2005-07
ORDINANCE NO. 2005-....!!.L-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA (THE "CITY"), PROVIDING FOR IMPOSITION
OF A MORATORIUM ON ISSUANCE OF DEVELOPMENT
ORDERS AND DEVELOPMENT PERMITS WITHIN THE
CITY CONCERNING DEVELOPMENT WHICH IS
PROPOSED ON PROPERTY LOCATED EAST OF
BISCAYNE BOULEVARD WITHIN ANY RESIDENTIAL
OR COMMERCIAL ZONING DISTRICTS OF THE CITY;
PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS,
EXHAUSTION OF ADMINISTRATIVE REMEDIES,
APPLICABILITY, SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission is presently working through its consultants and staff
on the study and preparation of an Evaluation and Appraisal Report (the "EAR") for the City's
Comprehensive Plan which, upon implementation, when coupled with any necessary
amendments to the City's Comprehensive Plan and Land Development Regulations ("LDR's"),
shall serve to further guide land use and development, so that the public health, welfare and
safety is protected and the aesthetic and visual qualities of the City are further enhanced and are
protected from impairment; and
WHEREAS, the City has previously identified the following major issues that will be
addressed during the EAR process:
. Development and Redevelopment
. Housing
. Emergency Management
. Transportation
. Intergovernmental Coordination
. Quality of Life; and
WHEREAS, during the moratorium provided for in this Ordinance, the City shall focus on
the study and formulation of remedial measures related to the following areas which need to be
addressed during the EAR process:
I.
Traffic concurrency;
2.
The Town Center land use designation;
3.
Redevelopment guidelines;
4.
Building height;
5.
Emergency management; and
WHEREAS, an important element of the City's growth management strategy concerns
the necessity to be prepared to handle the substantial likelihood of an emerging trend for
extensive redevelopment activities arising within the City; and
WHEREAS, the City Commission desires to insure that during the pendency of the
necessary study activity, presently underway, for the formulation and implementation of the
EAR and the remedial measures referenced herein, that additional development orders and
development permits are not issued in the City for any development within the scope of the
moratorium which is described herein, so that once the EAR and any resulting Comprehensive
Plan amendments, and LDR amendments (collectively, the "Growth Management Regulations")
are prepared and implemented, such Growth Management Regulations will be fully effective in
accomplishing the City's lawful purposes; and
WHEREAS, in accordance with Section 31-31 of the City Code of the City, the City
Commission has been designated as the local planning agency for the City pursuant to Section
163.3174, Florida Statutes; and
WHEREAS, the City Commission has reviewed the moratorium regulations set forth in
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this Ordinance and has determined that such moratorium regulations are consistent with the
applicable provisions of the Comprehensive Plan ofthe City; and
WHEREAS, in enacting the moratorium regulations provided for herein, the City
Commission has been guided by the advice ofthe City Attorney and City Manager as set forth in
the City Attorney's Memorandum of April 8, 2005 entitled "Potential Moratorium".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adopted.
That each of the above stated recitals is hereby
adopted and confirmed.
Section 2. Moratorium Imposed; Applicabilitv
A.
That during the time that this Ordinance is in effect, as specified in Section 7
below, there shall be a moratorium upon the issuance of Development Orders and Development
Permits, as those terms are defined in Section 163.3164, Florida Statutes, (collectively
"Development Orders") concerning development on any property in the City which is located
east of Biscayne Boulevard in any areas of that portion of the City which are presently zoned
residential or commercial. For purposes of this Ordinance, the term "zoned residential", as used
herein, includes all of those residential zoning districts which are listed in Section 31-143 of the
City Code. For purposes of this Ordinance, the term "zoned commercial", as used herein,
includes all ofthose zoning districts which are listed in Section 31-144 and Section 31-145 of the
City Code.
B.
That notwithstanding anything to the contrary above, this moratorium shall not
apply to:
I.
any public purpose project which is required by any government entity; and
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2.
any office buildings of a height which does not exceed ten (10) stories; and
3.
any development for which a building permit or any required site plan approval
has been issued prior to the imposition of this moratorium; and
4.
any development which is protected from a change in municipal ordinances to the
extent provided by Section 163.3233, Florida Statutes, for those statutory
development agreements which have been previously entered into; and
5.
the construction, renovation or improvement of (i) individual single family
homes; or (ii) retail or office space within the confines of existing buildings; or
(iii) non-occupiable structures, including signs, cable television or
telecommunication facilities; and
6.
work for the decoration of the exterior of an existing structure or for the
improvement of the interior of existing dwelling units; and
7.
improvements authorized by administratively approved amendments to site plans
referenced in paragraph (3) above, so long as said improvements do not increase
the intensity or density of development or adversely impact traffic conditions; and
8.
community facilities listed in Sec. 3l-l47(a)(I) of the City Code which constitute
a permitted or conditional use in the proposed location; and
9.
a new anchor tenant and ancillary supportive retail space at an existing regional
mall, not to exceed an additional 225,000 square feet, provided that City
recommended and mutually agreed upon traffic flow entrance modifications on
Biscayne Boulevard are explored and implemented; and
10.
the construction, renovation or improvement of recreational facilities, restaurants,
lounges, clubhouses or health and fitness spas, which constitute lawful accessory
uses designed to serve existing multi-family buildings; and
11.
the reconstruction of marinas and dry dock storage facilities on the condition that,
upon the issuance of a building permit for such reconstruction, any and all rights
to develop such property for residential use shall terminate pursuant to a
recordable covenant which is accepted by the City Manager.
Section 3. Waivers. That the City Commission, after a public hearing held pursuant to
City Code Section 31-71 and 34-31, et. seq., may grant a waiver to the moratorium provided
above and authorize the issuance of Development Orders for a specific building, where the City
Commission determines that based upon substantial competent evidence, the specific use or
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activity requested by the waiver application will not detrimentally affect the preparation and
implementation of the Growth Management Regulations, will be compatible with surrounding
land uses, and will not impair the public health, safety or welfare.
Section 4. Vested Ril!:hts.
(A)
That nothing in this ordinance shall be construed or applied to abrogate the vested
right of a property owner to complete development where the property owner demonstrates each
of the following:
(I)
A governmental act of development approval was obtained prior to the
effective date of this Ordinance; and
(2) Upon which the property owner has detrimentally relied, in good faith, by
making such a substantial change in position or incurring such extensive obligations and
expenses; and
(3) That it would be highly inequitable to deny the property owner the right to
complete the development.
(B)
That, except as provided by paragraph (C) below, any property owner claiming to
have vested rights under this Section 4 must file an application with the City Manager for a
vested rights determination within 30 days after the effective date of this Ordinance. The
application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the
basis upon which the vested rights are asserted, together with documentation required by the City
Manager and other documentary evidence supporting the claim. The City Manager shall review
the application and based upon the evidence submitted shall make a determination as to whether
the property owner has established vested rights. The City Manager's decision shall be subject to
appeal, by only the applicant for a vested rights determination, to the City Commission by notice
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of appeal filed with the City Manager within ten (10) days after the City Manager's written
decision. In the event of a timely appeal, the City Commission shall hold a public hearing on the
appeal pursuant to City Code Section 31-71 and City Code Section 34-31, et. seq., and based
upon the evidence submitted shall make a determination as to whether or not the property owner
has established vested rights. To the extent that a property owner demonstrates vested rights, the
moratorium shall not be applied.
(C)
That any property owner claiming vested rights under this Section 4 by virtue of a
Vested Rights Determination Agreement with the City which was issued pursuant to City Code
Section 3l-3(b), shall not be subject to this moratorium and shall be authorized to apply for
Development Orders in accordance with the Vested Rights Determination Agreement, by filing a
copy of the Vested Rights Determination Agreement with the City Manager, accompanied by a
letter which references this paragraph (C), within thirty (30) days after the effective date of this
Ordinance.
Section 5. Appeals. That appeals from final decisions by the Commission under
Section 3 or Section 4 of this Ordinance shall be by the filing of a Petition for Certiorari in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County in accordance with
the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of municipal
agencies.
Section 6. Exhaustion of Administrative Remedies. That no property owner claiming
that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of
private property or an abrogation of vested rights may pursue such claim in court unless he or
she has first exhausted the administrative remedies provided in this Ordinance.
Section 7. Term. That the moratorium imposed by this Ordinance is temporary and
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shall be effective for a period of one hundred eighty (180) days from adoption hereof, unless
dissolved earlier by the City Commission. Further, the moratorium shall automatically dissolve
upon the adoption of the Growth Management Regulations, the formulation and adoption of
which shall be expeditiously pursued. The duration of the moratorium may be reasonably
extended, if necessary, for up to an additional sixty (60) day period by Resolution of the City
Commission.
Section 8. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel who moved its adoption on
first reading. This motion was seconded by Vice Mayor Auerbach and upon being put to a vote,
the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
YES
YES
YES
YES
YES
YES
YES
The foregoing Ordinance was offered by Commissioner Holzberg
who
moved its adoption on second reading. This motion was seconded by Commissioner
Diamond
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbàez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
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YES
YES
~
~
YES
.YEL-
PASSED AND ADOPTED on first reading this 3rd day of May, 2005.
PASSED AND ADOPTED on second reading this 7th day of June, 2005.
,-L/~~
Susan Gottlieb, Mayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
FOR THE USE AND RELIANCE OF THE CITY ONLY:
~Ýh¡, V~
CITY ATTORNEY
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