2017-4071 Ordinance ORDINANCE NO. 2017-4071
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6)
MONTH MORATORIUM FOR PROPERTIES FRONTING ON TATUM
WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY
DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET,
PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE
FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON
THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE
TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF
85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE;
IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR
PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS
PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY;
PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING,
JANUARY 11, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS
ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS
ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE
DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR
EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF
CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN
EXPIRATION DATE.
WHEREAS, the Mayor and City Commission have recognized the need for a temporary
moratorium on the receipt of and processing of demolition permits to ensure the completion of
the regulations relating to the creation of conservation district regulations for Tatum Waterway,
from Byron Avenue to the North, and 77 Street to the South; and
WHEREAS, as seen in WC/ Communities, Inc. v. City of Coral Springs, 885 So.2d
912(Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing a
temporary moratorium in processing plan where there is a rational relationship to the City's
legitimate general welfare concern; and
WHEREAS, moreover, a court should not set aside the determination of public officers in
land use matters unless it is clear that their action has no foundation in reason, and is a mere
arbitrary or irrational exercise of power having no substantial relation to the public health, the
public morals, the public safety of the public welfare in its proper sense. Id.; and Smithfield
Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st Cir. 1990); and
WHEREAS, the first step in ensuring a proper moratorium, is to ensure that the City's
legislative has a rational basis and legitimate governmental purpose for the imposition of a
moratorium; and
WHEREAS, the second step is for the Mayor and City Commission to establish a record
that the moratorium would further the governmental purpose of creating, finalizing, and adopting
the North Beach vision through the Master Plan process; and
WHEREAS, while the planning process is being solidified, some key areas of emphasis
have emerged as the essential foundations to ensure the creation of the conservation district
guidelines while garnering widespread support throughout the community, including but not
limited to a balanced strategy to promote historic preservation while supporting incentives for
greater development, density and activation; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment that provides improved communities, enhances public benefits in the
form of compatible architecture and uses;
WHEREAS, the creation of a master plan and analysis of the impacts due to such plan
on parks, recreation, open space, infrastructure, accessibility of emergency and public service
vehicular traffic and public safety and public facilities needs is important to the City to ensure the
health, safety and welfare of the City's residents and visitors; and
WHEREAS, the City Commission has noted the rapid demolition of a multitude of
structures within the study area, and is concerned that the character of the community, and
possible increase of incompatible uses or structures is of concern; and
WHEREAS, the City in order to protect and preserve Tatum Waterway, while the City
develops the conservation district regulations, the moratorium is necessary; and
WHEREAS, the City Commission realizes that all these changes may have a
consequence of increasing demand for City services and on how these structures are handling
for land development reasons; and
WHEREAS, the City requires time to review, consider, modify, process for adoption, and
implementation regulations pertaining to the referenced zoning districts, and to evaluate the
extent that the existing zoning/land development regulation are effectively implementing the
plan; and
WHEREAS, the Courts have recognized that a temporary moratorium is an important
land-use planning tool as a means of preserving the status quo during the planning process to
ensure the Community's problems are not exacerbated during the time it takes to formulate a
regulatory scheme; and
WHEREAS, it is well-settled that permissible bases for land use restrictions include
concern about the effect of the proposed development on traffic, on congestion, on surrounding
property values, on demand for City services, and on other aspects of the general welfare. WC/
Communities, Inc., 885 So.2d at 915 and Corn v. City of Lauderdale Lakes, 997 F.2d 1369,
1375 (11`h Cir. 1993); and
WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of
legislative intent to apply the law retroactively, and (2) when allowed, the retroactive application
is constitutionally permissible, in that the new law does not create new obligations, impose new
penalties, or impair vested rights. Jasinski v. City of Miami, 269 F.Supp.2d 1341 (SD Fla. 2003);
and
WHEREAS, for purposes of determining whether the retroactive application of a
municipal ordinance impairs a vested right under Florida law, a vested right is defined as an
immediate, fixed right of present enjoyment, Id.; and
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WHEREAS, the moratorium is not the retroactive application of a tax; and
WHEREAS, the City is not interfering with a vested right obtained as a result of a final
order from a City Land Use Board, or permit already obtained under the Florida Building Code;
and
WHEREAS, the Mayor and City Commission desire to adopt a six (6) month moratorium
on demolition permits.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully
set forth in the text of this Ordinance. The recitals evidence the concern, motivations and
reasons for imposition of this Ordinance.
SECTION 2. MORATORIUM AREA. As of the effective date hereof, there is hereby imposed
a Moratorium on the acceptance of applications for or the processing of applications for the
demolition of any structure for properties fronting on Tatum Waterway and located on the west
side of Tatum Waterway Drive and Byron Avenue from 77th Street to 87th Street, properties
located on the east side of Hawthorne Avenue from 77th Street to Crespi Boulevard, properties
located on the east side of Crespi Boulevard from Hawthorne Avenue to 85th Street, and
properties located on the north side of 85th Street between Crespi Boulevard and Byron Avenue;
The moratorium will not prevent or affect: (i) applications that have received a Land Use Board
Order issued prior to July 13, 2016; (ii) a building permit for demolition issued prior to July 13,
2016; (iii) a lawful order of the building official; or(iv) an unsafe structures board order.
SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its
objectives.
SECTION 4. DURATION OF MORATORIUM. This Ordinance shall remain in effect for one
hundred eighty (180) days from effective date hereof, unless earlier rescinded, repealed or
extended by an Ordinance or Resolution of the City Commission of the City of Miami Beach.
Within ninety (90) days from the effective date hereof, the City staff shall provide an interim
report to the City Commission as to the progress being made in the preparation of the Master
Plan and any associated ordinances.
SECTION 5. SEVERABILITY. That if any clause, section or other part of this Ordinance shall
be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
Ordinance shall not be affected thereby, but shall remain in full force and effect.
SECTION 6. REPEALER. All ordinances or parts of ordinances and all section and parts of
sections in conflict herewith be and the same are hereby repealed.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective, RETROACTIVE, to
January 11, 2017.
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PASSED and ADOPTED this 8 day of F:bru4ry , 2017.
//A:PROVED MAYOR
2 /K/ i1 CITY C AS TO;,q FORM AND LANGUAGE
Yom\ B 406. & FOR EXECUTION• —Jim. I ic —( 2--
• INCORP '\ORATE!: City Attorney Date
First Reading: ; {`• .. '• r
Second Reading: y CH 26
Verified by:
Thomas Mooney, AICP
Planning Director
(Sponsored by: Commissioner Ricky Arriola)
Underscore denotes new language
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Ordinances - R5 D
MAMI B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2017
10:15 a.m. Second Reading Public Hearing
SUBJECT: DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM
WATERWAY:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH
MORATORIUM FOR PROPERTIES FRONTING ON TATUM WATERWAY AND
LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON
AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON
THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI
BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI
BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND
PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN
CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY
MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS,
PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF
STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE
DATE RETROACTIVE TO FIRST READING, JANUARY 11, 2017; FOR ZONING
IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON
FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR
DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE
CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY;
REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR
AN EXPIRATION DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
ANALYSIS
BACKGROUND
On May 11, 2016, at the request of Commissioner Arriola, the City Commission directed the City
Attorney to draft an ordinance establishing a temporary moratorium on the issuance of
demolition permits in the North Beach area (Item R90). On July 13, 2016, the City Commission
approved the ordinance establishing a temporary moratorium for the demolition of any
'Contributing'structure within the following areas of the North Beach Master Plan study area:
Page 519 of 873
• The "North Shore National Register District:" Generally bounded by 73rd Street to the south,
Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north,
and Collins Court to the east.
• The "Normandy Isles National Register District:" Generally bounded by Biscayne Bay to the
south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf
Course to the north, and the western bulkhead of Indian Creek to the east.
As approved, the moratorium remains in effect for one hundred and eighty (180) days from the
effective date of July 13, 2016, which is January 13, 2017.
At a special meeting on December 9, 2016, the City Commission directed the City Attorney to
draft an ordinance extending the existing demolition moratorium to the area of Tatum Waterway.
PLANNING ANALYSIS
The proposed moratorium is a limited extension of the existing moratorium, and would apply to
the demolition of any"Contributing" structure within the Tatum Waterway area of the North Shore
National Register District. Generally, the proposed moratorium will apply to properties fronting
on Tatum Waterway Drive, Byron Avenue and Crespi Blvd from 77th street to 87th street.
The moratorium would not apply to applications that have received a Land Use Board Order or a
building permit for demolition prior to July 13, 2016, which is the applicable date of the existing
moratorium. It would also not apply to an unsafe structure board order or a lawful order of the
Building Official.
As proposed, the moratorium would remain in effect for one hundred eighty (180) days from
effective date, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of
the City Commission. Within ninety (90) days from the effective date hereof, City staff shall
provide an interim report to the City Commission as to the progress being made in the
preparation of the Master Plan and any associated ordinances.
The ordinance is proposed to be effective, RETROACTIVE, to January 11, 2017.
UPDATE:
The subject ordinance was approved at First reading on January 11, 2017. The retroactive date
of January 11, 2017 was corrected in the ordinance for Second Reading. Additionally, at the
request of the City Commission, all property owners within the subject moratorium area were
sent a courtesy mail notice.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Legislative Tracking
Planning /Office of the City Attorney
Sponsor
Page 520 of 873
Commissioner RickyArriola & Co-Sponsored by Vice-Mayor Joy Malakoff
ATTACHMENTS:
Description
❑ 2nd Reading Ordinance - Form Approved
❑ Ad
Page 521 of 873
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