R5D-Transfer Variance-Flood Plain Waiver To DRB And HPB -Malakoff-COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment transferring variance and flood plain waiver
to the Desiqn Review and Historic Preservation Boards.
!ntended Outcome S
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would transfer variance and flood plain waiver authority from the Board of
Adjustment to the Design Review Board (DRB) and Historic Preservation Board (HPB) for those
projects falling within the jurisdiction of the DRB and HPB.
On June 11,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 10,2014.
On August 26, 2014, the ballot question to modify the Related Special Acts of the City Code, which
was required to modify the Board of Adjustment rules and procedures, was approved by the voters.
On September 10, 2014 the City Commission adopted the subject Ordinance, with an effective date of
September 20, 2014. On September 17, 2014, the City Commission reconsidered the motion to adopt
the subject Ordinance, and rescheduled a new Second Reading for September 30,2014.
The Administration recommends that the City Commission open and continue 2nd Reading of the
subject Ordinance to a date certain of December 17,2014.
AGENDA rrer,,r 45D
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, EnvironmentalScan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate is "about the rioht amount."
On May 27,2014, the Planning Board recommended approvalof the subject Ordinance by a vote of
6to0.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial Impact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm 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, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
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MIAMIBEACH o,rf:= q-?o-lq46
MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Cenier Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of City
PLAIN WAIVER AUTHORIry TO
THE DESIGN REVIEW BOARD AND HISTORIC PRESERVATION BOARD
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING GHAPTER {18,..ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VIII,..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118.351, "DETERMINATION OF JURISDICTION," SECTION 118.
352, "PROCEDURE;" ARTICLE ll, "BOARDS," DIVISION 3, "DESIGN
REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES;" DIVISION
4, "HISTORIC PRESERVATION BOARD," SECTION 102, "POWERS AND
DUTIES;" DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-136,
"POWERS AND DUTIES;" TO AMEND THE JURISDICTION OF THE
BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIC
PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND
HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES
PRESENTED IN APPLICATIONS WITHIN THEIR RESPEGTIVE
JURISDIGTIONS, AMENDING THE AUTHORITY OF THE BOARD OF
ADJUSTMENT TO REFLECT THAT CHANGED AUTHORIZATION, AND TO
TRANSFER THE AUTHORITY OF THE BOARD OF ADJUSTMENT ACTING
AS THE FLOOD PLAIN MANAGEMENT BOARD TO THE DESIGN REVIEW
AND HISTORIC PRESERVATION BOARDS, TO AUTHORIZE SUCH
BOARDS TO GRANT VARIANCES FROM THE FLOOD PLAIN
ORDINANCE FOR APPLICATIONS WITHIN THEIR RESPECTIVE
JURISDICTIONS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue Second
Reading of the proposed Ordinance to a date certain of Decembet 17 ,2014.
BACKGROUND
On February 19, 2014, the Land Use and Development Committee ("LUDC") discussed
language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot
language, regarding transfer of Board of Adjustment powers and amendments to the
FRoM: Jimmy L. Morales, City Manager
DATE: September30,2014
SUBJECT: TRANSFER OF VARIANGE AND
READING - PUBLIC HEARING
47
Commission Memorandum
Ordinance - Variance and Flood Plain Authority
September 30, 2014 Page 2 of 3
special related acts, was referred to the full City Commission with a favorable
recommendation.
Additionally, as part of this discussion, the LUDC directed the Administration to study
various aspects of the City's Land Use Board standards and procedures, and present a
draft Ordinance at its April 9,2014 meeting. ln an effort to streamline the public hearing
process, a draft Ordinance was presented to the LUDC that recommended that both the
Design Review Board (DRB) and Historic Preservation Board (HPB) be able to vote on
variances that arise out of their review of the projects within their respective jurisdictions.
The draft ordinance also recommended transferring the authority of the Flood Plain
Management Board to the HPB and DRB again, for their respective jurisdictions. As a
result, on April 9, 2014 the LUDC referred the proposed ordinance to the Planning
Board.
ANALYSIS
The intent of the proposed ordinance amendment is focused on streamlining the City's
land use board public hearing review processes. The amendment would permit variance
requests arising out of the projects being heard by either the DRB and/or HPB, to be
reviewed and voted on by those boards, rather than necessitating the applicant to file a
separate variance application, and have separate hearings, with the Board of
Adjustment (BOA).
Additionally, as matters of flood waivers for historic buildings are better suited for the
HPB, and similarly for pre-1942 architecturally significant homes being heard by the
DRB, the proposed ordinance would transfer the authority of the Flood Plain
Management Board from the BOA to the HPB and DRB for projects within their
respective jurisd ictions.
The proposed Ordinance is subject to an affirmative vote of the electorate, in order to
amend the Related SpecialActs.
PLANNING BOARD REVIEW
On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2182).
FISCAL !MPACT
ln 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 impact.
UPDATE
On June 11, 2014, the subject Ordinance was approved at First Reading. On August 26,
2014, the ballot question to modify the Related Special Acts of the City Code, which was
required to modify the Board of Adjustment rules and procedures, was approved by the
electorate. On September 10, 2014 the City Commission adopted the subject
Ordinance, with an effective date of September 20,2014.
Subsequent to the adoption of the Ordinance, Planning Department staff realized that
the language of the Ordinance would force a number of Board of Adjustment
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Commission Memorandum
Ordinance - Variance and Flood Plain Authority
September 30, 2014 Page 3 o'f 3
applications previously advertised for the October and November meetings, to be
removed from those agendas, and re-noticed for a different Board in December. ln
order to effectuate a proper transition phase from the BOA to the DRB and HPB, the
Administration had requested that the Ordinance be re-adopted with an effective date of
December 1,2014.
On September 17, 2014, the City Commission reconsidered the motion to adopt the
subject Ordinance, and rescheduled a new Second Reading for September 30, 2014.
Additionally on September 17, 2014, at the request of Commissioner Malakoff, the City
Commission referred additional modifications to Chapter 118 relating to variance
authority to the Land Use and Development Committee and the Planning Board (ltem
C4C). The purpose of these additional modifications will be to better clarify the exact
roles of the Board of Adjustment and the DRB/HPB.
ln order for the proposed changes contemplated in the current referral to the LUDC and
Planning Board to be incorporated into a revised Ordinance, the Administration is
recommending that the 2nd Reading adoption of the Ordinance be continued to a date
certain of December 17,2014.
CONCLUSION
The Administration recommends that the City Commission open and continue Second
Reading of the proposed Ordinance to a date certain of December 17,2014.
JLM/JMJ/TRM
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TRANSFER OF VARIANCE AND FLOOD PLAIN WAIVER AUTHORITY TO THE DESIGN
REVIEW BOARD AND HISTORIC PRESERVATION BOARD.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATIVE AND REVIEW PROCEDURES,'' ARTICLE VIII,
..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118-351, "DETERMINATION OF JURISDICTION,'' SECTION
118-352, "PROGEDURE;" ARTICLE ll, "BOARDS," DIVISION 3, "DESIGN
REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES;" DIVISION
4, "HISTORIC PRESERVATION BOARD," SECTION 102, "POWERS AND
DUTIES;" DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-136,
"POWERS AND DUTIES;" TO AMEND THE JURISDICTION OF THE
BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIG
PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND
HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES
PRESENTED IN APPLICATIONS WITHIN THEIR RESPECTIVE
JURISDICTIONS, AMENDING THE AUTHORITY OF THE BOARD OF
ADJUSTMENT TO REFLECT THAT CHANGED AUTHORIZATION, AND
TO TRANSFER THE AUTHOR!ry OF THE BOARD OF ADJUSTMENT
ACTING AS THE FLOOD PLAIN MANAGEMENT BOARD TO THE
DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS, TO
AUTHORIZE SUCH BOARDS TO GRANT VARIANCES FROM THE
FLOOD PLAIN ORDINANCE FOR APPLICATIONS WITHIN THEIR
RESPECTIVE JURISDIGTIONS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILIry AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations provides for the
regulation of land and establishes the jurisdiction and authority of the various land use
boards within the City, and
WHEREAS, the City Commission has determined that it is in the best interests of the
City to reorganize the responsibilities of the various land use boards, so that the process is
made more efficient for property owners seeking development approvals from land use
boards; and
WHEREAS, one efficiency that the Commission seeks to provide through this
ordinance is to allow the Design Review Board and Historic Preservation Board, when
applications are presented to them, to consider and if appropriate grant variances that are
contained in such plans, and expressly requested as part of the applications presented; and
WHEREAS, when the Design Review Board and Historic Preservation Board
considering plans that have flood plain implications, such boards should also have
authority to grant variances from the flood plain regulations, where appropriate; and
WHEREAS, the Planning Board recommended approval at its meeting dated May
27,2014 by a vote of6-0; and
WHEREAS, to the extent that the transfer of authority over variances from the Board
of Adjustment to the Design Review and Historic Preservation Boards required the approval
of the voters, such approval occurred at the election held on August 26,2014; and
are
the
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WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry GOMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, "Administrative and Revlew Procedures," Article Vlll, "Procedure
for variances and administrative appeals," Sections 1 18-351, "Determination of Jurisdiction,"
and 118-352, "Procedure," of the Land Development Regulations, are hereby amended to
read as follows:
Sec. 118-351. Determination of jurisdiction.
**
All variance requests shall be submitted to the city attorney for a determination of
whether the requested variance or administrative appeal is properly before the board of
adjustment, desion review board. or historic preservation board, and whether it
constitutes a change or amendment to these land development regulations. The
jurisdiction of the each board +aajustpnen+ shall not attach unless and until the board
has before it a written opinion from the city attorney that the subject matter of the
request is properly before the board. The written recommendations of the planning and
zentng director shall be before the board prior to its consideration of any matter before
it. Comments from other departments, including, but not limited to, the public works
department and the planning, design and historic preservation division, shall be
incorporated into these recommendations.
Sec. 118-352. Procedure.
(e)Requests for variances before the design review board or historic preservation board
shall follow the orocedures for consideration of applications set forth in the land
development requlations for those boards.
SEGTION 2. Chapter 118, "Administrative and Review Procedures," Article ll, "Boards,"
Division 3, "Design Review Board," Sec.118-71, "Powers and Duties," Division 4, "Historic
Preservation Board,"Sec.118-102, "Powers and Duties," and Division 5, "Board of
Adjustment," Sec. 118-136, "Powers and duties," of the Land Development Regulations, are
hereby amended to read as follows:
Division 3, "Design Review Board," Sec.118-71, "Powers and Duties."
16; To authorize tne qrantino of i/ariances acclrdins to the vlriance rules. procedures
and criteria in section 1 18-353. 1 18-355. 1 18-356 and 1 18-357, upon application for
proiects fallinq within the iurisdiction of this board. An affirmative vote of five-
sevenths of all members of the board shall be necessarv to approve anv variance
request. ln orantinq a variance, the desion review board mav prescribe appropriate
conditions and safequards. Violation of such conditions and safequards. when
made a part of the terms under which the variance is qranted, shall be deemed a
violation of these land development requlations.
2
51
(7) The desiqn review board shall serve as the citv's floodplain manaoement board for
applications concerninq properties within its iurisdiction. and shall have the authoritv
to exercise all powers and perform all duties assiqned to such board pursuant to
section 54-31 et seq. and Resolution No. 93-20698, and in accordance with the
procedures set forth therein as such ordinance and resolution mav be amended
from time to time.
Division 4, "Historic Preservation Board,"Sec.118-102, "Powers and Duties."
(5)To authorize the qrantino of variances accordinq to the variance rules. procedures
and criteria in section 118-353. 118-355, 118-356 and 118-357. upon application for
proiects fallinq within the iurisdiction of this board. An affirmative vote of five-
sevenths of all members of the board shall be necessarv to approve anv variance
request. ln orantinq a variance, the historic preservation board mav prescribe
appropriate conditions and safequards. Violation of such conditions and safequards.
when made a part of the terms under which the variance is qranted. shall be deemed
a violation of these land development requlations.
with regard te varianees asseeiated with preperties designated as histerie sites;
histerie buildings, histerie struetures' histerie imprevements; histerie landseape
Register Distriet threugh written reeemmendatien te be read inte the reeerd by the
planning and zening direeter at the beard ef adjustment's hearing,
(13) The historic preservation board shall serve as the citv's floodplain manaqement
board for applications concernino properties within its iurisdiction, and shall have
the authoritv to exercise all powers and perform all duties assiqned to such board
pursuant to section 54-31 et seq. and Resolution No. 93-20698, and in accordance
with the procedures set forth therein as such ordinance and resolution mav be
amended from time to time.
Division 5, "Board of Adjustment," Sec. 1 18-136, "Powers and duties."
(2)To authorize, upon application, a-€u€l+-variances from the terms of these land
development regulations as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of a provision of these land development
regulations would result in unnecessary and undue hardship, except variances
requested on properties subiect to the iurisdiction of the desion review board or
historic preservation board. An atfirmative vote of five-sevenths of all members of the
board shall be necessary to approve any variance request.
(b) The board of adjustment shall serve as the city's floodplain management board, for
properties within its iurisdiction. and shall have the authority to exercise all powers
and perform all duties assigned to such board pursuant to section 54-31 et seq. and
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Resolution No. 93-20698, and in accordance with the procedures set forth therein as
such ordinance and resolution may be amended from time to time.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 5. SEVERABILITY.
lf 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 @ien on December 1.
2014.
PASSED and ADOPTED this day of
ATTEST:
MAYOR
CIry CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
2014.
& FOR EXECUTION
\------ ^1zzlk
First Reading: June 11,2014
Second Reading: September 10,2014
Second Reading (Reconsidered): September 30, 2014
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ikemreugn denotes deleted lang uage
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ttlAlll XEIIIO I HramiHerald com LOCAL& STATE SAIURDAY. SEPT€i1BER 20. 2014 I 78
CITY OF MIAMIBEACH
NOTICE CIF PUBLIC HEARING
I{OTICE lS HEREBY given th€t I Second Reading Public
Hearing will he held by the Mayor and City Commission
of rh6 Clty of Miami Beach, Florida, in lhe Commission
Chambers, 3rd floor. City Hall, 1700 Convention Center
Drive. Miami Eeach, Florida. on Tuesday, Soptombsr 3{1,
2014, at 5:10 p.m., or as soon thereafter as the matter can be
heard, to consider the following:
An Ordinance AmendingThe Land Developrfl ent Regulstions
OfThe City Code, ByAmending Chapter 1'l& "Admlnistratlve
And Review Procedures," Anlcle Vlll, "Procedure For
Variances And Administrative Appealsl S€ction 11&
351, "Determination Of Jurisdiction," Section I18-352,
'Procedurei" Article ll, "Boardsi Division & 'Deslgn Review
Boardl Section 1I&71, 'Powers And Duties;" Division 4
"Hirtoric Presarvation Boardl Section 102, "Fowers And
Duties;" Division 5, "Board Of Adjustmenti Section 11&
136, 'Powers And Dulies:" To Amend The Jurisdiction Ol
The Boards Of Adjustment, Design Review. And Historic
Preservation gy Authorizing The Design Review And
Historic Preservation Boards To Grant Variances Presented
ln Applications \ilithin Their Hespective Jurisdictions,
Amending The Authority Of The Board Ol Adiustment To
Rellect That Chonged Authorization, And To Transfer The
Authority Of The Board Of Ad,ustment Acling AsThe Flood
Plain Management BoardToThe Design Review And Historic
Preservstion Boards, To Authorize Such Boards To Grant
Variances FromThe Flood Plain Ordinance For Applicatioils
Within Their Respective Jurisdicrions; Providing For
Repealer; Codification Severability And An EffeLtive Date.
lReconside6tion of Effactive Dato to December 1, Sttit.l
lnciuiries may be directed to the Plannlng Department at
305.6V3.7550.
lnterested parties are invited to appear at this meeting, or
be represented by 6n agent, or to express their views in
writing addressed to the City Commission, c1o the City Clerk,
1700 Convenlion Center Drive, 1d Floor, City HBll. Miami
Beach, Florlda 33139. A copy of this item is available for
public inspection during normal business hours in the City
Clerk's Office, 1700 Convention Cent.r Drive, 1.I Floor, City
Hall, Miami Beach, Florida 33'l39.This meeling, or any item
therein, may b6 cofitinued, and under such circumstances,
additional legal notice need no1 be provided,
Pursuant to Ssction 286.0105, Fla. St8t., the City hereby
advises the public that il a person decides to appeal any
decision made by the City Commlssion with respect to any
mafter considered at its mee'ting or its hearing, such person
musl ensure thal a verbatim rocord of the proceedings is
made, whlch record includes the testimony and evidence
upon which the appeal is to be based. This notlce does
not constitute consent by the City lor the introduction or
admission of otherwise inadmissible or irrelevaflt evidence,
nor does it authorize challenges or appeals not olherwise
allowed by law.
To requestthis material in accessible format. sign language
interpreters, information on access for persons with
disabilities and./or any accommodation to revlew any
document or participate in any City-sponsored proceeding,
please contact us tive days in advanc6 at 305.873,7411{voice}
orTTY users may slso call the Florida Helay Servlce at?11.
Ra{ael E. Granado, City Clerk
City of Miami Eeach
!r39
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