Ordinance 98-3106•i:
ORDINANCE NO. 98- 310 6
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665 BY AMENDING SECTION 14, ENTITLED
"CHANGES AND AMENDMENTS" BY AMENDING SUBSECTION 14-7,
ENTITLED "PROPOSED ZONING ORDINANCE AMENDMENTS -- ZONING -
IN -PROGRESS MORATORIA ON PERMITS AND APPROVALS" BY AMEND-
ING SUBSECTION 14-7(C), WHICH EXEMPTS PROJECTS FROM ZONING -
IN -PROGRESS MORATORIA, BY MODIFYING THE REQUIREMENTS FOR
ACHIEVING AN EXEMPTION FROM ZONING -IN -PROGRESS; AND
AMENDING SUBSECTION 14-8, ENTITLED "PROPOSED COMPREHENSIVE
PLAN AMENDMENTS -- PLANNING -IN -PROGRESS MORATORIA ON
PERMITS AND APPROVALS" BY AMENDING SUBSECTION 14-8(C), WHICH
EXEMPTS PROJECTS FROM PLANNING -IN -PROGRESS MORATORIA, BY
MODIFYING THE REQUIREMENTS FOR ACHIEVING AN EXEMPTION
FROM PLANNING -IN -PROGRESS; ADDRESSING THE APPLICATION OF
THE CURRENT ZONING -IN -PROGRESS PROVISIONS TO THIS ORDI-
NANCE; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission wishes to amend Comprehensive Zoning Ordinance No.
89-2665 to revise the exemptions to the zoning -in -progress and planning -in -progress moratoria to
insure that amendments to the City's Zoning Ordinance and Comprehensive Plan are applicable to
and enforceable against all new development prior to the issuance of a building permit for said
development.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMIS-
SION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENTS TO SECTION 14, ENTITLED "CHANGES AND AMEND-
MENTS".
A. That Subsection 14-7, entitled "Proposed Zoning Ordinance Amendments -- Zoning -
In -Progress Moratoria on Permits and Approvals" of Section 14 of Zoning Ordinance 89-2665 of
the City of Miami Beach, Florida, is hereby amended as follows:
14-7 PROPOSED ZONING ORDINANCE AMENDMENTS - ZONING -IN -PROGRESS
MORATORIA ON PERMITS AND APPROVALS
A. Whenever the Planning Board has voted to recommend in favor of a proposed
amendment to this Ordinance, the City Manager shall issue an administrative
order setting forth the proposed amendment and establishing a moratorium
during which any City employee, board or department is prohibited from
granting an approval or permit which would be prohibited, or prohibited
without variances, in the event that the proposed amendment is enacted by
the City Commission.
B. Any administrative order issued pursuant to the above shall be complied with
by all City employees, boards and departments and shall be effective until the
proposed amendment is enacted or rejected by the City Commission.
However, in the event that the City Commission fails to enact or reject the
amendment within 90 days after a favorable recommendation by the Planning
Board, said administrative order shall be deemed expired and shall be without
further effect.
C. Notwithstanding subparagraphs A and B above, no such administrative order
shall affect any project which has a validly issued and active Full Building
ermit building permit,variance approval, or Design Review approval_orhas
P prior to a vote by the Planning Board in favor of the
proposed zoning amendment.
D. Subparagraphs A and B above, shall not apply to proposed amendments to
Section 19 of this Ordinance which would designate specific properties or
districts as historic. The moratorium regulations applicable to such proposed
amendments are set forth in Subsection 19-5 of this Ordinance.
B. That Subsection 14-8, entitled "Proposed Comprehensive Plan Amendments -
Planning -In -Progress Moratoria on Permits and Approvals" of Section 14 of Zoning Ordinance 89-
2665 of the City of Miami Beach, Florida, is hereby amended as follows:
14-8 PROPOSED COMPREHENSIVE PLAN AMENDMENTS - PLANNING -IN -
PROGRESS MORATORIA ON PERMITS AND APPROVALS
A. Whenever the Planning Board has voted to recommend in favor of a proposed
amendment to the City's Comprehensive Plan the City Manager shall issue
an administrative order setting forth the proposed amendment and establish-
ing a moratorium during which any City employee, board or department is
prohibited from granting an approval or permit which would be prohibited,
or prohibited without variances, in the event that the proposed amendment is
enacted by the City Commission.
B. Any administrative order issued pursuant to the above shall be complied with
by all City employees, boards and departments and shall be effective until the
proposed amendment is enacted or rejected by the City Commission.
However, in the event that the City Commission fails to either adopt a
resolution providing for transmittal of the proposed amendment to the
2
Department of Community Affairs or to reject the amendment within 90 days
after a favorable recommendation by the Planning Board, or fails to enact or
reject the amendment within 120 days after receiving comments on the
transmitted proposed amendment from the Department of Community
Affairs, said administrative order shall be deemed expired and shall be
without further effect.
C. Notwithstanding subparagraphs A and B above, no such administrative order
shall affect any project which has a validly issued and active Full Building
Permit bing-peivariance approval, or Design Review approvals
pe: prior to a vote by the Planning Board in favor of the
proposed zoning amendment to the Comprehensive Plan.
SECTION 2. APPLICATION OF ZONING -IN -PROGRESS TO THIS AMENDMENT.
For purposes of enforcement of the zoning -in -progress provisions contained within the City
of Miami Beach Zoning Ordinance No. 89-2665 (i.e., Subsection 14-7), modified in accordance with
the terms of this Ordinance, it is the intention of the City Commission, and it is hereby ordained, that
a favorable recommendation by the Planning Board with respect to the adoption of this Ordinance
shall not result in the issuance of an administrative order and the establishment of a moratorium.
Notwithstanding the foregoing, this Ordinance shall have full force and effect as of the effective date
as specified below.
SECTION 3. INCLUSION IN ZONING ORDINANCE NO. 89-2665.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-
2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
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SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 17th day of January
PASSED and ADOPTED this 7th day of January , 199 8 .
ATTEST:
CITY CLERK
F:\PLAN\$ALL\DRAFT_OR\@C!TYCOM\VESTING2.ORD
1st reading 12/7/97
2nd reading 1/7/98
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4//74/Z6/4/14 4967
, 1998.
MAYOR
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl. us
COMMISSION MEMORANDUM NO. 10 -9 g
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROM: Sergio Rodriguez
City Manager
DATE: January 7, 1998
SUBJECT: Second Reading Public Hearing -- An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending Comprehensive
Zoning Ordinance No. 89-2665 by Amending Section 14, Entitled "Changes and
Amendments" by Amending Subsection 14-7, Entitled "Proposed Zoning
Ordinance Amendments -- Zoning -In -Progress Moratoria on Permits and
Approvals" by Amending Subsection 14-7(c), Which Exempts Projects from
Zoning -In -Progress Moratoria, by Modifying the Requirements for Achieving
an Exemption from Zoning -In -Progress; and Amending Subsection 14-8,
Entitled "Proposed Comprehensive Plan Amendments -- Planning -In -Progress
Moratoria on Permits and Approvals" by Amending Subsection 14-8(c), Which
Exempts Projects from Planning -In -Progress Moratoria, by Modifying the
Requirements for Achieving an Exemption from Planning -In -Progress;
Addressing the Application of the Current Zoning -In -Progress Provisions to
this Ordinance; Providing for Inclusion in the Zoning Ordinance, Repealer,
Severability and an Effective Date.
RECOMMENDATION
The Administration recommends that the ordinance, as amended and approved on First Reading, be
adopted on Second Reading, after holding a public hearing on said matter.
BACKGROUND
At the request of the City Commission, the City Attorney's Office drafted an amendment to the
Zoning Ordinance providing for a modification to the requirements for achieving an exemption to
Zoning -in -Progress and Planning -in -Progress Moratoria. More specifically, said draft ordinance
required a project to have a full building permit in order to achieve vested rights under the pre-
existing provisions of the Zoning Ordinance prior to any affirmative recommendation to amend by
the Planning Board. The matter was referred to the Planning Board by the City Commission on
November 19, 1997 and heard by the Board on December 16, 1997. The Planning Board
recommended denial of the proposed ordinance. Furthermore, the Board rejected an alternate version
as proposed by the Administration which would provide for vested rights of a project at the time it
receives Design Review or Variance approval.
AGENDA ITEM 5 -)A -
DATE-
DATE (— --7-9
Over the past decade, the City Commission has continued to refine the Zoning Ordinance and to
enact zoning legislation which addresses the proper development of land. As the Commission is
aware, it is currently considering zoning legislation affecting design bonuses and parking
regulations. To the extent that developers and builders perceive that these changes, in turn, adversely
affect their perceived "rights" for a property, there is a corresponding rush to legalize, or vest, these
rights under the existing ordinance provisions before they expire.
On December 17, 1997, the City Commission approved (7-0) on First Reading, the attached
ordinance amending Subsections 14-7 and 14-8 of the Zoning Ordinance, which would change the
point in the City's development approval process where plans become vested to the time of design
review, or variance, approval. This version is the one which has, and continues to be, recommended
by the Administration. At the time of first reading, the Commission requested the City Attorney to
review the law as it relates to the time when vesting occurs for development projects. The City
Attorney's office has prepared a report on this issue which is attached, hereto.
ANALYSIS
The proposed amendment as amended, would require that a project have Design Review or Variance
approval prior to a vote by the Planning Board on a zoning or comprehensive plan amendment in
order for the property owner or developer to vest rights under pre-existing legislation. Currently,
developers and builders need only to submit a completed application meeting all submission
requirements to the appropriate Board (either the Design Review Board or Board of Adjustment).
Whenever the City proposes a change to the Zoning Ordinance and there is a perception in the
development community that rights may be impaired, there has been a rush to submit applications
(most frequently to the Design Review Board) prior to the Planning Board vote.
Rather than holding developers to the strict requirement of a building permit or being as lenient as
only requiring developers to submit a complete application, the Administration believes
consideration should be given to a middle approach of requiring design review or variance approval.
In this alternative, the City is assured that there is a valid project proposed and that it has been
reviewed and approved by the respective Board. Developers would not be required to push their
projects through to a building permit prior to the deadline of the Planning Board vote. The pulling
of a permit can often be delayed by factors outside the control of either the City or the developer,
(e.g., FDOT withholds approval or the State Division of Beaches and Shores delays the issuance of
a Coastal Construction Control Line Permit F.)
In reviewing such a request for an amendment to the Zoning Ordinance or a change in land use, the
City Commission is to consider 13 relevant review criteria, when applicable for such changes. Since
the amending ordinance would only change the text of the Zoning Ordinance and would not
constitute a use change or a change in zoning district boundaries or classification, the review criteria
have been determined not to be applicable to this amendment request.
•
CONCLUSION
Based on the above, the Administration has concluded that the amending Ordinance, requiring that
there be design review or variance approval in place in order to establish vesting, be adopted on
second reading.
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cc: Debbie Turner, First Assistant City Attorney
Diana Grub Frieser, First Assistant City Attorney
Harry Mavrogenes, Assistant City Manager
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