21 ORDINANCE NO. ____ _
2
3 An Ordinance establishing a moratorium on multifamily development in
4 excess of three units within the City of South Miami pending the completion
5 of appropriate studies concerning absorption and vacancy rates as well as
6 transportation, recreation and open space concurrency, accessibility for
7 emergency and public service vehicular traffic, the adequacy of drainage
8 facilities, and the' impact on the availability of water and wastewater
9 facilities; providing for exemptions, procedures, judicial review and a
10 specific time limit, as well as other ancillary matters.
11
12 WHEREAS, the City of South Miami recognizes·the importance of providing and
13 maintaining adequate levels of service (LOS) for its current and future population; and
14
15 WHEREAS, the City Commission has expressed. concerns on the impact of
16 additional multifamily development on the City's infrastructure; and
17
18 WHEREAS, on March 27, 2012, the City Commission unanimously adopted
19 Resolution # 69-12-13626, authorizing the preparation of an ordinance placing a
20 moratorium on multifamily development until the completion of the appropriate impact
21 studies; and
22
23 WHEREAS, the City is presently working to select a qualified consultant or
24 consulting firm to cQnduct studies of absorption and vacancy rates, as well as
25 transportation and recreation and open space concurrency updates, a transportation
26 capacity analysis, an update of current roadway levels of service and the impacts of
27 designation as a Transportation Concurrency Exception Area, with any necessary
28 amendments to the City's adopted Comprehensive Plan and Land Development
29 Regulations, which shall serve to further guide land use and development so that
30 development within the City will further the City's goal of sustainability; and
31
32 WHEREAS, the City Commission in its capacity as the legislative body that
33 approves all comprehensive land use planning and land development code changes, has
34 reviewed this Ordinance.
35
36 WHEREAS, the purpose of this Ordinance is to enable the city to undertake an
37 analysis of the Comprehensive Plan and the residential development regulations
38 including, but not limited to the impact of multifamily development on parks, recreation
39 and open space, the availability of infrastructure and accessibility of emergency and
40 public service vehicular traffic and public safety and public facilities.
41
42 WHEREAS, the City Commission of the City of South Miami has noted the
43 rapid interest in the development of large multiple-family residential units and the
44 consequential growing demands upon city services; and
45
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1 WHEREAS, a comprehensive review is required to study the impact of
2 multifamily development on transportation, public safety, adequacy of public facilities,
3 recreation and open space, the accessibility for emergency and public service vehicular
4 traffic, the adequacy of drainage facilities, and the impact on the availability of water and
5 wastewater facilities; and
6
7 WHEREAS, the city requires time to review, consider, modify and process, for
8 adoption and implementation, of regulations pertaining multifamily development, and to
9 evaluate the extent that the existing zoning laws are effectively implementing the
10 comprehensive plan.
11
12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
14
15 Section 1. The foregoing recitals are hereby ratified and incorporated as the
16 legislative intent of this Ordinance.
17
18 Section 2. Moratorium Imposed. During the time that this Ordinance is in
19 effect as specified in Section 8 below, there shall be a moratorium on the issuance of
20 building permits for new multifamily development projects in excess ofthree units.
21
22 Section 3. Waivers. Any property owner seeking a waiver under this Section 3
23 must file an application with the City Commission; for a determination within 90 days
24 after the effective date of this Ordinance;' The City Commission, after a public hearing,
25 may grant a waiver to the moratorium provided above and permit development to proceed
26 on a specific parcel where the City Commission' determines, based upon substantial
27 competent evidence, that the moratorium has caused an undue hardship, that the proposed
28 development plan will not detrimentally impact the existing LOS and that it will be
29 compatible with surrounding land uses. The finding of an undue hardship requires
30 substantial competent evidence that the harm caused by the moratorium is substantial and
31 that it outweighs the effects of the development on the public health, safety and welfare.
32 The grant of waiver, if any, shall be by resolution. The applicant shall be responsible for
33 any application and advertising fee and any other standard fees and requirements for a
34 public hearing.
35
36 Section 4. Determination of Vested Rights or Denial of All Economic Use.
37
38 (A) Nothing in this Ordinance shall be construed or applied to abrogate
39 the vested right of a property owner to complete development of a parcel where
40 the property owner can demonstrate by substantial competent evidence each of the
41 following:
42
43 1. A governmental act of development approval was obtained prior to
44 the effective date of this Ordinance upon which the property owner has
45 detrimentally relied, in good faith, by making substantial expenditures; and
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1 2. It would be highly inequitable to deny the property owner the right
2 to complete the development.
3
4 (B) Any property owner claiming vested rights or denial of all use
5 under this Section 4 must file an application with the City Commission for a
6 determination within 90 days after the effective date of this Ordinance. The time
7 limit for filing an application shall be jurisdictional. The application shall contain
8 a sworn statement as to the basis upon which the vested rights or denial of all use
9 are asserted, together with documentation required by the City and any other
10 documentary desires to support the claim. Each document submitted shall have,
11 attached to it by a staple, a sworn statement attesting, under penalty of perjury, to
12 the truth of the facts contained in the document and attesting that the document, if
13 a copy, is a true and accurate duplicate of the original. The City Commission shall
14 hold a public hearing on the application and, based upon the competent substantial
15 evidence presented at the hearing, shall make a determination as to whether the
16 property owner has established a vested right.
17
18 Section 5. Judicial Review. Judicial review of final decisions by the City
19 Commission under Section 3 or Section 4 of this Ordinance shall be by the filing of a
20 Petition for Certiorari in the Circuit Court of the Eleventh Judicial Circuit in and for
21 Miami-Dade County in accordance with the Florida Rules of Appellate Procedure for the
22 review of the quasi-judicial decisions of municipalities.
23
24 Section 6. Exhaustion of Administrative Remedies. No property owner
25 claiming that this Ordinance, as applied, constitutes or would constitute a temporary or
26 permanent taking of private property or an abrogation of vested rights may pursue such
27 claim in court, unless he or she has first exhausted the applicable administrative remedies
28 provided in Sections 3 and 4 of this Ordinance.
29
30 Section 7. Conflicts. All Sections or parts of Sections of the Code of
31 Ordinances, Land Development Code and Comprehensive Plan, all Ordinances or parts of
32 Ordinances, and all Resolutions, or parts of Resolutions, in conflict with this Ordinance
33 shall be harmonized with this ordinance based on its intent.
34
35 Section 8. Term. The moratorium imposed by this Ordinance is temporary and
36 shall be effective for a period of one (1) year from the effective date of this Ordinance,
37 unless dissolved earlier by the City Commission by resolution after completion of the
38 studies and analysis contemplated by this Ordinance. The moratorium shall automatically
39 dissolve upon the adoption and/or acceptance of the Impact Study, Comprehensive Plan
40 amendments and implementing land development regulations. The moratorium may be
41 reasonably extended, if necessary, by Ordinance of the City of South Miami City
42 Commission.
43
44 Section 9. Effective Date. This Ordinance shall be effective immediately upon
45 adoption.
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1
2
3
4 PASSED AND ADOPTED this day of 2012.
5
6
7 ATTEST: APPROVED:
8
9
10 CITY CLERK MAYOR
11 1st Reading
12 2nd Reading
13
14 READ AND APPROVED AS TO FORM
15 LANGUAGE, LEGALITY AND
16 EXECUTION THEREOF: Commission Vote
17 Mayor Stoddard:
18 Vice Mayor Liebman:
19 .CommissionerNewman:.
20 CITY ATTORNEY Commissioner Harris:
21 '! Commissioner Welsh
11
w:\my documents\resolutions\multifamily development moratorium_numbered_ 4-11-12 rev 2nd 1-13"12 ca.doc
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RESOLUTION NO. 69-12-13626
A Resolution to draft an ordinance placing a moratorium on multifamily development
pending appropriate studies of absorption and va~ancy rates as well as transportation
and parks concurrency.
WHEREAS, the City Commission is requesting analysis of the existing number of available
multifamily, affordable units within the City; and
WHEREAS, the City Commission is requesting an absorption rate and vacancy rate study of housing
units within the City before additional projects are approved for development; and
WHEREAS, the City Commission has expressed concerns on the impact of additional multifamily
units on the City'S infrastructure of all new multifamily development; and
WHEREAS, the roadway levels of service (LOS) for principal and minor arterials within the City are
designated at LOS "F"; and
WHEREAS, the City is presently working to select a qualified consultant or consulting firm to
conduct a transportation capacity analysis, update its current roadway levels of service and the impacts of its
designation as a Transportation Concurrency Exception Area, which upon completion and coupled with any
necessary amendments to the City's Comprehensive Plan and Land Development Regulations shall serve to
further guide land use and development so that development within the City will further the City's goal of
sustainability; and
WHEREAS, the City Commission in its capacity as the legislative body that approves all
comprehensive land use planning and land development code changes, has reviewed this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Attorney shall draft an ordinance placing a moratorium on multifamily
development pending appropriate studies and to conduct the necessary data and analysis enumerated
hereinabove concerning transportation and parks concurrency as well as, but not limited to, absorption and
vacancy rates.
Section 2. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 27tl;1day of March ,2012.
ATTEST: APPROVED:
~~ lWiriLe1!4
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
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