2009-3637 OrdinanceORDINANCE NO. 2009-3637
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH AMENDING CITY CODE CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE VII,
"DIVISION OF LAND/LOT SPLIT," SECTION 118-321, "PURPOSE,
STANDARDS AND PROCEDURES," BY AMENDING THE REVIEW
CRITERIA FOR REQUESTS FOR A DIVISION OF LAND/LOT SPLIT TO
INCLUDE A CRITERION THAT CONSIDERS THE IMPACTS AND
MITIGATION OF THE PROPOSED LOT SPLIT ON THE
ARCHITECTURAL SIGNIFICANCE OR HISTORIC VALUE OF
EXISTING HOMES; 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, new construction that is compatible with the prevailing character of
existing residential neighborhoods should be encouraged and promoted; and
WHEREAS, the City of Miami Beach places a strong emphasis on the retention
and preservation of existing, architecturally significant single family homes; and
WHEREAS, the Mayor and City Commission deem it appropriate to protect the
significant architectural history, existing building scale, and unique character of the
single family residential neighborhoods in Miami Beach; and
WHEREAS, the amendment set forth below is 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 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:
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 that would be created are divided in such a manner that
they are in compliance with the regulations of these land development
regulations.
(2) Whether the building site that would be 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 that would be 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 that would be created would be free of
encroachments from abutting buildable sites.
Whether the proposed lot split adversely affects architecturally significant
or historic homes, and if so, how the adverse effects will be mitigated. The
Board shall have the authority to require the full or partial retention of
structures constructed prior to 1942 and determined by the Planning
Director or designee to be architecturally significant under section 142-
108 a .
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 amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section"
or other appropriate word.
Section 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
2 of 3
Ordinance 2009-3637
Section 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 13th
A TEST:
Ot~t~U~
CITY CLERK
Robert Parcher
First Reading:
Second Reading:
Verified by:
Underscore denotes new language
`' & FOR EXECUTION
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_. - ity Attorney Date
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F:\PLAN\$PLB\draft ordinances\1924 -lot split criteria -part 3\Ordinance-LUDC modification-PB version.doc
day of May
2009.
MAYOR
Matti Herrera Bower
APPROVED AS TO
FORM AND LANGUAGE
3 of 3
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance proposing an amendment to Section 118-321 adding a criterion to the Lot Split review that
would authorize the Planning Board to require full or partial retention if an existing structure within the
parcel is deemed architecturally significant.
Ke Intended Outcome Su orted:
Not Applicable -Regulatory
i Supporting Data (Surveys, Environmental Scan, etc
Not Applicable -Regulatory
Issue:
Should the City Commission adopt the proposed ordinance which would grant the authority to the Planning
Board to require the retention of a structure that is determined to be architecturally significant when
i reviewing lot split applications.
item summa
SECOND READING PUBLIC HEARING
This ordinance gives the authority to the Planning Board to require the partial or full retention of a structure
if determined to be architecturally significant when reviewing an application requesting to divide a property.
The determination of architectural significance is pursuant to the process under Section 142-108(a) of the
City Code
The Administration recommends that the City Commission adopt the proposed ordinance.
Advisory Board Recommendation:
At the March 24, 2009 meeting the Planning Board by a vote of 5-0 (two members absent) recommended
_adoption of the proposed ordinance.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the
long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative
action and determined that the proposed Ordinance is administrative in nature and is not expected 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
m MIAMIBEACH
AGENDA ITEM ~ `~~
DATE ~~(.3''d9
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: May 13, 2009 Second Reading Public Hearing
SUBJECT: Lot Split Criteria
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH AMENDING CITY CODE CHAPTER 118, "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE VII, "DIVISION OF LAND/LOT
SPLIT," SECTION 118-321, "PURPOSE, STANDARDS AND PROCEDURES,"
BY AMENDING THE REVIEW CRITERIA FOR REQUESTS FOR A DIVISION OF
LAND/LOT SPLIT TO INCLUDE A CRITERION THAT CONSIDERS
THE IMPACTS AND MITIGATION OF THE PROPOSED LOT SPLIT ON THE
ARCHITECTURAL SIGNIFICANCE OR HISTORIC VALUE OF EXISTING
HOMES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND
At the February 25, 2009 meeting, the City Commission referred an ordinance that would
amend the review criteria for lot splits which would add a new criterion to the review
guidelines for lot splits. The criterion reviews whether the proposed lot split adversely affects
architecturally significant or historic homes, and grants the authority to the Board to require
the full or partial retention of structures constructed prior to 1942.
ANALYSIS
In all cases when a lot split application is submitted, staff is mindful to review whether there
is an existing home being retained as a result of the lot split, and whether the home is an
architecturally significant structure built prior to 1942. In making recommendations, it has
been a matter of practice that staff recommends as a condition that the architecturally
significance of the existing home be determined by the historic preservation staff.
The addition of this new review criterion grants the authority on to the Planning Board to
review whether the proposed lot split adversely affects architecturally significant or historic
homes, and if so, how the adverse effects will be mitigated and to require the full or
City Commission Memorandum
Lot Split Criteria
May 13, 2009 Page 2
partial retention of structures constructed prior to 1942 and determined to be architecturally
significant.
The Land Use and Development Committee reviewed the proposed ordinance and
recommended the referral to the Planning Board for its input and recommendation.
PLANNING BOARD ACTION
At the March 24, 2009 meeting the Planning Board recommended that the City Commission
adopt the proposed ordinance by a vote of 5-0 (two members absent).
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions,"
this shall confirm that the City Administration evaluated the long term economic impact (at
least 5 years) of this proposed legislative action and determined that the proposed
Ordinance is administrative in nature and is not expected to have any fiscal impact upon the
resources of the City.
CITY COMMISSION ACTION
At the April 22, 2009 meeting, the City Commission approved the proposed ordinance on
first reading.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Pursuant to Section 118-164 of the City Code, 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 maybe 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
newspaper of general circulation in the city. The notice of proposed enactment shall state
the date, time and place of the meeting; the title of the proposed ordinance; and the place or
places within the city where such proposed ordinances may be inspected by the public. The
notice shalt also advise that interested parties may appear at the meeting and be heard with
respect to the proposed ordinance.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance. An affirmative vote of five-sevenths of all members of the City
Commission shall be necessary in order to enact any amendment to the Land Development
Regulations.
T:WGENDA\2009\May 13\Regular\1924 -Lot split criteria memo.doc
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE tS:HEREBY;,given that second readings and public hearings will tie held by the Maygr and ,:
City?Cammission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, Cdy Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May 13; 2009, to consider the
following:
10:15 a.m.
An Ordinance Amending Chapter 2 Article III; Of The Miami Beach Ctty Code, Entitled "Agencies, Boards
And Committees.' By Creating Division 32. Entitled "Gay, lesbian, Bisexual And Transgender (GLBT)
Business Enhancement Committee," And Sections 2-190.144 Through 2-190:147 Thereto.
Inquiries ma, be directed to the City Attorney's Office at (305)673-i470.
10:20 a. m.
An Ordinance Amending Chapter 14 Of The City Code, Entitled "Building Regulations," By;Amending
Article II, Entitled "Construction Standards," By Amending Division 1, Enttled "Generally." By
Amending Section 14-403„Enttled "Penafiy For ~Aolation Of Article;" To Provide For The Enforcement
Of Non-Functioning Wheelchair Lifts By Citation; And Amending Section 14-444, Entitled "Schedule
Of Violation Fines," By Adding A Cftation And Fine Schedule ForThe Enforcement-Of-Non-Functioning
WheelcheirLifts: -.
~quiries may be directed to the Building Department at (305) 673-7610..
10:25 a.m.
'An,Ordinance-Amending City Code. Chapter 1i8, "Administration And .Review Procedures," Article VN,
"Division Of LartdLLot Split," Section198-321, "Purpose, Standartfs-And Rrocedures," By Amending The
Review.Criteria For Requests For A Division Of Land/Lot SpiitTo Include A Criterion-That Considers The
Impacts And Mitigation Of The Proposed Lot Split OnThe ArohRectural Significance OrHistonc Value Of
Existing Homes.
Inquiries may be directed o the Plarming Departmentat (305) 673-7550_.
An Ordinance Amending The Land: -DevelopmentRegulations Of The City. Code Sy Amending
Chapter 1 i8, "Administrative And Review Procedures," Article 1. "Boards;" Division 2; "Planning Board,"
Section 118-52, "Meetings And Procedures;"..Division 3, "Design Review 'Bo`ard,"Section 118=74,
"Removal;"Division 4, "HistoricPresenration~Board;"-"Section 1]8-105,-"Remoyai;".Division 5, "Board
Of Adjustment," Section 118-133, "Removal," To Warmonize3he Permitted Number Of Absences And
Recusals For Lai1tl Use Board Members.
Inquiries may'ba drrected to the Planning Department at (305) 673-7550.
10:35 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 x; "Historic Preservation,"
Division 5, "SingleFamily Ad Valorem Tax Exemption", Modifying The Requirements And Procedures For
CRy Ad Valorem Tax Exemptions For Single Family Homes.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invfted to appear at this meeting, or be represented by an agent, or to
express their views in writing addressed to the City Commission, c% 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 hoursinthe CityClerk's Office,1700 ConventionCeMer
Drive, 1st Flooc'Ciry Hall, and Miami Beach, Florida 33139, This meeting may be continued and under
such circumstances additional legal notice would not beprovided.
Robert ~. Patctter, City Clerk
City of'Miami.Beach
Pursuant to Section 286.0105, fla. Stet., the City hereby advises fhe public that: if a,:person decides to
appeal any decision made by the City Commission with respect aoany~mafter:considered aYits meeting
or Rsheanng, such person must ensurethat a verbatim record of the:proceedings:ismade, which record
includes the testimonyand~evidenceuponwhichtheappealistobebased..Thisnoticedoesnotconstitute
consent by the City forthe introductionor admissiomof otherwise lnadmissibleor irrelevant evidence; nor
does R. authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters.;lnfcnnatfomon accesstorpersons
wRhdisabiltties, andior any accommodation to review any document crparticipatein any city-sponsored
proceeding. please contact (305) 604-2489 (voice), (305) 673-72Y6 fn1~ five days in advanee'to initiate
your request. TTY usersrmay also call 71 ] (Florda RelayService): -
Ad tl535 _ -