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Home My WebLink About2006-3501 OrdinanceDRB Scope and Exemptions ORDINANCE NO. 2006-3.501 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE VI, "DESIGN REVIEW PROCEDURES" BY CLARIFYING THE SCOPE OF REVIEW OF THE DESIGN REVIEW BOARD AS IT PERTAINS TO SINGLE FAMILY HOMES AND TOWNHOMES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (City) places a strong emphasis on the promotion of appropriate urban design throughout the City; and WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare of the City to administer procedures for the review of all multi-family and townhome projects located outside of a designated historic district; and WHEREAS, the Mayor and City Commission deem it appropriate to protect the significant architectural history, existing building scale, and unique character of the multi- family residential and townhome neighborhoods in Miami Beach; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 118, "Administration and Review Procedures," Article VI, "Design Review Procedures" of the Land Development Regulations of the Code of the City. of Miami Beach, Florida is hereby amended by amending section 118-252 as follows: Sec. 118-252. Applicability and exemptions. (a) Applicability. (1) All building permits for new construction, public interior areas, interior areas that face a street or sidewalk, demolitions and wrecking, alterations, or additions to existing buildings, including fences, parking lots, walls and signs, whether new or change of copy, and exterior surface finishes and materials, shall be subject to review under the design review procedures except as provided in subsection (b) of this section. No building permit shall be issued without the written approval by the design review board or staff as provided for in these regulations. (2) All public improvements upon public rights-of-way and easements. For purposes hereof, public improvements shall include, but not be limited to, structures, streetscape projects, street improvements or redesign, modifications to street lighting or signage, landscaping projects, medians, and above ground utilities; however, public improvements shall exclude routine maintenance and utility repair work. (3) The review and approval of all new single family home construction, in accordance with o' '~' ' ~....secbon 142-108. I~2-I (4) The review and approval of all new townhomes and townhouse developments, in accordance with the procedures of this Article. (b) Exemptions. Exemptions to these regulations include all of the following provided no new construction or additions to existing buildings are required: (1) All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, and all other mechanical and electrical equipment when such work is entirely within the interior of the building, excluding public interior areas and interior areas that face a street or sidewalk; however, the planning director may approve such building permit applications for minor work on the exterior of buildings. (2) Any permit necessary for the compliance with a lawful order of the building official, fire marshal or public works director related to the immediate public health or safety. (3) All single-family detached dwellings within sinqle family zoning districts are exempt from the design review regulations, with the exception of exterior surface cOlor samples and finishes, and the review and approval of all new single family home construction in accordance with subsection 142-108. ~Ao_~ nc~.~-~,7._ ,....\..j\, j. However, all building permits for new construction, alterations or additions to existing structures shall be subject to compliance with section 142-105, and all demolition permits must be signed bythe planning director, or designee. (4) All properties located within designated historic districts and designated historic sites. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or partS of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4, S£V£RABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this llth day of , Day:id Dermer ATteST: Robert ?archer ,2006. First Reading: December 7, 2005 Second Readingf' January11,2006 Verified by: pg ~ G .'"G~-'~ ez,/~'r~P n~ing Direct~ Underscore denotes new language ~*-~'"*~'-"'"'~' denotes deleted language ~l,~ I.I II.VIii II V~,,~I I APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Ci[y ~orney~,_ / ' D'~te T:W, GENDA~006\jan 1106\Regular\DRB SCOPE - ORD JAN.doc 12/28/2005 Condensed Title: COMMISSION ITEM SUMMARY IOrdinance Amendment Pertaining to the Scope and Exemptions of the Design Review Board. Key Intended Outcome Supported: IIncrease satisfaction with Neighborhood Character Issue' IThe confirmation of DRB review authority as it pertains to townhome developments and single family homes located in single family districts. Item Summary/Recommendation' The subject ordinance affirm that townhome developments are subject to DRB review and that single family homes located in single family districts are not subject to DRB review. On December 7, 2005, the subject Ordinance was approved on First Reading. The Administration recommends that the Ordinance be adopted on Second Reading. Advisory Board Recommendation' The Planning Board reviewed the subject Ordinance on November 22, 2005 and transmitted it to the City Commission with a favorable recommendation. Financial Information: Source of ~ount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact. City Clerk's Office Legislative Tracking: IJorge Gomez or Tom Mooney Sign-Offs: Department Director ASSistant City Manager CitY Manager MiAMiBEACH AGENDA ITEM DATE Rs'c I-I I-o6, MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov , COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: City Manager Jorge M. Gonzalez {~~% SECOND READING DATE: January 11, 20064 PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE VI, "DESIGN REVIEW PROCEDURES" BY CLARIFYING THE SCOPE OF REVIEW OF THE DESIGN REVIEW BOARD AS IT PERTAINS TO, SINGLE FAMILY HOMES AND TOWNHOMES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS The proposed Ordinance amendment clarifies two (2) separate provisions pertaining to the applicability and exemptions of the Design Review Board (DRB). First, the subject Ordinance clarifies that the DRB scope of review includes townhomes and townhouse developments. Secondly, the Ordinance confirms that single-family detached dwellings within single family zoning districts are exempt from the design review regulations and do not require the review of the DRB. This change makes it clear that single family homes in multi-family and townhome districts are subject to the review of the DRB. These modifications add clarity to the Design Review section of the Land Development Regulations and will assist individuals who are reading the code for the first time in order to ascertain specific development rights and regulations. The Planning Board reViewed the subject Ordinance on November 22, 2005 and transmitted it to the City Commission with a favorable recommendation. On December 7, 2005 the City Commission approved the subject Ordinance on First Reading. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. January 11, 2006 Commission Memorandum Ordinance - DRB Scope and Exemptions Page 2 of 2 ~ CONCLUSION The Administration recommends that the City Commission approve the proposed Ordinance. Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be necessary in order to enact any amendments to the Land Development Regulations. JMG/TH/JGG/TRM T:~AGENDA~006\jan1106\Regular~DRB SCOPE - MEMO JAN.doc ' CITY OF MIAMI BEACH ' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami. Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Conve'ntion Center Drive, Miami Beach, Florida, on Wednesday, January 11,2006, to consider the following: 10:15 a.m. An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance, By Establishing The Classifications Of Bicycle Program Coordinator, Case Worker Ii, Chief Building-Code Compliance Officer, Chief Fire Protection Analyst, Community Information Coordinator, Emergency Management Coordinator, Environmental Resources Manager, Film & Event Production Manager, Grants And Operations Administrator, Labor Relations Director, Labor Relations Specialist, Landscape Projects Coordinator, Management Consultant, Media Assistant, Neighborhood Services Projects Administrator, Park Facility Manager, Radio Systems Administrator, Senior Management Consultant, Senior Network AdminiStrator, Senior Systems Analyst, Senior Systems Administrator, Senior Telecommunications Specialist, Systems AdmCnistrator, Systems Analyst, Telecommunications Specialist, Traffic Engineer, Transportation Manager, Truancy Preventation Program Coordinator, Urban Forester, And Voip Network Administrator; Amending The Title And Grade Of The Classification Of Labor Relations Director And Grades Of The Classifications Of Network Administrator, Procurement Coordinator And Senior Procurement Specialist. inquiries may be directed to the Human Resources Department at (305) 673-7520. 1'0:20 a.m. An Ordinance Amending Division 2, Entitled "The Barrier-Free Environment Committee"; Amending Section 2-3't Entitled "Established; Purpose; Composition" By Changing The Committee's Name To "Disability Access Committee". Inquiries may be directed to the Public Works Department at (305) 673-7080. 10:25 a.m. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article VI, "Design Review Procedures" By Clarifying The Scope Of Review Of The Design Review Board As it Pertains To Single Family Homes And Townhomes. Inquiries may be directed to the Planning Department at (305) 673-7550. 5:0'1 p.m. An Ordinance Amending Chapter 46 Of The City Code, Entitled "Environment," By Amending Article IV, Entitled "Noise," By Amending Section 46-151, EnUtled "Definitions," To Provide New Terms And Definitions And Deleting Certain Terms And Definitions; Amending Section 46-152, EntiUed "Unreasonably Loud Noise Prohibited," By AmendingThe Title And Adopting Section 21 - 28 Of The Code Of Miami-Dade County By Reference: Amending Section 46-153, Entitled "Responsibility For Compliance," By Amending The Provisions Thereof; Repealing Section 46-154, Entitled "Noise Level 'in Specific Area"; Repealing Section 46-155, EntiUed "Additional Sound Limitations For Public Property"; Amending Section 46-156, Entitled "Temporary Permits," By Expanding The Prohibited Areas For Construction Noise To Within 300 Feet Of Certain Districts And Amending The Exemptions For Special Events And Film Permits; Amending Section 46- 157, Entitled "Exemptions," And By Deleting Subsection (11) And Amending The Provisions Thereof; Amending Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation," By Amending The Procedures For Enforcement And Warnings; Amending Section 46-159, Entitled "Civil Fines For Violation; Appeals," By Amending The Fines And PenalUes For Violations, The Appeal Procedures, And The Alternate Means Of Enforcement; Amending And Renumbering Section 46-160, Entitled "NuiSance," As Section 46-161, And Renaming Section 46-160 As "Relief From Violations For Sound Systems And Compliance" And Creating Provisions Therefore; Amending And Renumbering Section 46-161, Entitled "Motor Vehicle Alarms" As Section 46-162 Which Is Hereby Created. Inquiries may be directed to the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are.available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language ir~terpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call 71 t (Florida Relay Service). Ad #349