The Planning and Zoning Board met on September 19, 2023, with only one item on the agenda *The Live Local, Affordable Housing Act, a/k/a Senate Bill (SB) 102.* Thomas Lanahan, Executive Director of the Treasure Coast Regional Planning Council presented an educational overview of the Live Local Act’s 95 pages. 

In this law, Tallahassee has removed the right of local government to plan in the best interests of its residents by allowing developers the highest density and the highest building height, that exists within one mile of the proposed 40% affordable housing residential development project.

What SB 102 means to Juno Beach: For our Commercial General Zoning Districts, if a mixed-use project contains 40% of affordable housing residential units for thirty years, then the project is allowed to be 12 stories tall and to have a density of 18 units per acre. Note that currently our commercial general zoning district heights are limited to 60 feet in height (typically 4 stories), and a density of 18 units per acre. Also, Thomas Lanahan’s presentation indicated that approvals were automatic for these types of projects by staff-only requiring an expedited review without input by Town Council or the public. Our Planning and Zoning Director, Frank Davila indicated that the property identified as potential locations for the 12-story affordable housing projects include the 11 acre Plaza Le Mar, and the 9 acre Seminole Plaza. However, in discussions about the Christmas Tree lot development there was always an unspoken threat that if the current pre-proposal project is not accepted that there could be a 12-story affordable housing project placed on the property.

 Urgent Actions to take now SB 102: Urge Town Council to pass a “resolution” to adopt ordinances or policies and procedures for the implementation of SB 102 within the Town of Juno Beach. At least two Board members believed that immediate action is needed for a resolution to address such topics as (1) procedure for these reviews that includes a public notice component (2) add local provisions for enforceability of the terms especially the 30 year requirements to maintain the affordable rent rates and to enforce other requirement components of this type of project (3) adopt a check list of items that the local government can still require such as comprehensive plan requirements, setbacks, open space, parking and architectural standards. A “resolution” allows the Town to put developers on notice that processes, procedures, or ordinances are being developed that will apply to their affordable housing applications, even if those were not passed by Town Council by the time that their applications were received. We can look to policies written by Jupiter or Lake Worth Beach, who have addressed how SB 102 is applicable in their jurisdictions.

The *SB 102 Summaries* sponsored by the *East Central Florida Regional Planning Council*, suggest that there needs to be follow up by Staff within 10 days of receipt of an application to the applicant, or there is an "automatic approval" of the supersized affordable housing project proposed (remember 12 stories in height for any mixed-use commercially zoned area). Our staff disagrees with the ten days suggested by in some Regional Planning Council summaries, so follow-up to confirm was suggested to avoid automatic "no review" approval of these projects by default.  

  There needs to be a sense of urgency to address policies and procedures for implementation of SB 102 in Juno Beach, because it could drastically change the landscape of our quaint seaside community.  One small note of optimism, the Town Council recent passage for commercial zoned mixed use properties to limit the residential to 75% or 80% of the total project area is thought to make Juno Beach less attractive to developers for these supersized affordable housing projects. 

Other Topics covered included:

• One-on-One meetings with Developers about Projects before Council Marianne Hosta, Vice Mayor Pro Tem, spoke in public comments about the need to change individual communications with developers by the Board and Town Council, when those meetings may be considered to persuade their vote on projects that will come before them for approval. I noted in comments from the Chair person, that an *older Florida Bar article* (9th paragraph, ft.nts.12-14) and *case law* previously considered that these one-on-one developer discussions, not held in the public, for quasi-judicial decisions, disadvantaged any third party opposed to the project, and were prejudicial to the proceeding requiring proof that the Council person or Board member was not influenced, and was still a neutral arbiter of objective facts presented at the public meeting where the vote was to be taken. The *current statute* allows these meetings with disclosures,however it does not preclude local governments deciding to set specific procedures for themselves for these meetings. My opinion given at the Board meeting is that procedures should be adopted to discourage individual meetings and to hold open public workshops where everyone receives the same information for increased transparency.
• Correction to Council Member DD Halpern August 18 newsletter statement that "she [meaning me] (and the Board) oppose ADA accessibility at this beach access" is not a correct statement of Board action as no vote was taken on the issue. The correct statement is that my focus at the August meeting was on "public safety" and this crossover's lack of amenities such as no lifeguard, no lighted signaled cross-walk, and no handicap parking, does not promote safe access for those with mobility issues. A blogpost handout describing local lifeguarded locations that are *handicap accessible* with beach wheelchairs provided by Palm Beach County was given for informational purposes including descriptions of mobi mats at Intracoastal locations without sea turtle nesting and hatching concerns.

Planning and Zoning Board members and their Council person who appointed them are: Chair - Diana Davis (Cooke), Vice Chair - Jim Ferguson (Wheeler), Michael Stern (Cotronakis), Laure Shearer (Halpern), Nancy Wolf (Hosta), and Jane Le Clainche (Council alternate).

* Click on bolded italic text for web link to document referenced.