HomeMy WebLinkAboutResolution No. 26-92RESOLUTION NO. 26-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, EXPRESSING SUPPORT FOR A LEGISLATIVE AMENDMENT TO
SECTION 166.04151, FLORIDA STATUTES (THE "LIVE LOCAL ACT"), TO PROVIDE
A NARROWLY TAILORED OPT -OUT PROVISION FOR SMALL,
GEOGRAPHICALLY CONSTRAINED COASTAL BARRIER ISLAND
MUNICIPALITIES; AUTHORIZING THE MAYOR TO EXECUTE AND TRANSMIT A
LETTER OF SUPPORT TO STATE REPRESENTATIVE KIYAN MICHAEL;
DIRECTING TRANSMITTAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted Section 166.0415 1, Florida Statutes, commonly
known as the "Live Local Act," to increase the supply of affordable housing throughout the state,
an objective the City of Atlantic Beach (the "City") shares and supports; and
WHEREAS, Section 166.04151(7), Florida Statutes, requires municipalities to authorize
multifamily and mixed-use residential development as allowable uses in any area zoned for
commercial, industrial, or mixed use for qualifying affordable housing developments, and
preempts local regulation of the density, height, and floor area ratio of such developments
notwithstanding the municipality's land development regulations and comprehensive plan; and
WHEREAS, the City is a small coastal community located on San Pablo Island, a coastal
landmass fronting the Atlantic Ocean and separated from the mainland by the Atlantic Intracoastal
Waterway, which functions geologically, ecologically, and practically as a coastal barrier island,
particularly with respect to hurricane evacuation and emergency access, encompassing
approximately three and one-half square miles of land area and having a population of fewer than
fifteen thousand residents; and
WHEREAS, the definition of "coastal barrier islands" in Section 161.053(1)(b)3., Florida
Statutes, excludes mainland areas separated from the mainland by artificial channelization for the
purpose of assisting marine commerce, and the eligibility criteria for the proposed amendment
should therefore be drafted to encompass coastal communities, such as Atlantic Beach, whose
landmass was separated from the mainland by the dredging of the Intracoastal Waterway; and
WHEREAS, the mandatory preemption of the City's limited commercial zones presents
distinct implementation challenges for highly specialized, geographically constrained coastal
environments such as Atlantic Beach, permanently reducing the scarce commercial acreage
necessary to support local retail, neighborhood services, and the municipal tax base; and
WHEREAS, small coastal barrier island communities lack the infrastructure capacity,
hurricane evacuation efficiency, and emergency shelter space necessary to safely accommodate
the substantial increases in population density contemplated by the Act's broad statewide
framework; and
WHEREAS, the unique architectural character, historic charm, and sensitive coastal
ecology of Florida's smallest beach towns serve as irreplaceable economic drivers for regional
Resolution No. 26-92 Pagel of 3
tourism and are fundamentally incompatible with high-density, urban -scale residential
development; and
WHEREAS, the City Council of the neighboring City of Neptune Beach has authorized
its Mayor to transmit a letter to State Representative Kiyan Michael requesting sponsorship of a
targeted amendment to the Live Local Act, and the City desires to join in and support that request;
and
WHEREAS, a targeted opt -out provision limited to municipalities that are located on a
coastal barrier island or on a coastal landmass separated from the mainland by the Intracoastal
Waterway, encompass less than ten (10) square miles of land area, and have a population of fewer
than twenty-five thousand (25,000) residents would narrowly protect Florida's most vulnerable
beach communities without undermining the broader statewide housing goals of the Live Local
Act.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Atlantic Beach, Florida, as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Expression of Support. The City Commission hereby expresses its formal
support for a targeted legislative amendment to Section 166.04151, Florida Statutes, substantially
in the form attached hereto as Exhibit A, allowing a municipality to opt out of the Live Local Act's
density and zoning preemption provisions by resolution or ordinance if the municipality: (a) is
located on a coastal barrier island as defined in Section 161.053(1)(b)3., Florida Statutes, or on a
coastal landmass fronting the Atlantic Ocean, the Gulf of America, or the Straits of Florida which
is separated from the mainland by the Intracoastal Waterway, regardless of whether such
separation resulted from artificial channelization; (b) encompasses less than ten (10) square miles
of land area; and (c) has a population of fewer than twenty-five thousand (25,000) residents.
SECTION 3. Authorization. The City Commission hereby authorizes the Mayor to
execute and transmit to State Representative Kiyan Michael a letter of support requesting
sponsorship of the proposed amendment, substantially in the form attached hereto as Exhibit B,
together with such non -substantive revisions as may be approved by the Mayor upon the advice of
the City Attorney.
SECTION 4. Transmittal. The City Clerk is hereby directed to transmit a certified copy
of this Resolution to State Representative Kiyan Michael, the members of the Duval County
Legislative Delegation, the City of Neptune Beach, and the Florida League of Cities.
SECTION 5. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,
Florida, this /34 day of , 2026.
Resolution No. 26-92 Page 2 of 3
CITY OF ATLANTIC BEACH, FLORIDA
Curtis or , ay r
ATTEST:
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Donna L. Bartle, City Clerk
Approved as to form and correctness:
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Jason G bri i ttorney
Resolution No. 26-92 Page 3 of 3
ATTACHMENT A (REVISED)
Suggested Amendment to Section 166.04151, Florida Statutes
The following language is suggested for amendment of Section 166.04151, Florida Statutes.
Proposed new language is underlined; existing statutory text is shown for placement only.
166.04151 Affordable housing.—
(7) [... ]
(p) This subsection expires October 1, 2033.
(a)1. Notwithstanding any other provision of this subsection, a municipalily may elect, by
resolution or ordinance adopted by its governing body, to be exempt from the requirements of this
subsection if the municipality:
a. Is located entirely on a coastal barrier island as defined in s. 161.053(l)(b)3., or
entirely on a coastal landmass fronting the Atlantic Ocean, the Gulf of America, or the
Straits of Florida which is separated from the mainland by the waters of the Intracoastal
Waterway, regardless of whether such separation resulted from artificial channelization;
b. Has a land area of less than 10 square miles, and
c. Has a population of fewer than 25,000 residents according to the most recent
decennial census conducted by the United States Census Bureau.
2. An election made under this paragraph applies to any application for development
authorized under this subsection which is submitted on or after the effective date of the resolution
or ordinance making the election.
ATTACHMENT A
Suggested Amendment to Section 166.04151, Florida Statutes
The following language is suggested for amendment of Section 166.04151, Florida Statutes.
Proposed new language is underlined; existing statutory text is shown for placement only.
166.04151 Affordable housing,—
(7) [... I
(p) This subsection expires October 1, 2033.
(g)1. Notwithstanding any other provision of this subsection, a municipality may elect, by
resolution or ordinance adopted by its governing body, to be exempt from the requirements of this
subsection if the municipality:
a. Is located entirely on a coastal barrier island as defined in s. 161.053(1)(b)3., or
entirely on a coastal landmass fronting the Atlantic Ocean, the Gulf of America, or the
Straits of Florida which is separated from the mainland by the waters of the Intracoastal
Waterway regardless of whether such separation resulted from artificial channelization;
b. Has a land area of less than 10 square miles; and
c. Has a population of fewer than 25,000 residents according to the most recent
decennial census conducted by the United States Census Bureau.
2. An election made under this paragraph applies to any application for development
authorized under this subsection which is submitted on or after the effective date of the resolution
or ordinance making the election.
CITY OF ATLANTIC BEACH
OFFICE OF THE MAYOR
800 Seminole Road
Atlantic Beach, Florida 32233
(904) 247-5800/cford@coab.us
www.coab.us
Dear Representative Michael:
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I am writing on behalf of the City of Atlantic Beach to express our City's support for, and to join the City
of Neptune Beach in respectfully requesting your sponsorship of, legislation amending Section 166.0415 1,
Florida Statutes, commonly known as the Live Local Act, to provide a narrowly tailored exemption for
Florida's smallest and most geographically constrained coastal municipalities.
The State's efforts to increase housing opportunities and address affordability challenges are
commendable. However, the current language of the Live Local Act presents distinct implementation
challenges for certain highly specialized coastal environments whose unique geographic, economic, and
infrastructural conditions were not contemplated by the Act's broad statewide framework.
As currently written, the Act requires municipalities to permit high-density multifamily residential
development within qualifying commercial and mixed-use districts. For small coastal barrier island
communities, where developable land is extraordinarily limited, this mandatory preemption has the
unintended consequence of permanently reducing the scarce commercial acreage necessary to support
local businesses, neighborhood services, and municipal revenues. Once converted to residential use, these
commercial properties are unlikely to return to productive commercial activity, thereby diminishing the
local tax base and forcing residents to travel off -island for basic goods and services that have historically
been available within their communities. Of arguably even greater concern is the Act's impact on safety,
particularly in relation to extreme weather events such as hurricanes. Small barrier islands simply do not
have the infrastructure to withstand the sort of increase in population density the Act anticipates when it
comes to this category of safety risks, which includes flooding, debris, hurricane evacuation efficiency,
and sufficient shelter space.
Moreover, Florida's smallest beach towns possess a unique architectural character, historic charm, and
sensitive coastal ecology that serve as irreplaceable economic engines for regional tourism. These
communities were established and have evolved at a scale fundamentally different from Florida's urban
centers. The high-density residential development authorized under the current Act is often incompatible
with the infrastructure capacity, evacuation constraints, environmental sensitivities, and community
character that define these municipalities. The resulting development pressures threaten not only local
quality of life but also the tourism assets that contribute significantly to Florida's broader economy.
To address these concerns while preserving the overarching goals of the Live Local Act, we respectfully
request consideration of a targeted amendment allowing a municipality to opt out of the Act's density and
zoning preemption provisions if it meets all of the following criteria:
800 Seminole Road • Atlantic Beach, Florida 32233
(904) 247-5800
1. The municipality is located on a coastal barrier island as defined by Section 161.053(1)(b)3,
Florida Statutes, or on a coastal landmass fronting the Atlantic Ocean or the Gulf which is
separated from the mainland by the Intracoastal Waterway, including where such separation
resulted from artificial channelization; and
2. The municipality encompasses less than ten (10) square miles of land area; and
3. The municipality has a population of fewer than twenty-five thousand (25,000) residents.
The City of Atlantic Beach, a coastal community situated on San Pablo Island and separated from the
mainland by the Intracoastal Waterway, consisting of approximately three and one-half square miles and
fewer than fifteen thousand residents, is precisely the type of small, geographically constrained
municipality this amendment is intended to address. This proposed exemption would be carefully limited
to a small number of uniquely situated municipalities and would not materially impair the State's broader
efforts to increase housing supply. Rather, it would recognize that Florida's most vulnerable coastal
communities face circumstances that differ substantially from those of larger inland and metropolitan
jurisdictions and therefore warrant narrowly crafted legislative accommodation.
We would welcome the opportunity to discuss this proposal further and to work with you on language that
balances the State's housing objectives with the preservation of Florida's distinctive coastal communities.
Thank you for your consideration of this important matter and for your continued service to the residents
of Northeast Florida.
Sincerely,
Curtis Ford
Mayor
City of Atlantic Beach
cc: Atlantic Beach City Commission
Mr. Kevin Hogencamp, City Manager
Mr. Jason Gabriel, City Attorney
800 Seminole Road • Atlantic Beach, Florida 32233
(904) 247-5800