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HomeMy Public PortalAbout1992-11 Establishing a temporary building moratoriumORDINANCE NO. efitZ -7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A TEMPORARY BUILDING MORATORIUM; PROVIDING FOR EXEMPTIONS AND WAIVERS; PROVIDING FOR A TERM; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne was incorporated on June 18, 1991; and WHEREAS, Florida Statutes Chapter 163, Part II, (the "Growth Management Act") requires that the Village adopt a comprehensive plan within three years of incorporation; and WHEREAS, the Village has initiated and is diligently proceeding with preparing a comprehensive plan for the purpose of managing and controlling growth and future development within the Village; and WHEREAS, it has been determined that there is a substantial risk that during the pendency of the adoption of the comprehensive plan, interim incompatible, irreparable and irreversible growth and development is likely to occur and such development may cause public services to fall below acceptable levels; and WHEREAS, the Village wishes to avoid such interim growth and development and to maintain the status quo by adopting this limited, temporary moratorium. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Sec. 1. MORATORIUM IMPOSED. During the time this Ordinance is in effect as specified in Sec. 3, there shall be a moratorium on the issuance of development orders and development permits as those terms are defined in Section 163.3164 Florida Statutes (1991) (collectively "Development Orders") within the Village except for the following: (a) Single family residential homes and individual condominium units. (b) Public buildings and structures which are used exclusively for the health, safety and welfare of Village residents. (c) Public and private educational facilities. (d) Buildings and structures constructed by a regulated public utility for the purpose of providing utility services. (e) Renovations and repairs of existing structures where there is no increase in floor area or height of said structures. (f) Approved Developments of Regional Impact (DRIs) with valid, current and effective Development Orders. A determination of whether the Development Order is valid, current and effective shall be made by the Village's Director of Community Development upon request of the property owner, which request shall be made within 30 days of the effective date of this Ordinance and shall include the submittal of all evidence necessary to make the determination. Any person adversely affected by the determination shall have the right to appeal that determination to the Board of Trustees within 10 days of said determination. Sec. 2 WAIVERS. In addition to the exemptions in Section 1 above, upon application by a property owner, the Village Board of 2 Trustees, after a public hearing, may grant waivers to the moratorium and authorize the issuance of Development Orders where it determines that the activity will not detrimentally affect the outcome of the comprehensive planning process for the Village and will not materially reduce the existing capacity of public services. Sec. 3 TERM. The moratorium imposed by this Ordinance is temporary and unless dissolved earlier by the Board of Trustees, shall automatically dissolve on June 1, 1994 or upon the final non - appealable adoption of a comprehensive plan for the Village pursuant to the Growth Management Act, whichever occurs earlier. Sec. 4 VESTED RIGHTS. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of any property owner to complete development where the owner can demonstrate as follows: (a) an act of development approval obtained prior to the effective date of this Ordinance; (b) upon which the owner has detrimentally relied by making substantial expenditures; and (c) that it would be highly inequitable to deny the owner the right to complete the development. Any property owner claiming to have vested rights under this Sec. 4 must file an application with the Village Board of Trustees for a vested rights determination within 90 days of the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the Village and other documentary evidence supporting 3 the claim. The Board of Trustees shall hold a public hearing on the application and based upon the evidence submitted shall make a determination as to whether the owner has established vested rights. Sec. 5 APPEALS. Appeals from final decisions by the Board of Trustees under Section 2 or 4 shall be by the filing of a notice of appeal 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 rulings of commissions or boards. Sec. 6 MODIFICATION TO VESTED AND EXEMPT DEVELOPMENT. Within 120 days of a final determination of vested rights under Section 4 or a final determination of exemption under Section 1(f) , a property owner shall have the right to file an application requesting a modification to the vested or exempt development, notwithstanding the moratorium imposed by this Ordinance. In considering the applications, the Board shall apply all established criteria and land development regulations then in effect, including applicable concurrency regulations. 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. Sec. 7 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 has first exhausted the administrative remedies provided herein. 4 Sec. 8. SEVERABILITY. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Sec. 9 EFFECTIVE DATE This Ordinance shall be effective upon adoption on second reading. 1992. 1992. PASSED AND ADOPTED on first reading this ,-6!(.0^; day of April, PASSED AND ADOPTED on second reading this ..;6. f/ day of May, ATTEST: Village Clerk RAFAEL `H . CONTE, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY t ephen Hel m.n, Vilage Attorney 5 _ e iamtitera0 A Knight-Ridder Newspaper 1111II111111III I1111111111111III1111111111III 1111111 VILLAGE OF KEY BISCAYNE SAMUEL KISSINGER, VILLAGE MGR. 85 W MCINTYRE ST KEY BISCAYNE FL 33149-1897 1 OF eiflerald ADVERTISING STATEMENT 6371180109205100008188620 Your billing number is: 711801 0 05/10/92 If you have any questions regarding this statement, call 376-2500 i Dade, 525-1177 in Broward or 1-800-234-4803 in Palm Beach 27 2E PLEASE RETURN THIS STUB WITH PAYMENT TO ASSURE PROPER CRE[ SEE BACK FOR MAILING INSTRUCTIONS 1 MIAMI HERALD 2/9 BILLED ACCOUNT 3 DOCUMENT NUMBER 4 BILLING DATE THE MIAMI HERALD PUBLISHING CO 1 HERALD PLAZA MIAMI, FLORIDA 33132-1693 VILLAGE OF KEY BISCAYNE SAMUEL KISSINGER, VILLAGE MGR. 85 W MCINTYRE ST KEy BISCAYNE FL 33149-1897 7118010 PRODUCT SEWICE CODE 05/10/92 14 5 BILLING PERIOD 6 I TERMS OF PAYMENT 7/8 ACCOUNT NO. 05/04/92 — 05/10/92 CUR ENT NET AMOUNT DU BY 05/17/92 711801 0 29 CONTRACT AGREEMENT 29 ADVERTISING THIS PERIOD 29 ADVERTISING TO DATE TYPE RENEWAL DATE SIZE REBATABLE NON-REBATABLE TOTAL REBATABLE NON-REBATABLE TOTAL 10 DATE 11 REFERENCE AD NUMBER 12 13 30 DESCRIPTION/PRODUCT CODE Class on CHARGE OR CREDITS PAGE 15 SAW DIMENSIONS 16 TIMES 17 BILLED UNITS 18 RATE 19 GROSS AMOUNT 20 NET AMOUNT 5/07 BALANCE FROM 05/03/92 -pck C - BALANCE FORWARD CLASSIFIED ROP CONTRACT 711801 MIAMI HERALD 51876A NOTICE OF ZONING CHANGE AND 07B CLASSIFIED ROP TO 4,094.31 TOTAL BILLING THIS PERIOD (NET OF 1 D ALL DISCOUNTS) 3300 12407 WE VALUE YOUR BUSINESS . . THANK YOU FOR ADVERTISING WITH THE MIAMI HERALD/EL NUEVO HERALD. MM TO INSURE YOUR ADVERTISING RUNS AS SCHEDULED, PLEASE; NOTE THAT THE BALANCE I5 DUE IN SEVEN DAYS AND SUBJECT TO A 1 1/2% PER MONTH FINANCE CHARGE IF NOT PAID IN 21 DAYS. TO PLACE A CLASSIFIED AD IN 764-7026 (TOLL FREE) BROWARD, PLEASE CALL 4,0943 4,0943 4,094,3 4,0943 24 AGING 25 21 22 0-29 DAYS 4,094151 30 DAYS 60 DAYS 90 DAYS TOTAL NET AMOUNT 4,094',31 4437.,...; CURRENT GROSS AMOUNT CURRENT NET AMOUN 8,188$