Proposed Live Local Act Development Adjacent to Van Dyke Farms (Hillsborough County Folio 2252.0000): the Association will provide timely updates to this page.

 

On Tuesday, September 10, 2024, the Hillsborogh County commission voted unanimously to amend the County's Land Development Code to remove Live Local Act (LLA) proposed developments eligilibility in Planned Development districts like the open hay field adjacent to Van Dyke Farms.  This is great news in at least the short term, and possibly permanently, for those concerned about the LLA proposed development adjacent to Van Dyke Farms.  This project cannot move forward unless the county commission's changes are challenged and overturned, or the Florida legislature approves additional language effectively negating the changes made by the commission.  The Association President did attend and speak in favor of the changes on behalf of the Board of Directors.   The Association also submitted a letter of support into the record (click here).  The entire September 10, 2024, special hearing can be viewed on Hillsborough County TV. 

 

In May, the Van Dyke Farms HOA became aware that the open hay field immediately east of Van Dyke Farms exit to Van Dyke Road was in the process of being sold for development.  Soon thereafter, the Association acquired a copy of a letter dated April 3, 2024, (revised April 4, 2024) authored by Israel Monsanto, an Executive Planner in Hillsborough County’s Community Development Section, Development Services Department.  The letter was a written “Zoning Verification” for a proposed project submitted by Nicole Neugebauer MacInnes, who appears to be representing the Alliance Development Group for Hillsborough County Folio 2252.0000 (2252). 

 

Critically, the letter states: “Based on the request for a 336-unit affordable housing development with a density of up to 25.9 Du/Ac, the project qualifies to be developed on the site pursuant to the Live Local Act (CS/SB 102 Housing), subject to execution of a Subordination Consent and a Land Use Restrictive Agreement (LURA), as approved by the Hillsborough County Board of County Commissioners, and compliance with the development standards of the RMC-16 zoning district and all other applicable Land Development Code site regulations”.  To review the entire April 4, 2024 letter and exhibits (click here).  

 

This proposed development is being undertaken under Florida’s LLA, signed into law in 2023 (Florida Chapter 2023-17) and amended in 2024 (Florida Chapters 2024-158 and 2024-188).  Florida’s LLA received broad based bi-partisan legislative support and supported by the Governor the past two years.  It's designed to address Florida’s “affordable housing crisis” as described by its legislative sponsors.  Interestingly, local officials are now expressing concern over the loss of ad valorem revenue and other issues.  There is a plethora of articles summarizing this legislation on the internet and a review of some of these is recommended for all - just google Florida's LLA.   

 

It's important that everyone realize that the approval process under Florida's LLA, although intended to be streamlined, remains a multi-month process and can approach a year or more in length. The Association is in the process of gathering information, becoming more familiar with the LLA, seeking guidance from our attorneys, and communicating with Hillsborough County’s staff and elected officials.  We are also in contact with the Keystone Civic Association to coordinate our efforts.

 

Also, it is important to note, these type developments provide affordable housing not through the use of the historic federal Section 8 program, where prospective tenants are given rental vouchers based on income.  Instead, rents are made available below fair market value via eliminating or greatly reducing ad valorem taxes paid by the owners of these developments based on certain criteria.  It appears likely that the primary tax benefit being pursued with this proposed development is F.S. 196.1978(3)(d)1, which states:  "Qualified property used to house natural persons or families whose annual income is greater than 80 percent but not more than 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county in which the person or family resides, must receive an ad valorem tax exemption of 75 percent of the assessed value."  As Folio 2252 is within Odessa (the Lutz-Odessa boundary line is Tobacco Road) and Odessa is designated a metropolitan statistical area, the median annual adjusted gross income per household to be used for the project appears to be $96,444 as of June 2024.  However, it is common for projects in the Hillsborough County to use the Tampa, St. Petersburg, Clearwater Metropolitan Statistical Area (click here to review emails on this issue). If the latter metropolitan statistical area is used, the median annual adjusted gross income per household for this project should be $95,500 (click here).

 

When coupled with the critical provision F.S. 125.01055(7)(a) of Florida's LLA, which starts: "A county must authorize multi-family and mixed use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental developments are for a period of at least 30 years, affordable is defined in F.S. 420.0004" it appears to yield the following.   The proposed development of Folio 2252 with its 336 proposed units could result in 40 percent or more of the units being priced and rented somewhere between $1,928.88 per month ($96,444 times 80 percent times 30 percent (income of a housedhold dedicated towards housing, see F.S. 420.004) divided by twelve for months of the year) to $2,893 per month ($96,444 times 120 percent times 30 percent (income of a household dedicated towards housing, see F.S. 420.004) divided by twelve for months of the year).  The rest of the dwelling units could then be rented out or possibly sold at rates determined by the owner.  PLEASE NOTE THESE NUMBERS ARE FOR BALLPARK DISCUSSION ONLY AND WILL BE FINALIZED AS THE REVIEW PROCESS CONTINUES BY THE APPROPRIATE, FEDERAL, STATE AND LOCAL OFFICIALS.  

 

A number of concerns have been raised by Van Dyke Farms homeowners relative to the development of Folio 2252.  Of course, most would like to see the property remain as is - something that may not be achievable.  More practically, members have asked the HOA to coordinate with the Keystone Civic Association and others, to work with local and state officials to develop more compatible land use.  This is being done and there's been substantial progress. 

 

For instance, Hillsborough County BOCC plans to "Adopt a resolution by supermajority vote electing to not exempt properties eligible for the property tax exemption for multifamily units serving househoulds with income greater than 80 percent but not more than 120 percent of the mediam annual adjusted gross income, as authorized by Section 196.1978(3)(o), Florida Statutes" at its July 17, 2024, meeting.  This may greatly reduce the attractiveness of this type development on this parcel. 

 

Additionally, there is an advisory opinion from Teresa Mussetto, Senior Assistant Attorney General for Florida dated July 20, 2023, that offers an additional potential avenue for a county not to approve an application for a LLA development within Planned Developments (click here).  Orange County has also adopted a policy of declaring affordable housing developments in Planned Development Districts ineligible for approval under the LLA. 

 

Based on these and other developments, at its July 9, 2024 Hillsborough County BOCC Land Use Meeting, Hillsborough County Commission Chair Ken Hagan made a motion at the Board of County Commission's (BOCC) July 9 Land Use Meeting stating (paraphrased) in light of an earlier motion, unanimously approved, to schedule public hearings on August 8 and September 10, 2024, to amend the County's Land Development Code to remove LLA proposed developments eligibility in Planned Development Districts, and while these deliberations are proceeding, to declare a "Zoning in Progress".  This declaration would cease any action by staff to review or issue a zoning verification letter from a LLA applicant, start or continue the development of a Land Use Restriction Agreement discussions with an LLA applicant that may have aready secured a zoning verification letter, or start the permitting process for a site development review, the third and final step in the approval process.  The motion was unanimously approved.  Please note: there are two projects already in the site development review process in Hillsborough County that will continue, one in Valrico and on Anderson Road.  
 
This is great news in the short term, and possibly permanently, for those concerned about the LLA development adjacent to Van Dyke Farms that has already received zoning verification but no Land Use Restriction Agreement or Site Development Plan.  In essence, the BOCC action to "Declare a Zoning in Progress" has "frozen" any further review and approval by county staff until the BOCC complete there review and likely amends its Land Use Development Code. 
 
As noted by commissioners at the July 9 meeting, there continues to be differing opinions statewide whether counties can declare that Planned Development Districts are ineligible for LLA projects.  Ultimately, the issue will likely be settled by the legislature or courts.  So, although this latest action temporarily freezes the process, it may or may not be a permanent fix.  The Van Dyke Farms HOA has conveyed to the BOCC, directly to its Chair, that the Association fully supports the permanently excluding Planned Development District's from LLA eligibility.  
 
Please go to youtube.com/watch?v=N9if6W-Qfwc to watch the entire BOCC July 9 discussion.  The applicable discussions are from 1.32.00 to 1.54.00 on the video.  
 
Also, the BOCC has scheduled a public hearing for 6 PM on August 8 and on the morning of September 10 to further discuss the proposed Land Use Code changes.  At the August 8, 2024, the Hillsborogh County commission held the first of at least two Land Use Meetings to revise the county’s Land Development Code (LDC) to update the Live Local Act (LLA) provisions recently adopted in the LDC (click here for agenda package). The amendments will specifically exempt land zoned Planned Developments (PDs) from qualifying for LLA projects. Additionally, the requirements for a project to qualify under the Live Local Act in Hillsborough County are being modified to remove specific criteria otherwise addressed in state law.  About a dozen citizens, including Bobby Anderson, regional manager for Alliance Residential, the developer planning the Live Local Act development adjacent to Van Dyke Farms, and Nicole McKinnis of Stearns, Weaver and Miller, who submitted the Zoning Verification request to Hillsborough County on behalf of Alliance Residential, provided comments at the August 8 hearing.  All but one of these citizens spoke against the proposed measure due affordable housing needs and existing rights by land owners of Planned Developments. One issue discussed was a new (click here) informal Attorney General opinion dated July 12, 2024, that may be in conflict with the prior July 25, 2023, informal Attorney General opinion.  It’s probable that this issue will be resolved in next spring’s legislative session or through litigation.  The county commission will hold its second and possible final special hearing on the proposed amendments on September 10, 2024.  The Board of Directors will have at least one board member attend to provide comments.  The entire August 8, 2024, special hearing can be viewed on Hillsborough County TV. 
 
Please go to youtube.com/watch?v=NRRpo?OVcP8 to watch the entire BOCC August 8 discussion.  The applicable discussions are from 1.21.00 to 2.00.30 on the video.  

 

Relative to the proposed development, as stated in the April 4, 2024, letter, Hillsborough County staff has determined that it qualifies to be four stories high based on F.S. 125.01055(7)(c).  Specifically, there is a development (PD 17-0795) that was approved in 2017 to have a maximum of 369 dwelling units with an approved height of up to 60 feet or 4 stories for residential purposes, and because this development is within one mile of Folio 2252 the four story requirement is met (see distance from Avea Pointe (PD 17-0795) to Folio 2252).  This development, known as Avea Pointe, has since been developed by Mattany Homes on the south side of Van Dyke Road and west of Lakeshore Drive.  Interestingly, although this development was approved to be 4 stories, it was built to only two stories.  However, Hillsborough County has determined the relavent language, as it applies to the development of Folio 2252 under the Florida's LL0, is that it was "approved" to be 60 feet or 4 stories.

 

Although the county's staff agreed the proposed development of Folio 2252 is eligible to be four stories in its April 4, 2024, zoning verification notice, amendments to the LLA were subsequently signed into law May 7, 2024 and became effective on July 1, 2024.  These amendments may impact the maximum height of this proposed development, if it does move forward.  Specifically, F.S, 125.01055(d)2: "If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use which is within a single-family residential development with at least 25 contiguous single-family homes, the county may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the county's land development regulations, or 3 stories, whichever is higher.  For the purposes of this paragraph, the term "adjacent to" means those properties sharing more than one point of a property line, but does not include properties separated by a public road."

 

If this project ultimately moves forward, there appears to be an opportunity to utilize this amendment to reduce the approved heigth of the development on Folio 2252 to three stories.  This photo demonstrates that there are multiple single-family homes that adjoin Folio 2252, at least four on the west and at least six on the south.  Additionally, these single-family homes are a part of the Van Dyke Farms neighborhood that has more than 400 contiguous single-family homes.  At its June 27 HOA meeting, the Board voted to vigourously pursue the use of this new provision to lower the allowable hieght, if this proposed development ultimately moves forward.  In fact, based on the two-story height of Lake Carlton Arms (1,912 units)  Avea Point, (over 300 units), the Preserve of Lakeshore (over 100 units), and the many single or two-story nearby residential subdivisions, including Van Dyke Farms, the Association would request the county limit any unit/building to two stories.  

 

Another concern, if this project ultimately moves forward, is the amount of buffering between the proposed development, if built, and the east side of Van Dyke Farms Boulevard near the Van Dyke Road exit.  Part of this concern was addressed with the signing of an easement between Van Dyke Farms, Inc., the private entity that may still own Folio 2252 and the Van Dyke Farms HOA (click here).  The HOA's boundary with Folio 2252 prior to this easement did not included the HOA's east Monument at the Van Dyke Road exit or part of the sidewalk on the east side of Van Dyke Farms Boulevard near the Van Dyke Road east exit.  This easement cured that lack of control.  Any further buffer discussions with the developer will begin with activity east of this easement. 

 

At its June 27th meeting, the Board also voted to ensure we had our own survey of the boundary of the Van Dyke Farms Subdivision boundary with Folio 2252, and approved seeking a legal opinion as to whether there is an opportunity for adverse possession up to the area immediately east of the hedge that currently appears on the owners of Folio 2252. There was a fence located just east of the hedge and Van Dyke Farms HOA has maintained the hedge for decades.  Both of these initiatives were put on hold until Hillsborough County completes its Land Use Code review.   

 

Finally, if this land is ultimately developed, it will most likely need one or more stormwater treatment ponds such as the ones in Van Dyke Farms or Avea Pointe.  A review of this photo demonstrates that it may be desirable to locate one of the ponds adjacent to the Van Dyke Farms Common Area Property near the community's east exit to Van Dyke Road.  This would mimic a pond on the west side of the Van Dyke Road exit.  A review of the topographic map at the time of Van Dyke Farms development dated January 1989, indicates that the topography may well be suitable for the location of such a pond.