R5S-Stay Against Issuance Of Demolition Orders Or Permits -City Commission-COMMISSION ITEM SUMMARY
First Reading to consider an Ordinance Amendment establishing a stay against issuance of demolition
orders or ermits for architecturally si nificant homes outside of historic districts.
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort ut forth b the Cit tore ulate develo mentis "about the ri ht amount."
Item Summa /Recommendation:
FIRST READING
The proposed Ordinance would establish a stay against issuance of demolition orders or permits for
architecturally significant homes outside of historic districts.
The Administration recommends that the City Commission approve the Ordinance at First Reading
and set a Second Reading Public Hearing for October 16, 2013.
Adviso Board Recommendation:
On August 27, 2013, the Planning Board transmitted the subject Ordinance to the City Commission
by a vote of 5 in favor and 2 against (Frank Kruszewski & Jonathon Bel off) ..
Financial Information:
Source of
Funds:
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OBPI
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Financial Impact Summary:
Amount Account
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal
im act.
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gav
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2013
FIRST READING
SUBJECT: STAY AGAINST ISSUANCE OF DE OLITION ORDERS OR PERMITS-
ARCHITECTURALLY SIGNIFICANT HOMES OUTSIDE OF HISTORIC
DISTRICTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, TO ADOPT A STAY ON THE ISSUANCE OF
ORDERS OR PERMITS FOR THE SUBSTANTIAL OR TOTAL DEMOLITION
OF ARCHITECTURALLY SIGNIFICANT HOMES LOCATED OUTSIDE OF
HISTORIC DISTRICTS, TO ALLOW FOR THE REVIEW OF CURRENT AND
PROPOSED ORDINANCES THAT WOULD PROTECT AGAINST
DEMOLITION, AND FOR REVIEW OF INCENTIVE PROGRAMS TO
ENCOURAGE RETENTION AND RESTORATION OF SUCH HOMES,
PROVIDING FOR DURATION OF STAY THROUGH NOVEMBER 28, 2013,
PROVIDING FOR EXTENSIONS, PROVIDING FOR EXCEPTIONS AND
REVIEW PROCEDURES, AND PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing
for October 16, 2013.
BACKGROUND
On July 17, 2013, the City Commission referred the subject Ordinance to the Planning
Board for consideration. On August 27, 2013 the Planning Board reviewed the
Ordinance and recommended in favor.
ANALYSIS
In recognition of Miami Beach's extraordinary inventory of architecturally significant
single family homes, the City Commission adopted amendments to the City Code in
2002 and in 2004, intended to provide incentives for property owners to retain and
rehabilitate, rather than demolish architecturally significant single family homes
constructed prior to 1942. These legislative actions established criteria for the Planning
Director or designee to make a determination as to whether a single-family home
constructed before 1942 is architecturally significant, and provided a clearly defined
process for the review of new homes proposed to replace architecturally significant
single-family homes. Specifically, any requests for the total demolition of an
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Commission Memorandum
Stay Against Demolition
September 11, 2013 Page 2 of 3
architecturally significant pre-1942 home would require Design Review Board approval
for the proposed new construction, as well as the issuance of a building permit for the
approved home, prior to the issuance of a demolition permit.
The ORB review of new construction where architecturally significant homes are
proposed to be demolished has been highly successful in ensuring the successful
integration of new construction within the established scale, character and context of
existing single family residential neighborhoods. However, over the past few years, staff
has seen a very significant increase in the number of total demolition requests for
architecturally significant single family homes. Specifically, in 2012 there were 20
requests for total demolition and new construction, while only 21 such requests were
submitted over the 7 year period from 2005 thru 2011, as shown below:
Year: 2012 2011 2010 2009 2008 2007 2006 2005
Homes Proposed for Total Demolition: 20 3 4 0 5 1 4 4
As more and more of the homes that define very large and significant portions of the City
are lost, the character, identity and brand that makes Miami Beach a very special place
will, unfortunately, begin to erode.
Currently, section 142-108 of the City Code, which governs the review procedures for
new construction on properties containing architecturally significant homes, provides
some limited incentives for retaining such homes. Through 2011, these incentives
seemed to be adequate; however, as has been evidenced by the spike in demolition
requests for architecturally significant homes in 2012, more is needed in order to
encourage the retention of these homes. In this regard, staff has drafted revisions to
Section 142-1 08(g) of the code, in order to create more substantial and tangible
incentives for the retention of architecturally significant single family homes. This
Ordinance has been endorsed by the Land Use and Development Committee and
referred to the Planning Board for consideration on September 23, 2013.
In order to try and limit the demolition of Architecturally Significant single family homes,
the City Commission referred the proposed Ordinance pertaining to a Temporary Stay
on Demolition Permits for 'Architecturally Significant' homes. As proposed, this stay
went into effect immediately upon the endorsement of the Planning Board on August 27,
2013 and would stay in effect until November 28, 2013, subject to the approval of the
City Commission.
Staff believes that the proposed stay is a reasonable mechanism to help ensure that the
process for amending the pre-1942 incentive ordinance moves forward without undue
delay.
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on August 27, 2013, and
transmitted it to the City Commission with a favorable recommendation by a vote of 5 in
favor and 2 against (Frank Kruszewski & Jonathon Beloff).
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
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Commission Memorandum
Stay Against Demolition
September 11, 2013 Page 3 of 3
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for October 16, 2013.
JLMIJMJ/RGUTRM
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STAY AGAINST ISSUANCE OF
DEMOLITION ORDERS OR PERMITS-
ARCHITECTURALLY SIGNIFICANT HOMES
OUTSIDE OF HISTORIC DISTRICTS
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, TO ADOPT A STAY ON THE ISSUANCE OF
ORDERS OR PERMITS FOR THE SUBSTANTIAL OR TOTAL
DEMOLITION OF ARCHITECTURALLY SIGNIFICANT HOMES LOCATED
OUTSIDE OF HISTORIC DISTRICTS, TO ALLOW FOR THE REVIEW OF
CURRENT AND PROPOSED ORDINANCES THAT WOULD PROTECT
AGAINST DEMOLITION, AND FOR REVIEW OF INCENTIVE PROGRAMS
TO ENCOURAGE RETENTION AND RESTORATION OF SUCH HOMES,
PROVIDING FOR DURATION OF STAY THROUGH NOVEMBER 28, 2013,
PROVIDING FOR EXTENSIONS, PROVIDING FOR EXCEPTIONS AND
REVIEW PROCEDURES, AND PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach wishes to preserve its unique architectural
history and to maintain the structural, historical and architectural integrity of existing
structures in the City's residential neighborhoods; and
WHEREAS, a significant number of architecturally significant single family homes
within the City are located outside of historic districts, and have limited protection from
demolition in the current City Code; and
WHEREAS, while the City's Design Review Board is authorized to review
applications for the demolition of architecturally significant homes built prior to 1942, it does
not have the authority to deny a request for demolition of such homes; and
WHEREAS, over the past year the number of architecturally significant homes built
prior to 1942 that have received approval from the Design Review Board to be demolished
has increased dramatically; and
WHEREAS, the City Commission has directed the Administration to draft
amendments to the land development regulations that provide incentives to encourage the
preservation of architecturally significant homes in the City; and
WHEREAS, the City Commission has directed the Administration to explore other
ways in which the number of architecturally significant homes in the City threatened with
demolition can be reduced; and
WHEREAS, the City Commission finds that in order to protect the architecturally
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significant homes that remain from demolition prior to the above legislation being drafted
and considered by the various land use boards, affected property owners, the Planning
Board and the City Commission, a temporary stay for a period of approximately four
months through November 28, 2013 against the issuance of demolition permits for the
demolition of such homes, is required; and
WHEREAS, the City Commission has considered at its hearing on the request by
the Honorable Mayor Matti Herrera Bower's referral to the City Planning Board of the
proposed stay, that certain persons and property should be excluded from the stay, to
account for recent actions taken without knowledge of this proposed action, and such
consideration is included in the amendment below; and
WHEREAS, the City of Miami Beach continually seeks to update and clearly define
the requirements of the Land Development Regulations of the Code of the City of Miami
Beach as they pertain to the consideration and issuance of permits for demolition; 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.
A. Establishment of temporary stay in RS-1, RS-2, RS-3 and RS-4 zoning
districts.
A temporary stay through November 28, 2013 shall be imposed as of the earlier of a
favorable recommendation by the Planning Board establishing zoning in progress under
City Code section 118-168, or adoption by the City Commission of this ordinance on
second reading after public hearing, against the issuance of orders or permits for the
substantial or total demolition of architecturally significant homes outside of historic
districts, which satisfy the criteria of section 142-1 08 (a) of the City Code, without regard to
year of construction. The stay shall be in effect in the RS-1, RS-2, RS-3 and RS-4 zoning
districts. The stay shall automatically dissolve on November 28, 2013, unless extended by
the City Commission by ordinance.
Substantial demolition as used in this Ordinance shall mean that the following
portions of a building are proposed to be demolished or removed:
1. More than 25 percent of the front, waterfront side or rear, and/or street side walls; or
2. More than 25 percent of an original concrete first floor slab; or
3. More than 34 percent of the interior side walls.
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B. Exceptions.
The stay does not apply to:
(1) Anyone who filed an application for development approval with the
Planning Department or for permit with the Building Department on or
before July 17, 2013; or
(2) Anyone who purchased property within the three months prior to
July 17, 2013; or
(3) Anyone who entered into a contract to purchase property with a
deposit in escrow prior to July 17, 2013; or
(4) Anyone who establishes equitable estoppel as stated in Florida case
law as proven by affidavit and documentation, evidencing the
expenditure of funds prior to July 17, 2013 for development of the
property, to the satisfaction of the City Attorney; or
(5) Anyone who establishes equitable estoppel as provided in City Code
Section 118-168, by obtaining a building permit or Design Review
Board approval prior to zoning in progress or City Commission
adoption of this Ordinance; or
(6) Orders of the Building Official for emergency demolition of unsafe
structures.
C. Review Procedures.
In the event the property owner does not qualify under subsection B above for an
exception to avoid enforcement of this Ordinance, then the property owner may seek a
determination from a court of competent jurisdiction as to whether equitable estoppel
otherwise exists. lf, however, a property owner fails to seek a determination from the court,
or if the court has made a determination unfavorable to the property owner and such
determination is not reversed on appeal, then the City shall fully enforce this Ordinance
against the property owner's project.
SECTION 2. REPEALER.
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 ten days following adoption.
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PASSED AND ADOPTED this __ day of _______ , 2013.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
\
September 11, 2013
October 16, 2013
Verified by: ________ _
Richard Lorber, AICP
Acting Planning Director
MAYOR
APPROVED AS TO
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