2017-4156 OrdinanceTatum Waterway Conservation District Demolition Moratorium - Extension
ORDINANCE NO. 2017-4156
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE
MORATORIUM THROUGH JANUARY 31, 2018, 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
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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 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 extended the moratorium on demolition
permits through October 31, 2017, or adoption of the Conservation District regulations,
whichever is first; and
WHEREAS, the Planning Board has yet to provide a recommendation on the
Conservation District, but is scheduled to do so; and
WHEREAS, a short extension of the moratorium is necessary to ensure that zoning -in-
progress is triggcrcd by the Planning Board.
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, extended
through October 31, 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.
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SECTION 4. DURATION OF MORATORIUM. This Ordinance shall remain in effect through
January 31, 2018, unless earlier rescinded, repealed or extended by an Ordinance or
Resolution of the City Commission of the City of Miami Beach or the conservation district
ordinance is recommended favorably by the Planning Board, which recommendation would
trigger zoning -in- progress; whichever event is first.
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 /3 day of /Tri6'r , 2017.
ATTEST:
Rafael Granado, City
First Reading: October 31, 2017
Second Reading;, December 1 ;, 01
Verified by:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
tt t I(7
Thomas Mooney,
Planning Director
(Sponsored by: Commissioner Ricky Arriola)
Underscore denotes new language
City Attorney
Date
T:\AGENDA \2017 \12 - December \Planning \Tatum Waterway Demolition Moratorium Extension - Second Reading ORD.docx
4
MIAM
BEACI
Ordinances - R5 0
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 13, 2017
5:09 p.m. Second Reading Public Hearing
SUBJECT TATUM WATERWAY CONSERVATION DISTRICT DEMOLITION MORATORIUM -
EXTENSION:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH
JANUARY 31, 2018, 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 HAWTHORNS AVENUE FROM 77TH STREET TO CRESPI
BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI
BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND
PROPER-T -I • a ► c - _ • e _ REET 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 subject 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.
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 moratorium for Tatum Waterway was set to expire on or about July 11, 2017. On June 28, 2017,
the moratorium was extended to, and is set to expire on October 31, 2017.
PLANNING ANALYSIS
The proposed moratorium 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 origianl
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 January 31, 2018, unless earlier rescinded,
ed by an Ordnanc€ -or Resolut +onn -e— City- Commission. The ofdinancc is
proposed to be effective, RETROACTIVE, to October 31, 2017.
• -. 1 -. •
The proposed North Beach National Register Neighborhood Conservation District Overlay
Ordinance is scheduled to be considered by the Planning Board on October 24, 2017. Assuming
such ordinance is referred, First Reading before the City Commission would not be until December.
The proposed moratorium extension would coincide with Planning Board and Commission review of
the conservation district legislation.
UPDATE
The subject moratorium extension was approved at First Reading on October 31, 2017.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
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o Form Approved ORDINANCE - Tatum Demo Moratorium Extension
o Ad
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4A I Cowl
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MIANIIIERALD;COM
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
OCTOBER 31, 2017
NOTICE IS HEREBY given that the City Commission of the City of Miami Beach, Florida, will hold a Special City Commission Meeting on October 31, 2017
starting at 9:30 a.m., in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. The following Public Hearings
will be heard by the Mayor and City Commissioners at the times listed, or as soon thereafter as the matters can be heard:
9 :40 a,m. First Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO EXTENDING THE MORATORIUM
THROUGH JANUARY 31, 2018 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 778" STREET ON THE SOUTH AND 868"
STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS
FRONTING, ABBOTT AVENUE ON THE EAST BETWEEN 758'8 STREET ON THE SOUTH AND 77881 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 71S8 STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES.
FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71a8 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 71" STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF RAY DRIVE FROM
7188 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 WITHIN THE AFOREDESGRIBED
AREAS; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, OCTOBER 31, 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. Inquiries may be directed to the Planning Department at 305,673.7550 and /or the Office of the
City Attorney at 305.673.7470. Thie Ordinance is being hoard pursuant to Section 2.05 of the City Charter and 5166.04! FS.
9 :41 a m. First Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH
JANUARY 31, 2018, FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON
AVENUE FROM 77T" STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77" STREET TO CRESPI.
BOULEVARD, PROPERTIES LOCATED ON THE EAST SiDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85T" STREET, AND PROPERTIES
LOCATED ON THE NORTH SIDE OF 85" 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 PROVIS1ONS; AND PROVIDING FOR AN EXPIRATION DATE. inquiries maybe - directed to the
Planning Department at 305, 673, 7550 am / /or the Office of tha City Attorney at "305, 673.7470, This Ordinance is being heard pursuant suant to Section. 2.05 of the - City
Charter and 5166.041 ES,
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" Floor, City Hall, Miami Beach, Florida 33139. Copies or those items are available for public
inspection during normal business hours in the Ofiioe or the City Clerk, 1700 Convention Center - Drive, 1$' Floor, City Hall, Miami Beach, Florida 33139, This
meeting, or Any item herein, may be continued, and Under sUoh circumstances, additional legal notice need not be provided.
Members of the public may present audio/visual (AV) materials relating to Agenda Items at City Commission meetings held In the Commission Chamber by
utilizing the City's AV equipment, provided that materials are submitted to the Department of Marketing and Communications by 8 :30 A.M., one (I) business
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AV materials may be submitted via entail at oonnunications @miamibeaol fl.pov, or hand delivered in a jump drive, CD or DVD to: Attention: Attention:
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Pursuant to Seotion 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Gominission
with respects to any matter considered at its meeting or its heating, such person must ensure that a verbatim record of the proceedings is made,, Which'
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To view the other matters appearing on the Special City Commission Meeting of October 31, 2017, please visithtte:// www. rniamibeachfl .eov /cilvclork/scroll.asex?id =86429
Rafael E. Granado, City Clerk'
City of Miami Beach"
Ad No. 1426
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