CITY OF HALLANDALE BEACH

MEMORANDUM

DATE: June 5, 2007

TO:                  D. Mike Good, City Manager  

FROM:            Richard D. Cannone, Development Services Director

SUBJECT:     Consideration of a Moratorium Ordinance 

PURPOSE:

To impose a city-wide moratorium on the issuance of Development Orders, Permits and the processing of new Major Development applications, Land Use Plan and Zoning Amendments for a period of six months.

BACKGROUND:

The City Commission at their May 4, 2007 City Commission Special Meeting directed the City Manager to initiate a six (6) month moratorium to ensure that increased development pressures are addressed and associated impacts are properly mitigated in order to protect the health, welfare and safety of existing and future City residents.  To ensure development within the City takes into consideration the best interests of our community, the City Commission directed the City Manager to complete a City-wide Master Plan and Implementation Strategy, finalize the City-wide Traffic and Transportation Analysis and address concerns related to water and sewer capacity.

DISCUSSION

The attached Ordinance will impose a six (6) month moratorium on the acceptance or processing of applications for land use plan and zoning amendments, and the issuance of Development Orders and Permits for Major Development applications. 

The term "Development Order" means any order granting, denying, or granting with conditions an application for a Development Permit; and the term "Development Permit" includes any land use plan amendments, building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

Section 32-782(a)(2) of the City’s Zoning Code defines  Major Developments as, “those which contain ten residential dwelling units or more, or 4,000 square feet of nonresidential gross floor area or more and shall be subject to review by staff and the planning and zoning board, and review and approval by the city commission.”  As such, the moratorium will not affect any existing structures (commercial or residential) that seek interior or exterior improvements, or any new development which meets the definition of Minor Development.  Section 30-782(a)(1) defines Minor Development as  “those which contain less than ten residential dwelling units, or less than 4,000 square feet of nonresidential gross floor area”.

The moratorium also includes provisions for a vested rights determination, as well as a provision for the City Commission to grant a waiver.  Both a vested rights determination and waiver will require a public hearing with the City Commission and must be based upon substantial and competent evidence.

The moratorium provides exemptions for Minor Development as defined in Section 32-782(a)(1) that does not increase the intensity or density of development or adversely impact traffic conditions or public facilities and services, including but not limited to such development as:

a. The construction, renovation or improvement of individual single family homes; and

b. The construction, renovation or improvement of multifamily, commercial, retail or office space within the confines of existing buildings; and

c. Façade and roof improvements and interior buildouts of existing structures; and

d. Replacement of mobile homes within a mobile home park, pursuant to Section 723.041(4), Florida Statutes; and

e. The construction, renovation or improvement of non-habitable structures, including fences, billboards, swimming pools, poles, transmission lines, advertising signs, cable television or telecommunication facilities and the like.

In addition, the moratorium provides further exemptions for the following categories of Development Orders and Permits:

1. Any infrastructure or public facilities and services which is required to be provided by any government entity; and

2. Major Development applications that have been approved by the City Commission as of the effective date of this ordinance and related companion applications; and

3. Major Development and related companion applications that have been formally reviewed and issued comments by the City’s Development Review Committee (DRC) as of the June 20, 2007.  A list of such development is attached as Exhibit “A of the attached ordinance;” and

4. Any development pursuant to a development agreement which is protected from a change in municipal ordinances to the extent provided by Section 163.3233, Florida Statutes, prior to the effective date of this Ordinance; and

5. Improvements authorized by administratively approved amendments to site plans referenced in paragraph (2) above, so long as said improvements do not increase the intensity or density of development,   adversely impact traffic conditions or increase the demand for water and sewer capacity; and

6. The construction, renovation or improvement of recreational facilities, restaurants, lounges, clubhouses or health and fitness spas, which constitute lawful accessory uses designed to serve existing multi-family buildings; and

7. The reconstruction of marinas and dry dock storage facilities.

RECOMMENDATION:

It is recommended that the attached moratorium Ordinance be approved on First Reading and, upon recommendation by the Planning and Zoning Board at their June 27, 2007 meeting, be placed on the agenda for Second Reading/Adoption at the August 1, 2007 Commission meeting.

Reviewed:

_______________________________                                                          __________

D. Mike Good, City Manager                                                                             Date

_____Approved                _____Disapproved                _____Hold for Discussion