2017-4108 Ordinance North Beach Tatum Waterway Conservation District Demolition Moratorium
ORDINANCE NO. 2017-4108
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH
OCTOBER 31, 2017, 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;
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 (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
2
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 City requires a limited amount of additional time, as the original
moratorium is scheduled to expire on July 7, 2017, and although great progress has been
made, including by the North Beach Steering Committee, but additional time is needed to obtain
a consensus, and finalize the new draft regulations; and
WHEREAS, the Mayor and City Commission desire to extend the moratorium on
demolition permits through October 31, 2017, or adoption of the Conservation District
regulations, whichever is first.
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. On February 8, 2017, the City Commission enacted
Ordinance, 2017-0471, which provided a six month moratorium through July 8, 2017, and which
moratorium is being extended through this Ordinance. The imposed Moratorium shall apply to
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 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 through
October 31, 2017, 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.
PASSED and ADOPTED this d8 day of TGfl2 , 2017.
3
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Philip Levine,
Mayor!" i'.'
ATTEST: ,'
Rafael E. Gran do i
City Clerk
Approved as to
First Reading: June 7, 2017 form and language
Second Reading:
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&for executi
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/ City Attorne Date
Verified by:
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Thrmas ' coney, Al'''
Planning Director
(Sponsored by: Commissioner Ricky Arriola)
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Ordinances - R5 A
MIAMI BCH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 28, 2017
5:01 p.m. Second Reading Public Hearing
SUBJECT: NORTH BEACH TATUM WATERWAY CONSERVATION DISTRICT DEMOLITION
MORATORIUM:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH
OCTOBER 31, 2017, 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; 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:
• 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,
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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 originally approved, the moratorium remained in effect for one hundred and eighty (180) days from
the effective date of July 13, 2016, which was 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 an
additional 6 months (180 days). On February 8, 2017, this 180 day extension was adopted,
retroactive to January 11, 2017. The current moratorium is set to expire on or about July 11, 2017,
unless extended.
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 until October 31, 2017, unless earlier rescinded,
repealed or extended by an Ordinance or Resolution of the City Commission. The ordinance is
proposed to be effective, RETROACTIVE, to June 7, 2017.
The proposed North Beach National Register Neighborhood Conservation District Overlay
Ordinance is scheduled to be referred to the Planning Board on June 7, 2017. Assuming such
ordinance is referred, First Reading before the City Commission would not be until July or
September. The proposed moratorium extension would coincide with Planning Board and
Commission review of the conservation district legislation.
UPDATE
The subject moratorium was approved at First Reading on June 7, 2017.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning Department
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
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Description
D Ordinance
D Ad
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2ONF NEIGHBORS iiHuksm JUNI 15 Z017
MIAMIHERAID COM
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE EXTENDING
THE NORTH BEACH TATUM WATERWAY
CONSERVATION DISTRICT DEMOLITION
MORATORIUM
June 28, 2017
NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission
of the City of Miami Beach. Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 501 p.m., or as soon
thereafter as the matter can be heard,to consider.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017,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 05TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 135TH
STREET BETWEEN CRESFI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY
MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR
PENDING APPROVALS PERTAIN ING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY;
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.
This Ordinance is being heard pursuant to Section 2,05 of the CO Charter and §166.041 F.S.
Inquiries may be directed to the Planning Department at 305.673.7550.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or
to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1Floor,City Hall,Miami Beach, Florida 33139.This'tern Is available
for public inspection during normal business hours In the City Clerk's Office,1700 Convention
Center Drive, 1-°Floor,City Hall, Miami Beach,Florida 33139.This Item may be continued,and
under such circumstances,additional legal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that If a person
deckles to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure 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 constitute 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.
To request this material In alternate format,sign language Interpreter(five-day notice required),
information on access for persons with disabilities,and/or any accommodation to review any
document or participate In any City-sponsored proceedings, call 305.604.2489 and select 1
for English or 2 for Spanish,then option 6;TTY users may call via 711 (Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach
Ad 1346
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