The request is for City Council to conduct a second and final reading of a Small Scale Future Land Use Amendment to amend the Future Land Use Map category from Low Medium Density Residential-10 (LMDR-10) to High Density Residential-30 (HDR-30) for property located at 6120 Congress Street.

The subject property has a currently adopted future land use designation of LMDR-10, which permits 10 dwelling units per acres with a residential equivalent of 2 beds per residential density per acre. The subject property is 1.97 acres which equates to 39 beds allowed for this property. The ALF has a legal non-conforming status with their 126 beds.

The following provides a history of the subject property and summary of previous City correspondence related to the subject property and its future land use and zoning.

As you can see from the history provided, the subject property was developed at a high density prior to the 1989 adoption of the Comprehensive Plan, making it a legal non-conforming use. The Future Land Use Element Policy FLU 1.8.3 c. allows the owner to replace lost units due to natural disasters or other redevelopment. The Future Land Use Map of the Comprehensive Plan established a designation of LMDR-10 for the subject property. This established a policy of limiting the amount of growth to the amount as built in the area of the subject property. The City is aware of the inconsistency with the FLUM and Zoning designations established at the time of adoption of the Comprehensive Plan in 1989 as demonstrated through numerous correspondence. Since then the City has had two opportunities to amend the FLUM through the EAR process spanning a twenty-seven year period (1989-2016). Instead, the City has chosen to maintain the original policy of limiting the amount of growth to the amount as built.

Surrounding Land Uses:

North – LMDR-10 and Public/Semi-Public

South – Pasco County (Residential – 12 du/acre)

West – LMDR -10

East – HDR – 30

Extension of the HDR-30 future land use classification from the property to the east of the subject property would result in the application of a significant higher density than the abutting properties to the North (LMDR-10), South (Pasco County – Residential-12), and West (LMDR-10). In fact, properties to the west of the subject property are in a similar situation with the LMDR-10 future land use and MF-30 zoning. However, these properties to the east are developed with an actual density of less than 30 du/acre. This is further evidence that the assignment of the LMDR-10 future land use classification to the subject property was not in error or unintended. This demonstrates that the City’s intent is to continue to recognize and respect existing development but not to support the increase of densities outside of the City’s Downtown and Downtown Core.

Additionally, the City has a stated intent, as recently demonstrated with the adoption of a text amendment to Table FLU 1.1.3 to increase the density in the Downtown and Downtown Core with the use of conversion of non-residential floor area to dwelling units and the use of transfer of development rights (Ordinance N0. 2020-2184, October 29, 2020). The City’s focus is to increase the population within the Downtown and Downtown Core to provide the residential support for the expansion of business opportunities and to make Downtown New Port Richey a dynamic place to live, work, and play. Increasing density outside of the City’s Downtown and Downtown Core can result in detracting from the city’s stated intent to maximize development opportunity within the Downtown and Downtown Core.

Compatibility with Comprehensive Plan:

FLU 1.1.3 Future development and redevelopment in the City shall be consistent with the requirements of the Future Land Use Map categories set forth in the companion table to this policy (see Table FLU 1.1.3). Only those land uses, densities and intensities specified for the Future Land Use Map category are permitted unless uses, densities and intensities specified in the zoning regulations are more restrictive. In such cases, the zoning regulations shall prevail.

The subject property has a Future Land Use designation of Low Medium Density Residential (LMDR-10) that is more restrictive than the zoning designation of MF-30. The Comprehensive Plan, as adopted, establishes the goals, objectives and policies of the City. The zoning as established through the Land Development Code is a tool to implement the Comprehensive Plan and manage the future growth. Therefore, the zoning designation should be consistent with the land use designation and not vice versa.

Consistency with FS 163.3194:

Section 163.3194, F.S., clearly establishes the zoning of a property must be consistent with the comprehensive plan and Future Land Use Element. The zoning of a property does not establish the future land use of a property. The future land use of a property establishes the appropriate zoning designation for the property. In addition, the City’s Future Land Use Element specifically addresses situations where there is a discrepancy between the adopted future land use and zoning of a property. Table FLU 1.1.3 of the Future Land Use Element includes a Note #2 at the end of the table that states the following:

“Land uses and intensities specified in the future land use category are permitted unless the applicable zoning district uses and intensities are more restrictive. In all cases, the more restrictive regulation shall prevail.”

As plainly provided in the Note #2, because the future land use of LMDR-10 is more restrictive than the current zoning of MF-30, then the more restrictive and applicable regulation is the LMDR-10. Also, as noted above, the current 126 bed ALF is considered a vested legal non-conforming use and may continue as a 126 bed ALF. However, due to the stricter regulation of density of the LMDR-10 future land use classification, the existing ALF may not expand the number of beds beyond the current 126 beds.

On October 29, 2020, the Development Review Committee reviewed the case and recommends denial of the requested future land use amendment for the following reasons:

1. The future land use of a property determines the appropriate zoning. It is not correct that the zoning of a property determines the future land use of a property.

2. The increase of density to HDR-30 is not consistent with the surrounding land uses to the north (LMDR-10 and Public/Semi-Public), south (Pasco County – Residential- 12 du/acre), and west (LMDR-10).

3. The increase of density outside of the City’s Downtown and Downtown Core is not consistent with the stated intent of the City to promote increased density within the Downtown and Downtown Core.

On December 17, 2020, the Land Development Review Board (LDRB), reviewed the requested small scale future land use amendment. The LDRB had considerable discussion on the requested small scale amendment. The initial motion by the LDRB was to recommend denial of the small scale amendment based on the recommendation of the DRC. However, the initial motion for denial failed by a vote of 3 in favor of the motion and 4 in opposition to the motion. A second motion was made to recommend approval of the small scale amendment. The second motion to recommend approval passed by a vote of 4 in favor of the motion and 3 in opposition to the motion.