Loading...
RESOLUTION 93-20814 Y • RESOLUTION NO. 93-20814 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 89-2665, AMENDING SECTION 14, ENTITLED "CHANGES AND AMENDMENTS" BY ADDITION OF SUBSECTION 14-7 , ENTITLED "PROPOSED ZONING ORDINANCE AMENDMENTS-ZONING-IN-PROGRESS MORATORIA ON PERMITS AND APPROVALS", PROVIDING FOR MORATORIA REGARDING THE GRANTING OF APPROVALS AND BUILDING PERMITS WHICH WOULD BE PROHIBITED BY ENACTMENT OF A ZONING ORDINANCE AMENDMENT RECOMMENDED BY THE CITY'S PLANNING BOARD; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: WHEREAS, the City' s Planning, Design and Historic Preservation Division has recommended that Section 14 , entitled "Changes and Amendments" of Comprehensive Zoning Ordinance No. 89-2665 be amended by addition of Subsection 14-7 , entitled "Proposed Zoning Ordinance Amendments-Zoning-In-Progress Moratoria On Permits And Approvals" , providing for moratoria regarding the granting of approvals and building permits which would be prohibited by enactment of a zoning ordinance amendment recommended by the City' s Planning Board; and WHEREAS, on May 24 , 1993 , the City' s Planning Board considered the aforesaid proposed amendment and the five members present voted unanimously in favor of said amendment; and WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89- 2665, the proposed amendment must now be considered by the City Commission at public hearings. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider an ordinance amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 14 , entitled "Changes and Amendments" by addition of Subsection 14-7 , entitled "Proposed Zoning Ordinance Amendments-Zoning-In-Progress Moratoria On Permits And Approvals" , providing for moratoria regarding the granting of approvals and building permits which would be prohibited by enactment of a zoning ordinance amendment recommended by the City' s Planning Board; providing for repealer, severability and an effective date, is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall , 1700 Convention Center Drive, Miami Beach, Florida on July 14 , 1993 , beginning at 3:30 p .m. , and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearings in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 16th day of June , 1993 . OP ATTEST: 411111 11 MAYOR E. CITY CLERK SWS:scf:disk2.mort14-7.res FORM APPROVED LEGAL DEPT. By -SID Date -5-211.._.±1.•11 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. TO: Mayor Seymour Gelber and DATE: JUNE 16, 1993 Members of the City Commission FROM: Roger M. Carlt•O City Manager SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665 PROVIDING FOR AN EFFECTIVE DATE REGARDING MORATORIA ON BUILDING PERMITS AND APPROVALS WHICH WOULD BE PROHIBITED BY ENACTMENT OF AMENDMENTS RECOMMENDED FOR APPROVAL BY THE PLANNING BOARD TO THE ZONING ORDINANCE OR COMPREHENSIVE PLAN - SETTING OF PUBLIC HEARINGS ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set a date and times for these two companion amendments to Zoning Ordinance 89-2665. BACKGROUND The City Administration is requesting consideration of two successive amendments to Section 14 (Changes and Amendments) of Zoning Ordinance 89-2665. Specifically, the amendments would establish moratoria on the issuance of building permits for projects which would be prohibited if a proposed amendment to the Zoning Ordinance or Comprehensive Plan were adopted. Said moratoria would commence upon a favorable recommendation by the Planning Board on a proposed amendment and would extend for a period of up to 90 days. Any project that has a validly issued building permit, variance approval or Design Review approval or has a bonafide application in place for such approvals prior to a favorable vote by the Planning Board on an amendment, would not be effected by the declaration of such a moratorium. ANALYSIS While the City of Miami Beach has up until now administratively determined when a building project is, or is not, affected by a change or an amendment to the Zoning Ordinance or Comprehensive Plan, there has not been a codification of this procedure, thereby creating areas of ambiguity and confusion. Since a pending development project may be incompatible with the spirit and intent of a proposed amendment to the Zoning Ordinance or Comprehensive Plans, it is critical that a moratorium of a limited duration be put in place to prevent such projects from moving forward until a final decision is made on such a proposed amendment by the City Commission. By limiting the moratoria to 90 days, this should ensure that the approval process would proceed in a swift and timely manner and that it would not be used as a means to prevent indefinitely certain types of development. 14 AGENDA ITEM DATE r' • Additionally, the proposed amendments to the Zoning Ordinance recognize that those projects which have started through the required local approvals should be "grandfathered in" and not be affected by any Zoning or Comprehensive Plan amendment in process. Therefore, projects which have made application for approvals related to obtaining a building permit, including design review and zoning variances approvals, would not be subject to a moratorium. Furthermore, any project with all such approvals already in place would likewise not be subject to a moratorium. CONCLUSION Based on the foregoing, the Administration believes the proposed amendments to the Zoning Ordinance to be necessary in establishing policy and clarifying the issue as to what point in the development review process a building project would be subject to the provisions of a proposed amendment to the Zoning Ordinance or Comprehensive Plan. The Planning Board, at its meeting of May 25, 1993 , recommended unanimous approval of the two amendments. Accordingly, we have concluded that the City Commission should proceed to approve resolutions setting a date and times for the first readings of these two companion amending ordinances. a2:\pb\moratoria.93 15 RESOLUTION NO. 93-20814 Calling a public hearing to consider adopting an ordinance amending Comprehensive Zoning Ordinance 89-2665, amending §14, entitled "Changes and Amendments", by addition of subsection 14-7, entitled "Proposed Zoning Ordinance Amendments-Zoning-In-Progress Moratoria On • - Permits and Approvals", . . . . . omm • ammw . . _ . . . _ . _ . ,„ . _ . ao, "mullammomiimr, • Ilipmr