2015-3937 Ordinance DEMOLITION PROCEDURES FOR HISTORIC STRUCTURES
ORDINANCE NO. 2015-3937
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR) OF
THE CITY CODE, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION," DIVISION 3, "ISSUANCE
OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION," AT SECTION 118-563, "REVIEW
PROCEDURE;" AND BY AMENDING SECTION 118-564, "DECISIONS ON
CERTIFICATES OF APPROPRIATENESS;" BY AMENDING THE PROCEDURES FOR
THE ISSUANCE OF A DEMOLITION' PERMIT, BY ESTABLISHING CRITERIA TO
OBTAIN A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING
PERMIT FOR STRUCTURES THAT ARE LOCATED WITHIN LOCAL HISTORIC
DISTRICTS, INDIVIDUALLY DESIGNATED AS A HISTORIC SITE OR INDIVIDUALLY
DESIGNATED AS A HISTORIC STRUCTURE; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is authorized to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDR")
provides for the regulation of land within the City; and
WHEREAS, the City's LDR requirement to obtain a full building permit for
replacement construction prior to the issuance of a demolition is in conflict with procedures
set forth in the Florida Building Code (FBC), which requires demolition prior to the issuance
of a permit for construction; and
WHEREAS, the Planning Board, at its meeting dated February 24, 2015, by a vote of
6-0, recommended in favor of the Ordinance; and
WHEREAS, it is appropriate for the City to adopt criteria in the LDR by which formal
demolition rules and procedures are codified for all structures located within the City and
can be used by the Planning Department Staff in the review of demolition permits; and
WHEREAS, it is appropriate to update the definitions in the LDR to include a
definition of a Phased Building Permit; and
WHEREAS, Section 1.06 of the City Charter requires a public vote referendum prior
to enacting reduced power and duties of Historic Preservation Board ("HPB"), or less
stringent historic preservation standards or regulations; and
WHEREAS, the City's Building Official, in interpreting and reviewing the Florida
Building Code ("FBC") has determined that a full construction permit cannot issue while the
structure remains as the FBC requires the City permit to specifically identify current site
conditions which site conditions would not be consistent with a vacant lot; and
WHEREAS, if the building remains, the Building Official cannot sign-off on the plans
that should reflect a vacant lot when the lot is not vacant, and
WHEREAS, demolition could change the lot conditions due to unknown obstacles or
conditions; and
WHEREAS, due to this conflict between State law and City Code, the City Code is
recommended to be modified to require compliance with all building permit payments,
impact fees, etc., but not require a final issued building permit as doing so would conflict
with the FBC; and
WHEREAS, due to this conflict, the City Code relating to HPB is not being "lessened"
but rather it is being enhanced to comply with FBC requirements; and
WHEREAS, the amendments set forth below are necessary to accomplish 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, "Administration and Review Procedures," Article X, "Historic
Preservation," Division 3, "Issuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition," of the Land Development Regulations of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
DIVISION 3. ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION
Sec. 118-563. Review procedure
* * *
(c) All applications for a certificate of appropriateness for the demolition or partial
demolition of any building, structure, improvement, significant landscape
feature, public interior or site individually designated in accordance with
sections 118-591, 118-592 and 118-593, or located within a historic district
and all applications for a certificate of appropriateness for new building
construction, alteration, rehabilitation, renovation, restoration or any other
physical modification of any building, structure, improvement, significant
landscape feature, public interior or site individually designated in accordance
with sections 118-591, 118-592 and 118-593, or located within a historic
district shall only be considered by the board following a public hearing. At
least 30 days prior to the public hearing date, a description of the request with
the date, time, and place of such hearing shall be (i) posted on the property,
(ii) advertised in a paper of general paid circulation in the community, and (iii)
be given by mail to the owners of record of land lying within 375 feet of the
property. The mail notification requirement shall be the responsibility of the
applicant. The historic preservation board shall decide, based upon the
criteria set forth in subsection 118-564(f)(4), whether or not to issue a
certificate of appropriateness for demolition. A demolition permit shall not be
issued until a full building permit for the new construction has been issued, all
2
of the following criteria are satisfied, except as permitted under subsection
118-564(0(6):
the issuance of a building permit process number for new
construction;
ii. the building permit application and all required plans for the new
construction shall be reviewed and approved by the Planning
Department;
iii. all applicable fees for the new construction shall be paid, including but
not limited to, building permit and impact fees, as well as applicable
concurrency and parking impact fees;
iv. A tree survey, if required, shall be submitted and a replacement plan,
if required, shall be reviewed and approved by the Greenspace
Management Division;
v. all debris associated with the demolition of the structure shall be re-
cycled, in accordance with the applicable requirements of the Florida
Building Code.
Sec. 118-564. Decisions on certificates of appropriateness
(f) Certificate of appropriateness for demolition.
* * *
(6) A -building permit shall not be issued for the demolition 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 a historic district until the new or replacement construction for
the property has been approved and a full building permit for the new
construction has been issued until all of the following criteria are satisfied:
a. the issuance of a building permit process number for new
construction;
b. the building permit application and all required plans for the new
construction shall be reviewed and approved by the Planning
Department;
c. all applicable fees for the new construction shall be paid, including but
not limited to, building permit and impact fees, as well as applicable
concurrency and parking impact fees;
d. A tree survey, if required, shall be submitted and a replacement plan,
if required, shall be reviewed and approved by the Greenspace
Management Division;
e. all debris associated with the demolition of the structure shall be re-
cycled, in accordance with the applicable requirements of the Florida
Building Code.
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For noncontributing structures located in one of the city's historic districts, this requirement
may be waived or another permit substituted at the sole discretion of the historic
preservation board.
SECTION 2. 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 3. CODIFICATION
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. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 6 day of Th a y , 2015.
. Philip Levine, Mayor
ATTEST: '��v�..�aviim��lit 11
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'�•""`�� * ; APPROVED AS TO
INCORP ORATED'
FORM AND LANGUAGE ..
FOIR EXECUTION
26 ����'�� City Attorney Da e
First Reading: April 15, 2015
Second Reading: May 6, 2015 _ 1.A
Verified by: 014
Thomas R. Mooney,/ICP
Planning Director
Underscore denotes new language
denotes deleted language
[Sponsored by Commissioner Malakoff]
T:\AGENDA\2015\May\Demolition Procedures For Historic Structures-Second Reading-ORD.docx
4
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance amendment regarding the procedures for the issuance of
demolition permits for structures that are located within local historic districts and historic sites in order
to comply with the requirements of the Florida Building Code.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would amend the requirements to obtain a full building permit prior to
obtaining a demolition permit for structures that are located within local historic districts or individually
designated as an historic site, in order to comply with the requirements of the Florida Building Code.
Rather than require a full building permit, the modification requires that a building permit process
number be issued, that the building permit application be reviewed and approved by the Planning
Department, and that all applicable fees for new construction be paid.
On June 12, 2014, the Land Use Committee discussed the proposal, and recommended that the City
Commission refer an Ordinance Amendment to the Planning Board.
On April 15, 2015, the City Commission approved the subject Ordinance at First Reading with a
modification that tree surveys and tree mitigation plans, if applicable, be required as part of the
demolition permit application.
The Administration recommends that the City Commission adopt the attached Ordinance.
Advisory Board Recommendation:
On February 24, 2015, the Planning Board (vote of 5-0), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2198).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
D artm rt Di for istan City Manager 'A\\ty Manager
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AGENDA ITEM R
-
DATE C 6 i
MIAMI BEA
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City;Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015 ,SECOND READING — PUBLIC HEARING
SUBJECT: Demolition Procedures for Histor' Properties
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRs) OF THE CITY CODE, BY AMENDING CHAPTER
118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X,
"HISTORIC PRESERVATION," DIVISION 3, "ISSUANCE OF CERTIFICATE
OF APPROPRIATENESS/ CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION," AT SECTION 118-563, "REVIEW
PROCEDURE;" AND BY AMENDING SECTION 118-564, "DECISIONS ON
CERTIFICATES OF APPROPRIATENESS;" BY AMENDING THE
PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT, BY
ESTABLISHING CRITERIA TO OBTAIN A DEMOLITION PERMIT PRIOR TO
THE ISSUANCE OF A FULL BUILDING PERMIT FOR STRUCTURES THAT
ARE LOCATED WITHIN LOCAL HISTORIC DISTRICTS, INDIVIDUALLY
DESIGNATED AS AN HISTORIC SITE OR INDIVIDUALLY DESIGNATED AS
AN HISTORIC STRUCTURE; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
BACKGROUND
On March 11, 2014, the Historic Preservation Board (HPB) discussed the issuance of
demolition permits for structures located outside of local historic districts. The Land
Development Regulations (LDRs) of the City Code do not currently provide for any
formal demolition process or procedure when a total demolition permit is requested for
any commercial or multi-family structure which is not locally designated, or within a
locally designated historic district. The HPB requested that the Mayor and City
Commission consider having the Administration develop a formal process to be included
in the LDRs, which outline a procedure for the review of demolition permits for potentially
architecturally significant structures which are not locally designated.
On April 23, 2014, at the request of the Historic Preservation Board, the City
Commission Memorandum
Ordinance Amendment—Demolition Procedures for Historic Properties
May 6, 2015 Page 2 of 4
Commission referred this request to the Land Use and Development Committee. On
June 12, 2014, the Land Use Committee discussed the proposal, and recommended
that the City Commission refer an Ordinance Amendment to the Planning Board. On
July 23, 2014, the City Commission referred an Ordinance Amendment to the Planning
Board, which incorporated the following:
1. Modifications to Section142-108(f)(2) and Section 118-564(0(6) to eliminate any
conflict with the Florida Building Code, including the benchmarks proposed
herein.
2. Modifications to the LDR's that include formal demolition rules and procedures
for all structures which are not historically designated and not located within a
single family zoning district.
3. Creation of a definition for `Phased Building Permit'.
4. Establishment of procedures for the removal of specimen trees.
On September 10, 2014, the City Commission took the following actions regarding this
item:
1. Item C4L: At the request of Commissioner Weithhorn, a referral to the Land Use
& Development Committee to revise a proposed amendment to the Land
Development Regulations to establish demolition procedures for all properties in
the City. As part of this referral, Commissioner Grieco requested that a
requirement for the recycling of material generated by demolished homes be
explored.
2. Item C4N: At the request of Commissioner Wolfson, direction and authorization
was given for the City Manager to withdraw Planning Board File No. 2199
concerning a proposed ordinance to establish demolition procedures outside of
historic districts, and refer the Ordinance back to the Land Use and Development
Committee (LUDC) to discuss the potential impact on property rights.
On October 1, 2014, the Land Use Committee discussed the item and recommended
that the City Commission re-refer Ordinance Amendments to the Planning Board
incorporating the following:
1. Modifications to Section142-108(0(2) and Section 118-564(0(6) to eliminate any
conflict with the Florida Building Code, including the benchmarks proposed
herein.
2. Modifications to the LDR's that include formal demolition rules and procedures
for all structures which are not historically designated and not located within a
single family zoning district.
3. Creation of a definition for `Phased Building Permit'.
4. A requirement for the posting of any single family property where the demolition
of a home is proposed.
Commission Memorandum
Ordinance Amendment—Demolition Procedures for Historic Properties
May 6, 2015 Page 3 of 4
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
On November 19, 2014, the City Commission referred the Ordinance amendments to
the Planning Board. The current sponsor of the Ordinance is Commissioner Joy
Malakoff.
ANALYSIS
Currently, all structures located within local historic districts or individually designated as
historic sites or historic structures, are required to obtain a Certificate of Appropriateness
for Demolition from the Historic Preservation Board and be issued a full building permit
for the new construction, prior to the issuance of a demolition permit. City Code Sec.
118-564(0(6) states:
A building permit shall not be issued for the demolition 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 until the new or replacement construction for the property has
been approved and a full building permit for the new construction has been
issued.
Additionally, it should be noted that the Historic Preservation Board has the discretion to
waive this requirement for structures classified as Non-Contributing'.
With regard to the above noted City Code requirements for a obtaining a demolition
permit, Planning Staff has been made aware that this regulation is in conflict with
procedures set forth in the Florida Building Code (FBC), which require the demolition of
a structure prior to the issuance of a permit for new construction that would replace the
structure in its entirety. The policy of requiring Historic Preservation Board approval and
the issuance of a full building permit for proposed new construction prior to the issuance
of a total demolition permit is in the best interest of the City as it reduces speculative
demolition. Due to this conflict, however, the proposed Ordinance amendments include
minor modifications to the current demolition procedures set forth in the LDR's.
The proposed Ordinance amendment includes modifications to the existing applicable
code section (Sec. 118-564(0(6)), to allow a total demolition permit to be issued prior to
the issuance of a full building permit, provided that certain minimum benchmarks be
achieved, prior to the issuance of a demolition permit. These benchmarks include:
1. The issuance of a building permit process number for new construction; and
2. The building permit application and all required plans for the new construction
shall be reviewed and approved by the Planning Department; and
3. All applicable fees for the new construction shall be paid, including but not
limited to, building permit and impact fees, as well as applicable concurrency
and parking impact fees.
These benchmarks represent a substantial investment of resources, which would
significantly reduce property speculation.
•
Commission Memorandum
Ordinance Amendment—Demolition Procedures for Historic Properties
May 6, 2015 Page 4 of 4
In summary, a defined set of predictable rules and procedures for demolition would allow
for consistency with the applicable building code. It would also discourage the
demolition of viable structures for speculation and prevent an excess of vacant lots.
Finally, it should be noted that none of the changes suggested herein would limit or
impact the ability of the Building Official to exercise discretion under the Florida Building
Code to issue Emergency Demolition Orders.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
Article I, Section 1.06 of the City Charter states that "whether through amendment,
exemption, repeal, or otherwise, reduces the powers and duties of the City's Historic
Preservation Board, or creates less stringent historic preservation standards or
regulations, shall, before becoming effective be approved by a majority of the voters in a
Citywide referendum." The City Attorney has determined that a referendum is not
required for the proposed Ordinance amendment, because it brings the Land
Development Regulations into compliance with State Law.
On April 15; 2015, the City Commission approved the Ordinance at First Reading with a
modification that tree surveys and tree mitigation plans, if applicable, be required as part
of the demolition permit application.
CONCLUSION
The Administration recommends that the City Commission adopt the attached
Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\2015\May\Demolition Procedures For Historic Structures-2nd Reading MEM.docx
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