| | | | | | | |  | Ordinances - R5 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | January 11, 2017 | | | | 10:00 a.m. First Reading Public Hearing
| | SUBJECT: | DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM 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; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, JANUARY 11, 2017; 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.
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for February 8, 2017. |
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| | | | | | | | ANALYSIS
| 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 approved, the moratorium remains in effect for one hundred and eighty (180) days from the effective date of July 13, 2016, which is 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.
PLANNING 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 for one hundred eighty (180) days from effective date, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. Within ninety (90) days from the effective date hereof, City staff shall provide an interim report to the City Commission as to the progress being made in the preparation of the Master Plan and any associated ordinances.
The ordinance is proposed to be effective, RETROACTIVE, to January 11, 2017.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for February 8, 2017. |
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| | | | | | | | Legislative Tracking
Planning / Office of the City Attorney |
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| | | | | | | | Sponsor
Commissioner Ricky Arriola & Co-Sponsored by Vice-Mayor Joy Malakoff |
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