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Ordinance 99-3181 ORDINANCE NO. 99-3181 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR ONE HUNDRED AND EIGHTY(180)DAYS ON THE APPROVAL AND/OR ISSUANCE OF BUILDING PERMITS, CERTIFICATES OF USE,OCCUPATIONAL LICENSES,DESIGN REVIEW APPROVALS,VARIANCE APPROVALS,AND OTHER DEVELOPMENT APPROVALS WHICH WOULD BE INCONSISTENT WITH THE MAIN PERMITTED USES IN THE RESIDENTIAL/OFFICE ("RO") DISTRICT; SAID MORATORIUM SHALL BE EFFECTIVE IN THE FOLLOWING LIMITED AREAS IN THE COMMERCIAL LOW INTENSITY(CD-1) AND COMMERCIAL MEDIUM INTENSITY(CD-2) DISTRICTS: A) THE WEST 75 FEET OF LOTS 7 AND 8,BLOCK 35 OF OCEAN BEACH ADDITION#3(CURRENTLY ZONED CD-2); B) THOSE PROPERTIES FRONTING ON THE EAST SIDE OF PENNSYLVANIA AVENUE, FROM ELEVENTH STREET ON THE NORTH, TO THE SOUTH LOT LINE OF LOT 4, BLOCK 35 OF OCEAN BEACH ADDITION #3 ON THE SOUTH (CURRENTLY ZONED CD-2); C) THOSE PROPERTIES FRONTING ON THE WEST SIDE OF DREXEL AVENUE, FROM FOURTEENTH STREET ON THE NORTH, TO TWELFTH STREET ON THE SOUTH (CURRENTLY ZONED CD-1); AND D) THOSE PROPERTIES FRONTING ON THE EAST SIDE OF ALTON ROAD, FROM FOURTEENTH STREET ON THE NORTH, TO TWELFTH STREET ON THE SOUTH (CURRENTLY ZONED CD-1) (THE "SUBJECT AREAS" IDENTIFIED IN THE MAP BELOW), AND SHALL AUTOMATICALLY DISSOLVE UPON THE EARLIER OF THE EXPIRATION OF THE ONE HUNDRED AND EIGHTY(180)DAY PERIOD OR UPON THE DENIAL BY THE CITY COMMISSION OF A) AMENDMENTS TO THE CITY'S ZONING MAP TO REZONE THE SUBJECT AREAS TO RO; OR B)AMENDMENTS TO THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN TO REDESIGNATE THE SUBJECT AREAS TO RO; PROVIDING FOR CERTAIN EXEMPTIONS FROM THE MORATORIUM; PROVIDING FOR REVIEW PROCEDURES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. • • _--�-.�--I=- o I, 1 i i 1 { 1 1 1 ; 1 Li , 'I I Iw Il ' - 1-hi I , 9,r.1:I :, W=-� < ---i ` ;1 i u 4, (",.._,...L,.-----2,----J,; `I`-1-.r 1 -=a;r ! ' AljNrp71 II 1 1 1 1 1 1 [iL i 14), 1-..W1 `—t:i cl T J ; tu > � 1 tEww� ' E z I.. t Heft .- m IIL_JLiST O 14 ST 1 �IMI� _- LLL —_ I—_EMI IMO _ i Eu� 17 mil �� _NM _ __ 1 _I '''— -------1"0 .ireet tu CC MI ° w < I ---- _SI— — smor== s- �ffailiel ammo �, O 10 �_ _N O2_mil= I —. iiiiMiii OM NM z 1111111 ammiTh.en NW aft =NM X aime eft:911111, L 9 NMI 411; J 21 \ E iw ito..._•.• , - I 6 IN. 1,!.____. i;---- aft —"mg lift sis.-111.8 tul i r-1 r-1 r—I r_-1 II 1 1 I1 1 1{ 10.1-7 1�r�, __ r� 2 WHEREAS,the City of Miami Beach is in the process of considering the re-zoning and re- designation of certain limited areas in the Commercial Low Intensity (CD-1) and Commercial Medium Intensity(CD-2)Districts to Residential/Office (RO) and is considering City Zoning Map Code and Comprehensive Plan Future Land Use Map(FLUM)changes to effectuate these changes; and WHEREAS,a temporary moratorium for a period of one hundred and eighty (180) days is necessary to facilitate the rational and appropriate level of development in certain limited CD-1 and CD-2 Districts pending the consideration by the City Commission of City Code and Comprehensive Plan amendments relative to the proposed re-zoning and re-designation; and WHEREAS, the Mayor and City Commission desire to provide for a temporary 180 day moratorium to ensure that during the pendency of the necessary review activities by the Planning Board and City Commission,which are presently underway,for the formulation and implementation of the above referenced City Zoning Map and Comprehensive Plan (FLUM) amendments, that building permits, certificates of use, occupational licenses, design review approvals, variance approvals, and other development approvals which would be inconsistent with the main permitted uses in the RO District, not be issued or granted in certain limited CD-1 and CD-2 Districts so that if the City's Zoning Map and Comprehensive Plan(FLUM) amendments are adopted, they will be fully effective in accomplishing their purposes. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1. Establishment of Temporary Moratorium in Certain CD-1 and CD-2 Zoning Districts A. Duration of Moratorium A temporary one hundred and eighty (180) day moratorium shall be imposed as of the Effective Date of this Ordinance for the approval and/or issuance of building permits, certificates 3 of use,occupational licenses, design review approvals, variance approvals, and other development approvals which would be inconsistent with the main permitted uses in the Residential/Office (RO) District. The moratorium shall be effective in the following limited Commercial Low Intensity(CD- 1) and Commercial Medium Intensity (CD-2) Districts: A) The West 75 Feet of Lots 7 and 8, Block 35 Of Ocean Beach Addition#3 (Currently Zoned CD- 2); B) Those Properties Fronting on the East Side of Pennsylvania Avenue, from Eleventh Street on the North,to the South Lot Line of Lot 4, Block 35 of Ocean Beach Addition#3 on the South (Currently Zoned CD-2); C) Those Properties Fronting on the West Side of Drexel Avenue, from Fourteenth Street on the North, to Twelfth Street on the South(Currently Zoned CD-1); and D) Those Properties Fronting on the East Side of Alton Road, from Fourteenth Street on the North,to Twelfth Street on the South(Currently Zoned CD-1). The moratorium shall automatically dissolve upon the earlier of the one hundred and eighty (180) day period or upon the denial by the City Commission of amendments to re-zone the subject areas from CD-1 or CD-2 to RO in the City's Zoning Map or to redesignate the subject areas from CD-1 or CD-2 to RO in the Future Land Use Map (FLUM) of the City's Comprehensive Plan. B. Exemptions from the Moratorium This Ordinance shall not be construed or applied to abrogate the application of equitable estoppel to a property owner to obtain approval and/or the issuance of building permits, certificates of use,occupational licenses,design review approvals,variance approvals,or any other development approvals as follows: (1) In the event the property owner: a. Obtains(i)a design review approval,(ii)a variance approval where no design review approval is required, or (iii) a full building permit as defined in Section 114-1 of the Miami Beach City Code; and b. Satisfies subsection a., above, prior to a favorable recommendation by the City's Planning Board with respect to this Ordinance, and this Ordinance is 4 adopted by the City Commission within 90 days of the Planning Board's recommendation, • then the property owner's project shall be exempt from the application of this Ordinance. (2) In the event the property owner: a. Obtains(i)a design review approval,(ii)a variance approval where no design review approval is required, or (iii) a full building permit as defined in Section 114-1 where no design review approval or variance approval is required; and b. Satisfies subsection a., above, prior to the Effective Date of this Ordinance where there was an unfavorable recommendation by the Planning Board with respect to this Ordinance, or when the Planning Board recommends favorably,but the City Commission fails to adopt this Ordinance within the specified 90 day period, then the property owner's project shall be exempt from the application of this Ordinance. C. Review Procedures In the event the property owner does not qualify under subsections B(1)or(2)above for an exemption to avoid enforcement of the application of this Ordinance,then the property owner may seek a determination from a court of competent jurisdiction as to whether equitable estoppel otherwise exists. If,however, a property owner fails to seek a determination from the court,or if the court has made a determination unfavorable to the property owner, and such determination is not reversed on appeal, then the city shall fully enforce this Ordinance against the property owner's project. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 5 SECTION 3. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid,the • remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective ten(10) days after its adoption. PASSED AND ADOPTED this 14th day of April , 1999. ATTEST: MAYOR r CITY CLERK 1st reading 3/17/99 2nd reading 4/14/99 F ATTO\TURN\ORDINANC\MORATOR2.ORD APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION c Attorney Date 6 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. 21PS—Cj TO: Mayor Neisen O. Kasdin and DATE: April 14, 1999 Members of the City .mmission FROM: Sergio Rodriguez City Manager 'i SUBJECT: Second Re.ding Public Hearing - An Ordinance of the Mayor and City Y Commission of the City of Miami Beach, Florida, Establishing a Temporary Moratorium for One Hundred and Eighty(180)Days on the Approval And/Or Issuance of Building Permits, Certificates of Use, Occupational Licenses, Design Review Approvals, Variance Approvals, and Other Development Approvals Which Would Be Inconsistent with the Main Permitted Uses in the Residential/Office (RO) District; Said Moratorium Shall Be Effective in the Following Limited Areas in the Commercial, Low Intensity (CD-1) and Commercial, Medium Intensity (CD-2) Districts: A) The West 75 Feet of Lots 7 and 8, Block 35 of Ocean Beach Addition #3 (Currently Zoned CD-2); B) Those Properties Fronting on the East Side of Pennsylvania Avenue, from Eleventh Street on the North, to the South Lot Line of Lot 4, Block 35 of Ocean Beach Addition #3 on the South (Currently Zoned CD-2); C) Those Properties Fronting on the West Side of Drexel Avenue, from Fourteenth Street on the North, to Twelfth Street on the South (Currently Zoned CD-1); and D) Those Properties Fronting on the East Side of Alton Road,from Fourteenth Street on the North, to Twelfth Street on the South (Currently Zoned CD-1) (The "Subject Areas" Identified in the Map Below), and Shall Automatically Dissolve upon the Earlier of the Expiration of the One Hundred and Eighty (180) Day Period :or upon the Denial by the City Commission of a) Amendments to the City's Zoning Map to Rezone the Subject Areas to RO,or b) Amendments to the Future Land Use Map of the City's Comprehensive Plan to Redesignate the Subject Areas to RO; Providing for Certain Exemptions from the Moratorium; Providing for Review Procedures; Providing for Repealer; Providing for Severability; and Providing for an Effective Date. AGENDA ITEM R 5 C DATE 4—l '1' RECOMMENDATION The Administration recommends that the City Commission adopt the proposed amending Ordinance upon second reading public hearing. BACKGROUND The proposed ordinance, establishing a temporary moratorium in four specified areas A, B, C and D (also known as areas 6, 7, 8 and 9 in reference to the rezoning and future land use ordinances being reviewed by the Commission), was referred to the Planning Board as a priority item by the City Commission on November 18, 1998 at the request of Commissioner Nancy Liebman. As the Commission is aware, as part of the comprehensive package of zoning amendments considered last year by the Planning Board and City Commission to address appropriate re- development,the City considered the rezoning of several specific areas throughout the City. While many of the proposed changes were enacted by the Commission on November 4, 1998, some of the proposals were determined to require Comprehensive Plan changes in order to become effective; as such they were deferred. These zoning map changes were brought back to the Planning Board for review at their February 23, 1999 meeting, and are now being brought back to the Commission at today's meeting. The Commission had raised a particular concern that four areas which are proposed to be rezoned are currently facing the potential for open-ended commercial development which would be incompatible with the use of the surrounding neighborhood and their as-built character. The areas in question, which were referred to as areas 6, 7, 8 and 9 in the rezoning package from last year, and shown on the attached map as areas A, B, C and D, are currently zoned either CD-1 or CD-2. These commercial designations would allow all types of commercial development, including restaurants and retail establishments. Because these uses are deemed to be inappropriate to the scale and character of the surrounding neighborhoods, it has been proposed that the areas be redesignated on the Future Land Use Map and rezoned to the RO Residential Office classification. If enacted by the Commission, this Future Land Use Map amendment and rezoning would take effect later this year. However, as the potential exists today for inappropriate commercial development in these areas, a temporary 180 day moratorium on development, preventing those uses which are not permitted in the RO Residential Office zoning district from taking place, is proposed for these four areas. Regarding this ordinance, at its February 23, 1999 meeting, the Planning Board voted 7-0 to recommend approval of the subject ordinance as proposed. At its March 17, 1999 meeting, the City Commission voted 6-0 to approve the subject ordinance on first reading. ANALYSIS A The West 75 feet of Lots 7 and 8, Block 35 of Ocean Beach Addition #3 Existing zoning district classification: CD-2, Commercial Medium Intensity Proposed zoning district classification: RO, Residential Office Comments: While currently zoned as commercial districts, this area along with areas "B" and"C"are in reality transition areas between the Washington Avenue commercial corridor and the historic low intensity multi-family residential districts to the west. The RO Residential Office zoning district classification would represent a transition between the two areas, and is designed to accommodate a combination of residential and office development compatible with the residential character and scale of the surrounding neighborhood. Additionally, while a strictly commercial zoning district classification would allow lot-line to lot-line commercial development, the RO district would have the appropriate building setbacks; office uses would be the only allowable commercial use, in addition to multi-family residential uses. B Those properties fronting on the East side of Pennsylvania Avenue, from Eleventh Street on the North,to the South Lot Line of Lot 4,Block 35 of Ocean Beach Addition #3 on the South Existing zoning district classification: CD-2, Commercial Medium Intensity Proposed zoning district classification: RO, Residential Office Comments: As with area "A" above, while currently zoned as a commercial district,this area is in reality a transition zone between the Washington Avenue commercial corridor and the low intensity multi-family residential districts to the west. The RO Residential Office zoning district classification would represent an appropriate transition between the two areas, and is designed to accommodate office development compatible with the residential character and scale of the surrounding neighborhood. Additionally, while a strictly commercial zoning district classification would allow lot-line to lot-line commercial development,the RO district would require the appropriate building setbacks; office uses would be the only allowable commercial use. C Those properties fronting on the West side of Drexel Avenue,from Fourteenth Street on the North, to Twelfth Street on the South Existing zoning district classification: CD-1, Commercial Low Intensity Proposed zoning district classification: RO, Residential Office Comments: As with area 6 and 7 above, while currently zoned as a commercial district, this area is in reality a transition area between the Washington Avenue commercial corridor and the low intensity multi-family residential districts to the west. The RO Residential Office zoning district classification represents a transition between the two areas, and is designed to accommodate office development compatible with the residential character and scale of the surrounding neighborhood. Additionally, while a strictly commercial zoning district classification would allow lot-line to lot-line commercial development, the RO district would have the appropriate building setbacks; office uses would be the only allowable commercial use. D Those properties fronting on the East side of Alton Road, from Fourteenth Street on the North, to Twelfth Street on the South Existing zoning district classification: CD-1, Commercial Low Intensity Proposed zoning district classification: RO, Residential Office Comments: This proposed change would rezone this portion of the east side of the Alton Road corridor from the existing commercial zoning district classification to the RO Residential Office category. Currently along this corridor, all of the buildings historically were used as single family residences, but are now being converted generally to various office uses; however, commercial uses such as restaurants are also permitted. which may negatively impact on the single-family area to the rear of the subject area. The RO zoning district classification is designed to accommodate residential and office uses only, while preserving low densities and intensities, and as such, is appropriate to the subject area. The RO Residential Office Zoning District Classification During the hearings held last year on these proposed rezonings, the Planning Board had recommended that the subject areas not be rezoned at that time,because the RO district regulations presented certain problems regarding maximum FAR and allowable uses. In response to these issues, the Administration had recommended deferral of the rezonings to allow for further study and refinement of the RO Residential Office district regulations. At the time of first reading public hearing, the Commission deferred the rezoning of these four areas, primarily due to the need to process the corresponding Future Land Use Map amendments. However, at that time, the Commission voted unanimously to send these changes back to the Planning Board with the direction to proceed with the rezonings as originally proposed. Later this year,it is anticipated that further refinements to the RO zoning district classification will be proposed for review by the Planning Board. An expanded "RO-2" category may be proposed, with a similar intensity and setbacks as RM-1. Further examination of permitted uses in the RO category may also be examined. The subject areas, as well as other potential RO areas,would then be considered for these further refinements at that time. However, there is an immediate threat of potentially inappropriate re-development of these four areas. For this reason, the Administration recommends that the subject temporary moratorium, along with the zoning and Future Land Use Map changes associated with it, go forward at this time. CONCLUSION Regarding the proposed amendment which is before the Commission today, instituting a 180 day temporary development moratorium for the four subject areas will prevent development in these areas that is not consistent with the proposed RO Residential Office zoning district classification until the new zoning can be effectuated. Based on the foregoing analysis, the Administration recommends that the Commission adopt, upon second reading public hearing, the proposed amending ordinance to the Land Development Regulations of the Code of the City of Miami Beach, Florida. ,0 r6t SR G r G\RL\rl T:\AGENDA\1999\APR 1499\REGULAR\1380CMM2.WPD v1' vc ? � ° ° o § c .§ a © 00 § d 0 0 2 / ° 7 k C o © vc \ O & § y 0 \ § c •§ 7 = 7 o % o m E K