A new state law could temporarily compel cities and counties to allow development on some agricultural lands. But Hillsborough County officials said on Wednesday the law handcuffs local planners.
The law means some land zoned agricultural that's next to land zoned for development must be approved for new homes or businesses.
Hillsborough County Commissioner Joshua Wostal said that could lead to development sprawl on what is now open space. He said it could open up a "Pandora's box" in some areas that now sit on the edge of development.
"I just don't think people are going to appreciate what this could potentially do in Hillsborough County with the amount of ag land that's left and exists," he said during a county commission meeting.
Fellow Commissioner Christine Miller said she thinks some of the state legislators who passed the law were aware of what this could bring.
"When (a new development proposal) comes before us, we have no say per the law," she said. "And so I think that this is going to be riddled with holes, and all we can do is try to educate our constituents and make the very best decisions that we can — but unfortunately it's really been taken out of our hands."
"Our powers were preempted, hard stop on this, as a county commission by the state. And it's just really, really disappointing."Hillsborough County Commissioner Christine Miller
Miller said the hands of local officials are being unfairly tied.
"Our powers were preempted, hard stop on this, as a county commission by the state," she said. "And it's just really, really disappointing."
The law is more stringent for areas near Interstate highways. It would allow high-intensity development if adjacent areas allow for similar uses.
The law was proposed by Republican State Sen. Stan McClain of Ocala, who is a home builder.
The law defines an agricultural enclave as an unincorporated, undeveloped parcel that:
- Is owned by a single person or entity.
- Has been in continuous use for bona fide agricultural purposes for 5 years prior to the date of any comprehensive plan amendment application.
- Is surrounded on at least 75% of its perimeter by:
- Existing industrial, commercial, or residential development; or
- Property designated in the local government’s comprehensive plan and land development regulations for future industrial, commercial, or residential development, and at least 75% of property is existing industrial, commercial, or residential development.
- Has public services including water, wastewater, transportation, schools, and recreation facilities available, or such public services are scheduled in the capital improvement element to be provided by the local government or can be provided by an alternative provider of local government infrastructure.
- Does not exceed 1,280 acres, or 4,480 acres if the property is surrounded by existing or authorized residential development with a density buildout of at least 1,000 residents per square mile.
