As we previously reported, local governments in the Tampa Bay area have been planning to enact development moratoria despite economic concerns caused by the COVID-19 pandemic. The City of Tampa, Hillsborough County, and Pasco County have all taken significant actions since our report in February to enact the moratoria.
First, the City of Tampa ("Tampa") has significantly changed its proposed moratorium. The original proposal enacted a moratorium in the Coastal High Hazard Area ("CHHA") for 9 months, with specific limitations on the number of units per acre allowed as well as a requirement for mixed-use developments to utilize at least 10 percent of the development. The new proposed ordinance would go into effect on June 1 and removes a developer's ability to utilize Floor Area Ratio ("FAR") for single-use multi-family projects within three future land use categories: Urban Mixed Use-60, Community Commercial-35, and Community Mixed Use-35. The practical effect of this would be an enormous step back in the community's efforts to increase density in some of Tampa's prime transit corridors and urban villages. A first reading of Tampa's proposed ordinance is planned for May 6, with a second reading to occur on May 27.
Second, on April 7 Hillsborough County voted to extend two already existing moratoria until December 31, 2021. They cover properties located in the Wimauma Village Residential-2 ("WVR-2") and Residential Planned-2 ("RP-2") land use categories. The moratoria prohibit new rezoning applications in these categories and will have been in place for a significant amount of time, about 750 days, or over two years.
Third and last, Pasco County has proposed a moratorium on multi-family developments due to a perceived "oversaturation of multi-family dwelling units." The proposed moratorium covers a large area in south-central Pasco County and will last 6 months. It will completely prohibit the submission and acceptance of applications for conditional uses, rezonings, and comprehensive plan amendments for multi-family entitlements. Pasco County completed the first reading of the proposed ordinance on April 20. The second reading is scheduled for May 4. If the moratorium is approved, it will have an effective date of April 1, 2021 (retroactively), and will end November 1, 2021 unless extended.
 As we previously reported, all of these moratoria 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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