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RESOLUTION 89-19693 RESOLUTION NO. 89-19693 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER AN AMMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; AMENDING SUBPART B.2 OF SUBSECTION 7-1 ENTITLED "CONDITIONAL USES" OF SECTION 7 ENTITLED "SUPPLEMENTARY USE REGULATIONS", PROVIDING THAT EXTENSIONS OF TIME FOR APPROVED ACLF'S TO OBTAIN A BUILDING PERMIT, CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION OR OCCUPATIONAL LICENSE SHALL ONLY BE APPROVED BY A FIVE SEVENTHS (5/7) VOTE OF THE CITY COMMISSION; AND ALSO TO CONSIDER AN ALTERNATIVE AMENDMENT PROPOSED BY THE PLANNING BOARD CONCERNING SUBPART B.2 OF SUBSECTION 7-1 ENTITLED "CONDITIONAL USES" OF SECTION 7 ENTITLED "SUPPLEMENTARY USE REGULATIONS", ESTABLISHING NEW TIME LIMITATIONS FOR APPROVED ACLF'S TO OBTAIN A BUILDING PERMIT, CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION OR OCCUPATIONAL LICENSE AND PROVIDING NEW PROCEDURES FOR APPROVED ACLF'S TO OBTAIN EXTENSIONS OF TIME LIMITATIONS FROM THE PLANNING BOARD. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, on May 23 , 1989 the Planning Board of the City of Miami Beach requested that the City Attorney prepare an amendment to Subpart B. 2 of Subsection 7-1 entitled "Conditional Uses" of Section 7 entitled "Supplementary Use Regulations" of Zoning Ordinance No. 1891 pertaining to time extensions for the construction and operation of Adult Congregate Living Facilities (hereinafter "ACLF" (s) ) ; and WHEREAS, on May 24 , 1989 , the City Commission of the City of Miami Beach also directed the City Attorney to prepare an ordinance amending Zoning Ordinance, No. 1891 to require City Commission approval of time extensions to obtain a Building Permit, Certificate of Occupancy, Certificate of Completion or Occupational License for approved ACLFs; and WHEREAS, on July 6, 1989 , the Planning Board unanimously recommended against approval of the Ordinance as drafted by the City Attorney on behalf of the City Commission (Attachment No. 1) ; and WHEREAS, the Planning Board unanimously recommended in favor of a revised Ordinance (Attachment No. 2) , which would: 1. retain the Planning Board' s authority to grant extensions of time; 2 . reduce the maximum extension of time for an ACLF applicant to obtain a Building Permit, Certificate of Occupancy, Certificate of Completion or Occupational License from nine (9) months to three (3) months; and 3 . limit the number of times an ACLF applicant may obtain extensions; and WHEREAS, said action of the Planning Board has been duly transmitted to the City Commission pursuant to Section 17 , entitled "Changes and Amendments" of Zoning Ordinance No. 1891. NOW, THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of an amendment to Zoning Ordinance, No. 1891, amending subpart B. 2 of Subsection 7-1 entitled "Conditional Uses" of Section 7 entitled "Supplementary Use Regulations" providing that extensions of time for approved ACLF' s to obtain a Building Permit, Certificate of Occupancy, Certificate of Completion or Occupational License shall only be approved by a five sevenths (5/7) vote of the City Commission; and also to consider an alternative amendment proposed by the Planning Board concerning Subpart B. 2 of Subsection 7-1 entitled "Conditional Uses" of Section 7 entitled "Supplementary Use Regulations" , establishing new time limitations for approved ACLF' s to obtain a Building Permit, Certificate of Occupancy, Certificate of Completion or Occupational License and providing new procedures for approved ACLF' s to obtain extensions of the time limitations from the Planning Board, is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall , 1700 Convention Center Drive, Miami Beach, Florida, beginning at 3:00 p.m. on the 4th day of October 1989 and the City Clerk is hereby authorized and directed to publish in a newspaper of general circulation of the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 26th day of July , 1989 OR ATTEST: Luc. CITY CLERK FORM APPROVED LEGA DEPT By Date 7—� 167 ? RWP:JK: ibm a:ccaclfre ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1891; AMENDING SUB-PART B.2 OF SUB-SECTION 7-1 ENTITLED "CONDITIONAL USES" OF SECTION 7 ENTITLED ',SUPPLEMENTARY USE REGULATIONS", BY PROVIDING THAT EXTENSIONS OF TIME FOR APPROVED ACLF'S TO OBTAIN A BUILDING PERMIT, CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION OR OCCUPATIONAL LICENSE SHALL ONLY BE APPROVED BY A FIVE SEVENTHS (5/7) VOTE OF THE CITY COMMISSION; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Subsection 13 . 2 entitled "Mandatory Requirements" of Section 13 entitled "Adult Congregate Living Facilities" of City of Miami Beach Zoning Ordinance 1891 provides that Adult Congregate Living Facilities (ACLF' s) in the City of Miami Beach shall not exceed 2 , 000 residents; and WHEREAS, the City Commission of the City of Miami Beach wishes to insure that persons obtaining conditional use permits for operation of ACLF ' s which are thereafter counted as part of the aforementioned 2 , 000 resident cap do not repeatedly delay the opening of such facilities thereby preventing others from providing facilities for persons need irig them in the City. NOW,. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Sub-part B. 2 of Sub-section 7-1 entitled "Conditional Uses" of Section 7 entitled "Supplementary Use Regulations" of Zoning Ordinance No. 1891 is hereby amended to read as follows: 7-1 Conditional Uses * * * * B. Procedures * * * * AGENDA ITEM -- b -21 DATE 7-2( - CITY COMMISSION RECOMMENDATION ATTACHMENT 1 25 2 . Time Limitations a. Approval of a conditional use under this Section shall become null and void if a building permit has not been issued within six (6) months after the date of approval . Such conditional use may also become null and void if a Certificate of Occupancy, Certificate of Completion or an Occupational License is not issued within two (2) years after approval . b. Except as provided in subparagraph c below, when extenuating circumstances or compelling reasons prevent the applicant from complying with conditions of approval within the above stated time periods, the applicant may request the Planning Director who,after consultation with Chairman of the Planning Board, may approve one nine (9) month extension of time to (1) obtain a building permit or (2) to complete all construction work and obtain a Certificate of Occupancy, Certificate of Completion or Occupational License. Subsequent requests for an extension of time shall only be approved by the • Planning Board where the public notice requirements shall - be satisfied by placing the ,request on the Planning Board Agenda. Appeal of the Planning • Director' s finding shall be to the Board and scheduled no earlier; than 20 days prior to:" the next - regular meeting date. Appeal of the Board's findings shall be to the City Commission. A five- sevenths (5/7) vote of the Commission shall be required to overrule a decision of the Planning Board relating to an extension of time request. The appeal shall be filed within 3 0 days of the date the decision is rendered. c. Notwithstanding subparagraph b herein, any requests for extensions of time to obtain a building permit, Certificate of Occupancy, Certificate of Completion 2 26 • or Occupational License for conditional uses granted to ACLF's shall only be considered by the City Commission and shall only be approved by a five- sevenths (5/7) vote. SECTION 2 : REPEALER That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4: EFFECTIVE DATE This Ordinance shall take effect on the day of , 1989. PASSED and ADOPTED this day of 1989. MAYOR ATTEST: CITY CLERK • .FORM APPROVED - LEGAL DEPT. By: . Date. 1 - ( ñ'?3 -1.?? y - 3 • 27 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1891; AMENDING SUB-PART 8.2 OF SUB-SECTION 7-1 ENTITLED "CONDITIONAL USES" OF SECTION 7 ENTITLED "SUPPLEMENTARY USE REGULATIONS", BY ESTABLISHING TIME LIMITATIONS FOR APPROVED ACLF'S TO OBTAIN A BUILDING PERMIT, CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION OR OCCUPATIONAL LICENSE AND PROVIDING PROCEDURES FOR OBTAINING EXTENSIONS OF THE TIME LIMITATIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,S Subsection 13 . 2 entitled "Mandatory Requirements" of Section 13 entitled "Adult Congregate Living Facilities" of City of Miami Beach ZoningOrdinance 1891 provides that Adult Congregate (ACLF's)Facilities ACLF's) in the City of Miami Beach shall not exceed 2 , 000 residents; and WHEREAS, the CityCommission of the City of Miami Beach wishes to insure that persons obtaining conditional use permits for operation on of ACLF' s which are thereafter counted as part of the aforementioned 2 , 000 resident cap do not repeatedly delay the opening of such facilities thereby preventing others from providing facilities for persons needing them in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: Subpart Sub art B. 2 of Subsection 7-1 entitled "Conditional Uses" of Section 7 entitled "Supplementary Use Regulations" of ZoningOrdinance No. 1891 is hereby amended to read as follows: 1 PLANNING BOARD RECOMMENDATIONS ATTACHMENT 2 7-1 Conditional Uses B. Procedures * * * * 2 . Time Limitations a. Except as provided in subparagraph c below, approval of a conditional use under this Section shall become null and void if a building permit has not been issued within six (6) months after the date of approval. Such conditional use may also become null and void if a Certificate of Occupancy, Certificate of Completion or an Occupational License is not issued within two (2) years after approval. b. Except as provided in subparagraph c below, when extenuating circumstances or compelling reasons prevent the applicant from complying with conditions of approval within the above stated time periods, the applicant may request the Planning Director who, after consultation with the Chairman of the Planning Board, may approve one nine (9) month extension of time to (1) obtain a building permit, or (2) to complete all construction work and obtain a Certificate of Occupancy, Certificate of Completion or Occupational License. Subsequent requests for an extension of time shall only be approved by the Planning Board where the public notice requirements shall be satisfied by placing the request on the Planning Board Agenda. Appeal of the Planning Director's 2 4 finding shall be to the Board and shall be scheduled no earlier than 20 days prior to the next regular meeting date. Appeal of the Board's decision shall be to the City Commission. A five-sevenths (5/7) vote of the Commission shall be required to overrule a decision of the Planning Board relating to an extension of time request. The appeal shall be filed within 30 days of the date the decision is rendered. c. Time limitations for Adult Congregate Living Facilities (1) Approval of an a Adult Congregate Living Facility under the Conditional Use procedures shall become null and void if a building permit has not been issued within nine (9) months after the date of approval. Such Conditional Use shall become null and void if a Certificate of Occupancy1 Certificate of Completion or an Occupational License is not issued within one (1) year after the building permit is issued. (2) When extenuating circumstances or compelling reasons prevent the applicant from complying with conditions of approval within the above stated time •eriods the a.•l icant ma submit a request to the Planning Board which, may approve: (a) one extension of tire of up to three (3) months to obtain a building permit or, (b), if the Board finds that the project is substantially complete, one extension of time of up to six (6) months to complete 3 all construction v;rk and obtain 4 Certificate of Occupancy. Certificate of Completion or Occupational License. The public notice requirements shall be - • 's 'ed b •lacin• he re es on t e :oa d 's .-ends. A• seal of th - :oard 's decis 'on shal be to the City Commission. A five-sevenths (5/7) vote of the Commission shall be required to overrule a decision of the Planning Board relating to an extension of time requested. The appeal shall be filed Lithin 30 days of the date on which the Board 's decision is reached. d. -G-. An approved and operational Conditional Use which remains idle or unused in whole or in part for a continuous period of six (6) months or for eighteen (18) months during any three (3) year period whether or not the equipment, Fixtures, or Structures remain, shall be required to seek re-approval of the Conditional Use from the Planning Board. Such use shall not be permitted to be re-used until the Planning Board approval has been granted. SECTION 2: REPEALER That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 3: SEVERABILITY If any section, susection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 4 SECTION 4: EFFECTIVE DATE This Ordinance shall take effect on the day of , 1989. PASSED and ADOPTED this day of MAYOR ATTEST: CITY CLERK FORM APPROVED LEGAL DEPT. By: 41L - Ut/)L Date: 1 14- a ' S . f eat/ t6i I FLORIDA Eead 3 3 1 3 9 i*(INCORPRATED)*1 °` VACA TIONLANI) U. S. A. '' OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 D COCOMMISSIONiV1E�lIORAN UM NO. DATE: July 26, 192c) TO: Mayor Alex Daoud and Members of the ' Commiss*.nif FROM: Rob W. Par ' s �W./i., City Manager //AO SUBJECT: PLANNING BOARD RECOMMENDATION: REQUEST TO AMEND THE CONDITIONAL USE REGULATIONS PERTAINING TO EXTENSIONS OF TIME IN ORDER TO OBTAIN A BUILDING PERMIT, CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION OR OCCUPATIONAL LICENSE FOR APPROVED ADULT CONGREGATE LIVING FACILTIES (HEREINAFTER ACLF) BACKGROUND July 29 , 1987 City Commission requests the City Attorney to draft a Zoning Ordinance that requires all requests for extensions of time to be approved by the City Commission. May 23 , 1989 Planning Board considers a request to extend the time for an applicant to obtain a Building Permit for an ACLF at 1733-1751 Michigan Avenue. The City Attorney' s staff suggested that the amendment was not prepared in 1987 as the City was involved with litigation pertaining to the ACLF Zoning Regulations. May 24 , 1989 City Commission requests the City Attorney to prepare an amendment to the Zoning Ordinance which requires Commission approval for time extension in order to obtain a Building Permit and/or Certificate: o f Occupancy- PLANNING BOARD ACTION On July 6, 1989 the Planning Board held a public hearing to consider the ordinance (Attachment #1) that was prepared by the City Attorney' s Office at the direction of the City Commission. The Board recommended against the Ordinance for the following reasons: A) It did not set forth the length or number of extensions that are allowed or criteria to evaluate requests. B) There are no pending requests for Building permits; however, there are 1, 015 approved ACLF units which is 51% of the 2 , 000 unit ACLF cap set by the Zoning Ordinance. As such, the concern that applicants are banking units is not substantial . C) The current procedures are fair and provide for due process. 20 AGENDA ITEM DATE -?-09 In recognition of the Commission' s concerns toward applicants who obtain extensions of time but do not build, the Planning Board recommended that an Ordinance be approved which maintained the Board as the agency that reviews requests for extensions of time; however, the maximum length of extensions and number of requests are significantly reduced. The Planning Board' s proposal allows one extension of time of up to three (3) months, instead of nine (9) months, to obtain a Building Permit, or one extension of time of up to six (6) months, instead of nine (9) months, to complete all construction work and obtain a Certificate of Occupancy, Certificate of Completion or Occupational License. In order to approve an extension of time to complete a project, the Board must find that the project is substantially under construction. COMPARISON OF PROPOSED ORDINANCES The following presents a comparison of the two proposals: 1. CITY COMMISSION ORDINANCE (ATTACHMENT #1) Conditional Use Approval Conditional Use approval becomes null and void if a building permit is not issued within six (6) months after approval, or if Certificate of Occupancy, Certificate of Completion or Occupational License is not issued within two years after approval . Approval for Time extensions All requests for extension of time shall be considered by the City Commission; there is no limit on the number of extensions which may be requested. 2 . PLANNING BOARD ORDINANCE ATTACHMENT ; 2 Conditional Use Approval Conditional Use approval becomes null and void if a building permit is not issued within nine (9) months after approval or if a Certificate of Occupancy, Certificate of Completion or Occupational License is not issued within one year after a building permit was issued. • Approval for Time Extensions• - - Applicant requests the Planning Board to • approve one extension of -time (maximum three (3) months) to obtain a Building Permit or, if the Board finds that the project is substantially complete, one extension of time (maximum six (6) months) to complete all construction work and obtain a Certificate of Occupancy, Certificate of Completion or Occupational License. • ADMINISTRATION RECOMMENDATION It is recommended that the City Commission schedule public hearings to further consider the Planning Board' s recommendations. JK:AG:jm commsumm\aclf 21 ORIGINAL RESOLUTION NO. 89-19693 Calling a public hearing to consider an amendment to the Comprehensive Zoning Ordinance No. 1891; amending subpart B.2 of subsection 7-1 entitled "Conditional Uses" of Section 7 entitles "Supplementary Use Regulations", providing that exten- sions of time for approved ACLF's to obtain a building permit,certificate of occupancy, certificate of completion or occupational license shall only be approv- ed by a five sevenths (5/7) vote of the City Commission; and also to consider an alternative amendment proposed by the Planning Board concerning Subpart B.2 of subsection 7-1 entitled "Conditional Uses" of Section 7 entitled "Supplementary Use Regulations", establishing new time limitations for approved ACLF's to obtain a building permit, certificate of occupancy, certificate of completion or occupational license and providing new procedures for approved ACLF's to obtain extensions of time limitations from the Planning Board.