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2001-24357 RESO RESOLUTION NO. 2001-24357 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE MIAMI BEACH LAND DEVELOPMENT REGULATIONS AMENDING CHAPTER 130, "OFF- STREET PARKING," SECTION 130-69.5, "ADDITIONAL REQUIREMENTS," TO CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL USE PROCEDURE,"SECTION 118-194, "COMPLIANCE WITH CONDITIONS," AND ARTICLE VIII, "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"SECTION 118-356, "REVOCATION OR MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO PLANNING BOARD AND BOARD OF ADJUSTMENT REVOCATION OR MODIFICATION OF CONDITIONAL USE APPROVALS OR VARIANCES WHERE THE APPLICANT EXHIBITS REPEATED OR INTERMITTENT NONCOMPLIANCE WITH THE CONDITIONS OF SUCH APPROVALS; AND AMENDING CHAPTER 118, ARTICLE X, HISTORIC PRESERVATION, SECTION 118-503, "SCOPE AND EXEMPTIONS," AND SECTION 118-561, "GENERAL REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY OR PERMANENT MODIFICATION TO A BUILDING OR SITE. WHEREAS, the Land Development Regulations of the Code of the City of Miami Beach, contain various provisions regulating the development and use of property within the City; and WHEREAS, the City Attorney's Office and the Administration have been monitoring the efficiency and effectiveness of the Land Development Regulations in addressing the development and use of property within the City; and WHEREAS, the City Attorney's Office and the Administration recommend the amendments provided below to improve the efficiency and effectiveness of the Land Development Regulations in accomplishing the policies and goals as expressed in the Comprehensive Plan, the Land Development Regulations, and the orders ofthe various land development review boards: I. Amend section 130-69,5 to clarifY when a parking garage must seek conditional use approval from the Planning Board to operate after midnight. The amendment would remove the requirement that conditional use approval is only required when the garage is the exclusive use on the property, and would clean up the existing and admittedly confusing language. 2, Amend sections 118-194 and 118-356 to correct the procedures applicable to enforcement of planning board orders, and modification or revocation of wning board orders, The amendment would clarify in both instances that enforcement, or revocation or modification, can be brought to the boards for consideration based on repeated or intermittent noncompliance with board orders, regardless of the applicant's compliance during the prescribed IS-day cure period following notice of noncompliance. 3, Amend sections 118-503 and 118-561 to clarify that a certificate of appropriateness is required from staff or the Historic Preservation Board, as applicable, where an alteration or modification to a structure or site is undertaken, regardless of whether such alteration or modification is temporary or permanent, or whether a separate building permit is required; and WHEREAS, the City Commission desires to consider the proposed amendments at public hearings duly advertised for such purposes. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Public Hearing will be held on June 6, 2001 to consider the above described amendments to the City's Land Development Regulations, as follows: Public Hearing 10: \/0 II" (time) in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice of said public hearing at which time all interested parties will be heard. PASSED and ADOPTED this 16th day of May ,/lIJOlI fJ!~ ATTEST: ~t ~CU-~ CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~- ia- jd -f/ , ate F:\A TTOIHELGlResolutionslGlitch,RES, wpd 2 DRAFT . ~ ORDINANCE NO. 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, FLORIDA, AMENDING CHAPTER 130, "OFF-STREET PARKING," SECTION 130-69.5, "ADDITIONAL REQUIREMENTS," TO CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL USE PROCEDURE,"SECTION 118-194, "COMPLIANCE WITH CONDITIONS," AND ARTICLE VIII, "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"SECTION 118-356, "REVOCATION OR MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO PLANNING BOARD AND BOARD OF ADJUSTMENT REVOCATION OR MODIFICATION OF CONDITIONAL USE APPROVALS OR VARIANCES WHERE THE APPLICANT EXHIBITS REPEATED OR INTERMITTENT NONCOMPLIANCE WITH THE CONDITIONS OF SUCH APPROVALS; AMENDING CHAPTER 118, ARTICLE X, HISTORIC PRESERVATION, SECTION 118-503, "SCOPE AND EXEMPTIONS," AND SECTION 118-561, "GENERAL REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY OR PERMANENT MODIFICATION TO A BUILDING OR SITE; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations ofthe Code of the City of Miami Beach, contain various provisions regulating the development and use of property within the City; and WHEREAS, the City Attorney's Office and the Administration have been monitoring the efficiency and effectiveness ofthe Land Development Regulations in addressing the development and use of property within the City; and WHEREAS, the City Attomey' s Office and the Administration recommend the amendments provided below to improve the efficiency and effectiveness of the Land Development Regulations in accomplishing the policies and goals as expressed in the Comprehensive Plan, the Land Development Regulations, and the orders of the various land development review boards. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 130, "Off-Street Parking," Section 130-69.5, "Additional requirements," of the Code of the City of Miami Beach, Florida is hereby amended as follows:„ Sec. 130-69.5. Additional requirements. In addition to any other requirements regarding parking garages and parking lots contained herein, and except where a parking garage or lot is accessory to a residential use and located on the same lot. all parking garages and lots located within 100 feet of a residential use or district that intend to operate after midnight. shall obtain conditional use approval from the Planning Board before obtaining a building permit or occupational license. l'Ul e5mmcldal 5f llllneommw;;ial parking g!ll'age flr pftlking lilt, ineh:ttling temp51fll') !11'18 prllvisi5nll! pftlking 15t" 151:/tte8 5n al5t. (I) Upan '#hick pftlkil'lg is the exellisi ,e lise, (2) Which may Ia-.vfully tlpcr/ttc after miBnight; M8 (3) 'When M) partielft afthe site 511 ,..hid. the p!ll'king lot CJ! Pllikit.g g!ll'agc isleJeate:8 is within 100 feet llf a residential liSC ar lesidcntill! district; may 5btain a oliilding permit 51 accllpattGIlalliecnse ta apcl'tlte prial t6 abtaillillg Ii eanclitianll! llse tlfll'lCl ..t11 iullt:eardllilCc ,,.jtk tke prtJcedlll'CS 81'<:eified in seetial'l 17 4 kCleaf. If Ii cGIlditianal liSt: tlfll'lCl, al is gl'ftntcd, smd ape:1Mian shil!l ell/hply ,..ith all eanditi511S 5f sm8 llpl'la ,al. N6t.vithJtlHlclillg the f6regaillg, ltI1j' I'ftIking that is pr6',ided in a e5mmereill! 6r n6ncGmmereial parkillg g!ll'age 6f parking 15t within a eommereill! ~5l1ing dist1'iet and that is aCee,J6ry t6 a le3identialllJe, cxeltlJi,e 6f h6tel liSt:S, shil!l n6t be stibjeet tG the aforedeJeribecl e6nditio!\al li,t: pl6cedttrcs. (Ord, No. 98-3115, S 1 (7-5J.), 6-17-98) SECTION2. That Chapter 118, "Administration and Review Procedures," Artic1eIV, "Conditional Use Procedure," under the jurisdiction of the Planning Board, Section 118-194, "Compliance with conditions," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 118-194. Compliance with conditions. * * * (c) The board may revoke or modify a conditional use approval pursuant to the following procedures: (1) The planning and ~5ning director shall notify the applicant by certified mail of the failure to comply with the conditions of the approval; (2) If, after expiration of a IS-day cure period commencing on the date of the notice, the applicant fails to comply with the conditions, or the applicant has exhibited repeated or intermittent noncompliance with the conditions prior to the cure period and the J;>lanning director is concerned about further repeated or intermittent noncompliance. the planning !II'Id ~tlning director shall advise the board at the next meeting and the board may consider setting a public hearing for the purpose of examining the noncompliance issues; 2 ~. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci,miami-beach.f1.us TO: FROM SUBJECT: COMMISSION MEMORANDUM NO. ;:)'7?/~ I Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. GOn.zalez ~,,~ ~ City Manager U v- v l) Murray H. DubbinAlJ ~ City Attorney jVlt DATE: May 16, 2001 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE MIAMI BEACH LAND DEVELOPMENT REGULATIONS AMENDING CHAPTER 130, "OFF- STREET PARKING," SECTION 130-69.5, "ADDITIONAL REQUIREMENTS," TO CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL USE PROCEDURE,"SECTION 118-194, "COMPLIANCE WITH CONDITIONS," AND ARTICLE VIII, "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS, "SECTION 118-356, "REVOCATION OR MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO PLANNING BOARD AND BOARD OF ADJUSTMENT REVOCATION OR MODIFICATION OF CONDITIONAL USE APPROVALS OR VARIANCES WHERE THE APPLICANT EXHIBITS REPEATED OR INTERMITTENT NONCOMPLIANCE WITH THE CONDITIONS OF SUCH APPROVALS; AND AMENDING CHAPTER 118, ARTICLE X, HISTORIC PRESERVATION, SECTION 118-503, "SCOPE AND EXEMPTIONS," AND SECTION 118-561, "GENERAL REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY OR PERMANENT MODIFICATION TO A BUILDING OR SITE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the resolution setting the first of two public hearings on the subject amendments to the City's Land Development Regulations. Agenda Item e 7Z Date 5-1C--CJ/ (3) If the board elects to set a public hearing, the planning lHla z6fting director shall place the matter on the board's agenda in a timely manner and all notice requirements imposed for conditional use applications as set forth in section 118-193 shall be applicable, with the addition of notice to the applicant; and (4) The board shall hold a public hearing to consider the issue of noncompliance and the possible revocation or modification of the approval, and, based on substantial competent evidence, the board may revoke the approval, modify the conditions thereof, or impose additional or supplemental conditions. (d) In determining whether substantial competent evidence exists to support revocation, modification or the imposition of additional or supplemental conditions to the approval, intermittent noncompliance with the conditions, as well as the frequency, degree and adverse impact of such intermittent noncompliance, may be considered by the board. SECTION 3. That Chapter 118, "Administration and Review Procedures," Article VIII, "Procedure for Variances and Administrative Appeals," under the jurisdiction of the Board of Adjustment, Section 118-356, "Revocation or modification of variance," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 118-356. Revocation or modification of variance. (a) The board of adjustment may revoke or modify a variance pursuant to the following procedures: (1) The planning <'I1.d 2.0h;111'; director shall notify the applicant by certified mail of the failure to comply with the conditions of the variance. (2) If, after expiration ofa IS-day cure period (commencing on the date of the notice), the applicant fails to comply with the conditions, or the applicant has exhibited repeated or intermittent noncompliance with the conditions prior to the cure period and the planning director is concerned about further repeated or intermittent noncompliance. the planing and zoning director shall advise the board at the next meeting and the board may consider setting a public hearing for the purpose of examining the noncompliance issues, (3) If the board elects to set a public hearing, the planning arid .cOhillI'; director shall place the matter on the board's agenda in a timely manner and all notice requirements imposed for variance applications as set forth in section 118-134 shall be applicable, with the addition of notice to the applicant. (4) The board of adjustment shall hold a public hearing to consider the issue of noncompliance and the possible revocation or modification of the variance, and, based on substantial competent evidence, the board may revoke the variance, modifY the conditions thereof, or impose additional or supplemental conditions. 3 (b) In determining whether substantial competent evidence exist to support revocation, modification or the imposition of additional or supplemental conditions to the variance, intermittent noncompliance with the conditions, as well as the frequency, degree and adverse impact of such intermittent noncompliance, may be considered by the board. SECTION 4. That Chapter 118, "Administration and Review Procedures," Article X, "Historic Preservation," under the jurisdiction of the Historic Preservation Board, Division 1. "Generally," Section I 18-503, "Scope and exemptions," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 118-503. Scope and exemptions. (a) Scope. Unless expressly exempted by subsection (b) of this section, no building permits shall be issued for new construction, demolition, alteration, rehabilitation, signage or any other physical modification of any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district. nor shall anv construction. demolition. alteration. rehabilitation. signage or any other modification. whether temporary or permanent. with or without a permit. be undertaken. without the prior issuance of a certificate of appropriateness or certificate to dig by the historic preservation board in accordance with the procedures specified in this section. For purposes ofthis section, "alteration" shall be defined as any change affecting the external appearance and internal structural system including columns, beams, load bearing walls and floor plates and roof plates of a structure or other features of the site including but not limited to landscaping and relationship to other structures, by additions, reconstruction, remodeling, or maintenance involving a change in color, form, texture, signage or materials, or any such changes in the appearance of public interior spaces, SECTION 5. That Chapter 118, "Administration and Review Procedures," Article X, "Historic Preservation," under the jurisdiction of the Historic Preservation Board, Division 3, "Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition," Section 118-561, "General requirements," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 118-561. General requirements. A certificate of appropriateness issued under this chapter shall be required prior to the issuance of any permit for new construction, demolition, alteration, rehabilitation, renovation, restoration, signage or any other physical modification affecting any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district unless the permit applied for is exempted pursuant to subsection I 18-503(b ). or prior to anv construction. demolition. alteration. rehabilitation. silmage or any other modification. whether temporary or permanent. with or without a permit. being undertaken. A certificate to dig shall be required prior to the initiation 4 of any development involving the excavation or fill on a historic site or in a historic district designated as archaeologically significant pursuant to the provisions of this article. The procedure to obtain a certificate to dig, or to designate a historic site as archaeologically significant, shall be the same as indicated in section 118-562 for a certificate of appropriateness. (Ord. No. 89-2665, 919-6, eff. 10-1-89; Ord. No. 94-2926, eff. 4-14-94; Ord. No. 2000-3262, 9 4,7-26-00) SECTION 6. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 7. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA. 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 8. SEVERABILITY. If any section, subsection, clause or provision ofthis Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this _ day of ,2001. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4<<~ cr- 3d -d( DATE F:\A TIO\HELGIOrdinances\Glitch\Ordinance.wpd 5 Commission Memorandum - May 16, 2001 Resolution Setting Public Hearingfor Land Development Amendments Page 2 ANALYSIS As part of an ongoing review of the Land Development Regulations (LDRs) by the City Attorney's Office and the Planning Department, a number of sections of the LDRs have been identified as having a need for improvement. Therefore, the City Attorney and City Manager, pursuant to section I 18-162(a), Miami Beach City Code, seek a referral to the Planning Board for consideration ofthe following amendments to the Land Development Regulations: 1. Amend section 130-69.5 to clarifY when a parking garage must seek conditional use approval from the Planning Board to operate after midnight. The amendment would remove the requirement that conditional use approval is only required when the garage is the exclusive use on the property, and would clean up the existing and admittedly confusing language. 2. Amend sections 118-194 and 118-356 to correct the procedures applicable to enforcement of planning board orders, and modification or revocation of zoning board orders. The amendment would clarifY in both instances that enforcement, or revocation or modification, can be brought to the boards for consideration based on repeated or intermittent noncompliance with board orders, regardless of the applicant's compliance during the prescribed IS-day cure period following notice of noncompliance. 3. Amend sections 118-503 and 118-561 to clarifY that a certificate of appropriateness is required from staff or the Historic Preservation Board, as applicable, where an alteration or modification to a structure or site is undertaken, regardless of whether such alteration or modification is temporary or permanent, or whether a separate building permit is required. The City Commission referred these amendments to the Planning Board on March 29, 2001, which considered them on April 24, 2001, and unanimously recommended them to the City Commission for adoption. Based on the foregoing analysis, the Administration recommends that the Commission adopt the resolution setting the first of two public hearings on the subject amendments to the City's Land Development Regulations. JMG\MHD~:ltffigmh P:\A TTOIHELGIOrdinancesIGlitchIComm.res.mem. wpd 2