Fears of 'Live Local' condo become reality

Concerns that a developer would use the state's "Live Local Act" to build a huge apartment complex on 3.47 acres that abuts South 14th and South 15th streets have become a reality, according to city records.

The city's Technical Review Committee on Thursday will discuss plans submitted for the construction of an 84-unit condominium and a 41,000-square-foot medical office.

Darius Property LTD of Fernandina Beach is the listed applicant and Gillette & Associates, Inc., is the agent for the project.

The current city commission voted 4-1 to annex the property into the city almost a year ago, with commissioners Bean, Sturges, Ayscue and Antun supporting the measure.

The lone vote against the annexation was Commissioner Chip Ross, who raised concerns that the property owner would use the Live Local Act to overcome the property's zoning restriction of commercial zoning.

 The Live Local Act permits developers to circumvent local governments’ requirements regarding zoning, density and height in order to allow for development of affordable multifamily rental housing in commercial, industrial and mixed-use zoned areas.

A similar proposal was rejected 3-2 by the previous city commission in 2021.

“(Under) Live Local, could this property be used to build apartments, with a 45-foot building height under city code, with a density of 34 units per acre,” Ross said during the debate to annex the parcel into the city. “That would allow … 130 units for that property. Under the county code, their minimum height would be between 35 and 40 units and density of 10 units per acre, for a total of 35 units.”

The Live Local Act mandates a statewide workforce housing strategy, designed to increase the availability of affordable housing opportunities for Florida’s workforce so they can live within their own communities. Projects must dedicate 40 percent of the housing as 'affordable' under Live Local.

The developer wrote in its application, "There are 80 condo units total, and 32 units will be dedicated as “affordable” under the Live Local Act."

Other details included in the application address parking for the condo and medical office.

There are 192 total parking spaces allotted for the site. During normal operating business hours, parking is shared between the condos and the medical office. The deficit is 34 parking spaces. 34 condo units will be dedicated as “affordable units.” It will be assumed that these units will be away at work during the normal operating business hours of the medical office, the application states.