20161205 AAAfter Action December 5, 2016 City of Miami Beach
(Continued to December 9, 2016)
Special Commission Meeting
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Commission Meeting (Special)
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December 5, 2016 - 3:00 PM – continued to December 9, 2016 – 12:00 PM
Mayor Philip Levine (Absent on 12.5.16)
Commissioner John Elizabeth Alemán
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
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AFTER-ACTION
Vice-Mayor Malakoff called the meeting to order at 3:05:29 p.m. on December 5, 2016, and
explained that the meeting is to discuss the North Beach Local Historic District, boundaries and
Conservation District boundaries.
Pledge of Allegiance led by Jeff Donnelly.
Vice-Mayor Malakoff announced that Mayor Philip Levine and Miami-Dade County Mayor Carlos
Gimenez are in Atlanta meeting with the Center for Disease Control (CDC) Director with reference to
Zika. Mayor Levine will attend on Friday, December 9, 2016 for the continuation of this meeting,
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when the vote will take place. Today is a fact-finding meeting, and they are going to follow the
regular agenda for this event.
Jimmy L. Morales, City Manager, wanted to give a moment of historical background, due to the
comments staff may have regarding the recommendation. He explained that two years ago, before
the City had a Chief Resiliency Officer, and prior to the existing City Commission, the Planning
Board brought the same recommendation with the same map in front of the City Commission. At
that time, the Historic Preservation Board (HPB) endorsed that map, and the Commission decided
not to move forward, pending the Master Plan. At the end of the process, the staff went back and
reached the same conclusion. Therefore, there it is not a new agenda. The City Manager clarified
that this is the same recommendation staff made two years ago, even before they were informed by
some of the resiliency information that has come forward. He emphasized that whichever process is
acted on, it needs to have clear design criteria built into it. City Manager Morales encouraged the
City Commission to take action on Friday, December 9, 2016 that includes, within the
recommendation and as part of the Designation Report, the development of design criteria
guidelines, to determine what happens in that District and whether the decision process will be
made by the HPB or the Design Review Board (DRB). He then introduced Assistant City Manager
Susanne M. Torriente.
City Clerk’s Note: Memorandum submitted by Nancy Liebman was inadvertently excluded by the
Planning Department from the original Commission Agenda package. Ms. Liebman’s memorandum
was distributed at the dais.
REGULAR AGENDA
R9 - New Business and Commission Requests
12.5.16 - 3:06:43 p.m.
12.9.16 – 12:19:35 p.m.
R9 A DISCUSSION REGARDING NORTH BEACH LOCAL HISTORIC DISTRICTS
BOUNDARIES AND CONSERVATION DISTRICT BOUNDARIES.
Planning
Commissioner John Elizabeth Alemán
ACTION: Discussion held. See motions below. Thomas Mooney to handle.
ACTIONS:
MOTION NO. 1:
Motion made by Commissioner Arriola to extend the demolition moratorium expiring
January 13, 2017 (clarified that it only pertains to Section “A”) for another six months;
seconded by Commissioner Alemán; Voice vote: 7-0. Office of the City Attorney to
prepare the Ordinance for the January 11, 2017 Commission Agenda. Thomas
Mooney to Handle.
MOTION NO. 2 & REFERRAL TO LAND USE & DEVELOPMENT COMMITTEE:
Motion made by Commissioner Alemán to request that the Planning Department initiate an
application for the creation of a Neighborhood Conservation District Overlay, and to refer
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the item to the Land Use and Development Committee; seconded by Commissioner
Steinberg. Voice vote: 7-0. Thomas Mooney to handle.
MOTION NO. 3:
Motion made by Commissioner Alemán to accept the HPB’s recommendation to designate
Sections “C,” “E” and “G” as Local Historic Districts, and to authorize the Planning
Department to prepare a Designation Report based on those findings; seconded by
Commissioner Malakoff. Ballot vote: 7-0. Thomas Mooney to handle.
MOTION NO. 4:
Motion made by Commissioner Alemán to modify the HPB’s recommendation and deny
the proposed request for Local Historic District designation as to section “A,” the Tatum
Waterway; seconded by Commissioner Grieco. Ballot vote: 5-2; Opposed: Commissioner
Rosen Gonzalez and Steinberg. Thomas Mooney to handle.
MOTION NO. 5:
Motion made by Commissioner Alemán to modify the HPB’s recommendation, and deny
the proposed request for Local Historic District designation as to Section “D,” South
Shore Drive; seconded by Commissioner Grieco as courtesy, but will be voting “no” on
the motion. Ballot vote: 1-6. (Opposed Mayor Levine, Vice-Mayor Malakoff, and
Commissioner Arriola, Grieco, Rosen Gonzalez and Steinberg) Motion failed. Thomas
Mooney to handle
12.5.06 - 3:08:20 p.m.
I. Introduction by Susanne M. Torriente.
This special meeting was called to discuss important matters of historic designation in
the areas of North Beach, and to discuss the complexity of the issue concerning the
privatization process, from the professional planner’s recommendation, and what they
presently know about sea level rise. The information received will contribute to the
decision the City Commission makes, including choices about designation, either
historic or conservation. This is an opportunity to discuss one area and two options at
the same time; the historic designation process has been making its way through the
HPB, and the conservation process was just referred. Planning staff is prepared to
describe the historic preservation designation and conservation district overlay
processes, its timeline, their elements, similarities and differences. They will be
pointing out the current designation process, which currently is at number four (4) out
of seven (7) steps. Assistant City Manager Torriente added that the 2014 Planning
Department recommendation is the same as the 2016 recommendation, with some
additional points: 1) earlier this year the City Commission adopted the South Beach
Florida Climate Compacts Unified Sea Level Rise Projections, and so they are using
these projections for planning purposes: 2) six (6) to ten (10) inches of sea level rise
by 2030, starting at the 1992 baseline; anywhere from 14 to 34 by 2060, and 2100 is
anywhere from 31 to 81. The baseline that the Unified Sea Level Rise uses is 1992,
and they know that since 1992 to the present, they have seen about three levels of sea
level rise; 3) the City has made an investment to adapt to sea level rise, with
investment in stormwater programs and the new elevation standards adopted by the
City Commission, base flood elevation, grade, seawall elevation, etc.; 4) the Mayor’s
Blue Ribbon Panel on Sea Level Rise has been dealing with historic preservation
discussions in the face of climate change by doing research, attending conferences
and recently engaging the University of Miami (UM), to assist with the development of
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those design guidelines mentioned by the City Manager. Professor Sonia Chao, from
UM, will explain the work she is doing in the City. The October Planning Department’s
recommendation is still based primarily on the greatest concentration of architecturally
significant buildings, with an additional level of information. As the Chief Resiliency
Officer, Assistant City Manager Torriente believes her task is to give the City
Commission all the information available in order for the City Commission to be able to
make these important decisions.
II. Planning Department Staff Report Summary – Thomas Mooney and Debbie Tackett
a. Historic Preservation Board Preliminary Evaluation
b. Outline of Neighborhood Conservation Districts
12.5.06 - 3:13:38 p.m.
Thomas Mooney, Planning Department Director, briefly explained the primary
differences between neighborhood Conservation District and Local Historic
Designation. Within the larger area of the National Registry boundaries, on Normandy
Isle and North Shore there have been areas recommended for local designation as will
be shown in the presentation. The remainder of the National Registry District that was
not proposed for local designation could potentially become a Neighborhood
Conservation District. The City has the Gilbert Fein Conservation District currently in
the West Avenue area. In this instance, as the City Manager mentioned, there was a
previous recommendation for designation in 2014. There was also an Ordinance
adopted by the City Commission that proposed to amend the RM-1 regulations in the
North Beach area. Based upon direction of the Land Use & Development Committee
(LUDC), staff will be putting together zoning overlay regulations that could become
part of a Neighborhood Conservation District. Some of the things discussed as part of
the overlay were: reducing setbacks on the front, increasing setbacks on the side,
reducing heights in certain portions of buildings, and modifying parking requirements.
As part of the Master Planning process, lot aggregation had been suggested, so that
any new construction or redevelopment in that area would be more consistent with the
existing low scale character of the neighborhood. As a zoning overlay, these types of
regulations can be imposed on a larger National Registered Boundaries, and would be
applicable whether the area is zoned or whether the area is designated as a Local
Historic District, those zoning regulations will apply for new constructions or additions.
If the direction is to move forward with the preparation of Neighborhood Conservation
District zoning Ordinance amendments, staff can do that quickly if the item is referred
to the Land Use & Development Committee or the Planning Board, and they can bring
back to the City Commission in a relatively short period of time. He introduced Debbie
Tackett.
12.5.06 - 3:17:04 p.m.
Debbie Tackett, Chief Historic Preservationist, Planning Department, presented a slide
show . At the request of the City Commission, the Planning Department presented two
preliminary evaluations and a recommendation report to the HPB on October 11, 2016.
These reports were developed in accordance with the boundaries identified in the
North Beach Master Plan. On the maps, areas in the North Shore are labeled as “A”
and “C,” and in Normandy, they are labeled “D,” “E” and “G.” The boundaries identified
in the Master Plan were consistent with the recommended boundaries by the Planning
Department in 2014 and expanded upon. In the proposed North Shore Local Historical
District, the Master Planner included area “A”, which is the property surrounding the
Tatum Waterway, and in Normandy Isle, the North Beach Master Plan expanded
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staff’s original recommendation of “E” and “G” to also include “D,” which is the area
north of the Normandy Waterway on South Shore Drive. At the October meeting, the
HPB did recommend that the boundaries for the proposed Local Historic Districts be
consistent with the boundaries as noted in the Master Plan. Staff evaluated all of the
areas in the National Register District in 2014 and again in 2016, and they found that
the areas identified satisfied the criteria for local designation as outlined in City Code
Chapter 118-592. Most notably, these areas are directly associated with the significant
events that took place following America’s success in World War II. Additionally they
believed that the character and quality of the post-war modern architecture - Miami
Modern, better known as MiMo, which is a style of architecture from the Post World
War II era (1945 to mid-1960s) - satisfied the criteria for eligibility for local designation.
Typical examples of post-war modern architecture are found in Harding and Byron
Avenues. In the Normandy Isle Historic District, they have Bay Drive, Normandy and
Marseilles. There are two areas in question that staff did not recommend being
included within the North Shore Local Historic District to the HPB: In this area of North
Beach, they identified large, non-contributing structures, which they believe interrupted
the continuity of a proposed Local Historic District. Specifically on Tatum Waterway,
there are contributing buildings and large, non-contributing buildings that interrupt
continuity of architectural features, style and period of construction. On Crespi
Boulevard they identified a different situation; with mostly similar scale buildings (one
to two-story buildings); however, they identified a significant number of one-story
buildings. Being informed on sea level rise and what Public Works is doing with the
raising of the streets, they believe that those structures would be the most challenging
to adapt to sea level rise. For example, on Tatum Waterway Drive, there is a lack of
cohesiveness seen in terms of the scale and quality of buildings in the area. The
second area they deferred both from the Master Plan and the HPB recommendation, is
the area along South Shore Drive. Similar to Tatum Waterway, the South Shore area
has large, non-contributing buildings, mid-block, in these proposed Historic Districts,
with large parcels of vacant land, which staff believes interrupts the cohesiveness and
continuity of historic architecture. The map, put together by the Planning Department,
demonstrates how staff came to the recommendation concerning cohesiveness and
continuity of the architectural fabric. At the South Shore area, there is very little
cohesion in terms of the streetscape, with significant concentration of historic
buildings. In talks with the Resiliency and the Public Works Departments, in terms of
street elevation, existing grade elevation in the area, not just on South Shore Drive, but
in the entire proposed areas, it was found that parcels “D,” “E” and “G” are relatively
low lying areas, and those streets will most likely have to be raised two (2) feet or
more. In this case, they evaluated properties primarily on cohesiveness, concentration
and the significance of the architecture, and staff is still recommending, being informed
by the sea level rise discussion, and also evaluating this for its architectural merit, and
consistent with the 2014 recommendation, that areas “E” and “G” be considered for
local designation, as they believe these areas contain a high degree of significant
architecture, and every effort should be made to protect and preserve these highly
concentrated areas, with the understanding that design guidelines will have to be
developed once these streets are raised, not only for the individual buildings, but also
the urban streetscape. In conclusion, staff believes, that the overriding purpose in the
creation of Local Historic Districts in North Beach is to protect, revitalize and preserve
exceptional and cohesive post-war modern architecture. Staff believes the boundaries
identified in “C,” “E” and “G” will successfully showcase, promote and protect the
aesthetic, architectural and historic importance of the highest concentration of the most
significant post-war modern style buildings in the North Beach area. Staff is also in
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agreement with the HPB, in recommending that design guidelines be developed,
individual to these areas, to encourage resiliency and sustainable development in the
future. In answering Commissioner Rosen Gonzalez, Ms. Tackett explained that
parcels “E” and “G” are slightly nominally higher than some of the areas along the
Tatum Waterway, and in “G” there are larger parcels for the most part; those would be
easier to adapt in terms of raising grade elevation, then the more narrow on Crespi
with 50 foot wide lots, they believe would be creating a challenge. This was not the
overriding factor in their determination. The overriding factor was the concentration,
significance of the actual architecture, and the cohesiveness of architectural features,
which is one of the most important themes in terms of creating Local Historic Districts.
Discussion held.
Commissioner Rosen Gonzalez asked how is it that the National Register of Historic
Places (NRHP) came to find the value in these areas, but the Planning Department did
not.
Ms. Tackett explained that it is not that they do not find value in the areas, but staff
does not believe these are the priority areas to become Local Historic Districts. They
identified the areas believed to be priority for the City in moving forward, regardless of
sea level rise or not, in order to protect or preserve.
Discussion continued.
12.5.06 - 3:28:39 p.m.
III. Flood Mitigation Strategies Within North Beach Historic District Areas – Eric Carpenter
Presentation made . Mr. Carpenter explained the color-coded map showing elevation of
the streets, and indicated that the blue areas are the lowest in elevation, below 2 feet
NAVD (North American Vertical Data); areas in green are between 2.7 and 3.5 feet
NAVD; yellow is between 3.5 and 4 feet, and brown are higher than 4 up to 6 feet
NAVD elevations. As they get closer to the waterway, the elevation of the streets is
significantly lower. They have been looking at recent king tides of approximately 2.2
feet NAVD, and are probably looking at 3.2-foot tidal elevation within the next 15
years. They are designing the minimum road elevation of 3.7 to accommodate that,
and are trying to make the City more resilient. He clarified that they are not designing
the streets in a way to flood the properties, but are designing the streets to hold the
water that falls on the streets, and to help with some of the water that may fall on the
properties. Ultimately, the goal is to build an opportunity for the City to continue to
thrive and build out of this sea level rise situation. They have not done any formal
design work for the North Shore neighborhood improvement, but ultimately they did
some evaluations, particularly on Tatum Waterway Drive, by taking the average finish
floor elevations across the stretch, and on average these are about 4.8 feet NAVD
finish floor elevations, but the existing grade elevations are approximately 2.4 feet
NAVD, which means they are within 2/10 of a foot, less than 3 inches difference
between the king tide elevation and the average grade surrounding these properties. If
a road were to be built along Tatum Waterway, they suggest the road be built to be
able to last for the next 30 years, and bringing the road up to an elevation of 3.7 at the
crown, making the back sidewalk at 3.7 so the water shedding on the right-of-way
stays within the right-of-way. They would certainly have challenges and transitions to
the adjacent grades that would be about 1½ foot lower to those roadway elevations,
but still less than the finish floor elevations of the properties out there, on average.
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There are some that are below the 3.7 NAVD, and others that are higher than 4.8, but
they would be looking at similar scenarios. This City Commission has taken a
proactive approach to protect the City’s assets by making property owners raise the
seawall elevations, both in public and private sides. He added that public seawall
elevations are going up to 5.7 NAVD in the future.
Commissioner Rosen Gonzalez stated that this is based on a plan by AECOMB and
explained that this neighborhood needs an alternate plan because of the differences in
elevation. She asked if the City received a second opinion, given the current
circumstances.
Mr. Carpenter stated that AECOMB worked with staff on the Building Code
modifications and the Zoning Code modifications, to see how they can incorporate
existing buildings stock, and where they are going to adjust the future of the City,
based on where they want to be, and where they are today. Ultimately, there are a
great deal of challenging questions, and they are looking for out of the box solutions,
but they have not specifically asked AECOMB to design this particular street, since
they are probably about 24 months from beginning construction in the area. The
intensive design work will probably take place in the last six to twelve months prior.
They will evaluate all scenarios, but ultimately they want to build something that will
last for the long-term and will not experience frequent flooding.
Commissioner Alemán inquired as of when and how high the road is going to be
elevated along Tatum Waterway, and similarly, from the seawall, recognizing that
those are private seawalls, from where they are now, what will be the incremental
height to meet Code.
Mr. Carpenter explained that they are looking at about an 18 inch, 1½ feet elevation
change in the roadway, and approximately that same amount of elevation change on
the private seawalls. For the public seawalls, that becomes 3 feet.
Discussion continued.
Commissioner Alemán asked if the seawall is a permanent solution, as it helps with
storm surge and tidal flooding over the seawall, where they are looking at 1½ feet of
sea level rise in the next 35 years; but what about the limestone bedrock.
Mr. Carpenter explained that seawalls are not made to hold water out; they are made
to hold soil back, and seawalls are not the optimal solution. Seawalls do restrict the
flow; if the Tatum Waterway were to rise and overflow; the seawall is meant to help
overcome the underground flow that they will also be experiencing through the lime
rock base, and that is where the pumps and seawalls work in tandem. They have been
clear all along, seawalls and pumps are meant to gain the City another 50 years; but
they are not meant to be a permanent solution. If the sea rises by 3 feet, they will need
to be built out of that in addition to seawalls and pumps.
Commissioner Rosen Gonzalez asked Planning staff if historic designation is a “death
sentence” for a neighborhood. If there is water intrusion on a certain property, and the
property owner can show that there are property damages from that water intrusion,
what is the process under historic designation versus conservation in being able to
raise the property or demolish the property and build higher? If it is a Historic District,
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there are cases throughout the City where properties are completely rebuilt and only
the façade is kept. She wants to understand the process.
Mr. Mooney explained that if someone proposes to make any modifications to a
property, if that property is located within a locally designated Historic District, the
review authority is under the HPB; unlike properties that are not locally designated, if
they were to propose to level the entire property, a Certificate of Appropriateness for
demolition from the HPB would have to be obtained. If the HPB did not approve the
request, they would need to look at other options for addressing water intrusion issues,
such as demolishing the back part of the building, or raising the building; so there are a
number of ways to address that, but it is difficult to ascertain how it would be done
across the board. Every property must be looked at on a case-by-case basis.
Discussion continued.
Commissioner Rosen Gonzalez asked what the process would be in the Conservation
District.
Mr. Mooney stated that in Conservation Districts, since it does not require review by
the HPB, a property owner could potentially demolish the building and build something
new.
Discussion held.
Commissioner Rosen Gonzalez asked if there are cases in the City’s current Historic
Districts, where there is property damage and they cannot be salvaged, and they are
allowed to rebuild at the current Building Code within the historic guidelines, and has
the HPB denied repairing the damages. Mr. Mooney answered that there are no cases
to his knowledge.
Commissioner Alemán asked what the cost is for the private property owners that have
to raise the seawall where the most urgent remediation is needed. What is the cost per
linear foot in bringing seawalls up to proper code to 4 feet?
Mr. Carpenter explained that the prices range between $1,500 and $2,000 per linear
foot.
Discussion continued.
Vice-Mayor Malakoff informed her colleagues that they would have a discussion at the
end of the presentations and testimonies.
12.5.06 - 3:47:32 p.m.
IV. Presentation by North Beach Master Planner – Dover Kohl and Jorge Kupperman
Jason King, Dover Kohl Partners, stated that they headed a very talented, multi-
disciplinary team that worked on the Master Plan. They worked with the North Beach
Steering Committee and had representatives from the different interests in the
community. The Steering Committee and the consultant team were tasked to create a
compromise plan. When they started the project a year and a half ago, North Beach
was a much more divided community. The question to the Steering Committee was
how small of an area of Local District designation would be accepted, or compromise
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can be reached. In their professional experience, Dover Kohl has created plans that
created Historic Districts around the country. The whole of the National Districts have
enough cohesiveness, concentration and merit to be turned into Local Districts. He is
working in other municipalities where they wished they had as much cohesiveness and
merit as the Districts in Miami Beach, and ultimately it comes down to values and
balance. They have done climate change plans in Louisiana and in the State of
Florida. Twelve years ago, he did his first climate change plan in the Florida Keys, and
people came out and discouraged him, especially after the big storms, Katrina and
Ivan, but that Historic District that was created 12 years ago is still there, and the
people that live there are happy that it is there. The plan does talk about climate
change and sea level rise. The plan recommends walls, building pumps, and collective
actions, which are not incompatible with the preservation. In terms of Miami Beach’s
ultimate solution, he stated that the predictions are dire. The climate change, the
compact talks about 9 inches and 4 feet by 2050, but the plan does not give an
ultimate solution. The water is coming up from underneath and the City understands
the challenges. The plan; however, makes it clear that historic preservation is not at
odds with sea level rise and climate change adaptation.
Commissioner Alemán thanked Jason King for attending the meeting, and asked how
they arrived at the boundaries that are referenced in the presentation (A through G).
Mr. King explained that in working with the Steering Committee, if all of the National
Districts have enough merit to become Local Districts; understanding that this is a
debatable assertion, but if they do, they would work with the Steering Committee.
When creating Historic Districts they must ask what the community values are. This
community wanted the view, the experience from the waterways, their view from
porches, bridges, boats, and that was how those two areas were prioritized.
Commissioner Alemán added that she receives often feedback as to why they would
question the Dover Kohl recommendation of where the boundaries are, and the
response they received as to why Dover Kohl recommended historic designation for
the larger area was that the plan was really created by the Steering Committee. This is
a distinction.
Mr. King explained that the question comes up all the time, if it is the Consultant’s Plan
or the Steering Committee’s plan; and the answer is that it is both. The Steering
Committee guides it, but they are not going to let them do anything inadvisable;
however, in their experience, the recommendations are choice worthy. He recognized
the Planning Department staff for doing an excellent job in working together, but he
added that it was not sufficient for the Steering Committee. For a year and a half, they
reached out to thousands of people, and they did not feel that Planning Department
staff recommendation was sufficient.
Commissioner Alemán asked if their decision was due to the demolition control or
because the community thought it was very important to control height, scale and
massing and architectural design style.
Mr. King stated that the answer to that is both. Even though they recommended the
Conservation Districts, the plan still recommended historic boundaries, because for the
Steering Committee and for the community they talked to, the Conservation Districts
were not sufficient. The Conservation Districts do a good job, scale, massing, and
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things people are most afraid of; but even through the Steering Committee and the
public did not see it sufficient just to do Conservation Districts.
Commissioner Rosen Gonzalez stated that Mr. King mentioned that around Miami-
Dade County, they go into other communities and see that they do not have a
significant inventory of historic properties, and these other municipalities in Miami-
Dade County wished they had what the City of Miami Beach has now. She asked him
to elaborate on those municipalities and what they are going through.
Mr. King explained that in Laredo, Texas, there is a Historic District people would like
to see, but it does not have the merit. In Alabama, there is a Historic District, streets
and trees are beautiful, but it does not have the cohesiveness, and even in parts of
Coral Gables, there are talks about expanding the Historic Districts. Therefore, there
are areas where they have had a hard time championing the position that the District
should be expanded.
Commissioner Rosen Gonzalez asked if Mr. King would say that Miami Beach
probably has the largest inventory of these pristine, Historic Districts, with a building or
two in between, but overall they have a tremendous inventory compared to any other
place.
Mr. King stated that due to the special architectural style, Miami Modern, there is a
large example. In continuing answering Commissioner Rosen Gonzalez’s questions,
he explained that they did not look at other areas in South Florida when doing this
plan.
Vice-Mayor Malakoff asked that if, as a Master Planner, they are looking at lower lying
areas, such as the Crespi Waterway, where there are lots of one or two story
buildings, and they were made into a Conservation District, where aggregation of lots
was prohibited and height was controlled, where new buildings will be built at base
flood elevation plus free board, protecting them from further sea level rise, would that
be also acceptable to the neighborhood because the scale and context would be the
same, or would something be lost by doing that.
Mr. King opined that there is no question that Conservation Districts would do a great
deal of good, and also in terms of those one-story structures, it would be helpful to
have flexibility to adapt. Yet the Plan could not stop there, because it was not sufficient
for the Steering Committee. As a Master Planner, the argument can be made both
ways. The City Commission’s job is a difficult one, and there is no formula to apply,
unfortunately.
Discussion continued.
Commissioner Alemán mentioned diagrams that show how many lots are one-story or
even vacant lots, and it is interesting when looking at the map, there are no three or
four story buildings. The five story and higher buildings exceed height in FAR and will
probably stay as they are. She asked if it was explored with the Steering Committee
that more than half of the properties are one story or less along the Tatum Waterway.
Mr. King stated that most Historic Districts are one-story, but they did not go parcel by
parcel.
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12.5.06 - 3:55:16 p.m.
V. Comments from Applicable Land Use Board Chairs
a. Historic Preservation Board Chair, Dominique Bailleul
Dominique Bailleul, HPB member and Chairman, explained that HPB
members, his colleagues and former colleagues, have been involved and have
studied the North Beach designation. They have been to the bus tour and have
done their own work. The process by which they came to the recommendation
included a choice of four maps; they listened to all sides; the government, the
public and the developer’s side. They also looked at the Master Plan and came
to the recommendation of what is the Master Plan, what does it offer, and what
does it present. After taking everything into consideration, they made their
recommendation to the City Commission.
Commissioner Alemán asked what is the obligation of the HPB to consider the
unique situation of a property, as it relates to climate change, proximity to the
water and elevation.
Mr. Bailleul thinks that when looking at the history of older buildings, that is
what made Miami Beach successful, and what has made Miami Beach a
destination is not rebuilding brand new. He has been in the City for 26 years,
and has heard that North Beach is blighted, and it never has been revived, with
or without designation. Now with the issue of sea level rise, he does not think it
is a North Beach problem. There are different ways of solving sea level rise,
but he sees that this may be the catalyst to bring back North Beach, with this
Master Plan, to not only upgrade buildings, build new buildings, but also
creating a Historic District.
12.5.06 - 3:59:39 p.m.
b. Planning Board Chair
Jeff Feldman, Planning Board Vice-Chairman, speaking on behalf of himself,
explained that for the last six years they have been discussing these
complicated issues. This is an issue he has been vocal, and it is an extremely
complicated issue for all of them. They have been trying to find ways to
address a compromise. In regards to the Affordable Advisory Committee that
he serves on, he commented that they would be bringing a proposal to the City
Commission regarding how to address the complicated and difficult issue of
workforce housing in the City. He thinks that it behooves them at this point not
to include workforce housing on a much deeper level through the Master Plan;
and he felt it should have been included. He believes that sea level rise is
something that they have to weave into the fabric of the City and should be
considered when making laws. He has heard things on the level of raising
properties, as it was done on Star Island by a wealthy developer, but as a
developer and a professional, that is not a viable solution. He has heard people
talking about waiting until the sea level rise issue is actually upon them until
they find solutions for it, and that is the wrong approach as well. Now is the
time to find solutions. He does not understand how the City can have a Master
Plan that does not include being able to aggregate properties, but if they truly
want to build affordable workforce housing for the thousands of workers, they
need to find creative ways to build.
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Vice-Mayor Malakoff explained that the subject of workforce housing is not the
topic for discussion, but the HPB’s recommendation, and she asked if he
approved or rejected the recommendation, or suggests modifications.
Discussion held.
Commissioner Rosen Gonzalez explained that this meeting is to discuss issues
regarding designating Districts, and expressed her frustration for the discussion
on the workforce housing.
Mr. Feldman stated that one of his concerns, as a Planner, a Real Estate
professional and a developer, is that if there is a problem on the property due
to sea level rise damage, and the property is raised 2 to 4 feet, that puts that
property 2 to 4 feet above the neighboring properties, which can create
inconsistencies in the heights of surrounding properties. He is a proponent of
pumping the brakes on the most restrictive of all designations, as it pertains to
affordable housing and as a resident, in planning into the future.
Discussion continued.
12.5.06 - 4:06:44 p.m.
c. Design Review Chair – No speakers.
12.5.06 - 4:07:07 p.m.
VI. Public Comment:
Raul J. Aguila, City Attorney, stated that 22 people have signed up to speak on the
matter.
Vice-Mayor Malakoff asked the speakers to limit their presentations to three minutes,
and only present new information to avoid repeating what has already been said.
Commissioner Alemán asked if the speakers who were invited to present expert
testimony could speak for five minutes, to which Vice-Mayor Malakoff agreed.
Commissioner Rosen Gonzalez expressed her objection to permitting certain
speakers to have more time to speak than others, and does not believe this is fair
and balanced.
12.5.06 - 4:08:23 p.m.
a. Reinaldo Borges, Pillar Trustees Chair of the Miami Beach Chamber of
Commerce, spoke as an architect and activist. The vast amounts of heat
industries put into the atmosphere will continue the thermal expansion through
the years, and it is undeniable. Currently, architects are designing structures
to deal with a six-foot sea level rise in 100 years. It is a significant amount of
water to think about, and quite frankly frightening given the amount of flooding
that happens in this community. How much flooding in the streets of Miami
Beach is needed before the community begins taking action? The North
Beach area in question does not need to be labeled entirely historic to
preserve the area; in fact, he prefers the Conservation area alternative. Public
Works is already elevating roads for the impacts that will take place in 50 to
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60 years. This is the pioneering era of sea level rise adaptation; there is no
previous knowledge on the matter. He added that raising structures and
buildings is very difficult, and does not believe it is a viable option.
Commissioner Rosen Gonzalez expressed her disapproval of Mr. Borges’
presentation by calling it the worst kind of ambassadorship the Miami Beach
Chamber of Commerce could have presented to Miami Beach.
12.5.06 - 4:19:53 p.m.
b. Wayne Pathman, Board of Governors Chair for the Miami Beach Chamber of
Commerce, stated that Miami Beach is in a unique position because of its
geology, Historic Districts, and the fact that it is an island. This City is looked
at differently by insurance companies because of these factors. He assured
everyone present that the insurance companies will be driving the train
concerning the policies for the North Beach area being discussed today.
There is an expected two to eight foot sea level rise by the end of the century,
and insurance companies need to make money first before they encounter
risk. Historic properties at low-lying areas are at the greatest risk, and flood
insurance will continue to get more expensive. He cited the Biggert-Waters
Flood Insurance Act of 2012, which reduced flooding insurance subsidies
across the board resulting in even higher insurance rates. He recounted his
experience working with the Palau development, which halfway through
construction; the City elevated the surrounding roads and sidewalks, and now,
along with many establishments in the area will be flooded unless the pumps
are working properly.
Vice-Mayor Malakoff asked how this presentation is related to the designation
of a Historic District in North Beach.
Mr. Pathman replied that the proposed Historic District will not work, because
there are no resilient solutions to sea level rise aside from raising the roads
and installing pumps, and the insurance rates will be astronomically high.
12.5.06 - 4:32:18 p.m.
c. Sari Libbin, addressed Commissioner Rosen Gonzalez, and stated that she is
present not on the behalf of the Miami Beach Chamber of Commerce, but as
a concerned resident. This is a very important issue for her, and she believes
it is important to maintain the integrity of the unique boutique style of North
Beach, but creating Local Historic Districts is not the solution. A middle ground
can be reached with the right expertise of innovative architects, engineers and
sea level rise specialists. This is a good opportunity to maintain the look, feel
and charm of North Beach as an affordable and attractive option to live, work
and play. She opposes the Historic Preservation Board’s recommendation to
establish two Historic Districts in North Beach.
Commissioner Rosen Gonzalez stated that the Town Center on 71 st Street will
be directed towards millennials.
12.5.06 - 4:34:59 p.m.
d. Sonia Chao, Director of the Center for Urban and Community Design at the
University of Miami's School of Architecture, stated that her department at the
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University of Miami has been working with local communities since 1992 after
hurricane Andrew hit Florida. This is no longer the preservation world she was
trained under, it is the preservation world that is being challenged by pausing
instead of coming up with immediate guidelines for preservationists.
Preservation needs to take the lead and move forward to protect not only
physical but also cultural heritage. She addressed the low floor-to-ceiling
heights in the North Beach buildings, which is because they were built before
air conditioning was available. She recommended establishing a Conservation
District with multiple designations within it.
Commissioner Rosen Gonzalez stated that just because it is a historic area
does not mean it cannot be amended nor have properties demolished. By
having a Conservation District, the jurisdiction would go from the HPB to the
DRB, and she would prefer the jurisdiction to stay with the HPB.
Dr. Chao stated that she is not opposed to having the area eventually
becoming a Historic District, but at this point in time, it would be better to label
it a Conservation District, and have staff review the buildings, to get a better
assessment of preservation needs.
Commissioner Rosen Gonzalez stated that the only difference between a
preservation and Conservation District is the governing body. She wants to
preserve buildings, not just their façades.
Dr. Chao explained that a Preservation District is different from a
Conservation District. A Conservation District looks at the overall environment
of an area, whereas a Preservation District looks at each individual building at
a time.
Commissioner Alemán explained that a Local Historic Designation can only be
undone by referendum. A Conservation District can control height, scale,
mass, architectural design, allows resiliency to property owners, and is a
legislative act of this body.
Discussion held.
12.5.06 - 4:48:01 p.m.
e. Daniel Ciraldo, MDPL, stated that this is not about a method, but about two
neighborhoods that were deemed important by the National Register of
Historic Places. The significance comes from the time they were developed
during and after World War II. He believes a great deal can be done about
development and renovations of these areas, but they should go through the
HPB.
Discussion continued regarding MDPL and Dr. Chao’s relationship with the
City.
12.5.06 - 4:54:23 p.m.
f. Daniel Veitia stated that he does not know of another way to make Miami
Beach housing affordable without subsidy. He sat on the Miami Beach
Community Development Board for many years, and explained how that
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board worked hard to preserve buildings and provide affordable housing.
However, it comes down to economics; the FAR will need to be increased in
order to bring down the per-unit-cost to keep rents affordable.
12.5.06 - 4:59:32 p.m.
g. Nancy Liebman stated that she was one of the original members of the HPB.
She was also an advisor to the Florida and National Trusts. She has spent
years doing this. Sea level rise is a problem that needs to be addressed, but it
should not be the excuse to tear down Historic Districts. There is currently
hysteria to get rid of the old and build a new City, and that cannot happen. Art
Basel would not want to be hosted in Miami Beach if there were only high
rises. She explained how many people and organizations including the Miami
Beach Chamber of Commerce were opposed to the preservation of the Art
Deco District, and now they are opposed to the creation of the North Beach
Historic Districts. Miami Beach is risking becoming a “concrete canyon.”
Commissioner Alemán stated that she is not looking to build a new City or
raise all the buildings, but more than 50% of the structures on Tatum
Waterway Drive are one-story buildings that will be severely affected by sea-
level rise and this needs to be addressed.
Discussion held regarding Daniel Veitia’s connections with real estate
developers.
12.5.06 - 5:11:45 p.m.
h. John Breistol informed that his company owns 22 buildings and 182 individual
units in Miami Beach. Although he does not live in the City, he has a stake in
what happens here. He believes this is a very complex issue, but agreed with
Mr. Veitia’s point that it will be very difficult from a financial point of view to
make these properties work if too many restrictions are implemented.
12.5.06 – 5:13:25 p.m.
i. Jeff Donnelly stated that these buildings are historic, and they are in a Historic
District. He thanked Mr. Pathman for all of his efforts regarding sea level rise.
There is nothing that makes these historic buildings less valuable because of
sea level rise. The problem will not be solved by demolishing old structures
and replacing them with new ones.
12.5.06 – 5:16:41 p.m.
j. Jack Finglass stated that he considers sea level rise and historic preservation
seriously, and believes the conversations should include the opinions of
Federal agencies. He clarified a statement he made that was taken out of
context in social media by Commissioner Alemán.
12.5.06 – 5:20:32 p.m.
k. Paul Muhka, President of Fairway Park Neighborhood Association, stated that
in this neighborhood, 90% of the buildings are contributing structures; by
comparison, the Flamingo neighborhood only has 85% contributing structures.
All of the buildings are at a 3.7 elevation. He does not know why the City
wants to raise the streets, when there is a great deal of more flooding on 71 st
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Street. He asked the City to include this neighborhood in the historic
designation.
12.5.06 – 5:22:47 p.m.
l. David Goldman stated the real issue is historic designation and is not
necessarily related to sea level rise. The connection being made is not proven
or demonstrated, but somehow ascertained. He sees no compelling evidence
to ignore the recommendations of the Dover Kohl, which would really
disadvantage residents. This powerful interest keeps coming back, and he
urged the City Commission not to succumb.
12.5.06 5:25:57 p.m.
m. Paula King stated that historic preservation and sea level rise are not
exclusive mutually. She lives in a Jared Pitt designed house elevated above
the NAVD. There are few houses not risible in the area; but many people
would like to have assistance from the City to make it work.
Vice-Mayor Malakoff clarified that the City maintains and pays for public
seawalls but private owners pay for their own.
12.5.06 – 5:28:48 p.m.
n. Rubin Konister, tax attorney, stated that Section of the IRS incentivizes
developers to develop distress zones; and North Beach is a distressed zone.
This tax credit is an important financial tool that the Federal Government
brings; build something, develop something or change it. If you want the
community to be eligible for these dollars, they need to make changes too.
Commissioner Alemán asked staff to look into the eligibility for funds.
Debbie Tackett is not aware of Federal or other monies for that purpose.
FEMA would make money available if a disaster occurs.
12.5.06 – 5:31:10 p.m.
o. Kirk Pascal stated that there are 16 out of 72 contributing parcels on the
Tatum Waterway. It is the authenticity that it is important, and with sea level
rise in mind, and in finding ways for preservation and resilience, Miami Beach
is challenged with unique situation. He challenged the City Commission to try
to figure out a way that if there is a one-story structure that is vulnerable with a
façade, there must be criteria to keep the character of the neighborhood. In
addition, he believes the HPB take hardships seriously. The balance of this
Master Plan is important, and to undermine the public confidence by not
figuring out a solution or go forward.
12.5.06 – 5:35:34 p.m.
p. Katie Comer stated that this City Commission cannot undo what has been
proposed in the Master Plan, otherwise, there will be a lack of faith and trust
from the residents of North Beach.
12.5.06 – 5:37:40 p.m.
q. Paul Markowitz stated that if Art Deco was not preserved, it would have been
gone. This Commission and residents should be jumping with joy to have
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another Local Designated area. It is appalling to him that elected officials are
not hearing the people, the residents, the voters of Miami Beach, but they can
elect to have people with financial interests developers give their
presentations. They were not elected to serve the will of developers to make
more money, but legally responsible to uphold the will of the people.
12.5.06 – 5:51:13 p.m.
r. Tanya K. Bhatt introduced herself and stated that she has heard ideas that
should be incorporated in the process. She showed a PowerPoint
Presentation showing other options for seawall construction. She encouraged
them “Not to throw the baby out with the bathwater.”
Commissioner Alemán clarified that they are talking about Sections “A” and
“D” along the waterway, and local designations for “C” and “G” is not being
discussed today. She suggested going back, look at the survey, count the
parcels that have one or five stories plus. In October, there were 12 high tides,
higher than ever before, with properties being inundated. By 2050, that is one
mortgage cycle, and it is really material.
Ms. Bhatt suggested a house-by-house assessment.
12.5.06 – 5:51:21 p.m.
t. Matis Cohen stated that there are ramifications of the decisions this City
Commission makes. He has listened carefully to all individuals, and there is
no consensus. The City, not knowing the danger they are facing, to take
specific action that could potentially harm the ability of the property owner’s
insurance, and to limit them into a specific issue to control, whether they go
the Planning or HPB route. It is unfortunate that there are no guidelines under
which they make their consideration. If there were guidelines, property owners
would trust the board’s decision.
Discussion held.
12.5.06 – 5:55:06 p.m.
u. Christina LaBuzetta stated that North Beach has a different architecture and
attracts media and fashion, but it is a sought out architecture that she thinks
can turn around, as it did in South Beach. The architecture drives the success
of an area and people have started to invest in that area. She hopes that they
take that in consideration.
Debbie Tackett clarified that in the area outlined as “A” on the map, the Tatum
Waterway, there are 94 parcels; 20 one-story buildings; 29 classified as non-
contributing buildings.
12.5.06 – 5:59:09 p.m.
v. Carolina Jones thanked the City Commission for the forum. She stated that at
the Steering Committee they addressed adaptation, preservation and sea
level rise; there is no blueprint, and Susanne M. Torriente said that they are
challenging the process; they need to come up with a preservation strategy
overall for the City. They need to come up with a preservation strategy that
takes into account sea level rise. The HPB needs to be educated and
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understand fully before they opine. She suggested moving forward but
including guidelines.
12.5.06 – 6:02:07 p.m.
VII. Commission Discussion and Deliberation
Commissioner Alemán stated that Dover Kohl explained in the North Beach
Master Plan that the North Beach Districts are composed of reinforced
concrete structures, which result in incredibly strong buildings. She believes
that these structures would be good candidates for elevation. She asked if
anyone present has sufficient knowledge to explain whether this is a viable
option.
Commissioner Rosen Gonzalez replied that experts will be present on the
December 9, 2016 meeting, and can answer that question then.
Mr. Feldman stated that it is unrealistic to raise buildings. It is possible, as
evident on Star Island, but it is absurd to do this mainstream to apartment
buildings. Not a cost-effective solution.
Vice-Mayor Malakoff asked if the tides come up to the one-story buildings
along the waterway, would the HPB allow those buildings to be demolished
and new ones to be built.
Commissioner Alemán added that it is not fair to have every owner have to
prove hardship individually; when the hardship is evident as seen in the
photos present in the City Commission chambers.
Thomas Mooney, Planning Department Director, replied to Vice-Mayor
Malakoff’s question. Once a property is included within a Local Historic District
boundary, they are subject to HPB review. The only way not to have the HPB
review would be not to include the property in the Historic District. In response
to the second question, new language could be added concerning the review
of one-story buildings. He is not sure whether this would be possible, but
guidelines could help the HPB have an easier review for single-story homes.
He explained that with a Conservation District, the application would not come
to the HPB; it would be subject to DRB approval. The DRB does not have the
authority to prohibit demolition. It can, however, place limits on new
construction and further limits on existing buildings.
Commissioner Arriola asked Mr. Mooney if a Local Historic Designation were
placed, what would be the process to catalogue each structure in the Historic
District, including the non-contributing and one-story buildings.
Mr. Mooney replied that the next step in the process would be for the HPB to
designate a report that is a much bigger than the preliminary evaluation, and
include a detailed analysis of every property in the District. Every property will
have a recommendation of contributing or non-contributing. The City
Commission does have the ability to modify the classification. Limits could be
placed on what the HPB can or cannot do within a District, but that would best
be consulted with the City Attorney.
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Commissioner Arriola stated there is a strong consensus on designating Local
Historic Districts. The debate is where the designations should be, and how to
protect best buildings at risk from sea level rise. The facts of sea level rise
must be taken into consideration.
Vice-Mayor Malakoff clarified that today’s meeting will only present
information. Action will be taken on the December 9, 2016, Special City
Commission meeting.
Commissioner Steinberg challenged her colleagues to look at preserving the
local architecture while dealing with the sea level rise problem. The community
had consensus, and the City Commission needs to take that into
consideration.
Commissioner Alemán stated that when she voted to ratify the North Beach
Master Plan, it was the understanding that there would be further discussion
on the historic designation. The Miami Beach Planning Board was the only
group that furthered its study, and it arrived at a different answer than that
provided by the Master Plan. She explained that requesting this meeting took
a great deal of effort, and she in fact has been vilified by many
preservationists for simply wanting to discuss the issue. She is concerned
because water is already coming into the buildings, and the sea level rise will
affect everyone in this community. There is an obligation to protect people’s
property rights.
Discussion held regarding comparing Miami Beach to Detroit.
Commissioner Rosen Gonzalez stated that she is an active Florida Realtor,
and is aware of the housing market situation. Miami Beach is facing an
existential crisis, but it does not wholly rest on Tatum Waterway. She showed
a video of a previous City Commission meeting where several Commissioners
and the Mayor agreed to approve the Local Historic Districts proposed by the
North Beach Master Plan. Commissioner Rosen Gonzalez stated that at some
point, something happened and the City Commission started questioning the
historic designation. She does not believe there is damage or water intrusion,
or that people will no longer be able to afford flood insurance because of
historic designation. She claimed 750 buildings are in the District, and 380
buildings are in the Conservation District, making it a potential 10,000
residents who may be displaced.
Commissioner Arriola interjected and exclaimed that Commissioner Rosen
Gonzalez is presenting false facts. The area being addressed is the Tatum
Waterway, and the statement that 10,000 residents could be displaced is
incorrect.
Discussion continued regarding Tatum Waterway.
Commissioner Alemán pledged her support to Historic Districts.
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Vice-Mayor Malakoff requested the figures for the amount of residents being
displaced, if all buildings disappeared in areas “A” and “D.” Planning
Department to handle.
Commissioner Alemán suggested verifying the facts. The population in the
five-story or higher buildings will not be displaced. In regards to displacement,
preservation is not a form of rent control. To add resiliency to historic
structures is more expensive than to non-historic structures. Most residences
in this area are not homesteaded and, as such, are not protected against
property tax increases. Flood insurance has gone up more than 500%, and
there is not enough City money to cover the necessary improvements to all of
the City’s seawalls. Preservation has nothing to do with the increase in
housing costs.
Discussion continued regarding resident displacement.
Debbie Tackett stated that there are a total of 28 buildings in the South Shore
Drive area; three of them are non-contributing and over five stories high. In the
North Shore District, Tatum Waterway, there are 100 individual buildings, 29
of which are considered non-contributing, and over the current maximum FAR.
These areas do not have the number of residents suggested by Commissioner
Rosen Gonzalez.
Discussion continued.
Thomas Mooney, Planning Department Director, stated that between now and
the December 9, 2016 meeting, the Planning Department will provide the City
Commission with the figures of people who may face displacement. Planning
Department to handle.
Commissioner Alemán stated for the record that the Conservation District will
protect height, scale, and have Local Historic Designation. The discussion is
about the waterfront properties that are vulnerable to sea level rise.
Mr. Mooney added that the Conservation Zoning Overlay is different from the
guidelines recommended to the HPB regarding specific projects. Zoning
Overlay will address things specific to the Code, and is legislative in nature.
Commissioner Alemán stated that the problem is that the Miami Beach
preservation community does not trust the DRB to be a good custodian; and
property owners do not trust the HPB. Qualified and credible people are
needed for both boards.
Commissioner Arriola thanked Commissioner Alemán for having the courage
to bring this discussion on. He apologized to Commissioner Rosen Gonzalez
for having raised his voice earlier, but this is a passionate topic for him, just as
it is for her.
Commissioner Rosen Gonzalez claimed that the City’s residents do not trust
the City Commission as evident by the numerous failed ballot questions during
recent elections.
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Discussion continued.
Commissioner Aleman stated that the only way rent will stay at the same level
is if there are no improvements done to the properties.
Meeting adjourned at 6:38:23 p.m.
December 9, 2016 – 11:59:11 a.m.
Vice-Mayor Malakoff announced that there will be a 15 minute delay before
commencement of the continuation of the December 5, 2016 Special Commission Meeting
today and apologized for the inconvenience.
City Clerk’s Note: Mayor Levine and all City Commissioners are in attendance.
12:19:35 p.m.
Mayor Levine called the meeting to order. He announced that there will be no public
comment, as public comment was previously heard on December 5, 2016.
Pledge of Allegiance led by former Commissioner Jerry Libbin.
Mayor Levine recognized Jerry Libbin’s daughter, Sara, for her valuable public comments
on the subject during the December 5, 2016 portion of the meeting.
Commissioner Alemán referred to maps and charts distributed on the dais showing typical
sections of the Tatum Waterway, with the lowest and highest finish floor elevation; and it
shows where the existing natural ground, seawall and roads are, and what the application
of the adaptations the City is planning for will be. She summarized that the issue has been
thoroughly discussed during the North Beach Master Planning process, with public input
from several Commission Meetings and testimony from the December 5, 2016 Special
Commission Meeting.
PowerPoint presented.
Mayor Levine introduced Wyn Bradly, HPB member, and as courtesy, requested allowing
her to speak for at least two minutes.
Wyn Bradly, Architecture Professor at the University of Miami, member of the HPB and
Mayor’s Blue Ribbon Panel Sea Rise, informed the City Commission that she has been
documenting, designing and building on Miami Beach since the 1990s. She comes with a
historic preservation perspective, and resiliency, which is a new issue for them,
professionally and those that live in the community. The two are not mutually exclusive, as
they can, and do, exist together, and so solutions will be finding a middle ground between
the two. She was a member on the HPB in 2014, when the designation issue came up for
review, and at that time the Board voted in favor of a District that is what Dover Kohl came
to see as their District. It came in 2014 before the City Commission, and it was turned down
in lieu of needing to obtain additional information. During the past two years, additional
information was obtained, and the result is a Dover Kohl re-draft in the Master Plan. The
issue came before the HPB recently, and the HPB staff recommended a smaller District
than what Dover Kohl was recommending. The HPB decided to vote for a larger District
and agreed with what Dover Kohl recommended. However, at that meeting, they had
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neither discussions related to Conservation Districts nor issues of sea level rise. Most of
the HPB members have not been educated on issues of sea level rise, but she
understands that Assistant City Manager Susanne M. Torriente and her team will advise
the HPB members on the issue. A vote was had and the greater Dover Kohl boundaries
were recommended. The only reason she is speaking today is simply to say that it is
important that there is a District designated and defined; if it is going to be a larger or
smaller, in her purview it is almost irrelevant, as they will have to deal with sea level rise in
already existing designated Historic Districts that are already, and have been for a number
of years in South Beach. UM together with the City’s team are looking at overlays and
doing design guidelines of what that would look like in those already existing Historic
Districts. Everyone agrees that they are going to preserve these Historic Districts, as they
are part of their cultural identity. If it were a larger District, those overlays would need
design guidelines to be placed over them; if small Districts, then that would incorporate a
Conservation District.
Discussion held.
Commissioner Alemán stated that this legislation will shape the City for the next 30 to 50,
80 years, and the City is one of the 100 resilient cities and rising above, so this is a key
component of those objectives. She announced that she was going make several motions.
See below:
Initial Motion No. 1 - Conservation District
Commissioner Alemán stated that the Conservation District footprint that is in the Master
Plan is too small. The Conservation District affords protections of height, scale, massing,
architectural style, but can also include more than that. She suggested including the
protection of the Conservation District across the entire footprint, as that gives them a
safety net for height, massing, and architectural design, no matter what happens now or
years from now. They will always have the protection of the Conservation District. Her
motion is to modify what the Master Plan says to extend the Conservation District to the
entire footprint of the National Historic Register; seconded by Commissioner Grieco.
Commissioner Rosen Gonzalez requested to hear all four motions before she can vote on
them and understand what is happening. Ms. Bradley gave testimony that they should
designate it, as they will have to deal with it, and that is a broken promise and trickery.
Commissioner Alemán agrees in listing all motions prior to voting. She referred to maps
distributed with Sections “A” through “G.” In the Tatum Waterway Area, they have “A,” “B”
and “C,” and both the Planning Department and the Historic Preservation Board agreed
that Section “C” makes sense for Local Designation, and in the Normandy Isles Local
Historic Area, both the Planning Department and the Historic Preservation Board
recommended that Sections “E” and “G” be Local Historic Districts. Since there is
agreement between staff, the HPB and the Planning Department, her second motion is to
proceed with Local Historic Designation of parcels labeled “C” “E” and “G.” The two
sections where there is a different conclusion between the Planning Department and HPB,
she suggested to bifurcate into Motion 3 and 4.
Discussion continued.
After Action December 5, 2016 City of Miami Beach
(Continued to December 9, 2016)
Special Commission Meeting
Page 23 of 29
Initial Motion 2:
On the three sections where the Planning Department and the HPB agree, which are Areas
“C”, “E” and “G,” Commissioner Alemán moved that the City Commission approve a Local
Historic Register District.
Initial Motion 3:
Motion made by Commissioner Alemán to remove Section A, which is the Tatum Waterway
section, and include as conservation, but not Local Historic.
Initial Motion 4.
Motion made by Commissioner Alemán to remove South Shore Drive Area “D.”
Discussion held.
Click here for Map for Sections “D,” “E,” “F” and “G.”
Click here for Map for Sections “A,” “B” and “C.”
Commissioner Rosen Gonzalez asked for a point of order, and stated that they have never
seen these map before; they are here to designate the Districts as proposed and drawn by
Dover Kohl, that was the promise that was made; and now with the Conservation Overlay,
removing Tatum Waterway, removing South Shore and not allowing public input, she
believes this is an outrage and they are going back on the promise the City Commission
made.
Mayor Levine explained that there are seven elected officials and each one has a vote and
free will. He believes Commissioner Alemán broke this down into four specific areas, and
they can vote for or against the proposals as they see fit. They had four hours of public
discussion, and he believes everyone on the dais is for historic preservation and they want
areas designated, but if someone decides that because a small section may go underwater
it does not make sense, they have the free will to vote.
Commissioner Rosen Gonzalez stated that when the Commission makes a promise to the
people they represent, those promises must be kept; and Ms. Wyn gave her expert
testimony that they need to designate and continue historic preservation across the City.
This is setting a dangerous precedent, and if they allow this Conservation District instead of
Historic Districts to take place, the Historic Districts in South Beach can be in danger. She
is disappointed that the promise made is not being kept.
Mayor Levine stated that he promised historic preservation areas, and the Commission is in
the cusp of doing so; but it may be 90% rather than 100%. He stated that when he became
Mayor he promised that they would incentivize and energize the North Beach area, and
with an incredible Panel it was done; he promised the Master Plan for North Beach and
they did it; he also promised Historic Conservation Districts in North Beach, and they are
about to do it, but it may be 95%, and that is called a “compromise.” He urged his
colleagues to vote "yes" or "no." on each of the motions.
Discussion held.
Vice-Mayor Malakoff clarified that the first motion by Commissioner Alemán was not to
make it all a Conservation District, but to do overlay conservation; in other words, if there
are Local Historic Districts, is this an Overlay District for Design Guidelines.
After Action December 5, 2016 City of Miami Beach
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Special Commission Meeting
Page 24 of 29
Commissioner Alemán explained that her motion is not intended to conflict with any Local
Historic Districts, and Planning staff has confirmed that, and this is important; if a property
is under hardship and has to be demolished, then the Conservation District guidelines will
apply and they will have the required guidelines as to height, scale and massing.
Vice-Mayor Malakoff added that it would also control the aggregation of lots, so that large
buildings built out of scale cannot be built.
Raul J. Aguila, City Attorney, stated that Planning Director Thomas Mooney and he would
like to assist the City Commission and the public with the motions. In Commissioner
Alemán’s motion, she is accepting the HPB’s recommendations regarding Sections “C,” “E”
and “G" of the proposed Local Historic District, and is requesting to modify the HPB’s
recommendation by removing Sections “A” and “D” from the Local Historic District. He
thinks this can be done as one motion or they can be bifurcated. The next motion would be
to initiate the creation of a Neighborhood Conservation Overlay District.
Discussion held.
Commissioner Alemán added that anyone who lives or owns property in a currently existing
Locally Historic Designated Area, such as South Beach, those areas could not be repealed
without a referendum; therefore, it is protected. Secondly, Commissioner Alemán reminded
everyone that Dr. Chao, from UM, had explained that there was a difference between
South Beach, Art Deco buildings, and North Beach MiMo, as it comes to ceiling heights and
adaptations being different. Since Art Deco predates air condition, ceilings are very high
and the adaptation can be raised up to 4 NAVD. With MiMo, buildings were built post air
condition, the ceilings are lower, and raising the finish floor is not an adaptation that is
probably going to help most structures. There are differences between these
neighborhoods that need to be explored.
Thomas Mooney, Planning Department Director, confirmed the motions made. The first
motion was to create a Conservation District Overlay for the boundaries of both National
Registered Districts. The Normandy Isles area, the National Register Area that is currently
in place comprises of areas “D,” “E” and “F,” so the Conservation District overlay. There is
a similar type of overlay that exists in the Flamingo Park area, which involves amending the
Zoning Ordinance to create definable regulations that would be required by Code and it
would be applicable, whether or not the DRB is reviewing a project outside of a Local
Historic District, or the HPB is reviewing a project in a Locally Designated District. The
same would apply to the North Shore National Register District, which comprises areas “A,”
“B” and “C.” He asked that the motion be amended to refer that item to the Land Use &
Development Committee and the Planning Board, as it is an Ordinance amendment.
Commissioner Alemán accepted referring the item.
Commissioner Rosen Gonzalez wants everything conserved, and is strongly opposed to
not designating what Dover Kohl recommended as historic.
Discussion continued.
Commissioner Steinberg recommended referring the issue of the Conservation Overlay
Historic District to Land Use & Development Committee and Planning Board to draft the
language and design guidelines for the historic areas.
After Action December 5, 2016 City of Miami Beach
(Continued to December 9, 2016)
Special Commission Meeting
Page 25 of 29
Motion To Refer:
Motion made by Commissioner Steinberg; seconded by Commissioner Alemán to refer
item.
Commissioner Arriola believes that they all share the same sentiments on the dais, but his
end goal is to preserve as much as possible in the North Beach area, especially the MiMo
architecture. In order to accomplish this, one method is to designate them historical,
although there are some downsides to it as discussed previously. He added that those
individuals that are in favor of preservation designation are concerned that in the interim,
buildings will be torn down. He asked Mr. Mooney what they can do to protect them, and
suggested extending the existing moratorium to ensure important buildings will not be lost.
Thomas Mooney, Planning Department Director, stated that if areas in question, “A” in the
North Shore Area, Tatum Waterway, and “D” in Normandy Isle, which is the South Shore
Drive area, if they were not included within the Local Designation District boundaries, an
extension of the demolition moratorium must be included in order to require that demolition
of any of those building goes through the HPB process.
Commissioner Arriola stated the moratorium expires in January 2017 and they should
renew it at that time. He would like to see some additional protection so that concern of
demolition is addressed.
Discussion continued.
Vice-Mayor Malakoff is in agreement with extending the moratorium for six months, since
they do not want buildings demolished.
Raul J. Aguila, City Attorney, explained that the City Commission should extend the current
Ordinance for the moratorium.
Motion For Extension of Demolition Moratorium:
Motion made by Commissioner Alemán, seconded by Vice-Mayor Malakoff to extend the
moratorium. No vote taken.
Commissioner Arriola suggested having some areas designated as Local Historic Districts
and others as Conservation Districts, but with the additional protection of extending the
moratorium, to address concerns and the issue of sea level rise.
Mayor Levine stated that these design guidelines can be brought back to Dover Kohl to
come up with design guidelines for sections “A” and “D,” and Margueritte Ramos, Kirk
Paskal and other North Beach Steering Committee members can work together and bring
back the guidelines for the City Commission to review.
Commissioner Rosen Gonzalez reiterated her concerns with the waterway, and added that
she is unable to understand broken promises. All matters across North Beach are still
subject to board reviews; reports are from 2014, which she feels are old. Everyone on this
City Commission made a promise, and she just cannot understand why everything is
resting on the Tatum Waterway.
Mayor Levine stated that Miami Beach has a long history of having the most incredible
historic preservation, and it is part of the City’s main attraction, one of the main assets of
After Action December 5, 2016 City of Miami Beach
(Continued to December 9, 2016)
Special Commission Meeting
Page 26 of 29
the entire City. Before this Administration came onboard, North Beach had zero historic
preservation; what this City Commission has done is actually put together a plan and a
vision for North Beach to come up with conservation, historic preservation areas, and areas
that will make the charm, beauty and the uniqueness of North Beach permanent. A few
years ago, this conversation never took place, but now it is happening. Unfortunately,
climate change is a horrible, terrible thing that is affecting all coastal communities around
the world, and no one wants it or envisioned it, but the City has been flooded for the past
several years in various areas, and they have spent hundreds of millions of dollars to
protect the safety of residents and citizens of Miami Beach. The world is watching Miami
Beach; media, national media, newspapers, and they are looking to see at how this City
handles this threat of sea level rise. If they ignore the fact that water is going up to a certain
level and will cover the first floor of a building, and they want to protect that small section
over and above the threat of sea level, the message they are putting out to the world is a
very regressive message. He used an analogy to explain further. In the future, they want to
see a smaller section of a much larger historic preserved section, be an area that becomes
a postcard for sea level rise and instead of a small section, put preservation over resiliency.
This is a City that wants to protect everything and they will continue to do so. Thousands of
years ago, the great community of Atlantis had historic preservation too. The fact is that if
they are going to preserve, they have to preserve the first floors, which are condemned to a
wet future. As a body, they are not acting responsibly by not realizing what the world
scientists are telling and what they are experiencing. He thinks this is selfish for the entire
community. He added that certain people did not want pumps on the Venetian Causeway,
but they were installed; if the islands are flooded, the media will generalized that “Miami
Beach is flooding” and this will affect everyone in the community. It is all for one, and one
for all, and that requires compromise.
Commissioner Rosen Gonzalez stated that they all want the best for the future of Miami
Beach and the need for resiliency, but she does not think that historic preservation versus
resiliency is relevant. She did not want to vote on the height increase on 71 st Street, but she
believed in all her colleagues that promised on the dais “so help me God” that they would
approve the Historic Districts as drawn by the Master Planner. This is what the North Beach
Steering Committee agreed to; thousands of residents wanted the historic designation and
that was a compromise. If buildings need seawall, they will build, and if other buildings
need to be demolished, just because they are designated historic, does not mean that it
cannot be demolished and be rebuilt.
Discussion held.
Vice-Mayor Malakoff commented that the 2014 HPB, when they approved the areas that
should be in the Local Historic Districts, they are the same as Commissioner Alemán stated
in her motions, except they did not necessarily say that “A” and “D” would become
Conservation Districts.
Commissioner Alemán stated that it is actually more protection actually than what was
approved in 2014, and in fact, they are committing to designate today. In fact, if one or both
of these sections are not included today, nothing stops those property owners from self-
designating. If they wish to designate, they have the right for local designation.
Discussion continued.
After Action December 5, 2016 City of Miami Beach
(Continued to December 9, 2016)
Special Commission Meeting
Page 27 of 29
Raul J. Aguila, City Attorney, suggested taking the motions in order. He explained that the
current moratorium on demolition permits, which was sponsored by Commissioner Arriola
and Vice-Mayor Malakoff expires on January 13, 2017, and as it was done by Ordinance
with 30-days’ notice; therefore, if this City Commission approves proceeding with the
designation of “C,” “E” and “G,” that would automatically put a stay on demolition permits
for those areas. Commissioner Arriola suggested extending the moratorium approved prior
to that. If this is done in that manner, then they can add the item for First Reading, with
retroactive application at First Reading, at the January 11, 2017 Commission Meeting. If
approved, they have 30 days to notice. Thomas Mooney to handle.
City Attorney Aguila clarified the order of the motions:
MOTION NO. 1:
Motion made by Commissioner Arriola to extend the demolition moratorium expiring
January 13, 2017 (clarified that it only pertains to Section “A”) for another six months;
seconded by Commissioner Alemán; Voice vote: 7-0. Office of the City Attorney to
prepare the Ordinance for the January 11, 2017 Commission Agenda. Thomas
Mooney to Handle.
MOTION NO. 2 & REFERRAL TO LAND USE & DEVELOPMENT COMMITTEE:
Motion made by Commissioner Alemán to request that the Planning Department initiate an
application for the creation of a Neighborhood Conservation District Overlay, and to refer
the item to the Land Use and Development Committee; seconded by Commissioner
Steinberg. Voice vote: 7-0. Thomas Mooney to handle.
MOTION NO. 3:
Motion made by Commissioner Alemán to accept the HPB’s recommendation to designate
Sections “C,” “E” and “G” as Local Historic Districts, and to authorize the Planning
Department to prepare a Designation Report based on those findings; seconded by
Commissioner Malakoff. Ballot vote: 7-0. Thomas Mooney to handle.
MOTION NO. 4:
Motion made by Commissioner Alemán to modify the HPB’s recommendation and deny
the proposed request for Local Historic District designation as to section “A,” the Tatum
Waterway; seconded by Commissioner Grieco. Ballot vote: 5-2; Opposed: Commissioner
Rosen Gonzalez and Steinberg. Thomas Mooney to handle.
MOTION NO. 5:
Motion made by Commissioner Alemán to modify the HPB’s recommendation, and deny
the proposed request for Local Historic District designation as to Section “D,” South
Shore Drive; seconded by Commissioner Grieco as courtesy, but will be voting “no” on
the motion. Ballot vote: 1-6. (Opposed Mayor Levine, Vice-Mayor Malakoff, and
Commissioner Arriola, Grieco, Rosen Gonzalez and Steinberg) Motion failed. Thomas
Mooney to handle
Mayor Levine stated that, historically, they have preserved, for the first time, almost 90%
of North Beach, with the exception of Tatum Waterway, and Dover Kohl will come up with
design guidelines that everyone agrees of, and to prevent high-rises. There is also the
addition of the six months moratorium.
After Action December 5, 2016 City of Miami Beach
(Continued to December 9, 2016)
Special Commission Meeting
Page 28 of 29
Commissioner Alemán reiterated that anyone can apply for historic designation along
Tatum Waterway, and it will be consistent within the context of the Conservation District.
Eve Boutsis, Chief Deputy City Attorney, explained that there is a process in the Code
that says one cannot demolish buildings unless the HPB reviews those areas to be
designated. She asked if the City Commission is looking for a demolition moratorium
additional to that provision for North Beach, or are they looking at a demolition prohibition
in the area excluded.
Vice-Mayor Malakoff explained that once is designated to be part of the Local Historic
District there can be no demolitions, except if authorized by HPB; however, the area
excluded, the Tatum Waterway, does need the moratorium, to keep buildings from being
demolished before the design guidelines and conservation are in place.
Chief Deputy City Attorney Boutsis added that she is modifying the scope of the
moratorium to only that area.
Commissioner Arriola clarified that today’s vote, as far as the areas designated as
historic, will in essence put a moratorium on demolition, and it would be appropriate for
the moratorium to apply in Section “A,” Tatum Waterway.
Commissioner Steinberg asked her colleagues to look at the processes for hardship
when it comes to sea level rise with the HPB, and have a separate referral item to
discuss hardship.
Raul J. Aguila, City Attorney, added that Commissioner Alemán has requested that the
criteria for designation, as well as for Design Review and Planning Board Conditional Use
approvals be included, taken into account resiliency and sea level rise.
Mr. Mooney informed that this item would be discussed at Land Use & Development
Committee next week.
Mayor Levine congratulated the community.
Meeting adjourned at 1:13 p.m.
Handouts and Reference Materials:
1. Memorandum to Mayor and Commissioners from Nancy Liebman regarding Item R9A.
2. Email from John Vice-Mayor Alemán dated December 5, 2016 RE: 12/5 Mtg speaker John
Breistol.
3. Email from Rafael Granado dated December 5, 2016 RE: North Beach designations – Email from
Ms. Susan Askew, Co-Chair of the Miami Beach of Commerce Real Estate Council.
4. Ad 1243 and 1251 published in The Miami Herald.
5. Abstract titled THE EFFECTS OF SEA LEVEL RISE ON HISTORIC DISTRICTS AND THE NEED
FOR ADAPTATION.
6. Email from jeffdonn@aol.com dated December 5, 2016 RE: Request to speak at the December 5,
2016 workshop.
7. Email from Pierre Elmaleh sent by email to Thomas Mooney on December 5, 2016, RE: City
Commission on North Beach.
8. Speakers List
9. Letters in support and opposition distributed by Sari Libbin.
After Action December 5, 2016 City of Miami Beach
(Continued to December 9, 2016)
Special Commission Meeting
Page 29 of 29
10. Timeline for the creation of Historic Districts in North Beach.
11. Letter dated December 5, 2016 from Jeff Donnelly RE: Local Designation of the North Shore and
Normandy Isles National Register Districts.
12. Email from Jamie Rose Maniscalco, Founder & CEO, Rose Relations, LLC, forwarded by
Commissioner John Elizabeth Alemán, dated December 6, 2016, RE: Response to the Dec 5
North Beach Commission Meeting.
13. Email from Daniel Ciraldo dgc223@gmail.com dated December 7, 2016, RE: Raising Sea Wall on
Crespi Boulevard 50 foot lot, with attached document titled 8011 Crespi blvd seawall proposal.pdf.
14. Email from Commissioner John Alemán dated December 9, 2017 RE: **PLEASE READ –
Important Photos Attached.
15. Email from Commissioner John Alemán dated December 9, 2016 RE: Dover Kohl clarification on
Historic Districts.
16. Area D – Proposed Normandy Isles Local Historic District – 27 total buildings showing map color-
coded including buildings with non-conforming FAR, 1 story Contributing buildings (5); 2-story
Contributing buildings (19); Non-Contributing buildings (3), and 6 Vacant Sections in the area of
South Shore Drive.
17. Area A – Proposed North Shore Historic District – 104 total buildings showing map color-coded
including buildings with non-conforming FAR, 1 story Contributing buildings (21); 2+ story
Contributing buildings (53); Non-Contributing buildings (30), and 5 Vacant Sections in the area of
Tatum Waterway Drive and Crespi Boulevard.
18. List of approximate number of units based on data from the US Census 2010 and Miami-Dade
County Property Appraiser, including a total number of parcels in North Shore, Area A of 92; in
Area total buildings 104 and number of residential units 848; in Normandy Isles, Area D, a total
number of parcels is 29 with the total number of buildings being 27. The total number of residential
units in Area D is 219.
Notices
1. REQUEST TO HOLD A SPECIAL MEETING OF THE CITY COMMISSION.
2. ADVERTISEMENT FOR THE DECEMBER 5, 2016 SPECIAL COMMISSION MEETING.
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