SUBJECT/RECOMMENDATION:
Title
Approve amendments to the Community Development Code, reestablishing certain previously rescinded amendments determined to be null and void pursuant to Florida Senate Bill 250 (2023) through Ordinance 9712-23, and pass Ordinance 9740-24 on first reading.
Body
SUMMARY:
City Council approved Ordinance 9643-23 on April 4, 2023, making a variety of amendments to the Community Development Code. Subsequent to this approval, the Florida Legislature prepared Senate Bill 250, which the Governor signed into law on June 28, 2023. Senate Bill 250 placed certain restrictions on municipalities entirely or partially within 100 miles of where either Hurricanes Ian or Nicole made landfall. More specifically, the bill stated that municipalities may not “propose or adopt more restrictive or burdensome amendments to their comprehensive plan or land development regulations” prior to October 1, 2024, and applied this restriction retroactively to September 28, 2022. The bill further declared that any such amendment “shall be null and void ab initio”.
Portions of Ordinance 9643-23 were determined to potentially be “more restrictive or burdensome.” Ordinance 9712-23, adopted on November 2, 2023, rescinded those sections of the Community Development Code, reverting to the codified language that existed prior to April 4, 2023 (i.e., when Ordinance 9643-23 was adopted).
In early November 2023, the Florida Legislature held a special session in which House Bill 1-C was prepared and signed into law by the Governor on November 13, 2023. House Bill 1-C amended the area of applicability established by SB 250 from 100 miles of landfall of Hurricanes Ian or Nicole to specific counties, of which Pinellas was not included. Due to this, the “more restrictive or burdensome” limitations no longer apply to the city. Proposed Ordinance No. 9740-23 reestablishes the various standards rescinded in November.
The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report.
The Community Development Board, in its capacity as the Local Planning Agency (LPA), will review the proposed amendments to the Community Development Code at its meeting on January 18, 2023. Staff will report its recommendation at the City Council meeting.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
These proposed amendments support the Community Well-Being goal of the city’s Strategic Plan by providing amendments to the Community Development Code that aim to increase aesthetic appeal and livability within the city.
