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2002-3375 ORD SINGLE FAMILY NEW CONSTRUCTION PROCEDURES ORDINANCE NO. 2002f1331SS 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 AND REGULATIONS FOR NEW CONSTRUCTION ON PROPERTIES WHERE SINGLE FAMILY HOMES WERE DEMOLISHED WITHOUT REQUIRED PERMITS; BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE VI, "DESIGN REVIEW PROCEDURES", BY AMENDING SECTION 118-252 TO EXPAND THE REVIEW AUTHORITY OF THE DESIGN REVIEW BOARD; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (City) places a strong emphasis on the protection and retention of existing architecturally 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 has adopted specific standards and procedures to protect and preserve architecturally significant single family homes constructed prior to 1942; 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 new construction of single family homes on those sites where a single family home constructed prior to 1942 was demolished without required approvals and 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 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 ofthe Code ofthe City of Miami Beach, Florida is hereby amended as follows: DNISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS * * * Sec. 142-105. Development regulations and area requirements. * * * (d) (7) New construction procedures for sinele family homes demolished without required approvals or permits. For those properties where a Single Family Home constructed before 1942 was demolished without prior approval of the Planriing Department and the Single Family Residential Review Board. and 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. Purpose. The purpose ofthis subsection is to ensure that any new construction on the site where a single family home constructed prior to 1942 was demolished without required approvals or permits is consistent with the scale. massing. density. location and height of that structure which previously existed on site prior to the unpermitted demolition. Where used in this Section. the words "without all required permits". "without prior approval". "without required ~erm.its or approval" shall not be defined to include demolition as a result of forces beyond the control of the landowner such as. for example. windstorm. flood. or other natural disaster. b. The Design Review Board shall have iurisdiction to review and approve all new construction on the subject site. in accordance with the Criteria listed in Section 118-251 of these Land Development Regulations. and this section. c. Upon the finding that tne demolition of any single family home constructed prior to 1942 was without following the procedures of this section or without all required permits. any new construction on the same site shall be limited to the overall square footage. building footprint. height and location of that which previously existed on site prior to the unpermitted demolition. to the greatest extent possible in accordance with the applicable building and zoning codes. d. In the event the Design Review Board determines that the single family home demolished without required approval or permits was architecturally significant. based upon the criteria in Section 142-105 (d) a-c herein. the Board shall require 2 that the new structure be designed and constructed to match the exterior design and architectural details ofthe original structure demolished to the greatest extent possible in the same location. in accordance with all available documentation and in accordance with the applicable building and zoning codes. e. 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 approval. construction of the new home to match the exterior design and architectural details of the original home shall only occur on the lot on which the demolished home was situated. Separate new homes. which are not attached in any way to the lot on which the demolished home was situated. may be constructed on the remaining lots without approval from the Design Review Board. f. In the event the owner of a single family home constructed prior to 1942. which has been demolished without required permits or approvals. can establish good cause. the Design Review Board may relieve the property owner of some or all of the limitations on new construction herein. The requirement of good cause shall be satisfied where the unauthorized demolition was solely the result of intentional or negligent acts of a duly licensed contractor or other third parties. and the owner had no role in and knowledge of the unauthorized demolition. g. In the event a single family home constructed prior to 1942 is demolished without prior approval of the Planning Department. and the Single Family Residential Review Board. and 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 demolition. and the applicable requirements and procedures for any new construction delineated herein. for recording in the public records of Miami-Dade County. to give notice to subsequent purchasers of the property. h. No variances shall be granted by the Board of Adiustment from the requirements of section 142-105 (d) (7), except those variances which may be required to reconstruct the original structure demolished without required approvals or permits. 1. Fees. The fee schedule below is provided to defray the costs associated with the administration of this subsection. All applications to the Design Review Board for the review of new construction as described herein shall require the following fees. upon the submission of an application to the planning department: 1. Any application requiring a hearing before the board for design review approval shall require a base fee plus a fee per square feet of floor area as provided in appendix A. 2. If a deferment or clarification hearing is requested by the applicant. an additional fee as provided in appendix A shall be assessed. 3. If a deferment or clarification of conditions is requested by the board. there will be no additional fee. 4. If the applicant removes a file from the agenda after it has been accepted by the planning department. the city shall retain 50 percent of the application fee. 5. Any after-the-fact application shall incur triple fees. 3 A. Notwithstanding the above provision. the Design. Review Board may adiust the after-the-fact fee based on good cause shown. The request for a fee adiustment shall be in writing. The adiusted after-the-fact fee shall not be less than the regular application fee. B. The request shall be part ofthe Design. Review Board application. 6. Revisions to plans previously approved by the board shall require a base fee as provided in appendix A plus one-half of the original fee. SECTION 2. That Chapter 118, "Administration and Review Procedures," Article VI, "Design Review Procedures," ofthe Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Section 118-252. Appli~abi1ity and exemptions. (a) Applicability. * * * (3) The review and approval of all new single family home construction. in accordance with Section 142-105 (d) (7) of these Land Development Regulations. (b) Exemptions. Exemptions to these regulations include all of the following provided no new construction or additions to existing buildings are required: * * * (3) All single-family dwellings are exempt from the design review regulations, with the exception of exterior surface color samples and finishes. and the review and approval of all new single family home construction in accordance with Section 142-105 (d) (7) of these Land Development Regulations. However, all building permits for new construction, alterations or additions to existing structures shall be subject to compliance with section 142-105, and all demolition permits must be signed by the planning director, or designee. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission ofthe City of Miami Beach, and it is hereby ordained that the provisions ofthis ordinance shall become and be made part ofthe Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered orrelettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby 4 repealed. SECTION 5. SEVERABILITY. If any section. subsection. clause or provision of this Ordinance is held invalid. the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this Im:h day of . 2002. ATTEST: . ~~faA-tlv- CI Y CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~{h 7#41>2.- City Attorney Date 7/16/2002 T:IAGENDAI2002\JUL 1 002IREGULARISFNEWCONSTRUCTIONPROCEDURES-FINALORD.REV.DOC Underscore denotes new language 5 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ -=r' Condensed Title: Ordinance amendment establishing new construction procedures for single-family homes constructed prior to 1942, which have been demolished without required permits. Issue: Shall criteria be established to govern new single-family construction on sites that previously contained single-family dwellings constructed prior to 1942 and demolished without required approvals or permits? Item Summa IRecommendation: The proposed amendment establishes new construction procedures for single-family homes constructed prior to 1942, which have been demolished without required approvals or permits. Specifically, in those instances where unapproved demolition has taken place, any new construction on the subject site will require approval from the Design Review Board (ORB), The Administration recommends that the Commission ado t the ro osed Ordinance on second read in . Adviso Board Recommendation: On May 8, 2002, the City Commission referred to the Planning Board a proposed Ordinance Amendment creating review criteria for new construction on those single-family homes which previously contained single-family homes constructed prior to 1942, which are demolished without required approvals, On May 14, 2002, the Historic Preservation Board unanimously approved a motion (7 to 0) supporting the proposed Ordinance Amendment creating review criteria for new construction on those single-family properties which previously contained single-family homes constructed prior to 1942, which are demolished without required approvals, On May 21, 2002, the Design Review Board discussed the proposed Ordinance Amendment creating review criteria for new construction on those single family properties which previously contained single- family homes constructed prior to 1942, which are demolished without required approvals. On May 28, 2002, the Planning Board approved a motion transmitting a recommendation for approval to the City Commission of the proposed Ordinance Amendment creating review criteria for new construction on those single family properties which previously contained single-family homes constructed prior to 1942, which were demolished without re uired a rovals, Financial Information: Amount to be expended: Source of Funds: D AGENDA ITEM DATE p. ~c. 7-10-0;).. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach.f1.us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: July 10, 2002 Members Of The City Commission Jorge M, Gonzalez \ . / SECOND READING City Manager 0 Y'" 0 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 AMENDING SECTION 142-105 TO ESTABLISH PROCEDURES AND REGULATIONS FOR NEW CONSTRUCTION ON PROPERTIES WHERE SINGLE-FAMILY HOMES WERE DEMOLISHED WITHOUT REQUIRED PERMITS; BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE Vis "DESIGN REVIEW PROCEDURES", BY AMENDING SECTION 118-252 TO EXPAND THE REVIEW AUTHORITY OF THE DESIGN REVIEW BOARD; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance on Second Reading. OVERVIEW On April 1 0, 2002, the City Commission adopted amendments to the City Code establishing demolition procedures for architecturally significant single-family homes constructed before 1942. Such ordinance established criteria for the Planning Director or designee to make a determination whether a single-family constructed before 1942 is architecturally significant, and provided a clearly defined process for the review of any demolition requests for architecturally significant single-family homes. Since the time of adoption of this ordinance, it has been determined that there are no procedures in the code which address the review of new construction on sites where a single- family home, constructed prior to 1942, has been demolished without required approvals and permits. Such procedures are needed in order to ensure that new construction on such sites is consistent with the scale and character of the original structure, which was demolished without required approvals or permits. In this regard the Administration is proposing amendments to the code which would require that new construction on the site(s) of any home constructed prior to 1942 which was demolished without required permits or approvals, be reviewed by the Design Review Board in order to assure that such new construction is consistent with the scale, massing, density, location and height of the original structure. July 10, 2002 Commission Memorandum New Construction Procedures Ordinance - Single-family Homes, Page 2 of 4 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 defines the scale, character and context of its single-family neighborhoods. The significance of this architecture 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 1942 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 height and massing of the structures, and its surroundings. In order to better protect the architectural context of single-family homes constructed prior to 1942, the Administration is recommending that Section 142-105 of the Land Development Regulations, pertaining to demolition procedures for single-family homes, be amended to regulate new construction on those sites where unapproved demolition has occurred. The purpose of this amendment is to ensure that any new construction on a site where a single- family home constructed prior to 1942 was demolished without required approvals or permits is consistent with the scale, massing, density, location and height of that structure which previously existed on site prior to the unpermitted demolition. The proposed changes to the code would create review procedures for new construction, on those properties where a single-family home constructed before 1942 was demolished without required approvals or permits. 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 following is a summary and explanation of the other major points of the proposed legislation, including those parts of the Ordinance which were amended by the City Commission at the time of First Reading: . Upon the finding that the demolition of any single-family home constructed prior to 1942 was done without following all required procedures or without all required permits, any new construction on the same site shall be limited to the overall square footage, building footprint, height and location of that which previously existed on site prior to the unpermitted demolition, to the greatest extent possible in accordance with the applicable building and zoning codes. If the Design Review Board determines that the single-family home demolished without required approval or permits was architecturally significant, the original structure will be required to be reconstructed to the greatest extent possible in the t July 10,2002 Commission Memorandum New Construction Procedures Ordinance - Single-family Homes. Page 3 of 4 same location, in accordance with all available documentation and in accordance with the applicable building and zoning codes. It is a given that any new structure on a site is just that - "new" - and the original structure can never be fully brought back to its complete original dimensions. However, the original height, massing, location and building envelope of the original structure can be recreated in the form of a new structure, or replicated in the form of the original structure, to the extent permitted by current code, thus assuring that the as-built scale and context of the surrounding area will be protected, preserved and enhanced. . In those instances where the applicant endeavors to construct a new home on multiple, combined lots, and one of the lots contained a single-family home constructed prior to 1942 that was demolished without required permits and approval, the new construction shall only occur on the lot on which the demolished home was situated. Separate new homes, which are not attached in any way to the lot on which the demolished home was situated, may be constructed on the remaining lots and would not require approval from the Design Review Board. This particular modification is important to ensure that on combined lots, the site where an original single-family home once stood does not become a passive yard, swimming pool or tennis court. . In those instances where the owner of a single-family home constructed prior to 1942, which has been demolished without required permits or approvals, can establish that the demolition carried out was not intentional, or that the subject home was not architecturally significant, the Design Review Board may relieve the property owner of some or all of the limitations on new construction herein. This is important because it is not anticipated that all single-family homeowners would demolish a structure without any approvals or permits. In this regard, a certain degree of discretion is needed in the event that a homeowner is, for example, the victim of an incompetent contractor. . All instances of single-family homes constructed prior to 1942 being demolished without required approvals or permits, as well as the applicable requirements and procedures for any new construction, shall be documented for recording in the public records of Miami- Dade County, to give notice to subsequent purchasers of the property. . No variances shall be granted by the Board of Adjustment from the requirements of section 142-105 (d) (7), except those variances which may be required to reconstruct the original structure demolished without required approvals or permits. This modification will ensure that any relief from this section is granted by the Design Review Board, and that any relaxation of code requirements pertaining to the recreation of a structure go before the Board of Adjustment. The Historic Preservation Board reviewed the proposed ordinance on May 14, 2002 and unanimously recommended its approval. On May 21, 2002 the Design Review Board reviewed the proposed ordinance and unanimously recommended its approval. On May 28,2002 the Planning Board voted to transmit the proposed Ordinance Amendment to the City Commission with a favorable recommendation. On June 19, 2002 the City Commission approved the proposed Ordinance Amendment on First Reading. July 10, 2002 Commission Memorandum New Construction Procedures Ordinance - Single-family Homes. Page 4 of 4 CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the proposed Ordinance Amendment establishing new review procedures for new construction, on those properties where a single-family home constructed before 1942 was demolished without required approvals or permits. Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be necessary in order to enact any amendments to the Land Development Regulations. JMG/CM~~ T:\AGENDA\2002\JUL 1 002\REGULAR\SFNEWCONSTRUCTlONPROCEDURES-MEMO.DOC MB The Herald THURSDAY, JUNE 27,2002 16 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS lQ ~ ~\iI ?~ NOTICE IS HEREBY given that public hBarinQs will be held by the Mayor and City Commission of tile ::ty of Miami Beach, Florida, In the Commission Chambers, 3rd floor, City Hall, 1700 Convention , Center Drive, Miami BBach, Florida, on Wednesday, July 10, 2002, at the times listed below, to consider the following on first reading: at 10:30 a,m.: \N ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CIlY OF MIAMI BEACH, ENTITLED 'ADMINISTRATION", BY AMENDING ARTICLE VII THEREOF, ENTITlED "STANDARDS OF CONDUCT", BY AMENDING DMSION 4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2-486, ENTITLED "CONE ,1F SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS. ON ORAl COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND cm COMMISSIONERS AND 7:-iEIR RESPECTIVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. Inquiries may be directed to lIle City Attorney at (305) 673-7470. at 5:00 p.m.: ORDINANCE AMENDlr~G THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CIlY 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 AND REGULATIONS FOR NEW CONSTRUCTION ON PROPERTIES WHERE SINGLE FAMILY HOMES WERE DEMOLISHED WITHOUT REQUIRED PERMITS; BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE VI, "DESIGN REVIEW PROCEDURES", BY AMENDING SECTION 118-252 TO EXPAND THE REVIEW AUTHORITY OF THE DESIGN REVIEW BOARD; PROVIDING FOR REPEALER, CODIFICATION, SEVERABIUTY AND AN EFFECTIVE DATE, Inquiries may be directed to lIle Planning Department at (305) 673-7550: . ALL INTERESTED PARTIES are invited to appear at lIlis meeting, or be represented by an agent, or to express lIleir views in writing addressed to the City Commission, c/o lIle City. Clerk, 1700 Convention CBnter DrivB, 1st RODr, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are availablB for public inspection durinQ normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami BBach, Florida 33139. This meeting may be continued and under such circumstancBs additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with resl1ect to any matter considered at its meeting Dr its hearing, such person must ensure that a verbatim record of the proceedings is made, which rBcordincludBs the testimony and evidence upon which the appeal is to be based. This notice dDes not constiMe consent by the City for the introduction or admission of otherwise inadmissible Qr irrBlevant evidence, nor does it authorize challenges or appeals not otherwise a1IQwed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to 'par1lcipate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding, telephone (305) 673.7411 for assistance; "hearing impaired. telephone the Florida Relay Smice numbers, (800)955-8771 (TOO) or 18001955.8770 (VOICE), for assistance. (Ad #0111)