2007-3569 OrdinanceSingle Family Development Procedures
Partial Demolition Revisions
ORDINANCE NO. 2007-3569
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," DIVISION 2, "SINGLE-FAMILY RESIDENTIAL
DISTRICTS," BY REVISING PROCEDURES FOR THE REVIEW AND APPROVAL
OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES CONSTRUCTED
PRIOR TO 1942 AND NOT LOCATED WITHIN A DESIGNATED HISTORIC
DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITYAND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (City) places a strong emphasis on the retention and
preservation of existing, architecturally significant single family homes; and
WHEREAS, the Mayor and City Commission deem it appropriate to protect the significant
architectural history, existing building scale, and unique character of the single family residential
neighborhoods in Miami Beach; and
WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare
of the City to maintain, modify and enhance established procedures for the review and issuance of
demolition permits for all single family homes constructed prior to 1942 and located outside of a
designated historic district; and
WHEREAS, the City of Miami Beach Planning Board strongly endorses the proposed
amendments to the Single Family Residential Districts Section of the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "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-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.
(e) Partial demolition.
(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 prior final approval by the planning director, or designee, unless appealed as provided
in subsection (3) below a#er t#e-e~c~t+en ^f +'m° f„u„~ ,; .,y ~.,~ ~~MOM~~ °r °.. ~+~~ ~^+~,,., °f ~n
^^~~^°h~° ~°m°~~°°. A property owner may decide to proceed directly to the DRB, pursuant to
subsection 142-108(g), or agree to have the partial demolition reviewed and approved by staff,
pursuant to subsection 142-108(e)(4); in either instance, a demolition permit shall not be issued until
a full building permit for new construction has been issued.
(2) An application for such approval shall be processed by the planning department, as part of
the building permit process.
(3) An appeal of any decision of the planning department on such applications shall be limited to
the applicant, shall be in writing, shall set forth the factual and legal bases for the appeal, and shall
be to the DRB.
(4) Review of applications for partial demolition shall be limited to the actual portion of the
structure that is proposed to be modified, demolished or altered. Repairs, demolition, alterations and
improvements defined below shall be subject to the review and approval of the staff of the design
review board. Such repairs, alterations and improvements include the following:
a. Ground level additions to existing structures, not to exceed two stories in height, which do
viewed n°+ ^, ~hc4~n4i~lly .,,^,~.~° from the public right-of-way ,any
waterfront or public parks, and provided such ground level additions
do not require the demolition or alteration of architecturally significant portions of a
building or structured-i
ii are designed, sited and massed in a manner that is
sensitive to and compatible with the existing structures and
iii are compatible with the as-built scale and character of the surrounding single-family
residential neighborhood.
additions:
(i) do not require the demolition or alteration of architecturally significant portions of a
building or structure;
ilt
~.c. Replacement of windows, doors, roof tiles, and similar exterior features or the approval of
awnings, canopies, exterior surface colors, storm shutters and exterior surface finishes, provided the
general design, scale, massing, arrangement, texture, material and color of such alterations and/or
improvements are compatible with the as-built scale and character of the subject home and the
surrounding single-family residential neighborhood. Demolition associated with facade and building
restorations shall be permitted, consistent with historic documentation.
s.d. Facade and building restorations, which are consistent with historic documentation, provided
the degree of demolition proposed is not substantial or significant and does not require the
2
demolition or alteration of architecturally significant portions of a building or structure.
~.e. Demolition and alterations to address accessibility, life safety, mechanical and other
applicable code requirements, provided the degree of demolition proposed is not substantial or
significant and does not require the demolition or alteration of architecturally significant portions of a
building or structure.
e.f. The demolition and alteration of rearand secondaryfacades toaccommodate utilities, refuse
disposal and storage, provided the degree of demolition proposed does not require the demolition or
alteration of architecturally significant portions of a building or structure.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance maybe renumbered or relettered to
accomplish such intention, and the word "ordinance" maybe changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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.
SECTION 5. EFFECTIVE DATE. '
This Ordinance shall take effect ten days following ad pion.
PASSED AND ADOPTED this 5th day of Se to be
ATTEST: ~
Q,~. L~~
CITY CL RK Robert Parcher
MA
2007.
Dermer
APPROVED AS TO
First Reading: July 11, 2007
Second Reading: eptember 2007
Verified by:
e G. Gomez, P
Panning Directo
F & LANGUAGE
~~°~ ~ FO EXE UTION
~/~~ 1d 3i ,;1
ty Att r ey Date
10/31 /200 ~--~
Underscore denotes new language
C+riLo+hr.,~ ~..h denotes deleted language
T:WGENDA\2007\sep0507\Regular\Single Family Partial Demolition 2007 - ORD.sep.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amendment -Single Family Partial Demolition Procedures
Ke Intended Outcome 5u orted:
Increase satisfaction with development and growth management across the City.
Increase satisfaction with nei hborhood character.
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; 66% of residents rated the
amount done for Historic Preservation as the ri ht amount.
Issue:
Shall the City Commission approve an Ordinance Amendment to modify the procedures pertaining to the
artial demolition of sin le famil homes constructed rior to 1942?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
The proposed Ordinance expands the review authority of the Planning Department as it pertains to new
construction and additions on partial demolition requests for architecturally significant single family homes
built before 1942.
On July 11, 2007 the City Commission approved the ordinance on first reading and schedules a second
reading public hearing for September 5, 2007.
The Administration recommends that the Commission adopt the ordinance.
-dvisory Board Recommendation:
On June 26, 2007 the Planning Board transmitted the proposed Ordinance to the City
with a favorable recommendation.
The Land Use and Develo
the full Commission adopt
Financial Information'
nt Committee reviewed the ordinance on July 9, 2007 and recommended
ordinance.
Source of Amount Account
Funds: ~
N/A 2
3
OBPI Total
Financial Impact Summary: N/A
Ci Clerk's Office Le islative Trackin
Thomas Mooney -Planning Department
Si n-Utts:
Department Director Assistant City Manager City Manager
~~~ /~ ~ ~ ~~~ (~,~ AGENDA ITEM R S("
V 1~ n DATE RD'S d
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
SECOND READING
DATE: September 5, 2007
SUBJECT: SINGLE FAMILY PARTIAL DEMOLITION PROCEDURES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "SINGLE-FAMILY
RESIDENTIAL DISTRICTS," BY REVISING PROCEDURES FOR THE REVIEW
AND APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES
CONSTRUCTED PRIOR TO 1942 AND NOT LOCATED WITHIN A DESIGNATED
HISTORIC DISTRICT; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
On December 8, 2004, the City Commission adopted revisions to the single family
development regulations in the City Code, pertaining to demolition procedures for
architecturally significant single-family homes constructed prior to 1942 and located outside
of local historic districts and sites. This Ordinance included specific criteria for applications
involving partial demolition. Specifically, the extent of administrative level approval was
modified to be consistent with the criteria in the Design Review and Historic Preservation
sections of the City Code.
ANALYSIS
Over the past 2 years, the number of applications involving limited partial demolition for pre-
1942 single family homes has increased, primarily due to the fact that the revised criteria for
determining architectural significance was expanded and has now included many more
homes. Most of these applications have required Design Review Board (DRB) approval,
due to the limitations on administrative approvals that currently exist.
Single Family Partial Demolition
September 5, 2007
Page 2 of 2
In order to relieve single family home owners from the 2-3 month delay associated with a
hearing before the DRB, revised standards and criteria have been drafted. These changes
will allow more flexibility in the review and approval of exterior additions and modifications
associated with applications involving partial demolition.
On May 16, 2007 the City Commission referred the subject Ordinance Amendment to the
Planning Board for formal consideration as a Zoning Ordinance Amendment. On June 26,
2007, the Planning Board considered the proposed Ordinance Amendment and transmitted
it to the City Commission with a favorable recommendation.
The Land Use and Development Committee reviewed the ordinance on July 9, 2007 and
recommended the full Commission adopt the ordinance.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall
be necessary in order to enact any amendments to the Land Development Regulations.
JMG/TH/JGGlTRM
T:WGENDA\2007\sep0507\Regular\Single Family Partial Demolition 2007 - MEM.sep.doc
:-1
m MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE tS HEREBY given that a second reading and public hearings will be held by the
Mayor and City Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3rd floor, City HaII, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, September 5, 2007, to consider the following:
10:15 a.m.
An Ordinance Amending Miami Beach City Code Chapter 102, Entitled "Taxation " By
Amending Article V, Therein, Entitled "Local Business Tax;" Amending Section 102-379,
Therein, Entitled. "Schedule Of Taxes," By Adding Additional Business Tax Receipt Codes And
Clarifying Language.
Inquiries may be directed to the Finance Department at (305) 673-7466.
10:25 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article IX
Nonconformances," By Amending Section 118-395 To Clarify And Update Certain Procedures
And Requirements For The Retention Of A Nonconforming Structure, By Amending Article X,
"Historic Preservation," Division 3, "Issuance Of Certificate Of Appropriateness/Certificate To
Dig/Certificate Of Appropriateness For Demolition," By Amending Section 118-561 To Create A
Conditions And Safeguards Section For Certificates Of Appropriateness, By Amending Section
118-564 To Modity The Requirements For Obtaining A Demolition Permit, By Amending Article
VI, "Design Review Procedures", By Creating Section 118-264 To Address Conditions And
Safeguards For Design Review Approval.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:30 a.m.
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 130 "Off-Street Parking," Article II "Districts; Requirements" Amending Section 130-32
"Off-Street Parking Requirements For Parking District No. 1" And Section 130-33 "Off-Street
Parking Requirements For Parking Districts Nos. 2, 3 And 4" By Reducing The Parking
Requirements For Housing For Low And/Or Moderate Income Elderly.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:35 a.m.
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 142 "Zoning Districts And Regulations," Article IV "Supplementary District
Regulations," Division 4 "Supplementary Yard Regulations" By Amending Section 142-1132
"Allowable Encroachments Within Required Yards," Section 142-1132(0) "Projections" By
Amending The Permitted Width Of Walkway Encroachments In Required Yards For Purposes
Of Complying With Accessibility Requirements, And By Clarifying Technical Language
Regarding Allowable Encroachments.
ly~quiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
~1n Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II,
"District Regulations," Division 2, "Single-Family Residential Districts;' By Revising Procedures
For The Review And Approval Of Demolition Requests For Single Family Homes Constructed
Prior To 1942 And Not Located Within A Designated Historic District.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal notice would
not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access
for persons with disabilities, and/or any accommodation to review any document or participate
in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-
7218(lTf) five days in advance to initiate your request. TTY users may also call 711 (Florida
Relay Service).
Ad #448
7
0
0
N
tD
H
N
Q
}
a
0
x
0
a
L
.~
z
E
0
v
v
a
s
E
A
f
.~.