R5B-Demolition Procedures For Pre-1942 SF Homes -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance that amends the requirements and procedures for issuance of a demolition permit prior
to the issuance of a full building permit for architecturally significant pre-1942 single family homes.
lntended Outcome Su
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
City Code Section 118-108 (f)(2) requires that a full building permit for new construction be issued
prior to the issuance of a total demolition permit for a pre-1942 architecturally significant single family
home. 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 a proposed new building on
that site. Due to this conflict, the proposed Ordinance amendment includes modifications to the
current demolition procedures set forth in the LDR's that seek to balance both interests.
On June 17, 2015, the Land Use and Development Committee recommended that the Ordinance be
sent to the Planning Board with a favorable recommendation.
On July 8,2015 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 2,2015.
The Administration recommends that the City Commission adopt the Ordinance.
AGENDA rrem R 5B
Increase satisfaction with neighborhood character. lncrease satisfaction with development and
roMh manaoement across the Citv.
Supporting Data (Surveys, Environmental Scan, etcl 48% of residential respondents and 55o/o of
businesses rate the effort put forth bv the Citv to requlate development is "about the rioht amount."
On June 23, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2262).
Financial ! nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial !mpact 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
Assistant City Manager
ING\Demo Procedures Pre 1942 SF Homes -
MIAMIBEACH D,ffE E-2-K344
MIAMIBEACH
Cify of Miomi Beoch, I Z0O Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 ND READING - PUBLIC HEARING
SUBJECT: Demolition Procedures for Pre-1942 SF Homes
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS," ARTICLE ll, ',DISTRICT
REGULATIONS," DIVISION 2, "RS-l, RS-2, RS-3, RS-4 SINGLE-FAMlLy
RESIDENTIAL DISTRICTS," SECTION 142.108, "PROVISIONS FOR THE
DEMOLITION OF SINGLE.FAMILY HOMES LOCATED OUTSIDE OF HISTORIC
DISTRICTS;,, BY AMENDING THE REQUIREMENTS AND PROGEDURES FOR
THE ISSUANCE OF A DEMOLITION PERMIT PRIOR TO THE ISSUANGE OF A
FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE.1942
SINGLE FAMILY HOMES; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On May 6,2015, at the request of Commissioner Malakoff, the City Commission referred
the subject Ordinance amendment (ltem C4B) to the Land Use and Development
Committee. The item was simultaneously referred to the Planning Board.
On June 17, 2015, the Land Use and Development Committee recommended that the
Ordinance be sent to the Planning Board with a favorable recommendation.
ANALYSIS
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. Specifically, such procedures required
Design Review Board approval for the new construction. Further, City Code Section
345
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Pre-1942 SF Homes
September 2, 2015 Paqe 2 of 4
118-108 (f)(2) requires that a full building permitfor new construction be issued priorto
the issuance of a total demolition permit.
With regard to the above noted City Code requirements for 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 a proposed new building on that site.
However, requiring that a new construction project be substantially permitted 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, the proposed Ordinance amendment
includes modifications to the current demolition procedures set forth in the LDR's that
seek to balance both interests.
The proposed Ordinance amendment includes modifications to the existing applicable
code section (Sec. 142-108 (0(2)), to allow a total demolition permit to be issued prior to
the issuance of a full building permit. Specifically, the proposed Ordinance requires that
certain minimum benchmarks are achieved prior to the issuance of a demolition permit.
These benchmarks 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 fees in
lieu of providing parking; and
4. A tree survey, if required shall be submitted and a replacement plan, if required,
shall be reviewed and approved by the Greenspace Management Division; and
5. All debris associated with the demolition of the structure shall be recycled, in
accordance with the applicable requirements of the Florida Building Code.
ln summary, a defined set of predictable rules and procedures for the demolition of
single-family homes would allow for consistency with the applicable building code. lt
would also discourage the demolition of viable single-family homes 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 remedy emergency conditions.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 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
346
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Pre-1942 SF Homes
September2,2015 Page 3 o'f 4
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.
SUMMARY
On July 8,2015, the subject Ordinance was approved at First Reading. Subsequent to
this approval, Planning staff identified minor conflicts with 2 other subsections of 142-
108. ln orderto remove these conflicts, and have the entire Section of the Ordinance be
consistent, the following additional revisions are recommended for Section 142-108:
(d) Total demolition procedures for a pre-1942 home.
(1) A building permit for the total demolition of any single-family home constructed
prior to 1942 shall only be issued following the final determination (after the
expiration of time or exhaustion of all appeals) by the planning director, or
designee, or the DRB, that the subject structure is not an architecturally
significant home. A property owner may proceed directly to the DRB, pursuant to
subsection M2-108(g); in this instance, a demolition permit shall net$e-issued
until a full building permit fer new eenstruetien has been issued onlv be issued in
accordance with subsection 142-1 08(fl.
(e) Partial demolition procedures for an architecturally significant home.
(1) A building permit for partial demolition to accommodate additions or
modifications to the exterior of any architecturally significant single-family home
constructed priorto 1942 shall be issued only upon the priorfinal approval bythe
planning director, or designee, unless appealed as provided in subsection (3)
below. ln the event an architecturally significant single-family home is proposed
to be substantially retained, the mail notice requirements in subsection 142-
108(a) shall not be required and a property owner may proceed directly to the
design review board, pursuant to subsection 142-108(9), or agree to have the
partial demolition reviewed and approved by staff, pursuant to subsection 142-
108(e)(4);ineitherinstance,ademolitionpermitshallM
onlv be issued in
accordance with subsection 142-1 08(fl.
The above noted changes, which simply reference the proposed new standard for
demolition permits, are not substantive and can be included as part of the adoption of
the Ordinance at Second Reading.
CONGLUSION
The Administration recommends that the City Commission adopt the Ordinance, with the
following additional revisions for Section 142-108.
(d) Total demolition procedures for a pre-1942 home.
(1) A building permit for the total demolition of any single-family home
constructed prior to 1942 shall only be issued following the final
determination (after the expiration of time or exhaustion of all appeals) by
the planning director, or designee, or the DRB, that the subject structure
is not an architecturally significant home. A property owner may proceed
347
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Pre-1942 SF Homes
September 2, 201 5 Page 4 of 4
directly to the DRB, pursuant to subsection 142-108(9); in this instance, a
demolition permit shall net be issued until a full building permit fer new
onlv be issued in accordance with
subsection 142-108(fl.
(e) Partial demolition procedures for an architecturally significant home.
(2) A building permit for partial demolition to accommodate additions or
modifications to the exterior of any architecturally significant single-family home
constructed priorto 1942 shall be issued only upon the priorfinal approval bythe
planning director, or designee, unless appealed as provided in subsection (3)
below. In the event an architecturally significant single-family home is proposed
to be substantially retained, the mail notice requirements in subsection 142-
108(a) shall not be required and a property owner may proceed directly to the
design review board, pursuant to subsection 142-108(9), or agree to have the
partial demolition reviewed and approved by staff, pursuant to subsection 142-
108(eX4);ineitherinStance,ademolitionpermitshallM
onlv be issued in
accordance with subsection 142-1 08(fl .
JLMiTRM/RAM
T:\AGENDAV01S\September\PLANNING\Demo Procedures Pre 1942 SF Homes - Second Reading MEM.docx
348
DEMOLITION PROCEDURES FOR PRE.1942 SF HOMES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE GITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR's) OF
THE CIry GODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE ll, ,,DISTRICT REGULATIONS," DIVISION 2, ,,RS-l, RS-2,
RS-3, RS4 SINGLE.FAMILY RES!DENTIAL DISTRIGTS," 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 PRIOR TO THE
ISSUANCE OF A FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT
PRE-{942 SINGLE FAMILY HOMES; PROVIDING FOR GODIFICATION; 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 Building Official, in interpreting and reviewing the Florida
Building Code ('FBC') has determined that a full building permit cannot be issued while a
structure remains on a site 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, 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, the Planning Board, at its meeting dated June 23, 2015, by a vote of 6-
0, recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. 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:
349
DIVISION 2. RS.l, RS.2, RS.3, RS4 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.
(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 aJrall
all of the followinq
criteria are satisfied:
a. the issuance of a buildino permit process number for new
construction:
b. the buildino 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. including but
not limited to. buildinq permit and impact fees. as well as applicable
concurrencv and parkinq impact fees,
d. A tree survev, if required, shall be submitted and a replacement plan,
if required, shall be reviewed and approved bv the Greenspace
Manaoement Division:
e.
Buildine€€C+
(g) The demolition
demolition of the s
appticaOte reouirem
SEGTION 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.
SECTION3. 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
2
350
accomplish such intention; and that the word "ordinance" may be changed to "section"
other appropriate word.
SECTION 4. SEVERAB!LITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading: July 8,2015
Second Reading: September 2,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
S+rikettc+eugh denotes deleted lang uage
[Sponsored by Commissioner Malakofl
T:\AGENDA\20'| 5\September\Pl-ANNING\Demo Procedures Pre 1942 SF Homes -Second Reading ORD.docx
3
351
oGo
!
iiEEiEEEIiEiEiiiiEBEiiEiiEiEg
1g11g11gatSBEE,irliEEaEittt?i
r-'P;c o=o!'=6= eE* Eg:s
.9'6 I:EGir: or-V O!'=.9
oooZ oE
=J o
& a€
3 E.c
.Q -:!
=,9-3., E g
d+Eo 9'5c oq<.E d
90 |if 6 E.9coO o-g=;
trctr
'qAioi96
- -(,OOra*EGO6
o.9'E@.9 o
E Bi6
EF*e
&esER>= !2 cirb d.E hg=ts
o c<(D(J O+ r>EO ail8 5 Eo Ecft'EtqEE $
E3#B
=qo'FPEU EL;@S3! _sr:#E€o-o^9.>9e
E ETEo,i E oE-! 1So o= s6.E b I>o c{Ev E i:3 aIq -o oiJ Q CE'I
:(n o strccf I
=N O-
=eEe@.boE.; tr o{94.:
E r_e"E
i I N...fi
o!o6_:,o 'i'6'= ao-Y';6PP,&i5E\
3o!
E
EOtr ..o!
-?2
Eotr!
-Qc
OO
=@
',- 6
t".L<o!
i-o
-oILoooiEoorca';oEE
20+Ooo
<-: 59-+E*o
oo
@=
.o o'C -6C9 uE
C) CPN EE..qh'N -rE
q-Oi
1! uIo 5.8
!! EEL ,9uJ +6(,) "ia
=EoocEo-!€
>6
9E.=o
3>to'
€(robo=_E6
3 (.)
Otr
=o
Oot>vc
T8Pocoor,,2 -@j>oir-U\tl,2
#()-(,,o-oBtr
-!o'=ZF
o(,_2,(JE
LU UJME
=9<6
Sf
*u-uo
I 'rrbH
oZ
tr
,t
d
Lll
fio
=
{
itl
tll
luzmF
oN
dNF
=(,
=foq
:)-F
Uz
EoqE
@o-
E
.g
=
6J
du
=sE
352
THIS PAGE INTENTIONALLY LEFT BLANK
353