20171213 AM1MIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL 1
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
December 13,2017
Mayor Dan Gelber
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael G6ngora
Com m issioner Kristen Rosen Gonzalez
Commissioner Mark Samuelian
Com missioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Gommission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists Iaws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
C4 - Commission Committee Assiqnments
C4 AC REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS THE
POTENTIAL OF DESIGNATING CERTAIN PROPERTIES AS GREEN REUSE AREAS PURSUANT
TO FLORIDA'S BROWNFIELDS REDEVELOPMENT ACT, IN ORDER TO NEGOTIATE AND
EXECUTE A BROWNFIELD SITE REHABILITATION AGREEMENT AND PREPARE AND FILE A
VOLUNTARY CLEANUP TAX CREDIT APPLICATION.
Environment and Sustainability
Addendum added on 1211112017
G7 - Resolutions
C7 AD A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN
THE CtTy COMMTSSTON MEMORANDUM ACCOMPANYTNG TH|S RESOLUTION) AND
APPROVING THE RENEWAL OF THE POLICE AND PARKING DEPARTMENT TOWING PERMITS
TO BEACH TOWING SERVICES, INC. AND TREMONT TOWING, INC., WITH SAID PERMITS
HAVTNG A THREE (3) YEAR TERM, COMMENCTNG ON MARCH 1, 2018 AND EXPIRING ON
FEBRUARY 28,2021,
Parking
Addendum added on 121712017
1
Addendum 1, December 13,2017 Commission Meeting
R5 - Ordinances
R5 AD AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, EXTENDING THE TEMPORARY MORATORIUM UNDER ORDINANCE 2017-4134,
THROUGH JANUARY 31,2018, ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE
oF ANy LAND DEVELOPMENT PERMTTS (AS THE TERM lS DEFINED lN SECTION 163.3164(16),
FLORIDASTATUTES), BUSINESS TAX RECEIPTS, ORANYOTHER LICENSE OR PERMIT FOR
THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES,
ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION
CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION
CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN
THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND
ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES
FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING
ORDINANCE PROVISIONS; AND PROVIDING FOR A CONTINUED EFFECTIVE DATE OF
FEBRUARY 8, 201 7 AND EXTENDING THE MORATORIUM THROUGH JANUARY 31, 201 8; FOR
ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST
READING OF THIS ORDINANCE.
First Reading Office of the City Attorney
Vice-Mayor John Elizabeth Alem6n
Addendum added on 121812017
R9 - New Business and Commission Requests
R9 V DISCUSSION OF THE WEST AVENUE RENOVATION PROJECT AND THE PROPOSED P23
GARAGE/HOUSING/RETAIL PROJECT AT 1623 WEST AVENUE.
Commissioner Kristen Rosen Gonzalez
Addendum added on 121712017
2
Commission Committee Assignments - C4 AC
MIAMI BEACH
TO:
FROM: Jimmy L. Morales, City Manager
DATE: December 13,2017
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS THE
POTENTIAL OF DESIGNATING CERTAIN PROPERTIES AS GREEN REUSE AREAS
PURSUANT TO FLORIDAS BROWNFIELDS REDEVELOPMENT ACT, IN ORDER TO
NEGOTIATE AND EXECUTE A BROWNFIELD SITE REHABILITATION AGREEMENT AND
PREPARE AND FILE A VOLUNTARY CLEANUP TAX CREDIT APPLICATION.
ANALYSlS
The Sustainability and Resiliency Comn$ttee referred a discussion to discuss the potential of designating certain properties as
green reuse areas pursuant to Florida's Brownfields Redevelopnent Act, in order to negotiate and execute a Brownfield Site
Rehabilitation Agreenent and prepare and file a voluntary cleanup tax credit application. The Conrnittee passed the referral with
a favorable recomrnendation with the understanding that designating contan{nated properties as green reuse areas will allow the
city to receive reimbursernent for assessnent and rernediation costs associated with bringing these properties into regulatory
conpliance.
Leoislative Trackinq
Environment and Sustainability
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
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4
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 13,2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH
lN THE CrrY COMMTSSION MEMORANDUM ACCOMPANYTNG TH|S RESOLUTION) AND
APPROVING THE RENEWAL OF THE POLICE AND PARKING DEPARTMENT TOWING
PERMITS TO BEACH TOWING SERVICES, INC. AND TREMONT TOWING, INC., WITH SAID
PERMTTS HAVTNG A THREE (3) YEAR TERM, COMMENCTNG ON MARCH 1, 2018 AND
EXPIRING ON FEBRUARY 28,2021.
RECOMMENDATION
Approve the Resolution extending the Police and Parking Departments Towing Permits to the "Permiilees", Beach Towing
Services, lnc. and Trennnt Towing Services, lnc., comrnencing on March 1,2018 and expiring on February 28,2021.
ANALYSIS
Vehicle inpoundnent is a traffic/parking nanagenent tool that allows for the renroval of a vehicle for either public safety reasons
or unauthorized use of a parking space. A byproduc't is that towing also serves as an educational tool and a disincentive for
illegalparking.
Chapter 106, Article V, Division 2 of the Miami Beach City Code, provides for the issuance by the Mayor and City Conrnission of
two (2) towing perndts for the towing of vehicles identified by the City as requiring rernoval from the public righlof-way.
On Novenber 14, 2012, the Mayor and City Conu'nission approved Resolution No. 2012-28069, issuing new Towing Permits to
the Pem$ttees which conrnenced on Decenber 1,2012 and epired on Novenber 30, 2015. On February 11 ,2015, the Mayor
and City Conrrission approved Resolution No. 201$28918, extending the Towing Permits issued to the Permittees,
comrencing on March 1,2015 and expiring on February 28,2018.
The Police Departrnent and Parking Departnpnt utilize Beach Towing Services, lnc. and Trernont Towing Services, lnc. for the
rennval of vehicles in the course of each department's duties. Moreover, both "Beach" and "Trerpnt" are the only qualifled
towing service providers who satisfy the permit requirenent for vehicle storage to be rnaintained within the city limits.
The altemative would require relaxation of this requirenent which would then allow vehicle storage in Miami-Dade County.
However, this is not recomnrended as visitors and/or residents would then be required to travel to the mainland to retrieve their
vehicle, causing nore delay, e)gense, and frustration to an already sornewhat traunratic e>perience. Although vehicle
impoundnent is a necessary tool in parking enforcernent and designed to be an incentive to park legally, the patron's vehicle
retrieval process should certainly be an efficient and expedient one.
CONCLUSION
The Adninistration recomnrends the Mayor and City Comnfssion adopt the Resolution approving an extension of the Police and
Parking Departnents Towing Permits to the "Permittees", Beach Towing Services, lnc. and Tremont Towing Services, lnc.,
conrnencing on March 1,2018 and expiring on February 28,2021.
Legislative Tracking
Parking
5
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
REGOMMENDATTON OF THE ClTy MANAGER (AS SET FORTH tN
THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS
RESOLUTTON) AND APPROVING THE RENEWAL OF THE pOLtCE
AND PARKING DEPARTMENT TOWING PERMITS TO BEACH
TOWING SERVICES, INC. AND TREMONT TOWING, INC., WITHsAtD PERMTTS HAVTNG A THREE (3) YEAR TERM,
COMMENCING ON MARCH 1,2018 AND EXPIRING ON FEBRUARY
28,2021.
WHEREAS, Article V, Division 2, Sections 106-211 through 106-222, of the Miami
Beach City Code, provides for the issuance by the City Commission of towing permits for the
towing of vehicles identified by the City as requiring removal from the public way (the Police and
Parking Department Towing Permits); and
WHEREAS, on January 11,2006, the Mayor and City Commission approved
Resolution No.2006-26100, issuing Towing Permits to Beach Towing Services, lnc., and
Tremont Towing, lnc. (collectively, the "Permittees") commencing on March 1, 2006, and
expiring on February 28,2009; and
WHEREAS, on January 28, 2009, the Mayor and City Commission approved
Resolution No. 2009-26999, extending the Towing Permits issued to Permittees commencing
on March 1, 2009, and expiring no later than August 31, 2009; and
WHEREAS, on July 22, 2009, the Mayor and City Commission approved Resolution
No. 2009-27151, extending the Towing Permits issued to Permittees, commencing on
September 1, 2009 and expiring on the earlier of August 31, 2011, or the date that Tremont
Towing, lnc. was required to vacate its then current premises for commencement of
construction of the Sunset Harbor Garage Project; and
WHEREAS, on July 13, 2011, the Mayor and City Commission approved Resolution
No. 2011-27689, extending the Towing Permits issued to Permittees, commencing on
September 1,2011, and expiring on December 31, 2Q11; and
WHEREAS, the term of the Towing Permits issued to Permittees expired on
December 31, 2011, and were extended on a month{o-month term through November 30,
2012; and
WHEREAS, on November 14, 2012, the Mayor and City Commission approved
Resolution No. 2012-28069, issuing new Towing Permits to Permittees, commencing on
December 1,2012and expiring on November30,2015; and
WHEREAS, on February 11,2015, the Mayor and City Commission approved
Resolution No. 2015-28918, extending the Towing Permits issued to Permittees, commencing
on March 1,2015 and expiring on February 28,2018; and
WHEREAS, the Permittees are the only two service providers which satisfy all the
requirements in the Miami Beach City Code and Administrative Rules and Regulations for the
Police and Parking Department Towing Permits, including the requirement to provide
vehicle storage facilities within the City limits; and
6
WHEREAS, the removal of improperly parked and disabled vehicles from the public
way is a necessary tool for the Police Department and Parking Department to properly manage
traffic and parking throughout the City; and
WHEREAS, pursuant to Section 106-214 of the City's Code, the City Manager has
reviewed the Permittees' application and considered all relevant factors, and recommends the
approval of two (2) permits and the renewal of Permittees for said permits.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager (as set forth in the City
Commission Memorandum accompanying this Resolution) and approve the renewal of the
Police and Parking Department Towing Permits to Beach Towing Services, lnc. and Tremont
Towing, lnc., with said perrynits having a three (3) year term, commencing on March 1,
2018 and expiring on February 28,2021.
PASSED and ADOPTED this day of December, 2017.
ATTEST:
DAN GELBER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
JLM/KGB/SF
T:\AGENDA\201 7\DecembeAParking\TowingPermitExtension. reso.docx
APPROVED AS TO
FORM & LANGUAGE
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8
Ordinances - R5 AD
COMMISSION MEMORANDUM
Homrable Mayor and Members of tle Gity Commission
Rad Aguila, City Attorney
December 13,2017
MIAMIBEACH
TO:
FROM:
DATE:
First Reading
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, EXTENDING THE TEMPORARY MORATORIUM UNDER ORDINANCE 2A17-41U,
THROUGH JANUARY 31,2018, ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE
OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN SECTION
163.31M(16), FLORTDA STATUTES), BUSTNESS TAX RECETpTS, OR ANY OTHER LTCENSE OR
PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING
FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL
DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL
MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES
ASSOCIATED WITH SUCH USES, WITHIN THE CITY IN ORDER TO PROVIDE THE CITY
WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS
GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF;
PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS;
AND PROVIDING FORA CONTINUED EFFECTIVE DATE OFFEBRUARY 8, 2017 AND
EXTENDING THE MORATORIUM THROUGH JANUARY 31, 2018; FOR ZONING lN PROGRESS
PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS
ORDINANCE.
RECOMMENDATION
Please see attached Mernorandum.
Leoislative Trackino
Office of fie City Attorney
Soonsor
Vice-Mayor John Elizabeth Aleman
ATTAGHMENTS:
Description
o Mernorandum
Ordinance
9
MIAMIBEACH
Clty of Mlaml Boach, 17oo Convention Center Drive, Mlami Beach, Florida 33139, www.mlamibeachfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
FRoM: RaulAguila, City Attorn .t tW\tl
DArE: December 13,2017
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE Clry
OF MIAMI BEACH, FLORID.A, EXTENDING THE TEMPORARY
MORATORIUM UNDER ORDINANGE 2017.4134, THROUGH JANUARY 31,
2018, ON THE ACCEPTANGE, REVIEW, APPROVAL, OR ISSUANCE OF
ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN
sEcTloN 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS,
OR ANY OTHER LIGENSE OR PERMIT FOR THE ESTABLISHMENT OR
opERATtoN oF ADULT CONGREGATE LIVING FAGILITIES, ASSISTED
LIVING FAGILITIES, GRISIS STABILIZATION UNITS, RESIDENTIAL
DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND
RESIDENTIAL MEDIGAL REHABILITATION GENTERS, AND ANY SIMILAR
OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE
CIry, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO
REVIEW AND ENAGT DEFINITIONS AND REGULATIONS GOVERNING
SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF;
PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING
ORDINANCE PROVISIONS; AND PROVIDING FOR A CONTINUED
EFFECTIVE DATE OF FEBRUARY 8, 2017 AND EXTENDING THE
MORATORIUM THROUGH JANUARY 31, 2018; FOR ZONING IN
PROGRESS PURPOSES, THIS ORDINANGE SHALL BE EFFECTIVE UPON
FIRST READING OF THIS ORDINANCE.
ADMINISTRATION REGOMM EN DATION
The City Attorney's Office and the City Administration recommends that the City
Commission approve the subject Ordinance at First Reading and set a Second Reading
Public Hearing. The effective date of the ordinance shall be retroactive to First reading.
HISTORY
On February 8,2017, the City Commission approved a six month temporary moratorium
on the issuance of any land development permits, business tax receipts or any other
license or permit for the establishment or operation of adult congregate living facilities
(ACLF). ln addition to ACLF's, the moratorium applies to assisted living facilities, crisis
stabilization units, residential detoxification centers, community residential homes, and
residential medical rehabilitation centers, and any similar or derivative uses associated
10
Commission Memonndum
Assisted Living Facility and Medical Use Moratoium
December 13, 2017 Page 2 of 3
with such uses. As the City was continuing to work on the draft ordinance, the City
Commission extended the temporary moratorium through December 31, 2017. lf the
underlying medical use ordinance were adopted prior to December 31, 2A17, then, the
moratorium would expire on that earlier date.
The City Commission, as can be seen from the delineated history below, was scheduled
to adopt the medical use ordinance on October 18, 2017, and then was postponed to
October 31,2017. Ultimately, the item was deferred to December 13, 24fi.
As seen in the Letter to the City Commission (LTC 586-2017), the Miami Herald
erroneously advertised the second reading, public hearing on the City's medical use
ordinance in the Northwest Version of Neighbors and not the Beaches' Neighbors
section. As such, the advertising for second reading, public hearing scheduled for
December 13,2017 is defective and the item was must deferred until the January City
Commission meeting. Based upon the foregoing, and as the moratorium will expire on
December 31,2017, the City Commission is urged to extend the moratorium, retroactive
tofirst reading on December 13,2017, through January 31,2018. Thiswould prevent
any "gap" in the existing moratorium and allow the City to implement the medical use
ordinance during the City Commission's January commission meeting.
Underlvinq Ordinance that is the purpose for the Moratorium
On February 8,2017, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred an item relating to medical uses to the Land Use and Development
Committee (ltem C4K). On February 15, 2017, the Land Use and Development
Committee discussed the medical use item and continued it to March 8,2017. On
March 8, 2017, the ,Land Use and Development Committee discussed the iteir and
continued it to the April '19, 2017 meeting.
On April 26,2017, the City Commission referred the medical use ordinance to the Health
Advisory Committee for discussion and recommendation (ltem C4E). On May 15,2017,
the Health Advisory Committee discussed the item and recommended that it have a
workshop to review the proposal in further detail prior to making a recommendation.
On June 14,2017, the Land Use and Development Committee discussed the medical
use ordinance and took no action, On June 19,2017, the Health Advisory Committee
held a workshop and recommended that the medical use ordinance incorporate the
modifications provided in an attached handout.
On June 28,2017 , the City Commission referred the proposed medical use ordinance to
the Planning Board for review and recommendation (ltem C4A). The medical use
ordinance was passed on first reading during the September 18, 2017 meeling of the
City Commission. Second reading, public hearing, was scheduled for October 18th, then
October 31tt, and, ultimately, continued to December 13, 2017.
BACKGROUND
The City has identified the need to update the City Code as it pertains to definitions and
regulations for crisis stabilization units, residential detoxification centers, community
11
t
Commission Memorandum
Assided Living Facility and Medical Use Moratorium
December 13, 2017 Page 3 of 3
residential homes, and residential medical rehabilitation centers. Additionally, the term
adult congregate living facility (ACLF) has become obsolete and, as currently defined in
the City Code, needs to be updated to conform to state law. In addition to replacing the
obsolete term ACLF'with "assisted living facility," the City Code needs to be revised to
include proper licensure requirements and to comply with state law requirements. The
moratorium extension ensures that the Gity addresses the above zoning concerns and
that the City is not processing applications that would be inconsistent with the proposed
medical use zoning ordinance.
GONCLUSION
The Administration recommends that the City Commission approve the subject
Ordinance at First Reading and set a Second Reading Public Hearing for October 31,
2017. The effective date of the ordinance would be upon first reading. The moratorium
extension would be through January 31,2018.
12
ORDINANCE NO
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE GITY
oF MIAMI BEACH, FLORIDA, EXTENDING THE TEMPORARY
MORATORIUM UNDER ORDINANCE 2017-4134, THROUGH JANUARY
31,2018, ON THE AGGEPTANCE, REVIEW, APPROVAL, OR ISSUANCE
OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN
SEGT|ON 163.3{64({6), FLORIDA STATUTES), BUSINESS TAX
RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE
ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING
FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION
uNtrs, RESIDENTIAL DETOXIFIGATION GENTERS, COMMUNITY
RESIDENTIAL HOMES, AND RESIDENTIAL MEDIGAL REHABILITATION
CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED
WTH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY
WTH AN OPPORTUNIW TO REVIEW AND ENACT DEFINITIONS AND
REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR
ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY;
REPEALER OF GONFLIGTING ORDINANCE PROVISIONS; AND
PROVIDING FOR A CONTINUED EFFECTIVE DATE OF FEBRUARY 8,
2017 AND EXTENDING THE MORATORIUM THROUGH JANUARY 31,
2018; FOR ZONING lN PROGRESS PURPOSES, THIS ORDINANGE
SHALL BE EFFEGTIVE UPON FIRST READING OF THIS ORDINANGE.
WHEREAS, on March 1,2017, the Mayor and City Commission enacted Ordinance
20174073, which initiated a six (6) month moratorium relating to the following types of uses:
adult congregate living facilities, assisted living facilities, crisis stabilization units, residential
detoxification centers, community residential homes, and residential medical rehabilitation
centers, and any similar or derivative uses associated with such uses, within the jurisdictional
boundaries of the City; and
WHEREAS, thereafter, the moratorium was extended to December 31 ,2017 in order to
complete the analysis and review of the various medical uses; and
WHEREAS, the moratorium is set to expire December 31,2017; and
WHEREAS, second reading of the underlying substantive ordinance is scheduled for
second reading on December 13, 2017, however, the Miami Herald did not properly advertise
second reading, and the curent moratorium expires on December 31, 2017; and
WHEREAS, due to the need to re-advertise second reading, public hearing, additional
time is needed to implement the regulations and, the Gity, therefore, seeks to extend the
moratorium through January 31, 2018; and
WHEREAS, the Mayor and City Commission have recognized the need for a temporary
moratorium on the acceptance, review, approval or issuance of any land development permits,
as defined in section 163.3164(16), Florida Statutes, business tax receipts or any other license
or permit for the establishment or operation of adult congregate living facilities, assisted living
facilities, crisis stabilization units, residential detoxification centers, community residential
13
homes, and residential medical rehabilitation centers, and any similar or derivative uses
associated with such uses, within the jurisdictional boundaries of the City; and
WHEREAS, the City has not deflned crisis stabilization units, residential detoxification
centers, community residential homes, and residential medical rehabilitation centers, and any
similar or derivative uses associated with such uses; and
WHEREAS, the term adult congregate living facility is obsolete and should be updated
to conform to state law, by replacing the obsolete term with "assisted living facility," and the City
Code should be updated to include proper licensure requirements and to comply with state law
requirements; and
WHEREAS, the City desires to provide for such uses, in appropriate locations, but the
City must first complete a zoning and planning analysis to determine the locations best suited
forsuch uses; and
WHEREAS, as in WCI Communities, lnc. v. City of CoralSprings, 885 So. 2d 912 (Fla.
4th DCA 2OA4), a court will not interfere with the legislative act of establishing a temporary
moratorium in processing plans 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. ld.; Smithfield
Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st Cir. 1990);
and
WHEREAS, the flrst step in ensuring the proper enactment of a moratorium, is to ensure
that the City's legislation 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
amendments to the land development regulations to provide for and regulate the location of said
uses; and
WHEREAS, the Mayor and City Commission desire to encourage compatible uses
within the various zoning districts in order to provide for the needs of the community; and
WHEREAS, the Comprehensive Plan may require amendment to ensure the proper
location for said uses, and the list of permitted, conditional, and prohibited uses, must be
amended in the City's land development regulations; and
WHEREAS, siting of said uses must take into consideration the existing and proposed
infrastructure, accessibility to emergency and public service vehicles, and proximity to public
safety and public facilities; these considerations are critical for the City to ensure the health,
safety and welfare of the City's residents and visitors; and
WHEREAS, the City Commission realizes that all these changes may have a
consequence of increasing demand for City services; and
14
WHEREAS, the City requires time to review, consider, modify, process for adoption, and
implement regulations pertaining to the referenced zoning districts, and to evaluate the extent
that the existing zoning/land development regulation are effectively implementing the various
uses; and
WHEREAS, the Gourts have recognized that a temporary moratorium is an important
Iand-use planning tool as a means of preserving the status quo during the planning process to
ensure that 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
conoern about the effect of the proposed development on traffic, on congestion, on surounding
property values, on demands for City services, and on other aspects of the general welfare.
WCI Communities, lnc., 885 So.2d at 915; Corn v. City of Lauderdale Lakes,997 F.2d 1369,
1375 (11th Cir. 1993); and
WHEREAS, in order for an ordinance to apply retroactively (1) there must be clear
evidence of legislative intent to apply the law retroactively, and (2) when allowed, the retroactive
application must be constitutionally permissible, in that the new law may not create new
obligations, impose new penalties, or impair vested rights. Jaslhski v. City of Miami,269 F.
Supp. 2d 1341 (S.D. 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. /d.; and
WHEREAS, the moratorium proposed herein is not the retroactive application of a tax;
and
WHEREAS, by enacting this Ordinance, the City is not interfering with any vested right
obtained as a result of a final order from a City Land Use Board, or any permit already obtained
under the Florida Building Code; and
WHEREAS, the Mayor and City Commission desire to extend the moratoriurn on the
acceptance, review, approval or issuance of any land development permits, as defined in
section 163.3164(16), Florida Statutes, business tax receipts or any other license or permit for
the establishment or operation of adult congregate living facilities, assisted living facilities, crisis
stabilization units, residential detoxification centers, community residential homes, and
residential medical rehabilitation centers, and any similar or derivative uses associated with
such uses, within the jurisdictional boundaries of the City through January 31, 2018.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION OF
THE GIry OF MIAMI BEACH, FLORIDA:
SECTION {. REGITALS. 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. The moratorium authorized under Ordinance 20174134,
that was set to expire on December3l; 2017, is hereby extended through January 31, 2018.
The imposed moratorium shall be on the acceptance of appJications for or the processing of, or
the acceptance, review, approval or issuance of any land development permits, as defined in
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section 163.3164(16), Florida Statutes, business tax receipts or any other license or permit for
the establishment or operation of adult congregate living facilities, assisted living facilities, crisis
stabilization units, residential detoxification centers, community residential homes, and
residential medical rehabilitation centers, and any similar or, derivative uses associated with
such uses, within the jurisdictional boundaries of the City.
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. GONSTRUCTION. This Ordinance is to be liberally construed to accomplish its
objectives.
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.
SECTION 5. SEVERABILIry. lf any clause, section or other part of this Ordinance shall be hetd
invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
Ordinance shall not be affected thereby, but shatl remain in fullforce and efiect.
SECTION 6. REPEALER. All ordinanoes or parts of ordinances and all section and parts of
sections in conflict herewith be and the same are hereby repealed.
SEGTION 7. EFFEGTIVE DATE. This Ordinance shall be effective, retroactively, as of
February 8,2017.
PASSED and ADOPTED this day of 2018.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
First Reading: December 13,2017
Second Reading: January _,2018
Verified by:
Thomas Mooney, AICP
Planning Director
(Sponsored by: Vice-Mayor John Elizabeth Alemdn)
Underscore denotes new language
FORM &
& FOR '_*ilo
Dote
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APPROVED AS TO
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New Business and Commission Requests - R9 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor ard Members of tl'E City Commission
FROM: Commissioner Kristen Rosen Gorualez
DATE: December 13,2017
SUBJECT: DISCUSSION OF THE WEST AVENUE RENOVATION PROJECT AND THE PROPOSED P23
GARAG E/HO USI NG/RETAI L PRO J ECT AT 1 623 WEST AVENUE.
ANALYSIS
Ptease place a discussion item on December 13, regarding the West Avenue renovation project and the proposed P23
Garage/Housing/Retail pro.iect at 1623 West Avenue. The West Avenue neighbors have expressed their concern.
See attached enrail from Ms. Gayle Durham.
Legislative Tracking
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
a Ernail from Gayle Durham
17
Granado, Rafael
From:
Sent:
IO:
Subject:
Rosen Gonzalez, Kristen
Wednesday, December 06,2017 4:09 PM
Granado, Rafael
Fwd: Pause West Ave Improvement Project & Lot P23
Can you please place this email on the agenda as a discussion item.
Kristen Rosen Gonzalez
City of Miami Beach Commissioner
305-965-4725
Begin forwarded message:
From: Gayle <cfsvstems0l@cfsvst >
Date: December 6,2077 at 8:50:12 AM EST
To: Commissioner John Aleman <JohnAleman@miamibeachfl,gov>, "Commissioner Kristen Rosen
G onzalez" <Kristen@miamibeachfl.gov>, " Commissioner Mark Samuelia n"
<MarkSarnuelian@miamibeachfl,gov>, Comm issioner Michael Gongora
<MichaelGongora@miam ibeachfl.sov>, Com missioner M icky Steinberg
<MickvSteinbere@miamibeachfl.sov>, Commissioner Ricky Arriola <RickvArriola@miamibeachfl.sov>,
Mayor Dan Gelber <DanGelber@miamibeachfl.eov>
Cc: Jimmy Morales City Manager <JimmvMorales@mia >, "'WAvNA - West Avenue
Neighborhood Association"' <wavna305@gmail.com>
Subject: Pause West Ave lrnprovement Project & Lot P23
Attn; Mayor and City Commission
RE: Resistance Aeainst West Ave Improvement Phase II
We are encouraged that there will be a review of plans to mitigate sea level rise. We hope that
review pauses the West Ave renovation project since circumstances have changed, 1) there is
no guarantee that street raising will not cause flooding inside our homes, 2) a pedestrian UN-
friendly surprise design sprung uporl us at Nov 14th Town Hall rneeting adds i "third lane" which
is a continues turn lane from 8th Street to Lincoln Rd.
RE: 1623 West Ave" Garage/Housing/Retail
Originally the commissioned voted for a surface parking lot with minor landscaping and
reconfiguration renovations. Over the past 2 years, with zero neighborhood input, these plans
have spun out of control. Now a75 ft. tall garuge with housing. Last I heard, housing only for
employees who work for the city of Miami Beach?
Any renovation at LotPZ3 must be re-examined because development of surrounding private
properties is moving quickly. Last week entire 1600 block of Alton Rd was sold; numerous
garages and housing are under development; a new streetscape design just revealed 150 street
parking spaces will be eliminated, etc , etc.
Thank you for your consideration.
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Regards,
Gayle Durham
1455 West Ave, Miarni Beach
c 305.812.s331
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