Pasco County Expands Multi-Family Moratorium while Hillsborough County Plans to Extend Another Moratorium

NEWS UPDATE: February 2, 2022

LAND DEVELOPMENT, ZONING & ENVIRONMENTAL | GOVERNMENT AFFAIRS

Pasco County Expands Multi-Family Moratorium while Hillsborough County Plans to

Extend Another Moratorium

Pasco County is in the process of expanding the area subject to the multi-family moratorium due to a perceived "oversaturation of multi-family dwelling units." The new proposed moratorium area is expanded to include several additional areas along the State Road 54/56 corridor. Rather than being based on planning concepts, these areas are being added as a result of shifting political commission district boundaries that were adjusted in December 2021. On January 6, 2022, the Planning Commission recommended approval to the Board of County Commissioners (“Board”). The first reading was January 25, 2022 in New Port Richey, with the second reading scheduled for February 8, 2022 in Dade City.

Urban Service Area & Moratorium Area

The moratorium was initially approved by the Board on May 4, 2021 and prohibits the submission and acceptance of applications effective April 20, 2021 for conditional uses, rezonings, and comprehensive plan amendments to increase multi-family entitlements in the moratorium area. It was initially intended to end on November 1, 2021. However, on September 28, 2021, the Board voted to extend the duration from 180 days to 365 days, for a new end date of April 1, 2022, to allow planning staff additional time to complete a housing study.

Please consider emailing the Pasco County Board of County Commissioners to tell them how your property rights will be burdened and how anti-growth actions will cost the community jobs and economic growth.

In other regional news, on January 12, 2022, Hillsborough County yet again took steps to extend its moratorium on new rezoning applications in the RP-2 future land use category. The moratorium was planned to expire on December 31, 2021 after the adoption of revisions to RP-2. However, the new regulations were legally challenged. The County held a first reading on the moratorium, and a second and final reading is scheduled for February 2, 2022. A similar moratorium for the WVR-2 future land use category has now expired as newly developed rules are now in effect.

As we previously reported, this moratorium along with other previously reported moratoria in the Tampa Bay area raise legal concerns under federal and state takings law as well as under the Bert Harris Act. Our Land Development, Zoning & Environmental team has extensive experience advising clients on government takings, the Bert Harris Act, and local government moratoria. We will continue to monitor and provide updates regarding any local moratoria that will be potentially subject to legal action. For more information, please contact us.

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*Ken Metcalf, Tina Ekblad, David Smith, Cynthia Spidell, Chris Smith, Shawn Halphen, Roger Houle & Yuliya Olvy are not attorneys and are not authorized to practice law.

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