2001-3315 ORD
ORDINANCE NO.
2001-3315
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ENFORCEMENT OF CERTAIN REGULATIONS
PERTAINING TO THE OPERATION OF PARKING LOTS ON
OCEAN DRIVE TO ALLOW PARKING LOTS TO OPERATE
AS PROVISIONAL PARKING LOTS AND UNDER THE
SAME CONDITIONS PROVIDED UNDER A CONDITIONAL
USE PERMIT IF SAID LOTS OPERATED, AT ANY TIME
FORM 1999 TO THE PRESENT, AS A PERMITTED
PROVISIONAL LOT WITH CONDITIONAL USE
APPROVAL; THE MORATORIUM SHALL
AUTOMATICALLY DISSOLVE UPON THE EARLIER OF
OCTOBER 17, 2001, OR UPON THE ADOPTION OF
AMENDMENTS TO THE MIAMI BEACH CITY CODE
RELATING TO PARKING LOTS ON OCEAN DRIVE.
WHEREAS, the City of Miami Beach ("City") is in the process of evaluating its licensing
regulations with regard to parking lots on Ocean Drive in order to address the needs of the public
with regard to the availability of parking in the Ocean Drive area; and
WHEREAS, pending the consideration of legislation by the City addressing the licensing
of parking lots on Ocean Drive, the City Commission deems it in the best interest and welfare of the
City to impose a temporary moratorium on the enforcement of certain regulations pertaining to the
operation of parking lots on Ocean Drive to allow parking lots to operate as provisional parking lots,
and under the same conditions provided under a conditional use permit, if said lots operated at any
time from 1999 to the present as a permitted provisional lot with conditional use approval; and
WHEREAS, the moratorium contemplated by this Ordinance shall automatically dissolve
upon the earlier of October 17, 2001 or upon the adoption of amendments to the Miami Beach City
Code relating to parking lots on Ocean Drive.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
Section 1.
That a temporary moratorium is hereby imposed:
(a) on the enforcement of certain regulations pertaining to the operation of
parking lots on Ocean Drive to allow parking lots to operate as provisional parking
lots, and under the same conditions provided under a conditional use permit, if said
lots operated at any time from October, 1999 to the present, as a permitted provisional
lot with conditional use approval, and.
(b) the temporary moratorium shall automatically dissolve upon the earlier of
October 17, 2001 or upon the adoption of amendments to the Miami Beach City
Code relating to parking lots on Ocean Drive.
PASSED AND ADOPTED this ,18th day of
I
MAYOR '
, 2001.
ATTEST:
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING ON TEMPORARY MORATORIUM
ON THE ENFORCEMENT OF CERTAIN REGULA nONS PERTAINING
TO THE OPERA nON OF PARKING LOTS.ON OCEAN DRIVE
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NQTICEIS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Miami Beach,
Florida, on Wednesday, July 18, 2001 at 5:15 p.m., or as soon thereafter as possible, in the City Commission
Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. .
During this meeting, the City Commission will hold a public hearing to consider the following:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ESTABLISHING A TEMPORARY MORATORIUM ON THE ENFORCEMENT OF CERTAIN REGULATIONS
PERTAINING TO THE OPERATION OF PARKING LOTS ON OCEAN DRIVE TO ALLOW PARKING LOTS.TO
OPERATE AS PROVISIONAL PARKING lOTS AND UNDER THE SAME CONDITIONS PROVIDED UNDER
A CONI)ITIONAL USE PERMIT IF SAID LOTS OPERATED, AT ANY TIME FROM 1999 TO THE PRESENT,
AS A PERMITTED PROVISIONAL LOT WITH CONDITIONAL USE APPROVAL; THE MORATORIUM
SHALL AUTOMATICALLY DISSOLVE UPON THE EARLIER OF OCTOBER 17, 2001, OR UPON THE
ADOPTION OF AMENDMENTS TO THE MIAMI BEACH CITY CODE RELATING TO PARKING LOTS ON
OCEAN DRIVE.
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All persons are invited to appear at this meeting or be represented by an agent, or to express IhW views In writing addressed to the
City Commission of the City of Miami Beach c/o the City Clerk, 1700 Convention Center Drive, First Floor, Miami Beach, Florida
33139. A copy of this Ordinance is available for public inspection during normal business hours in the City Clerk's Office. Inquiries
may be directed to the Code Compliance Department at (305) 673-7555. The abOve item may be continued althis meeting and,
under such circumstances, additional legal notice would not be provided. Any person may contact the City Clerk at (305) 673-7411
for information as to the status of this item as a result of the meeting. .
Pursuant to Section 286,01 05, Fla. Stat., the City hereby advises the public that: K a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this.meeting or hearing, such person must insure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitllle consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, all persons needing special accommodation to participate in this
proceeding should contact the City Clerk's Office no later than two days prior to the proceeding, telephone (305) 673-7411 for
assistance; if hearing impaired, telephone Florida Relay Service numbers (800) 955-8771 (TOO) or (800) 955-8770 (VOICE), for
assistance.
Ad #0029
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.
'17/).-0/
Mayor Neisen O. Kasdin and DATE: July 18, 2001
Members of the City Commission
Jorge M. Gonzalez \ . ~ SECOND READING, PUBLIC HEARING
City Manager Urf/'" 0
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY
MORATORIUM ON THE ENFORCEMENT OF CERTAIN REGULATIONS
PERTAINING TO THE OPERATION OF PARKING LOTS ON OCEAN
DRIVE TO ALLOW PARKING LOTS AS A MAIN PERMITTED USE AND
TO ALLOW THEIR OPERATION AS A PROVISIONAL PARKING LOT
AND UNDER THE SAME CONDITIONS PROVIDED UNDER
CONDITIONAL USE PERMIT IF SAID LOTS OPERATED, AT ANY TIME
FROM 1995 TO THE PRESENT, AS A PERMITTED PROVISIONAL LOT
WITH CONDITIONAL USE APPROVAL; THE MORATORIUM SHALL
AUTOMATICALLY DISSOLVE UPON THE EARLIER OF OCTOBER 17,
2001, OR UPON THE ADOPTION OF AMENDMENTS TO THE MIAMI
BEACH CITY CODE RELATING TO PARKING LOTS ON OCEAN DRIVE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance (on Second ReadingfPublic Hearing).
ANALYSIS
On June 6th, at the regular Commission meeting, the City Commission expressed its sentiments
regarding the operation of the parking lot at 1458 Ocean Drive. Subsequent thereto, legal advice was
requested on how to implement the sentiments expressed by the Commission regarding its ongoing
operation. The City Attorney continues to advise that there are no provisions in the City Code to
permit the ongoing operation of the referenced parking lot. However, the City of Miami Beach is
in the process of evaluating its licensing regulations with regard to the parking lots on Ocean Drive
in order to address the needs of the public with regard to the availability of parking in the Ocean
Drive area.
In connection therewith, on June 27, 2001, the Mayor and City Commission referred an Ordinance
to the Planning Board to evaluate an Amendment to the existing ordinance to allow vacant lots on
Ocean Drive that existed prior to January 1, 1999, to be used for provisional or temporary parking
lots. At the same time, the Mayor and City Commission adopted the referenced ordinance
establishing a moratorium on the enforcement of the operation of parking lots on Ocean Drive on
first reading/public hearing.
AGENDA ITEM
DATE
RS{)
7-{g-tJl
.
The Planning Board will consider an amendment to the City Code to pennit parking as a main
permitted use on Ocean Drive. The proposed amendment to the City Code allows for parking lots
as a main use on Ocean Drive under certain circumstances. The Planning Department advises that
due to publication requirements, an amendment to the City Code in such regard could not be
considered by the Planning Board until July 31, 2001 and would not likely be considered at two
public hearings before the City Commission until September 20, 2001. Therefore, pending
consideration of said legislation, it is deemed that it is in the best interest and welfare of the City to
impose a temporary moratorium which would have the effect of extending the time limitations of
provisional parking lots, which have received occupational licenses and conditional use approval on
Ocean Drive, provided such licenses or approvals were in place at any time from 1999 to the present.
Such moratorium is presented for your consideration on Second ReadinglPublic Hearing. Such
moratorium could extend through October 17, 2001 to alleviate the need for parking in the Ocean
Drive area until legislation addressing licensing regulations for provisional parking lots can be
considered by the Planning Board and the Commission.
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