93-2865 Ordinance
ORDINANCE NO.
93-2865
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 14, ENTITLED "CHANGES AND
AMENDMENTS" BY THE ADDITION OF SUBSECTION 14-
7 , ENTITLED "PROPOSED ZONING ORDINANCE
AMENDMENTS-ZONING-IN-PROGRESS MORATORIA ON
PERMITS AND APPROVALS", PROVIDING FOR
MORATORIA REGARDING THE GRANTING OF APPROVALS
AND BUILDING PERMITS WHICH WOULD BE PROHIBITED
BY ENACTMENT OF A ZONING ORDINANCE AMENDMENT
RECOMMENDED BY THE CITY'S PLANNING BOARD;
PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to statutory requirements and requirements
of Section 14 of Zoning Ordinance No. 89-2665, the process of
amending the city's Zoning Ordinance includes public hearings and
advance notice to property owners which may delay passage of a
proposed amendment for several months; and
WHEREAS, in order to prevent the occurrence during this period
of development which would be incompatible with proposed zoning
changes, it is necessary to provide for a moratorium on the
granting of approvals and permits for such incompatible development
during this period; and
WHEREAS, the city commission believes that the restrictions
set forth herein are necessary to the welfare of the citizens of
the city of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
CREATION OF SUBSECTION 14-7.
That Section 14, entitled "changes and Amendments" of city of
Miami Beach comprehensive Zoning Ordinance No. 89-2665 is hereby
amended by addition of Subsection 14-7 to read as follows:
14-7
PROPOSED ZONING ORDINANCE AMENDMENTS - ZONING-IN-PROGRESS
MORATORIA ON PERMITS AND APPROVALS
~ Whenever the Planninq Board has voted to recommend
in favor of a proposed amendment to this Ordinance.
Ih
~
SECTION 2.
the city Manager shall issue an administrative
order settinq forth the proposed amendment and
establishinq a moratorium durinq which any city
employee. board or department is prohibited from
grantinq 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.
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 reiected by
the city commission. However. in the event that
the city commission fails to enact or reiect the
amendment within 90 days after a favorable
recommendation bY the Planninq Board. said
administrative order shall be deemed expired and
shall be without further effect.
Notwi thstanding subparaqraphs A and B above. no
such administrative order shall affect any project
which has a validlY issued buildinq permit.
variance approval. or Desiqn Review approval or has
a completed application meetinq all submission
requirements submitted for Desiqn Review approval.
Board of Adiustment variance approval. or buildinq
permit approval prior to a vote by the Planninq
Board in favor of the proposed zoning amendment.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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.
2
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect on the
August
, 1993.
7th
PASSED and ADOPTED this 28th day of
ATTEST:
~~ ~~~~
CITY CLERK
1st reading 7/14/93
2nd reading 7/28/93
SWS:scf:\disk2\mort14-7.ord
FORM APPROVED
LEGAL DEPT
By -:r- c 'D
Date 5.....5
~ 'I.t:; ?,.
July
~v~
3
day of
, 1993.
CITY OF
MIAMI .BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
JULY 28, 1993
FROM:
Roger M. CaritA I I f:\ I
City Manager _.~
SUBJECT:
AMENDMENTS TO ZONING ORDINANCE 89-2665 PROVIDING FOR AN
BFFBCTIVE DATE REGARDING MORATORIA ON BUILDING PBRMITS
AND APPROVALS nICH WOULD BE PROHIBITBD BY BNACTMENT OF
AMENDMENTS RECOMJIBNDBD FOR APPROVAL BY THE PLANNING BOARD
TO THE ZONING ORDINANCE OR COMPREHBNSIVE PLAN - SBCOND
READING
ADMINISTRATION RECOMJIBNDATION
The Administration recommends that the city Commission adopt these
two companion amendments to zoning Ordinance 89-2665 on second
reading.
BACKGROUND
The city Administration is requesting consideration of two
successive amendments to Section 14 (Changes and Amendments) of
Zoning Ordinance 89-2665. Specifically, the amendments would
establish moratoria on the 1ssuance of building permits for
projects which would be prohibited if a proposed amendment to the
zoning Ordinance or Comprehensive Plan were adopted. Said
moratoria would commence upon a favorable recommendation by the
Planning Board on a proposed amendment and would extend for a
period of up to 90 days. Any project that has a validly issued
building permit, variance approval or Design Review approval or has
a bonafide application in place for such approvals prior to a
favorable vote by the Planning Board on an amendment, would not be
effected by the declaration of such a moratorium.
The Planning Board, at its meeting of May 25, 1993 recommended
unanimous approval of these two amendments. The City commission,
at its July 14, 1993 meeting, voted 6-0 (1 absent) on each of these
amending ordinances to adopt on first reading.
ANALYSIS
While the city of Miami Beach has up until now administratively
determined when a building project is, or is not, affected by a
change or an amendment to the zoning Ordinance or Comprehensive
Plan, there has not been a codification of this procedure, thereby
potentially creating areas of ambiguity and confusion. Since a
pending development project may be incompatible with the spirit and
intent of a proposed amendment to the zoning Ordinance or
comprehensive Plan, it is critical that a moratorium of a limited
duration be put in place to prevent such proj ects from moving
forward until a final decision is made on such a proposed amendment
by the city Commission. By limiting the moratoria to 90 days, this
should ensure that the approval process would proceed in a swift
and timely manner and that it would not be used as a means to
prevent indefinitely certain types of development.
AGEND~R 's - I
ITEM -
DATE
7-28-93
7':3
Additionally, the proposed amendments to the zoning Ordinance
recognize that those proj ects which have started through the
required local approvals should be treated fairly and not be
affected by any Zoning or Comprehensive Plan amendment in process.
Therefore, projects which have made application for approvals
related to obtaining a building permit, including design review and
zoning variance approvals, would not be subject to a moratorium.
Furthermore, any project with all such approvals already in place
would likewise not be subject to a moratorium.
CONCLUSION
Based on the foregoing, the Administration believes the proposed
amendments to the Zoning Ordinance to be necessary in establishing
policy and clarifying the issue as to what point in the development
review process a building project would be subject to the
provisions of a proposed amendment to the zoning Ordinance or
Comprehensive Plan.
Accordingly, we have, concluded that the City commission should
approve these two companion amending ordinances on second reading,
after holding concurr~nt public hearings.
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