R5O-Demolition Procedures Outside Of Historic Districts -Malakoff-COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance amendment regarding tne procedures for the iss.rance of
demolition permits forarchitecturally significant pre-1942 single family homes in orderto complywiththe requirements of the Florida Building Code, and establish formal demolition procedures for
structures that are not located within a local historic district or as a historic site.
lncrease satisfaction with neighborhood character. lncrease satisfaction witn devetoprnent anO
SupportingData(Surveys,EnvironmentalScan,etc48o/oofresioentiatreM
businesses rate the effort put forth by the Citv to reoulate d is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would amend the requirements to obtain a full building permit prior to
obtaining a demolition permit for architecturally significant pre-1942 single family homes in order to
comply with the requirements of the Florida Building Code. Rather than require a full building permit,
the modification requires that a building permit process number be issued, that the building permit
application be reviewed and approved by the Planning Department, and that all applicable -fees for
new construction be paid. ln addition, the proposed Ordinance creates formal demolition procedures
for structures located outside of historic districts.
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.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and schedule a second Readinq Public Hearinq for Mav 6. 2015.
onFebruary24,2015,thePlanningBoard(voteof5-0),trans
City Commission with a favorable recommendation. (Planning Board File No. 21gg).
Financial !nformation:
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGENDA\201S\April\Demolition Procedures outside of Historic Districts - First
AGENDA rrEii R50MIAMIBEACHDArE {/-ts{(451
MIAMIBEACH
City of Miomi Beoch, '1700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM:
DATE:
SUBJECT f Historic Districts
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) oF THE clrY coDE, BY AMENDING cHAprER
114, ,,GENERAL PROVISIONS," SECTION 114-1, ,,DEFINITIONS," By
INGLUDING A DEFlNlrloN FoR A PHASED BUILD|NG pERMrr; By
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE !!, "DISTRICT REGULATIONS," DIVISION 2, "RS.l, RS.2, RS-3,
RS.4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142.108,..PROVISIONS FOR THE DEMOLITION OF SINGLE-FAMILY HOMES
LOCATED OUTSIDE OF HISTORIC DISTRIGTS;,, By AMENDTNG THE
REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE OF A
DEMOLITION PERMIT AND BY MODIFYING THE CRITERIA TO OBTATN A
DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING
PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE.1942 SINGLE
FAMILY HOMES; BY AMENDING GHAPTER 142, "zoNrNG DrsrRrcrsAND REGULATIONS," ART!CLE !V, "SUPPLEMENTARY DISTRICT
REGULATIONS," BY CREATING DIVISION 8, "DEMOLITION RULES AND
PROGEDURES," TO ESTABLISH FORMAL DEMOLITION RULES AND
PROCEDURES FOR STRUCTURES THAT ARE NOT LOCATED WTTHIN ALOCAL HISTORIC DISTRICT, THAT ARE NOT TNDIVTDUALLY
DESIGNATED AS A HISTORIG SITE, THAT ARE NOT INDIVIDUALLY
DESIGNATED AS A HISTORIC STRUCTURE OR THAT ARE NOT
ARCHITECTURALLY SIGNIFICANT PRE.I942 SINGLE.FAMILY HOMES;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITy; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for May 6,2015.
TO:Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
April 15,2015
Demolition Procedures Outside
F!RST READING
452
Commission Memorandum
Ordinance Amendment - Demolition Procedures Outside of Historic Districts
April 15, 2015 Page 2 of 5
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(f)(2) and Section 118-564(f)(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
& 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(fX6) to eliminate any
453
Commission Memorandum
Ordinance Amendment - Demolition Procedures Outside of Historic Districts
April15,2015 Pase 3 ol 5
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 November 19, 2014, the City Commission referred the Ordinance amendments to
the Planning Board.
ANALYS!S
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;r 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, City Code Section 118-108(0(2) requires
that a full building permit for new construction be issued prior to the issuance of a total
demolition permit.
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 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 as it reduces speculative
demolition. Due to this conflict, however, the proposed Ordinance amendments include
minor modifications to the current demolition procedures set forth in the LDR's.
The proposed Ordinance amendment includes modifications to the existing applicable
code section (Sec. 142-108(f)(2)), to allow a total demolition permit to be issued prior to
the issuance of a full building permit, provided that certain minimum benchmarks be
achieved, prior to the issuance of a demolition permit. These benchmarks include:
454
Commission Memorandum
Ordinance Amendment - Demolition Procedures Outside of Historic Districts
Apnl 15,2015 Paqe 4 of 5
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 substantial investment of resources, which would
significantly reduce property speculation. Also, language has been added regarding the
recycling of debris created by the demolition of a structure.
Second, the Ordinance amendment includes the introduction of formal demolition rules
and procedures, similar to those set forth in the single family home development
regulations, within the Land Development Regulations for buildings located within
multi0family and commercial districts, which are not individually designated historic or
located within a local historic district. These rules and procedures utilize the same
benchmarks noted above.
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 Sig nificance.
Separate from the proposed Ordinance amendments, but as part of a revised Tree
Ordinance recently adopted by 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
455
Commission Memorandum
Ordinance Amendment - Demolition Procedures Outside of Historic Districts
April15,2015 Page 5 of 5
Code to issue Emergency Demolition Orders.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
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 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 a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for May 6,2015.
,r@^*/rirAB/RAM
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456
DEMOLITION PROCEDURES OUTSIDE OF HISTORIC DISTRICTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR,s) OF
THE CIry CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION
114.1, "DEFINITIONS,'' BY INCLUDING A DEFINITION FOR A PHASED BUILDING
PERMIT; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRIGT REGULATIONS," DIVISION 2, "RS.l, RS.2, RS.3, RS.4 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.I942 SINGLE FAMILY HOMES;
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE
IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY GREATING 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 A
HISTORIC SITE, THAT ARE NOT INDIVIDUALLY DESIGNATED AS A HISTORIC
STRUCTURE OR THAT ARE NOT ARCHITECTURALLY SIGNIFICANT PRE.1942
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, not individually designated as an
Historic Site or Historic Structure or has not been determined to be an Architecturally
Significant Pre-1942 Single Family Home, and is 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 Planning Board, at its meeting dated February 24,2015, by a vote of
6-0, recommended in favor of the Ordinance; and
WHEREAS, Section 1.06 of the City Charter requires a public vote referendum prior
to enacting reduced power and duties of Historic Preservation Board ('HPB'), or less
stringent historic preservation standards or regulations; and
457
WHEREAS, the City's Building Official, in interpreting and reviewing the Florida
Building Code ('FBC") has determined that a full construction permit cannot issue while the
structure remains as the FBC requires the City permit to specifically identify current site
conditions which site conditions would not be consistent with a vacant lot; and
WHEREAS, if the building remains, the Building Official cannot sign-off on the plans
that should reflect a vacant lot when the lot is not vacant, and
WHEREAS, demolition could change the lot conditions due to unknown obstacles or
conditions; and
WHEREAS, due to this conflict between State law and City Code, the City Code is
recommended to be modified to require compliance with all building permit payments,
impact fees, etc., but not require a final issued building permit as doing so would conflict
with the FBC; and
WHEREAS, due to this conflict, the City Code relating to HPB is not being "lessened"
but rather it is being enhanced to comply with FBC requirements; 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 MIAMI BEACH, FLORIDA:
SECTION 1. The Miami Beach City Code, Chapter 1 14, "General Provisions," Section 114-
1, "Definitions," is hereby amended as follows:
Sec. 114-1. Definitions.
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 cleady indicates a
different meaning:
Phased buildrno permll means a permit issued bv the deeisna+ed buildinq official, his/hcr
desionee or the authorized aqe allows for the
construction of foundations or anv other part of a buildinq 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 a
permit for the foundation or other parts of a buildinq or structure shall proceed at the pemnjt
holder's own risk* with the buildino operation and without assurance from the Buileling
Otficiattnat a perm
SECTION 2. That Chapler 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:
2458
DIVISION 2. RS.1, RS.2, RS.3, RS.4 SINGLE.FAMILY RESIDENTIAL DISTRICTS
Sec. 142-108. - Provisions for the demolition of single-family homes located outside
of historic districts.
(0 lssuance of demolition permits for architecturally significant homes and homes
constructed after 1942.
(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 aJull
all of the followinq
criteria are satisfied:
a. the issuance of a buildinq permit process number for new
construction:
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:
d. all debris associated with the demolition of the structure shall be re-
cvcled. in accordance with the applicable requirements of the Florida
Buildino Code.
(3) A demolition permit for the total demolition of a sinole-familv home constructed
after 1942 shall onlv issue after notice of demolition is posted at the subiect
propertv for at least 10 consecutive davs.
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. 142-1221. Purpose.
The purpose of this section is to establish formal demolition rules and procedures for
structures citv wide.
459
Sec. 142-1 222. Applicabilitv.
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 and are
not individuallv desiqnated as an historic site.
Sec. 142-1223. Rules and Procedures
Notwithstandinq the development reoulations contained in chapters 118 and 142. the
followino shall applv to all applicable structures, with the exception of accessorv buildinqs
and accessory 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 followinq criteria shall be satisfied:
(1) A replacement proiect for the propertv shall be reviewed and approved bv the
Desiqn Review Board.
(2) A buildinq permit process number for the replacement proiect shall be issued.
(2) The buildins permit application and required plans for the replacement proiect
shall be reviewed and approved bv the Plannino Department:
(3) All applicable fees for the replacement proiect shall be paid. includinq but not
limited to. buildinq permit and impact fees. as well as applicable concurrencv
and parkino impact fees:
(4) all debris associated with the demolition of the structure shall be re-cvcled. in
accordance with the applicable requirements of the Florida Buildinq Code.
(b) Emeroencv demolition orders. This section shall not supersede the requirements of
the applicable buildinq code with reoard to unsafe structures and the issuance of
emeroencv demolition orders, as determined bv the building official.
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.
SECTTON 5. CODIF!CATION
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.
SECTION6. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
4460
SECTION 7. EFFEGTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
2015.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
3-L5'1,
Date
First Reading: April 15, 2015
Second Reading. May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
Strike$rcugh denotes deleted lang uage
Double-unclerlinc denotes additions after First Reading
@ denotes deletions after First Reading
[Sponsored by Commissioner Malakoffl
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