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S. Elise Batsel
Tampa
Jacob T. Cremer Tampa
Darrin J. Quam Tampa
Cynthia D. Spidell, MBA, AICP* Tampa
Special thanks to Nicholas Marler who assisted in the drafting of this alert. Nicholas is a third year Juris Doctor Candidate at Stetson University College of Law.
*Non-Lawyer. |
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Tampa Bay Local Governments Forge Ahead in Limiting Property Rights with Burdensome
Land Development Moratoria
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In early February, local governments in the Tampa Bay area forged ahead to enact several development moratoria. Despite economic concerns due to the COVID-19 pandemic, the City of Tampa, Hillsborough County, and most recently Pasco County have continued to push to limit development and growth through the use of moratoria. Landowners and developers, however, still have time to get engaged in these efforts to limit property rights.
First, in an expansion of the moratorium we previously reported about, Tampa City Council voted to begin drafting an ordinance enacting a moratorium in the Coastal High Hazard Area ("CHHA"). If approved, the moratorium will significantly limit development rights for landowners in the City of Tampa who are located within the CHHA. The proposed moratorium will last for 9 months, and will (1) limit development to 25 units per acre, and (2) require that secondary uses in mixed-use developments utilize at least 10 percent of the development. A draft of the ordinance will be presented to City Council on March 4, with expectations for first reading on March 18 and second reading about two weeks later. Separately, City Council directed staff to develop traffic and development solutions for the community south of Gandy Boulevard. The report is scheduled to be heard on November 4, 2021. Second, the Hillsborough County Board of County Commissioners voted to extend the existing moratoria on development in the Wimauma Residential Village (WRV-2) and the Balm Riverview area (RP-2). There will be two additional hearings to implement this vote, on March 3 and April 7. Many residents and landowners in Hillsborough County voiced concerns regarding the ongoing comprehensive plan amendments in these areas, especially that the agricultural industry would be adversely affected and that detached affordable housing is not being adequately supported in rural areas. Originally 540 days, Hillsborough County's moratoria will now extend by another 210 days, for a total of 750 days. The moratoria restricts the development of land located in the WRV-2 and RP-2 areas by disallowing any rezoning applications. If approved, the moratoria will expire on December 31, 2021. Finally, Pasco County voted to move forward to a public hearing on a moratorium proposal on both rezoning and conditional use applications for multi-family developments within a specific section of the County. The stated purpose of the moratorium is to attempt to address perceived "oversaturation" of stand-alone multi-family developments in and around Commissioner Moore's district. During the moratorium period, County staff will complete research to give a detailed accounting of multi-family approvals. The moratorium generally encompasses the corridor along U.S. 41 down to the south corner of State Road 52, then continuing east to Bruce B. Downs Boulevard and back to the south along State Roads 54 and 56. Note that the map above depicts an area that was subject to a complicated motion that leaves uncertainty as to the exact geographic extent of the proposed moratorium. It is likely to be further refined at a forthcoming Board of County Commissioners meeting as early as March 9.As we previously reported, the use of moratoria infringes upon landowner and developer property rights. The moratoria enacted by the City of Tampa, Hillsborough County, and Pasco County may be subject to legal challenges and could require just compensation. Because nearly any moratoria enacted by local governments infringes upon property rights, local governments should aim to use moratoria solely as a last resort. Especially while the COVID-19 pandemic has led to unprecedented unemployment and economic strains on our community, local governments should seek to provide solutions that promote growth and development. Our Land Development, Zoning Environmental team has extensive experience advising clients on government takings, the Bert J. 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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RECENT STEARNS WEAVER MILLER UPDATES
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*Jeffrey Cooper, Ken Metcalf, Michael Paparesta, Chris Smith, David Smith and Cynthia Spidell are not attorneys and are not authorized to practice law.
Ken, David and Cynthia are highly experienced planners. Ken and Cynthia are AICP certified.
Chris is a highly experienced GIS analyst.
Jeffrey and Michael are highly experienced real estate analysts.
**Marco is a licensed attorney and highly experienced government affairs professional.
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