C4A-Ref- Planning Board - Establish Demolition Procedures For All Properties Ing MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and of the City
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: REFERRAL TO THE PLANNING
PROPOSED AMENDMENTS TO
D-
LAND DEVELOPMENT REGULATIONS
TO ESTABLISH DEMOLITION PROCEDURES FOR ALL PROPERTIES IN THE
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ADMINISTRATION RECOMMEN DATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND
On March 11,2014, the Historic Preservation Board (HPB) discussed the issuance of demolition
permits for structures located outside of local historic districts. The Land Development Regulations
(LDRs) of the City Code do not currently provide for any formal demolition process or procedure
when a total demolition permit is requested for any commercial or multi-family structure which is
not locally designated, or within a locally designated historic district. The HPB requested that the
Mayor and City Commission consider having the Administration develop a formal process to be
included in the LDRs, which outline a procedure for the review of demolition permits for potentially
architecturally significant structures which are not locally designated.
On April 23,2014, at the request of the Historic Preservation Board, the City Commission referred
this request to the Land Use and Development Committee. On June 12,2014, the Land Use
Committee discussed the proposal, and recommended that the City Commission refer an
Ordinance Amendment to the Planning Board. On July 23, 2014, the City Commission referred an
Ordinance Amendment to the Planning Board, which incorporated the following:
1. Modifications to Sectionl42-108(0(2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. Establishment of procedures for the removal of specimen trees.
On September 10, 2014, the City Commission took the following actions regarding this item:
1. ltem C4L: At the request of Commissioner Weithhorn, a referral to the Land Use &
Agenda ttem C(4.
oate /o-lZ:k24
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
October 22, 2014 Page 2 of 4
Development Committee to revise a proposed amendment to the Land Development
Regulations to establish demolition procedures for all properties in the City. As part of this
referral, Commissioner Grieco requested that a requirement for the recycling of material
generated by demolished homes be explored.
2. ltem C4N: At the request of Commissioner Wolfson, direction and authorization was given
for the City Manager to withdraw Planning Board File No. 2199 concerning a proposed
ordinance to establish demolition procedures outside of historic districts, and refer the
Ordinance back to the Land Use and Development Committee (LUDC) to discuss the
potential impact on property rights.
On October 1, 2014, the Land Use Committee discussed the item and recommended that the City
Commission re-refer Ordinance Amendments to the Planning Board incorporating the following:
1. Modifications to Sectionl42-1Q8(fX2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. A requirement for the posting of any single family property where the demolition of a home
is proposed.
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
ANALYSIS
Currently, the Land Development Regulations (LDRs) in the City Code do not provide a process for
the approval of a demolition permit, with the exception of structures that satisfy one of the
following:
. The structure is located within the boundaries of a Local Historic District;o The structure is an individually designated Historic Site or Historic Structure;o The structure has been determined to be an Architecturally Significant Single Family Home
constructed prior to 1942.
On April 10,2002, the City Commission adopted an Ordinance establishing demolition procedures
for single family homes which were constructed prior to 1942 and determined to be architecturally
significant, which would require Design Review Board approval for the new construction. Further
City Code Section 118-1OBi0(2) requires that a full building permit for new construction be issuei
prior to the issuance of a total demolition permit.
Further, all structures located within local historic districts or individually designated as historic sites
or historic structures, are required to obtain a Certificate of Appropriateness for Demolition from the
Historic Preservation Board and be issued a full building permit for the new construction, prior to
the issuance of a demolition permit. City Code Sec. 1 18-564(0(6) states:
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Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
October 22, 2014 Pase 3 o'f 4
A building permit shall not be issued for the demolition of any building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with sections 118-
591, 118-592 and 118-593, or located within an historic district until the new or replacement
construction for the property has been approved and a full building permit for the new construction
has been issued.
Additionally, the Administration would note that the Historic Preservation Board has the discretion
to waive this requirement for structures classified as 'Non-Contributing'.
With regard to the above noted City Code requirements for a obtaining a demolition permit,
Planning Staff has been made aware that this regulation is in conflict with procedures set forth in
the Florida Building Code (FBC), which require the demolition of a structure prior to the issuance of
a permit for new construction that would replace the structure in its entirety.
The Administration believes that the concept and policy of requiring Design Review Board approval
and the issuance of a full building permit for proposed new construction prior to the issuance of a
total demolition permit is in the best interest of the City. Due to this conflict, however, the
Administration would recommend minor modifications to the current demolition procedures set forth
in the LDR's.
First, the Administration would recommend that the existing applicable code sections (Sec. 142-
108(fX2), for pre-1942 single family homes and Sec. 118-564(0(6), for historic properties) be
modified to allow a total demolition permit to be issued prior to the issuance of a full building
permit. However, the Administration would suggest that certain minimum benchmarks be achieved,
prior to the issuance of a demolition permit. These benchmarks would include:
1. The issuance of a building permit process number for new construction; and
2. The building permit application and all required plans for the new construction shall be
reviewed and approved by the Planning Department; and
3. All applicable fees for the new construction shall be paid, including but not limited to,
building permit and impact fees, as well as applicable concurrency and parking impact
fees.
These benchmarks represent a significant investment of resources, which would significantly
reduce property speculation.
Second, the Administration would recommend that formal demolition rules and procedures, similar
to those set forth in the single family home development regulations, be introduced within the Land
Development Regulations, for all buildings located within the City, which are not individually
designated historic or located within a local historic district. These rules and procedures could
utilize the same benchmarks noted above and would be located within a more general are of the
Land Development Regulations.
As it pertains to single family homes, a previous recommendation of the Land Use Committee was
to require the posting of any single family property where the demolition of a home is proposed.
This would apply, primarily to properties with existing homes constructed after the year 1942.
Currently, any home built before 1942 already has a posting requirement as part of either DRB
review, or as part of any formal determination for Architectural Significance.
As part of the revised Tree Ordinance, currently pending before the City Commission, the initial
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Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
October 22, 2014 Page 4 of 4
procedures for the removal of large, specimen trees are designed to be as follows:
1. When a new application for tree removal/relocation is sought as part of new construction or
a demolition project, an official tree survey will be required to be submitted by the property
owner/applicant to the Public Works Department showing any proposed impacts to tree
resources onsite.
2. The survey would then be reviewed by Public Works Staff (Urban Forester and or
designee) for accuracy and scope to determine if the proposed activities can proceed or
need revisions.
ln addition to this new procedure, as part of the single family demolition permitting process, specific
conditions can be inserted stating that a Greenspace Management Division plan review shall be
required and a tree work permit shall be obtained from the City prior to any existing tree or palm
removals, relocations or impacts onsite.
ln summary, a defined set of predictable rules and procedures for demolition would allow for
consistency with the applicable building code. lt would also discourage the demolition of viable
structures for speculation and prevent an excess of vacant lots. Finally, it should be noted that
none of the changes suggested herein would limit or impact the ability of the Building Official to
exercise discretion under the Florida Building Code to issue Emergency Demolition Orders.
CONCLUSION
ln accordance with the October 1,2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board, which incorporates the following:
1. Modifications to Sectionl42-108(fx2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. A requirement for the posting of any single family property where the demolition of a home
is proposed.
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
*m,frffi
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