Resolution 2025-335232025-33523RESOLUTIONNO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,ACCEPTING THE RECOMMENDATION OF THE
PUBLIC SAFETY,NEIGHBORHOODS AND QUALITY OF LIFE COMMITTEE,
AT ITS MAY 22,2024 MEETING,AND DIRECTING THE ADMINISTRATION TO
NOTIFY THE MAYOR AND CITY COMMISSION VIA A LETTER TO
COMMISSION WHEN A DEMOLITION PERMIT APPLICATION IS SUBMITTED
TO THE CITY FOR A PROPERTY LOCATED WITHIN A LOCAL HISTORIC
DISTRICT PURSUANT TO THE "RESILIENCY AND SAFE STRUCTURES ACT"
(FLORIDA STATUTES SECTION 553.8991).
WHEREAS,the City has fourteen (14)local historic districts,seventeen (17)individually
designated local historic sites and four (4)National Register districts;and
WHEREAS,Section 2.13.2 of the Land Development Regulations of the City Code (LDRs)
requires Historic Preservation Board (HPB)approval,at a publicly noticed hearing,for the
demolition of any structure located within a local historic district or individually designated as a
local historic site;and
WHEREAS,on March 22,2024,Senate Bill 1526 (Resiliency and Safe Structures Act)
was signed into law by the Governor with an immediate effective date.The law prohibits local
governments from restricting or preventing the demolition of certain structures located on a
property in which all or a portion of such property is seaward of the coastal construction control
line;and
WHEREAS,the Resiliency and Safe Structures Act prohibits the City from requiring a
property owner to obtain HPB approval prior to the demolition of a building located on a property
seaward of the coastal construction control line with the exception of contributing buildings located
within a historic district listed on the National Register of Historic Places prior to January 1,2000;
and;
WHEREAS,there are approximately 104 properties located within multiple historic
districts that could potentially be demolished pursuant to the Resiliency and Safe Structures Act
and without a prior hearing before the HPB.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission hereby accept
the recommendation of the Public Safety,Neighborhoods and Quality of Life Committee,at its
May 22,2024 meeting,and direct the Administration to notify the Mayor and City Commission of
any demolition permit requested for a property located within a local historic district pursuant to
the Resiliency and Unsafe Structures Act via a Letter to Commission.
PASSED and ADOPTED this 26th day of Fe~ruar~025.~
ATTEST:~HAR 0 3 2025L -sdneer.ua»or
Rafael E.Granado,City Clerk s3@e3
Sponsored by Commissioner Laura Dominguez 5±f
Co-Sponsored by Commissioner Tanya K Bhatt i n ±j ?•er:.+9Co-Sponsored by Commissioner Alex J.Fernandez #;&
Co-Sponsored by Commissioner David Suarez "&?{322.
APPROVED AS TO
FORM AND LANGUAGE
&~UTION
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T:\Agenda\2025\02 February 26,2025\Planning\Demolition Permit Notification -RESO.docx
Resolutions -C7 L
MIAMI BEA C H
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DA TE:February 26,2025
TITLE:DEMOLITION PERMIT NOTIFICATION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO ACCEPT THE RECOMMENDATION OF THE PUBLIC SAFETY,
NEIGHBORHOODS AND QUALITY OF LIFE COMMITTEE,AT ITS MAY 22,2024
MEETING,DIRECTING THE ADMINISTRATION TO NOTIFY THE MAYOR AND
CITY COMMISSION VIA A LETTER TO COMMISSION WHEN A DEMOLITION
PERMIT IS SUBMITTED TO THE CITY PURSUANT TO THE "RESILIENCY AND
SAFE STRUCTURES ACT"(FLORIDA STATUTE 553.8991 ).
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission)adopt
the attached resolution.
BACKGROUND/HISTORY
On April 3,2024,at the request of Commissioner Laura Dominquez,the City Commission referred
a discussion item (C4 X)to the Public Safety and Neighborhood Quality of Life Committee
(PSNQLC)to consider a resolution requiring notification via Letter to Commission (L TC)of any
demolition permit applications applied for within the City's historic districts.
On May 22,2024,the PSNQLC discussed the item and recommended that the City Commission
receive notification from the Administration via an LTC when a demolition permit is requested for
a building within one of the city's historic districts pursuant to the Resiliency and Unsafe Structures
Act.Additionally,Commissioners Tanya K.Bhatt,Alex Fernandez and David Suarez were added
as co-sponsors.
ANALYSIS
On March 22,2024,Senate Bill 1526,the Resiliency and Safe Structures Act,was signed into
law by the Governor with an immediate effective date.The law prohibits local governments from
restricting or preventing the demolition of certain structures located on a property in which all or
a portion of such property is seaward of the coastal construction control line.Contributing
buildings located within a historic district listed on the National Register of Historic Places prior
to January 1,2000 and buildings individually listed on the National Register of Historic Places
are exempt from the law.
The City has fourteen (14)local historic districts,seventeen (17)individually designated local
historic sites and four (4)National Register districts.Section 2.13.2 of the Land Development
Regulations of the City Code (LDRs)requires Historic Preservation Board (HPB)approval,at a
publicly noticed hearing,for the demolition of any structure located within a local historic district
or individually designated as a local historic site.
Page 515 of 1310
The new state law now prohibits the City from requiring a property owner to obtain HPB approval
prior to the demolition of a building located on a property seaward of the coastal construction
control line.This prohibition affects approximately 104 properties,many of which contain
multiple buildings and all of which are located along or near the ocean.
The following is a summary of the properties exempt from HPB review for demolition:
Ocean Beach Historic District
East side of Ocean Drive between 1and 6"Streets (12 properties).
West side of Ocean Drive between 5"and 6"Streets (3 properties).
Collins Waterfront Historic District and Collins Waterfront Architectural District listed on
the National Register of Historic Places
East side of Collins Avenue between 22°and 434 Streets (32 properties).
Morris Lapidus/Mid-2O"Century Historic District
East side of Collins between 44and 53°Streets (15 properties).
North Beach Resort Historic District
East side of Collins Avenue between 63°and 71s Streets (17 properties).
Harding Townsite/South Altos del Mar Historic District and North Shore Historic District
listed on the National Register of Historic Places
West side of Ocean Terrace between 73°and 75 Streets (Z properties).
Bath Club Historic Site
5937 Collins Avenue (1 property).
Ocean Drive/Collins Avenue Historic District
Non-Contributing buildings only (17 properties).
In the event an application for a demolition permit is submitted for any of the properties identified
above,the city may only review the permit for compliance with the Florida Building Code,the
Florida Fire Prevention Code,and Life Safety Code.Pursuant to the attached resolution,an LTC
will provide notification of these demolition applications.
A publicly noticed hearing before the HPB,as well as the approval of the board,will continue to
be required prior to the demolition of any structure exempt from the Resiliency and Safe Structures
Act.
The Administration is supportive of the recommendation of the PSNQLC as the LTC notification
will provide additional transparency for all affected parties and the general public.
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https:l/www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable Page 516 0f 1310
CONCLUSION
The Administration recommends that the City Commission adopt the attached resolution.
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
Planning
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsor(s)
Commissioner Tanya K.Bhatt
Commissioner Alex Fernandez
Commissioner David Suarez
Condensed Title
Demolition Permit Notification.(Dominguez/Bhatt/Fernandez/Suarez)PL
Previous Action (For City Clerk Use Only)
Page 517 of 1310