2002-3361 ORD
ORDINANCE NO. 2002-3361
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 AND APPROVAL OF DEMOLITION
REQUESTS FOR ARCHITECTURALLY 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
WHEREAS, 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 for the public health, safety and
welfare, and to protect the architectural history of Miami Beach 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 and 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 ofthe 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 IT, "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-l, 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.
Prior to the apl'roval of a permit for partial or total demolition of a home constructed prior to
1942. the Planning Director. or designee. shall make a determination whether the home is
architecturally significant according to the following criteria:
a. The subiect structure is exemplary of a sPecific architectural style in the city
prior to 1942. including. but not limited to Vernacular. Mediterranean
Revival. Art Deco. Streamline. Post-War Modern. or variations thereof:
b. The exterior of the structure is recognizable as an example ofits style and/or
period; and
c. A significant exterior architectural characteristic. architectural feature or
detail of the subiect structure is substantially intact.
(1) An applicant may have a pre-application conference with the Planning Director. or
designee prior to the submission of an application to discuss any aspect of this
section. Such 'Ore-application conference and any statements by the Planning
Director. or designee. shall not create any waiver of or estoppel on the requirements
of. or any determination to be made. under this section.
(2) Total Demolition.
A building permit for the total demolition of any single family home constructed
prior to 1942 shall only be issued following the determination by the Planning
Director or designee that the subiect structure is not an architecturally significant
home. An application for such determination by the Planning Director or designee
shall be processed by the Planning Detlartment within five (5) business days of its
submission.
2
l
(3) Partial Demolition.
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 approval by the Plannin~ Director. or
designee. An application for such approval shall be processed by the Planning
Department within five (5) business days of its submission.
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. according to the
following criteria:
1. Demolition of the front facade or architecturally significant portions of a
building or structure shall be permitted. 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 ofthe
structure shall be permitted. provided such demolition does not compromise
its overall original design integrity.
3. Demolition associated with facade and building restorations shall be
permitted. which are consistent with historic documentation.
4. The l'roposed alterations or addition are compatible with the as-built scale
and character of similar surrounding properties.
5. The general design. scale. massing. arrangement. texture. material and color
ofthe proposed alterations or addition are compatible with the as-built scale
and character of similar surrounding properties.
6. Permitted demolition shall not adversely affect the original architectural
design of the subiect structure or any subsequent modifications that have
acauired architectural significance.
7. The proposed alterations or addition shall be designed. sited and massed in a
manner that is sensitive to and compatible with the existing structure.
(4) Issuance of Demolition Permits.
~. Emergency Demolition Orders.
This Section shall not supercede 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.
3
b. Minimum Flood Elevation Determination
1. The determination by the Building Official that an application for
demolition of an architecturally significant home arising from the
inability to meet minimum flood elevation requirements shall be
based upon the review of the following required documentation:
a. a full set of floor plans and elevation drawings. prepared by
a Florida Registered Architect. depicting the renovation or
rehabilitation:
b. a full appraisal of the existing structure. prepared by a
Qualified licensed real-estate appraiser and satisfying the
standards of the Building Official: and
c. a construction estimate from a Contractor licensed in the
State of Florida.
2. If the Building Official determines that proposed renovations to an
architecturally significant home will require the property owner to
meet minimum flood elevation requirements. the property owner
shall meet with the SFRRB to review the proposed renovations.
Such review shall be a pre-condition to the property owner's filing
of an application for demolition of the home. The SFRRB shall
explore with the property owner reasonable alternatives such as. but
not limited to. reducing the cost of renovations. minimizing the
impact of meeting flood elevation requirements. and designating the
property as a historic site. An application for demolition of such.
home cannot be approved by the Building Official without the prior
review of the SFRRB. The SFRRB shall not have authority to deny
an application for demolition.
3. A demolition permit arising from the inability to meet flood
elevation requirements. for the total demolition of an architecturally
significant single family home constructed prior to 1942. shall not
be issued unless a Full Building Permit for new construction has
been issued.
(5) The following shall not require determinations ofthe Planning Director or designee
under this section: interior demolitions including plumbing. electrical and
mechanical systems. renovations to the exterior of non-architecturally significant
structures. or non-architecturally significant portions of a structure. provided they
have. no adverse impact upon the structural integrity of the building or the original
4
architectural design of the exterior. features and details.
(6) In the event the Planning Director. or designee. declines to approve a demolition
request under this Section for any reason. the applicant may seek review by the
Single Family Residential Review Board (SFRRB). composed of one (1 ) member
each from the Planning Board. the Design Review Board and the Historic
Preservation Board. Each of these Boards shall appoint two (2) members to the
SFRRB. to serve on a rotating or as available basis.
Each board shall determine the term and duration of its appointments. In the event
the al'pointed members to the SFRRB 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. The quorum for the SFRRB shall be all three (3) members
and a simple majority will be necessary to approve any application. The Planning
Department shall provide staff support to the SFRRB and the City Attorney's office
shall provide legal counsel.
The SFRRB shall have regularly scheduled meetings on a bi-weekly basis. or as
needed~ such hearings shall occur after 5 :00 pm. All applications for review by the
SFRRB must be filed with the Planning Department. Hearings before the SFRRB
shall be noticed by posting the property that is the subiect of the hearing. and a
published notice. no less than five (5) calendar days of the hearing date. The
hearing before the SFRRB shall be de novo. An appeal of any decision of the
SFRRB shall be to a Special Master appointed by the City Commission. in
accordance with the procedures set forth in section 118-537(b) of these Land
Development Regulations. Thereafter review shall be by certiorari to the Circuit
Court.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission ofthe City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part ofthe 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.
5
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days foll
PASSED AND ADOPTED this 10th day f
2002.
ATTEST:
~rp~
CITY CLERK
Ordinance No. 2002~3361
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Date
04/25/02
F:\PLAN\$HPB\SFDEMOPROCEDURESORDINANCE-FINAL.DOC
Underscore. denotes new language
6
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lQ
Condensed Title:
Second Reading Public Hearing - Ordinance Amendment for the demolition procedures for single-family
homes.
Issue:
Should the Mayor and City Commission create regulations that deal with the review of demolition of I
architecturally significant single-family homes constructed prior to 1942?
Item Summary/Recommendation:
Adopt the Ordinance on second reading, public hearing on April 10, 2002.
Advisory Board Recommendation:
On February 5, 2002, the Land Use and Development Committee approved a motion (3-0) recommending
approval of a proposed Ordinance Amendment creating procedures for the demolition of single-family
homes constructed prior to 1942.
On February 12, 2001, the Historic Preservation Board unanimously approved a motion (7 to 0) supporting
the proposed Ordinance Amendment for the protection of single-family homes constructed prior to 1962.
On February 19, 2002, the Design Review Board discussed the proposed ordinances, but decided not to
take formal action.
On March 6, 2002, the Planning Board approved a motion (6-0) transmitting a recommendation for approval
to the City Commission ofthe proposed Ordinance amendment, as modified during the meeting, to include
single-family homes constructed prior to 1962.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM _R 53"""
DATE q-Io-o)..
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fI.us
CITY OF MIAMI BEACH
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members Of The City Commission
Date: April 1 0, 2002
Jorge M. Gonzalez \, ~~
City Manager 0'" 0
SECOND READING
PUBLIC HEARING
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 ARCHICTECTURALL Y
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.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
OVERVIEW
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. 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 public hearing for
the proposed Interim Procedures Ordinance. At the conclusion of the public testimony, the
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 with modifications. The following were the major changes
incorporated into the Interim Procedures Ordinance since second reading; such changes
were reviewed and approved by the LUDC:
April 10, 2002
Commission Memorandum
Demolition Pocedures Ordinance - Single Family Homes.
Page 2 of 7
. The interim procedures for demolitions shall only apply to homes built through 1941
(pre WW II) as opposed to 1950.
. The interim procedures will only be in place for a maximum of three 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 posses 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
comprehensive ordinance for 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 Land Use and Development Committee. 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 architecturally significant
single family homes, in the form of amendments to the City Code. Following the adoption
of the interim procedures, the Planning Department has reviewed a total of 14 applications:
nine for total demolition, of which 5 were denied, and 5 for partial demolitions, all of which
were approved.
Subsequent to the December 19, 2001 City Commission meeting, the Planning
Department began to prepare a comprehensive Ordinance to establish demolition
procedures for single family homes not located within a designated historic district or
historic site. The Planning Department met with interested parties from the professional
real estate and development communities for their input.
April 1 0, 2002
Commission Memorandum
Demolition Pocedures Ordinance - Single Family Homes.
Page 3 of 7
The first draft of the proposed Ordinance was based upon the Interim Procedures
adopted by the City Commission, as well as previous feedback from the City Commission.
On February 5, 2002 the proposed Ordinance was presented to the Land Use and
Development Committee. The Land Use and Development Committee reviewed and
endorsed the proposed Ordinance Amendment establishing demolition procedures for
single family homes. Such Ordinance incorporates the following additions and changes
from the Interim Procedures:
1. The proposed Ordinance has been established within the single family homes section
of the Code and will only be applicable to those homes constructed prior to 1942.
2. A more defined procedure for the review of partial demolition requests has been
established which sets specific parameters for those portions of a home that may fall
under the review of staff. Specific criteria for the review of partial demolition requests
have also been established.
3. The proposed Ordinance may not supercede the actions and requirements of the
Building Official, under the applicable Building Code.
4. A three (3) person Single Family Residential Review Board (SFRRB), composed of
one appointee from the Historic Preservation, Design Review and Planning Boards,
has been established to consider those demolition requests which cannot be
approved at the administrative level.
On February 12, 2002, the Historic Preservation Board reviewed the proposed Ordinance
Amendment establishing demolition procedures for single family homes. The Historic
Preservation Board endorsed the proposed Ordinance by a 6-1 vote and recommended
the following modifications:
1. The timeframe for determining initial evaluation was moved forward from 1942 to 1962
in order to afford adequate protection to significant Post-War (MiMo) single family
architecture.
2. Any demolition permit for the total or partial demolition of an existing single family
home constructed prior to 1962 shall be conditioned upon obtaining a Full Building
Permit for new and/or replacement construction.
3. The establishment of regularly scheduled meetings for the proposed Single Family
Residential Review Board on a bi-weekly basis, or as needed.
4. Relative to applicable minimum flood elevation requirements, the Single Family
Residential Review Board may require that a single family home be raised to meet
minimum flood elevation requirements or that the property owner be required to
pursue designation of the subject property as an historic site, in order to seek a waiver
April 1 0, 2002
Commission Memorandum
Demolition Pocedures Ordinance - Single Family Homes.
Page 4 of 7
of the minimum flood elevation requirements from the Flood Plain Management
Board.
On February 19, 2002 the Design Review Board reviewed the ordinance as originally
proposed and modified by the Historic Preservation Board. However, after discussing the
proposed ordinances, the Board took no formal action.
On March 6, 2002, the Planning Board considered the proposed Ordinance Amendment
establishing demolition procedures for architecturally significant single family homes for
a formal recommendation and transmittal to the City Commission. The Planning Board
recommended by a 6-0 (one member absent) that the ordinance be approved as
modified; the modifications include the following:
. Established criteria for the Planning Director or designee to make a determination
whether the home is architecturally significant.
. Incorporated the Historic Preservation Board's recommendations #1 and #3 above
into the proposed ordinance; these deal with the year of review (1962 as opposed to
1942). They also incorporate a modified version of recommendation #2 which
requires that a full building permit for new construction be issued prior to the issuance
of a demolition permit arising from the inability to meet minimum flood elevation
requirements, and the frequency of the SFRRB scheduled meetings.
. Language was added to clarify that an applicant may have a pre-application
conference with the Planning Director or designee prior to the submission of an
application, but that the conference and any statements made by the Planning
Director or designee would not create any estoppel on the requirements, or any
determination to be made under that section.
. Established criteria so that the review of partial demolition applications be limited to the
actual portion of the structure that is proposed to be modified, demolished or altered
for those homes built prior to 1962 that are architecturally significant.
. A new section is included to safeguard the jurisdiction of the Building Official with
regard to issuing emergency demolition orders for unsafe structures.
. New language was added to create guidelines for the review by the Building Official
to determine that an application for demolition is arising from the inability to meet the
minimum flood elevation requirements. A process is established which addresses the
concerns, and respects the authority of the Building Official under the Florida Building
Code. This process also requires the concurrence of the SFRRB prior to the Building
Official issuing a demolition permit, and allows an opportunity for the exploration of
alternative solutions to demolition through the Single Family Residential Review
Board.
April 10, 2002
Commission Memorandum
Demolition Pocedures Ordinance - Single Family Homes.
Page 5 of 7
On March 6, 2002 the City Commission approved the Planning Board version of the
proposed Ordinance, and set the cut-off date for the review of architecturally significant
single family homes at 1942, as opposed to 1962. The Commission also adopted minor
text changes, which have been adopted in the final version of the Ordinance.
ANALYSIS
The Administration believes that the concept and policy of retaining and preserving
architecturally significant single family homes is in the best interest of the City. In this
regard, Miami Beach has a rich legacy of significant single family architecture that cannot
be replicated, nor appropriately replaced. The significance of this architectures lies not
only in the exterior style and ornamental detail, but also in the siting, location, scale
massing and context of the existing structures.
Specifically, most single family homes constructed prior to 1962, which have not been
substantially altered, were designed and massed in a lower human scale, befitting a
sidewalk oriented community. These homes did not overwhelm a site, but rather
complimented and enhanced it. Further, the architectural detailing and styling of the
homes were very unique to South Florida, as well as the low scale context of the massing
and scale of the structure, and its surroundings.
Indeed the early single family homes on Miami Beach are similar to the early multi-family
structures that comprise the heart and soul of the Flamingo Park local historic district. Up
until the late 1970s the group context and architectural character of the Art-Deco and
Mediterranean Revival structures in the Flamingo Park District was never fully noticed or
appreciated. Only when the creation of a comprehensive district succeeded (beyond most
people's expectations) did the concept of preservation make sense to residents, property
owners and policy makers.
While the single family homes in the City share this architectural connection, one
substantial difference lies in the fact that a single family home is the personal domain of
its owner and will likely only be experienced in a meaningful way by its single owner. This
distinction is relevant because the preservation of multi-family and commercial structures
generate economic benefits that subsidize the costs associated with restoration and
maintenance.
With single family homes, no such commercial income is available to the owner. This is
an important point in light of the significance of the requirements associated with the
restoration of older single family homes, particularly as they relate to minimum building
code standards for wind loads and minimum flood plain elevation.
The ordinance proposed by the Land Use and Development Committee addresses this
particular issue by not allowing any portion of the Demolition Procedures Ordinance to
supercede the requirements of the applicable Building Code. In this regard, it would have
the effect of allowing the demolition of single family homes if the Building Official
I
April 10, 2002
Commission Memorandum
Demolition Pocedures Ordinance - Single Family Homes.
Page 6 of 7
determined that a restoration or rehabilitation would require that the existing structure
meet the minimum flood elevation.
However, this section of the proposed ordinance creates a condition that allows an owner
of a historically significant single-family home to have drawings created that artificially
modify the renovations to ensure that the threshold that would require the house to meet
minimum flood elevation is exceeded. Since very few homes constructed prior to 1962
are below minimum flood elevation, the applicant would then have the option to demolish
without any further review or consideration from the proposed ordinance. This perceived
"loophole" was discussed by the Commission during the hearing on the interim
procedures and identified as a concern.
The Historic Preservation Board option of the ordinance recommends that homes
determined to be architecturally significant, which are below minimum flood elevation,
either be raised or designated as an historic site in order to seek a waiver from the Flood
Plain Management Board. Only properties that are designated as an historic site, or are
located within a designated historic district, are eligible for consideration for a waiver from
the Flood Plain Management Board.
In order to address this sizable "loophole" without placing a hardship on an individual
property owner, the Administration would still suggest that the Planning Board version of
the proposed Ordinance be adopted. This version of the Ordinance would permit the
demolition of a single-family home as an option, in the event a proposed restoration
results in a determination that the home must meet the minimum flood elevation
requirements. However, the requirements pertaining to the submission architectural
plans, as modified by the Commission, as well as a public meeting before the Single
Family Residential Review Board, will allow for other options to be explored and should
help prevent property speculation.
This is an extremely important policy decision which is at the crux of the proposed
Ordinance because it will dictate, for all practical purposes, whether single family homes
will be preserved in the City or not. At the previous City Commission meeting on March
20, 2002, this matter was not resolved and it was unclear as to whether there was
consensus from the Commission members relative to this issue.
With regard to the single family development regulations, the Planning Department has
finalized the proposed amendments to the Land Development Regulations of the City
Code, in order to address areas of concern such as maximum building area, setbacks and
maximum lot coverage. This Ordinance would also restrict the maximum height and the
number of stories permitted for a single family home as a function of the lot width. In
addition, it clarifies the height regulation exceptions for single-family districts for features
such as chimneys and air vents, spires, domes and ornamental structures. New language
would be added requiring a larger percentage of landscaped areas and the inclusion of a
landscape plan when submitting for a building permit.
April 10, 2002
Commission Memorandum
Demolition Pocedures Ordinance - Single Family Homes.
Page 7 of 7
In addition, the proposed amendments would address the accessory buildings including
the permitted uses for the accessory structures and the height restriction for these
structures not to exceed 15 feet. The amendments also address driveways and parking
spaces on the front yard, clarifying driveway widths.
The Planning Department had a community workshop on February 25, 2002 in order to
elicit comments from homeowners, realtors, developers and the construction industry. The
Planning Board held a discussion of the proposed ordinance during a public meeting on
March 6, 2002.
On March 26, 2002 the Planning Board considered the proposed Ordinance Amendment
modifying the single family development regulations for a formal recommendation and
transmittal to the City Commission. The Planning Board continued action on the proposed
ordinance to May 28, 2002, in order to address concerns and issues raised by
homeowners associations and developers.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment establishing demolition procedures for single family homes.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall
be necessa~rder to enact any amendments to the Land Development Regulations.
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that pUblic hearings will be held by the Mayor and City CommiS$ion of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, April 10, 2002, at the
times listed below, to consider the following:
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AN ORDINANCE AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; INCREASING ON THE FIRST PAY
PERIOD STARTING MAY 1, 2002, THE MINIMUM OF THE RANGES BY 4% AND THE MAXIMUM OF THE RANGES BY 4.755%; PROVIDING FOR A i
REPEALER, SEVERABIUTY, WECTlVE pATE AND CODIACATION. I:
at 10:16 a.m.: . ~
AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSIAED EMPLOYEES SALARY ORDINANCE, FOR CLASSIFICATIONS -IN GROUP VI \
BEING OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT; INCREASING ON THE FIRST PAY PERIOD I
STARTING MAY 1, 2002, THE MINIMUM OF THE RANGES BY 4% AND THE MAXIMUM OF THE RANGES BY 4.755%, TO REFLECT THE CURRENT ~
CLASS!ACATlON AND PAY SYSTEM; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE AND CODIFICATION.,
at 10:17 a.m. . " ' - . J
AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODe ENTITLED "ADMINISTRATION" BY AMENDING ARTICLE III THEREOF ~
ENTITLED "AGENCIES, BOARDS, AND COMMITTEES"; BY"AMENDlNGDMSION 9 THEREOF ENTITLED "HEALTH ADVISORY COMMITTEE"; BY ~
AMENDING SECTION 2-81 (D) ENTITLED "COMPOSITION: BY AMENDING THE MEMBERSHIP OF THE BOARD TO ELIMINATE A MEMBER FROM :~
THE MIAMI HEART INSTITUTE AND ADDING AN ADDITIONAL BOARD MEMBER WHICH MAY BE A REPRESENTATIVE FROM AN ASSISTED LIVING (
FACIUTY; PROVIDING FOR REPEALER; CODIACATlON; SEVERABILITY, AND AN EFFECTIVE DATE. :
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Inquiries may be directed to the Human Resources Department at (305) 673-7524.
at 1&.50 a.m.
AN ORDINANCE AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTiTlED "PUBLIC PROPERTY" BY AMENQING SECTION 82-412
THEREOF ENTITLED "POSTING OF SIGNS ON UTILITY COMPANY PROPERTY OR PUBLIC PROPERty PROHIBITED; ENFORCEMENT; ANES;
APPEAL"; BY AMENDING SUBSECTION (A) AND (F) THEREOF TO PROVIDE FOR THE ENFORCEMENT OF AND PENALTIES FOR ILLEGAL SIGNS IN
THE RIGHT-OF-WAY AFAXED OR SECURED; PROVIDING FOR CODIFICATION, REPEALER, SEVERABIUTY, AND AN EFFECTIVE DATE.
InqUiries may be directed to the Neighborhood Services Department at (305) 673-7077.
. at3:30 p.m.: , ~
AN ORDINANCE AMENDING CHAPTER 14 OF THE MIAMI I BEACH CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING CHAPTER!
14 TO PROVIDE FOR A PART I WHICH WILL CONTAIN THE CURRENT CONSTRUCTION STANDARDS AND BY MAKING THE CURRENT ~\
CONSTRUCTION STANDARDS APPLICABLE TO PERMITS APPLIED FOR BEFORE MARCH " 2002; BY CREATING A PART II TO CHAPTER .14 .'
WHICH WILL ADOPT THE FLORIDA BUILDING CODE A. NO PROVIDE FOR CONSTRUCTION STANDARDS TO BE APPLICABLE TO PERMITS APPLIED '.'.".
FOR ON OR AFTER MARCH 1,2002; AND BY AMENDING THE FEE SCHEDULE SET FORTH IN APPENDIX A TO THE CITY CODE TO PROVIDE FEES !
AND CHARGES FOR PART.II T~ CHAPTER 14; PROVIDING FOR A REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ,\
_ . i
Inquiries may be directed to the Building Departmilnt at (305) 673-7610. .' i/
'i
;
at 5:05 p.m.: -. ~
AN ORDINANCE 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", DMSION 2, "SINGLE FAMILY RESIDENTIAL OISTRICTS,"
BY CREATING PROCEDURES FOR THE REView AND APPROVAL OF DEMOLITION REQUESTS FOR ARCHITECTURALLY SIGNIFICANT SINGLE .
FAMILY HOMES CONSTRUCTED PRIOR TO 1962 AND NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. -
Inquiries may be directed to the Planning Department at (305) 673-7550.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed
to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these .
ordinances are available for publiC Inspection during normal buSiness hours In. the City Clerk's Office: 1700 Convention Center Drive, 1 st '
Floor, City Hall, Miami Beach, Florlda-33139. This meeting may be continued and under such circumstances additional legal notice would not '
be provided. -
Robert E. Parcher, City Clerk
-City of Miami Beach
,
Pursuant to Section 286.0105, Aa. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City (
Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the!
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not ;
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorizet
challenges or appealsnot ~therwise allo'!\le~ by law.. , I . ,'. , . .". ". , .
. ... ~ .'.. ~ ' . - . I I
In: a~cor<<lanclll WIth&.e ~m'rioans-witl>> Disab~!1Ies .Mt:Ot ~ ~90;. p~rs&;,s.lOeedipg s,eoial ac601Jl"'~atIonstoJ partlclp'k~~1I U11~ procee~
should contactthe City Clerk's Office no later than four days prior to the proceeding, telephone {305} 673-7411 for assistance; If heaQllQ ;
impaired, telephone the Florida Relay Service niJlfitrerS, I (8001' 955-8771 (TOO) or (800) 955-8770 (,VOICE), for assistan~e.
AdJ0091 ~.~..~ .........._._.._..."'-......._-..................<...~.'~..- ..1'tl"l1'........."'......-.....--.........."'.-
~
Planning Board Recommendation
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 142, ARTICLE 2, DIVISION 8, "GC GOLF COURSE
DISTRICT" OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING SECTION 142-392, "MAIN
PERMITTED USES," TO INCLUDE ADDITIONAL MAIN
PERMITTED USES; AMENDING SECTION 142-395,
"DEVELOPMENT REGULATIONS," TO REVISE PERMITTED
HEIGHT, TO REVISE NUMBER OF STORIES, TO INCLUDE A
FLOOR AREA RATIO RESTRICTION, TO INCLUDE FENCE
REQUIREMENTS, AND TO ADD HOURS OF OPERATION FOR
GARBAGE AND TRASH PICK UP; AMENDING 142-396,
"SETBACK REQUIREMENTS," TO REVISE SETBACK
REQUIREMENTS AND TO INCLUDE SETBACK
REQUIREMENTS FOR AN AT-GRADE PARKING LOT,
STORAGE FACILITIES AND DUMPING SITES; AND TO
INCLUDE NOISE REGULATIONS; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, Chapter 142, Article 2, Division 8, of the land development
regulations of the Code of the City of Miami Beach contains various provisions
regulating golf courses on private property; and
WHEREAS, the owner of the La Gorce Golf Course is requesting that the regulations
affecting the GC, Golf Course district, which is the only property within that district, be amended;
and
WHEREAS, it is necessary to review, modify, and expand the regulations of
golf courses on private property from time to time and adapt those regulations to
changing needs.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-392 ''Main permitted uses" of the Code of the
City of Miami Beach, Florida is hereby amended as follows:
Section 142-392. Main permitted uses.
The main permitted uses in the GC golf course district are golf courses, tennis
courts, clubhouses, and those uses normally associated with a golf course, provided that
all such uses are under a unified ownership and operation.
For purposes of this section. clubhouse shall mean one or ore buildings owned
and operated by a private golf club that house administrative offices. fitness rooms.
locker rooms. lounges. restaurants. banquet facilities. pro shops ad/or other facilities
designed for the use of the club's members and their guests. A clubhouse building shall
be utilized primarily for the benefit of the private golf club's members and its facilities
shall not be rented. leased or made available to the general public.
SECTION 2. That Section 142-395, "Development Regulations," is hereby amended
as follows:
Sec. 142-395. Development regulations.
There are no floor area ratio, lot area, lot width, unit area or unit size requirements
in the GC Zoning District. Building height, story, and floor area ratio requirements are as
follows:
1. Maximum Building Height is 42 feet. excewt that 1400 square feet of the
flootprint of the clubhouse may exceed 42 feet up to 50 feet with the
location of the added height to be generally at the center of the clubhouse.
inclusive of all allowed extensions. parapets and similar design elements.
2. Maximum Number of Stories ~ 2.
3. Maximum Floor Area Ratio is .015.
4. Any buffering material located behind any single-family residence shall be
of living plant material. shall not be fenced in and such living plant
material shall not exceed five feet in height.
SECTION 3. That Section 142-396, "Setback requirements," of the Code of the City of
Miami Beach, Florida is hereby amended as follows:
Sec. 142-396. Setback requirements.
The setback requirements in the GC golf course district are as follows:
(1) Any yard adjacent to a public right-of-way: 170 feet. 200 feet. excewt
for at-grade parking lots.
2
(2) }..11 other yams: W Yards abutting single family homes: 100 feet from
the rear property line of any single-family residence abutting the golf
course property. There shall be no structures. including restroom
facilities or rest stations. new parking lots or roads. excluding golf cart
paths. within this setback area. except that the existing comfort station
within this buffer zone may remain and may be re-constructed.
r~aired and/or rehabilitated. Any new structures that may proposed in
the future. including but not limited to. restroom facilities. or comfort
stations shall be setback 100 feet from the rear yards of residential
homes abutting the golf course property and shall not exceed 2.000
SQuare feet.
The aggregate of any new accessory structures that may be proposed
in the future and which are not adjacent to the clubhouse area. shall not
exceed 20.000 square feet.
All other yards: The setback shall be 170 feet from the rear t>roperty
line of any abutting single family home. Any and all storage facilities.
dumping sites. waste service facility and fuel storage tanks shall be
located at a site within the principal maintenance area. or another site
central to the golf course. screened from surrounding residential
properties. in a location and manner to be reviewed and approved by
the Design Review Board.
(3) Existing at-grade parking lots: fifty (50) feet from the rear lot line and
ten feet from the side lot line of any abutting single family home.
except that parking lots existing as of the effective date of this
ordinance. shall be set back ten (10) feet from a public rights-of-way
and from adjacent t>roperties. The desilpl of the parking lot shall be
reviewed in accordance with the regulations set forth in Sections 130-
61 through 130-67.
(4) Garbage and trash (garden debris) pick up shall occur between the
hours of9:00 a.m. and 5:00 p.m.. Monday through Satruday only.
SECTION 4. That Section 142.396.1, ''Noise Regulations," of the Code of the City of
Miami Beach, Florida is hereby added as follows:
Section 142-396.1. Noise Ree:ulations.
At all times. all noise emanating from the clubhouse or accessory structures that is
unreasonably loud shall be contained within the property lines of the golf course
property. An unreasonably loud noise is defined as a noise that is plainly audible and
which interferes with normal conversation.
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith are hereby repealed.
SECTION 7. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH.
FLORIDA.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
SECTION 8. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this
day of
2002.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE & FOR EXECUTION
~
City Attorney
1,.. '). - () v
Date
F:\PLAN\$PLB\2002\FEBRUARY\1536 pb ordinance.doc
4
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CITY 'OF MIAMI BEACH "
- -
NOTICE OF PUBLIC HEARINGS
-
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the city of Miami
Beach, Florida, in the Commission' Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami' Beach,
Florida, 'on Wednesday, AprlI1~,2002; at the tl,,!es listed below, to consider the following on first reading: '
at 4:00 p.m.:', , . ' . . . '. ", "
,AN ORDINANCE OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF: MIAMI BEACH, FLORIDA,
AMENDING THE CODE OFTHE CITY OFMIAMI BEACH, FLORIDA, BY'AMENDING CHAPTER 142; ~ZONING
DISTRICTS AND REGULATIONS,~ARTICLE'I, "DISTRICT REGULATIONS,. DIVISION 18, upS PERFORMANCE
STANDARD DISTRICT," 'BYMODIFYING THE HEIGHT AND NUMBER OF STO!1IES IN, THE CopS .zONING
DISTRICTS FOR RESIDENTIAL AND HOTEL DEVELOPMENT; PROVIDING FOR CODIFICATION,REPEALER"
SEVERABILITY AND AN EFFECTIVE DATE. < _ '
Inquiries may be directed to .the Planning Department at (305) 673-7550.
'j:"
-*1~5~~.I~~NCE~; THE' MAYOR AND CIl.y'C~MM!SSION O~THE CI~~F'MI~MrBEACti, fU)~ID~.',
AMENDING CHAPTER 142, ARTICLE 2, DIVISION 8, "GC GOLFCOURSEDISTRICT"OFTHE'CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING SECTION 142-392, "MAIN PE!1MITTED USES,"TO INCLUDE
ADDITIONAL MAIN PERMITTED USES; AMENDING SECTION 142-395, "DEVELOPMENT ReGULAtlo~S,"TO
REVISE PER'MITTED HEIGHT AND TO INCLUDE A FLOOR AREA RATIO RESTRICTION; AMENDING 142-396,
'SETBACK REQUIREMENTS," TO REVISE SETBACK REQUIREMENTS A,ND TOINCLuDE - SETBACK,
REQUIREMENTS FOR AN AT-GRADE PARKiNG LOT, STORAGE FACILITIES AND DUMPINGSITES; AND,TO
INCLUDE NOISE REGULATiONS; PROVIDIN~.FOR INCLUSION IN THE CODE Of THE CITY OF MIAMI
BEACH,.FLORIDA; REPEALER; SEVERABILlTY;~NO~N EFFECTIVE DATE. -
. ,. - '. .
Inquiries may bedirectedto the Planning Department"at (305).673-7550. ".. :'
,"". . ,'~ . '-"--,'&:, , ,.'4 , .~.;, -'<;_., , _, , ,'. ..1, ,~~}t.~'
ALL INTERESTED PARTIES ,'are invited to appear at thisll1eeting, or tie represented by an agent;,Or to-elCpreSs .
. their views In writing. addressed to the City Commission; c/o the City Clerk, 1700 Conl(Elntion ,Center DrMi, 1 st '
Floor, City Hall, Miami Beach,Flqrida 33139. Copies pf these oi-dinances are available for p.ubllclnspection,during ,
normal business hours in' the ,City Clerk's Office, .1700 Go.nventioD .Center Drive, 1 stF,locir, .city Hall, Miall11' Beach,
Florida 3313~.This meeting maybe ~q"Ji,l!ued and under_~uch circumstances additiollallegal n~i.~!w9!lkt!l9t b~ .
provided. " . ". c ...:',,:' .' '.. '. . .. ..' .:".. . c ,.' .' '",' ',',,' ,.:;;;'~'-::.~;>..,.
,'- ,. " . '.' """Rob$itE~Parch~'"City9Ierk'
, ~' '>', , '-- .' "., "'CItY of Miami BeaCtf
". <~;. ".'. ' r" -. "~7:.'~.. ':._,,_,~._'-..'~,.~.:',~ . ~-._':~'--;.,.,.~'..+~;,::,-:;~- _" ..,.::_~--?-:f..~:52;;~~~::t)70;,:1i~~tj~~
Pursuant to SeCtion 286.Cl105,' Fla.Stat.;the'CitY herebY'adviSesthe publiC f1iElt: if a person deciciestoitpP8!l1 any
'decision made by the City Commission with respect to any matter cOnsidered at its meeting oi'1ts heaiing;'''such ·
", persorr must ensure that a: . verbatim record 'of the proceedings is made, which teeordincludes thet~tim!>ny' and
'evidenCe upon which the appeal is to be basec,t: This notice does not constitute consent by the 9it)': for the
,Introduction or a~.mission :01 otherwise inadmiSsible or. irrelevant evidence, nor does It 4uthQrizech~lIenges or
appeals not otherwise allowed bY law. ' . ",,,-':i.,'''7:~;''''
. _ _' ,,'.:. '_ _, ", . ~.~. .~.,.-,-,_,.J'c~'.~_:_:;.:,:-.~:;_.t"'-:_'_"':"-".~
In' accordance with the Americans with' Disabilities Act of 1990, persons needi'ng sp~ciaf'accioriimOdatlon:' to
participate in this proceeding sh~uld contac;tthe CitY Clerk's office rio.later'than four days prior to the proceeding,
telephone (305) 673-7411 for assistanee;'if hearing impaired, telephone the Florida Relay Service numbers, (800)
955-8n1 (TOD) or (800) 955-anO (VO!CE), for-assistance; 'c, . , ,--:' ", '" .'
-". . - -. . .' ,,". ,....._ 0,' -, , , .. "
. PLEASE Publish Thursday, Mar~h 28,2002 - DispiayAd "Miami Herald Beach Neighbqrs,
,(Ad#92) " -' .
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