2001-3325 ORD
ORDINANCE NO. 2001-31125
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 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VII.
"DIVISION OF LAND/LOT SPLIT," BY AMENDING SECTION 118-321
"PROCEDURE," BY ELIMINATING THE REVIEW BY THE PLANNING
DIRECTOR AND REQUIRING ALL REQUESTS FOR DIVISION OF LAND
TO BE REVIEWED BY THE PLANNING BOARD; BY AMENDING
SECTION 118-323 "APPEAL PROCEDURES," BY ELIMINATING THE
APPEAL OF THE DECISION OF THE PLANNING DIRECTOR TO THE
PLANNING BOARD, AND BY CLARIFYING REVOCATION
PROCEDURES; BY AMENDING "APPENDIX A, FEE SCHEDULE -
ARTICLE VII. DIVISION OF LAND/LOT SPLIT" BY ADJUSTING THE
FEES PERTINENT TO THESE PROCEDURES; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Business Resolution Task Force has recommended that certain city
processes and reviews by analyzed and further streamlined; and
WHEREAS, the administrative review oflot splits generally results in requiring the Planning
Board to review the request in a public hearing; and
WHEREAS, by amending the existing lot split regulations to be reviewed directly by the
Planning Board will eliminate the administrative review and thereby streamlining the process;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, "Administrative and Review Procedures," Article VII "Division
of LandlLot Split," Section 118-321, "Procedure" is hereby amended as follows:
Sec. 118-321. Procedure.
No lot, plot or parcel of land, whether improved or unimproved or building site, as defined herein,
designated by number, letter or other description in a plat of a subdivision, shall be further divided
or split, for the purpose, whether immediate or future, of transfer of ownership or development,
without prior review and approval by the pl<udhHc; and LulhHg di,c~tOl planninl! board. Lots shall be
divided in such a manner that all of the resulting lots are in compliance with the regulations of these
land development regulations. All lot lines resulting from the division of a lot shall be straight lines
and consistent with the configuration of the adjoining lots.
In order to maintain open space and neighborhood character. wherever there may exist a main
permitted structure and any accessory/auxiliary buildinl! or structure includin~. but not limited to.
swimming pools. tennis courts. walls. fences. or any other improvement that was heretofore
constructed on property containing one or more platted lots or portions thereof. such lots shall
thereafter constitute only one building site and no permit shall be issued for the construction of more
than one main pennitted structure on the site unless the site is approved for the division or lot !Wlit
by the planning board.
If a main permitted structure is demolished or removed therefrom. whether voluntarily. involuntarily.
by destruction or disaster. no permit shall be issued for construction of more than one main permitted
structure on the building site unless the site is approved for the division or lot split bv the planning
QQard.
ill All applicants shall provide as part of the apJllication process copies of all deed restrictions.
reservations or covenants applicable to the building site. lot. plot or parcel of land being
considered for division or !Wlit. and an oJlinion ohide evidencinl! that any such matters do
not prevent or serve as exceptions to the division or split reQJlested. No variance from this
requirement shall be allowed.
m Any apJllicant requesting the establishment or separation of building sites shall pay the fee
for division oflot or lot split as provided in appendix A. The fees in this section are for the
pru:pose of defraving eXJlenses of public notices and other administrative costs in connection
with processing apJllications. An additional fee as provided in appendix A shall be required
for an after-the-fact application.
ill If a deferment or an extension of time is reQJlested by the applicant. an additional fee as
provided in appendix A shall be assessed.
G) If a request for a deferral is submitted by the administration or the planning board. and not
at the request of an applicant. there will be no additional charge.
m If the aj:l\)licant withdraws the application after it has been accepted by the planning
department. but prior to the public noticing of the request. the city shall refund 50 nercent
of required fees.
fflill Review criteria. In reviewing an application for the division oflot and lot split, the pl",,"tlno
""ld 2.utl:in~ dilc(,tol planning board shall apply the following criteria:
d. IIi~t().L~,",al vvufi5L.UMivu vf flu.. 1u.i1d~ug sit", hi old"l tv J.iiAi.LllcLu OpGu bp(h.,(, and
nc.i&.l1v1hvvd \.Iludl!lI,.,t"".l, VV!.laGn.,J. thc..G .lUG] ",^,~bl a u.u!hu pChu~ttGd 5t:&:W,.,tulG M.ld c!dly
a('('G~.;)01J/auX~1~MY ~ulld~d.g 01 .stlu(,luJ.\,1 11l\.J\Ldiug, but not lilnitGd. to, ",vviuui..!1l5
pout" tG.L.l.l~5 Gv\..Ut.s, vvall~, &11(.(,5, 01 au] ot1.L\.I.l IJ.up10v.....lllGl1.L whidl vvA., IlGh..tvfol",
('Ol",tldct"d 01> plOpUt)' conl";'l;"o 01>" ull"ulG pl.rttcd 1010 01 pOll;u.lS1:1.CIGof, snell
lot., shall thcH:aib....L vvu.!tihitG otdy on,,-- btrildiu5 .sit..... And. uO p\.ldult shaH b"" ~bS:u\"<d EoJ.
the, vVl.l5l1UGtivu of .L1.101" than on"" ulai.1.1 pGu.1.1~tt\"'J &tfuGtm:C. 0.1.1 tlh... .,ltG.
h.. If It main p""uhittcd stU.lGtw"" 15 ddllOl~,~llGd vi .""uivv""J tl\"".',[.vul, vvl.LGtl."".
vOlWltA.L.il) v. .i1lvvlu1rtaL~ly <h by d""..,hdGt~v.l.<h JlsAM""., nv pCJ.n.~t ~'haU 1G i""l..lcd fOI
GOllsLl..lGtichl. of tuOiG tiu~1l OuG 11la~.L.L pGIu.~ttcd ..,Utl(,twG Ou th" 1uild~.L.L5 site.
b-:ll. Whether I "saltihg !ill< lots created ollllll k l!I!l divided in such a manner that they are
in compliance with the regulations of these land development regulations.
(,. Appli""wrt "luJ.l p.vv~d"" aU dG~ J.'5b.~""tio.L.L", Iv5"". v ldiv.u.5 o. ",,0 ~""ua11t5 appli""aLl(" to
thG buildin5 sit", lot, plvt 01 pA.LGGI oflM...d bGiJ..5 GOh"ldGI\"'J f01 d~visiv...1. 01 &plit, hud
elll opinioh of till, Gv~d"nG~.l~ tlutt any Sdct .Llllrtt"".S dv dot p."vCut or ,,(,1 vG ab
""ACCpt~OJ.lS tv tllG d~vls~o.L.L OJ. 5pl~t J.C'iu('5t"J.liv varian"""" to.u bdb..,,,,,(,hOu (1)" vfti~s
5""",,1.10.. "hall b(, Allv vv ""d.
h. Whether the buildinll site created would be eaual to or larger than the maiority of the
existin~ buildin~ sites and of the same character as the surroundin~ area.
l<. Whether the building site created shall result in existing structures becoming
nonconforming as they relate to setbacks and other applicable regulations of these
land development regulations.
d. Whether the bui]din~ site created would be free of encroachments from abuttinll
buildable sites.
m Final decision. In granting a division of land/lot ilPlit. the planning board may prescribe
apllropriate conditions and safeguards. Violation of such conditions and safeguards. when
made a part of the terms under which the division of land/lot split is granted. shall be deemed
a violation of these land development regulations.
The decision of the planning board shall be final and there shall be no further review thereof
exc~t by resort to an appellate court of com'petent iurisdiction by petition for writ of
certiorari.
Pul) dc;viatioh flonl tllG PlOviS;OllS Oftllis s.:.(,tioll fvI tlh~ ptllpOS(' vf (,stllblishiu50uild;.rg o;t.:.s, vI
SCf>aLat~Oll vf1ailding s1t('5 shall 1GqUtlG an Appe.al to th, plaL:".LJ.~u5 bOaLJ 41. a publi"" h""aL~..g, at vvl~ch
a1111lte.1Gstcd pG.L..,Ou5 ShAH 1"" affv.LdCd all. oppOHw.L~ty tv 1, h""Md. S""G s""",,1.10.L.L 118-J2J Cv. Alip""Al
Ploccdtu(,.
(:Z) F""Gs. The!" ..,ll.AU bG A EvG AS pJ.Ov idcd in App('J.kiiA A hJ.L tly"" .LGvi("vv of a.Ll applk,atiollfvJ. the.
J~vlsiv.L.L of lot. TrOW"vG1, a FeG a5 plo~lJ""d i.L.L app"".~dl^ A ,,1.1111 bG 1""4ai1vd Eol an
Aft"". -tllG- faGt appll""at~()n.
f.l700 Procedure to request adjustment to the after-the-fact fee. a. The planning board may
adjust the after-the-fact fee based on substantial competent evidence that there are
extenuating circumstances that warrant such an adjustment. The request for a fee adjustment
shall be in writing at the time the application for a lot split is filed with the Planning
Department. The adjusted after-the- fact fee shall not be less than the regular application fee.
b. TL."" .lC'i"\.I,jL dlay ~'"' o:.ubnl~tt"d A5 l1,"t oftl.L\.i hPPGal a.pplivatlon pl.U.!....u~:1lt tv !GGtlou 118-J23
V.l Q.i) a .,,,,PluM,,,,, a.ppli"at~vu.
c.. 11 tit, (,\'\",11L c\ J.c"1"'"'''( i.s Hut pAil ora." app"'eJ. Appl~\.Idtion pUJ.5tlaa..lt to 5CGt~v.L:" 118-JZJ, th(,l(,
willD" &1 add~tlonal f\..,,, AS plVl'idGd ill APP,",Hd~1\. A to plat'- tllG ~t,",Hl VB tlle, plaHlhn51omd'~
a5\".ldA.
SECTION 2. Section 118-323, "Appeal procedure" is hereby deleted in part and the revocation
procedures are hereby clarified as follows:
Sec. 118-323. Appcal pi llccdlll es. Revocation procedures.
(a) AppvAl ALl appllG4u:t lilA' 01111,-,0.1 a d""""lblon v[ thG plaJ.ll:..lll~ aud z:on~.L.L5 dllc""tO.l, In4d~
pu1i)t1aJ..LL to 5C",t~vu 118-J21, to tl.L\.I plcu:mlu5 bOMd VY~tiun 45 daY~ vetil", dat,-, on wl.l~\,;h tilG
diIGGtOJ. ~.,bu{..d a vvJ.~tt(,n d""\,.i~~iOll V.L.L Iii' appl~(,M:lon.
(b) If,-",.). Th"" K,'-b in thi., bubsCGt~vll At'- f\.,J. thG pmpv~(, of d,-,fH\\:)in~ \.<^pGn.s\.<., of publ~G 1l0tlG~~
,".Ld vthGI ad1.L.L~1l15t1at~ v" G05b ~u COllu\.<\.<t~on vv ~H.L p10c'G""~.Llg Appl~\.<ldlon.5.
(1) All) appllGAut .L"qttG,!,t~u5 And vbtbl111115 a pu.bl~\.< t\.<ail11g. b\.<f01G th\.< plMlulU5 boa..d
for H.L\.< "!tabl~.,lllilcnt V.L .,CpMat~vu of~u.~ld~ilg !il\.<., &hAll pay Hl\.l [\.1\.1 ful dl v ~.,~Oll of
lot vl1vt &plit eu) 1'.LOvldGd~.L.L a1'p\.lud~^ A.
(2) If A dGh..uuGut O.L ,".L Gxh...H.,~On oft~H.L" ~51C'iu.Gstcd 1y th.\.I "pplk4J.it, a...14dd)t.O.L1M kG
AS p.LvvldCd ~H AppGnd~^ A shall bG a5&\.I.,.,,,d.
(J) If A 1C'iu.\.I&t for a d"f\.lJ.ral ~., .!ubH.L~tt"d by H.L" plMJ..I..L~ug, ~o,"d, ldW HVt ld H)\.I .LGq(t(.,st
vi Ai. appl~GQ.llt, H.L\.I.L'" ~~ III 1,,, no add~t~onal \.II.LAigG.
(4) Iftt" Appl~\.ItLlrt withdtlu1v., H.L\.I Appli\.ldt~on afi\.l.L ~t l.Leu) b\.l'-'.L.l a'-'\.<\.Ipt<..d by tll\.l pltLluufi5,
d\.l&~~l tLl.Ldl~~toll\.1 1'.('5\.1.L vat~vll d~ v ~.,~Oll, tI.L\.I dty .,ludl1\.1fu.ud SO p\.<.LGcnt vi .Lcqull\.1d
kG'!' tLlJ.d no fLUthGll\.lfwld shall b" Inad(,.
(G) R"v~vvv g.nl..!...li:nGs.1..L l(,viGn~Hg a .Lvy-d,st fv.L a.u ap1'GAl vfH1G pl,"J..I.ltllg. aud zoning ~'-"'tO.L'S
a"\.I151oH .L"o.ndiug A 5\.11'QJ.Atlvu vfbtlilJ.~.L~ sit", di v Isloh oflvt VI. lot .,p11t, tl.L\.I p1mJ..l.~ilg bOchd
shall \.<O.L151J\.IJ. thG fvllvnlng \.IJ..ltGlla.
(1) Y,1.h.,tllv.L tllG bu.a.f111g .,it" GIGAt\.lJ. ~on1d bG \.I'iu.A'1 tv VI. 1(1.15\.11. Hun.L tI1G H.Lajolily vrtIl(.
(,Ai..,t~.L.Lg builJ.~J.lg ..,~Lv& ~1lJ. vfth\.l .,aill\.l \.IIJ.MAC,t\.lJ. AS the. ~dlIvu.J.ldiH5 MGA.
(2) ',.Yh,-,thG.L tlJ.G bu.~lJ.~l.Lg. ,:,~t" Gr\.l"tcd nvu.ld re.su.lt ~u GAi"t~J.lg SLU.GtLU\.Ib bG\.IvJ.uiuo
uOnGOufOl11.L~U5 AS tlJ.\.IY u.la.1:(" to S\.Itb4\..l.~.,:, wid vtlJ.Gl ap1'liGa~l" .LGou.1atiou,:, of tlJ.(,SG
la..Lld dlwtv ("IOpu.L("llt rGou.lldivu,:,.
(3) ',Yhe.tlJ.""J. tile. ~u.adin~ .,~h:, GIe.at,-d would b"" fl."'" of ""uGJ.oa""IJ.ulG1!t., fJ.om ab..dtin~
bl1ild"bk site..
(d) Fined d,-Gi~ioJ.J.. TIK d""",,~.,~oll oftiJ.' pla1uJ.~H~ bOChd sb.a11 b, fined &ud tlJ.""J.'- JilJ.dU~, Il:u fl..LJ.fllCI
ICvi""vv thCIGvf '-^GCpt by I'SOJ.t to an appdlat"" ""Ou.lt of ""OI11pGt""J.l.tjLU~.,dktiou~'y pGt~t~Vi~ h~h vvI1t
of GGJ. t~vu\1~.
te}w Revocation procedures. The board may revoke or modify a lot split approval pursuant to
the following procedures:
(I) The planning "..d LoOIl;Ili, 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
r~eated or intermittent noncompliance with the conditions prior to the cure period
and the planning director is concerned about further repeated or intermittent
noncompliance. the planning aild zoning director shall advise the board at the next
meeting and the board may consider setting a pubic hearing for the purpose of
examining the noncompliance issues;
(3) If the board elects to set a public hearing, the planning Gild zou~..g director shall place
the matter on the board's agenda in a timely manner and all notice requirements
imposed for lot split applications as set forth in section 118-323 ill shall be
applicable, with the addition of notice to the applicant;
(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.
All other provisions applicable to revocation procedures as set forth in section 118-194 shall be
applicable to revocation procedures pursuant to this-mtbsection te}.
ff)(Ii} Notice of public hearing requirements. The notice of public hearing requirements for this
subsection ff) (Ii) shall be as set forth in section 118-193.
SECTION 3. Appendix A. Fee Schedule - "Article VII. Division ofLand/Lot Split" is hereby
amended as follows:
Appendix A. Fee Schedule - Article VII. Division of LandILot Split
118-3~1(2) R,~i""vv of appl~Gatioh for HJ."" div~.,~OH oflvt
150.00
R' f r . fi tI d' . . fI I "it tI fi I"
GVJ.'-vl' 0 app l""atJ.Oh VJ. 1e. ].VISIon () 0, a ""J.- iG a""
appl;catic,n
450.80
118-321(1) Application forreview of the division oflots; lot splits:
800.00
After-the-fact application for the division oflots: lot iij)lits
(This fee is in addition to the application fee above)
450.00
118-J21(J), Adjl,.l~tin"'dt tv "":ft\,.l.L-t!H,,,-fa,,C' h.,,,, v~h\.l.L.L H._<t"Gst i., ..ot part
of app,al appl~GAtion, pl~\jng it......LU on plau.L.d115 bvcud's it5\,1uda.
75.80
118-J2J(b) Adi:"linisb.at~v(, fG"., [V.L di\rlsivu 0[10t5 au-J lot "pl~t.;)
800.00
118 J2J(b)(I)
118-321(2) Request for deferment or extension oftime
250.00
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 5. 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 ofthis 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 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 17th day of
07!~
MAYOR
,2001.
ATTEST:
~rP~
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
0) -11----6/
City Attorney Date
F:\PLAN\$PLB'JUL Y\2001 \1520L01\15200RD2.WPD
C'f
1'"
"
..
.
.
:J:
.
.c
I-
ro
-
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,
Frorida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, OCtober 17, 2001, at lhe times listed below, to consider the adoption of the following ordinances:
at 10:35 a.m.:
AN ORDINANCe AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPlOYEES' SALARY ORDINANCE, FOR THE GROUP I ClASSIFICATION, BeiNG THE
CLASSIFICATIONS COVERED BY THE MIAM! BEACH MUNICIPAL EMPLOYEES, AFSCME lOCAl NO. 1554, IN ACCORDANCE WITH THE NEGOTIATED AGREEMENT;
RETROACTIVElY INCREASING ON THE FIRST PAY PERIOD STARTING APRIL 23. 2001 THE MINIMUM OF THE RANGES BY APPROXIMATELY 14.6% AND THE
MAXIMUM OF THE RANGES BY 4% TO REFLECT THE CURRENT CLASSIFICATION AND PAY SYSTEM; INCREASING THE SALARY OF EACH EMPLOYEE,
RETROACTIVELY BY 4% EFFECTIVE WITH THE FIRST PAY PERIOD STARTING ON OR BEFORE APRil 23, 2001; BARGAINING UNIT EMPLOYEES SHAll RECEIVE AN
ACROSS THE BOARD INCREASE OF FOUR PERCENT (4%) WITH THE FIRG'T PAY PERIOD STARTING ON OR BEFOflE APRil 22, 2002, AND A FOUR PERCENT (4%)
INCREASE TO THE MINIMUM AND THE MAXIMUM OF THE RANGES: AND AN ACROSS THE BOARD INCREASE OF FOUR PERCENT (4%) WITH THE FIRST PAY
PERIOD STARTING ON OR BEFORE APRIL 30, 2003, AND A FOOR PERCENT (4%) INCREASE TO THE MINIMUM AND THE MAXIMUM OF THE RANGES; PROVIDING
FOR A REPEALER; SEVERABILITY: CODIFICATION AND EFFECTIVE DATES
Inquiries may be directed to the Human Resources Department at (305) 673-7524,
at 10:40 a.m.:
AN ORDINANCE AMENDING CHAPTER 2, ARTIClE III, Of THE MIAMI BEACH CITY CODE, ENTITI.ED"AGENCIES, BOAAOS AND CQMMITTEES";AMENDING DIVISION
28, SECTION 2.\90,127 THEREIN, WHICH ESTABUSHEDTHE MEMBERSHIP AND PURPOSE OF THE GENERAL OBLIGATION BONO OVERS:GHT COMMITIEE; SAID
AMENDMr:NT CHANGING THE MEMBER FROM THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE AND THE MEMBER FROM THE CITY'S HISTORIC
PRESERVATION BOARD, RESPECTIVELY, FROM NON.VOTING MEMBERS, TO VOTING MEMBERS OJ: THE COMMliTEE: PROVIDING FOR SEVERABILITY;
CODIFICATION; REPEALER; AND AN EFFECTIVE DATE,
Inquires may be directed 10 the Legal Department at (305) 673-7470
at10:45a.m,:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA. AMENDING CHAPTER 118,
'ADMINISTRATIVE AND REVIEW PROCEDURES; ARTICLE VII, "DIVISION OF LAND/lOT SPlIr. BY AMENDING SECTION 118.321 'POOCEDURE; BY ELIMINATING
THE REVIEW BY THE PLANNING DIRECTOR AND REQUIRING ALL REOOESTS FOR DIVISION OF LAND TO BE REVIEWED BY THE PLANNING BOARD: BY
AMENDING SECTION 1 \8.323 "APPEAL PROCEDURES;BY ELlMINAT!NG THE APPEAL OF THE DECISION Of THE Pl.ANNlNG DIRECTORTOTHE RANNING BOARD,
AND BY CLARIFYING REVOCATION PROCEDURES; BY AMENDING "APPENDIX A, FEE SCHEDUlE. ARTICLE VII, DIVISION OF LAND/lOT spur BY ADJUSTING THE
FEES PERT!NENTTOTliESE PROCEDURES; PROVIDING FOO INCLUSION I!IITHE CODE OfTtiE CITY OF MIAMI BEACH, FLORIDA; REPEN..ER; SEVERABllITY:AND
AN EFFECTIVE DATE
Inquiries may be directed 10 the Planning Department at (305) 673-7550.
at10:50a.m.:
AN ORDINANCE OFTHE MAYOR N-JD CITY COMMISSlON OF MIAMI BEACH, flORIDA, AMENDING VARIOUS SECTIONS OF:THE CITY CODE, INClUDING THE LAND
DEVELOPMENT REGULATIONS, CONCERNING ART IN PUBLIC PlACES, AND INVOlVEMENT IN THE SELECTION OF PUBlIC ART BY THE OESIGN REVIEW AND THE
HISTORic PRESERVATION BOARDS; AMENDING CHAPTER 82, ARTICLE VII, ART IN PUBLIC PlACES, DIVISION I, SECTION 82.537, DEFINITIONS, TO ADD TWO
MEMBERS OF THE DESIGN REVIEW OR HISTORIC PRESERVATION BOARDS TO THE PROFESSIONAl ADVISOAY COMMITTEE, DEPENDiNG UPON THE LOCATION
OF TliE PROJECT AND THE RESPECTIVE 80ARD'S JURISDICTIQN; AMENDING SECTION 82.612 TO PRO/IDE THAT IN THE ABSENCE OF A PROFESSIONAL
ADVISORY CQMMITI'EE. THAT THE DESIGNATED DESIGNS REVIEW OR HISTORIC PRESERVATION BOARD MEMBERS SHALL SERVE AS SUCH COMMITTEE TO
AlNlSE THE ART IN PUBLIC PlACES COMMITIEE: AMENDING SECTIONS 118-71(2) AND 118.102(3)TO PROVIDETHATTHE JURISDICTION OFTHE DESIGN REVIEW
AND HISTORIC PRESERVATION BOARDS SHALL BE AlNlSOOY TO THE ART AND PUBLIC PlACES COMMITTEE ON THE SELECTION OF WORKS OF ART, AND TO
PROVIDE THAT SUCH ADVICE BE PROVIDED PRIOR TO THE ART IN PUBLIC PLACES COMMmEE'S RECOMMENDATlONTO THE CITY COMMISSION; PROVIDING
FOR COOIFICATION: SEVERABILITY; REPEALER AND AN EFFECTIVE DATE.
Inquiries may be directed to the Arls. Cultural and Enlertainment Deparlment at (305) 673-7577
llt10:55a,m.:
AN ORDINANCE AMENDING CHAPTER 1313, "SIGNS"OF THE COOE OFTHE CITY OF MIAMI BEACH, flORIDA, BY AMENDING SECTION 138.6, 'SIGNS LOCATED ON
THE UNDERSIDE OF AWNINGS OR CANOPIES;" TO CLARIFY THE REQUIREMENTS FOR AWNING SIGNS: AMENDING SEC, 13/1.10, "SIGNS FOR LEGAL
NONCONFORMING USES AND LEGAL NONCONFORMING SIGNS' TO INCLUDE PROVISIONS FOR RESTORATION AND AEPLACEMENT OF HISTORIC SIGNS;
AMENDING SEC. 138.72, 'PENNANTS, BANNERS. STREAMERS, FLAGS AND FLAGPOLES", TO INCLUDE PROVISIONS TO AlLOW REPlACEMENT OF HISTORIC
FLAGS: AMENDING SEC. \38-139, "MAJOR CULTURAL INSTITUTIONS TEMPORARY BANNER" TO INCLUDE PROVISIONS FOR ALL CULTURAL INSTITUTIONS:
PROVIDING FOR INCLUSION IN THE CODE OFTHE CITY OF MIAMI BEACH, FlORIDA: REPEALER:SEVERA8lllTY;AND AN EFFECTIVE DATE.
al11:30a.m.:
AN ORDINANCE AMENDING CHAPTER 138Qf THE MIAMI BEACH CITY CODE ENTlTlEO"SIGNS"BY AMENDING SECTION 13H4 THEREOF ENTitlED "DISPLAY OF
SIGNS OR ADVERTISEMENT ON PARKED VEHICLES PROHIBITED" BY EXPANDING THE PROHIB!TION OF ADVERTISEMENT ON VEHICLES TO PROHIBIT
ANEATISING VEH!CLES OPERATING IN OR UPON THE FOLLOWING STREETS AND HIGHWAYS UNDER THE CITY'S JURISDICTION: ALL OF OCEAN ORNE AND
THE RESIDENTiAl AREA BOUNDED BY AND INCLUDING 6TH STREET ON THE SOUTH. NORTH LINCOLN lANE ON THE NORTH. LENOX AVENUE ON THE WEST,
AND OREXEL AVENUE AND PENNSYLVANIA AVENUE ON THE EAST: PROVIOING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; AND PROVlDING FOR
CODIFICATION: REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE,
a15:01 p.m.;
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE lAND USE MAP OF THE
COMPREHENSIVE PlAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PROPERTY KNOWN AS THE "AlASKA" PARCEl. A PARCEL OF UNPLATTED
LAND OF APPROXIMATElY 3.4 ACRes. LOCATED NORTH'NEST OF SOUTH POINTE PARK, FROM THE CURRENT MR, MARINE RECREATIONAL, TOTHE PROPOSED
FUTURE lAND USE CATEGOIlY crS.3, COMMERCIALINTENSNE MIXED USE; DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE
DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER; SEVERABILITY; INClUSIQN IN THE COMPREHENSIVE PlAN AND AN EFFECTIVE DATE
a15:01 p,m,:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDlNG THE OffiCIAL ZONING DISTRICT MAp,
REFERENCED IN SECTION 1~2.72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA. BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
PROPERTY KNOWN AS THE "ALASKA- PARCEL, A PARCEL OF UNPl.ATTED LAND OF APPROXIMATElY 3.4 ACRES, LOCATED NORTHWEST OF SOUTH POINTE
PARK, FROM THE CURRENT MR. MARINE RECREATIONAL, laTHE PROPOSED ~ING CLASSIFICATION CP&3 COMMERCIAL INTENSIVE MIXED USE. THEREBY
INCREASING THE FLOOR AREA RATIO (FAR) FROM 0.25 AS PERMITTED IN THE MR ZONING DISTRICT, TO 2.50 FAR AS PERMtTTED IN THE CPS-3 ZONING
DISTHICT; PROVIDING FOR REPEALER; SEVERABILITY; INCWSION;AND AN EFFECTIVE DATE,
Inquiries may be directed to the Planning Department al (305) 673-7550,
al 5:25 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODe OF tHE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 11 "1.1 LIGHT INDUSTRIAL DISTRICT,' BY AMENDING SECTION 142-481 "PURPOse," BY
INCLUDING OFFICES; SECTION 142-482, BY AMENDING SECTION 142.484 (2), "ACCESSORY USES; BY ELIMINATING ACCESSORY OUTDOOR BAR COUNTERS AS
AN ACCESSORY USE IN THE I. \ D!STRICT; BY AMENDING SECTION 142-485 'PROHIBITED USES; TO INCLUDE BARS, DANCE HALLS OR ENTERTAINMENT
ESTABLISHMENTS NOT ALSO OPERATiNG AS RESTAURANTS AS PROHIBITED USES IN THE 1.1 DISTRICT: BY AMENDING DIVISION 5. "CO.2 COMMERCiAl,
MED!UM INTENSITY DISTRICT:" SECTION \42.302 "MAIN PERMiTTED USES' BY CREATING AN CNERLAY DISTRICT IN THE PUROY AVENUEA:lADE BOULEVARD
AREA PROHIBITING BARS, DANCE HALLS OR ENTEmAINMENT ESTABLISHMENTS NOT ALSO OPERATING AS RESTAURANTS: PROJIDlNG FOR !NCLUSION INTHE
CODE OFTHE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABlUTY;AND AN EFFECTIVE DATE.
Inquiries may be directed to tile Planning Department at (305) 673-7550.
ALL INTERESTED PARTIES are invited tc appear at lhis meeling, or be represented by an agent, or to express their views l'l wtiWlg addresses to the City CorrmIs$ion. do the
City Cklrk, 1700 Corwentiofl (Aflt~r Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of Ihese ordinaf'lCeS are avaia~e for public inspeclionooring normal business
hours ifl the City Clerk's Office. 1700 Con;1Jnliofl Center Drive, 1s1 Floor. City Hall, Miami Beach. Florida 33139. This meeling may be oontinuecl and unOOr such ciltUmstarces
ll'JdiIi0f1i11 legal 00"00 'MJulrJ 1101 be provided
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
~
o
o
'"
..
'"
w
m
o
>-
"
o
>
<(
o
'"
'"
=>
'"
>-
=
~
Roberl E,Parcher, City Clerk
Cily 01 Miami Beach
Pursuanllo Seclion 286.0\05. Fla. Slat., Ihe City h8(eby advises lhe ~iC \hat tl a person decides to al-llCalafly decision made by \he City CanmisSion with respect to any
matmrcooskleredal ils meeliflg or its hearing. such person ITlllSlensure lhala velbalim record o/Ihe proceedillgs is made,w11ichrecordlrdudeslhelestimonyandeWlencg
upon which the appt'al is 10 be based, This ooUce roes nol con&IiMe cOllSer~ by the City b-Ihe introduclion or admission of otherwise ioadmiss"'e or ilYelMnl evidence, I10l
does it aulhorite challel1geSOrappeals not otllerwise alklwed bylaw,
InacoordancewiththeArnE>ricanswilllDisabimesActofli19o,personsneedingspecialaCCOlMlOdalior1tcpartic~alllinlhisproceedl'lgshouldcontac\ lhe City Clerks office no
la!flr lMn four days prior 10 the proce~ling.lel8\Jhone (305) 673,7411 lor assislance; ij hearing impaired. telephone lhe Florida Relay SelVice l'1urrbers, (800) 955,8m (TUD) or
(BOO) 955.8770(VOICE).forasSi~lance ' ,. , ~ ~ ',' '.' , . . . ' ,
Ad#49
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez \\ .-/
City Manager a ""l)
DATE: October 17, 2001
SECOND READING - PUBLIC HEARING
SUBJECT:
Revision to the lot split process.
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 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VII.
"DIVISION OF LAND/LOT SPLIT," BY AMENDING SECTION 118-321
"PROCEDURE," BY ELIMINATING THE REVIEW BY THE PLANNING
DIRECTOR AND REQUIRING ALL REQUEST FOR DIVISION OF LAND
TO BE REVIEWED BY THE PLANNING BOARD; BY AMENDING
SECTION 118-323 "APPEAL PROCEDURES," BY ELIMINATING THE
APPEAL OF THE DECISION OF THE PLANNING DIRECTOR TO THE
PLANNING BOARD, AND BY CLARIFYING REVOCATION
PROCEDURES; BY AMENDING "APPENDIX A, FEE SCHEDULE -
ARTICLE VII, DIVISION OF LANDILOT SPLIT" BY ADJUSTING THE
FEES PERTINENT TO THESE PROCEDURES; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve on second reading this
proposed amendment to Article VII. "Division of Land/lot Split" procedures as set forth in the
Land Development Regulations of the Code of the City of Miami Beach.
ANALYSIS
The proposed amendments to Article VII. "Division ofLandlLot Split," are an attempt by staff to
simplifY processes and reviews included in the Land Development Regulations ofthe City Code,
PB File No. 1520
AGENDA ITEM p(2)C-
DATE /0-/7-0(
Commission Memorandum
October 17,2001
Public Hearingfor Lot split regulations
Page 2
as part of the recommendations made by the Business Resolution Task Force. Specifically, the
following is noted with regard to each pertinent section of the Code:
1. Section 118-321 "Procedure"
The amendment to this section eliminates the administrative review of a request for lot
split. Generally, requests for administrative review of lot splits result in a denial by the
planning director, as most requests do not meet the criteria established in the city code.
Currently, the administrative denial is appealed to the planning board, which requires an
application for a public hearing. The elimination of the administrative review and the
subsequent appeal process, streamlines this time consuming process. The proposed
amendment would require public hearings by the planning board for all lot split
applications.
2. Section 118-323 "Appeal Procedures"
The appeal process of an administrative denial of a lot split would be eliminated from this
section. The amendment to this section would correct the procedures applicable to
enforcement of planning board orders. The amendment would clarifY that enforcement, or
revocation or modification, can be brought to the board for consideration based on repeated
or intermittent noncompliance with board orders, regardless ofthe applicant's compliance
during the prescribed 15-day cure period following notice of noncompliance.
3. "Appendix A, Fee Schedule
The amendment to the fee schedule would eliminate the existing fee for an administrative
review, and establish an after-the-fact fee that would be in addition to the application fee.
PROCEDURE:
In accordance with Section 118-163(3), when reviewing a request for an amendment to the land
development regulations, the City commission shall consider the following when applicable:
1. Whether the proposed change is consistent and compatible with the comprehensive
plan and any applicable neighborhood or redevelopment plans.
Consistent - The proposed amendment does not require any amendments to the
comprehensive plan.
2. Whether the proposed change would create an isolated district unrelated to adjacent
or nearby districts.
Not Applicable
Commission Memorandum
October }7, 2001
Public Hearingfor Lot split regulations
Page 3
3. Whether the change suggested is out of scale with the needs of the neighborhood or
the city.
Consistent - By eliminating the administrative review and the subsequent appeal process,
the proposed amending ordinance would streamline the process, making it a more efficient
and effective process.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Not Applicable
5. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Not Applicable
6. Whether changed or changing conditions make the passage ofthe proposed change
necessary.
Consistent - The proposed amendment would streamline and clarify existing regulations
and update and adapt those regulations to the development pressures occurring due to
higher real estate values.
7. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Consistent - No adverse impact is expected to result from the proposed amendment.
8. Whether the proposed change will create or excessively increase traffic congestion
beyond the levels of service as set forth in the comprehensive plan or otherwise affect
public safety.
Not Applicable
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Not Applicable
Commission Memorandum
October 17,2001
Public Hearingfor Lot split regulations
Page 4
10. Whether the proposed change will adversely affect property values in the adjacent
area.
Consistent - By streamlining the process and referring all lot split applications to the
planning board for consideration during a public hearing would ensure that the immediate
neighborhood is notified thereby keeping the community advised, while at the same time
maintaining open space and neighborhood character without negatively impacting property
values.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Consistent - The proposed amendment will not deter improvements or development of
adjacent property. On the contrary, the process would ensure that building sites resulting
from approval of a lot split will meet the requirements of existing regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
Not Applicable
13. Whether it is impossible to find other adequate sites in the city for the proposed use
in a district already permitting sucb use.
Not Applicable
Planning Board Action
The Planning Board held a public hearing at its July 31, 2001 meeting and voted unanimously 5-0
(two members absent) to recommend to the City Commission approval of the proposed
amendment.
Commission Action
At the September 20, 2001 public hearing, the City Commission adopted, on first reading, the
proposed amendment without any changes.
Commission Memorandum
October 17, 2001
Public Hearingfor Lot split regulations
Page 5
Conclusion
Based on the foregoing, the Administration recommends that the City Commission approve the
proposed ordinance on second reading.
JMG\~L
F:\PLAN\$PLBICCMEMOS\20011152OCCM2.WPD