R5H-Transfer Variance-Flood Plain Waiver Auth To DRB-HPB -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment transferring variance and flood plain waiver
authoritv to the Desiqn Review and Historic Preservation Boards.
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, EnvironmentalScan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate development is "about the riqht amount."
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. This ordinance shall not apply to
applications pending before the Board of Adjustment as of December 17,2014
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 approved the Ordinance at Second Reading. On
September 17,2014, the City Commission reconsidered the Second Reading Approval of the
Ordinance, in order to provide a new effective date of December 17, 2014. A new Second Reading
was scheduled for September 30,2014. On September 30, 2014, the City Commission opened and
continued the item to December 17,2014.
The Administration recommends that the City Commission
On May 27, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Board Recommendation:
Financia! lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact 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 longterm 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
Gity Manager
AGENDA rrenr RSH
oAlE 12.'l-?- lLlMIAMIBEACH421
MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City C mrsston
FRoM: Jimmy L. Morales, City Manager
DATE: December 17,2014 D READING - PUBLIC HEARING
SUBJECT: TRANSFER OF VARIANCE AND LOOD PLAIN WAIVER AUTHORITY TO
THE DESIGN REVIEW BOARD 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 CHAPTER 118,..ADM!N!STRATIVE AND REVIEW PROCEDURES," ARTIGLE VI!I,..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 JURISDIGTION OF THE
BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIC
PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND
HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES
PRESENTED !N APPLIGATIONS WITHIN THEIR RESPEGTIVE
JURISDICTIONS, 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 EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
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
special related acts, was referred to the full City Commission with a favorable
recommendation.
422
Commission Memorandum
Ordinance - Variance and Flood Plain Authority
December 17, 2014 Page 2 ol 3
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 j urisdictions.
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 IMPACT
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 approved the Ordinance at Second
Reading. On September 17, 2014, the City Commission reconsidered the Second
Reading of the Ordinance, in order to provide a new effective date of December 17,
423
Commission Memorandum
Ordinance - Variance and Flood Plain Authority
December 17, 2014 Page 3 of 3
2014. A new Second Reading was scheduled for September 30, 2014. On September
30,2014, the City Commission opened and continued the item to December 17,2014.
The subject Ordinance is proposed to be adopted at the same meeting as a more
detailed Transfer of Variance Authority Ordinance. Both Ordinances need to be adopted
at the same meeting.
The Administration is also recommending that an 'Exceptions' clause be included in the
Ordinance. Specifically, this Ordinance would not apply to applications pending before
the Board of Adjustment as of December 17 , 2014. The proposed Exceptions clause has
been included in the Ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/RAM
T:\AGENDA\2014\DecembeAVariance and Flood Plain Authority - MEM Second Reading.docx
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TRANSFER OF VARIANCE AND FLOOD PLAIN WAIVER AUTHORITY TO THE DESIGN
REVIEW BOARD AND HISTORIC PRESERVATION BOARD.
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATIVE AND REVIEW PROGEDURES," ART!CLE VIII,.,PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,''
SECTION 118.351, "DETERMINATION OF JURISDICTION," SECTION
118-352, "PROCEDURE;" ARTICLE !1, "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 REV!EW, AND HISTORIC
PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND
HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES
PRESENTED IN APPLICATIONS WITHIN THEIR RESPEGTIVE
JURISDICTIONS, 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; SEVERABILTTY AND AN EFFEGTIVE 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 partof the applications presented; and
WHEREAS, when the Design Review Board and Historic Preservation Board are
considering plans that have flood plain implications, such boards should also have the
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
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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 CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, "Administrative and Review Procedures," Article Vlll, "Procedure
for variances and administrative appeals," Sections 118-351, "Determination of Jurisdiction,"
and 118-352, "Procedure," of the Land Development Regulations, are hereby amended to
read as follows:
Sec. 1 18-351 . Determination of jurisdiction.
All variance requests shall be suOmitteO to the city attorney for a determination of
whether the requested variance or administrative appeal is properly before the board of
adjustment, desiqn review board, or historic oreservation board, and whether it
constitutes a change or amendment to these land development regulations. The
jurisdiction of the each board e+-adfustment 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
zoning 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. 1 18-352. Procedure.
(erRequests for variances before the desiln r]viei board or historic preservation board
shall follow the procedures for consideration of applications set forth in the land
development reoulations for those boards.
SECTION 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 autnorize tne qrantino of variincJs aJcordins to the variance rutes. proceoures
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 necessary 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
426
(7) The desion review board shall serve as the city's floodplain manaqement 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.1 18-102, "Powers and Duties."
(5)To authorize the orantinq of variances accordino 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 qrantino a variance. the historic preservation board mav prescribe
appropriate conditions and safeguards. Violation of such conditions and safeouards,
when made a part of the terms under which the variance is oranted, shall be deemed
a violation of these land development requlations.
with regard te varianees asseeiated with preperties designated as histerie sites;
Register Distriet threugh written reeemmendatien te be read inte the reeerd by the
in+
(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, e=€u€h-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 desiqn review board or
historic preservation board. An affirmative 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
3
427
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. GODIFICATION.
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. EXCEPTIONS
This ordinance shall not apply to applications pending before the Board of
Adjustment as of December 17,2014.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
ATTEST:
MAYOR
CITY CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading: June 11,2014
Second Reading:7,201
Verified by:
Thomas R., AIC
Planning Director
Underscore denotes new language
Str*etheush denotes deleted language 4
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