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2015-3958 Ordinance DEMOLITION PROCEDURES FOR PRE-1942 SF HOMES ORDINANCE NO. 2015-3958 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142-108, "PROVISIONS FOR THE DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE-1942 SINGLE FAMILY HOMES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority 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 ("LDRs") provides for the regulation of land within the City; and WHEREAS, the City's Building Official, in interpreting and reviewing the Florida Building Code ("FBC") has determined that a full building permit cannot be issued while a structure remains on a site 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, 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, the Planning Board, at its meeting dated June 23, 2015, by a vote of 6- 0, recommended in favor of the Ordinance; 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 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2, "Single Family Residential Districts," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS Sec. 142-108. - Provisions for the demolition of single-family homes located outside of historic districts. (d) Total demolition procedures for a pre-1942 home. (1) A building permit for the total demolition of any single-family home constructed prior to 1942 shall only be issued following the final determination (after the expiration of time or exhaustion of all appeals) by the planning director, or designee, or the DRB, that the subject structure is not an architecturally significant home. A property owner may proceed directly to the DRB, pursuant to subsection 142-108(g); in this instance, a demolition permit shall -: --- - - - - -- -- ••' - -- -- . _ '_ has been issued. only be issued in accordance with subsection 142-108(f). * * * (e) Partial demolition procedures for an architecturally significant home. (1) A building permit for partial demolition to accommodate additions or modifications to the exterior of any architecturally significant single-family home constructed prior to 1942 shall be issued only upon the prior final approval by the planning director, or designee, unless appealed as provided in subsection (3) below. In the event an architecturally significant single-family home is proposed to be substantially retained, the mail notice requirements in subsection 142-108(a) shall not be required and a property owner may proceed directly to the design review board, pursuant to subsection 142-108(g), or agree to have the partial demolition reviewed and approved by staff, pursuant to subsection 142-108(e)(4); in either instance, a demolition permit shall -_ e" - --_ _ - • - - _ -• _ _ e" "• : --. -e• _ _ ._ has been issued. only be issued in accordance with subsection 142-108(0. * * * (f) Issuance of demolition permits for architecturally significant homes. (1) Emergency demolition orders. This section shall not supersede the requirements of the applicable building code with regard to unsafe structures and the issuance of emergency demolition orders, as determined by the building official. (2) A demolition permit for the total demolition of an architecturally significant single-family home constructed prior to 1942, shall not be issued unless a-full --•e•-- e" "• - - -=' - - -• - e""' --=. 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; 2 f 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. (3) The demolition permit shall require that all debris associated with the demolition of the structure shall be re-cycled, in accordance with the applicable requirements of the Florida Building Code. 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 a S' day of ePt r-?#,he , Aa'4.' n I/ t' Philip Levine, Ma�dr ATTEST: Rafael /Granada Granado, City Cle = "" ••4n g:.. APPROVED AS TO '��.., � _ FORM AND LANGUAGE 111 0 INuORP ORATED ,1 & FO EXECUTION/: 4- 1 q--g- (5 -9 --T ' .- . O 4� City Attorney Date First Reading: July 8, 2015 i e 6� '" ,)/ (.201 Second Readin : Septemb r 2, 2 f -' i u wet�. •• Verified by: Th as R. Mooney, Planning Director T:WGENDA\2015\September\PLANNING\Demo Procedures Pre 1942 SF Homes-ADOPTED ORD.docx 3 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance that amends the requirements and procedures for issuance of a demolition permit prior to the issuance of a full building permit for architecturally significant pre-1942 single family homes. 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 City Code Section 118-108 (f)(2) requires that a full building permit for new construction be issued prior to the issuance of a total demolition permit for a pre-1942 architecturally significant single family home. 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 a proposed new building on that site. Due to this conflict, the proposed Ordinance amendment includes modifications to the current demolition procedures set forth in the LDR's that seek to balance both interests. On June 17, 2015, the Land Use and Development Committee recommended that the Ordinance be sent to the Planning Board with a favorable recommendation. On July 8, 2015 the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; and 2) approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for September 2, 2015. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On June 23, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City Commission with a favorable recommendation. (Planning Board File No. 2262). 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: Depart !ent Dir.ctor Assistant City Manager City Manager tiAmimoy■ v T:\AGENDA\2015\Septemb- PLANNING\Demo Procedures Pre 1942 SF Homes-Seconeading SUM.docx AGENDA ITEM n Sg . ►� I V % DATE 9-2-15 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the Cit Commission FROM: Jimmy L. Morales, City Manager DATE: September 2, 2015 EC ND READING — PUBLIC HEARING SUBJECT: Demolition Procedures for Pre-1942 SF Homes AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142-108, "PROVISIONS FOR THE DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE-1942 SINGLE FAMILY HOMES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. BACKGROUND On May 6, 2015, at the request of Commissioner Malakoff, the City Commission referred the subject Ordinance amendment (Item C4B) to the Land Use and Development Committee. The item was simultaneously referred to the Planning Board. On June 17, 2015, the Land Use and Development Committee recommended that the Ordinance be sent to the Planning Board with a favorable recommendation. ANALYSIS On April 10, 2002, the City Commission adopted an Ordinance establishing demolition procedures for single-family homes which were constructed prior to 1942 and determined to be architecturally significant. Specifically, such procedures required Design Review Board approval for the new construction. Further, City Code Section Commission Memorandum Ordinance Amendment—Demolition Procedures for Pre-1942 SF Homes September 2, 2015 Page 2 of 4 118-108 (f)(2) requires that a full building permit for new construction be issued prior to the issuance of a total demolition permit. With regard to the above noted City Code requirements for 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 a proposed new building on that site. However, requiring that a new construction project be substantially permitted 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, the proposed Ordinance amendment includes modifications to the current demolition procedures set forth in the LDR's that seek to balance both interests. The proposed Ordinance amendment includes modifications to the existing applicable code section (Sec. 142-108 (f)(2)), to allow a total demolition permit to be issued prior to the issuance of a full building permit. Specifically, the proposed Ordinance requires that certain minimum benchmarks are 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 pp p 9 to, building permit and impact fees, as well as applicable concurrency and fees in lieu of providing parking; and 4. A tree survey, if required shall be submitted and a replacement plan, if required, shall be reviewed and approved by the Greenspace Management Division; and 5. All debris associated with the demolition of the structure shall be recycled, in accordance with the applicable requirements of the Florida Building Code. In summary, a defined set of predictable rules and procedures for the demolition of single-family homes would allow for consistency with the applicable building code. It would also discourage the demolition of viable single-family homes 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 remedy emergency conditions. PLANNING BOARD REVIEW On June 23, 2015, the Planning Board (by a 6-0 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 Commission Memorandum Ordinance Amendment—Demolition Procedures for Pre-1942 SF Homes September 2, 2015 Page 3 of 4 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 On July 8, 2015, the subject Ordinance was approved at First Reading. Subsequent to this approval, Planning staff identified minor conflicts with 2 other subsections of 142- 108. In order to remove these conflicts, and have the entire Section of the Ordinance be consistent, the following additional revisions are recommended for Section 142-108: (d) Total demolition procedures for a pre-1942 home. (1) A building permit for the total demolition of any single-family home constructed prior to 1942 shall only be issued following the final determination (after the expiration of time or exhaustion of all appeals) by the planning director, or designee, or the DRB, that the subject structure is not an architecturally significant home. A property owner may proceed directly to the DRB, pursuant to subsection 142-108(g); in this instance, a demolition permit shall not be issued - --• =•'= -- ••• - -- -=" - ---- • ---. only be issued in accordance with subsection 142-108(f). (e) Partial demolition procedures for an architecturally significant home. (1) A building permit for partial demolition to accommodate additions or modifications to the exterior of any architecturally significant single-family home constructed prior to 1942 shall be issued only upon the prior final approval by the planning director, or designee, unless appealed as provided in subsection (3) below. In the event an architecturally significant single-family home is proposed to be substantially retained, the mail notice requirements in subsection 142- 108(a) shall not be required and a property owner may proceed directly to the design review board, pursuant to subsection 142-108(g), or agree to have the partial demolition reviewed and approved by staff, pursuant to subsection 142- 108(e)(4); in either instance, a demolition permit shall not bbe is ued ntil a full building permit for new construction has been issued. only be issued in accordance with subsection 142-108(f). The above noted changes, which simply reference the proposed new standard for 9 pY p P demolition permits, are not substantive and can be included as part of the adoption of the Ordinance at Second Reading. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance, with the following additional revisions for Section 142-108: (d) Total demolition procedures for a pre-1942 home. (1) A building permit for the total demolition of any single-family home constructed prior to 1942 shall only be issued following the final determination (after the expiration of time or exhaustion of all appeals) by the planning director, or designee, or the DRB, that the subject structure is not an architecturally significant home. A property owner may proceed Commission Memorandum Ordinance Amendment—Demolition Procedures for Pre-1942 SF Homes September 2, 2015 Page 4 of 4 directly to the DRB, pursuant to subsection 142-108(g); in this instance, a demolition permit shall not be issued until a full building permit for new construction has been issued. only be issued in accordance with subsection 142-108(f). (e) Partial demolition procedures for an architecturally significant home. (2) A building permit for partial demolition to accommodate additions or modifications to the exterior of any architecturally significant single-family home constructed prior to 1942 shall be issued only upon the prior final approval by the planning director, or designee, unless appealed as provided in subsection (3) below. In the event an architecturally significant single-family home is proposed to be substantially retained, the mail notice requirements in subsection 142- 108(a) shall not be required and a property owner may proceed directly to the design review board, pursuant to subsection 142-108(g), or agree to have the partial demolition reviewed and approved by staff, pursuant to subsection 142- 108(e)(4); in either instance, a demolition permit shall not be issued ,,ntil a fun building permit for new construction has been issued. only be issued in accordance with subsection 142-108(f). 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