The purpose of this Ordinance is to request authorization to toll the current Moratorium previously enacted by Ordinance No. 4133 and extended by Ordinance No. 4141 for the period remaining on the Moratorium from April 1, 2020, when Governor DeSantis enacted Executive Order 20-91 directing all citizens of the State of Florida to limit their movements and remain at home in response to the public health emergency of COVID-19 for the duration of Executive Order 20-19, including any modifications or extensions thereof by Governor DeSantis as to the filing, receiving or processing of any application or permit associated with lands having a special preservation future land use designation, in whole or in part, including submerged lands and uplands, or lands defined as wetlands or a wetlands preservation area within Chapter 23, Article III, of the City’s Code of Ordinances, in order to review, amend and develop codes and land development regulations associated with the City’s Comprehensive Plan and the Special Preservation Future Land Use Designation, along with codes for coastal construction and wetlands preservation, in order to protect and conserve the City’s natural resources.
On April 17, 2019, City staff received a City Council directive to draft a moratorium associated with development of the area located west of North Ocean Drive and north of Pine Point Road, having a Special Preservation Future Land Use designation, for future City Council review and consideration, in order to better protect and conserve the City’s natural resources.
Multiple Elements, Goals, Objectives and Policies of the City’s Comprehensive Plan, including but not limited to the Future Land Use Element, the Conservation Element and the Coastal Management Element, are applicable to the submerged land area and uplands located west of North Ocean Drive and north of Pine Point Road.
Goal 1, Objective 1.1 of the Conservation Element of the City’s Comprehensive Plan states that, the City shall continue to implement, revise, maintain and adopt new codes, ordinances and regulations as necessary, to protect and conserve the City’s natural resources including, Air; Beaches and shores; Fisheries; Native plant and animal communities and ecosystems; Noise level; Wetlands; Soils; Water; Wildlife and wildlife habitats; and Bottomland.
Discussion of this moratorium, including progress to date, occurred during the October 5, 2019 City Council Workshop. City staff experienced significant work delays due to a citywide computer system cyber-attack. City staff proposed a time extension to the active moratorium adopted by Ordinance No. 4133, not to exceed an additional 180 days, for a total time period not to exceed 360 days, which would expire on May 30, 2020.
The City Council approved the abovementioned extension by Ordinance No. 4141, on November 25, 2019, resulting in a new expiration date of May 30, 2020.
However, on March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52 declaring a State of Emergency for the State of Florida as a result of COVID-19, a global pandemic. And, on March 18, 2020, pursuant to Section 252.38, Florida Statutes, the City of Riviera Beach declared a local State of Emergency, waiving the procedures and formalities otherwise required by ordinance pertaining to expenditures, empowering the City Manager to exercise all powers and duties to provide for the health, safety, and welfare of persons and property of the community.
Subsequently, on March 20, 2020, Governor DeSantis issued Executive Order 20-69 suspending the requirement that a quorum be physically present or that requires the local government to meet at a specific public place; and allowing the local government body to utilize communications media technology, such as telephonic and video conferencing in order to hold the public meeting.
On April 1, 2020, Governor DeSantis issued Executive Order 20-91 mandating that all state citizens limit their movement outside of their homes to mitigate against the spread of COVID-19, which Order is effective until April 30, 2020, unless extended by subsequent Order.
In response to the growing COVID-19 Pandemic and in response to Governor DeSantis’ Executive Order 20-91, the City Council ordered all non-essential services and operations of the City to close and directed City non-essential City employees and staff to remain at home in compliance with Governor DeSantis’ Executive Order 20-91 until April 30, 2020.
The current COVID-19 pandemic and responsive federal, state, and local orders have prevented the City from proceeding with customary public hearings with customary public comment, which are required in order to adopt new land development regulations, including, but not limited to public hearings before the Planning and Zoning Board and City Council.
City staff is proposing to toll the period remaining on the Moratorium from April 1, 2020, when Governor DeSantis issued Executive Order 20-91 mandating that all state citizens limit their movements outside the home until the expiration of Executive Order 20-91 on April 30, 2020, unless the duration of Executive Order 20-91 is extended by further action of Governor DeSantis.
City staff has determined that tolling the active time period of the Moratorium adopted by Ordinance No. 4133, and previously extended by Ordinance No. 4141 for the duration of Governor DeSantis’ Executive Order 20-91, including any extension thereof, is in the best interest of the lives, health, safety and welfare of the City’s residents and stakeholders.
The City Council approved this Ordinance on first reading on April 15, 2020.