2017-4075 Ordinance North Beach National Register Conservation Districts Demolition Moratorium
ORDINANCE NO. 2017-4075
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 THE FOLLOWING AREAS/PROPERTIES: PROPERTIES
LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE
WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE
ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON
THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY
ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT
AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH
STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527
CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM
RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE
PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST
TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF
RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES
FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE
VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM
71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE
PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING
THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO
71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF
BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY
WATERWAY ON THE NORTH; 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, FEBRUARY 8, 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 desire to create a conservation district overlay
for the entirety of the North Beach National Historic District and the Normandy Isles National Historic
District; and
WHEREAS, within the two National Historic Districts, the City has triggered zoning in progress
to create two new local historic districts, which two districts are smaller than the larger National
Historic Districts; and
WHEREAS, the Mayor and City Commission have implemented 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 has imposed a moratorium for that area; and
WHEREAS, as the conservation district regulations have not been drafted or implemented, the
City desires to implement a moratorium for the portions of the proposed conservation district that is
not currently subject to the Tatum Waterway Moratorium, or zoning in progress under the local historic
district designation process: 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
conservation district regulations; 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 the character of the remaining areas not
covered by the (a) Tatum Waterway moratorium or (b) zoning in progress for the local designation
areas, 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
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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 (11th 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
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 the following areas/properties: properties located between Tatum Waterway
Drive/Byron Avenue on the west and the eastern lot lines of lots fronting Abbott Avenue on the east
between 77th Street on the south and 86th Street on the north; the properties located between the
Tatum Waterway on the west and the eastern lot lines of lots fronting Abbot Avenue on the east
between 75th Street on the south and 77th Street on the north; the properties located at 8519, 8525,
and 8527 Crespi Boulevard; the properties fronting Normandy Drive from Rue Notre Dame on the
west to Bay Drive on the east; the properties fronting 71st Street from Rue Notre Dame on the west to
Bay drive on the east; the properties fronting the east side of Rue Versailles from 71st Street to Biarritz
Drive; the properties fronting Biarritz Drive from Rue Versailles on the west to Rue Vendome on the
3
east; the properties fronting Rue Vendome from 71st Street on the north to Brest Esplanade on the
south; the properties fronting Brest Esplanade; the properties fronting the west side of Bay drive from
Brest Esplanade on the south to 71st Street on the north; the properties fronting the east side of Bay
Drive from 71st Street on the south to the Normandy Waterway on the north.
The moratorium will not prevent or affect: (i) applications that have received a Land Use Board Order
issued prior to February 8, 2017; (ii) a building permit for demolition issued prior to February 8, 2017;
(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 conservation district 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 February 8,
2017.
PASSED and ADOPTED this / day of fil4rck , 2017.
•YOR
ATTEST:
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CITY [?
E PROVED AS TO
F• °> AND LANGUAGE
QQ & FOR EXECUTION
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City Attorne Date
First Reading:
Second Reading: ? I
Verified by:
Thomas Mooney, Al P
Planning Director
(Sponsored by: Commissioner Ricky Arriola)
Underscore denotes new language
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 1, 2017
10:10 a.m. Second Reading Public Hearing
SUBJECT: NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS
DEMOLITION MORATORIUM:
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 THE FOLLOWING AREAS/PROPERTIES: PROPERTIES
LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE
WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE
ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET
ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM
WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS
FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE
SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT
8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING
NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE
ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE
NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE
PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST
STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ
DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE
EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON
THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES
FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST
SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST
STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF
BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY
WATERWAY ON THE NORTH; 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, FEBRUARY 8, 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.
Page 412 of 1025
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 R9O). 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:
• 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 remained in effect for one hundred and eighty (180) days from the
effective date of July 13, 2016, and expired on 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. The
moratorium for Tatum Waterway is scheduled for Second Reading /Adoption on February 8, 2017,
and is retroactive to January 11, 2017.
PLANNING ANALYSIS
The proposed moratorium is an extension of the previous moratorium, and would apply to the
demolition of any "Contributing" structure within the areas identified for inclusion in the proposed
North Beach National Register Conservation Districts. Generally, this includes the areas of the
North Shore and Normandy Isles National Register Districts that were not included within the
proposed boundaries of the local historic districts.
The moratorium would not apply to applications that have received a Land Use Board Order or a
building permit for demolition prior to February 8, 2017, 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 February 8, 2017.
Page 413 of 1025
UPDATE
The subject ordinance was approved at First Reading on February 8, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Legislative Tracking
Planning /Office of the City Attorney
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
D Form Approved Ordinance
o Ad
Page 414 of 1025
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