HomeMy WebLinkAboutR-2023-136 Invoking Zoning in Progress Declaring Amendment to LDC for Live Local StatuteRESOLUTION NO.2023- U
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 ESTABLISH CRITERIA TO IMPLEMENT LIVE
LOCAL, FOR THE IMPLEMENTATION OF REGULATIONS RELATING TO
FLORIDA STATUTES 420.50872, WHICH ZONING IN PROGRESS SHALL
BE APPLIED TO THE CITY'S COMMERCIAL, INDUSTRIAL OR MIXED
USE ZONING DISTRICTS; 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") in order to implement the
requirements of the "Live Local" statute, Florida Statute Section 420.50872; and
WHEREAS, the City Commission directs 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 desires to place all parties on notice that it is considering amending
its regulations to ensure the ability to implement Florida Statutes Section 420.50872, as
contemplated in this Resolution; and
WHEREAS, this zoning in progress relates to the city's Commercial Zoning Districts,
Industrial Zoning Districts, and Mixed Use Zoning Districts as it relates to multifamily
residential construction, with affordable housing as provided under the Live Local Statute to
develop setbacks, construction standards, etc.; 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 implement the requirements of the "Live Local" statute, Florida Statute
Section 420.50872 and to recommend whether the adoption of any supplemental zoning
regulations are needed.
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 as a possible text amendments to provide for
implementation of the Live Local Statute within 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 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 rell ting to zoning in progress.
PASSED AND ADOPTED on6cw2y 14 , 2023.
FINAL VOTE ON ADOPTION:
Commissioner Joyce L. Davis
Commissioner Tamara James \jes
Commissioner Marco Salvino=
Vice Mayor Lori Lewellen �I-S
Mayor Archibald J. Ryan IV
SIGNATURE PAGE TO FOLLOW
2 RESOLUTION #2023—ac.JW
AT E T:
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ELORAAdEU, MMC .f�q ,ycP� ARCHIBAL J. RYAN IV
CITY CLERK e[►SHE® MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
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EV B UTSIS
CI ATTORNEY
RESOLUTION #2023-13(e-