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
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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
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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.
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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
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A Knight-Ridder Newspaper
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VILLAGE OF KEY BISCAYNE
SAMUEL KISSINGER, VILLAGE MGR.
85 W MCINTYRE ST
KEY BISCAYNE FL 33149-1897
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PRODUCT
SEWICE CODE
05/10/92
14
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BILLING PERIOD
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I TERMS OF PAYMENT
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ACCOUNT NO.
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711801 0
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SAW
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BILLED UNITS
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GROSS AMOUNT
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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
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12407
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4,0943
4,0943
4,094,3
4,0943
24
AGING
25
21
22
0-29 DAYS
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30 DAYS
60 DAYS
90 DAYS
TOTAL NET
AMOUNT
4,094',31
4437.,...;
CURRENT
GROSS AMOUNT
CURRENT
NET AMOUN
8,188$