Planning board backs change to pervious-surface rules, urges applicability clause for pending projects

The Miami Beach Planning Board voted April 8 to recommend changes to the city's pervious-surface requirements and to ask the City Commission to include an applicability clause that would protect projects already in the permitting pipeline.

Staff told the board the county recently amended its rules and that state of the law now requires municipalities to confirm by Dec. 30 that local rules meet the county's minimum standard. "We are recommending that the board review the ordinance and transmit this to the City Commission with a favorable recommendation," staff said during the hearing.

Board discussion focused on small-lot homeowners and recent county thresholds. Staff explained that under the amended county rules, lots smaller than 5,500 square feet must meet a 20% pervious-area standard and larger lots a 25% standard, and that the county will begin reviewing standalone improvements such as concrete decks, pavers and pool decks on March 30. The staff report noted that pools currently count toward Miami Beach's previous-surface calculations even though pools are impermeable and increasingly overflow during heavy rain.

Several board members and private attorneys urged an applicability clause exempting projects that had already completed a pre-application meeting or paid initial land-use application fees. Attorney Mickey Marrero told the board that many applicants have spent substantial sums on plans and that an immediate change could force redesigns. "If you already designed it to code as the code reads today, if this ordinance takes effect today without applicability, then you have to start new plans and it's a mess," Marrero said.

Board members amended the recommendation to ask the commission to: (1) adopt a favorable recommendation, (2) include an applicability clause covering applicants who had paid an initial application fee, obtained a land-use file number, or presented a proposed design at a pre-application meeting, and (3) pursue alignment with county calculations so interior courtyards could be counted where appropriate. The board also instructed staff to include a recommendation that the City Commission work with IT to make online notices and county postings easier for the public to find.

The board's recommendation was approved on a voice vote. The matter now moves to the City Commission, which will consider the ordinance and any timing/effective-date language.

Because Durham (the county environmental permitting office referenced in staff materials) will begin enforcing the new minimums for standalone nonstructural improvements, staff said the city's 60-day effective-date provision following adoption will apply, and the added applicability clause would protect projects already underway.