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Safety Harbor tables administrative procedures implementing FloridaLive Local Act after commissioners demand more notice and review time

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Summary

The City Commission discussed and directed staff to revise administrative procedures for Live Local Act review to add clearer public-notice steps and a delay window before city manager action; the item was tabled to the June 16 meeting for revisions and legal review.

The City Commission of the City of Safety Harbor on May 19 moved to delay adoption of administrative procedures implementing the state's Live Local Act, directing staff to add stronger notice and timing provisions and return the item to the June 16 meeting.

Community Development Director Carol Strickland told commissioners the procedures implement the city's November 2024 ordinance (Ordinance 2024-15) and outline an administrative review process for eligible mixed-use affordable housing projects, including three points for public notification: when a formal site plan application is filed, when the community development director forwards recommendations to the city manager, and when the city manager takes action. "The act also requires that we maintain those administrative approval procedures on the website so that those are available to the public," Strickland said in her presentation.

Commissioners raised constitutional and home-rule concerns when residents and developers could seek administrative approvals without a public hearing before the commission. Several commissioners said they supported notice but opposed removing elected oversight. "I cannot vote for this. I cannot support this," Commissioner Burnett said, arguing the statute bypasses the governing body and the community. Vice Mayor Diaz and other commissioners proposed adding measures that would give the commission time to review any application before the city manager issues a final administrative approval.

City attorney Sarah Kisic and staff said the statute requires administrative approval where an application meets the Live Local Act's eligibility criteria; however, staff proposed adding explicit notification steps and a short waiting period before the city manager finalizes approval so the commission can consider whether to seek legal counsel or other action if warranted. Strickland explained developers must submit a land use restriction agreement to record affordability commitments before vertical permits are issued.

After extended debate about possible legal challenges, public outreach, and whether to encourage developers to enter development agreements, the commission directed staff to revise the resolution and procedures to add specified timing windows and strongly encourage public outreach and development agreements. The item was continued to the June 16 meeting to return with revised language and legal input.

The commission did not take a final vote on the resolution. The staff recommendation to post procedures does not alter the statutory requirement that qualifying projects be administratively reviewed; the revision aims to increase transparency and give the commission a discrete window to respond to controversial projects.

What happens next: staff will work with the city attorney to draft revised procedures that include a explicit notice timeline and language encouraging applicant outreach and development agreements; the item will be noticed and returned to the commission on June 16 for further action.