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Planning Commission approves removing public‑access requirement from ‘Planned Environmental Community’ policy after DEP objects

2113034 · January 14, 2025
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Summary

Commission staff recommended — and commissioners found consistent — a privately initiated text amendment deleting Policy 47.18 (a public‑access requirement) from the Planned Environmental Community future land use category following Florida DEP park planning concerns about impacts to the Hillsborough River State Park.

Melissa Linehard presented HCCPA 24‑32, a privately initiated text amendment seeking deletion of Policy 47.18 in the future land use element for the Planned Environmental Community (PEC) 1/2 category. The PEC category applies to roughly 1,954 acres west of U.S. 301 near the Pasco County border and was adopted to allow increased density in rural areas that can be served by public utilities while providing environmental protections.

Policy 47.18, as written, required planned developments in the PEC category to provide public access to portions of a regional resource (with only limited exceptions). Linehard said the applicant requested deletion of the policy after the Florida Department of Environmental Protection’s Office of Park Planning advised that an overlook or new public access point in the specific location would damage the unbroken floodplain forest and create unregulated access concerns along the north side of the Hillsborough River near US‑301. The DEP’s July 11, 2024 letter (submitted with the application) said viewing access already exists in the state park and that additional viewing points along the north side of the river were not recommended.

Linehard summarized agency reviews and noted no objections from other reviewing agencies; Hillsborough County Community and Infrastructure Planning staff encouraged exploring feasible connections to regional resources but said the applicant’s deletion request is acceptable given the DEP position. Staff found the proposed deletion consistent with multiple comprehensive plan policies prioritizing avoidance of environmental impacts and public safety and recommended approval.

No applicant presentation was required; the applicant’s counsel stated the amendment was filed because the park service opposed the access requirement and said future trail or connectivity requests, if any, would be handled through site development and zoning review.

Commissioner Kona moved, Commissioner Buza seconded, and the commission found HCCPA 24‑32 consistent and approved the deletion unanimously. The commission record includes the DEP letter and agency comments stating safety and environmental protection as the rationale for deletion.