2001-24357 RESO
RESOLUTION NO.
2001-24357
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER AMENDMENTS TO THE MIAMI BEACH LAND
DEVELOPMENT REGULATIONS AMENDING CHAPTER 130, "OFF-
STREET PARKING," SECTION 130-69.5, "ADDITIONAL
REQUIREMENTS," TO CLARIFY THE REQUIREMENTS FOR PARKING
GARAGES OR LOTS DESIRING TO OPERATE PAST MIDNIGHT;
AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL USE
PROCEDURE,"SECTION 118-194, "COMPLIANCE WITH CONDITIONS,"
AND ARTICLE VIII, "PROCEDURE FOR VARIANCES AND
ADMINISTRATIVE APPEALS,"SECTION 118-356, "REVOCATION OR
MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES
APPLICABLE TO PLANNING BOARD AND BOARD OF ADJUSTMENT
REVOCATION OR MODIFICATION OF CONDITIONAL USE
APPROVALS OR VARIANCES WHERE THE APPLICANT EXHIBITS
REPEATED OR INTERMITTENT NONCOMPLIANCE WITH THE
CONDITIONS OF SUCH APPROVALS; AND AMENDING CHAPTER 118,
ARTICLE X, HISTORIC PRESERVATION, SECTION 118-503, "SCOPE
AND EXEMPTIONS," AND SECTION 118-561, "GENERAL
REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF
APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY OR
PERMANENT MODIFICATION TO A BUILDING OR SITE.
WHEREAS, the Land Development Regulations of the Code of the City of Miami Beach,
contain various provisions regulating the development and use of property within the City; and
WHEREAS, the City Attorney's Office and the Administration have been monitoring the
efficiency and effectiveness of the Land Development Regulations in addressing the development
and use of property within the City; and
WHEREAS, the City Attorney's Office and the Administration recommend the amendments
provided below to improve the efficiency and effectiveness of the Land Development Regulations
in accomplishing the policies and goals as expressed in the Comprehensive Plan, the Land
Development Regulations, and the orders ofthe various land development review boards:
I. Amend section 130-69,5 to clarifY when a parking garage must seek conditional use
approval from the Planning Board to operate after midnight. The amendment would
remove the requirement that conditional use approval is only required when the
garage is the exclusive use on the property, and would clean up the existing and
admittedly confusing language.
2, Amend sections 118-194 and 118-356 to correct the procedures applicable to
enforcement of planning board orders, and modification or revocation of wning
board orders, The amendment would clarify in both instances that enforcement, or
revocation or modification, can be brought to the boards for consideration based on
repeated or intermittent noncompliance with board orders, regardless of the
applicant's compliance during the prescribed IS-day cure period following notice of
noncompliance.
3, Amend sections 118-503 and 118-561 to clarify that a certificate of appropriateness
is required from staff or the Historic Preservation Board, as applicable, where an
alteration or modification to a structure or site is undertaken, regardless of whether
such alteration or modification is temporary or permanent, or whether a separate
building permit is required; and
WHEREAS, the City Commission desires to consider the proposed amendments at public
hearings duly advertised for such purposes.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Public Hearing will be
held on June 6, 2001 to consider the above described amendments to the City's Land Development
Regulations, as follows:
Public Hearing
10: \/0 II" (time)
in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida and the
City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice
of said public hearing at which time all interested parties will be heard.
PASSED and ADOPTED this 16th day of
May
,/lIJOlI
fJ!~
ATTEST:
~t ~CU-~
CITY CLERK
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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DRAFT
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ORDINANCE NO.
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, FLORIDA, AMENDING CHAPTER 130, "OFF-STREET
PARKING," SECTION 130-69.5, "ADDITIONAL REQUIREMENTS," TO
CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS
DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER 118,
ARTICLE IV, "CONDITIONAL USE PROCEDURE,"SECTION 118-194,
"COMPLIANCE WITH CONDITIONS," AND ARTICLE VIII,
"PROCEDURE FOR VARIANCES AND ADMINISTRATIVE
APPEALS,"SECTION 118-356, "REVOCATION OR MODIFICATION OF
VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO
PLANNING BOARD AND BOARD OF ADJUSTMENT REVOCATION OR
MODIFICATION OF CONDITIONAL USE APPROVALS OR VARIANCES
WHERE THE APPLICANT EXHIBITS REPEATED OR INTERMITTENT
NONCOMPLIANCE WITH THE CONDITIONS OF SUCH APPROVALS;
AMENDING CHAPTER 118, ARTICLE X, HISTORIC PRESERVATION,
SECTION 118-503, "SCOPE AND EXEMPTIONS," AND SECTION 118-561,
"GENERAL REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF
APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY OR
PERMANENT MODIFICATION TO A BUILDING OR SITE; PROVIDING
FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations ofthe Code of the City of Miami Beach,
contain various provisions regulating the development and use of property within the City; and
WHEREAS, the City Attorney's Office and the Administration have been monitoring the
efficiency and effectiveness ofthe Land Development Regulations in addressing the development
and use of property within the City; and
WHEREAS, the City Attomey' s Office and the Administration recommend the amendments
provided below to improve the efficiency and effectiveness of the Land Development Regulations
in accomplishing the policies and goals as expressed in the Comprehensive Plan, the Land
Development Regulations, and the orders of the various land development review boards.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130, "Off-Street Parking," Section 130-69.5, "Additional requirements,"
of the Code of the City of Miami Beach, Florida is hereby amended as follows:„
Sec. 130-69.5. Additional requirements.
In addition to any other requirements regarding parking garages and parking lots contained
herein, and except where a parking garage or lot is accessory to a residential use and located on the
same lot. all parking garages and lots located within 100 feet of a residential use or district that
intend to operate after midnight. shall obtain conditional use approval from the Planning Board
before obtaining a building permit or occupational license. l'Ul e5mmcldal 5f llllneommw;;ial
parking g!ll'age flr pftlking lilt, ineh:ttling temp51fll') !11'18 prllvisi5nll! pftlking 15t" 151:/tte8 5n al5t.
(I) Upan '#hick pftlkil'lg is the exellisi ,e lise,
(2) Which may Ia-.vfully tlpcr/ttc after miBnight; M8
(3) 'When M) partielft afthe site 511 ,..hid. the p!ll'king lot CJ! Pllikit.g g!ll'agc isleJeate:8 is
within 100 feet llf a residential liSC ar lesidcntill! district;
may 5btain a oliilding permit 51 accllpattGIlalliecnse ta apcl'tlte prial t6 abtaillillg Ii eanclitianll! llse
tlfll'lCl ..t11 iullt:eardllilCc ,,.jtk tke prtJcedlll'CS 81'<:eified in seetial'l 17 4 kCleaf. If Ii cGIlditianal liSt:
tlfll'lCl, al is gl'ftntcd, smd ape:1Mian shil!l ell/hply ,..ith all eanditi511S 5f sm8 llpl'la ,al.
N6t.vithJtlHlclillg the f6regaillg, ltI1j' I'ftIking that is pr6',ided in a e5mmereill! 6r n6ncGmmereial
parkillg g!ll'age 6f parking 15t within a eommereill! ~5l1ing dist1'iet and that is aCee,J6ry t6 a
le3identialllJe, cxeltlJi,e 6f h6tel liSt:S, shil!l n6t be stibjeet tG the aforedeJeribecl e6nditio!\al li,t:
pl6cedttrcs.
(Ord, No. 98-3115, S 1 (7-5J.), 6-17-98)
SECTION2. That Chapter 118, "Administration and Review Procedures," Artic1eIV, "Conditional
Use Procedure," under the jurisdiction of the Planning Board, Section 118-194, "Compliance with
conditions," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-194. Compliance with conditions.
*
*
*
(c) The board may revoke or modify a conditional use approval pursuant to the following
procedures:
(1) The planning and ~5ning director shall notify the applicant by certified mail of the
failure to comply with the conditions of the approval;
(2) If, after expiration of a IS-day cure period commencing on the date of the notice, the
applicant fails to comply with the conditions, or the applicant has exhibited repeated
or intermittent noncompliance with the conditions prior to the cure period and the
J;>lanning director is concerned about further repeated or intermittent noncompliance.
the planning !II'Id ~tlning director shall advise the board at the next meeting and the
board may consider setting a public hearing for the purpose of examining the
noncompliance issues;
2
~.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci,miami-beach.f1.us
TO:
FROM
SUBJECT:
COMMISSION MEMORANDUM NO. ;:)'7?/~ I
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. GOn.zalez ~,,~ ~
City Manager U v- v l)
Murray H. DubbinAlJ ~
City Attorney jVlt
DATE: May 16, 2001
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER AMENDMENTS TO THE MIAMI BEACH LAND
DEVELOPMENT REGULATIONS AMENDING CHAPTER 130, "OFF-
STREET PARKING," SECTION 130-69.5, "ADDITIONAL
REQUIREMENTS," TO CLARIFY THE REQUIREMENTS FOR
PARKING GARAGES OR LOTS DESIRING TO OPERATE PAST
MIDNIGHT; AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL
USE PROCEDURE,"SECTION 118-194, "COMPLIANCE WITH
CONDITIONS," AND ARTICLE VIII, "PROCEDURE FOR VARIANCES
AND ADMINISTRATIVE APPEALS, "SECTION 118-356, "REVOCATION
OR MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES
APPLICABLE TO PLANNING BOARD AND BOARD OF ADJUSTMENT
REVOCATION OR MODIFICATION OF CONDITIONAL USE
APPROVALS OR VARIANCES WHERE THE APPLICANT EXHIBITS
REPEATED OR INTERMITTENT NONCOMPLIANCE WITH THE
CONDITIONS OF SUCH APPROVALS; AND AMENDING CHAPTER 118,
ARTICLE X, HISTORIC PRESERVATION, SECTION 118-503, "SCOPE
AND EXEMPTIONS," AND SECTION 118-561, "GENERAL
REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF
APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY
OR PERMANENT MODIFICATION TO A BUILDING OR SITE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the resolution setting the first
of two public hearings on the subject amendments to the City's Land Development Regulations.
Agenda Item e 7Z
Date 5-1C--CJ/
(3) If the board elects to set a public hearing, the planning lHla z6fting director shall place
the matter on the board's agenda in a timely manner and all notice requirements
imposed for conditional use applications as set forth in section 118-193 shall be
applicable, with the addition of notice to the applicant; and
(4) The board shall hold a public hearing to consider the issue of noncompliance and the
possible revocation or modification of the approval, and, based on substantial
competent evidence, the board may revoke the approval, modify the conditions
thereof, or impose additional or supplemental conditions.
(d) In determining whether substantial competent evidence exists to support revocation,
modification or the imposition of additional or supplemental conditions to the approval,
intermittent noncompliance with the conditions, as well as the frequency, degree and adverse
impact of such intermittent noncompliance, may be considered by the board.
SECTION 3. That Chapter 118, "Administration and Review Procedures," Article VIII, "Procedure
for Variances and Administrative Appeals," under the jurisdiction of the Board of Adjustment,
Section 118-356, "Revocation or modification of variance," of the Code of the City of Miami Beach,
Florida is hereby amended as follows:
Sec. 118-356. Revocation or modification of variance.
(a) The board of adjustment may revoke or modify a variance pursuant to the following
procedures:
(1) The planning <'I1.d 2.0h;111'; director shall notify the applicant by certified mail of the
failure to comply with the conditions of the variance.
(2) If, after expiration ofa IS-day cure period (commencing on the date of the notice),
the applicant fails to comply with the conditions, or the applicant has exhibited
repeated or intermittent noncompliance with the conditions prior to the cure period
and the planning director is concerned about further repeated or intermittent
noncompliance. the planing and zoning director shall advise the board at the next
meeting and the board may consider setting a public hearing for the purpose of
examining the noncompliance issues,
(3) If the board elects to set a public hearing, the planning arid .cOhillI'; director shall place
the matter on the board's agenda in a timely manner and all notice requirements
imposed for variance applications as set forth in section 118-134 shall be applicable,
with the addition of notice to the applicant.
(4) The board of adjustment shall hold a public hearing to consider the issue of
noncompliance and the possible revocation or modification of the variance, and,
based on substantial competent evidence, the board may revoke the variance, modifY
the conditions thereof, or impose additional or supplemental conditions.
3
(b) In determining whether substantial competent evidence exist to support revocation,
modification or the imposition of additional or supplemental conditions to the variance,
intermittent noncompliance with the conditions, as well as the frequency, degree and adverse
impact of such intermittent noncompliance, may be considered by the board.
SECTION 4. That Chapter 118, "Administration and Review Procedures," Article X, "Historic
Preservation," under the jurisdiction of the Historic Preservation Board, Division 1. "Generally,"
Section I 18-503, "Scope and exemptions," of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 118-503. Scope and exemptions.
(a) Scope. Unless expressly exempted by subsection (b) of this section, no building permits shall
be issued for new construction, demolition, alteration, rehabilitation, signage or any other
physical modification of any building, structure, improvement, landscape feature, public
interior or site individually designated in accordance with sections 118-591, 118-592 and
118-593, or located within an historic district. nor shall anv construction. demolition.
alteration. rehabilitation. signage or any other modification. whether temporary or permanent.
with or without a permit. be undertaken. without the prior issuance of a certificate of
appropriateness or certificate to dig by the historic preservation board in accordance with the
procedures specified in this section. For purposes ofthis section, "alteration" shall be defined
as any change affecting the external appearance and internal structural system including
columns, beams, load bearing walls and floor plates and roof plates of a structure or other
features of the site including but not limited to landscaping and relationship to other
structures, by additions, reconstruction, remodeling, or maintenance involving a change in
color, form, texture, signage or materials, or any such changes in the appearance of public
interior spaces,
SECTION 5. That Chapter 118, "Administration and Review Procedures," Article X, "Historic
Preservation," under the jurisdiction of the Historic Preservation Board, Division 3, "Issuance of
Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition,"
Section 118-561, "General requirements," of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 118-561. General requirements.
A certificate of appropriateness issued under this chapter shall be required prior to the
issuance of any permit for new construction, demolition, alteration, rehabilitation, renovation,
restoration, signage or any other physical modification affecting any building, structure,
improvement, landscape feature, public interior or site individually designated in accordance with
sections 118-591, 118-592 and 118-593, or located within an historic district unless the permit
applied for is exempted pursuant to subsection I 18-503(b ). or prior to anv construction. demolition.
alteration. rehabilitation. silmage or any other modification. whether temporary or permanent. with
or without a permit. being undertaken. A certificate to dig shall be required prior to the initiation
4
of any development involving the excavation or fill on a historic site or in a historic district
designated as archaeologically significant pursuant to the provisions of this article. The procedure
to obtain a certificate to dig, or to designate a historic site as archaeologically significant, shall be
the same as indicated in section 118-562 for a certificate of appropriateness.
(Ord. No. 89-2665, 919-6, eff. 10-1-89; Ord. No. 94-2926, eff. 4-14-94; Ord. No. 2000-3262, 9
4,7-26-00)
SECTION 6. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 7. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA.
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 8. SEVERABILITY.
If any section, subsection, clause or provision ofthis Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of ,2001.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4<<~
cr- 3d -d(
DATE
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Commission Memorandum - May 16, 2001
Resolution Setting Public Hearingfor Land Development Amendments
Page 2
ANALYSIS
As part of an ongoing review of the Land Development Regulations (LDRs) by the City Attorney's
Office and the Planning Department, a number of sections of the LDRs have been identified as
having a need for improvement. Therefore, the City Attorney and City Manager, pursuant to
section I 18-162(a), Miami Beach City Code, seek a referral to the Planning Board for consideration
ofthe following amendments to the Land Development Regulations:
1. Amend section 130-69.5 to clarifY when a parking garage must seek conditional use
approval from the Planning Board to operate after midnight. The amendment
would remove the requirement that conditional use approval is only required when
the garage is the exclusive use on the property, and would clean up the existing and
admittedly confusing language.
2. Amend sections 118-194 and 118-356 to correct the procedures applicable to
enforcement of planning board orders, and modification or revocation of zoning
board orders. The amendment would clarifY in both instances that enforcement, or
revocation or modification, can be brought to the boards for consideration based on
repeated or intermittent noncompliance with board orders, regardless of the
applicant's compliance during the prescribed IS-day cure period following notice
of noncompliance.
3. Amend sections 118-503 and 118-561 to clarifY that a certificate of appropriateness
is required from staff or the Historic Preservation Board, as applicable, where an
alteration or modification to a structure or site is undertaken, regardless of whether
such alteration or modification is temporary or permanent, or whether a separate
building permit is required.
The City Commission referred these amendments to the Planning Board on March 29, 2001, which
considered them on April 24, 2001, and unanimously recommended them to the City Commission
for adoption.
Based on the foregoing analysis, the Administration recommends that the Commission adopt the
resolution setting the first of two public hearings on the subject amendments to the City's Land
Development Regulations.
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