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Home My WebLink AboutFR Legislation DRAFTJ-04-020 02/02/04 ORDINANCE NO. DRAFT AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 120-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 85 FEET (COMMERCIAL) OR 95 FEET (RESIDENTIAL) IN HEIGHT FOR THAT AREA LOCATED IN AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT OF THE ZONING ORDINANCE AND ZONING ATLAS OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Biscayne Boulevard Corridor ("Corridor"), in general, and the Upper Eastside and Edgewater Communities, in particular, are experiencing a metamorphosis accompanied by intense redevelopment activity; and WHEREAS, the City has determined that there is a need to study the area and develop architectural, Urban Design and Streetscape Guidelines for the Corridor; and WHEREAS, the City retained the Town Planning and Urban Design services of Hellmuth, Obata and Kassabaum, Inc. HOK Planning Group, New Urban Studio ("HPG-NUS") to assist the Planning Department in the Biscayne Boulevard Corridor Study ("Study"); and WHEREAS, the scope of the Study is to develop the Vision Regulating Plan for the Biscayne Boulevard Corridor (from 1-395 to the South of Northeast 87th Street to the North) that would establish a consistent look and feel for this section of the Corridor and its immediate environs, including the subject Upper Eastside and the Edgewater communities; and WHEREAS, the study will include full-blown neighborhood Charrettes and production of "Vision Plans" as well as a "Regulating Plan" portion of the Vision Plan relating to urban and architectural guidelines, which together with the Envisioned Urban and Architectural Guidelines, will form a Design Code; and WHEREAS, the Design Code's Urban Guidelines component will describe disposition, function and configuration as they relate to their specific urban zones, catalog recommended building types and illustrate (for each type): building setbacks, parking locations, street cross sections (illustrating both sides of the Corridor, detailing setbacks, encroachments, heights, permissible users and special conditions), frontage requirements, etc.; and Page 2 of 8 WHEREAS, the Design Code will include Architectural Guidelines, as descriptive standards to promote architectural harmony in the subject area without limiting creativity; and WHEREAS, the Architectural Guidelines would catalog the vocabulary of buildings, including roofs, walls, openings and architectural elements; and WHEREAS, HPG-NUS has produced the requested Biscayne Boulevard Corridor Urban and Architectural Guidelines in a document dated December 5, 2003; and WHEREAS, said Urban and Architectural Guidelines are intended to establish a consistent look and feel for the Corridor and its immediate environs, reinforce its character as a public place, and direct the evolution of Biscayne Boulevard in a manner that provides a great setting for civic life of its adjacent neighborhoods and befit the City as a whole; and WHEREAS, the above -mentioned efforts depend heavily on the ability to create a safe urban setting by regulating the built environment; and WHEREAS, The City desires to temporarily halt unrestrained development activity in the Corridor area pending the implementation of the Study's recommendations by way of promulgation and adoption of Zoning and other regulations; and Page 3 of 8 WHEREAS, it is intended that the height guidelines recommended in the Study be an essential element of the forth- coming regulations; WHEREAS, a temporary moratorium on the acceptance of applications for certain permits for new buildings in the Study's area, which are in excess of 85 feet (commercial) or 95 feet (residential) in height, and are to be located in and regulated under the SD-9 Biscayne Boulevard North Overlay District or that have frontage on that portion of Biscayne Boulevard located in and regulated under the SD-8 Miami Design District, will allow for an orderly remedial effort and requisite studies, without the counteracting impact, which would accompany an increase, during the remedial process, of the very same matter. WHEREAS, the Miami Planning Advisory Board, at its meeting of January 21, 2004, Item No. 9, following an advertised hearing, adopted Resolution No. PAB 09-04, by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of imposing a temporary moratorium on the acceptance of applications for certain development permits in the SD-9 Biscayne Boulevard North Overlay District and that portion of Biscayne Boulevard frontage located in and regulated under provisions of the SD-8 Miami Design District, as hereinafter set forth, and Page 4 of 8 WHEREAS, the Miami Planning Advisory Board, at the above - referenced meeting, recommended that the moratorium be increased in duration to 180 days and further recommended that the height element be reduced further to 40 feet for both commercial and residential buildings; and WHEREAS, the City Commission, after careful consideration of the matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to temporarily halt the acceptance of applications for buildings in excess of 85 feet (commercial) or 95 feet (residential), for the specified locations, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. There is imposed, during the time that this Ordinance is in effect, as specified in Section 5 below, a moratorium on the acceptance of applications for permits for new buildings in excess of 85 feet (commercial) or 95 feet (residential) in height, which are to be located in and regulated under provisions of the SD-9 Biscayne Boulevard North Overlay District or would have frontage on that portion of Biscayne Boulevard located in and regulated under provisions of Page 5 of 8 the SD-8 Miami Design District, respectively, of the Zoning Ordinance and Zoning Atlas of the City of Miami. Section 3. This moratorium shall apply solely to applications for permits to erect new buildings or heighten existing buildings within said SD-9 Biscayne Boulevard North Overlay District and Biscayne Boulevard frontage of the SD-8 Miami Design District, as filed after the effective date of this Ordinance. Complete applications for such permits on file with the proper City departments, filed prior to the effective date of this Ordinance, shall be exempt from this moratorium. Section 4. Nothing in this Ordinance should be construed or applied to abrogate the vested right of a property owner to develop or utilize his/her property in any other way commensurate with zoning and other regulations, including any required renewal of permits for existing legally erected structures. Section 5. The moratorium imposed by this Ordinance is temporary and, unless repealed earlier by the City Commission, shall automatically dissolve one hundred and eighty (180) days from the effective date of this Ordinance, whichever first occurs. Section 6. Appeals from decisions and actions of the City under this Ordinance shall be pursuant to Section 2005 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami. Page 6 of 8 Section 7. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 8. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 9. This Ordinance shall become effective thirty (30) days after the final reading and adoption.= PASSED ON FIRST READING BY TITLE ONLY this day of , 2004. 1/ This Ordinance shall become effective as specified unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is later. Page 7 of 8 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 2004. MANUEL A. DIAZ, MAYOR ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY W1579:AV:JEM:GKW:mmda:et Page 8 of 8