NORTH BEACH TATUM WATERWAY CONSERVATION DISTRICT DEMOLITION MORATORIUM:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017, FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE.

BACKGROUND
On May 11, 2016, at the request of Commissioner Arriola, the City Commission directed the City Attorney to draft an ordinance establishing a temporary moratorium on the issuance of demolition permits in the North Beach area (Item R9O). On July 13, 2016, the City Commission approved the ordinance establishing a temporary moratorium for the demolition of any ‘Contributing’ structure within the following areas of the North Beach Master Plan study area:

• The “North Shore National Register District:” Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east.

• The “Normandy Isles National Register District:” Generally bounded by Biscayne Bay to the south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of Indian Creek to the east.

As originally approved, the moratorium remained in effect for one hundred and eighty (180) days from the effective date of July 13, 2016, which was January 13, 2017.

At a special meeting on December 9, 2016, the City Commission directed the City Attorney to draft an ordinance extending the existing demolition moratorium to the area of Tatum Waterway an additional 6 months (180 days). On February 8, 2017, this 180 day extension was adopted, retroactive to January 11, 2017. The current moratorium is set to expire on or about July 11, 2017, unless extended.

ANALYSIS
The proposed moratorium is a limited extension of the existing moratorium, and would apply to the demolition of any “Contributing” structure within the Tatum Waterway area of the North Shore National Register District. Generally, the proposed moratorium will apply to properties fronting on Tatum Waterway Drive, Byron Avenue and Crespi Blvd from 77th street to 87th street.

The moratorium would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to July 13, 2016, which is the applicable date of the existing moratorium. It would also not apply to an unsafe structure board order or a lawful order of the Building Official.

As proposed, the moratorium would remain in effect until October 31, 2017, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. The ordinance is proposed to be effective, RETROACTIVE, to June 7, 2017.

The proposed North Beach National Register Neighborhood Conservation District Overlay Ordinance is scheduled to be referred to the Planning Board on June 7, 2017. Assuming such ordinance is referred, First Reading before the City Commission would not be until July or September. The proposed moratorium extension would coincide with Planning Board and Commission review of the conservation district legislation.

UPDATE

The subject moratorium was approved at First Reading on June 7, 2017.