| | | | | | | |  | Ordinances - R5 E
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | October 31, 2017 | | | | 9:40 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 EXTENDING THE MORATORIUM THROUGH JANUARY 31, 2018 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 ABBOTT 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 WITHIN THE AFOREDESCRIBED AREAS; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, OCTOBER 31, 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 subject Ordinance at First Reading and set a Second Reading Public Hearing for December 13, 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.
This 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. On March 1, 2017, the moratorium was extended an additional 180 days, retroactive to February 8, 2017. This extended moratorium expired on August 8, 2017. On June 28, 2017, the current moratorium was extended, retroactive to February 8, 2017, and is set to expire on October 31, 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 extension 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 until January 31, 2018, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. The ordinance is proposed to be effective, RETROACTIVE, to October 31, 2017.
The proposed North Beach National Register Neighborhood Conservation District Overlay Ordinance is scheduled to be considered by the Planning Board on October 24, 2017. Assuming such ordinance is referred, First Reading before the City Commission would not be until December. The proposed moratorium extension would coincide with Planning Board and Commission review of the conservation district legislation.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for December 13, 2017. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Vice-Mayor Ricky Arriola |
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