2009-3625 Ordinance Planning Board version
ORDINANCE NO. 2009-3625
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING CITY CODE CHAPTER
118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE VII,
"DIVISION OF LAND/LOT SPLIT," SECTION 118-321, "PURPOSE,
STANDARDS AND PROCEDURE," BY CLARIFYING THAT THE
REVIEW CRITERIA FOR REQUESTS FOR A DIVISION OF LAND/LOT
SPLIT TO REQUIRE AN APPLICANT TO SUBMIT MASSING AND
SCALE STUDIES OF POSSIBLE STRUCTURES AND USES ON THE
LOT OR LOTS PROPOSED TO RESULT FROM LOT SPLITS, AND
THE REQUIRED OPINION OF TITLE SHOULD BE AS OF A DATE NOT
MORE THAN 120 DAYS BEFORE THE PLANNING BOARD MEETING;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, review criteria are necessary for the proper review and evaluation by
the Planning Board for the requests to divide or split a parcel of land; and
WHEREAS, the preservation of neighborhood character is an important quality to
protect; and
WHEREAS, new construction that is compatible with the prevailing character of
existing residential neighborhoods should be encouraged and promoted; and
WHEREAS, review criterion number 3 of the lot split review criteria in City Code
Section 118-321 requires an applicant for a lot split to establish: "Whether the scale of
any proposed new construction is compatible with the as-built character of the
surrounding area, or creates adverse impacts on the surrounding area; and if so, how
the adverse impacts will be mitigated. "
WHEREAS, in order to ensure that sufficient evidence is submitted to establish
that an application satisfies review criterion number 3, it is necessary to clarify the
authority of the Planning Director and Planning Board to require an applicant in
establishing compliance with this criterion to submit massing and scale studies reflecting
structures and uses permitted under the land development regulations as a result of the
proposed lot split, even if the applicant presently has no specific plans for construction.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That City Code Chapter 118, "Administration and Review Procedures,"
Article VII, "Division of Land/Lot Split," Section 118-321, "Purpose, Standards and
Procedure," is hereby amended as follows:
Sec. 118-321. Purpose, Standards and Procedure.
In order to maintain open space and neighborhood character, wherever there may exist
a main permitted structure and any accessory/auxiliary building or structure including,
but not limited to, swimming pools, tennis courts, walls, fences, or any other
improvement that was heretofore constructed on property containing one or more platted
lots or portions thereof, such lots shall thereafter constitute only one building site and no
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Planning Board version
permit shall be issued for the construction of more than one main permitted structure on
the site unless the site is approved for the division or lot split by the planning board.
No lot(s), plot(s) or parcel(s) of land, whether improved or unimproved or building site, as
defined herein, designated by number, letter or other description in a plat of a
subdivision, shall be further divided or split, for the purpose, whether immediate or
future, of transfer of ownership or development, without prior review and approval by the
planning board. Lots shall be divided in such a manner that all of the resulting lots are in
compliance with the regulations of these land development regulations. All lot lines
resulting from the division of a lot shall be straight lines and consistent with the
configuration of the adjoining lots.
If a main permitted structure is demolished or removed therefrom, whether voluntarily,
involuntarily, by destruction or disaster, no permit shall be issued for construction of
more than one main permitted structure on the building site unless the site is approved
for the division or lot split by the planning board.
A. Procedure
(1) All applicants shall provide as part of the application process copies of all
deed restrictions, reservations or covenants applicable to the building
site, lot, plot or parcel of land being considered for division or split, and an
opinion of title e~er~si+~ that, as of a date not more than 120 days
before the Planning Board's decision upon the application, ~ none of
such matters de-pet prevent or serve as exceptions to the division or split
requested. No variance from this requirement shall be allowed.
(2) Any applicant requesting the establishment or separation of building sites
shall pay the fee for division of lot or lot split as provided in appendix A.
The fees in this section are for the purpose of defraying expenses of
public notices and other administrative costs in connection with
processing applications. An additional fee as provided in appendix A shall
be required for an after-the-fact application.
(3) If a deferment or an extension of time is requested by the applicant, an
additional fee as provided in appendix A shall be assessed.
(4) If a request for a deferral is submitted by the administration or the
planning board, and not at the request of an applicant, there will be no
additional charge.
(5) If the applicant withdraws the application after it has been accepted by
the planning department, but prior to the public noticing of the request,
the city shall refund 50 percent of required fees.
B. Review criteria. In reviewing an application for the division of lot and lot split, the
planning board shall apply the following criteria:
(1) Whether the lots created are divided in such a manner that they are in
compliance with the regulations of these land development regulations.
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Planning Board version
(2) Whether the building site created would be equal to or larger than the
majority of the existing building sites, or the most common existing lot
size, and of the same character as the surrounding area.
(3) Whether the scale of any proposed new construction is compatible with
the as-built character of the surrounding area, or creates adverse impacts
on the surrounding area; and if so, how the adverse impacts will be
mitigated. To determine whether this criterion is satisfied, the applicant
shall submit massing and scale studies reflecting structures and uses that
would be permitted under the land development regulations as a result of
the proposed lot split, even if the applicant presently has no specific plans
for construction.
(4) Whether the building site created would result in existing structures
becoming nonconforming as they relate to setbacks and other applicable
regulations of these land development regulations, and how the resulting
nonconformities will be mitigated.
(5) Whether the building site created would be free of encroachments from
abutting buildable sites.
C. Final decision. In granting a division of land/lot split, the planning board may
prescribe appropriate conditions and safeguards, including but not limited to a
condition restricting the size of new structures to be built on the resulting lots,
based upon the application's satisfaction of and consistency with the criteria in
subsection B above, and the board's authority under section 118-51. Violation of
such conditions and safeguards, when made a part of the terms under which the
division of land/lot split is granted, shall be deemed a violation of these land
development regulations.
The decision of the planning board shall be final and there shall be no further
review thereof except by resort to an appellate court of competent jurisdiction by
petition for writ of certiorari.
D. Procedure to request adjustment to the after-the-fact fee. The planning board
may adjust the after-the-fact fee based on substantial competent evidence that
there are extenuating circumstances that warrant such an adjustment. The
request for a fee adjustment shall be in writing at the time the application for a lot
split is filed with the planning department. The adjusted after-the-fact fee shall not
be less than the regular application fee.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, 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 as
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Planning Board vers on
mentleq that the sections of this ordinance may be re umberetl or reletteretl to
accempgsh such Intention; antl tM1at the woM "ordinance" may be cM1anged to "sedion" or
other appropriate woM.
SECTION 6. Severebilily.
If any aedion, subsection, clause or provision of this ONlnance Is heltl invalid, [he
remaintler shall not bB affected by eucM1 Invalidity.
SECTION 5. Effective OaG.
This Ordinance shall take effect ten tlays following atloption
PASSED and ADOPTEDIhis PBtb tlay of Javuary 3009:-
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OITV CLERK
Bober[ Paicher
APPROVED AS TO
First Reading'. ORM AND LANGUAGE
Second Reatling: 8 FOR EXECUTION
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Verrfietl by:
_~ Clty Attorney Date
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a ning Director
Underscore denotes new language
SH&e[hreagp tlenotes tleletetl language
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance proposing an amendment to the Land Development Regulations of the City Code amending
the review criteria for a lot split to require massing and scale studies to determine compatibility with
neighborhood and require that the opinion of title should be as of a date not more than 120 days before the
Plannin Board meetin .
Ke Intended Outcome Su orted:
Satisfaction with neighborhood character
Supporting Data (Surveys, Environmental Scan, etc
Satisfaction with compatibility of new construction
Issue:
Should the City Commission adopt the proposed ordinance that amends the review criteria for a lot split by
requiring massing and scale studies to determine compatibility with neighborhood and require that the
o inion of title should be as of a date not more than 120 da s before the Plannin Board meetin ?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
This ordinance will make it mandatory to submit massing and scale studies when an application to divide a
parcel of land is submitted for review by the Planning Board. The proposed ordinance also requires that
the opinion of title be of a date not more than 120 days from the date of the meeting.
The Administration recommends that the City Commission adopt the proposed ordinance as modified by
the Planning Board.
Adviso Board Recommendation:
At the October 28, 2008 meeting, the Planning Board voted (6-0; one member absent) to recommend to
the City Commission adoption of the proposed ordinance, as modified. The Board modified the proposed
ordinance by requiring that massing and scale studies be submitted with an application for the division of
a arcel of land and also re uirin that the o inion of title be current.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
The ro osed Ordinance is not ex ected to have an fiscal im act u on the resources of the Ci .
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Si n-Offs:
Department Di ctor ssistant City Manager City Manager
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T:WGF A\2 9\January 28\F2 ular\ 881 -lot sph criteria sum.doc
M I AiM (V EAR H AGENdADA
E ''S ~
m? MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 28, 2009
SECOND READING PUBLIC HEARING
SUBJECT: Lot Split Review Criteria
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CITY CODE CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE VII, "DIVISION
OF LAND/LOT SPLIT," SECTION 118-321, "PURPOSE, STANDARDS AND
PROCEDURE," BY CLARIFYING THAT THE REVIEW CRITERIA FOR
REQUESTS FOR A DIVISION OF LAND/LOT SPLIT TO REQUIRE AN
APPLICANT TO SUBMIT MASSING AND SCALE STUDIES OF POSSIBLE
STRUCTURES AND USES ON THE LOT OR LOTS PROPOSED TO RESULT
FROM LOT SPLITS, AND THE REQUIRED OPINION OF TITLE SHOULD BE AS
OF A DATE NOT MORE THAN 120 DAYS BEFORE THE PLANNING BOARD
MEETING; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
At the June 25, 2008 meeting, the City Commission referred an ordinance that would amend
the review criteria for lot splits which would clarify the review criteria that evaluates whether
the proposed new construction is compatible with the as-built character of a neighborhood or
surrounding area.
ANALYSIS
City Code section 118-321 B. provides review criteria for applications that propose lot splits
for consideration by the Planning Board. Arguably, subsection B. (3) requiring the Planning
Board to consider whether the proposed lot split would result in new construction that would
be compatible with the as-built character of the surrounding area, or creates adverse
impacts on the surrounding area, may be interpreted so as to not require plans for proposed
construction to be submitted or considered as part of the request. That subsection
specifically provides:
City Commission Memorandum
Lot split criteria
January 28, 2009 Page 2
B. Review criteria: In reviewing an application for the division of lot and lot split,
the planning board shall apply the following criteria:
(3) Whether the scale of any proposed new construction is compatible
with the as-built character of the surrounding area, or creates
adverse impacts on the surrounding area; and if so, how the adverse
impacts will be mitigated.
It was the intention of the Administration and the City Attorney's Office when this ordinance
was amended last year, that applicants would submit evidence, such as massing and scale
studies, to assist in determining whether a proposed lot split satisfies this criterion.
To clarify this intention, the City Attorney requested the City Commission to refer to the
Planning Board an amendment to the land development regulations that would require such
studies. The Administration supports this amendment.
The City Commission has asked that the Planning Board consider two versions of the
ordinance. The first provides that the Planning Director and Planning Board may require the
applicant to submit massing and scale studies reflecting structures and uses permitted
under the land development regulations as a result of the proposed lot split, even if the
applicant presently has no specific plans for construction. The second version requires
such submittals from all applicants.
PLANNING BOARD ACTION
At the October 28, 2008 meeting, the Planning Board voted (6-0; one member absent) to
recommend the City Commission adoption of the alternative version of the proposed
ordinance, as modified,requiring the massing and scale studies. The Board also included a
requirement that the opinion of title, which is one of the documents that must be submitted
with an application to divide a parcel, must not be of a date more that 120 days from the date
of the meeting.
FISCAL IMPACT
The proposed Ordinance is not expected to have any significant fiscal impact upon the
resources of the City.
CITY COMMISSION ACTION
At the December 10, 2008 meeting, the City Commission approved the proposed ordinance
on first reading. The Commission also discussed an additional criterion that evaluates the
extent to which the proposed lot split preserves an existing structure. This item was referred
to the Land Use and Development Committee and afterwards to the Planning Board for
review and recommendation.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed ordinance.
Pursuant to Section 118-164(3), when a request to amend the Land Development
Regulations does not change the actual list of permitted, conditional or prohibited uses in a
zoning category, the proposed ordinance may be read by title or in full on at least two
separate days and shall, at least ten days prior to adoption, be noticed once in a
City Commission Memorandum
Lot split criteria
January 28, 2009 Page 3
newspaper of general circulation in the City. Immediately following the public hearing at the
second reading, the City Commission may adopt the ordinance by afive-sevenths vote.
JMG/TH/JGG/ML
T:WGENDA\2008\December 10\Regular\1881 -lot split criteria memo.doc
o .
CITY OF •MIAMI BEACH
0
NOTICE `OF PUBLIC HEARINGS
NOTICE IS HEREBY given .that second readings and public hearings will be held ~ '
by the Mayor and City Commission of the City of Miami Beach, Florida, in the ~ Z
a
Commission Chambers, 3rd floor, City Ha11,1700 Convention Center Drive, Miami ~ }
Beach, Florida, on Wednesday, January 28, 2009, to consider the following: ao
10:15 a.m. ~
An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Section ~ ~
2-22(5)(a) Thereof Regarding General Requirements For Membership On City Of ~ c
Miami Beach's Agencies, Boards And Committees, By Providing That When A -~.
Vacancy On The City Commission Exists Beyond December 31 Of The Year An w
Appointing Commission Member Leaves Office, Direct Appointees Of Said Former
Commission Member Shall Hold Over Until The Appointment/Election Of The 4"
Successor City Commission Member. ~
Inquiries may be directed to the City Attorney's Office at (305) 673-7470. ~
10:20 a.m. j
An Ordinance Amending The Land Development Regulations Of The City Code i Q
Of The City 0f Miami Beach, Florida By Amending Chapter 118, "Administration z
And Review Procedures," Article il, "Boards;" Division 2, "Planning Board," By ~
Amending Section-118-53, "Composition,° By Clarifying That Only A Resident o
Of The. City Shall Be Eligible For Appointment; Amending Division 4, "Historic ~
Preservation Board," Section 118-103, "Membership," By Establishing That One
Of The At-Large Members Who Must Own Or Manage Property In One Of The ~
Historic Districts Shall Afso Reside In The City. .o
:i
Inquiries may be directed to the Planning Departmenf;at (305) 673-7550.
m
10:25 a.m. ' ~
An Ordinance Amending City Code Chapter 118, "Administration And Review
Procedures," Article VII, "Divisioh Of Land/Lot Split," Section 118-321, "Purpose, i
Standards And Procedure," By Clarifying That The Review Criteria For Requests
For A Division Of LandlLot Split To Require An Applicant To Submtt Massing And
Scale Studies Of Possible Structures And Uses On The Lot Or Lots Proposed To
Result From Lot Splits; And The Required Opinion, Of Title Should Be As Of A Date
Not More Than 120 Days Before The Planning Board Meeting.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:35 a.m.
An Ordinance Implementing A Deferred Retirement Option Plan For Members Of
The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504,
! As SubsequentiyAmended; Oreating A New Section 2.26, Providing A Definition Of
Deferred Retirement Option Plan; Creating A New Section 5.13, Establishing The .
Deferred Retirement Option Plan And Setting Forth The Features Of The Plan.
Inquiries may be directed to the Human Resources Qepertment at (305) 673-7520.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by
an agept, or to express their views in writing addressed to the City Commissiop,
c/o the City Clerk, 1700 Gonventioh Center Drive, i st 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 Qffice, 1700 Convention Center
Drive, 1st Floor, Gity 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 Glerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the Ciiy hereby advises the public
I 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 er admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
1 appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters,
information on access for persons with disabNities, and/or any accommodation
to review any document or participate in any city-sponsored proceeding, please }
contact (305) 604-2489 (voice), (305) 673-7218 (fTY) five days in advance to
initiate your request. TTY users may also call 711 (Florida Relay Service), t
Ad #519 i