Title
A Presentation By Jaye Epstein, Director Of Planning, Regarding Rezoning Options For State Road 7 (15-INFO-05)
Body
Staff Recommends: Informational
Explanation:
On December 17, 2014 the City Commission established a goal to initiate the creation of zoning regulations compatible with Criteria and Design Guidelines Principles of the Transit Oriented Corridor (TOC) Land Use designation of State Road 7 (SR7). Some of the Criteria and Guidelines include requiring the corridor, as a whole, to be developed incorporating residential as a principal component, at-least two non-residential uses and discourage auto oriented uses, unless designed to encourage pedestrian and transit usage. "The major purposes of this designation is to facilitate multi-use and mixed-use development, encourage mass transit, reduce the need for automobile travel, provide incentives for quality development and give definition to the urban form."
Formulating zoning regulations to better complement the TOC designation is anticipated to take approximately six months (once a consultant is selected), which will include community outreach, site visits and several meetings, including Public Hearings. At this time, Staff requested the four (4) consultants approved by the City Commission (RFP 4429-14-IS) provide proposals to:
-evaluate permitted and prohibited uses
-expand the commercial corridor and create mixed use zoning districts
-develop zoning regulations and design standards which effectively implement the Transit Oriented Corridor
As such, on January 7, 2015 the City Commission expressed concerns regarding the possibility of new development taking place prior to establishing new zoning regulations. The concern, should this happen, is that the new development will NOT be mandated to be compatible with the criteria and guidelines of the TOC Land Use designation, as the existing zoning has not been updated to fully implement the TOC Land Use.
Although the corridor is in the initial construction stages of being widened and incorporating sewer, which will take several years to complete, the City Commission may or may not desire to address the possibility of this concern today. As such, there are three options to consider:
1. Building Moratorium
2. Zoning In Progress (ZIP): Now: Identify Desirable Characteristics
3. Zoning In Progress (ZIP): Complete Regulations
1. BUILDING MORATORIUM
A Building Moratorium is typically intended to STOP any type of development and development approvals from taking place while a study is conducted to develop new regulations. A moratorium usually concludes with the establishment of a Zoning In Progress.
A Building Moratorium generally affects a specified area for a specific period of time, whereby ALL types of Building Permits are NOT issued, unless the permit is for a non-deleterious item, such as repairs and maintenance. During the established timeframe for a Building Moratorium NO Development Orders (Building Permits/Board approvals) shall be considered.
For the City Commission to determine if a Building Moratorium is appropriate-for SR7- a determination would have to be made that, "it is in the public interest to make a comprehensive determination as to whether existing zoning districts and regulations applying to a portion of the area of the city are appropriate, and it further appears that the said existing zoning districts and regulations may be detrimental to the said area, using the criteria set forth herein." The Criteria and Guidelines (1-10), include but are not limited to inadequate wastewater collection and/or treatment, improper land use distribution or any other factor which has a deleterious effect on the quality of life for the residents of the area. Attachment B outlines the process, for establishing a Building Moratorium, which would require a recommendation from the City's Local Planning Agency (Planning and Development Board).
2. ZONING IN PROGRESS (ZIP): Now: Identify Desirable Characteristics
A Zoning In Progress (ZIP) is established by advertising an upcoming meeting date where the Planning and Development Board will consider proposed regulations. However, the regulations shall be in draft form at time of advertising. It is not uncommon for a meeting date to be established up to six months in the future, while regulations are being fully developed.
A ZIP generally affects a specified area for a specific period of time. A ZIP, unlike a Moratorium, does not stop the City from accepting and granting Development Orders, as long as the Development Order is consistent with the stricter regulation (existing vs. proposed).
Should the City Commission determine a ZIP is appropriate, preliminary zoning regulations would need to be created to address the City Commission's concerns. Preliminary proposed regulations the City Commission may consider to include are:
- affecting either ALL the commercial zoning districts or SOME of Commercial Zoning Districts subject to the Development Review Process (Attachment B)
-properties of one or more acres must include:
- residential
- at-least two non-residential uses
With this scenario Certificates of Use for code compliant uses within existing structures, Building Permits associated with existing buildings and projects that have initiated the Development Review Process (i.e. The Place at Hollywood and Hollywood Honda) would continue to be processed. Projects that have NOT initiated the Development Review Process would be subject to the ZIP (i.e. Toyota of Hollywood).
3. ZONING IN PROGRESS (ZIP): Complete Regulations
Should the City Commission determine not to initiate a Building Moratorium or a Zoning in Progress ALL Development Orders will continue to be issued, as they are today. Staff will also continue creating zoning regulations compatible with principles of the TOC designation of SR7. By natural course of events a ZIP will likely be established in the upcoming months.
In conclusion, the City Commission shall determine which of the aforementioned options best suites the City, at this time. Once the City Commission determines which option, Staff will take necessary action to implement the City Commission's direction.
Recommended for inclusion on the agenda by:
Wazir Ishmael, Ph.D., City Manager
Jaye M. Epstein, AICP, Director, Department of Planning