Ordinance 84-2399 ORDINANCE NO: 84-2399
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ORDINANCE NO. 1891, OF THE CITY OF MIAMI
BEACH, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE BY MODIFYING SECTION 22-5 IN ORDER TO
EXTEND THE DURATION OF THE ID - INTERIM DEVELOPMENT
DISTRICT FROM ONE (1) YEAR TO A PERIOD NOT TO EXCEED
EIGHTEEN (18) MONTHS FROM ITS EFFECTIVE DATE;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE OF JANUARY 16 , 1984 .
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
WHEREAS, the City of Miami Beach, Florida (hereinafter "City") is a home rule
charter City pursuant to Art. VIII, (f), 1(g) and 2(b) of the Florida Constitution, the
Municipal Home Rule Powers Act (Fla. Stat. Ch. 166 (1973)) and the Miami Beach City
Charter, and has all "governmental, corporate and proprietary powers to enable it to
conduct municipal government, perform municipal functions and render comprehensive
plans, zoning ordinances and other necessary land use control measures; and
WHEREAS, the City is authorized and required by the Local Government
Comprehensive Planning Act of 1975 as amended (Fla. Stat. 8163.3161 et seq.) to prepare,
adopt and implement a Comprehensive Plan; and
WHEREAS, the City is authorized by the Community Redevelopment Act of 1979
as amended (Fla. Stat. *163.3161 et seq.) to prepare, adopt and implement a redevelopment
plan for South Shore; and
WHEREAS, the preparation of a Redevelopment Plan for the South Shore area
was initiated pursuant to City Resolution No. 82-17222; and
WHEREAS, the Interim Development District Ordinance (City Ordinance No.
83-2355) was established overlaying the South Shore Redevelopment Area; and
WHEREAS, the purpose of the Interim Development District is to protect the
plan during its preparation, review, adoption and implementation to assure that development
inconsistent with the plan was prevented during this period; and
WHEREAS, the ID Ordinance is presently in effect until the implementation of
the Plan or for one (1) year, whichever occurs first; and
WHEREAS, the plan, titled the South Shore Redevelopment Strategy (July 1983)
has been prepared, reviewed by the Planning Board and by the Redevelopment Agency, and
submitted to the State, County and local units of government pursuant to the Local
Government Comprehensive Planning Act; and
WHEREAS, State, County and local review may not be completed until
mid-December, 1983; and
r
WHEREAS, the Plan cannot, therefore, be adopted until early January, 1984 at
the earliest; and
WHEREAS, new permanent zoning to implement the Plan and to replace the ID -
Interim Development District has been prepared and is currently being reviewed by the
Planning Board and has been the subject of a Planning Board workshop on
November 28, 1983; and
WHEREAS, the new permanent zoning cannot be adopted and put into effect
until sometime after Plan adoption; and
WHEREAS, the new permanent zoning requires the fullest possible public
exposure, review and hearings prior to its adoption; and
WHEREAS, without an extension to the ID Ordinance, the protection afforded by
such ordinance will be lost at the very time when it is needed most; and
WHEREAS, the extension sought is the minimum necessary to protect the Plan
and to allow for full discussion of the new permanent zoning prior to its adoption; and
WHEREAS, such extension is necessary to protect and promote the public health,
safety and general welfare and to implement the Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The Zoning Ordinance of the City of Miami Beach, Florida (Ordinance
No. 1891, as amended) shall be amended by revising Section 22-5 to extend the duration of
the ID - Interim Development District from one (1) year to a period not to exceed eighteen
(18) months from its otherwise effective date.
SECTION 2: Section 22-5 shall be revised to read as follows:
"Section 22-5 Duration of Interim Development District
The provisions of this Ordinance shall remain in full force
and effect from its effective date according to law until
the adoption of a revised redevelopment plan and the
implementation of such plan through the enactment of
permanent zoning controls, but in no event to exceed eAe
414 year eighteen (18) months."
SECTION 3: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 4: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such hold shall not affect validity of the remaining portions of this Ordinance.
SECTION 5: EFFECTIVE DATE
This Ordinance shall take effect January 16 , 1984 .
PASSED AND ADOPTED this 13th day of January, 1984. •
4"/i-7 Ca---e.,„_52
MAYOR
ATTEST:
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CITY CLERK
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1st Reading - December 21, 1983 FORM APPRO VEil
2nd reading - January 13, 1984 LEGAL DEPARTMENT
BY: 6corkat
DATE: //-1 ; %-e3
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