LTC 125-2002
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CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 1;)-~.-JaJa
m
To:
From:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez \. - /
City Manager 0 ~
Revisions to Single Family Demolition Procedures
Date: May 10, 2002
Subject:
Recently, an architecturally significant single family home at 3080 North Bay Road, which
was constructed prior to 1942, was demolished without any approvals or permits from the
City. This demolition was done in complete violation of the Single Family Demolition
Procedures section of the City Code, as well as the Florida Building Code. It should be
noted that prior to the unauthorized demolition, the owner of the property, and
representatives for the owner, had begun the process for the review of the demolition of
the subject property. It is clear that they were aware of the new procedures enacted by the
City, as several discussions between City Staff and the owner's representatives had
occurred prior to the destruction of the home.
The owner of the subject property was brought before the Special Master for eight (8)
separate violations of the Code. At the May 6, 2002 hearing of the Special Master,
approximately $16,000.00 in fines were levied.
In order to reduce incidents of this type in the future, as well as better protect architecturally
significant single family homes from the total disregard of the review process, the
administration would recommend that the City Commission discuss an increase in the
maximum fines that can be levied by the Special Master. In this regard the administration
would caution against mandating a set dollar amount, but instead substantially increase
the maximum fine, and leave discretion to the Special Master relative to the final amount.
Such an increase in fines may require action by the State Legislature.
This is important because it is expected that not all single family home owners would
blatantly take a structure down without any approvals or permits, as in the above case. In
fact, a certain degree of discretion is needed so that a smaller home owner, who, for
example, may be the victim of an incompetent contractor, is not unfairly penalized.
In addition to substantially increasing fines for demolition without a permit, the
administration is recommending that Section 142-105 of the Land Development
Regulations, pertaining to demolition procedures for single family homes, be strengthened
to help prevent future acts of unauthorized demolition. Attached, please find proposed
revisions to the code, which are for discussion purposes; these proposed changes are
being sent to the Historic Preservation and Design Review Boards for their input, prior to
the Ordinance Amendment going before the Planning Board.
Page: 2
Date: May 10, 2002
LTC - Revisions to Single Family Demolition Procedures
The proposed changes to the code would create a review procedure for those properties
where a Single Family Home constructed before 1942 was demolished without prior
approval of the Planning Department, the Single Family Residential Review Board, or
without the required permits from the Building Official. In the event such demolition should
occur, the Design Review Board (ORB) would be required to review and approve all new
construction on the subject site, in accordance with the criteria listed in Section 118-251
of the Land Development Regulations.
The reason for such review going before the ORB, as opposed to the Single Family
Residential Review Board (SFRRB) or the Historic Preservation Board, is that the subject
properties are not located within an historic district. Further, the SFRRB currently does not
have any review criteria in place to review new construction. Because such criteria are
already in place for the ORB, it makes more sense to have the matter reviewed by that
board.
The proposed changes to the code would also allow the ORB, at their discretion, to limit
the overall square footage, building footprint, height and location of any new construction
to that which previously existed on site prior to the unpermitted demolition. The ORB would
also have the discretion to require that the demolished structure be replicated. This is an
extremely important requirement because it will make a property owner re-think the idea
of demolishing a structure without first obtaining all required approvals and permits.
The administration welcomes any further comments or suggestions relative to these
proposed code changes. On May 8th, 2002 the City Commission referred this matter to the
Planning Board; the Planning Department has placed the item on the May 28th Agenda of
the Planning Board.
JMG:~:~:;
F:\PLAN\$ALL\CM_RESP\SFDEMOREVISIONS.L TC.DOC
c: Christina Cuervo, Assistant City Manager
Murray Dubbin, City Attorney
Gary Held, First Assistant City Attorney
Bob Parcher, City Clerk
Phil Azan, Building Official
Jorge G. Gomez, Planning Director
William Cary, Director of Design, Preservation and Neighborhood Planning
Thomas R. Mooney, Design and Preservation Manager
SINGLE FAMILY DEMOLITION PROCEDURES
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 AMENDING SECTION 142-
105 TO ESTABLISH PROCEDURES FOR SINGLE FAMILY
HOMES DEMOLISHED WITHOUT REQUIRED PERMITS;
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 have 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 such
single family homes which have been demolished without required permits; 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
ofthe 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 n, "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 approval 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 subject 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 Modem, or variations thereof;
b. The exterior of the structure is recognizable as an example of its style and/or
period; and
c. A significant exterior architectural characteristic, architectural feature or
detail of the subject 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 pre-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 subject structure is not an architecturally significant home. An
application for such determination by the Planning Director or designee shall be
processed by the Planning Department within five (5) business days of its
submission.
(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 Planning Director, or
designee. An application for such approval shall be processed by the Planning
Department within five (5) business days of its submission.
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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 fa~ade 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 of the
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 proposed 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
of the 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 subject structure or any subsequent modifications that have
acquired 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.
a. 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.
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:
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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 the authority to
deny an application for demolition. Applicant, in good faith, agrees
to meet with, and cooperate with the SFRRB.
3. A demolition pennit 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 of the 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
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
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Preservation Board. Each of these Boards shall appoint two (2) members to the
SFRRB, all board members to serve on a rotating or as available basis.
Each board shall determine the term and duration of its appointments. In the event
the appointed members to the SFRRB are unavailable, the Chair of the respective
Board may serve in such capacity, or shall designate another member ofthe 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 subject 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.
(7) For those properties where a Single Family Home constructed before 1942 was
demolished without prior al'proval of the Planning Department, the Single Family
Residential Review Board. or without the required permits from the Building
Official. in addition to any other applicable law in this code or other codes, the
following shall apply prior to the issuance of any Building Permit for any new
construction on the subiect site:
a. The Design. Review Board shall have iurisdiction to review and approve all new
construction on the subiect site, in accordance with the Criteria listed in Section
118-251 of these Land Development Regulations.
b. Upon the finding that the demolition of an architecturally significant home was
willful without following the procedures of this section or without all required
permits. the Design. Review Board may, at their discretion, limit the overall
square footage. building footprint. height and location of any new construction
on the subiect site to that which previously existed on site prior to the
unpermitted demolition. or may require that the demolished home be replicated
to the greatest extent possible.
c. In the event the applicant endeavors to construct a new home on multiple,
combined lots. and one of the lots contained the subiect building demolished
without required permits and apt>roval. the Design. Review Board shall have full
review authority for the new construction on the entire site, including. but not
limited to. the overall square footage. building footprint. height and location of
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any new construction on the overall site being limited proportionally to that
which was the subject ofthe unpermitted demolition.
d. In the event a single family home constructed prior to 1942 is demolished without
prior approval ofthe Planning Department. the Single Family Residential Review
Board. or without the required permits from the Building Official. in addition to
any other applicable law in this code or other codes. the City shall document such
transgression. and the applicable requirements and procedures for any new
construction delineated herein. for recording as a covenant in the public records
of Miami-Dade County. which would run with the land.
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
05/10/02
F:IPLAN\$AllIDRAFT _OR\SFDEMOPROCEDURES-REVISED.DOC
Underscore denotes new language
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