2002-24750 Reso
RESOLUTION NO. 2002-24750
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO CONSIDER 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,
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE II, IIDISTRICT REGULATIONS",
DIVISION 2, "SINGLE FAMILY RESIDENTIAL DISTRICTS", BY
CREATING PROCEDURES FOR THE REVIEW OF DEMOLITION
REQUESTS FOR HISTORICALLY SIGNIFICANT SINGLE
FAMILY HOMES CONSTRUCTED PRIOR TO 1942 AND NOT
LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT.
WHEREAS, On December 19, 2001 the City Commission adopted Interim
Procedures regarding the demolition of single family homes, for a period of three (3)
months; and
WHEREAS, The City Administration was instructed to return to the City Commission
within three (3) months with a more comprehensive set of procedures to deal with the
demolition of significant single family homes, in the form of amendments to the City Code;
and
WHEREAS, On February 5, 2002 the Land Use and Development Committee
recommended approval of the proposed Ordinance Amendment creating procedures for
the demolition of single family homes constructed prior to 1942; and
WHEREAS, the City of Miami Beach Planning Department has recommended this
amendment to the Land Development Regulations of the City Code.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading shall be
held on March 20, 2002, to consider the proposed Ordinance Amendment creating
procedures for the demolition of single family homes constructed prior to 1942 as follows:
First Reading 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 20th day of February
,2002.
ATTEST:
MAYOR
~(f~
CITY CLERK
Resolution No. 2002-24750
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION:
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DATE
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ATTACHMENT FOR INFORMATIONAL PURPOSES
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, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 2, "SINGLE FAMILY
RESIDENTIAL DISTRICTS", BY CREATING PROCEDURES
FOR THE REVIEW OF DEMOLITION REQUESTS FOR
HISTORICALLY SIGNIFICANT SINGLE FAMILY HOMES
CONSTRUCTED PRIOR TO 1942 AND NOT LOCATED
WITHIN A DESIGNATED HISTORIC DISTRICT;
PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") places a strong emphasis on the retention of
existing historically significant single family homes; and
WHEREAS, the City Commission has deemed it in the best interest and welfare of the City
to adopt procedures for the review and issuance of demolition permits for all single family homes
constructed prior to 1942 and located outside of a designated historic district; and
WHERAS, the City Commission, on December 19, 2001 adopted interim procedures until
more specific standards and procedures could be adopted, and this proposed ordinance reflects the
final regulatory proposal for the affected properties; and
WHEREAS, the City Commission deems it appropriate to adopt new procedures for the
review and approval of demolition permits for such homes; and
WHEREAS, The City of Miami Beach Historic Preservation, Design Review a1id Planning
Boards strongly endorse the proposed amendments to the Single Family Residential Districts Section
of the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
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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
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Sec. 142-105. Development regulations and area requirements.
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(d) Provisions for the demolition of single family homes located outside of historic districts.
The following provisions shall apply only to those single family homes constructed prior to 1942 and
that are not located within a designated historic district or designated historic site.
(1) Total Demolition.
No building permit for the total demolition of any single family home constructed prior to 1942 shall
be issued without the prior approval of the Planning Director. or designee. following the
determination that the subiect structure is not an historically significant property. as defined in
section 114-1 of these Land Development Regulations. An application for such approval shall be
processed by the Planning Department within five (5) business days of its submission. When
reviewing such application for approval of a demolition permit. to determine whether the subject
structure is an historically significant property. the Planning Director. or designee. shall determine
whether at least one of the criteria in section 118-592(a) has been satisfied. as well as determine that
all of the following additional Evaluation Criteria have been satisfied:
a. The subiect structure is exemplary of a specific architectural style in the city prior to 1942.
including Vemacular. Mediterranean Revival. Art Deco. Streamline. or variations thereof:
b. The exterior of the structure is immediately recognizable as an example of its style and/or period:
and
c. A significant portion of the exterior architectural characteristics. architectural features and details
of the subiect structure is substantially intact.
(2) Partial Demolition.
a. No building permit for ~artial demolition to accommodate additions or modifications to the
exterior of any single family home constructed prior to 1942 shall be issued without the prior
approval by the Planning Director. or designee. An application for such approval shall be processed
by the Planning Department within five (5) business days of its submission. An applicant may meet
with the Planning Director. or designee prior to the submission of an application. in order to receive
preliminary feedback relative to the specific modifications being requested. Review of applications
for partial demolition shall be limited to the actual portion of the structure that is proposed to be
modified. demolished or altered. and shall include the following parameters:
1. Demolition of the front fa~ade or architecturally significant portions of a building or
structure. provided the alterations and/or additions are architecturally appropriate to the
original design and scale of the building.
2. Demolition of original architectural features on secondary elevations of the structure
2
provided such demolition does not compromise its overall original design integrity.
3. Demolition associated with facade and building restorations. which are consistent with
historic documentation.
(b) When reviewing an application for approval of a partial demolition tJermit to accommodate
additions or modifications to the exterior of such homes. the Planning Director. or designee. shall
base their decision on the followinJ? criteria:
1. Evaluation of the compatibility of the proposed alterations or addition with the as-built scale
and character of similar surrounding properties to ensure that the proposed alterations or
addition is ap\,>ropriate to and compatible with the surrounding properties.
2. The general design. scale. massing. arrangement. texture. material and color of the proposed
alterations or addition.
3. The original architectural design of the subject structure or any subsequent modifications that
have acquired architectural significance.
4. The proposed alterations or addition shall be designed. sited and massed in a manner that is
sensitive to and compatible with the existing structure.
(3) Emergency Demolition Orders and Minimum Flood Elevation Reauirements.
Notwithstanding the foregoing. this Ordinance shall not supercede the requirements of the applicable
Building Code. as determined by the Building Official.
(4) Demolition of the interior of an existing single family home constructed prior to 1942. including
plumbing. electrical and mechanical systems. shall not require allproval of the Planning Director.
provided it has no adverse impact upon the structural integrity of the buildinJ? or the original
architectural design of the exterior walls inclusive of original exterior architectural features and
details.
(5) In the event the Planning Director. or designee. is unable to approve a demolition request under
Section 142-1 05( d) of the City Code. the applicant may seek review by a Single Family Residential
Review Board. com\,>osed of one (1) member each from the Planning Board. the Design Review
Board and the Historic Preservation Board. Each of the preceding Boards shall appoint two (2)
members to the Single Familv Residential Review Board. to serve on a rotating or as available basis.
In the event the appointed members to the Single Family Residential Review Board are unavailable.
the Chair of the respective Board may serve in such capacity. or shall designate another member of
the Board to serve in such capacity. Quorum for such Board shall be all three (3) members and a
sim\,>le maiority will be necessary to atJprove any application. The Planning Department shall provide
staff support to the Single Familv Residential Review Board and the city attorney's office shall
provide legal counsel. All applications for review by the Single Family Residential Review Board
must be filed within 10 calendar days of rendition of the decision or determination of the Planning
Director. or designee. Notice requirements for any hearing before the Single Family Residential
Review Board shall be limited to the posting of the property that is the subiect of the hearing no less
than five (5) calendar days of the hearing date. An appeal of the decision of the Single Family
Residential Review Board shall be to a Special Master appointed by the City Commission. in
accordance with the procedures setforth in section 118-537(b) of these Land Development
Regulations.
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SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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 _ day of
, 2002.
MAYOR
ATTEST:
CITY CLERK.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
Underscore denotes new language
02/05/02
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
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Condensed Title:
Setting of Public Hearing - Ordinance Amendment for the protection of single family homes constructed
prior to 1942.
Issue:
The Administration is requesting that the Mayor and City Commission schedule a first reading on March
20, 2002, to consider a proposed Ordinance Amendment for the protection of single family homes
constructed prior to 1942.
Item Summary/Recommendation:
Adopt the resolution scheduling a first reading on March 20, 2002.
Advisory Board Recommendation:
On February 5, 2002 the Land Use and Development Committee recommended approval of a proposed
Ordinance Amendment creating procedures for the demolition of single family homes constructed prior to
1942
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM C 7 ?
DATE J.-a.().()d-.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM
SUBJECT:
Mayor David Dermer and DATE: February 20, 2002
Members of the City Commission
Jorge M. Gonzalez ~. A~'
City Manager () flv 0
Setting of Public Hearing - Single Family Demolition Procedures
TO:
FROM:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER 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, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 2,
"SINGLE FAMILY RESIDENTIAL DISTRICTS", BY CREATING
PROCEDURES FOR THE REVIEW OF DEMOLITION REQUESTS FOR
HISTORICALLY SIGNIFICANT SINGLE FAMILY HOMES CONSTRUCTED
PRIOR TO 1942 AND NOT LOCATED WITHIN A DESIGNATED HISTORIC
DISTRICT.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the resolution.
ANALYSIS
The Administration is requesting that the Mayor and City Commission schedule a first
reading public hearing on March 20, 2002, to consider an Ordinance Amendment
pertaining to the protection of single family homes constructed prior to 1942.
At the September 5, 2001 meeting, the City Commission directed the Administration to
prepare an Ordinance that would establish interim procedures for the protection of single
family homes within the City. Additionally, the City Commission requested that historic
designation proceedings for certain single family homes commence.
On October 17, 2001 the City Commission approved the proposed Interim Procedures
Ordinance on First Reading. On November 28, 2001, the City Commission held the
second reading of the proposed ordinance. At the conclusion of the public testimony, the
February 20, 2002
Commission Memorandum
Setting of Public Hearing; Demolition Procedures Ordinance - Single Family Homes.
Page 20f3
Commission began to propose a series of amendments to the ordinance. It was decided
at that time to forward the proposed modifications to the Land Use and Development
Committee (LUDC) for discussion.
On December 17, 2001, the LUDC considered the proposed modifications to the Interim
Procedures Ordinance. After much discussion, the Committee voted to recommend
approval of the ordinance as modified. The following were the major changes incorporated
into the Interim Procedures Ordinance since second reading; such changes were reviewed
and approved by the LUDC:
. The interim procedures for demolitions shall only apply to homes built through 1941
(pre VWJ II) as opposed to 1950.
. The interim procedures will only be in place for a maximum ofthree months. Originally,
the proposed ordinance covered a period of six months. The interim procedures would
be applicable city wide as originally proposed.
. A process for staff level review for total demolition was created. The original version of
the ordinance required all total demolitions to be reviewed by the Historic Preservation
Board. Additionally, a provision has been added that will allow for the approval for total
demolition if the Building Official determines (1) that the home is structurally unsafe, or
(2) that the cost of the renovation of the home exceeds 50% of the value determination
of the structure, and the property is ordered to meet minimum flood elevation
requirements.
. The review of demolition to accommodate additions or modifications of the exterior of
homes was substantially simplified.
. Appeals of staff decisions and determinations under this ordinance shall be to the-
Historic Preservation Board.
The LUDC accepted that there is a public benefit in creating a procedure that creates a
level of review for the demolition of single family homes that possess a recognizable level
of architectural significance. They expressed that this process would best be served if it
were kept at an administrative level as opposed to a formal Board review. The Committee
also instructed the Administration to move as quickly as possible in preparing a final
version of this procedure.
On December 19, 2001 the City Commission adopted the interim procedures regarding the
demolition of single family homes, for a period of three (3) months, in accordance with the
recommendations of the LUDC. The Administration was instructed to come back before the
City Commission within three (3) months with a more comprehensive set of procedures to
deal with the demolition of significant single family homes, in the form of amendments to
the City Code.
On February 5, 2002 the Land Use and Development Committee reviewed the proposed
Ordinance Amendment for the protection of single family homes constructed prior to
1942. Attached, please find a preliminary draft of the Ordinance, for informational
purposes.
February 20, 2002
Commission Memorandum
Setting of Public Hearing; Demolition Procedures Ordinance - Single Family Homes.
Page 3 of 3
On February 12, 2002, the Historic Preservation Board will be reviewing and cor;nmenting
on the proposed Ordinance Amendment for the protection of single family homes
constructed prior to 1942. On February 19, 2002, the Design Review Board will be
reviewing and providing comments and feedback for such Ordinance.
On February 26, 2002, the Planning Board will be considering the proposed Ordinance
Amendment for the protection of single family homes constructed prior to 1942 for a
formal recommendation and transmittal to the City Commission.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt this resolution
scheduling a First Reading, Public Hearing on March 20,2002, to consider the proposed
Ordinance Amendment pertaining to the protection of single family homes constructed prior
to 1942.
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