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S. Elise Batsel
Tampa
Jacob T. Cremer Tampa
Jessica M. Icerman Tampa
Vin Marchetti Tampa
Kevin Reali Tampa
David M. Smith* Tampa
*Non-Lawyer
Special thanks to Nicole Neugebauer who assisted in the drafting of this alert. Nicole is a Juris Doctor Recipient and is pending admission to the Florida Bar. |
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City of Tampa Holds Important Workshop on Changes in Land Use and Development Policies
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The City of Tampa City Council recently held a lengthy land use workshop to discuss several important land development challenges facing the City and proposed amendments to the City's Land Development Code. Below is a summary of the most important topics and discussions:
- The City's current population is approximately 390,000, but the City anticipates a population increase to 560,000 by 2045. The City adds an average of 6,085 people each year. As depicted on the chart above, significant development opportunities exist in the City as the average allowable density in the Tampa area is 19 units per acre, but the actual developed density is only 5.1 units per acre.
- Over the last 10 years, there have been a total of 983 rezonings on 4,100 acres in the City. Central Tampa saw 480 of those rezonings over 1,049 acres, the most of any sub-community within the City.
- The Council evaluated adopting a form-based code on a City-wide basis, similar to Seminole Heights. Such a significant change would not only require broad community input and support, but also would require significant time and money. Staff will be investigating alternative ways to improve development standards.
- The Sea Rise Regulatory Assessment should be completed by May 2021 and the Coastal Resiliency Action Plan is also expected to be completed over the next 8 months. While the Assessment will evaluate current regulations and propose changes to strengthen the code for areas at risk to sea level rise, the Action Plan will address hurricane evacuation shelters for Palmetto Beach and the area south of Gandy.
- The City's Mobility Plan likely will not be completed until May 2022. It will provide transportation objectives, initiatives, and priorities for the next 30 years. It will also update the Functional Classification Map to identify modal/land use context and future corridor visions.
- Abbye Feeley, the City of Tampa's new Director of Development and Growth Management, provided a history of the City's bonus density and intensity provisions. Staff expressed concern that these bonuses are not being used effectively or in line with current City growth strategies. The Council will be reexamining the current bonus density and intensity requirements, including the calculation formula and amenity list, to encourage developers to use these bonuses and to incentivize key priorities like affordable housing, compatibility, and sea level rise resiliency.
- In September 2019, two Councilmembers sought Staff review on the creation of an administrative process for approval of lots that are within 5% of the City's current standards. Abbye Feeley requested Council provide additional information on their objectives, as a 5% standard would not capture recent applications that have come before City Council. Staff will conduct further research and recommend an appropriate percentage based on Council's objectives, and develop criteria to for administrative approvals.
- Due to COVID-19, the Council is considering modifications to the hours of sale restrictions on alcoholic beverage consumption, both on and off premises. Staff recommends holding a series of public workshops with stakeholders to receive feedback on potential changes.
- After several members of the public brought forth concerns over noise in the Channelside area, the Council recommended developing a noise ordinance. The discussion will be revisited by City Council on November 5, 2020.
- Staff also proposed 12 amendments to the Land Development Code. The most important amendment will require municipalities to review development permits and orders for completeness within 30 days of receiving an application and provide a letter to the applicant indicating whether all necessary information was submitted. Municipalities must approve, approve with conditions, or deny applications within 120 days after the municipality deems the application complete, or 180 days if the application requires a quasi-judicial hearing or public hearing. These deadlines are required under section 166.033, Florida Statutes. The 12 amendments will be heard by the Planning Commission on November 9, 2020 and the City Council on November 19, 2020.
Stearns Weaver Miller's growing Land Development, Zoning & Environmental team is continuously monitoring these important discussions to consider the effects that changing land use and development policies will have on ongoing, proposed, and future projects in the City of Tampa. Please contact us should you have any questions.
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