Anyone who wants to invoke the state’s “Live Local Act” in Pasco County will have to go through the court system to do it.
The Pasco County Commission has directed the county’s legal staff to seek a declaratory judgment against any applicant seeking to invoke “Live Local” in Pasco.
That state law allows an applicant to convert land zoned for commercial, industrial or mixed uses into multifamily developments, provided the project serves people who meet income criteria.
The law preempts local government from blocking the developments and it provides a property tax break to the developer.
Pasco County Commissioner Seth Weightman has objected to the law since its inception — stating that it undermines Pasco’s attempts to create more local jobs.
The county and the Pasco Economic Development Council have been focusing considerable efforts in recent years to attract jobs to Pasco and to shed the county’s image as a “bedroom community” for other job-rich counties.
Weightman hit the roof recently when he learned that a developer wants to invoke “Live Local” on a site at the northwest corner of Overpass Road and Interstate 75.
Roy Mazur, Pasco’s assistant county administrator for development services, and David Goldstein, chief assistant county attorney, gave a presentation on the topic at the Pasco County Commission’s Dec. 5 meeting.
Tackling the issue is Pasco County’s top legislative priority, Mazur said.
Pasco County has sent a letter expressing their concerns to state lawmakers, he said. Pasco, Pinellas and Hillsborough counties also sent a joint letter on the topic to legislators.
So far, 12 people have expressed interest in invoking Live Local, representing a total of 10 projects, according to county figures. Four pre-applications have been filed and two applications have been filed. One of those applications was quickly withdrawn and the other one is pending.
Goldstein said Pasco is attracting more interest in Live Local projects than other counties.
“We’re sort of the epicenter of Live Local, in terms of the number of inquiries we have,” Goldstein said.
Weightman described applicants’ interest in converting the county’s commercially zoned lands as a “shotgun blast.”
Goldstein told the board that it essentially had four options.
One would be to invoke a moratorium, which Weightman has described as a “nuclear option” and Goldstein defines as a “blunt tool.”
The problem with a moratorium is that it’s not surgical, Goldstein said. There may be properties the county wouldn’t want to affect that could get caught up in a moratorium, while other properties the county wants to affect are missed.
A declaratory judgment, on the other hand, would be sought to address a specific application, he said.
Goldstein has a list identifying 22 legal issues with Live Local, including constitutional issues and ambiguities. He said the list is made up of information from various sources, including a committee of legal experts across the state.
If the county files for declaratory judgment, it will need to name the state attorney general in the lawsuit because it is challenging constitutional issues in the Live Local Act, Goldstein said.
Ron Oakley, selected as the board’s new chairman, said he favors using the declaratory judgment approach.
He said the county must protect the $65 million investment it has made to the Overpass Road/Interstate 75 interchange project.
Pasco County Commissioner Jack Mariano said allowing Live Local projects to be developed in the county would be devastating. He said once one is permitted, it would be difficult to stop others.
The county has been protecting its commercial and industrial lands with the goal of using those properties for job-generating uses and it must continue to do so, Mariano said.
He favors trying the declaratory judgment approach, but if that doesn’t work, he supports invoking a moratorium.
The county won’t file a request for declaratory judgment unless an applicant seeks to invoke the Live Local Act and refuses to withdraw his or her application, Goldstein said. But if the applicant refuses, the county will act.
Published December 13, 2023
