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HomeMy WebLinkAboutLegislation - Modif.City of Miami Legislation Ordinance City Hail 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00296b Final Action Date: AN ORDINANCE OF THE MIAMI G1TY 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 OR 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CURATIVE ORDINANCE ADDRESSING THE REMEDIAL EFFORTS AND IMPLEMENTING STUDY RESULTS IN WHICH CASE THIS ORDINANCE SHALL BE REPEALED; PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE REMEDIAL ORDINANCE AND AN IMMEDIATE EFFECTIVE DATE.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 16, 2004, Item No. 3, following an advertised public hearing, adopted Resolution PAB 75-04 by a vote of five to one (-1), be recommending approval of this Ordinance with a recommendation that the wording finally approved removed; City of Miami Page 1 of 3 Printed On: 6/25/2004 File Number: 04-00296b 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 3, 4, and 5 below, a moratorium on the acceptance of new applications and processing and approval of existing 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 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 and located between U.S. 1 and SW 25th Street. 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. For purposes of this Ordinance, an application for a permit is deemed complete when it complies with the definition found in §2502 of Ordinance No. 11000, the Zoning Ordinance of the City, and is deemed approved when an applicant has received all necessary approvals in order to obtain a development permit, as that term is defined in §163.3164, Fla. Stat. (2003). 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 upon the completion and acceptance by the City 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, addressing the remedial efforts and implementing study results, 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) City of Miami Page 2 of 3 Printed On: 6/25/2004 File Number: 04-0029 APPROVE r S OR D CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY 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 3 of 3 Printed On: 6/I1/2004