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C4B -Ref- Planning Board - Establish Demolition Procedures For Properties In CMBMIAMIBEACH City of Miomi Beoch, l700 Convention Cenier Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members oflthe City C FROM: Jimmy L. Morales, City Manager DATE: November 19,2014 SUBJECT: REFERRAL TO THE PLANNING BQARD - PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS TO ESTABLISH DEMOLITION PROCEDURES FOR ALL PROPERTIES !N THE Gtw ADMINISTRATION RECOMMEN DATION Refer an Ordinance Amendment to the Planning Board for consideration and recommendation. BAGKGROUND 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 1 18-564(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: Agenda ltem C?8 Date //-/?//90 Commission Memorandum Referral to Planning Board - Demolition Procedures Ordinance November 19, 2014 Page 2 of 5 1. ltem C4L: At the request of Commissioner Weithhorn, a referral to the Land Use & 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 Sectionl42-108(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. 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. On October 22,2014, the City Commission deferred the item to a date certain of November 19, 2014, in order for the Administration to address concerns pertaining to Phased Building Permits and to provide copies of the proposed Ordinance. The sponsor for the subject legislation is Commissioner Joy Malakoff. 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: o The structure is located within the boundaries of a Local Historic District;. The structure is an individually designated Historic Site or Historic Structure;. 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 91 Commission Memorandum Referral to Planning Board - Demolition Procedures Ordinance November 19, 2014 Page 3 of 5 City Code Section 118-108(0(2) requires that a full building permitfor new construction be issued 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: 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(0(2), 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 92 Commission Memorandum Referral to Planning Board - Demolition Procedures Ordinance November 19, 2014 Page 4 of 5 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 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. UPDATE At the October 22, 2014 meeting, the City Commission requested that copies of the draft Ordinance be provided for review. The Commission also requested that the Administration review the potential impact of the Ordinance on the issuance of Phased Building Permits, particularly for non-residential projects. The attached Ordinance has been modified to address the issues raised at the October 22, 2014 Commission meeting, including the impacts on Phased Development Permits for non-residential properties. 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 the attached Ordinance Amendments to the Planning Board, which incorporates 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'. 93 Commission Memorandum Referral to Planning Board - Demolition Procedures Ordinance November 19,2014 Page Sof 5 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. JLMM T:\AGENDA\2O14\November\Referral to Planning Board - Demolition Procedures MEMO.docx 94 DEMOLITION PROCEDURES OUTSIDE OF HISTORIC DISTRICTS ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 114,.,GENERAL PROVISIONS," SECTION 114.1, "DEFINITIONS," BY !NCLUDING A DEFINITION FOR A PHASED BUILDING PERMIT; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ..DISTRIGT REGULATIONS," DIVISION 2, "RS.1, RS.2, RS.3, RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS," SECTION 142.108, ..PROVISIONS FOR THE DEMOLITION OF SINGLE.FAMILY HOMES LOCATED OUTSIDE OF HISTORIC DISTRICTS;,, BY AMENDING THE REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT AND BY MODIFYING THE CRITERIA TO OBTAIN A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE.1942 SINGLE FAMILY HOMES; BY AMENDING CHAPTER 142, "ZONING DISTRIGTSAND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY CREATING DIVISION 8, ''DEMOLITION RULES AND PROCEDURES," TO ESTABLISH FORMAL DEMOLITION RULES AND PROCEDURES FOR STRUCTURES THAT ARE NOT LOCATED WITHIN A LOCAL HISTORIC DISTRICT, THAT ARE NOT INDIVIDUALLY DESIGNATED AS AN HISTORIC SITE, THAT ARE NOT INDIVIDUALLY DESIGNATED AS AN HISTORIC STRUCTURE OR THAT ARE NOT ARCHITECTURALLY SIGNIFICANT PRE-I942 SINGLE'FAMILY HOMES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides for the regulation of land within the City; and WHEREAS, the City's LDRs do not currently provide for any formal demolition rules or procedures when a total demolition permit is requested for any structure that is not located within the boundaries of a Local Historic District, individually designated as an Historic Site or Historic Structure or has been determined to be an Architecturally Significant Pre-1942 Single Family Home, located within a Single Family Zoning District; and WHEREAS, it is appropriate for the City to adopt criteria in the LDRs by which formal demolition rules and procedures are codified for all structures located within the City and can be used by the Planning Department Staff in the review of demolition permits; and WHEREAS, it is appropriate to update the definitions in the LDRs to include a definition of a Phased Building Permit; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. 95 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA: SEGTION 1. The Miami Beach City Code, Chapter 114, "General Provisions," Section 114- 1, "Definitions," is hereby amended as follows: Sec. 1 14-1. Detinitions. The following words, terms and phrases when used in this subpart B, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Phased buldino permff, means a permit issued bv the desiqnated buildinq official. desionee or authorized aoencv or department of the citv, which allows for the construction of foundations or anv other part of a buildino or structure to be erected. constructed. demolished, altered. moved. converted. extended. enlarqed. or used. for anv purpose. in conformitv with applicable codes and ordinances before the construction documents for the whole buildinq or structure have been submitted. The holder of such permit for the foundation or other parts of a buildinq or structure shall proceed at the holder's own risk with the buildinq operation and without assurance that a permit for the entire structure will be qranted. SEGTION 2. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," Division 2, "Single Family Residential Districts," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 2. RS-l, RS-2, RS-3, RS,4 SINGLE-FAMILY RESIDENTIAL DISTRIGTS Sec. 142-108. - Provisions for the demolition of single-family homes located outside of historic districts. lssuance of demolition permits for architecturally significant homes and homes constructed after 1 942. (1) Emergency demolition orders. This section shall not supersede the requirements of the applicable building code with regard to unsafe structures and the issuance of emergency demolition orders, as determined by the building official. (2) A demolition permit for the total demolition of an architecturally significant single-family home constructed prior to 1942, shall not be issued unless a{uJl all of the followinq criteria are satisfied: a. the issuance of a buildino permit process number for new construction: (0 2 96 b. the buildinq permit application and all required plans for the new construction shall be reviewed and approved bv the Planninq Department: c. all applicable fees for the new construction shall be paid, includinq but not limited to. buildino permit and impact fees. as well as applicable concurrencv and parkinq impact fees. (3) A demolition permit for the total demolition of a sinqle-familv home constructed after 1942 shall not be issued for a period of 10 davs after the subiect propertv has been posted. SECTION 3. The Miami Beach City Code, Chapter 142, "Zoning Districts and Regulations", Article lV, "Supplementary District Regulations", Division 8, "Demolition Rules and Procedures" is hereby created as follows: DIVISION 8. DEMOLITION RULES AND PROCEDURES Sec. 1 42-1221 . Puroose. The purpose of this section is to establish formal demolition rules and procedures for structures citv wide. Sec. 1 42- 1 222. Aoolicabilitv . This division shall applv to all structures located in a CD-1, CD-2. CD-3, TC-1. TC-2. TC-3, RM-1, RM-2 and RM-3 districts. which are not located within a local historic district. not individuallv desionated as an historic site. not lndividuallv desionated as an historic structure or not architecturallv sionificant pre-1942 sinole familv homes located within a Sinole Familv Zoninq District. Sec. 142-1223. Rules and Procedures Notwithstandino the development requlations contained in chapters 118 and 142. the followino shall applv to all structures, with the exception of accessorv buildinqs and accessorv structures. located within the Citv: (a) Prior to the issuance of a permit for the total demolition of a structure specified in section 142-1222. the followino criteria shall be satisfied: (1) A replacement proiect for the propertv shall be reviewed and approved bv the Desion Review Board. (2) A buildino permit process number for the replacement proiect shall be issued:(2) The buildino permit apolication and required plans for the reolacement proiect shall be reviewed and aoproved bv the Planninq Department: (3) All applicable fees for the reolacement proiect shall be paid. includino but not limited to. buildino permit and impact fees. as well as applicable concurrencv and parkino impact fees. (b) Emerqencv demolition orders. This section shall not supersede the reouirements of the applicable buildino code with reqard to unsafe structures and the issuance of emerqencv demolition orders. as determined bv the buildino official. 97 SECTION 4. 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 5. 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 6. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of 2015. ATTEST: MAYOR CITY CLERK First Reading: Second Reading: APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date First Reading: _,2015 Second Reading: _,2015 Verified by: Thomas R. Mooney, AICP Planning Director Underscore denotes new language S+rike+nreush denotes deleted language T:\AGENDA\2O14\November\Ref to PB - Demollition Procedures Outside of Historic Districts-ORD.docx 4 98 DEMOLITION PROCEDURES FOR HISTORIC STRUCTURES ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY GODE, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIG PRESERVATION," DIVISION 3, ,,ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," SECTION 1 1 8.563, "REVIEW PROCEDURE;'' AND BY AMENDING SECTION 118.564, "DECISIONS ON CERTIFICATES OF APPROPRIATENESS;,, BY AMENDING THE PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT, BY ESTABLISHING CRITERIA TO OBTAIN A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING PERMIT FOR STRUCTURES THAT ARE LOCATED WITHIN LOCAL HISTORIC DISTRICTS, INDIVIDUALLY DESIGNATED AS AN HISTORIG SITE OR INDIVIDUALLY DESIGNATED AS AN HISTORIC STRUGTURE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and generalwelfare of its citizens; and WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides for the regulation of land within the City; and WHEREAS, the City's LDRs requirement to obtain a full building permit for replacement construction prior to the issuance of a demolition is in conflict with procedures set forth in the Florida Building Code (FBC), which requires demolition prior to the issuance of a permit for construction; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAM! BEAGH, FLORIDA: SECTION 1. That Chapter 1 18, "Administration and Review Procedures," Article X, "Historic Preseryation," Division 3, "lssuance of Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 3. ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERT!FICATE TO DIG/CERT!FICATE OF APPROPRIATENESS FOR DEMOLITION * Sec. 118-563. Review procedure (c) All applications for a certificate of appropriateness for the demolition or partial demolition of any building, structure, improvement, significant landscape 99 feature, public interior or site individually designated in accordance with sections 118-591 ,118-592 and 118-593, or located within an historic district and all applications for a certificate of appropriateness for new building construction, alteration, rehabilitation, renovation, restoration or any other physical modification of any building, structure, improvement, significant 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 shall only be considered by the board following a public hearing. At least 30 days prior to the public hearing date, a description of the request with the date, time, and place of such hearing shall be (i) posted on the property, (ii) advertised in a paper of general paid circulation in the community, and (iii) be given by mail to the owners of record of land lying within 375 feet of the property. The mail notification requirement shall be the responsibility of the applicant. The historic preservation board shall decide, based upon the criteria set forth in subsection 118-564(0(4), whether or not to issue a certificate of appropriateness for demolition. A demolition permit shall not be issued until a full building per , all of the followinq criteria are satisfied. except as permitted under subsection 1 18-564(f)(6); i. the issuance of a buildinq permit process number for new construction: ii. the buildinq permit application and all required plans for the new construction shall be reviewed and approved bv the Planninq Department: iii. all applicable fees for the new construction shall be paid, includino but not limited to. buildinq permit and impact fees, as well as applicable concurrencv and parkinq impact fees. Sec. 1 18-564. Decisions on certificates of appropriateness (f) Certificate of appropriateness for demolition. (6)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 aJull until all of the followinq criteria are satisfied: a. the issuance of a buildino permit process number for new construction: 2 100 b. the buildino permit application and all required plans for the new construction shall be reviewed and approved bv the Planninq Department: c. all apolicable fees for the new construction shall be paid, includinq but not limited to. buildinq permit and impact fees. as well as applicable concurrency and parkino impact fees. For noncontributing structures located in one of the city's historic districts, this requirement may be waived or another permit substituted at the sole discretion of the historic preservation board. SECTION 2. 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 3. 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 4. SEVERABILIW. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SEGTION 5. EFFECTIVE DATE. This Ordinance shall take etfect ten days following adoption. PASSED and ADOPTED this day of 2015. ATTEST: MAYOR CITY CLERK First Reading: Second Reading: First Reading: _,2015 Second Reading: _,2015 Verified by: Thomas R. Mooney, AICP Planning Director Underscore denotes new language S+it<etl+eugh denotes deleted lang uage T:\AGENDA\2014\NovembedRef to PB - Demolition Proedures For Historic Structures-ORD.docx City Attorney Date APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION 101