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City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00296b
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 120-DAY
TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR
ALL DEVELOPMENT ORDERS FOR DEVELOPMENT IN EXCESS OF 40 FEET IN
HEIGHT, EXCLUDING ONLY SUCH PERMIT APPLICATIONS THAT ARE
COMPLETE AND FULLY APPROVED, SUCH TEMPORARY MORATORIUM TO
APPLY TO ALL PROPERTIES LOCATED ON THE SOUTHWEST 27TH AVENUE
CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING ONLY SUCH
PROPERTIES LOCATED ON THE WEST SIDE OF THE CORRIDOR AND
LOCATED BETWEEN US-1 AND SOUTHWEST 25TH STREET; PROVIDING FOR
ADMINISTRATIVE AND JUDICIAL REVIEW; PROVIDING FOR DISSOLUTION
UPON COMPLETION OF THE 27TH AVENUE CORRIDOR STUDY AND THE
EARLIER OF 120 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STUDY RESULTS IN WHICH CASE THIS ORDINANCE SHALL BE REPEALED;
PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE
REMEDIAL ORDINANCE AND AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the area located in the Southwest 27th Avenue Corridor ("Corridor") from Coral
Way to US-1, Miami, Florida, as shown on the map as Exhibit "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 development orders including buildings in
excess of 40 feet in height for the specified locations, as hereinafter set forth; and
WHEREAS, this Ordinance will repeal and replace Ordinance No. 12537 serving in lieu thereof on
its effective date; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 2, 2004, Item No. -,
following an advertised public hearing, adopted Resolution PAB -04 by a vote of - to - (-),
recommending approval of this Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page 1 of 3 Printed On: 5/26/2004
File Number: 04-00296b
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 all development orders for
development in excess of 40 feet in height, excluding only such permit applications that are complete
and fully approved, such temporary moratorium to apply to all properties located on the SW 27th
Avenue corridor from Coral Way to US-1, excluding only such properties located on the west side of
SW 27th Avenue and located between U.S. 1 and SW 25th Street. 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 all development orders for
development in excess of 40 feet in height including permits for new buildings in excess of 40 feet in
height in the Southwest 27th Avenue corridor from Coral Way to US-1 as described in Section 2,
above, excluding the west side of SW 27th Avenue from SW 25th Street to US-1. Complete and
approved 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. Themoratorium imposed by this Ordinance is temporary and, unless repealed earlier by
the City Commission, shall automatically dissolve upon the completion of the SW 27th Avenue corridor
study or one hundred and twenty (120) days from the effective date of this Ordinance, or on the
effective date of the remedial ordinance, whichever occurs first.
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, including Ordinance No. 12537, 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}
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO fit
CITY ATTORNEY
City of Miami Page 2 of 3 Printed On: 5/26/2004
File Number: 04-00296b
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. 1f 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 3 of 3 Printed On: 5/26/2004