New Affordable Housing Law Potentially Complexifies OLF 8 Sale

 

The newly passed, bipartisan "Live Local Act" which was signed by Governor DeSantis late last week sailed through the legislature with very little fanfare and much applause.  It has a lot of very positive provisions, namely the doubling of state dollars for the SHIP and SAIL programs which seek to provide more affordable housing options for citizens.  It also has some innocuous provisions related to what local governments can charge to tow and store vehicles within their respective jurisdictions.

But some language in the bill related to approval of housing development is troubling.  And it could impact Escambia County in many ways which may have perhaps not been thought through as this was pushed over the finish line.

The biggest and most concerning conundrum this legislation creates is the way in which it specifically limits the county's ability to make important zoning determinations and decisions with respect to commercial properties.

The legislation which is now Florida law has provisions which allow developers to completely bypass local ordiances controlling allowable uses withing commercially zoned parcels of land----if certain conditions are met by the developers. Specifically--if a builder owns commercial property that is not currently zoned by the county for housing--such a developer can now build housing (if a certain percentage of such housing development is alloted for "affordable/workforce" housing) on such parcels with no need for a county's approval.  The legislation preempts the local authority to regulate this. (see the language in lines 312-379 of the original bill here)

So this new law potentially complexifies our sale of OLF8 because it opens the possibility that the developer we eventually sell this parcel to--with our intention being that such a developer follow the master plan we have codified in county ordinance--could instead potentially develop the entire parcel with residential.  I was invited onto this past Thursday morning's "Real News with Rick Outzen" to discuss these potential issues this new law creates as it pertains to our upcoming sale.  You can hear that conversation here. The master plan's compromise specified certain acres for commercial, light industrial (for job creation) with other portions set aside for residential, retail, a town center and amenities.  With this new law in place though--all the allowable residential could be built, and a developer could potentially then bypass our zoning to create EVEN MORE residential on OLF 8 under the provisions of this new law.   This is the concern I have, and that many others share.

In a conference call I had with county staff and multiple lawyers Wednesday--I was told that because we own the property currently--we may be able to utilize restrictive covenants/deed restrictions to

75th Coffee with the Commissioner this Wednesday Morning on Facebook Live---All About Growth Management and Zoning

Join us this Wednesday, August 10th, for our 75th Coffee with the Commissioner live on Facebook.  We will have Administrator Wes Moreno and Public Safety Director Eric Gilmore giving updates on the county and public safety, respectively, and as our special guests we will be joined by Development Services Director Horace Jones and Andrew "Drew" Holmer, Division Manager, Development Services. We will talk with Drew and Horace about upcoming developments, how the county's development process works, and how this county department works in conjunction with the planning board and the board of county commissioners to implement the land development code.  This is one area of governance that receives a lot of scrutiny and many citizen complaints, so I look forward to the discussion and having a lot of answers to citizen questions and complaints.  

We will start at 6:30 live on Facebook at www.facebook.com/CommissionerBergosh/ as is always the case--residents are encouraged to participate and send questions to via the comment feature during the livestream or by sending questions in advance to district1@myescambia.com or by calling the D1 office at 850-595-4910.

Getting the Future Land Use (FLU) Right on OLF-8 Gives Nearby Residents Greater Say about Future Development....

 

Unlike local zonong designations, The establishement of the Future Land Use overlay for OLF-8 is a process that requires coordination with Tallahassee; for this reason it is imperative that we get it right.  Staff's first two proposals (left two, above) had too much yellow, not enough red.  The one on the far right is the one that will be brought forward for board consideration, as it is just right......

What is a Future Land Use anyway, you might ask?  The future land use is a designation assigned to a parcel of land that comports with a county's comprehensive plan and subsequently filed with the state of Florida.  Once filed, the underlying local zoning designations can be added, amended, changed, or altered via local action-with the caveat being that local designations do not trump the FLU, and incompatible uses between local zoning regulations and FLU designations require an action from the State to resolve.  This just recently happened on a piece of property in District 1 where a FLU change had to be requested of the state to "allow" for the building of apartments by a developer.

So, at the most recent regular meeting of the Escambia Board of County Commissioners last Thursday, the public hearing for transmittal of the staff's proposed FLU maps for OLF-8 were dropped from the agenda.

At least one other commissioner and I objected to the FLU being MU-U for more than half of the map--with only a "tiny" strip for commercial development along the frontage of the property on 9-Mile Road and the northern portion of the property.  This did not comport to the board's vision nor did it comport with our expressed desire to see businesses and amenities (not massive apartment buildings) on this valuable property abuting 9-Mile Road.

So we took the first rendition, the left drawing above, and it got 86'd fast.  It was, and is, a "non-starter."  The middle drawing above was a secondary proposal from staff--but it, too, had too much of this property with a FLU designation of MU-U.

So several other board members asked if I could work with staff to bring back a proposed FLU map for approval by the full board and subsequent transmission to Tallahassee that is more in line with 1.) what the board desired, 2.) maintains the vision for the compromise reached regarding other aspects of development on the field, and 3.)  that could get support from a majority of board members to move this project forward.  

I believe the map on the far right, above, accomplishes this.  In communicating with staff on this, I asked specifically if this FLU would mesh with what DPZ has put forward as the local zoning designations for OLF-8---which speak to which areas of the field can be built with what types of buildings, features and structures---to include commerce, public amenities, "town-center", residential, and commercial.  I was assured that this proposed FLU map allows for all of these things.

WHY IS MORE RED BETTER THAN MORE YELLOW ON THIS FLU MAP?

The difference is nuanced, but important, as to why more commercial (red) is prefferable to more mixed use-urban (yellow).  

While it is true that most of the commerce related aspects of what we have planned for the OLF-8 project could be constructed under a MU-U FLU designation---the critical key for me (and the more important question to consider) is what "CAN'T" be built under a COM FLU designation.  That's more important  and here's what I mean.

A commercial FLU designation does not permit stand alone residential, period.  Regardless of the underlying "local" zoning category.  So having more COM (red) has a protective, prophylactic effect on the rapid growth and sprawl of more high-density, high impact residential construction.  It does this by only allowing residential as a component of a primarily commercial development (e.g. lofts over retail), and only by allowing up to 49% of a project to consist of residential components.

Now, those that push back will proclaim "But the FLU does not matter, if the local zoning does not permit residential!!!"   Well, here's where that argument falls apart.  If the underlying local designation does not permit apartments, applicants can easily navigate the process to rezone locally via the planning board to allow for apartments if --watch for it--IF the existing underlying FLU allows for apartments.  MU-U allows apartments.  COM does not.  Additionally---- there are several "local land use consultants" that help developers navigate the rezoning process locally all day every day.  They have it down to a precise science and they are very fast, efficient, and effective at getting it done.

So having more of the map red, or designated as a COM FLU, adds a second layer of protection against

The Area Behind The New Publix Site Has NOT Been Recently Rezoned to Commercial

There were some unfounded speculations and accusations about the land just south of the location of the new Publix Shopping Center in Beulah at 9-Mile Road and Beulah Road.  On the Beulah Scoop Facebook site some posters stated that the property had recently been "re-zoned" to commercial.  And then several subsequent posters piled on, dragging me as the current commissioner into the conversation and bashing me--blaming me for "this."  

I knew it was all bogus.  

And a quick check with staff verified what I already knew to be true.  

There has been no such rezoning of any of that property since I have been the D1 Commissioner!  

(BTW:  Anyone at anytime that is confused or has questions about zoning--particularly in Beulah where I have lived for going on 2 decades-can call me for the facts.  850-293-1459.  Or email me at District1@myescambia.com.  I'll give you the facts, the truth.  I'm working on a citizen-driven master plan for the entire area to control the out of control growth in Beulah-and we will be awarding that $300,000.00 contract within 30 days.  I ran for this job because I wanted more intelligent management of growth--and we are going to do it!) 

As a matter of fact, before the county did a massive up-zoning of properties all over the county in 2015 (Before I was Commissioner) for the purpose of streamlining zoning designations (which was a MASSIVE up-zoning of many properties) this property was already zoned for commercial uses.

From staff:

"below are the two OLD ZONING AND NEW ZONING for the Properties behind Publix as well the “Rezoning case map” of the area. There has not been a rezoning in the area since 2006. The only change is the NAVY FEDERAL CREDIT UNION 15’ x 605’ Ingress and Egress section was changed from RR to HC/LI in 2015 zoning update because it was less than 10% of the property and was the NFCU connection off of Beulah Road. It did not affect any other properties. The ID-1 or HC/LI is NFCU Property. There has been no new Commercial rezoning behind Publix. All other Properties have not changed nor any rezoning cases have happened without the BCC approval"

OLD ZONING--PRIOR TO 2015

CURRENT ZONING-(SINCE 2015)

See staff's before and after zoning maps of this entire  area (prior to 2015 and current)

 

OLF 8 Zoning Decision Request from Staff Was Premature.....

Staff had requested we make a selection today (see above) regarding our newly acquired OLF 8 property in Beulah--the board decided this was premature and instead voted to wait until AFTER the master plan is completed to assign the zoning and future land use designation...

Today we had a very brief discussion about OLF 8.

Staff wanted us to choose a zoning designation and a future land use category from among two choices that would fit the parcel (pictured above).  They wanted a decision on this today.

For my part--I felt such a decision was very, very premature and I stated this at the onset of the meeting and discussion.  

I believe the master planner should be engaged and allowed to do his work to identify the highest and best use for the property and to develop a plan based upon our guidance document----before we "put our thumb on the scale" by pre-determining the zoning and FLU.

My counterparts on the dais agreed, and we wisely decided to wait until AFTER the master plan is complete to assign these designations to the property.

I'm glad we ended the discussion this way and that we did not put the cart before the horse...