CITY OF HALLANDALE BEACH

MEMORANDUM

CM07-252

 

 

DATE:             July 5, 2007

 

TO:                  Honorable Mayor and City Commission

 

FROM:            D. Mike Good, City Manager

 

SUBJECT:     Discussion of the Moratorium Ordinance – CAD #027/07

 

_________________________________________________________ ___________

 

PURPOSE:

 

Discuss the moratorium ordinance and request further clarification from the City Commission as to their understanding of the intent of said ordinance.

 

BACKGROUND:

 

During the June 20, 2007 Commission meeting, the City Commission considered and adopted on First reading an Ordinance imposing a six-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.  Furthermore, after discussion of which Major Development Projects could or could not be allowed to proceed under the Moratorium, the City Commission directed staff to further research the subject and bring back recommendations.

 

DISCUSSION:

 

After City Commission’s discussion of the subject ordinance, it was staff’s interpretation that projects that would not be affected by the moratorium ordinance included the following:

 

  1. Major Development projects already approved by the City Commission.
  2. Major Development projects that have been submitted for review as of June 20, 2007, and that had been through the Development Review Committee (DRC) process.

 

In speaking to the Commissioners, I have received differing opinions of what each one understands the intent of the moratorium should be.  Therefore, I want to ensure that we have a clear understanding of the Commission’s intent prior to Second Reading of the subject ordinance.

 

There are three options the City Commission should consider when deciding which projects should not be affected by the Moratorium Ordinance:

 

OPTION 1:

 

As previously recommended by staff, Major Development applications that are pursuant to a previously approved development agreement or that have had DRC review as of June 20, 2007 and been issued comments, would be the only exemptions in the proposed ordinance.  Furthermore, it continues to be staff’s recommendation that the processing of plat, rezoning and land use plan applications also be subject to the six-month moratorium.  Should staff’s recommendations be approved by the Commission, not only would we have the (7) Major Development Projects already approved by the City Commission, but there would also be five (5) Major Developments authorized to proceed.  These, when added to the seven Major Developments approved by the Commission, total 12 Major Developments that will not be affected by the Moratorium Ordinance, representing the development of approximately:

 

 

OPTION 2:

 

Six (6) Major Development Projects have been filed as of June 20, 2007 and have not been through the Development Review (DRC) process.  Should the Moratorium Ordinance provide for these projects to proceed, these six (6) projects would be added to the 12 projects already authorized to proceed under Option 1, for a total of 18 Major Development projects authorized to proceed without the guidance of the City-Wide Master Plan.  This would represent the development of approximately:

 

 

OPTION 3:

 

Furthermore, should the Major Development applications (7 projects) that are “pending submittal” and that have had major discussions with staff, be allowed to proceed, the development that would proceed without the guidance of the City-Wide Master Plan would amount to 25 Major Development projects and would represent the development of approximately:

 

 

** It should be noted that these figures do not include the redevelopment of Mardi Gras.

 

RECOMMENDATION:

 

Given the magnitude and key locations of the aforementioned developments, coupled with the fact that we are going to be working diligently to complete the City-Wide Master Plan in six months, now more than ever is an appropriate time for a moratorium.

 

Quite frankly, the City is at a crossroads and over the next six months we will be setting the path that will chart the course as to how the City will develop in the future; this, in addition to finalizing a Master Transportation Plan for the City.  As we move forward with these Master Plans and build off of the synergy created by the redevelopment of the City’s two pari-mutuel facilities, the City would be concerned if we allow the additional development to proceed without ensuring that we are meeting all the goals and objectives for our citizens.  If these developments are permitted to bypass our City-Wide Master Plan, it is my opinion that we will miss the opportunity of ensuring that the City’s Mission, Goals and Objectives are met and that the planning effort that the City and its citizens are undertaking would have limited impact on how the City would be developed.

 

As previously recommended, the exemptions to the moratorium that relate to Major Development applications should only be those that are pursuant to a previously approved development agreement or have had DRC review and been issued comments as of June 20, 2007.  This temporary action will allow our Department to properly focus on the Master Plan.  Rather than allow these projects to proceed, it is our recommendation that these developers work with us through the completion of the Master Plan as constituents and see this as an opportunity rather than an obstacle to their development.  

 

 

 

 

_________________________

D. Mike Good

City Manager

 

 

DMG/rdc/cd/nmr

CM07-252