CITY OF HALLANDALE BEACH

MEMORANDUM

 

 

DATE:             February 22, 2008

 

TO:                 D. Mike Good, City Manager  

 

FROM:            Richard D. Cannone, Development Services Director

 

SUBJECT:     Consideration of a 6 month Moratorium Ordinance CAD#027/07

 

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 (March 19, 2008 to September 19, 2008).

 

BACKGROUND:

 

Based on the fact that the City’s Building moratorium expired on February 1, 2008; the City Commission at their February 20, 2008 meeting unanimously recommended that an additional  six month city-wide moratorium be put in place and that the Ordinance be brought back immediately for First Reading. The City Manager was directed to initiate a six (6) month moratorium under the same conditions as the first 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 which are in their final stages. 

 

DISCUSSION

 

As the Citywide Master Plan and Implementation Strategy and Citywide Traffic and Transportation Analysis are brought to completion the City Commission will be required to adopt policies and ordinances regarding affordable housing and land use development.  Furthermore, as the City desires to develop and implement its Green Building (LEED) Ordinance, this time period will allow Staff the appropriate time to research, develop and implement ordinances as necessary. 

 

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. Staff would like to note that this ordinance is almost identical to that Moratorium Ordinance that was adopted on August 1, 2007; no substantive changes have been made.

 

The Planning and Zoning Board recommended approval of this item at the February 27, 2008 meeting.

 

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:

 

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

 

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

 

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

 

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

 

  1. 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 any development on City owned property; and

 

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

 

  1. Major Development and related companion applications that have been filed with the Development Services Department on or before March 19, 2008.  A list of such development is attached as Exhibit “A;” and

 

  1. Any development whereby the City is a development partner; and

 

  1. Any housing development that is Workforce and/or Affordable; and

 

  1. Any development related to an approved development agreement; and

 

  1. 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

 

  1. 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

 

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

 

  1. Major Developments and related companion applications that have had a pre-application with city staff on or before June 20, 2007.  A non-exclusive list of such major developments is attached as Exhibit “B;” and

 

  1. Major Developments and related companion applications within the boundary of a pari-mutuel facility; and

 

  1. Platting applications.

 

RECOMMENDATION:


Staff recommends approval for the attached moratorium Ordinance on First Reading and to set Second Reading for March 19, 2008.

 

Reviewed:

   

____________________________                                                    _______                     

D. Mike Good, City Manager                                                                 Date

  

_____Approved                _____Disapproved                _____Hold for Discussion

 

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