Ordinance 2000-3253 ORDINANCE NO. 2000-3253
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 118, ARTICLE III, ENTITLED "AMENDMENT
PROCEDURES", BY AMENDING SECTION 118-169 TO CLARIFY AND
EXPAND THE REQUIREMENTS FOR EQUITABLE ESTOPPEL BY ADDING
CERTIFICATE OF APPROPRIATENESS TO THE LIST OF DEVELOPMENT
APPROVALS THAT QUALIFY FOR EQUITABLE ESTOPPEL; PROVIDING
FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, projects under review by the City's Development Review Boards are
subject to amendments to applicable development regulations before, during and after
development approval; and
WHEREAS, the amendment procedures that affect development projects need to be
amended from time to time to address changes to the City's Development Review Boards; and
WHEREAS, the amendments set forth below are necessary to reflect the desired practice
and procedure of the City's Development Review Boards and the City Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 118, Article III, entitled "Amendment Procedures", of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 118-168. Proposed land development regulation amendments; application of equitable estoppel
to permits and approvals.
(a) Amendments to these land development regulations shall be enforced against all applications
and/or requests for project approval upon the earlier of the favorable recommendation by the
planning board or the applicable effective date of the land development regulation amendment, as
more particularly provided below. After submission of a completed application for a project
approval, to the extent a proposed amendment to these land development regulations would, upon
adoption, render the application nonconforming, then the following procedure shall apply to all
applications considered by the city or any appropriate city board:
(1) In the event the applicant:
a. Obtains (i) a design review approval, (ii) a certificate of appropriateness, (iii) a variance
approval where no design review approval or certificate of appropriateness is required, or(iv)a full
building permit as defined in section 114-1 where no design review approval, certificate of
appropriateness or variance approval is required; and
b. Satisfies subsection a., above, prior to a favorable recommendation by the planning board
with respect to any land development regulation amendment that is adopted by the city commission
within 90 days of the planning board's recommendation,
•
received a favorable determination that equitable estoppel applies and the subject land development
regulation amendment shall not be enforced against the application and/or project (hereinafter, a
"favorable determination"), except as otherwise provided in subsection (b), below. If at any time
before the expiration of the 90 days the proposed amendment fails before the city commission,then
the project shall no longer be deemed nonconforming.
(2) In the event the applicant:
a. Obtains (i) a design review approval, (ii) a certificate of appropriateness, (iii) a variance
approval where no design review approval or certificate of appropriateness is required, or(iii)a_v)
a full building permit as defined in section 114-1 where no design review approval, certificate of
appropriateness or variance approval is required; and
(5) For purposes of this subsection (a), all references to obtaining design review approval, a
certificate of appropriateness or variance approval, shall mean the meeting date at which the
respective board approved such application or approved such application with conditions. For
purposes of this subsection(a), "substantial amendment" shall mean an amendment or modification
(or a proposed amendment or modification) to an application, approval or permit which, in the
determination of the planning and zoning director, is sufficiently different from the original
application or request that the amendment would require the submission of a new application/request
for approval of same. All references to obtaining a building permit shall mean the date of issuance
of the permit.
* * *
Sec. 118-169. Proposed comprehensive plan amendments; application of equitable estoppel to
permits and approvals.
(a) Amendments to the city's comprehensive plan shall be enforced against all applications
and/or requests for project approval upon the earlier of the favorable recommendation by the
planning board or the applicable effective date of the comprehensive plan amendment, as more
particularly provided below. After submission of a completed application for a project approval,to
the extent a proposed amendment to the comprehensive plan would, upon adoption, render the
application nonconforming, then the following procedure shall apply to all applications considered
by the city or any appropriate city board:
(1) In the event the applicant:
a. Obtains (i) a design review approval, (ii) a certificate of appropriateness, (iii) a variance
approval where no design review approval or certificate of appropriateness is required,or(iv)a full
building permit as defined in section 114-1 where no design review approval, certificate of
appropriateness or variance approval is required; and
* * *
(2) In the event the applicant:
a. Obtains (i) a design review approval, (ii) a certificate of appropriateness, (iii) a variance
approval where no design review approval or certificate of appropriateness is required,or(iv)a full
building permit as defined in section 114-1 where no design review approval, certificate of
appropriateness or variance approval is required; and
(5) For purposes of this subsection (a), all references to obtaining design review approval, a
certificate of appropriateness or variance approval, shall mean the meeting date at which the
respective board approved such application or approved such application with conditions. For
purposes of this subsection(a), "substantial amendment" shall mean an amendment or modification
(or a proposed amendment or modification) to an application, approval or permit which, in the
determination of the planning and zoning director, is sufficiently different from the original
application or request that the amendment would require the submission of a new application/request
for approval of same. All references to obtaining a building permit shall mean the date of issuance
of the permit.
SECTION 2. INCLUSION 1N THE CITY CODE. 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 3. REPEALER. That 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 on the 22nd day of
July , 2000.
PASSED and ADOPTED this 12th day of July , 2000.
MAYOR
ATTEST:
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CITY CLERK
=new language APPROVED AS TO
Strikeout= deleted language FORM & LANGUAGE
F:\PLAN\$ALL\DRAFT_OR\169-ZIP.WPD & FOR EXECUTION
15 May 2000
1st reading 6/7/00 , )
2nd reading 7/12/00 Ii dd e ,S/(5/°)�
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. coo O
TO: Mayor Neisen O. Kasdin and DATE: July 12, 2000
Members of the City Commission
FROM Lawrence A. Levy Q
City Mana e, SECOND READING PUBLIC HEARING
1.I
SUBJECT: Ordinance- odifications to the Amendment Procedures Section of the Code
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 118,Article III,Entitled "Amendment
Procedures", by Amending Section 118-169 to Clarify and Expand the
Requirements for Equitable Estoppel by Adding Certificate of
Appropriateness to the List of Development Approvals That Qualify for
Equitable Estoppel; Providing for Inclusion in the City Code; Providing for
Repealer, Severability and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission,upon second reading public hearing,
adopt the proposed amending Ordinance.
ANALYSIS
An application for an amendment to the Land Development Regulations of the City Code for
modifications to the Amendment Procedures section of the Code was sponsored by the Planning
Board at the request of Planning Department staff on April 25, 2000.
Due to the consolidation of the review authority of the Historic Preservation Board, and its new and
expanded responsibility with regard to certificates of appropriateness for new construction in
historic districts, the equitable estoppel provisions of the City Code need to be modified in a
manner which is consistent with the new authority of the Board. In order to address this, new
language is proposed which adds "certificate of appropriateness" to the list of development
approvals required for a project to be presumed to have received a favorable determination that
equitable estoppel applies and that a land development regulation amendment shall not be enforced
against the application and/or project.
At its May 23,2000 meeting,the Planning Board voted 6-0 to recommend approval of the proposed
Ordinance. The City Commission approved the proposed ordinance on first reading on June 7,
2000, and it was reviewed favorably by the Historic Preservation Board on June 13,/2000.
'AGENDA ITEM 2 -
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T:\AGENDA\2000\JUL 1200\REGULAR\1460CMM2.W PD 1
Commission Memorandum
July 12, 2000
Ordinance -Modifications to the Amendment Procedures Section of the Code
Page 2
Based on the foregoing analysis, the Administration recommends that the Commission adopt the
proposed amending ordinance to Chapter 118,Article III,Entitled"Amendment Procedures" of the
Land Development Regulations of the Code of the City of Miami Beach.
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