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File ID: #1921
Ordinance
Sponsored by: Keon Hardemon, Chair
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TWO HUNDRED
FORTY (240) DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF NEW
APPLICATIONS FOR SPECIAL AREA PLANS, ACCEPTED PURSUANT TO SECTION 3.9 OF
MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
FOR SPECIAL AREA PLANS ENCOMPASSING PROPERTIES ZONED AS CIVIC SPACE
WITHIN FIVE HUNDRED (500) FEET OF BISCAYNE BAY; PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 1921 (Revision:) Printed On: 8/21/2017
lf� City of Miami
Legislation
Ordinance
Enactment Number: 13675
File Number: 1921 Final Action Date -4/13/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TWO
HUNDRED FORTY (240) DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE
OF NEW APPLICATIONS FOR SPECIAL AREA PLANS, ACCEPTED PURSUANT TO
SECTION 3.9 OF MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, FOR SPECIAL AREA PLANS ENCOMPASSING
PROPERTIES ZONED AS CIVIC SPACE WITHIN FIVE HUNDRED (500) FEET OF
BISCAYNE BAY; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code");
and
WHEREAS, Section 3.9 of the Miami 21 Code allows for Special Area Plans ("SAPs") for
applicants with nine (9) acres or more "to be master planned so as to allow greater integration of
public improvements and Infrastructure, and greater flexibility so as to result in higher or
specialized quality building and Streetscape design"; and
WHEREAS, the Miami 21 Code allows for property zoned as Civic Space ("CS") to count
towards the nine (9) acre minimum needed to apply for an SAP; and
WHEREAS, inter alis, CS is the transect zone for park space; and
WHEREAS, allowing SAPs to utilize CS -zoned property near Biscayne Bay and to
construct large projects adjacent thereto could result in incompatible development adjacent to
relatively rare and unique CS -zoned property near Biscayne Bay, hampering the CS -zoned
property's ability to function as intended; and
WHEREAS, those abovementioned existing regulations necessitate a thorough review
and modification of the current SAP regulations in the Miami 21 Code and other applicable
portions of the City Code to ensure any SAP containing CS -zoned property within five hundred
(500) feet of Biscayne Bay does not have a deleterious effect on traffic, congestion, surrounding
property values, City services, and on other aspects of the general welfare; and
WHEREAS, a temporary moratorium will allow the City of Miami ("City") to determine
how best to modify its current SAP regulations to protect both the quality of life in the City and
general welfare of the City's residents, businesses, and visitors; and
WHEREAS, the City has determined that it needs an additional two hundred forty (240)
days to review current applicable regulations and promulgate revisions to ensure that CS -zoned
property within five hundred (500) feet of Biscayne Bay, included in a SAP application, does not
suffer deleterious effects as discussed above; and
City of Miami File ID: 1921 (Revision:) Printed On: 8/21/2017
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its residents, businesses
and visitors to adopt this temporary moratorium;
NOW, THEREFORE, BE IT ORDAINED 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, a temporary
moratorium of two hundred forty (240) days on the acceptance of applications for SAPs as
described in Section 3.9 of the Miami 21 Code, that contain property zoned as CS, where said
CS -zoned property is within five hundred (500) feet of Biscayne Bay.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS
1
Una ndez, City Attor iey
3/1412017
' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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
herein. whichever is later.
City of Miami File ID: 1921 (Revision:) Printed On: 8/21/2017