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The Laker/Lutz News

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Pasco seeks to work around state restriction on design efforts

July 11, 2023 By B.C. Manion

The Pasco County Commission has been talking for months about creating design standards to ensure that residential development on small lots takes aesthetics into account.

The board has identified architectural options to reduce the monotony often found in “cookie-cutter” subdivisions and it desires increased landscaping to enhance the attractiveness of neighborhoods.

But the board’s intentions could be thwarted by the Legislature’s adoption of Senate Bill 1604. That bill, widely referred to as the ‘Reedy Creek Bill,’  stripped Walt Disney World of its special status. But it also eliminated local governments’ ability to mandate building design requirements for residential developments, planned unit developments and master-planned unit developments (MPUDs).

Pasco board members expressed frustration about the SB 1604’s restrictions.

The Pasco County Commission prefers residential developments to have trees, to help enhance the beauty of neighborhoods. They have other ideas, too, on how to create attractive places for residents. Under a new state law, the board cannot dictate aesthetic requirements, but developers remain free to self-impose standards as part of a negotiation to have their zoning requests approved. (Mike Camunas)

Commissioner Seth Weightman noted: “I think our board has looked at quality and value of our building products, kicking off (in) 2023 with our new board.”

The board’s discussions have involved adding requirements for housing developments that include lots with widths of 40-feet and 50-feet, to avoid a plain-label look with too much pavement and too few trees.

The board also has been working with the development community and the Tampa Bay Builders Association to identify how to maintain a quality look and feel in construction of new residential projects.

“I don’t think that we just want to bluntly have to say ‘No,’ or vote ‘No,’ on certain products. “We want to be able to massage it and get what’s best for that area,” Weightman said.

The county wants to ensure that the housing products it approves look good, which also is in the best interest of the homeowner, the county board member said.

The issue came up for discussion during the board’s June 20 meeting, during an update on actions taken during the last session of the Florida Legislature.

Shawn Foster, of Sunrise Consulting, lobbied for the county during the session, as did Ralph Lair, the county’s intergovernmental affairs officer.

Foster said an effort was made to get the bill amended, at the county board’s request.

“We were told adamantly, ‘No. It is not happening. We’re not changing it.’ They were very adamant,” Foster said.

Pasco County Commissioner Ron Oakley said if the board can’t require the developers to enhance their projects, the county has another option.

“We don’t have to have 40- or 50-foot (wide) lots. If they don’t build something nice for our county, we don’t have to have that,” Oakley said.

But Weightman maintained: “We want to have the discretion to approve the appropriate product, building product, in the appropriate space.

“Regardless of how large or small, the lot size or the house is, we want a good quality home for our residents to live In and be proud of what’s here, and I hope the builder is proud of what they’ve built here,” Weightman said.

“We’re being forced to potentially make a hard-line decision, where we wouldn’t maybe necessarily have to do that,” the county board member said.

David Goldstein, chief assistant county attorney, reminded the county board: “This bill does not prevent a developer from imposing their own private architectural requirements.

“So what’s happened since this bill took effect, I’ve seen at least three or four projects that were 40- and 50-foot lots. They’re putting new language in their MPUDs that the developer, on their own, will impose these restrictions on themselves.”

Oakley said he has seen some improvements in some developments with 40- and 50-foot lots.

“We have a lot of guys stepping to the table, to do better landscaping, better architecture, and they’re willing to do that.

“The ones who aren’t willing to do that don’t have to build here. They can build somewhere else,” Oakley said.

The county plans to take a more proactive stance before the next legislative session, which will be early because of the 2024 elections.

Committee meetings start the week of Sept. 18 and will be held during October, November and December before the first day of the session begins on Jan. 9, Lair said.

Lair said the county wants to change its posture before the session begins.

“We hate always playing defense, up in Tallahassee, when they won’t consider amendments during the process. They only give you a couple of minutes to discuss your point.

“Why not meet with them before they start their committee meetings.

“Some of our surrounding counties do this. They have a workshop,” he said, similar to the workshops the county does with its municipalities.

“My proposal is that we do a workshop with the state and the federal delegation. Bring them in for about two hours,” Lair said.

He suggested having the workshop a week before the legislators have their first committee meetings.

The board agreed to the approach, so Lair will be seeking to set that up.

Published July 12, 2023

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