R5F-Amend Chapter 54 Floodplain Management -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
SECOND READING/PUBLIC HEARING
Ordinance Amendment modifying the City's Flood Plain Management Ordinance to change the
definition of Substantial Improvement to include improvements over a one year period as opposed to a
five year period.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summary/Recommendation:
SECOND READING/PUBLIC HEARING
The proposed Amendment to Chapter 54 represents only one change to the Flood Plain Management
Ordinance, Chapter 54, to change the definition of "substantial improvement to refer to those
improvements that took place during a one year period, as opposed to the current ordinance's
requirement of a five year period.
Advisory Board Recommendation:
I None.
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
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 Amendment to the Ordinance will have no impact on the City's
finances ..
City Clerk's Office Legislative Tracking:
Mariano Fernandez
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AGENDA ITEM -~-S°'_..;.F_
DATE Z-/2-ll( I
~ MIAMI BEACH -
City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.miomibeochfl.gov
COMMI SION MEMORANDUM
TO: Mayor Philip Levine and Members of the Cit Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 12, 2014
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 54, ENTITLED
"FLOODS,U BY AMENDING ARTICLE II, ENTITLED "FLOODPLAIN
MANAGEMENT," BY AMENDING DIVISION 1, ENTITLED "GENERALLY,"
BY AMENDING SECTION 54-35, ENTITLED "DEFINITIONS" BY
AMENDING THE DEFINITION OF "SUBSTANTIAL IMPROVEMENT" TO
APPLY TO IMPROVEMENTS TAKING PLACE DURING A ONE YEAR
PERIOD INSTEAD OF DURING A FIVE YEAR PERIOD; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on second reading upon completion of Public Hearing.
BACKGROUND
The City Administration has reviewed its Flood Plain Ordinance for potential
improvements to assist both homeowners and businesses that need to make
substantial improvements to their structures. Chapter 54 currently requires that the
value of all improvements to a structure over the previous five years be aggregated,
and, if those improvements exceed 50% of the value of the building only (land value is
excluded), that building must meet all current Flood Ordinance Requirements, including
current elevation requirements. The requirements are covered by Chapter 54's
definition of "Substantial Improvement" by requiring a property be brought up to current
legal standards any time it Is substantially approved. Over the years, many property
owners have complained that they feel severely constrained by this calculation method.
They say that the costs associated with bringing buildings up to current flood standards
is prohibitive, and acts as a deterrent to the renovation and improvement to structures
throughout the City.
It is important to note that the requirement to go back five years for the purpose
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City Commission Memorandum -Flood Plain Ordinance Amendment
Page 2 of 2
of calculating the applicability of the "50% rule" is purely a function of Chapter 54 in the
City Code, and not a requirement of the Federal Emergency Management Association
(FEMA) or any other federal agency. In fact, the five year standard was only
implemented by the City in 2009 (previously it had been 10 years). Property owners go
to great lengths to ensure that the 50% rule does not apply to them, and many simply
forego making necessary improvements that would increase property values for our
residents, make properties safer, and improve neighborhood aesthetics.
CONCLUSION
For these reasons the City Administration recommends that the Mayor and Commission
adopt the Ordinance on second reading upon completion of a Public Hearing by
amending the definition of substantial improvement to include improvements that have
taken place during the previous one year period as opposed to a five year period.
ATTACHMENTS
Attachment A: Proposed Ordinance
J LM/ JJ/MVF /SS
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ORDINANCE NO.
~~~~~~~~
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 54, ENTITLED
"FLOODS," BY AMENDING ARTICLE 11, ENTITLED "FLOODPLAIN
MANAGEMENT," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 54-35, ENTITLED
"DEFINITIONS" BY AMENDING THE DEFINITION OF "SUBSTANTIAL
IMPROVEMENT" TO APPLY TO IMPROVEMENTS TAKING PLACE
DURING A ONE YEAR PERIOD INSTEAD OF DURING A FIVE YEAR
PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City Administration has reviewed its Flood Plain Ordinance for potential
improvements to assist both homeowners and businesses that need to make substantial
improvements to their structures; and
WHEREAS, many property owners are severely constrained by the fact that the City
currently considers the last five years worth of improvements when determining whether those
improvements constitute substantial improvement; and
WHEREAS, the Federal Emergency Management Administration (FEMA) does not
require a certain time frame for a determination regarding when substantial improvement to a
structure occurs and other local governments define such period as within one year; and
WHEREAS, by reducing the time frame for consideration in the definition of "substantial
improvement" the City will be encouraging property owners to renovate historic and other types
of properties without fear of financially devastating consequences.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That the definition of "substantial improvement" in Section 54-35 of Division 1 of Article
II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows.
Other existing definitions in Section 54-35 are provided for reference purposes.
CHAPTER 54
FLOODS
* * *
581
ARTICLE II. Floodplain Management
DIVISION 1. Generally
* * *
Sec. 54-35. Definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so
as to give them the meaning they have in common usage and to give this article its most
reasonable application.
* * *
Addition (to an existing building) means any walled and roofed expansion to the
perimeter or height of a building.
* * *
Existing construction means, for the purposes of floodplain management, structures for
which "the start of construction" commenced before September 29, 1972. For the purposes of
determining rates, existing construction shall mean structures for which the "start of
construction" commenced before September 29, 1972. This term may also be referred to as
"existing structures".
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before September 29, 1972.
* * *
Floodplain management regulations means this article and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications
of police power which control development in floodprone areas. This term describes federal,
State of Florida, South Florida Water Management District (SFWMD), or local regulations in any
combination thereof, which provide standards for preventing and reducing flood loss and
damage.
* * *
Historic structure means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National
Register; or
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582
(b) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic or a district
preliminarily determined by the Secretary to qualify as a registered historic
district; or
(c) Individually listed on the Florida Inventory of Historic Places, which has been
approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
1. By the approved Florida program as determined by the Secretary of the
Interior, or
2. Directly by the Secretary of the Interior; or
(e) Designated as an historic building, historic structure, or a contributing structure
located within a local historic district, by the City of Miami Beach.
* * *
New construction means, for floodplain management purposes, any structure for which
the "start of construction" commenced on or after September 29, 1972. The term also includes
any subsequent improvements to such structures. For flood insurance rates, structures for
which the start of construction commenced on or after September 29, 1972, and includes any
subsequent improvements to such structures.
* * *
Repetitive loss structure means a building that has incurred flood-related damages on
two occasions during a 10-year period ending on the date of the event for which claim is made,
on the average, equaled or exceeded 25 percent of the market value of the building the time of
each such flood event.
* * *
Structure means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank that is principally above ground, as well as a manufactured
home.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred. This term also includes
"repetitive loss" structures as defined herein.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, taking place during a five one-year period, in which the cumulative
cost of which equals or exceeds 50 percent of the market value of the structure before the "start
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583
of construction" of the improvement. This term includes structures that have incurred
"substantial damage" regardless of the actual repair work performed. This term does not,
however, include any repair or improvement of a structure to correct existing violations of State
of Florida or local health, sanitary, or safety code specifications, which have been identified by
the local code enforcement official prior to the application for permit for improvement, and which
are the minimum necessary to assure safe living conditions. This term does not include any
alteration of an existing historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the ___ day of _________ , 2014.
PASSED and ADOPTED this ___ day of , 2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and strike through denotes deletions
(Sponsored by Commissioner Joy Malakoff)
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
16NE I THURSDAY. JANUARY 30, 2014 NE
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
MiarniHerald.corn I MIAMI HERALD
NOTICE IS HEREBY given that t11e Joi lowing public hearings will be heard by tile Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 C@vention Center
Drive, Miami Beach. Florida, on Wednesday, February 12, 2014:
10:10 a.m. -Single Family Development Regulations I An Ordinance Amending The Land Development Regulaftons Of The Code Of The City 01 Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And
Regulations," Division 2. "RS-1, RS-2. RS-3, RS-4 Single-Family Residential Districts," By Amending The Criteria And Procedures For The Review And Approval 01 Single-Family Residential Construction, By Replacing The
·Single-Family Residential Review PaMI. By Clarifying And Amending The Standards And Procures For Reviewing New Constrnction And Additions In Single Family Districts, Including ModificatiOns To Lot Coverage, UM Size
·And Overall Height, By Clarifying lhe Below Flood Level Construction Requirernenls for Affected .Properties In High Flood Zones, And By Clarifying Setback And lot Coverage Requirements. Inquiries may /J8 directed to the
Planning Department at 305-613-1550. ·
10:25 a.m. -Architecturally Significant Single Family Home Retention Incentives I Im Ordinance Amending The Land Development Regulations Of The Codi; Of The City Of Miami Be<ich, By Amending Chapter 142, "Zoning
D1$lricts And Regulations," Article II, "Olstricl Regulations," Divililon 2. "Single-Family Residential Districts," By Revising The Standards And Review Requirements Far New Construction, Additions And Modifica~ons To
Properties That Contain An Archrtecturally Significant Single Family Horne Not Located Within A Designated Historic District Inquiries may /Je directed to tile Planning Department at 305-513-1550.
10:40 a.m. -Al1on Road Historic District BLiffer Overlay I Ordinance Amending The Code D!The City Of Miami Beach, Florida, By A~cnding Chapter 142, "Zoniog Districts And Regulations," Article Ill, "Overlay Districts," Creating
Division B "Alton Road -Historic District Buffer Overlay," By Including Section 142-858 "location And Purpose," And Section 142-859 "Development Regulations," Including Among Dtfler Provisions Regulations On Maximurr,
Floor Area Ra1io; Maximum Build:n9 Height, Minimum Setbacks; Building Separation; Demolition Or Additions To Contriblll:ing Bul)dings In An Historic Dislrict·, And Land Use Regulations For Location Of Retail Uses, Restaurants,
Bars, Entertainment Establishments.Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Use:> In b:cess Of 10,000 Sq. Ft; And Prohibiting Alcahal1c Beverage And Entert<mmerit
Establishments In Open Areas With Exceptions As Prescribed In The Ordinance. /,1quiries may be directed la IM Planning Department ar 305-673-7550
10:55 a.m. -Mechanical Parking Systems/ Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 130 "Off-Street Parking," Article II "Districts, Requirements," Section 130-38,
"Mechanical And Robotic Parking Systems," By Modifying The Requirem@ts For Mechanical Parl<.ing Devices And Robotic Parking Systems. Inquiries may be directed to the Planning Department at 305-613-1550.
11:05 a.m. -Talmudic University -RM-2 Heights f Ordinance Amending The Land Development Regulalions Of The Cede OfThe City Of Miami Beach, By Amend'ng Chapter 142, "Zoning Districts And Regulations," Article II
"District Regulations," Subdivision IV, "AM-2-Residential Multifamily, Medium Intensity," Section 142-217, "Area Requirements," To Modify The Requirements For Maximum Building Height And Maximum N~mber Of Stories
lJnhin The RM-2 Oistrict Along Alton Road Between Arthur Godfrey Road And West 34th Street Inquiries may bo directed ta the Planning Department at 305-613-1550.
,,,,. 11:15 a.m. -Ordinance Amending The Gode OfThe City Of Miami Beacl1, By Arnendiog Chapter 54, Entitled "Floods," By Amending Article II, Entitlod "Floodplain Management," By Amending Division 1, Entilled "Generally," By
Amending Section 54-35, Entitled "Defini!ions" By Amending T~e Definition Of "Sub.stan!ial Improvement" To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period. Inquiries may
/Je directed to the Bwlding Depaitment at 305-673-7610.
11:25 a.m. -Ordinance Amending Cha~ter 2 O!Thc C1t1 Cooe, Enbtied '"Administration.' By Amending Article Ill. Entitled '"Agencies. Boards lmd C-0!Jlm1ttees"To Streamline The City's Boards By Expanding The Powers, Duties
And/Of Membership 01 Cert~in Agencies, Boards And Committees And Abolishing Those Thal Are Superseded By The Enhanced Agencies, Boards. And Committees. Inquiries may be directed to the City A/!arr.ey's Office a:
305-673-1470.
11:35 a.m. -No WsKfJ Zone Ordinance/Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Slructures, Facilities And Vehicles," By Am~rding Miele 11, Entitled "Restricted
Wake Zones," By Amending Section 66-43, Enti~ed "Reslricte,j Areas." Sy Amending Subsection C Thereof Regarding The Slaw Speed. Minimum Wake Zone By Amending The Boundaries Thereof Ar;d Amending Area C On
The Appendix Thereto. lnqwriss may be directed to the City Attor.iey's Office at 305-673-7470.
11:45 a.m. -Ordinance Arnendmg Chapter 2 OI The Miami Beach City Code Entitled "Administration," By Amendmg Article IV Entitled "Officers And Employees." By Amending Section 2-191 E11titl0d "Enumeration DI
Or~~nizationat Units," By Creating The Office Of Communicat1ons, Office Of Budget And Peliormance Improvement, Information Technology Department, Procurement Department, Tourism. Culture And Economic Developrnenl
Department, Pl<rnning Department, Office Of Housing And CommLmity Development, And Office Of Capital Improvement Projects; Eliminating The Divisions Under Offices And Departments; And Further Providing Arnendmerts
To The Names Ol Certain Departments And Offices. Inquiries may be directed to tile Human Resources Depa!lment at 305-673-7524.
11:55 a.m. -MBERP For GSAF .'Ordinance implementing Provisions 01Tte2012-2015 Coilective Bar~aining Agreement Bet.veen The City And The Government Supervisors Association 01 Florida, DPEIU, Local 100 iGSAF1:
Amending The Miam, Beach Empioyees' Retiremem Plan Created By Ordinance 2006-3504: Amending Section 2.26 O!Tt1e Plan By Extending The Deterred Retirement Option Plan (DROP) Program From Three (3) To F:ve
(5) Years For Elig'ble Members: Amending Section 5"1 3 To Reflect Amended Eligibility Anrt P;;rticipation Requirements And Amonded DROP Pian Feat~res: Amending Section 4.03 By Eliminating The PurcMse 01 Acidit1oral
Creditable Service For Certain Members Amending Section 6.03 Aequiring The City To Co11tibute A1 Least The Normal Cost To Pension Each Year. Requ,ring M Experience Study At Least Every Three (3) Years And Requiring
Five (5), Ten [1 O) And Twency 12U) Year Projections 01 ReQuired Pension Contr:bulions As P3rt OfThe Annual Actuarial Valuation. /nqLJiries may be direr.led to the H11man ResoLJrces Department at 305-673-7524
Or. Stanley Sutnick Citiien's forum -Purs~anl to Resolution No 2013-26440, tte limes for the Dr. Stanley SuMick Citizen's forum have been changed to 8:30 a.m. and 1 :00 p.m .. or as soon· as ;ioss1ble '.he1eafter.
Apprnximately '.hirtf r:iir.u'.c;~ _.,,,. te aiiocated to each session. w1t11 mdi,1duals tJe:ng ii1rn~ed to nc morn thar. three minutes or for a period establisr.cd by the Mayor. No appo1ntrnent or advance notification is needed in or.je'
to speak to the Cornmiss.on during this Forum.
INTERESTED PARTiES ~re .1w1te~ lo ~rpear at this meeting, or be represented by in a gem. or to express their views in writing addressed to the City Commission, cio the City Clerk, 1700 Convention Cente1· Drive, 1" Floor,
City H&ll, Mimrn Beach, F:orii1H '.131'9. C.Jp1es of these items are avu·:abl~ lor public 1nsµec!ion during normal business hours in the City Clerk's Oft1ce, 170U Convention Center Drive, 1" Floor City Hall, M:ami Be~rh,
FIN'da 33139 TJ-,,s r.1rntng, 01 any item hHein. may be contim1ea, and under such circumstances add•tional legal notice 11eed not be provided.
Rafael E. Granado, Ciiy C:er'
City o1 Miami Beach
Pursuant to Sectiori 236.0105, Fla. Slat., the City hereby advises the public tl1at if a ?erso11 decides to appeal any decision mnde by the City Commission with respect to any matter considered at rt;; meeting or its hearing,
scch person must ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be llased. This notice does not constitute Ton sent by tho City for
the <ntroduction or acrn:ssion of othcr11isc inadmissible or irrelevai1t ev1~ence, nor does it authorize challenges or appeals not otherwise allowed by law.
To reqLlest this material in accessible 1orr;iat, sign language interpreters. 1nforrnat1on on access for persons wtth disabilities and/or any accommodaUOn to review <ll1Y documenl or participate in any c:cty-sponsored proceeding,
please contact us live days in a~vance at 305-6i3· 7 4 111voice) or m users may also call !he Florida Relay Service at 711.
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