97-22 ORDINANCE NO. 97-22
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
(THE "CITY"), PROVIDING FOR A BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT
ORDERS AND DEVELOPMENT PERMITS WITHIN THE
MARINA AREA, WHICH INCLUDES ALL INDUSTRIALLY
ZONED (lU-1 AND lU-2) PROPERTY, (EXCEPT FOR: THAT
CERTAIN INDUSTRIALLY ZONED PROPERTY LOCATED
NORTH OF NE 18TFH STREET, WEST OF NE 29TH
AVENUE, SOUTH OF NE 191ST STREET, AND EAST OF
BISCAYNE BOULEVARD, AND THE INDUSTRIALLY
ZONED PORTIONS OF TRACTS "D" AND "E" OF THE
PLAT OF BISCAYNE COMMERCIAL [PB 143, P 38]), AS
DEPICTED ON EXHIBIT "A", AND THE HOSPITAL AREA,
WHICH INCLUDES THE AREA BOUNDED ON THE NORTH
BY THE NORTHERN LINE OF THE CITY LIMITS, ON THE
SOUTH BY NE 203RD STREET/IVES DAIRY ROAD, ON THE
WEST BY THE WESTERN LINE OF THE CITY LIMITS, AND
ON THE EAST BY BISCAYNE BOULEVARD RIGHT-OF-
WAY, AS DEPICTED ON EXHIBIT "B", WITHIN THE CITY
OF AVENTURA; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF MORATORIA
PROVISIONS OF SECTION 33--319, ET SEQ. OF THE
METROPOUTAN DADE COUNTY CODE FOR THE
SPECIFIC MATTERS ADDRESSED HEREIN.
WHEREAS, pursuant to Section 8.03 of the Charter of the City of Aventura (the
"City"), and Section 163.3167(4), Fla. Stat., there is presently in effect within the City the
provisions of the Comprehensive Plan of Metropolitan Dade County (the "County Plan");
and
WHEREAS, the City Council is presently working through its consultants and staff
on the preparation of a Comprehensive Plan for the City in accordance with Section
163.3177, Fla. Stat. (the "City Plan") which, upon implementation, shall serve to guide,
Ordinance No. 97-22
Page 2
control and determine land use, development and growth, so that the public health, weffare
and safety is protected and the aesthetic and visual qualities of the City are further
enhanced and are protected from impairment by incompatible uses; and
WHEREAS, the Marina Area and Hospital Area respectively described in Exhibits
"A" and "B" are recognized as areas of critical concam because of the transition of land use
patterns, and are recognized as areas in which it is necessary to carefully control and guide
development in order to enhance and preserve the quality of life in the City; and
WHEREAS, in the Hospital Area a trend is emerging in which land use is being
transformed from residential to medical and office use; and
WHEREAS, the Hospital Area has in the past been a prime situs for the important
medical industry located within the City, and it is necessary to encourage careful planning
to assure that available land resources are used and projects are designed so that
piecemeal development is avoided, while meeting aesthetic concerns of the City; and
WHEREAS, in the Marina Area a trend for land use change is reflected by several
applications in which it is proposed to convert industrial uses to residential uses; and
WHEREAS, it is necessary to control and guide the transition of the Marina Area to
avoid a mix of incompatible and adverse land uses as independent residential and
industrial users seek to develop in that area; and
WHEREAS, despite the recitals of the history of land use in these areas, the Council
does not wish to restrict the City's land planners from developing the City's Comprehensive
Plan; and
Ordinance No. 97-22
Page 3
WHEREAS, the City Council desires to insure that dudng the pendency of the
necessary study activity, presently underway, for the formulation and implementation of the
City Plan, that additional development orders and development permits are not issued in
the Marina Area and Hospital Area, so that once the City Plan is prepared and
implemented it will be fully effective in accomplishing its purposes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Moratorium Imposed. During the time that this Ordinance is in effect as
spec'nqed in Section 8 below, there shall be a moratorium upon the issuance of
Development Orders and Development Permits, as those terms are defined in Section
163.3164, Fla. Stat. (collectively "Development Orders") concerning development within the
Marina Area and Hospital Area within the City. This moratorium shall not be applicable to
any property for which applications for zoning variances, rezoning and site plan approvals
have been submitted to City as of September 2, 1997, as to development authorized
pursuant to such zoning variances, rezoning or site plan approval.
Section 2. Waivers. The City Council, after a public hearing, may grant a waiver to
the moratorium provided above and authorize the issuance of Development Orders in the
Marina Area and Hospital Area, where the City Council determines, based upon substantial
competent evidence, that the specific use or activity requested by the waiver application will
not detrimentally affect the preparation and implementation of the City Plan and will be
compatible with surrounding land uses.
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Ordinance No. 97-22
Page 4
Section 3. Vested Rights.
(^) 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 can
demonstrate each of the following:
(1) 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 substantial expenditures; and
(3) That it would be highly inequitable to deny the property owner the right to
complete the development.
(B) Except as provided in paragraph (C) of this Section, any property owner
claiming to have vested dghts under this Section 3 must file an application with the City
Council for a vested rights determination within 90 days after the effective date of this
Ordinance. The application shall be accompanied by a fee of $1,500.00 and contain a
swom statement as to the basis upon which the vested rights are asserted, together with
documentation required by the City and other documentary evidence supporting the claim.
The City Council shall hold a public headng on the application pursuant to Ordinance 96-09
and Ordinance 97-15 and based upon the evidence submitted shall make a determination
as to whether the property owner has established vested rights.
(C) Any property owner claiming to have vested rights under this Section 3, by
virtue of a governmental act of development approval which was obtained after the date of
Ordinance No. 97-22
Page 5
incorporation of the City, may follow the procedure authorized by this paragraph (C) in lieu
of the procedure provided by paragraph (B). The procedure under this paragraph (C), shall
be as follows:
(1) The property owner claiming such vested rights shall file an
application with the City Manager for a vested rights determination
within 90 days after the effective date of this Ordinance. The
application shall be accompanied by a fee of $50.00 and contain a
sworn statement as to the basis upon which the vested rights are
asserted, together with documentation required by the City and other
documentary evidence supporting the claim. The City Manager or his
designee shall review the application and based upon the evidence
submitted shall make a determination as to whether the property
owner has established vested rights.
(2) The City Manager's decision shall be subject to appeal to the City
Council by notice of appeal filed with the City Clerk within ten (10)
days of the City Manager's written decision.
Section 4. Appeals. Appeals from final decisions by the Council under Section 2 or
Section 3 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 Dade County in accordance with the Florida
Rules of Appellate Procedure for the review of the quasi-judicial rulings of municipal
agencies.
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Ordinance No. 97-22
Page 6
Section 5. Modification to Vested Development. Within 120 days of a final
determination of vested dghts under Section 3, a property owner shall have the right to file
an application requesting a modification to the vested development, notwithstanding the
moratorium imposed by this Ordinance. In considering the application, the City Council (or
City Manager under Section 3 (C)) shall apply all established criteria and land development
regulations then in effect, including applicable concurrency regulations, and zoning in
progress. This right to apply for modification does not in any manner vest any rights, and
such application shall be considered a new application subject to de novo proceedings.
Section 6. Exhaustion of Administrative Remedies. 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. Replacement of County Code Moratoria Provisions for Specific Matter.
Pursuant to City Charter Section 8.03, this Ordinance shall replace the provisions of
Section 33-319 et seq. of the County Code concerning building and zoning moratoria,
solely as related to the specific matter of this Ordinance pertaining to the Marina Area and
Hospital Area described herein.
.Section 8. Term. The moratorium imposed by this Ordinance is temporary and shall
be effective for a period of 180 days from adoption hereof, unless dissolved eadier by the
City Council. Further, the moratorium shall automatically dissolve upon the adoption of the
City Plan, the formulation and adoption of which shall be expeditiously pursued. The
Ordinance No. 97~22
Page 7
moratorium may be reasonably extended, if necessary, but shall not be extended beyond
November 1, 1998.
Section 9. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved
its adoption on first reading. The motion was seconded by Councilmember Berger, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Ham/Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on second reading. The motion was seconded by Councilmember Cohen, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Ham/Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 2"d da[of Septembe~r/, 1997.
PASSED AND ADOPTED on second reading this 16-,, d~ay o[Sep~mb, er, 1997.
)~R~i'HUR I. SN~fDER[, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
'7
Ordinance No. 97-22
Page 8
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
NORTHERN LIMITS Aventura City Boundary
EXHIBIT B
HOSPITAL
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