HomeMy WebLinkAboutO-12537City of Miami
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Ordinance: 12537
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00296a Final Action Date: 5/6/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 90-DAY
TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR
NEW BUILDINGS IN EXCESS OF 40 FEET IN HEIGHT LOCATED ON THE
SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1,
EXCLUDING THE WEST SIDE OF THE SOUTHWEST 27TH AVENUE
CORRIDOR FROM 25TH STREET TO US-1; PROVIDING FORATERM;
PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR
ADMINISTRATIVE AND JUDICIAL REVIEW, PROVIDING FOR UPON
COMPLETION OF THE 27TH AVENUE CORRIDOR STUDY AND EFFECTIVE
DATE OF THE EARLIER OF 90 DAYS OR THE EFFECTIVE DATE OF THE
CURATIVE ORDINANCE ADDRESSING THE REMEDIAL EFFORTS AND
IMPLEMENTING STUDY RESULTS IN WHICH CASE THIS ORDINANCE SHALL
BE REPEALED; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the area located in the Southwest 27th Avenue Corridor ("Corridor") from Coral
Way to US-1, Miami, Florida, shown on the map as Attachment "A" to this Ordinance, is
experiencing a metamorphosis accompanied by intense redevelopment activity; and
WHEREAS, the City desires to temporarily halt unrestrained development activity in the
Corridor area; and
WHEREAS, a temporary moratorium on the acceptance of applications for certain permits for
new buildings in the Corridor 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; 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 complete and approved applications for buildings for the specified
locations, as hereinafter set forth and;
WHEREAS, the Miami Planning Advisory Board, at its meeting held on April 21, 2004, Item No.
8, following an advertised public hearing, adopted Resolution PAB 41-04 by a vote of six to two (6
-2), recommending approval of this Ordinance;
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
City of Miami
Page 1 of 2 File Id: 04-00296a (Version: 2) Printed On: 9/12/2016
File Number: 04-00296a EnactmentNnmber: 12537
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 40 feet in height in the Southwest 27th Avenue corridor from Coral Way to US-1. This
moratorium shall apply to parcels of property that include lots or portions of lots abutting Southwest
27th Avenue as shown on the map as Attachment "A" to this Ordinance.
Section 3. This moratorium shall apply solely to applications for permits to erect new buildings
in the Southwest 27th Avenue corridor from Coral Way to US-1 as described in Section 2, above,
excluding the west side of 27th Avenue from 25th Street to US-1. 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 ninety (90) days from the effective date
of this Ordinance.
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.
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 immediately after the final reading and
adoption. {1}
Footnotes:
{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.
City of Miami Page 2 of 2 File Id: 04-00296a (Version: 2) Printed On: 9/12/2016