HomeMy WebLinkAboutR-2021-145 Zoning in Progress to Consider Amendment to LDC to Prioritize Allocation of RAC Dwelling Units and Establish CriteriaRESOLUTION NO.2021-145
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, INVOKING ZONING IN PROGRESS; DECLARING
THAT THE CITY IS CONSIDERING AN AMENDMENT TO ITS LAND
DEVELOPMENT CODE TO PRIORITIZE ALLOCATION OF REGIONAL
ACTIVITY CENTER ("RAC") DWELLING UNITS AND ESTABLISH
CRITERIA; AMENDING SUBPART 1 ENTITLED COMMUNITY
REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICT OF
THE CITY'S LAND DEVELOPMENT CODE (LDC) OF THE CITY OF DANIA
BEACH CODE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach, Florida (the "City")
desires to review its existing Land Development Code (the "LDC") to determine if there is a
need to amend the LDC to prioritize the allocation of Regional Activity Center (RAC) dwelling
units and establish allocation criteria; and
WHEREAS, the City Commission wishes to direct staff to start developing regulations
for Commission review and adoption, as provided in Chapter 28 of the Code of Ordinances of
the City of Dania Beach, at Section 670-10, entitled "Review of Permits and Development
Orders with Regard to Zoning in Progress"; and
WHEREAS, the City wishes to place all parties on notice that it is considering amending
its regulations to prioritize allocation of RAC dwelling units when the level falls below fifteen
percent (15%) of the originally allocated RAC dwelling units, which draft regulations will be
reviewed and modified, as contemplated in this Resolution; and
WHEREAS, adoption of this Resolution is in the best interest of the residents of the City
of Dania Beach, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Recitals. That the above recitals are true and correct and are incorporated
by this reference.
Section 2. Zoning in Progress. That the City declares "zoning in progress" and
directs City staff to immediately review and recommend appropriate amendments to the City's
regulations regarding the proposed prioritization of the allocation of RAC units and allocation
criteria and to recommend whether the adoption of any supplemental zoning regulations are
needed. The proposed amendments to the regulations, which may increase the number of RAC
dwelling units, and the criteria for seeking those units, if adopted, will be used to amend the
City's Code of Ordinances.
Section 3. Timetable. That the period of time for a freeze on permits shall begin on
the earlier of. (1) publication of a notice of a public hearing before the City Commission to
consider a resolution declaring this zoning in progress process; or (2) the Planning and Zoning
Board has held its initial public hearing on a proposed text amendment. This Zoning in
Progress shall be in effect for three months, unless extended by the City Commission as
permitted in Section 9.24.1 of Chapter 28 of the Code of Ordinances of the City of Dania Beach.
Section 4. Permits During Zoning In Progress. That during the period of time that
the City Commission is considering the RAC allocation and criteria as a possible text
amendment to the City's Land Development Code, no permit(s) or development order(s) of
any kind shall be issued if issuance would result in the nonconforming or unlawful use of the
property by proposing to use any existing and remaining allocated RAC units while a text
amendment change is being developed and finally enacted by the City Commission.
Section 5. Public Notice. That a copy of this Resolution shall be posted at City Hall
upon its Effective Date.
Section 6. Effective Date. That this Resolution shall become effective immediately
upon its adoption, but zoning in progress is retroactive to the date of publication of the notice
associated with the City Commission hearing this resolution relating to zoning in progress.
PASSED AND ADOPTED on September 28, 2021.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
141
TTO
2 RESOLUTION #2021-145