Ordinance 95-3003 ORDINANCE NO. 95-3003
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, AMENDING SECTION 3, ENTITLED
"DEFINITIONS" , AMENDING SUBSECTION 3-2, ENTITLED "TERMS
DEFINED" , BY CREATING A DEFINITION FOR THE TERMS "FULL
BUILDING PERMIT" AND "PHASED DEVELOPMENT PERMIT" ;
AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD" ,
AMENDING SUBSECTION 18-2, ENTITLED "DESIGN REVIEW
PROCEDURES" BY CREATING NEW REGULATIONS PERTAINING TO
DEFERRALS AND CONTINUANCES OF APPLICATIONS, BY CLARIFYING
THAT AN APPLICANT SHALL HAVE UP TO ONE (1) YEAR FROM THE
DATE OF DESIGN REVIEW APPROVAL TO OBTAIN A FULL BUILDING
PERMIT OR PHASED DEVELOPMENT PERMIT AND BY CLARIFYING
THAT THE DESIGN REVIEW BOARD MAY GRANT EXTENSIONS OF THE
REQUIRED TIME TO OBTAIN A FULL BUILDING PERMIT AND PHASED
DEVELOPMENT PERMIT NOT TO EXCEED A TOTAL OF ONE (1) YEAR
FOR ALL EXTENSIONS; PROVIDING THAT WHEN A PROJECT HAS
BECOME NON-CONFORMING SINCE THE DATE OF THE APPLICATION
DUE TO THE ENACTMENT OF A ZONING ORDINANCE AMENDMENT OR
A COMPREHENSIVE PLAN AMENDMENT, OR DURING A PERIOD OF
MORATORIUM AS SET FORTH IN SUBSECTION 14-7 OR SUBSECTION
14-8 OF THIS ORDINANCE, SUCH PROJECTS SHALL NOT BE
PERMITTED TO RECEIVE EXTENSIONS OF TIME FROM THE DESIGN
REVIEW BOARD FOR ANY REASON; PROVIDING FOR A STAY OF THE
ISSUANCE OF PERMITS AND OF THE RUNNING OF THE REQUIRED
TIME TO OBTAIN PERMITS UNTIL THE FINAL
ADMINISTRATIVE/COURT RESOLUTION OF CERTAIN
REHEARINGS/REVIEWS/APPEALS; EXEMPTING PROJECTS WITH PRIOR
DESIGN REVIEW VARIANCE OR BUILDING PERMIT APPROVALS OR
COMPLETED APPLICATIONS SUBMITTED FOR THOSE APPROVALS FROM
THE APPLICATION OF SOME OF THESE AMENDMENTS; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission is concerned about proper
planning and zoning for the City of Miami Beach; and
WHEREAS, it is necessary to assure that proposed development
is consistent with enacted changes to the zoning ordinance and
comprehensive plan.
s
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF ZONING ORDINANCE SUBSECTION 3 .2
That Subsection 3-2 , of Section 3 , entitled "Definitions" of
Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as
follows :
3-2 TERMS DEFINED
A. 82 FULL BUILDING PERMIT: For purposes of Section 18 of
this Ordinance, (Design Review Board) , the term
"Full Building Permit" shall be used instead of
"Building Permit" . A Full Building Permit shall be
the full and complete building permit allowing
construction of the entire project , and requiring
submission of all plans required and approved by
the Design Review Board. A Full Building Permit
shall not be merely a Demolition, Electrical ,
Foundation, Mechanical or Plumbing permit or any
other partial permit that does not include all
plans for the entire project as submitted, required
and approved by the Design Review Board; except
2
that projects which have been approved for phased
development by the Design Review Board may obtain a
Phased Development Permit instead of a Full
Building Permit .
*
A.157 PHASED DEVELOPMENT PERMIT: For purposes of Section
18 of this Ordinance, (Design Review Board) , a
Phased Development Permit shall apply to multiple
Building\Structure Development only and shall
include all plans for each phase of the project as
submitted, required and approved by the Design
Review Board. The Applicant shall request that the
Board approve a phased Development at the public
hearing and the Board shall specify a reasonable
time limit within which each of the phases shall
begin or be completed or both, except that in no
event shall the maximum time for completing a
project exceed ten years . The Board shall require
a progress report from the Applicant at the
completion of each phase . A Phased Development
Permit shall not be merely a Demolition,
Electrical , Foundation, Mechanical or Plumbing
3
s
permit or any other partial permit .
SECTION 2 . AMENDMENT OF ZONING ORDINANCE SUBSECTION 18 .2
That Subsection 18-2 , of Section 18 , entitled "Design Review
Board" of Comprehensive Zoning Ordinance No. 89-2665 is hereby
amended as follows :
18-2 DESIGN REVIEW PROCEDURES
* * *
G. Deferrals and Continuances
1 . An Applicant may defer an application before the
public hearing only one (1) time . The request to
defer shall be in writing. When an application is
deferred, it shall be re-noticed at the Applicant ' s
expense as provided in Sub-Section 18-2 .D, herein.
The applicant shall also pay a deferral fee as set
forth in Subsection 18-2 . In the event that the
application is not presented to the Board for
approval at the next regularly scheduled Board
meeting, the application shall be deemed null and
void. If the application is deferred by the Board,
the notice requirements shall be the same as for a
new application as provided in Subsection 18-2 .D,
4
and shall be at the City' s expense .
2 . The Board may continue an application to a date
certain at either the request of the Applicant or
at its own discretion. In the event the
application is so continued, not less than fifteen
(15) days prior to the new public hearing date, a
description of the request , and the time and place
of such hearing shall be posted on the property,
and advertised in a newspaper of general
circulation within the municipality at the expense
of the City.
3 . In the event the application is continued in order
for the Applicant to address specific concerns
expressed by the Board and/or staff, the Applicant
shall timely present for approval to the Board a
revised application inclusive of all required
exhibits which address the concerns of the Board
and/or staff for the date certain set by the Board,
which shall be no more than 120 days after the date
on which the Board continues the matter. In the
5
event that the Applicant fails to present for
approval to the Board, a revised application as
described above within 120 days of the date the
application was continued or at an earlier date as
ordered by the Board, the application shall be
deemed null and void.
4 . Deferrals or continuances for a specific
application shall not exceed one (1) year
cumulatively for all such continuances or deferrals
made by the Board, or the application shall be
deemed null and void.
5 . This Subsection shall also apply to Joint Design
Review/ Historic Preservation Board applications .
H. Building Permit Applications
3 . No Building Permit , Full Building Permit or Phased
Development Permit shall be issued for any plan
subject to Design Review except in conformity with
the approved plans . The Applicant shall have up to
6
one (1) year from the date of design p+-art- review
approval to obtain all ncccccary a Full Building
Permits- rcquircd to procccd with conctruction.or a
Phased Development Permit . If the Applicant fails
to obtain caid a Full Building Permit (s) or a
Phased Development Permit within the time period
one (1) year of design review approval or
construction has not commenced within two (2) years
of design review approval, all staff and Board
approvals shall be deemed null and void and the
Applicant shall be required to re-initiate the
Design Review process; however, an extensions for
cause, not to exceed a total of one (1) year for
all extensions, may be granted by the Board. If a
project becomes non-conforming after the date of
the application due to the enactment of an
amendment to this Zoning Ordinance or to the
Comprehensive Plan, or during a period of
moratorium as set forth in Sub-Section 14-7 or Sub-
Section 14-8 of this Ordinance, such a project
shall not be eligible to receive an extension of
time granted by the Design Review Board for any
7
reason.
K. Stay During Rehearings/Reviews/Appeals
1 . The filing of a request for rehearing pursuant to
Subsection 18-2I or for review pursuant to
Subsection 18-2J and/or the initiation of court
proceedings regarding a City decision pertaining to
a project shall stay the issuance of any Full
Building Permit or Phased Development Permit and
the running of the required time period to obtain a
Full Building Permit or Phased Development Permit
for the project in question until the final
resolution of all administrative and/or court
proceedings .
2 . An appeal to the Board of Adjustment of an
administrative official ' s decision which affects an
application for design review approval shall stay
the issuance of any Building Permit, Full Building
Permit or Phased Building Permit and the running of
the required time period to complete all
requirements of Subparagraphs 18-2G and to obtain a
8
Full Building Permit or Phased Building Permit
until the final resolution of all administrative
and/or court proceedings .
3 . Notwithstanding paragraphs 1 and 2 of this Section,
nothing herein shall prevent the issuance of
Building Permits or partial Building Permits
necessary to prevent imminent peril to life, health
or property, as determined by the Building
Official .
SECTION 3 . APPLICATION OF THIS ORDINANCE.
Subsection 18-2 G and the amendments to Subsection 18-2 H as
set forth in this Ordinance shall not apply to any project which
has a validly issued building permit, variance approval, or Design
Review approval, or has a completed application meeting all
submission requirements submitted for Design Review approval, Board
of Adjustment variance approval, or building permit approval prior
to the effective date of this Ordinance .
SECTION 4 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
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•
and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 6 . EFFECTIVE DATE.
This ordinance shall take effect on the 22nd day of
July , 1995 .
PASSED and ADOPTED this 12th day o ' July 1995 .
ATTEST: AillIP
A L
MAYOR
CI CLERK
1st reading 6/21/95
2nd reading 7/12/95
SWS:scf:6.0disk8\drb-14.ord
May 26, 1995
FORM APPROVED
Legal Dept.
By Tc
Date 5cvs
10
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 550 /S
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
JULY 12, 1995
FROM: Jose Garcia-Pedrosa
City Manager 1
SUBJECT: SECOND RE3 ING — AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-
2665, AMENDING SECTION 3, ENTITLED "DEFINITIONS",
AMENDING SUBSECTION 3-2 ENTITLED "TERMS DEFINED",
BY CREATING A DEFINITION FOR A FULL BUILDING PERMIT
AND A DEFINITION FOR A PHASED DEVELOPMENT PERMIT;
AMENDING SECTION 18, ENTITLED "DESIGN REVIEW
BOARD", AMENDING SUBSECTION 18-2, ENTITLED "DESIGN
REVIEW PROCEDURES" BY CREATING NEW REGULATIONS
PERTAINING TO DEFERRALS AND CONTINUATIONS OF
APPLICATIONS; BY CLARIFYING THAT DATE OF DESIGN
REVIEW APPROVAL TO OBTAIN A FULL BUILDING PERMIT OR
A PHASED BUILDING PERMIT; BY CLARIFYING THAT THE
DESIGN REVIEW BOARD MAY GRANT EXTENSIONS OF THE
REQUIRED TIME TO OBTAIN A BUILDING PERMIT NOT TO
EXCEED A TOTAL OF ONE (1) YEAR FOR ALL SAID
EXTENSIONS; BY PROVIDING THAT WHEN A PROJECT HAS
BECOME NON—CONFORMING SINCE THE DATE OF THE
APPLICATION DUE TO THE ENACTMENT OF A ZONING
ORDINANCE AMENDMENT OR A COMPREHENSIVE PLAN
AMENDMENT, OR DURING A PERIOD OF MORATORIUM AS SET
FORTH IN SUBSECTION 14-7 OR SUBSECTION 14-8 OF THIS
ORDINANCE, SUCH PROJECTS SHALL NOT BE PERMITTED TO
RECEIVE EXTENSIONS OF TIME FROM THE DESIGN REVIEW
BOARD FOR ANY REASON; PROVIDING FOR A STAY OF THE
ISSUANCE OF BUILDING PERMITS AND OF THE RUNNING OF
THE REQUIRED TIME TO OBTAIN BUILDING PERMITS UNTIL
THE FINAL ADMINISTRATIVE/COURT RESOLUTION OF
CERTAIN REHEARINGS/REVIEWS/APPEALS; EXEMPTING
PROJECTS WITH CERTAIN APPROVALS OR COMPLETED
APPLICATIONS SUBMITTED FOR THOSE APPROVALS FROM THE
APPLICATION OF SOME PORTIONS OF THIS ORDINANCE;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE .
PAGE 1 OF 6
AGENDA ITEM
DATE (-12 1 S
RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading the attached modified ordinance to amend the Design
Review Board procedures contained within Zoning Ordinance No. 89-
2665.
BACKGROUND
The amendment was requested by the Planning Board as an alternative
to the moratorium amendments that were heard by the Board on
February 21, 1995 and withdrawn by the Administration on March 15,
1995. At the Planning Board March 28th meeting, a preliminary
draft of the amending ordinance was discussed in depth by the
Board. At the April 25, 1995 public hearing, the Planning Board
made several additional minor changes to the proposed amending
Ordinance and the City Attorney's Office suggested new language
regarding rehearings, reviews and appeals. The ordinance before
you today, was unanimously (7-0) recommended for approval by the
Planning Board at their May 23 , 1995 public hearing.
At the City Commission hearing of June 21, the amendment was
adopted by a vote of 7-0; however it was requested that staff
review the term "Full Building Permit" further and ascertain if
there is any conflict with the South Florida Building Code or how
the term "Building Permit" is used by the City's Building
Department. It was determined that there is no conflict, but that
the definition should be further refined which has been done, as
indicated below.
ANALYSIS
Section 1.
This section of the amending ordinance, creates definitions for a
"Full Building Permit" and a "Phased Building Permit" . These new
definitions would be used in Chapter 18, Design Review Board,
instead of "Building Permit" . This new terminology is designed to
eliminate "grandfathering" of design review approval with the
issuance of a minor or partial building permit, especially a
foundation permit which does not include the plans as approved by
the Design Review Board. The new definition for "Full Building
Permit" has been amended further to address concerns of the City
Commission and would read as follows:
"For purposes of Section 18 of this Ordinance, (Design
Review Board) , the term "Full Building Permit" shall be
used. A Full Building Permit shall be the full and
complete building permit encompassing all plans and
documents necessary to enable construction of the entire
project, and requiring submission of all plans required
PAGE 2 OF 6
and approved by the Design Review Board. A Full Building
Permit shall not be a Demolition, Electrical, Foundation,
Mechanical or Plumbing permit or any other partial permit
that does not include all plans for the entire project as
submitted, required and approved by the Design Review
Board, except for a Phased Development Permit. "
For building permits that require staff level approval only, the
criteria would be the same as for development requiring Board
approval. All plans for the construction of the proposed work
would require review and approval by staff.
The new definition for "Phased Building Permit" would read as
follows:
"For purposes of Section 18 of this Ordinance, (Design
Review Board) , a Phased Development Permit shall apply to
multiple building\structure development only and shall
include all plans for each phase of the project as
submitted, required and approved by the Design Review
Board. The applicant shall request the Board approve a
phased development at the public hearing and the Board
shall specify a reasonable time limit within which the
phases shall begin or be completed or both, except that
in no event shall the maximum time for completing a
project exceed ten years. The Board shall require a
progress report from the applicant at the completion of
each phase. A Phased Development Permit shall not be a
Demolition, Electrical, Foundation, Mechanical or
Plumbing permit or any other partial permit. "
This provision would allow multiple building/structure development
to be built in phases or stages. The applicant would be required
to request that the project be approved in stages or phases and the
Board would be required to allow the construction to proceed in
phases with a maximum time limit for completion to be ten (10)
years. A progress report would be required at the conclusion of
each stage of the project. As with a Full Building Permit, only
complete plans for the phased portion of the project as required,
submitted and approved by the Design Review Board would constitute
design review approval.
Section 2 .
In this portion of the amendment, specific guidelines are created
within the Design Review Procedures for deferrals and
continuations. For clarification, only the Design Review Board may
continue an application after the public hearing has been opened.
The applicant may only defer an application prior to the public
hearing. Currently, the Zoning Ordinance does not address these
issues in any manner and thus the problem. An application could be
PAGE 3 OF 6
kept alive by deferring or continuing the matter indefinitely.
This section of the amendment codifies the parameters regarding
continuations and deferrals made by the Board and deferrals made by
the applicant.
Part 1, of this section, allows an applicant to defer the request
once (1) for any reason. The request to defer must be in writing
prior to the public hearing. The application would be re-noticed,
including the mail-out to property owners within 375 ft. of the
project at the expense of the applicant. The application would
need to be heard at the next regularly scheduled meeting (not
necessarily the next meeting) or the application becomes null and
void. This provision is very noteworthy. It would eliminate
excessive deferrals before the public hearing by applicants trying
to keep alive projects that were hastily prepared or ill-conceived.
A deferral made by the Board would also require re-noticing as if
the request was a new application and at the City' s expense. The
time frame for deferrals made by the Board are limited to one (1)
year total duration for each project. An example of a Board
deferral could be for lack of a quorum or a deferral for improper
notice of public hearing.
Part 2, of this section, regards continuances made by the Board.
As previously mentioned, only the Board may continue an application
at the public hearing after the public hearing has been opened for
discussion. The mail-out to property owners within 375 ft. of the
project is not required; however, all other noticing requirements
are applicable, at the City's expense.
Part 3, of this section, codifies the time frame within which the
applicant is required to re-appear before the Board after a
continuance has been made by the Board. The Board may specify a
date certain; however, if a revised application is not presented
for approval to the Board within 120 days of the continuance date,
the application would be deemed null and void. In reality, the
applicant would be required to have the revised plans completed
within 90 days of the continuance date due to the meeting deadline
to re-submit the application for the public hearing.
Part 4 , of this section, would allow the Board to make multiple
deferrals or continuations of an application not to exceed
cumulatively one (1) year from the first public hearing when the
application was first presented for approval.
Part 5, of this section, would incorporate Joint Design
Review/Historic Preservation Board applications under these new
regulations.
The next portion of this section concerns building permit
applications. The new definitions "Full Building Permit" and
"Phased Building Permit" have been inserted into the text while
PAGE 4 OF 6
omitting the previous term "building permit" . As previously
discussed, The Applicant would have up to one (1) year from the
date of design review approval to obtain a Full Building Permit or
a Phased Development Permit. If the Applicant fails to obtain a
Full Building Permit or a Phased Development Permit within one (1)
year of design review approval or construction has not commenced
within two (2) years of design review approval, all staff and Board
approvals would be deemed null and void. The Applicant would be
required to re-initiate the Design Review process. However,
extensions for cause, not to exceed a total of one (1) year for all
extensions, may be granted by the Board. (This would allow more
than one extension of time per application with a maximum of one
(1) year total duration for all extensions) .
Most importantly is the last paragraph of this section which
addresses development that has become non-conforming since the
application submittal and the actual building permit has not been
issued. The new language is designed to thwart development that is
contrary to enacted amendments or proposed amendments to the Zoning
Ordinance or the Comprehensive Plan. In this regard, "non-
conforming" could include such development regulations as setbacks,
building heights, building mass, parking requirements, open space,
lot coverage, floor area ratio (FAR) or possibly zoning district or
future land use designation.
Specifically the new regulation reads as follows:
"If a project becomes non-conforming since the date of
the application due to the enactment of an amendment to
this Zoning Ordinance or the Comprehensive Plan, or
during a period of moratorium as set forth in Sub-Section
14-7 or Sub-Section 14-8 of this Ordinance, such a
project shall not be eligible to receive an Extension of
Time granted by the Design Review Board for any reason. "
While the Design Review Board could not grant an extension of time
for these particular applications, the applicant would be able to
request a variance on this provision from the (Zoning) Board of
Adjustment (ZBA) . The Planning Board believed the ZBA was the
appropriate administrative relief for these requests since that
Board hears all variance requests which pertain directly with
development regulations.
Currently, the Zoning Code grandfathers projects that have a
validly issued building permit, or have received variance approval
from the Board of Adjustment, or have Design Review approval,
(whether at staff level or from the Board) , or that have a complete
application, (meeting all submission requirements) , submitted, for
Design Review approval, Board of Adjustment variance approval, or
building permit approval prior to a vote by the Planning Board
recommending in favor of the proposed Zoning or Comprehensive Plan
PAGE 5 OF 6
0
amendment (which initiates a moratorium) . This portion of the
Zoning Ordinance would not be changed in any manner.
At the April 25, 1995 public hearing, the City Attorney's Office
advised the Board that new language should be included in the
amending ordinance which addresses rehearings, reviews and/or court
proceedings which stay the issuance of a building permit. This new
sub-section "Stay During Rehearings/Reviews/Appeals" , has been
created to address these issues. Basically, the running of the
required time to obtain a Full Building Permit or a Phased
Development Permit is stayed (not counted) until the final
resolution of all administrative (rehearings and reviews) and/or
court proceedings.
Special Note: Originally, the Planning Board had included
language in the amending ordinance that would not
stay the time to obtain appropriate permits in the
event the project Applicant initiated the
rehearing, review or appeal and lost that request.
The stay for the running of the time period to
obtain the appropriate permit would have only
applied if the Applicant was successful and had
prevailed in the rehearing, review or appeal. The
Board particularly wanted this provision included
in the amendment to help prevent stalling tactics
by applicants of non-conforming projects; however,
the City Attorney ruled that this provision was
unlawful and this particular language has been
omitted from the amendment.
The final paragraph of this new sub-section provides that, nothing
herein (notwithstanding paragraphs 1 and 2 of this new sub-section
K) , shall prevent the issuance of building permits necessary to
prevent imminent peril to life, health or property, as determined
by the Building Official.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission adopt on second reading the amendment to the Design
Review Board procedures of Zoning Ordinance No. 89-2665,
incorporating the revised definition of Full Building Permit.
DJG\MHF\DISK#10\1212CM1.95
PAGE 6 OF 6
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