Item Coversheet

Ordinances - R5  G




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:February  8, 2017
 

10:30 a.m. First Reading Public Hearing

SUBJECT:

NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM:

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 THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; 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, FEBRUARY 8, 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.


RECOMMENDATION

The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017.

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 remained in effect for one hundred and eighty (180) days from the effective date of July 13, 2016, and expired on 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. The moratorium for Tatum Waterway is scheduled for Second Reading / Adoption on February 8, 2017, and is retroactive to January 11, 2017.

 

PLANNING ANALYSIS

The proposed moratorium is an extension of the previous moratorium, and would apply to the demolition of any “Contributing” structure within the areas identified for inclusion in the proposed North Beach National Register Conservation Districts.   Generally, this includes the areas of the North Shore and Normandy Isles National Register Districts that were not included within the proposed boundaries of the local historic districts.

 

The moratorium would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to February 8, 2017, 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 February 8, 2017.

CONCLUSION

The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017.
Legislative Tracking
Planning / Office of the City Attorney
Sponsor
Vice-Mayor Joy Malakoff

ATTACHMENTS:
Description
Form Approved Ordinance
Ad