RESOLUTION 89-19693 RESOLUTION NO. 89-19693
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER AN
AMMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO.
1891; AMENDING SUBPART B.2 OF SUBSECTION 7-1 ENTITLED
"CONDITIONAL USES" OF SECTION 7 ENTITLED "SUPPLEMENTARY
USE REGULATIONS", PROVIDING THAT EXTENSIONS OF TIME FOR
APPROVED ACLF'S TO OBTAIN A BUILDING PERMIT, CERTIFICATE
OF OCCUPANCY, CERTIFICATE OF COMPLETION OR OCCUPATIONAL
LICENSE SHALL ONLY BE APPROVED BY A FIVE SEVENTHS (5/7)
VOTE OF THE CITY COMMISSION; AND ALSO TO CONSIDER AN
ALTERNATIVE AMENDMENT PROPOSED BY THE PLANNING BOARD
CONCERNING SUBPART B.2 OF SUBSECTION 7-1 ENTITLED
"CONDITIONAL USES" OF SECTION 7 ENTITLED "SUPPLEMENTARY
USE REGULATIONS", ESTABLISHING NEW TIME LIMITATIONS FOR
APPROVED ACLF'S TO OBTAIN A BUILDING PERMIT, CERTIFICATE
OF OCCUPANCY, CERTIFICATE OF COMPLETION OR OCCUPATIONAL
LICENSE AND PROVIDING NEW PROCEDURES FOR APPROVED ACLF'S
TO OBTAIN EXTENSIONS OF TIME LIMITATIONS FROM THE
PLANNING BOARD.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, THAT,
WHEREAS, on May 23 , 1989 the Planning Board of the City of Miami
Beach requested that the City Attorney prepare an amendment to
Subpart B. 2 of Subsection 7-1 entitled "Conditional Uses" of
Section 7 entitled "Supplementary Use Regulations" of Zoning
Ordinance No. 1891 pertaining to time extensions for the
construction and operation of Adult Congregate Living Facilities
(hereinafter "ACLF" (s) ) ; and
WHEREAS, on May 24 , 1989 , the City Commission of the City of Miami
Beach also directed the City Attorney to prepare an ordinance
amending Zoning Ordinance, No. 1891 to require City Commission
approval of time extensions to obtain a Building Permit,
Certificate of Occupancy, Certificate of Completion or Occupational
License for approved ACLFs; and
WHEREAS, on July 6, 1989 , the Planning Board unanimously
recommended against approval of the Ordinance as drafted by the
City Attorney on behalf of the City Commission (Attachment No. 1) ;
and
WHEREAS, the Planning Board unanimously recommended in favor of a
revised Ordinance (Attachment No. 2) , which would:
1. retain the Planning Board' s authority to grant extensions
of time;
2 . reduce the maximum extension of time for an ACLF
applicant to obtain a Building Permit, Certificate of
Occupancy, Certificate of Completion or Occupational
License from nine (9) months to three (3) months; and
3 . limit the number of times an ACLF applicant may obtain
extensions; and
WHEREAS, said action of the Planning Board has been duly
transmitted to the City Commission pursuant to Section 17 , entitled
"Changes and Amendments" of Zoning Ordinance No. 1891.
NOW, THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that a public hearing for
consideration of an amendment to Zoning Ordinance, No. 1891,
amending subpart B. 2 of Subsection 7-1 entitled "Conditional Uses"
of Section 7 entitled "Supplementary Use Regulations" providing
that extensions of time for approved ACLF' s to obtain a Building
Permit, Certificate of Occupancy, Certificate of Completion or
Occupational License shall only be approved by a five sevenths
(5/7) vote of the City Commission; and also to consider an
alternative amendment proposed by the Planning Board concerning
Subpart B. 2 of Subsection 7-1 entitled "Conditional Uses" of
Section 7 entitled "Supplementary Use Regulations" , establishing
new time limitations for approved ACLF' s to obtain a Building
Permit, Certificate of Occupancy, Certificate of Completion or
Occupational License and providing new procedures for approved
ACLF' s to obtain extensions of the time limitations from the
Planning Board, is hereby called to be held before the City
Commission in its chambers on the Third Floor of City Hall , 1700
Convention Center Drive, Miami Beach, Florida, beginning at 3:00
p.m. on the 4th day of October 1989 and the City
Clerk is hereby authorized and directed to publish in a newspaper
of general circulation of the City of Miami Beach, at which time
and place all interested parties will be heard.
PASSED and ADOPTED this 26th day of July , 1989
OR
ATTEST:
Luc.
CITY CLERK
FORM APPROVED
LEGA DEPT
By
Date 7—� 167 ?
RWP:JK: ibm
a:ccaclfre
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE
ZONING ORDINANCE NO. 1891; AMENDING SUB-PART
B.2 OF SUB-SECTION 7-1 ENTITLED "CONDITIONAL
USES" OF SECTION 7 ENTITLED ',SUPPLEMENTARY USE
REGULATIONS", BY PROVIDING THAT EXTENSIONS OF
TIME FOR APPROVED ACLF'S TO OBTAIN A BUILDING
PERMIT, CERTIFICATE OF OCCUPANCY, CERTIFICATE
OF COMPLETION OR OCCUPATIONAL LICENSE SHALL
ONLY BE APPROVED BY A FIVE SEVENTHS (5/7) VOTE
OF THE CITY COMMISSION; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Subsection 13 . 2 entitled "Mandatory Requirements" of
Section 13 entitled "Adult Congregate Living Facilities" of City
of Miami Beach Zoning Ordinance 1891 provides that Adult Congregate
Living Facilities (ACLF' s) in the City of Miami Beach shall not
exceed 2 , 000 residents; and
WHEREAS, the City Commission of the City of Miami Beach wishes
to insure that persons obtaining conditional use permits for
operation of ACLF ' s which are thereafter counted as part of the
aforementioned 2 , 000 resident cap do not repeatedly delay the
opening of such facilities thereby preventing others from providing
facilities for persons need irig them in the City.
NOW,. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Sub-part B. 2 of Sub-section 7-1 entitled
"Conditional Uses" of Section 7 entitled "Supplementary Use
Regulations" of Zoning Ordinance No. 1891 is hereby amended to read
as follows:
7-1 Conditional Uses
* * * *
B. Procedures
* * * * AGENDA
ITEM --
b -21
DATE 7-2( -
CITY
COMMISSION RECOMMENDATION
ATTACHMENT 1 25
2 . Time Limitations
a. Approval of a conditional use under this Section
shall become null and void if a building permit has
not been issued within six (6) months after the date
of approval . Such conditional use may also become
null and void if a Certificate of Occupancy,
Certificate of Completion or an Occupational License
is not issued within two (2) years after approval .
b. Except as provided in subparagraph c below, when
extenuating circumstances or compelling reasons
prevent the applicant from complying with conditions
of approval within the above stated time periods,
the applicant may request the Planning Director
who,after consultation with Chairman of the Planning
Board, may approve one nine (9) month extension of
time to (1) obtain a building permit or (2) to
complete all construction work and obtain a
Certificate of Occupancy, Certificate of Completion
or Occupational License. Subsequent requests for
an extension of time shall only be approved by the
• Planning Board where the public notice requirements
shall - be satisfied by placing the ,request on the
Planning Board Agenda. Appeal of the Planning
•
Director' s finding shall be to the Board and
scheduled no earlier; than 20 days prior to:" the next -
regular meeting date. Appeal of the Board's
findings shall be to the City Commission. A five-
sevenths (5/7) vote of the Commission shall be
required to overrule a decision of the Planning
Board relating to an extension of time request. The
appeal shall be filed within 3 0 days of the date the
decision is rendered.
c. Notwithstanding subparagraph b herein, any requests
for extensions of time to obtain a building permit,
Certificate of Occupancy, Certificate of Completion
2
26 •
or Occupational License for conditional uses granted
to ACLF's shall only be considered by the City
Commission and shall only be approved by a five-
sevenths (5/7) vote.
SECTION 2 : REPEALER That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed.
SECTION 3: SEVERABILITY If any section, subsection, clause or
provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 4: EFFECTIVE DATE This Ordinance shall take effect on the
day of , 1989.
PASSED and ADOPTED this day of
1989.
MAYOR
ATTEST:
CITY CLERK
•
.FORM APPROVED -
LEGAL DEPT.
By:
.
Date. 1 - ( ñ'?3 -1.??
y -
3 •
27
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 1891;
AMENDING SUB-PART 8.2 OF SUB-SECTION 7-1
ENTITLED "CONDITIONAL USES" OF SECTION 7
ENTITLED "SUPPLEMENTARY USE REGULATIONS", BY
ESTABLISHING TIME LIMITATIONS FOR APPROVED
ACLF'S TO OBTAIN A BUILDING PERMIT,
CERTIFICATE OF OCCUPANCY, CERTIFICATE OF
COMPLETION OR OCCUPATIONAL LICENSE AND
PROVIDING PROCEDURES FOR OBTAINING EXTENSIONS
OF THE TIME LIMITATIONS; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,S Subsection 13 . 2 entitled "Mandatory Requirements" of
Section 13 entitled "Adult Congregate Living Facilities" of City
of Miami
Beach ZoningOrdinance 1891 provides that Adult Congregate
(ACLF's)Facilities
ACLF's) in the City of Miami Beach shall not
exceed 2 , 000 residents; and
WHEREAS,
the CityCommission of the City of Miami Beach wishes
to insure that persons obtaining conditional use permits for
operation on of ACLF' s which are thereafter counted as part of the
aforementioned 2 , 000 resident cap do not repeatedly delay the
opening of such facilities thereby preventing others from providing
facilities for persons needing them in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1: Subpart Sub art B. 2 of Subsection 7-1 entitled
"Conditional Uses" of Section 7 entitled "Supplementary Use
Regulations"
of ZoningOrdinance No. 1891 is hereby amended to read
as follows:
1
PLANNING
BOARD
RECOMMENDATIONS
ATTACHMENT 2
7-1 Conditional Uses
B. Procedures
* * * *
2 . Time Limitations
a. Except as provided in subparagraph c below,
approval of a conditional use under this
Section shall become null and void if a
building permit has not been issued within six
(6) months after the date of approval. Such
conditional use may also become null and void
if a Certificate of Occupancy, Certificate of
Completion or an Occupational License is not
issued within two (2) years after approval.
b. Except as provided in subparagraph c below,
when extenuating circumstances or compelling
reasons prevent the applicant from complying
with conditions of approval within the above
stated time periods, the applicant may request
the Planning Director who, after consultation
with the Chairman of the Planning Board, may
approve one nine (9) month extension of time
to (1) obtain a building permit, or (2) to
complete all construction work and obtain a
Certificate of Occupancy, Certificate of
Completion or Occupational License. Subsequent
requests for an extension of time shall only
be approved by the Planning Board where the
public notice requirements shall be satisfied
by placing the request on the Planning Board
Agenda. Appeal of the Planning Director's
2
4
finding shall be to the Board and shall be
scheduled no earlier than 20 days prior to the
next regular meeting date. Appeal of the
Board's decision shall be to the City
Commission. A five-sevenths (5/7) vote of the
Commission shall be required to overrule a
decision of the Planning Board relating to an
extension of time request. The appeal shall
be filed within 30 days of the date the
decision is rendered.
c. Time limitations for Adult Congregate Living
Facilities
(1) Approval of an a Adult Congregate Living
Facility under the Conditional Use procedures
shall become null and void if a building permit
has not been issued within nine (9) months
after the date of approval. Such Conditional
Use shall become null and void if a Certificate
of Occupancy1 Certificate of Completion or an
Occupational License is not issued within one
(1) year after the building permit is issued.
(2) When extenuating circumstances or compelling
reasons prevent the applicant from complying
with conditions of approval within the above
stated time •eriods the a.•l icant ma submit
a request to the Planning Board which, may
approve:
(a) one extension of tire of up to three (3)
months to obtain a building permit or,
(b), if the Board finds that the project is
substantially complete, one extension of
time of up to six (6) months to complete
3
all construction v;rk and obtain 4
Certificate of Occupancy. Certificate of
Completion or Occupational License.
The public notice requirements shall be
- • 's 'ed b •lacin• he re es on t e :oa d 's
.-ends. A• seal of th - :oard 's decis 'on shal
be to the City Commission. A five-sevenths
(5/7) vote of the Commission shall be required
to overrule a decision of the Planning Board
relating to an extension of time requested.
The appeal shall be filed Lithin 30 days of the
date on which the Board 's decision is reached.
d. -G-. An approved and operational Conditional Use
which remains idle or unused in whole or in
part for a continuous period of six (6) months
or for eighteen (18) months during any three
(3) year period whether or not the equipment,
Fixtures, or Structures remain, shall be
required to seek re-approval of the Conditional
Use from the Planning Board. Such use
shall not be permitted to be re-used until the
Planning Board approval has been granted.
SECTION 2: REPEALER That all Ordinances or parts of Ordinances
in conflict herewith be and the same are herewith repealed.
SECTION 3: SEVERABILITY If any section, susection, clause or
provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
4
SECTION 4: EFFECTIVE DATE This Ordinance shall take effect on the
day of , 1989.
PASSED and ADOPTED this day of
MAYOR
ATTEST:
CITY CLERK
FORM APPROVED
LEGAL DEPT.
By: 41L - Ut/)L
Date: 1 14- a '
S .
f
eat/
t6i
I
FLORIDA
Eead
3 3 1 3 9
i*(INCORPRATED)*1 °`
VACA TIONLANI) U. S. A. ''
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
D
COCOMMISSIONiV1E�lIORAN UM NO.
DATE: July 26, 192c)
TO: Mayor Alex Daoud and
Members of the ' Commiss*.nif
FROM: Rob W. Par ' s �W./i.,
City Manager //AO
SUBJECT: PLANNING BOARD RECOMMENDATION: REQUEST TO AMEND THE
CONDITIONAL USE REGULATIONS PERTAINING TO EXTENSIONS OF
TIME IN ORDER TO OBTAIN A BUILDING PERMIT, CERTIFICATE
OF OCCUPANCY, CERTIFICATE OF COMPLETION OR OCCUPATIONAL
LICENSE FOR APPROVED ADULT CONGREGATE LIVING FACILTIES
(HEREINAFTER ACLF)
BACKGROUND
July 29 , 1987 City Commission requests the City Attorney to
draft a Zoning Ordinance that requires all
requests for extensions of time to be approved
by the City Commission.
May 23 , 1989 Planning Board considers a request to extend
the time for an applicant to obtain a Building
Permit for an ACLF at 1733-1751 Michigan
Avenue. The City Attorney' s staff suggested
that the amendment was not prepared in 1987 as
the City was involved with litigation
pertaining to the ACLF Zoning Regulations.
May 24 , 1989 City Commission requests the City Attorney to
prepare an amendment to the Zoning Ordinance
which requires Commission approval for time
extension in order to obtain a Building Permit
and/or Certificate: o f Occupancy-
PLANNING BOARD ACTION
On July 6, 1989 the Planning Board held a public hearing to
consider the ordinance (Attachment #1) that was prepared by the
City Attorney' s Office at the direction of the City Commission.
The Board recommended against the Ordinance for the following
reasons:
A) It did not set forth the length or number of extensions
that are allowed or criteria to evaluate requests.
B) There are no pending requests for Building permits;
however, there are 1, 015 approved ACLF units which is
51% of the 2 , 000 unit ACLF cap set by the Zoning
Ordinance. As such, the concern that applicants are
banking units is not substantial .
C) The current procedures are fair and provide for due
process.
20
AGENDA
ITEM
DATE -?-09
In recognition of the Commission' s concerns toward applicants who
obtain extensions of time but do not build, the Planning Board
recommended that an Ordinance be approved which maintained the
Board as the agency that reviews requests for extensions of time;
however, the maximum length of extensions and number of requests
are significantly reduced. The Planning Board' s proposal allows
one extension of time of up to three (3) months, instead of nine
(9) months, to obtain a Building Permit, or one extension of time
of up to six (6) months, instead of nine (9) months, to complete
all construction work and obtain a Certificate of Occupancy,
Certificate of Completion or Occupational License. In order to
approve an extension of time to complete a project, the Board must
find that the project is substantially under construction.
COMPARISON OF PROPOSED ORDINANCES
The following presents a comparison of the two proposals:
1. CITY COMMISSION ORDINANCE (ATTACHMENT #1)
Conditional Use Approval
Conditional Use approval becomes null and void if
a building permit is not issued within six (6)
months after approval, or if Certificate of
Occupancy, Certificate of Completion or Occupational
License is not issued within two years after
approval .
Approval for Time extensions
All requests for extension of time shall be
considered by the City Commission; there is no limit
on the number of extensions which may be requested.
2 . PLANNING BOARD ORDINANCE ATTACHMENT ; 2
Conditional Use Approval
Conditional Use approval becomes null and void if
a building permit is not issued within nine (9)
months after approval or if a Certificate of
Occupancy, Certificate of Completion or Occupational
License is not issued within one year after a
building permit was issued.
•
Approval for Time Extensions•
- -
Applicant requests the Planning Board to • approve
one extension of -time (maximum three (3) months) to
obtain a Building Permit or, if the Board finds that
the project is substantially complete, one extension
of time (maximum six (6) months) to complete all
construction work and obtain a Certificate of
Occupancy, Certificate of Completion or Occupational
License.
•
ADMINISTRATION RECOMMENDATION
It is recommended that the City Commission schedule public hearings
to further consider the Planning Board' s recommendations.
JK:AG:jm
commsumm\aclf
21
ORIGINAL
RESOLUTION NO. 89-19693
Calling a public hearing to consider an
amendment to the Comprehensive Zoning
Ordinance No. 1891; amending subpart B.2
of subsection 7-1 entitled "Conditional
Uses" of Section 7 entitles "Supplementary
Use Regulations", providing that exten-
sions of time for approved ACLF's to
obtain a building permit,certificate of
occupancy, certificate of completion or
occupational license shall only be approv-
ed by a five sevenths (5/7) vote of the
City Commission; and also to consider an
alternative amendment proposed by the
Planning Board concerning Subpart B.2 of
subsection 7-1 entitled "Conditional Uses"
of Section 7 entitled "Supplementary Use
Regulations", establishing new time
limitations for approved ACLF's to obtain
a building permit, certificate of
occupancy, certificate of completion or
occupational license and providing new
procedures for approved ACLF's to obtain
extensions of time limitations from the
Planning Board.