City of Palmetto to Discuss Proposal for Increased Density in Coastal High Hazard Areas

PALMETTO — The Palmetto City Commission is moving forward with holding workshop discussions to consider a comprehensive plan text amendment that would amend city code to allow for greater density and intensity in Coastal High-Hazard Areas within city limits. The first workshop discussion is scheduled for Monday, April 7 at 4:30 p.m.

Last month, the city commission heard a staff presentation on proposed Ordinance No. 2025-03, which, if approved, would enact the comp plan text amendment.

In Florida, a Coastal High Hazard Area (CHHA) is an area particularly vulnerable to coastal flooding from hurricanes. For development projects, this often means stricter regulations and potential limitations on development types and density. The City of Palmetto’s comp plan currently limits density within the CHHA to 10 units per acre.

Commissioners were explained the multi-part process for amending the city’s comprehensive plan, beginning with seeking approval to move the initiative forward for workshop discussions and the scheduling of two required public hearings.

According to staff, the first public hearing, which would transmit the text amendment to the state for review, is unlikely to be held before April 21.

Palmetto isn’t the only city reviewing and considering changes to development regulations for CHHA. In February, the Bradenton City Council unanimously approved the transmittal of a comp plan text amendment for CHHA parcels under its jurisdiction.

Should the measure be adopted during its second public hearing—a date yet to be determined—it would amend the City of Bradenton’s comp plan to allow for more density/intensity within these coastal areas.

In the City of Bradenton, the comp plan changes to the CHHA policies were initiated by an outside applicant, Westminster Communities of Florida, who is seeking the change to make way for the potential approval of a redevelopment plan for the expansion of Westminster’s Point Pleasant retirement and assisted living community.

Based on the Palmetto City Commission’s meeting minutes and audio of the Mar. 10 workshop, its initiative to consider amending its comp plan for CHHA was city-initiated. However, during the related workshop discussion, reference was made to “some of the people currently proposing projects” who could not move forward with their development requests if the changes were not made. No specific applicants or project locations were named.

In both cities, Florida Statutes, Section 163.3178, was cited as providing the local governments with the legal authority to consider amendments to allow for CHHA density increases. 

In 2011, the Florida Legislature amended this section to allow local comprehensive planning regulations concerning mitigation for CHHA to be at the discretion of local governments. Specifically, local regulations can allow for additional density and/or intensity if certain criteria can be met either by the applicant or at the community level.

The agenda attachment for the Palmetto City Commission’s March workshop meeting summarized the statutory criteria as the following:

1. The adopted level of service for out-of-county hurricane evacuation is maintained for a category 5 storm event as measured on the Saffir-Simpson scale; or
   
   
2. A 12-hour evacuation time to shelter is maintained for a category 5 storm event as measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by a proposed comprehensive plan amendment available; or
   
   
3. Appropriate mitigation is provided that will satisfy subparagraph 1. or subparagraph 2. Appropriate mitigation shall include, without limitation, payment of money, contribution of land, and construction of hurricane shelters and transportation facilities. Required mitigation may not exceed the amount required for a developer to accommodate impacts reasonably attributable to development. A local government and a developer shall enter into a binding agreement to memorialize the mitigation plan.

Palmetto City attorney Mark Barneby acknowledged that some of the criteria may be challenging for development applicants to meet.

Following the presentation, some commissioners expressed apprehension about the proposal. Among the concerns raised were questions regarding the vagueness of the statutory criteria as well as the compatibility of increased density in Palmetto’s CHHA given the city’s topography.

Commissioner Tamara Cornwell pointed out that the city’s elevation level is such that even district schools within the city’s jurisdiction are precluded from serving as shelters during hurricane evacuations.

Commissioner Scott Whitaker highlighted that the onus to meet one or more of the statutory criteria, including evacuation and mitigation plans, would be the responsibility of the developer.

Commissioner Brian Williams expressed frustration with the lack of information and preparedness he felt he received before the meeting or from the presentation. He suggested that commissioners should be more adequately prepared before being asked to support complex proposals.

Later, during the same day’s regular commission meeting, when a motion was made to move the proposal forward, Williams questioned whether the item should be “tabled” until after the workshops are held to allow time for information gathering.

City Clerk Jim Freeman reiterated that by voting to approve the measure moving forward, three workshop discussions would be scheduled for further discussion and public input. In addition, the proposal would need to go before the city’s planning and zoning board for a recommendation, and the two required public hearings—one approving transmittal to the state and one for adoption—would also need to be held.

Following the reassurances, the commission voted 5-0 to approve moving the proposal forward.

The first workshop discussion will be held on Monday, April 7. Click here to access the meeting agenda.

To access meeting minutes from the Mar. 10, 2025 workshop and commission meeting where the initial presentation and first reading were undertaken, click here and here.