HomeMy WebLinkAboutMemoCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM:
Distribution below
burdes Slazyk
Zoning Administrator
DATE : FILE :
January 6, 2009
SUBJECT:
MUSP Vesting
REFERENCES:
ENCLOSURES:
This is to confirm that when a Major Use Special Permit (MUSP) having multiple phases is
approved, subsequent phases of the MUSP (once construction has commenced or completed on phase
one) remain vested under the original MUSP without time limitation to obtain additional building permits
for such phases as long as the project remains unchanged.
When a MUSP is issued, it comes with a time limit of 2 years in which a building (or development)
permit must be obtained. The code is silent on time limitations for subsequent permits (as for phases)
except in the case of a code amendment which no longer allows a component of the MUSP; in those
cases, the code allows that component of the MUSP to remain valid for a maximum of an additional 6
years. If a permit is not obtained in those time limits, then the project must be re -designed to meet the
new code.
The only exception to this interpretation is in the event that a new zoning code to the contrary is
adopted by the City Commission.
Miami 21 is a proposal for a new zoning code which has specific language addressing the vesting
of phased projects approved by MUSP. In accordance with the latest draft of Miami 21, subsequent
phases of a phased project approved by MUSP will continue to be deemed vested (if phase one has
either been built or is under construction) under Zoning Ordinance 11000 as long as the project remains
unchanged. Minor changes will be allowed as determined by the Planning Director by process of
Warrant. A Warrant is an administrative permit contained in Miami 21.
The Miami 21 Code is silent on process for changes not deemed to be minor. This in effect
means that if any proposed changes are not minor, the project in question shall have to comply with the
Miami 21 Code.
This interpretation is only valid for the language in the most current draft of Miami 21 and is
subject to change if the final language is adopted differently than is currently proposed. See latest
language attached. I have also attached a chart for time extensions as proposed by Miami 21.
Distribution:
Larry Spring, Chief Financial Officer
Orlando Toledo, Senior Director, Planning, Building and Zoning
Ana Gelabert-Sanchez, Director, Planning Department
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
PUBLIC HEARING -FIRST READING 2008-11
meet Transect regulations and do not change the manner of operation of the
approved site, or can be approved by Waiver. Minor modifications may include,
but are not limited to, changes in the project phasing pursuant to Section
7.1.3.5.e. All applications for minor modifications to an approved plan shall be
reviewed in light of their cumulative effect on the original approved plan, taking
into account building disposition, configuration, function, and other Code
standards. Except for minor modifications, the plan may be amended only
pursuant to the procedures and standards established for its original approval.
d. Modifications to special permits and Variances approved under a previous code.
1. An applicant may modify a special permit approved under a previous zoning
code, as a minor modification through the Warrant process, if the
components being modified will after modification be in compliance with this
Code, even though the remainder of the approved development plan is not in
full compliance with this Code. The special permit may be amended with
modifications that the Planning Director determines not to be minor, and
variances may be modified according to the following procedures:
a. Class I Special Permits shall be amended pursuant to Chapter 62 of the
City Code.
b. Class 11 Special Permits shall be amended as a Warrant.
c. Special Exceptions and Major Use Special Permits shall be amended as
an Exception.
d. Variances may be modified as a Variance.
2. In all special permit cases the City shall recognize any rights to develop that
may be vested under legal principles of equitable estoppel, and by Warrant
may allow changes to a previously approved phase that has begun
construction pursuant to Section 7.1.3.5.e below, where those changes to the
greatest extent possible conform to the standards of this Code. Where
construction (other than under a demolition or landscape permit) has begun
on a phased project approved under a previous code, development for all
phases may continue under the previous approval irrespective of the previous
code, unless changes that are not minor are requested for the project.
3. The expiration date for any Class II Special Permit, Major Use Special Permit
or Variance approved under the Zoning Ordinance 11000 in effect
immediately prior to the date of adoption of this Miami 21 Code may, upon
application to the Director by the owner be extended as follows:
a. Class 11 Special Permits, Special Exceptions and Variances shall be
permitted no more than one (1) time extension for a period not to exceed
twelve (12) months.
b. Major Use Special Permits shall be permitted no more than two (2) time
extensions for each time extension period not to exceed twenty-four (24)
months.
VII.42
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
PUBLIC HEARING -FIRST READING 2008-11
4. Nothing in this Code shall divest a previously approved Development of
Regional Impact from any development rights obtained as a result of its
approval under a Chapter 380, Florida Statutes.
e. Phased project: A phased project is one which, due to its magnitude, must be
developed in stages. At the time of its approval, the entire project shall be owned
by a single entity or its subsidiaries, and shall occupy contiguous lands,
separated only by streets or alleys. Changes in the phasing of such a project
may be approved as a minor modification if approved by the zoning
administrator building official and planning director.
f. Complete applications pending at the date of the adoption of this Code shall be
reviewed under the provisions of Ordinance 11000 as existing at the date of
adoption of this Code. Applications approved under this paragraph must obtain a
building permit as required by Section 2105.4 of Ordinance 11000.
7.1.3.6 Approvals granted in error do not authorize violation of this Code;
corrections required.
a. An approval issued in error shall not confer any rights to construction or
occupancy, and upon a finding that a permit has been so issued, it shall be
revoked unless construction has commenced on that portion if the construction
that was permitted in error.
b. No approval shall be construed to authorize violation of any provisions of this
Code, and such approval shall be valid only to the extent that the work
authorized is lawful.
c. Issuance of a building permit based upon a site plan shall not prevent the Zoning
Administrator from thereafter requiring correction of errors in the plan.
7.1.3.7 No Approval Available if Code Enforcement Violations.
No approval may be issued if the business, enterprise, occupation, trade, rtrofession,
property or activity is the subject of an ongoing city enforcement procedure, or is the
subject of a notice of violation of a state law or county ordinance where the business
enterprise is located or is to be located, unless the subject of the application would
cure the outstanding violation.
7.1.3.8 Resubmission and Withdrawal of Applications Requiring Public Hearing.
a. Whenever an application has been denied, the city shall not thereafter consider
the same application for any part or all of the same property for a period of
eighteen (18) months from the date of the denial.
VII.43