Ordinance 2000-3268 ORDINANCE NO. 2000-3268
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, ARTICLE II, DIVISION 3 ENTITLED "DESIGN
. REVIEW BOARD" BY AMENDING SECTION 118-71 TO CLARIFY THE
POWERS AND DUTIES OF THE BOARD, BY AMENDING SECTION 118-72
TO CLARIFY THE MEMBERSHIP ON THE BOARD, BY AMENDING
SECTION 118-76 TO CLARIFY MEETING PROCEDURES, BY AMENDING
CHAPTER 118, ARTICLE VI, ENTITLED "DESIGN REVIEW PROCEDURES"
BY AMENDING SECTION 118-251 TO CLARIFY, EXPAND AND ENHANCE
THE DESIGN REVIEW CRITERIA, BY AMENDING SECTION 118-252 TO
AMEND, EXPAND AND CLARIFY APPLICABILITY AND EXEMPTIONS,BY
AMENDING SECTION 118-253 TO AMEND AND REVISE THE APPLICATION
AND PRELIMINARY EVALUATION PROCEDURES, TO CLARIFY THE
WITHDRAWAL PORTION OF THE PRELIMINARY EVALUATION
PROCEDURE AND TO ADD A TWO-PART APPROVAL PROCESS, BY
AMENDING SECTION 118-254 TO AMEND AND REVISE THE PROCEDURES
FOR DECISIONS OF THE DESIGN REVIEW BOARD, BY AMENDING
SECTION 118-256 TO UPDATE THE REQUIREMENTS FOR CLARIFICATION
HEARINGS, BY AMENDING SECTION 118-257 TO CLARIFY THE
PROCEDURE FOR CONTINUANCES AND TO PROVIDE FOR
WITHDRAWALS, BY AMENDING SECTION 118-258 TO AMEND AND
CLARIFY THE TIME FRAMES AND PROCEDURES FOR OBTAINING A
BUILDING PERMIT AND TO CLARIFY AND EXPAND THE PROCEDURES
FOR REQUESTING AN EXTENSION OF TIME,AND THE COMMENCEMENT
AND CONTINUANCE OF CONSTRUCTION,BY AMENDING SECTION 118-
260 TO MODIFY AND CLARIFY SPECIAL REVIEW PROCEDURES FOR
PUBLIC INTERIORS,AND BY EXPANDING,CLARIFYING AND UPDATING
THE REQUIREMENTS FOR APPEALS OF STAFF DECISIONS, BY
AMENDING SECTION 118-261 TO CLARIFY THE PROCEDURE FOR
REHEARINGS, BY AMENDING SECTION 118-262 TO CLARIFY THE
PROCEDURES FOR THE REVIEW OF DESIGN REVIEW DECISIONS, BY
AMENDING SECTION 118-263 TO MODIFY STAYS DURING
ADMINISTRATIVE APPEALS; PROVIDING FOR INCLUSION IN THE CITY
CODE;PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, The City of Miami Beach wishes to enhance the unique architectural
environment of Miami Beach to maintain the integrity of design and architecture throughout the
City; and
WHEREAS, The City of Miami Beach Design Review Board is one of the primary
vehicles for assuring this design and architectural integrity; and,
WHEREAS, The City of Miami Beach desires to refine and clarify its design review
requirements and administrative procedures; 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,Article II,Division 3,entitled"Design Review Board"of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 118-71. Powers and duties.
The design review board shall have the following powers and duties:
(1) To promote excellence in urban design.
(2) To review all applications requiring design review approval for all properties not located within
a designated historic district or not designated as a historic site.
(3) To prepare and recommend adoption of design plans pertaining to neighborhood studies.
(4) To promote reduced crime and fear of crime through the use of crime prevention through
environmental design guidelines and strategies, as approved by the city commission.
(5) To hear and decide appeals of the '- . ' •. •. : • • -•. planning director
when deciding matters pursuant to section 118-260.
Sec. 118-72. Membership.
(a) Composition.The design review board shall be composed of seven regular members and two
ex officio members. The seven regular members shall consist of three registered architects, one
registered landscape architect, one registered architect,professional designer or professional urban
planner and two citizens at large. The two ex officio members shall be the historic preservation and
urharr sign planning director or designee and one person appointed by the city manager from an
eligibility list provided by the mayor's barrier free environment committee. The city attorney's office
shall provide legal counsel.
Sec. 118-76. Meetings.
The design review board shall meet within a reasonable time upon receipt of an application, at the
call of the chairperson or the ' . ' - - - •. '. : . . .: . -': planning director. All meetings
shall be open to the public and shall be conducted in accordance with the rules and regulations
adopted by the board.
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SECTION 2. That Chapter 118, Article VI, entitled "Design Review Procedures" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
•
Sec. 118-251. Design review criteria.
(a) Design Review encompasses the examination of architectural drawings for consistency with the
criteria stated below, with regard to the aesthetics, appearances, safety, and function of the any new or
existing Structure and physical attributes of the project in relation to the Ssite, adjacent Structures and
surrounding community. The Board and the Ilistoin, Preservativn and Uil,an Desigh Planning
Department shall review plans based upon the below stated criteria-and, criteria listed in Neighborhood
Plans,if applicable,and design guidelines adopted and amended periodically by the Design Review Board
and/or Historic Preservation Board. Recommendations of the
Planning Department shall may include,but not be limited to, comments from the
Building Department and the Public Works Department. If floor area ratio bonuses are requested and
If the Board determines that an application is not consistent with the criteria, it shall set forth in writing
the reasons substantiating its finding. The criteria referenced above are as follows:
(1) The existing and proposed conditions of the lot, including but not necessarily limited to
topography, vegetation, trees, drainage, and waterways.
(2) The location of all existing and proposed buildings,drives,parking spaces,walkways,means
of ingress and egress, drainage facilities,utility services, landscaping structures, signs, and lighting
and screening devices.
(3) The dimensions of all buildings, structures, setbacks,parking spaces, floor area ratio,height,
lot coverage and any other information that may be reasonably luquiied necessary to determine
compliance with these land development regulations. the requirements of the underlying zoning district,
and any applicable overlays, for a particular application or project.
(4) The color,design,selection of landscape materials and architectural elements of Exterior Building
surfaces and primary public interior areas for Developments requiring a Building Permit in areas of the
City identified in section 118-252.
(5) The proposed site plan, and the location, appearance and design of new and existing Buildings
and Structures are is in conformity with the standards of this Ordinance and other applicable ordinances,
architectural and design guidelines as adopted and amended periodically by the Design Review Board
and Historic Preservation Boards,and all pertinent master plans, iinufai ab the locationTan&appearance
and design of the Buildings and Structures are involved.
(6) The proposed Structure, and/or additions or modifications to an existing structure, indicates a *
sensitivity to and is compatible with the environment and adjacent Structures, and enhances the
appearance of the surrounding properties.
(7) The design and layout of the proposed site plan, as well as all new and existing$buildings shall
be reviewed so as to provide an efficient arrangement of land Buses. Particular attention shall be given
to safety, crime prevention and fire protection, relationship to the surrounding neighborhood, impact on
contiguous and adjacent Buildings and lands,pedestrian sight lines and view corridors.
(8) Pedestrian and vehicular traffic movement within and adjacent to the Ssite shall be reviewed to
ensure that clearly defined, segregated pedestrian access to the site and all buildings is provided for and
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that all parking spaces are usable and are safely and conveniently arranged;pedestrian furniture and bike
racks shall be considered. Access to the Site from adjacent roads shall be designed so as to interfere as
little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress
to the Site.
(9) Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on
public property for security purposes and to minimize glare and reflection on adjacent properties.Lighting
shall be reviewed to assure that it enhances the appearance of structures at night.
(10) Landscape and paving materials shall be reviewed to ensure an adequate relationship with and
enhancement of the overall Site Plan design.
(11) Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from
Sstructures are adequately shielded from public view, adjacent properties and pedestrian areas.
: l • •:-, -. • • . ;- : .: : , • : • • - -,,. . - ; .- • •• i .
- . .. I .: _ : VW .
adequately-Lany runoff and sewage, and to maintain an adcgtratt,suppl-rufwatLr at sufficient prLssurc-
(13) Carbagc-di-sposal slralfbe reviewed--to ensures freedom orniin and rodcrrt irrfostatian. All
:'-.,-; - •- - - - , - - . .: I • . • . ' - • • •: • WV - . W .
(14) The overall project shall be reviewed for compliance with the City's Comprehensive Plan or
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(12) (1-6)The proposed structure has an orientation and massing which is sensitive to and
compatible with the building site and surrounding area and which creates or maintains important
view corridor(s).
(13) (17)The building has, where feasible, space in that part of the ground floor fronting a street
or streets which is to be occupied for residential or commercial uses; likewise, the upper floors of
the pedestal portion of the proposed building fronting a street, or streets shall have residential or
commercial spaces, shall have the appearance of being a residential or commercial space or shall
have an architectural treatment which shall buffer the appearance of the parking structure from the
surrounding area and is integrated with the overall appearance of the project.
(14) OThe building shall have an appropriate and fully integrated rooftop architectural treatment
which substantially screens all mechanical equipment, stairs and elevator towers.
(15) ( })An addition on a building site shall be designed, sited and massed in a manner which is
sensitive to and compatible with the existing improvement(s).
(16) All portions of a project fronting a street or sidewalk shall incorporate an architecturally
appropriate amount of transparency at the first level in order to achieve pedestrian compatibility and
adequate visual interest.
(17) The location, design,screening and buffering of all required service bays, delivery bays,trash
and refuse receptacles, as well as trash rooms shall be arranged so as to have a minimal impact on
adjacent properties.
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
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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.
(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,theplanning . ' - •. '. . . . .: ._ -". 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.
. - . - I • - . - . .. . • - • • : . . • . . • -
Structure in the city's historic property database.
(4) All pennits-for demolition 01- wrecking.
(3)(5) All single-family dwellings are exempt from the design review regulations, with the
exception of exterior surface color samples and finishes. However, all building permits for new
construction, alterations or additions to existing structures shall be subject to compliance with
section 142-105 (development-regtdatians), and all demolition permits must be signed by the
planning director, or designee.
•• . •-•g• ..' .• - . - - . , -• - - - - , - , I . _ -• • . 1 • .. .: . . .
142-425(d).
(4) All properties located within designated historic districts and designated historic sites.
Sec. 118-253. Application for design review.
(a) The applicant shall obtain a design review application from the planning department,design
• '- . ' •• '. .'•'-'. which shall be responsible for the overall coordination and
administration of the design review process. When the application is complete, the planning
department . _ . . ' . ' •• '. .'••-'. shall place the application on the agenda and
prepare a recommendation to the design review board. The planning department desigrr and-historic
pres-er ratio-1.r division shall determine the date on which the application will be heard by the board;
however, the board shall consider the application and planning department design and histone
preservatiorr division recommendation ••• ' .• • . _ .: _ . at the next available meeting
date after the submission of a completed application to the planning department design and histol
(b) In the event the applicant seeks a preliminary evaluation of a project from the board for
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information and guidance purposes only,an application for preliminary evaluation shall be required.
The planning ' . ' •• '. . . . .: director, or designee, shall determine the
supplemental documents and exhibits necessary and appropriate to complete an application for a
preliminary evaluation;the required supplemental documents and exhibits shall serve to describe and
illustrate the project proposed in the application in a manner sufficient to enable the board to provide
general comments, feedback,information and guidance with respect to the application. Preliminary
evaluations by the board shall be for informational purposes only; a preliminary evaluation by the
board shall not constitute a binding approval, nor shall any comments, feedback, information or
guidance provided by the board be binding upon the board during subsequent review of the
preliminary application or a related final application. The board may provide a general comment,
feedback, information and guidance during the initial hearing on the application for preliminary
evaluations, and may continue discussion on a preliminary evaluation to subsequent meetings in
order for the applicant to better address any specific concerns raised by the board or staff, or may
elect to terminate the preliminary evaluation process after providing general comments. All
preliminary evaluations shall be subject to the noticing requirements provided in section 118-254.
Preliminary evaluations dppliea__0116 shall not constitute a coniplettd application irreaing all
submission requirements fol design review approval, and therefore an applicant acquires no
equitable estoppel vested rights or protections of any kind, type or nature based upon the filing or
review of the preliminary evaluation application :. . • - . '_ . . • .. . . .'
. • - •: 9. '. : .. ' : . . The board will not issue an order either approving or denying
a project or take any formal action on preliminary evaluation application. Preliminary evaluations
shall not entitle applicants to any of the benefits accorded to applicants who have received design
review approval .• . - . - . : .. ' : '. ,inclusive of appeals or rehearings.Applications
historic preservation board. Except as used in this section, the use of the phrase "application"
throughout this article refers to a completed application for approval and not to a preliminary
evaluation application. An applicant may withdraw an application for a preliminary evaluation at
any time,provided however,that no fee shall be refunded in the event the withdrawal is made after
the giving of notice.
(c) The Design Review Board may, at its sole discretion, on an individual, case-by-case basis,
allow a two-step process for design review approval. The two-step process shall consist of, first: a
binding, preliminary concept approval on the issues of urbanism, massing and siting; and second:
approval of the project's design details (style, fenestration, materials, etc.). This two-step process
shall be subject to the following:
(1) The Design Review Board shall have the sole discretion,on an individual,case-by-case basis,
to decide which development projects may pursue this two step approval process for Design Review
Approval.
(2) In the event the Design Review Board should authorize the two-step approval process, the
applicant shall have a maximum of 120 days from the date of preliminary concept approval on the
issues of urbanism,massing and siting,to return to the Board with fully developed design drawings
and substantial details(style, fenestration,materials,etc.) for final approval, or the entire application
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shall become null and void. The Board, at its sole discretion, may extend the time period to return *
to the Board for final approval, provided that the total time through final approval does not exceed *
one(1)year from the date of the original submission of the application. The applicant shall have six *
(6) months from the date of preliminary concept approval on the issues of urbanism, massing and
siting,to obtain final approval for the remainder of the project or the entire application shall become
null and void. The Board, at its sole discretion,may extend the time period to obtain final approval
for the remainder of the project up to a maximum of one (1) year from the date of the original
submission of the application.
Sec. 118-254. Decision of design review board.
(a) The design review board shall consider each application at a public hearing, at which citizens
the applicant and interested persons shall have an opportunity to express their opinions, present
evidence and rebut all evidence presented. The planning department, . -': • . •- . ' •: '
division shall provide the applicant with advance notice of the hearing date and time, including a
copy of the agenda and the recommendation of the planning department. design and histuric
preservatiorr division
(b) Not less than 15 days prior to the public hearing date, a description of the request, and the
time and place of such hearing shall be posted on the property on a sign of no less than 11 inches by
17 inches,and advertised in a paper of general paid circulation in the municipality; notice shall also
be given by mail to the owners of record of land lying within 375 feet of property. The mail
notification requirement shall be the responsibility of the applicant. Additionally, courtesy notice
shall also be given to any state nonprofit community organization which has requested of the director
in writing to be notified of board hearings.The board shall approve,approve with conditions or deny
applications.
(c) The board may require such changes in the plans and specifications, and conditions, as in its
judgment may be requisite and appropriate to the maintenance of a high standard of architecture,as
established by the standards contained in these land development regulations and as specified in the
city's comprehensive plan and other specific plans adopted by the city of pertaining to the areas
identified in subsection 118-252(a).
(d) Upon approval of an application by the board, the planning I. ' •: '. . . .
design director or his authorized representative shall stamp and sign three sets of plans. Two sets of
plans shall be returned to the applicant who may then submit an application for a building permit.
The remaining approved plans shall be part of the board's official record and shall be maintained on
file with the planning department, . -'• . . ' . ' - •: '. .'•' '. . The board's decision
shall be set forth in a written order, specifying the reasons for such decision.
(e) The planning department, . • : . • . ' •: '. .'•' '. shall promptly mail a
copy of the board's order to the applicant. The provisions of this section shall also apply to the
- • -
118-531.
* * *
Sec. 118-256. Clarification hearing.
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Should a question arise as to compliance with the conditions as outlined by the design review board,
a clarification hearing before the design review board may be called at the request of the planning
department, . •. : • . '. ••• •• or by the applicant.
Sec. 118-257. Deferrals, and continuances and withdrawals.
(a) An applicant may defer an application before the public hearing only one 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 section 118-254. The applicant shall also pay a deferral fee as set forth in this
article. In the event that the application is not presented to the design review board for approval at
the imxt regularly scheduled board meeting date for which the application was deferred, 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 section 118-254, and shall be
at the city's expense.
(b) 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 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 oil the property;and advertised in a newspaper of general circulation within the
municipality at the expense of the city.
(c) In the event the application is continued due to the excessive length of an agenda or 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
attempt to 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.
(d) In the 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
the application shall be deemed null and void.
(e)(d) Deferrals or continuances for a specific application shall not exceed one year cumulatively
for all such continuances or deferrals made by the board, or the application shall be deemed null and
void.
i i . - • . . . .. • . . . - _ • •. ..: . . . •• . ...
(f) An application may be withdrawn by the Applicant if such request is in writing and filed with
the Planning Department prior to the public hearing, or requested during the public hearing, provided
however,that no application may be withdrawn after final action has been taken. Upon a withdrawal or
final denial of an application for design review approval from the design review board the same
application cannot be filed within six months of the date of the withdrawal or denial unless,however,the
decision of the Board taking any such action is made without prejudice to refile.
(g) In the event there is a lack of a quorum, all pending or remaining matters shall be continued
to the next available meeting of the board.
Sec. 118-258. Building permit application.
(a) The applicant or his authorized agent shall make application for a building permit. The
application shall include, at a minimum, the two sets of plans which were approved by the design
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review board and stamped and signed by the planning • . ' •: '. : . . .: . director
or his authorized representative.
(b) No building permit, certificate of occupancy, certificate of completion, or occupational
license shall be issued unless all of the plans, including amendments, notes, revisions, or
modifications, have been approved by the historic preservation and urban design director. Minor
modifications to plans that have been approved by the board shall be permitted when approved by
the planning •- . ' . •. '. . . . = .. director.
(c) 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 one (1) year from the date of the board meeting at which design review approval was granted to
obtain a Full Building Permit or a Phased Development Permit. The foregoing one (1)year time period
includes the 20 day time period during which an appeal of the decision of the design review board may
be filed. If the Applicant fails to obtain a Full Building Permit or a Phased Development Permit within
one(1)year of the board meeting date at which design review approval was granted, and/or construction
has does not commenced and proceed in accordance with said permit and the requirements of the South
Florida Building Code . • : . design review appioval all staff and Board approvals shall
be deemed null and void_ . . ° .. ' . • •' • . • •: : '_ • •• . . -,
howL-cur Eextensions for good cause, not to exceed a total of one (1) year for all extensions, may be
granted by the Board, at its sole discretion, provided the applicant submits a request in writing to the
planning director in advance of the expiration of such approval, showing good cause for such an
extension. In the event a proposed code amendment renders a project with design review approval
non-conforming, as more specifically set forth in sections 118-168 and 118-169 of this code, then
amendment to those land development regulations of to the comps ehensivc pla11, 01 du1 i��g a pci 10d
of moratorium as sct forth in scction 118-168 or section 118-169 such a project shall not be eligible
to receive an extension of time granted by the design review board for any reason. Notwithstanding
the foregoing,in the event the decision of the design review board is timely appealed,the applicant
shall have one(1)year from the date of final resolution of all administrative and/or court proceedings
to obtain a Full Building Permit or Phased Development Permit.
(d) An applicant may submit an application for a building permit simultaneously with a design
plan review in order to expedite processing, however, no building permit shall be issued until the
final design plan has been stamped and signed by the planning ilisturic preservatiun aiicFall,ail dc,igll
director or designee ' . ' . . . '• in accordance with these land development
regulations.
(e) No construction may commence in the event a design review approval expires.
Sec. 118-260. Special review procedure.
(a) Tthe historic preservation and u11,a11 design planning director or his designated representative,
u1I011 tllc wlillvll aulholizalion of the ehaiipersun of the design ieview-board, shall have the authority
to approve,approve with conditions or deny an application on behalf of the board, for the following: *
(1) Ground level additions to existing structures, not to exceed two (2) stories in height, which are *
not substantially visible from the public right-of-way, any waterfront or public parks. For those lots *
which are greater than 10,000 square feet, the floor area of the proposed addition may not exceed *
10% of the floor area of the existing structure or primary lot, whichever is less, with a maximum *
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total floor area not to exceed 5,000 square feet.
(2) Replacement of windows, doors, storefront frames and windows, or the approval of awnings, *
canopies, exterior surface colors, storm shutters and signs.
(3) Facade and building alterations, renovations and restorations which are minor in nature.
(4) Minor demolition and alterations to address accessibility, life safety, mechanical and other *
applicable code requirements.
(5)Minor demolition and alterations to rear and secondary facades to accommodate utilities,refuse *
disposal and storage.
(6) Minor work associated with the public interiors of buildings and those interior portions of *
commercial structures which front a street or sidewalk.
(7) Minor work involving public improvements upon public rights-of-way and easements.
(8) Minor work which is associated with rehabilitations and additions to existing buildings, or the *
construction, repair, or rehabilitation of new or existing walls, at-grade parking lots, fences.
*
Forniirror work that is visible fiam a public way, or work which affects the extrriat of the building, *
which is-associated with iehabilitatiuns and additions toz,xisting buildings, or the coastiaLtian, *
irnprovemcnts upon public rights-of-way and easements located within a IIistoric District as *
*
The director's decision shall be based upon the criteria listed in this article. Any appeal The applicant
may appeal a decision of the '- . ' • . '. • . .: : ': planning dDirecto
be to the design review board, pursuant to all application and notice requirements. The applicant shall
be responsible for providing and effectuating all noticing requirements,according to planning department
procedures, as well as the duplication of all pertinent plans and exhibits for distribution to the board .
_- -. ....
Sec. 118-261. Rehearings.
The design review board may hear a petition for rehearing by any person identified in section
118-262. The board may rehear a case, take additional testimony and either reaffirm their previous
decision or issue a new decision reversing or modifying their previous decision. The petition for
rehearing must demonstrate to the board that (i) there is newly discovered evidence which will
probably change the result if a rehearing is granted, or (ii) the board has overlooked or failed to
consider something which renders the decision issued erroneous. A petition for rehearing must be
filed on or before the fifteenth day after the date of rendition of the board's order. For purposes of
this article,the "date of rendition" shall be the date upon which a signed,written order is filed with
the board's clerk,and an order shall be deemed"filed"when a fully executed order is returned to,and
is in the possession of, the clerk. An order will issue on any petition for rehearing. Notice of the
rehearing shall be according to section 118-254 herein and shall be the responsibility of the person
requesting the rehearing.
Sec. 118-262. Review of design review decisions.
(a) The applicant, or the city manager on behalf of the city administration, or an affected person
or, in the case of historically significant buildings, Miami Design Preservation League anchor Dade
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Heritage Trust may seek review of any order of the design review board by the city commission,
except that orders granting or denying a request for rehearing shall not be reviewed by the
commission. For purposes of this section, "affected person" shall mean either(i) a person owning
property within 375 feet of the applicant's project reviewed by the board, or (ii) a person that
appeared before the design review board(directly or represented by counsel),and whose appearance
is confirmed in the record of the design review board's public hearing(s)for such project.The review
shall be based on the record of the hearing before the design review board, shall not be a de novo
hearing,and no new,additional testimony shall be taken. The request shall be in writing,include all
applicable fees,shall be by or on behalf of a named appellant(s), and shall be submitted to the city
clerk : ". . .= • ." on or before the twentieth day after the date of
rendition of the board's order. However, in the event that a petition for rehearing is filed pursuant to
section 118-261, the time for filing a request shall be on or before the twentieth day after the date
of rendition of the board's order on the petition. Within 30 days of Upon receipt of the request, the
city clerk ' . " •: ". . . u. .: . "_ ." . shall place the request for review on the city
commission agenda. The city commission shall set a date and time for a hearing.
be set for a date which is within 45 days of reccipi of the . . . •• . • ." . . Notice
of the review shall be according to section 118-254, except that there shall be no requirement for
mailed notification regarding the subject review. A full verbatim transcript of all proceedings which
are the subject of the appeal shall be provided by the party filing the petition;the verbatim transcript shall
be filed no later than two (2) weeks prior to the first scheduled public hearing to consider the appeal.
Sec. 118-263. Stay during rehearings/reviews/appeals.
(a) The filing of a request for rehearing pursuant to section 118-261 or for review pursuant to
section 118-262 and/or the initiation of court proceedings regarding challenging or appealing a city
design review board decision pertaining to a project shall stay the issuance of any full building
permit or phased development permit and the cunning 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.
(b)
' ,
• : .. • . I I . .. : .. • •• • . • .: - _ IP : • .. . � . . .. I
•
the final resolution of all administrative audfor court proceedings.
(e) Notwithstanding subsections (a) and (b) 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 INCLUSION IN THE CITY CODE. 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 REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
11
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 ten days following adoption.
PASSED and ADOPTED this 27th day of September , 2000.
�� MAYOR
ATTE /u Ute-. I/
1.d ectittik
CITY CLERK APPROVED AS TO
=new language FORM & LANGUAGE
Strikeout= deleted language & FOR EXECUTION
F:\PLAN\SALL\DRAFT_OR\19-GEN2.PB
19 September 2000
1st reading 9/13/00 AIL it I L 39-
2nd reading 9/27/00
City Attorney Date
12
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. --123-co •
TO: Mayor Neisen O. Kasdin and Date: September 27, 2000
Members of the City Commission
FROM Jorge M. Gonzalez 0 t(
City Manager SECOND READING PUBLIC HEARING
SUBJECT: Ordinance - Comprehensive Revisions to Design Review Board Procedures
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, Article II, Division 3 Entitled
"Design Review Board" by Amending Section 118-71 to Clarify the Powers
and Duties of the Board, by Amending Section 118-72 to Clarify the
Membership on the Board, by Amending Section 118-76 to Clarify Meeting
Procedures, by Amending Chapter 118, Article Vi, Entitled "Design Review
Procedures" by Amending Section 118-251 to Clarify, Expand and Enhance
the Design Review Criteria,by Amending Section 118-252 to Amend, Expand
and Clarify Applicability and Exemptions, by Amending Section 118-253 to
Amend and Revise the Application and Preliminary Evaluation Procedures,
to Clarify the Withdrawal Portion of the Preliminary Evaluation Procedure
and to Add a Two-part Approval Process, by Amending Section 118-254 to
Amend and Revise the Procedures for Decisions of the Design Review Board,
by Amending Section 118-256 to Update the Requirements for Clarification
Hearings, by Amending Section 118-257 to Clarify the Procedure for
Continuances and to Provide for Withdrawals,by Amending Section 118-258
to Amend and Clarify the Time Frames and Procedures for Obtaining a
Building Permit and to Clarify and Expand the Procedures for Requesting an
Extension of Time,and the Commencement and Continuance of Construction,
by Amending Section 118-260 to Modify and Clarify Special Review
Procedures for Public Interiors, and by Expanding, Clarifying and Updating
the Requirements for Appeals of Staff Decisions,by Amending Section 118-261
to Clarify the Procedure for Rehearings, by Amending Section 118-262 to
Clarify the Procedures for the Review of Design Review Decisions, by
Amending Section 118-263 to Modify Stays During Administrative Appeals;
Providing for Inclusion in the City Code; Providing for Repealer, Severability
and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
AGENDA ITEM
DATE 9—T7-00
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Ordinance - Comprehensive Revisions to Design Review Board Procedures
Page 2
ANALYSIS
An application for an amendment to the Land Development Regulations of the City Code for
modifications to the Design Review Board and Design Review Procedures sections of the Code was
sponsored by the Planning Board at the request of Planning Department staff on April 25, 2000.
Recently,the Business Resolution Task Force put together a series of recommendations to streamline
the development review process in the City, one of which was to consolidate the review of projects
in the City's designated historic districts. Currently, all development projects within historic districts
must go before the Joint Design Review/Historic Preservation Board; if there is any demolition
involved, the project must also go before the Historic Preservation Board.
The amendments herein eliminate all references to the Joint Board and clarify that all development
review authority outside of historic districts, inclusive of demolition,new construction, renovations,
additions and alterations is under the Design Review Board. In addition to this change, a number
of minor text and more substantive modifications are also proposed. In light of the size and
magnitude of the proposed amending ordinance, the Administration has broken down the various
components of the proposed Ordinance, as indicated hereto:
Clean-up and Text Changes:
The following"clean-up"and minor"text"changes appear throughout the proposed Ordinance and
are in no particular order:
1. The term "Planning, Design and Historic Preservation Division" has been changed to
"Planning Department"to be consistent with the reorganization of the Planning Department.
2. The term"Historic Preservation and Urban Design Director"has been changed to"Planning
Director" to be consistent with the reorganization of the Planning Department.
3. All references to the "Joint Design Review/Historic Preservation Board" have been
eliminated, due to the consolidation of the review authority of the Historic Preservation
Board.
4. Language has been added and existing language deleted in order to clarify that the authority
of the Board is limited to those properties located outside of designated historic districts.
Substantive Changes:
The following is a summary, by section, of the more substantive modifications in the proposed
Ordinance:
Sec. 118-251. Design review criteria.
The existing Design Review criteria has been modified and expanded to better address site planning,
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Commission Memorandum
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Ordinance - Comprehensive Revisions to Design Review Board Procedures
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circulation, context, landscape and exterior architectural design issues. Also, criteria not specifically
related to design issues, including storm drainage, garbage disposal, compliance with the
comprehensive plan and CPTED have been removed. The City's Concurrency Management
Department addresses most of these issues.
Sec. 118-252. Applicability, and exemptions.
New language has been added which includes public interior areas, interior areas which face a street
or sidewalk, demolitions and wrecking,as well as all public improvements upon public rights-of-way
and easements to the scope of work under the authority of the Board. Also, the current practice of
requiring design review approval of exterior surface finishes for all single-family dwellings is
proposed to be codified. Additionally, although the demolition of structures outside historic districts
is not part of the scope of design review, the current practice of all requests for demolition permits
being signed by the Planning Director, or designee, is proposed to be codified, in order to prevent
the inadvertent demolition of structures within designated historic districts or sites. Finally, the
existing section regarding Municipal buildings, uses and sites being exempted by the City
Commission pursuant to subsection 142-425(d) is proposed to be eliminated, as this subsection does
not permit the Commission to waive the Design Review process.
Sec. 118-253. Application for design review.
The 45 day time frame for considering an application for design review approval has been eliminated
and replaced with "next available meeting date", in order to expedite the review process and allow
for sufficient latitude in the event of a lack of quorum. The preliminary evaluation procedures have
been revised to address the estoppel issues of the City Attorney and language has been added
allowing an applicant to withdraw an application for a preliminary evaluation at any time,provided
however,that no fee shall be refunded in the event the withdrawal is made after the giving of notice.
A two(2) step review procedure consisting of, first, a binding,preliminary concept approval on the
issues of urbanism, massing and siting; and second, approval of the project's design details (style,
fenestration, materials, etc.) being subsequently considered by the Board has been established.
Sec. 118-254. Decision of design review board.
The posting requirements have been eliminated due to their impracticality and drain on staff time.
Sec. 118-257. Deferrals, and continuances
The procedures for deferrals and continuances have been modified and new language regarding the
procedures for withdrawing an application has been added so that an application may be withdrawn
by the Applicant if such request is signed by the Applicant and filed with the Planning Department prior
to the public hearing or requested during the public hearing. No application may be withdrawn after final
action has been taken. Also, language has been added which establishes that upon a withdrawal or final
denial of an application for design review approval from the design review board the same application
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Ordinance- Comprehensive Revisions to Design Review Board Procedures
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cannot be filed within six months of the date of the withdrawal or denial unless, however, the decision
of the Board taking any such action is made without prejudice to refile. Finally, language has been added
which clearly establishes that in the event of a lack of a quorum, all matters shall be continued to the next
available meeting of the board.
Sec. 118-258. Building permit application.
The language regarding the one (1) year time frame to obtain a building permit for design review
approval has been modified; such one (1) year time frame will run from the date of the hearing at
which the project was approved.Also,the requirement for commencing construction within two(2)
years of approval has been eliminated, as it conflicts with the standards and procedures of the South
Florida Building Code. Finally,the tolling requirements for projects which have been appealed has
been clarified. These procedures are consistent with the proposed amendments to the building permit
requirements of the Historic Preservation Board, Planning Board and Board of Adjustment.
Sec. 118-260. Special review procedure.
New language amending, clarifying and expanding the review procedures for minor improvements
and expanding the role of staff relative to administrative level approvals has been provided.
Additionally, language has been added relative to appeals of staff decisions which clearly specifies
that the party filing the appeal is responsible for noticing requirements and the duplication of all
plans.
Sec. 118-261. Rehearings.
New language has been added which clearly delineates the notice requirements for the rehearing and
clarifies that such notice shall be the responsibility of the person requesting the rehearing.
Sec. 118-262. Review of design review decisions.
New language has been added which removes the 30 day time period for placing an appeal on the
Commission agenda and removes the 45 day time period for a public hearing. Also, appeals to the
City Commission are now to be filed directly with the City Clerk and the requirement of full
verbatim transcripts has been codified.
Sec. 118-263. Stay during rehearings/reviews/appeals.
Currently, this section of the code allows any initiation of court proceedings regarding a "city"
decision pertaining to a project to stay the issuance of any full building permit and the running of
the required time period to obtain a full building permit for the project in question until the final
resolution of all administrative and/or court proceedings. It also allows an appeal to the Board of
Adjustment of an administrative official's decision which affects an application for design review
approval to stay the issuance of any building permit, and the running of the required time period to
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Ordinance- Comprehensive Revisions to Design Review Board Procedures
Page 5
approval to stay the issuance of any building permit, and the running of the required time period to
obtain a building permit until the final resolution of all administrative and/or court proceedings. This
section of the code has been utilized by individuals to circumvent the one-year time frame for
obtaining a building permit for non-conforming projects. In order to remove this "loop-hole" for
extending the time frames for non-conforming projects,while still protecting the appellate rights of
individuals, new language has been inserted in the code which clearly dictates that only an appeal
of a specific Design Review Board decision, in accordance with the appeal procedures set forth in
the code, may stay the time frames to obtain a building permit for issuance of a Building Permit.
Further, the portion pertaining to appeals to the Board of Adjustment has been eliminated as any •
disagreement with the decision of the Design Review Board can be addressed by appealing a specific
order to the City Commission and any disagreements with administrative decisions can be addressed
through the Board of Adjustment appellate procedures.
At its August 22, 2000 meeting, the Planning Board voted to recommend approval of the proposed
Ordinance. The Ordinance amendment was reviewed favorably by the Design Review Board on
August 15, 2000, and also reviewed favorably by the Historic Preservation Board on August 8,2000
and September 12, 2000.
The City Commission approved the proposed ordinance on first reading on September 13, 2000.
Several minor amendments to the proposed ordinance were introduced on the floor by Planning
Department staff; these changes were accepted by the Commission and are shown with asterisks in
the right margin of in the attached ordinance.
Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon
second reading public hearing,the proposed amending ordinance to Chapter 118,Article II,Division
3 Entitled "Design Review Board" and Chapter 118, Article VI, Entitled "Design Review
Procedures" of the Land Development Regulations of the Code of the City of Miami Beach.
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