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2007-3564 OrdinanceORDINANCE NO 2007-3564 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," OF THE CITY CODE, BY AMENDING ARTICLE VII, "DIVISION OF LAND/LOT SPLIT," BY EXPANDING THE REVIEW CRITERIA FOR THE REVIEW OF REQUESTS FOR A DIVISION OF LAND/LOT SPLIT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, review criteria are necessary for the proper review and evaluation by the Planning Board for the requests to divide/split a parcel of land; and WHEREAS, the preservation of neighborhood character is an important quality to protect; and WHEREAS, new construction that is compatible with the prevailing character of existing residential neighborhoods should be encouraged and promoted; and WHEREAS, these review criteria for the division of land/lot split will accomplish these goals and ensure that the public health, safety and welfare will be preserved NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 118, "Administration and Review Procedures," Article VII, "Division of Land/Lot Split," is hereby amended as follows: Sec. 118-321. RFSSed~re. Purpose, Standards and Procedure Qe~n~ v TeFe•r ~ n~4vi-! h~i n„ rr~hor ~ ~tcr~ne ~R~n~~ inn in .~ r~1~4 ~f ~ c - ~ r ~ ` > > In order to maintain open space and neighborhood character, wherever there may exist a main permitted structure and any accessory/auxiliary building or structure including, but not limited to, swimming pools, tennis courts, walls, fences, or any other improvement that was heretofore constructed on property containing one or more platted lots or portions thereof, such lots shall thereafter constitute only one building site and no permit shall be issued for the construction of more than one main permitted structure on the site unless the site is approved for the division or lot split by the planning board. No lot(s), plot(s) or parcel(s) of land, whether improved or unimproved or building site, as defined herein, designated by number, letter or other description in a plat of a subdivision, shall be further divided or split, for the purpose, whether immediate or 1 of 4 future of transfer of ownership or development, without prior review and approval by the planning board. Lots shall be divided in such a manner that all of the resulting lots are in compliance with the regulations of these land development regulations. All lot lines resulting from the division of a lot shall be straight lines and consistent with the configuration of the adjoining lots. If a main permitted structure is demolished or removed therefrom, whether voluntarily, involuntarily, by destruction or disaster, no permit shall be issued for construction of more than one main permitted structure on the building site unless the site is approved for the division or lot split by the planning board. A. Procedure (1) All applicants shall provide as part of the application process copies of all deed restrictions, reservations or covenants applicable to the building site, lot, plot or parcel of land being considered for division or split, and an opinion of title evidencing that any such matters do not prevent or serve as exceptions to the division or split requested. No variance from this requirement shall be allowed. (2) Any applicant requesting the establishment or separation of building sites shall pay the fee for division of lot or lot split as provided in appendix A. The fees in this section are for the purpose of defraying expenses of public notices and other administrative costs in connection with processing applications. An additional fee as provided in appendix A shall be required for an after-the-fact application. (3) If a deferment or an extension of time is requested by the applicant, an additional fee as provided in appendix A shall be assessed. (4) If a request for a deferral is submitted by the administration or the planning board, and not at the request of an applicant, there will be no additional charge. (5) If the applicant withdraws the application after it has been accepted by the planning department, but prior to the public noticing of the request, the city shall refund 50 percent of required fees. {~} B. Review criteria. In reviewing an application for the division of lot and lot split, the planning board shall apply the following criteria: a~ Whether the lots created are divided in such a manner that they are in compliance with the regulations of these land development regulations. ~~ Whether the building site created would be equal to or larger than the majority of the existing building sites, or the most common existing lot size, and of the same character as the surrounding area. u Whether the scale of anv proposed new construction is compatible with the as-built character of the surrounding area, or creates adverse impacts 2 of 4 on the surrounding area; and if so, how the adverse impacts will be mitigated. s. ~ Whether the building site created e~ would result in existing structures becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations, and how the resulting nonconformities will be mitigated. d~ Whether the building site created would be free of encroachments from abutting buildable sites. (~} C. Final decision. In granting a division of land/lot split, the planning board may prescribe appropriate conditions and safeguards, including but not limited to a condition restricting the size of new structures to be built on the resulting lots, based upon the application's satisfaction of and consistency with the criteria in subsection B above, and the board's authority under section 118-51. Violation of such conditions and safeguards, when made a part of the terms under which the division of land/lot split is granted, shall be deemed a violation of these land development regulations. The decision of the planning board shall be final and there shall be no further review thereof except by resort to an appellate court of competent jurisdiction by petition for writ of certiorari. {~ D. Procedure to request adjustment to the after-the-fact fee. The planning board may adjust the after-the-fact fee based on substantial competent evidence that there are extenuating circumstances that warrant such an adjustment. The request for a fee adjustment shall be in writing at the time the application for a lot split is filed with the planning department. The adjusted after-the-fact fee shall not be less than the regular application fee. 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. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 3of4 SECTION 5. Effective Date. This Ordinance shall take effect ten days followi PASSED and ADOPTED this 11th day of July ` L, 2007. / / ATTEST: u ~~,, AA Cam` W~ CITY CLERK Robert Parcher First Reading: Second Reading: Verified by: ~ ~~ ~~'` Jorge G. Gomez, AICP Planning Director Underscore denotes new language ~~eag# denotes deleted language vid Dermer MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION 5 lip%y~ a~ City t y Date T:WGENDA\2007\jun0607\Regular\1800 -Lot split criteria CC 6-6-97 Ord.doc 4of4 COMMISSION ITEM SUMMARY An Ordinance amending the Land Development Regulations of the City Code Chapter 118, "Administration and Review Procedures," Article VII, entitled "Division of Land/Lot Split." Condensed Title: (ey Intended outcome Supported: Increase satisfaction with development and growth management in neighborhoods and across the Supporting Data (Surveys, Environmental Scan, etc.): Development construction was ranked No. 5 by residents as one of the changes that will make Miami Beach a better place; impact of construction was ranked No. 4 as most important area affecting the quality of life; and 57% of residents rated the pace of new construction across the City as too much or much too much. Should the City Commission adopt the. proposed ordinance revising the review criteria for lot splits, and also clarifying the language for improved clarity of these regulations. Issue: Item Summary/Recommendatilon: SECOND READING PUBLIC HEARING When reviewing applications for lot splits, the City Code and the review criteria contained therein provides guidance on whether the request can be granted. The Planning Board requested a review of the existing criteria and to draft amendments as necessary that would more consistently review context, neighborhood character and compatibility with prevailing neighborhood character, including the restriction of new structures to be built on resulting lots. The Administration recommends that the City Commission adopt the proposed ordinance. Advisory Board Recommendation: At the January 23, 2007 meeting, the Planning Board recommended by a unanimous vote (4-0, 3 members absent) that the City Commission adopt the ordinance. At the May 14, 2007 meeting, the Land Use and Development Committee voted 3-0 recommending that this ordinance go forward to the full City Commission. Financial Information: Source of Amoulnt Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: The ro osed Ordinance is not ex ected to have an fiscal im act. Ci Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares Si n-Offs: Department Director As~istapt City Manager City Manager T:WGENDA\2007\ju11107\Regular\1800 -Lot split m MIAMIBEACH CC 2nd rdg 7-11-07 sum.doc AGENDA ITEM ~ `~'~ DATE ~~~ ,v m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 11, 2007 SECOND READING PUBLIC HEARING SUBJECT: Lot Split Criteria. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," OF THE CITY CODE, BY AMENDING ARTICLE VII, "DIVISION OF LAND/LOT SPLIT," BY EXPANDING THE REVIEW CRITERIA FOR THE REVIEW OF REQUESTS FOR A DIVISION OF LAND/LOT SPLIT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND When reviewing applications for lot splits, staff is guided by the City Code and the review criteria contained therein. The Planning Board requested a review of the existing criteria and draft amendments as necessary that would more consistently review context, neighborhood character and compatibility with prevailing neighborhood character. The process for analyzing the requests for lot splits entails the review of an area or neighborhood to determine the average, median and mode of parcels in the area, the size of existing structures in the same area and the year the structures were built. The necessary information is obtained from the Miami-Dade County Appraiser's Office, which is analyzed in a spreadsheet format from which recommendations are made for approval or denial of the request. ANALYSIS The Planning Board requested a review of the existing criteria and to draft amendments as necessary that would more consistently review context, neighborhood character and compatibility with prevailing neighborhood character, including the restriction of new structures to be built on resulting lots. City Commission Memorandum Lot Split criteria July 11, 2007 Page 2 Below is a sample of the type of analysis that is made, from which recommendations are made to the Planning Board, including a recommended maximum size of the structure that should be built on a resulting vacant parcel. Table 1. Analysis of All Properties on Block XX, XX Subdivision Address Year Built Lot size House Size Est. Gross Site subject to lot s lit 1925 14,298 2,623 3,148 XXX 1940 7,320 1,922 2,306 1957 7,320 2,631 3,157 1938 7,320 2,716 3,259 1951 7,320 2,595 3,114 1948 7,320 2,035 2,442 1960 7,320 3,110 3,732 1938 7,320 2,183 2,620 1930 6,612 3,376 4,051 1933 6,612 2,756 3,307 1935 6,612 2,749 3,299 1935 6,612 2,461 2,953 Avera e 7,063 2,594 3,113 Median 7,320 2,631 3,157 Mode 7,320 #N/A #N/A The result of the analysis would be similar to following summary: Summary of the break-down of properties Total parcels excluding subject site: 11 Average of all parcels = 7,063 sq. ft. Median = 7,320 sq. ft. No. of parcels below the median = 4 It should be noted that the Property Appraiser's data are based on adjusted square feet, and the difference between adjusted and gross is approximately 20% above the adjusted. The Property Appraiser adjusts the square footage of a structure based on livable space; for instance, an open terrace is not calculated into the size of the structure, and a second floor is adjusted as a percentage of the first floor. Based on the table above, if the resulting parcel on this lot split approximates the median, then the recommendation for the size of the new structure would be approximately 3,157 square feet, which represents an adjustment of + 20% in order to achieve a gross square feet. The review criteria have been revised incorporating language that conforms to the purpose and intent of these regulations and the procedures used to analyze these types of requests. For instance, as demonstrated in the sample table above, and as proposed to be amended, the criteria look at the creation of new lots that are in compliance with the Land Development Regulations of the City Code, the most common existing lot size, whether the scale of the new construction is compatible with the as-built character of the area, and if nonconformities are created. City Commission Memorandum Lot Split criteria July 11, 2007 Page 3 a~ Whether the lots created are divided in such a manner that they are in compliance with the regulations of these land development regulations. b~ Whether the building site created would be equal to or larger than the majority of the existing building sites or the most common existing lot size, and of the same character as the surrounding area. W hether the scale of any proposed new construction is compatible with the as-built character of the surrounding area or creates adverse impacts on the surrounding area• and if so how the adverse impacts will be mitigated. s. ~ Whether the building site created ehatl would result in existing structures becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations, and how the resulting nonconformities will be mitigated. ~~ Whether the building site created would be free of encroachments from abutting buildable sites. Lastly, the proposed amendments also clarify that the Planning Board may prescribe appropriate conditions and safeguards, including but not limited to a condition restricting the size of new structures to be built on the resulting lots, based upon the application's satisfaction of and consistency with the criteria. The ordinance is also proposing minor shifting and re-writing of the section in order to create a better understanding and flow of the regulations. In doing so, it was realized that the purpose of this regulation, although stated within the text, was not clearly identified, thus "Purpose" is included in the title of the section. The proposed amendment further clarifies the procedure and review criteria by dividing these into subsections thereby creating better fluidity for the reader. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. PLANNING BOARD ACTION At the January 23, 2007 meeting, the Planning Board recommended by a unanimous vote (4-0, 3 members absent) that the City Commission adopt the ordinance. LAND USE AND DEVELOPMENT COMMITTEE At the May 14, 2007 meeting, the Land Use and Development Committee voted 3-0 recommending that this ordinance go forward to the full City Commission. CITY COMMISSION ACTION At the June 6, 2007 meeting the City Commission approved on first reading the proposed ordinance. City Commission Memorandum Lot Split criteria July 11, 2007 CONCLUSION Page 4 The Administration recommends that the City Commission adopt the proposed ordinance. Pursuant to Section 118-164(3), when a request to amend the Land Development Regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the City. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance by an affirmative five- sevenths vote. JMG/TH/J~/ML T:\AGENDA\2007\ju11107\Regular\1800 -Lot split criteria CC 2nd rdg 7-11-07.doc ;~ ~ _ ~- ~.. .~ ~' r w m ._N11AIVlIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIG HEARING - IrOTiCE IS HEREBY ghren that a second reading and ~ubHc hearinge wi0 be held by the Mayor and fifty Commtalbn of tits City of Miami Beach, Florida, in the Commission Chambers, 3rd tor, Cily He11,1700 ComanUon Ceder Drive, Mlerrd Beech, ftorki'a, on Wednesday, July 11,2007, to consider the folbwing: 1(k1B am. - An Ordinance Amending The Land Development Regulations Ot The City Coda By Amending Chapter i30 "()if-StreetPori~p," ArUde hl "Design Standards,°Sectron 130-68 "Commercial Arid Noncammerclal Parking A To Permik Robotlc i~idrtp. Syalsrns in Mel flee Garages In The GU And CCC Districts. Inquiries ~ be directed to the Planning DepeAment at (305) 673-7550. ~ - Rti am. ` Amending ChepFer 118. "AdministraUai And Review Procedures, ° Of The Cfhr Code. By Nnendina Artkfe Vll, Dhn '. Of Land/t.ot Spilt,°By Expanding The Review Criteria for The Review Of Requests fwA Division Of LarbA.ot Splh. ' Inquiries may be dkecteQ to the Pisrmfnp Departrnerrt at (3O5) g73-7550. INTERESTED PARTIES are hvhed to appear et this meetlnp, or be represented by ~ spent, or to expreas''their views to addressed m the t3ty Commfssiorr, clo the City Clerk, t7Q0 Converi0on Center Dri~re,lst Floor, qty Heii, Miami 9ee¢h; Ng1de 33139. Copiee of these ordinances are available for pt~l~ fr~ectlon duiinp norrrari business. hours M the qty Cletk'! 0~oe, 1700 Crxweitlort Center Drive, tat Floor, City Hall, and Miami Beach, Floritta 33139; This meetb~g, may be corrtlnue~ egd taldar such ckcumstar~ces addf0aial legal notice would not be provided. Robert E. Percher, City Cletk _ :City of Miami Beach .the City Comm~is~on wish respect to any mei~wnsidered at ~bimeeting pr 1 ~earh~pgFSa m~iat e a vertre8n- recot~d ~ the proceedings fa, r-~de, whk;h fecoM indudes the tesOmony and evidence upon which the a la ffp be based. This notice does not rronstitu<e c~rrseM by the qty for the hdroductison.or adm~ion Qf otherwise k+adm~613 or irrelevant evidence, nor does M aufhavize ~ or appeals not otherwise Mowed by law.... To request this materfal in acceBSlMe format, sign lerrpuape Urterpretets, information on .access for persons with dleabf~e; andlor any accommodation to review any docarnerd a partlcipa#e in any cUy-sponsored proceeding, please coetac! ; (~) ~-2489 (voice). (30573-7218(TTY) fhre days in advance to initiate your request m users may awo CaA.ni.