2001-3341 ORDORDINANCE NO. 2001-3341
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 FROM JANUARY 1, 1999
TO THE PRESENT, AS A PERMITTED PROVISIONAL LOT
WITH CONDITIONAL USE APPROVAL; THE MORATORIUM
SHALL AUTOMATICALLY DISSOLVE UPON THE EARLIER
OF MAY 1, 2002 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 January 1, 1999 to the present
as a permitted provisional lot with conditional use ~pproval; and
WHEREAS, the moratorium contemplated by this Ordinance shall automatically
dissolve upon the earlier of May 1,2002 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 Ddve 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 January 1, 1999 to the present,
as a permitted provisional lot with conditional use approval, and.
(b) the temporary moratorium shall automatically dissolve upon the eadier
of May 1,2002 or upon the adoption of amendments to the Miami Beach City
Code relating to parking lots on Ocean Drive.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
19th ~
da of n er
,2001.
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING ON
TEMPORARY MORATORIUM
*,aimliP-
NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida,
on Wednesday, December 19, 2001, at 3:00 p.m., in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida.
During this meeting the City Commission will hold a second reading, public hearing to consider the following:
AN ORDINANCE 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 FROM JANUARY 1, 1999 TO THE PRESENT, AS A PERMITrED PROVISIONAL LOT WITH
CONDITIONAL USE APPROVAL; THE MORATORIUM SHALL AUTOMATICALLY DISSOLVE UPON THE EARLIER OF MAY 1,2002 OR
UPON THE ADOPTION OF AMENDMENTS TO THE MIAMI BEACH CITY CODE RELATING TO PARKING LOTS ON OCEAN DRIVE.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
ALL 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, 1 st Floor, City Hall, Miami Beach, Florida 33139.
Copies of this ordinance are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention
Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parchef, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the'City hereby advises the public that: if a person decides 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.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this
proceeding should contact the City Clerk's office no later than four days prior to the proceeding, telephone (305) 673-7411 for
assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for
assistance.
(Ad # 0069)
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance 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
from January 1999 to the present, as a permitted provisional lot with conditional use approval; the
moratorium shall automatically dissolve upon the earlier of May 1, 2002 or upon the adoption of
amendments to the Miami Beach City Code relating to parking lots on Ocean Drive.
ISSUe:
.ots pending adoption of .dment to and
Item Summary/Recommendation:
Moratorium on enforcement of regulations of parking lots pending adoption of Amendment to Land
Development Regulations in April 2002 to allow parking on Ocean Drive where parking is not permitted as
a main use and lots such as the lot 1458 Ocean Drive will be permitted to continue to operate.
Advisory Board Recommendation:
;N/A
FInancial Information:
Amount to be expended:
Source of
Funds:
Finance Dept.
N/A
Jorge Gomez Christin~.Cuervo '~~
DATE r'.z-l '-OI
·
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTtON CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.rniami-beach.fl.us
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and
Members of the City Commission
DATE: December 19, 2001
FROM:
SUBJECT:
Jorge M. Gonzalez ~ ~ SECOND READING
City Manager PUBLIC HEARING
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 FROM JANUARY 1999 TO THE PRESENT, AS A PERMITTED
PROVISIONAL LOT WITH CONDITIONAL USE APPROVAL; THE
MORATORIUM SHALL AUTOMATICALLY DISSOLVE UPON THE
EARLIER OF MAY 1, 2002 OR UPON THE ADOPTION OF AMENDMENTS
TO THE MIAMI BEACH CI'I~Y CODE RELATING TO PARKING LOTS ON
OCEAN DRIVE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on Second Reading/Public Hearing.
ANALYSIS
On June 6th, at the regular Commission meeting, the City Commission expressed its
favorable sentiments regarding the continuing 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 advised 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 began 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. Therefore it was deemed that a temporary moratorium on the
enforcement of provisional parking lots should be proposed until the City had an
opportunity to review the licensing regulations and proposed policy changes.
December fg, 2001
Commission Memorandum
1456 Ocean Drive
Page 2 of 2
In connection therewith, on June 27 and July 18, 2001 the Mayor and City Commission
adopted an Ordinance establishing a temporary moratorium on the enforcement of the
operation of provisional parking lots on Ocean Drive as main permitted uses while the
Planning Board considered an amendment to the City Code to permit parking as a main
permitted use on Ocean Drive under certain circumstances.
On August 28, 2001, the Planning Board held a public headng and voted unanimously to
recommend to the City Commission not to approve the amendment to the Ordinance. On
September 20, 2001, the Mayor and City Commission did not adopt a resolution to set the
public hearing to consider the proposed amendment to allow parking as a main permitted
use on Ocean Drive.
On October 17, 2001, the property owner at 1458 Ocean Drive appeared before the Mayor
and City Commission to request an extension of time to allow his property to continue to
be utilized as a parking lot on Ocean Drive. The Mayor and City Commission indicated
their favorable sentiment to continue the aforementioned moratorium for six months and
set a public hearing to consider the amendment to the land development regulations at the
first City Commission meeting in April 2002. Pending consideration of said legislation, it
is deemed that it is in the best interest and welfare of the City to extend the 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.
On November 28, 2001, the Mayor and City Commission adopted the moratorium on first
reading.
Such moratorium is presented for your consideration on Second Reading/Public Hearing
for adoption of the moratorium ordinance. Such moratorium should extend through May
1, 2002, 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 City
Commission in April 2002.
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