RESOLUTION 92-20507 RESOLUTION NO. 92-20507
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, CALLING FOR A PUBLIC HEARING TO CONSIDER A RECOMMENDATION
BY THE HISTORIC PRESERVATION AND THE PLANNING BOARDS TO AMEND
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 3 , "DEFINITIONS" , AMENDING
SUBSECTION 3-2 , ENTITLED "TERMS DEFINED" BY ADDING A
DEFINITION FOR "BED AND BREAKFAST INN" ;
2 . AMENDING SECTION 6, "SCHEDULE OF DISTRICT
REGULATIONS" , AMENDING SUBSECTION 6-2 , ENTITLED "RM-1,
RESIDENTIAL MULTI-FAMILY LOW INTENSITY" BY ADDING BED AND
BREAKFAST INN AS A PERMITTED USE;
3 . AMENDING SECTION 6, "SCHEDULE OF DISTRICT
REGULATIONS" , AMENDING SUBSECTION 6-6, ENTITLED "CD-1,
COMMERCIAL LOW INTENSITY" BY ADDING BED AND BREAKFAST INN
AS A PERMITTED USE;
4 . AMENDING SECTION 6, "SCHEDULE OF DISTRICT
REGULATIONS" , AMENDING SUBSECTION 6-22 , ENTITLED
"SUPPLEMENTARY USE REGULATIONS" BY CREATING CONDITIONS
AND REGULATIONS FOR BED AND BREAKFAST INNS ;
5. AMENDING SECTION 6, "SCHEDULE OF DISTRICT
REGULATIONS" , AMENDING SUBSECTION 6-24 , ENTITLED
"SCHEDULE OF DESIGN BONUSES" BY CLARIFYING WHICH BONUSES
ARE APPLICABLE TO PARTICULAR DEVELOPMENTS, ESTABLISHING
CRITERIA NO. 6, HISTORIC CRITERIA, FOR DEVELOPMENTS WHICH
ARE NOT LOCATED IN THE NATIONAL REGISTER DISTRICT AND
CREATING A NEW SET OF BONUS CRITERIA FOR DEVELOPMENTS
WHICH ARE LOCATED IN THE NATIONAL REGISTER DISTRICT;
6. AMENDING SECTION 18, "DESIGN REVIEW BOARD" , AMENDING
SUBSECTION 18-2 , ENTITLED "DESIGN REVIEW PROCEDURES" BY
ESTABLISHING FEES FOR REVISIONS TO PREVIOUSLY APPROVED
PLANS AND ESTABLISHING FEES FOR APPEALS OF STAFF OR
HISTORIC PRESERVATION BOARD DECISIONS;
7 . AMENDING SECTION 19 , "HISTORIC PRESERVATION BOARD
AND HISTORIC DISTRICT REGULATIONS" , AMENDING SUBSECTION
19-5,C, 5 ENTITLED "REQUESTS FOR PERMITS" BY ELIMINATING
REFERENCES TO ALL PERMIT ACTIVITIES EXCEPT DEMOLITION
WHICH REQUIRE AN ACCELERATED CERTIFICATE OF
APPROPRIATENESS AND BY ELIMINATING THE REQUIREMENT FOR A
COVENANT RUNNING WITH THE LAND IN ORDER TO BE ISSUED A
CERTIFICATE OF APPROPRIATENESS ;
8 . AMENDING SECTION 19, "HISTORIC PRESERVATION BOARD
AND HISTORIC DISTRICT REGULATIONS" AMENDING SUBSECTION
19-6, ENTITLED "ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS / CERTIFICATE TO DIG / CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION" BY PROVIDING FOR STAFF
REVIEW FOR SINGLE FAMILY HOMES WITHIN LOCALLY DESIGNATED
HISTORIC DISTRICTS; AND
9 . AMENDING SECTION 19, "HISTORIC PRESERVATION BOARD
AND HISTORIC DISTRICT REGULATIONS" , AMENDING SUBSECTION
19-7 ENTITLED "HISTORIC PRESERVATION BOARD AND DESIGN
REVIEW BOARD JOINT REVIEW OF PROJECTS" BY EXPANDING THE
JOINT REVIEW PROCESS TO INCLUDE THE NATIONAL REGISTER
DISTRICT OR SITES;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
1
WHEREAS, the revisions set forth herein are deemed necessary to
create regulations for bed and breakfast facilities and clarify
certain provisions, relating to design bonuses for developments in
the National Register District and to improve procedures of the
Historic Preservation Board and Historic District Regulations; and
WHEREAS, these revisions will encourage rehabilitation and use of
properties which are currently not being fully utilized as well as
preserving the integrity of the Architectural District; and
WHEREAS, the City of Miami Beach Historic Preservation and Planning
and Zoning Departments have recommended the revisions to the City's
Comprehensive Zoning Ordinance contained herein; and
WHEREAS, the City' s Planning Board held a public hearing on April
21, 1992 and voted to recommended that the City Commission pass
these amendments to the Zoning Ordinance; and
WHEREAS, Zoning Ordinance No. 89-2665 requires that two public
hearings be held prior to the adoption of these amendments; and
WHEREAS, said recommended amendments would be in keeping with the
evolving development goals and objectives of the City; and
WHEREAS, the City Commission believes that the amendments contained
herein are necessary to the health and welfare of the citizens of
the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA: that a public hearing for
consideration of the aforementioned amendments to the Zoning
Ordinance is hereby called to be held before the City Commission in
its chambers on the Third Floor of City Hall, 1700 Convention
Center Drive, Miami Beach, Florida on June 17 , 1992 beginning at
5: 01 p.m. and the City Clerk is hereby authorized and directed to
publish appropriate Public Notice of the said Public Hearing in a
newspaper of general circulation of,, the City of Miami Beach, at
which time and place all intereste' •arties wil heard.
PASSED AND ADOPTED this 6th . .,► of May 992 .
/i
MAYOR
ATTEST:
l
CITY CLERK
FORM APPROVED
LEGAL DEPT.
.11
By -6-1144-(044- 5:4114'"if
Date
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 30C1
DATE: May 6 , 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: gto'Ity Manager
g
SUBJECT: The Historic Preservation Board and the Planning Board
Request the City Commission Schedule Public hearings to
consider Historic Preservation Related Amendments to the
Zoning Ordinance:
1. Schedule of Floor Area Ratio Design Bonuses for
properties in Historic Districts.
2 . Issuance of Certificates of Appropriateness for
Single Family Homes in Historic Districts.
3 . Bed and Breakfast Zoning in Historic Districts. •
4. Joint Historic Preservation Board/Design Review
• Board. Review for Projects in the National Register
District but not in a Local Historic District.
5. Accelerated Certificate of Appropriateness.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission schedule two
(2) public hearings in order to consider amendments to the Zoning
Ordinance as recommended by the Historic Preservation and Planning
Boards. Two public hearing dates are requested because the Zoning
Ordinance requires these prior to the adoption of a zoning
amendment. The Administration requests the City Commission
schedule the first hearing on June 17, 1992 at 5: 01 p.m. and the
second hearing at the following commission meeting.
Historic Preservation Board Recommendation
On September 5, 1991 and January 2, 1992, the Historic Preservation
Board approved the concepts as presented in this memorandum and
requested the Planning Board to amend the Zoning Ordinance
accordingly.
Planning Board Recommendation
On April 21, 1991, the Planning Board held a public hearing to
review an Ordinance that included the concepts developed by the
Historic Preservation Board. Following the public hearing, the
Planning Board recommended that the attached Ordinance, which
amends the Zoning Ordinance, be approved by the City Commission.
18
AGENDAE
ITEM
DATE tL---9
•
BACKGROUND
The Historic Preservation Board has studied ways to improve the
architectural quality and economic viability of properties within
the National Register District. To this end, the Board prepared
two zoning amendments which address these objectives.
The first amendment establishes a set of floor area ratio design
bonuses that are geared towards the rehabilitation of historic
properties and new construction in the historic district. The
present schedule of bonuses is generic in nature and does not
address the architectural style that is commonly associated with
the City. The second amendment provides for the establishment of
Bed and Breakfast facilities in buildings that were originally
developed as single family homes. As these structures are too
small to be operated as apartment buildings, the establishment of
Bed and Breakfast facilities provides for a viable economic use of
the property. These items are further discussed in paragraphs I
and III below.
The Historic Preservation Board studied the process by which Design
Review occurs for properties which are in the National Register
Architectural District but not in a local historic district. The
Board found that the joint review by the Design Review/Historic
Preservation Board should be expanded to the National Register
District to insure a consistency of architectural style and
compatibility with properties in adjacent or neighboring historic
districts. This item is further discussed in paragraph IV below.
The Board has found that the process by which a Certificate of
Appropriateness (small permits) for single family homes is issued
should be shifted from the Board to staff in order to expedite the
issuance of building permits. The Board also found that the
process of issuing an Accelerated Certificate of Appropriateness
should be simplified. These items are further discussed in
paragraphs II and V below.
ANALYSIS OF THE REQUEST
I. FLOOR AREA RATIO DESIGN BONUSES FOR PROPERTIES IN THE NATIONAL
REGISTER DISTRICT
Floor Area Ratio Design Bonuses are necessary for additions to
existing buildings and new construction on vacant lots. For
rehabilitation projects which do not include additional floor
. area, all work must be consistent with the design guidelines
listed in neighborhood plans, the Zoning Ordinance and the
U.S. Secretary of Interior's Standards for Rehabilitation of
Historic Places.
Section 7 of the Ordinance (amends Subsection 6-24C. of Zoning
Ordinance 89-2665) provides the recommended bonuses, their
application and suggested point values. It is the intent of
the Historic Preservation Board that bonuses be given only for
construction which is consistent and beneficial to the
historic district. The Board's decision on the bonus value
was based on the overall benefit to the historic district
(streetscape and individual property) and relative cost of the
improvement. Since the list of bonuses is shorter than the
current schedule of bonuses, the point values are higher. This
allows a project to reach the maximum allowed FAR. The
amended FAR bonuses would be listed in a new section of the
Zoning Ordinance and apply only to properties within National
Register and/or within locally designated historic sites and
districts.
Background
•
At the June 6, 1991 meeting of the Historic Preservation
Board, the Chair appointed a subcommittee to study Section 6-
24, Schedule of Design Bonuses, of the Zoning Ordinance. At
its July 3 , 1991 meeting, the subcommittee reviewed the
1 9
• •
current Floor Area Ratio (FAR) levels in historic districts
and the existing schedule of design bonuses. The subcommittee
recommended deletion of a number of bonuses which it felt were
not in character with historic districts or described
improvements which would normally be required under the U.S.
Secretary of Interior's Standards. At its August 1, 1991
meeting, the subcommittee refined the list of bonuses,
assigned a relative value to each bonus, directed staff to
assign specific point value to each bonus and recommended the
Board recommend in favor of the amendments to the Miami Beach
Planning Board. At the September 5, 1991 meeting, the
Historic Preservation Board voted 6-0 to adopt the Sub-
committee's recommendations with amendments.
Case Studies
To evaluate the effectiveness of the proposed schedule of
design bonuses, Historic Preservation and Urban Design staff
used them to review three (3) completed projects (two
additions to historic buildings, one new residential
construction) and one proposed hotel project. Based on these
case studies, the Historic Preservation Board determined that
the proposed schedule of bonuses would not limit the ability
of quality construction projects to reach the maximum allowed
FAR with bonuses. Having subsequently reviewed this.
information, the Planning & Zoning staff concurs with this
conclusion. This information is presented in Appendix No. 1.
II. CERTIFICATES OF APPROPRIATENESS FOR SINGLE FAMILY HOMES IN
HISTORIC DISTRICTS
At the September 5, 1991 meeting, the Historic Preservation
Board voted 6-0 in favor of this Zoning amendment. Under this
proposal, Historic Preservation and Urban Design staff would
perform the review of minor projects in single family homes
within locally designated historic sites and districts. As
now designated, this would affect properties in the Espanola
Way District, the Flamingo District (Lenox and Michigan
Avenues) and the Altos del Mar District. The Ordinance now
requires a review by the entire Board.
III. BED AND BREAKFAST INN ZONING
Between March and June of 1991, the Historic Preservation
Board studied the impact of Bed and Breakfasts Inns as a
permitted use within historic preservation districts.
Currently, the Zoning Ordinance includes bed and breakfast use
under the definition of hotel, a use which is not generally
permitted in the Architectural District. The Board
recommended that Bed and Breakfast Inns be permitted only in
historic buildings originally constructed as single family
homes. This would provide a viable economic use for these
historic structures which are too small for apartment use.
The Board felt limiting bed and breakfasts to these structures
(approximately 35 within recommended areas) would not have a
negative impact on the multi-family residential character of
these areas.
The Planning Board recommended that Bed and Breakfast
facilities be allowed in the RM-1 Low Intensity Residential
District and in the CD-1 Low Intensity Commercial District.
The remaining commercial districts (CD-2 and CD-3) and the
high intensity residential districts (RM-2 and RM-3) permit
Bed and Breakfast facilities because they are considered as
hotels.
�o
IV. HISTORIC PRESERVATION/DESIGN REVIEW BOARD REVIEW FOR
PROPERTIES NOT IN A LOCAL HISTORIC DISTRICT BUT WITHIN THE
NATIONAL REGISTER ARCHITECTURAL DISTRICT.
The Design Review Board reviews all projects which affect the
exterior architecture of a building. The Design
Review/Historic Preservation Board meet together to review
projects which are located in local historic districts. The
"joint review" is accomplished by three members (Preservation
Architect, Architectural Historian and Chair) of the Historic
Preservation Board meeting with the Design Review Board.
The Historic Preservation Board has requested that the joint
review be expanded to include those properties which are not
in a local historic district, but are within the National
Register Architectural District (see map) . As the South Beach
local historic districts comprise 78% of the National Register
District (see map) , the expanded area represents areas that
are adjacent to the local historic districts.
The expanded joint review is recommended because development
in the undesignated portion (not in local historic districts)
of the National Register Architectural District has a direct
visual impact on properties in the adjacent local historic
districts. Review by the Historic Preservation Board
representatives will assure that new construction and
substantial rehabilitation will occur in a manner that is
consistent with the U.S. Secretary of the Interior' s
Standards. If approved, this initiative will not affect the
maximum floor area of a building. It will help to insure that
new construction "fits" into the neighborhood and that the
design of the structure is consistent with the vision and
image of the City. In the future, if the local historic
districts are expanded to match the National Register
Architectural District, then the joint review of the Design
Review and Historic Preservation Boards is automatic. The
expansion of the local historic districts will be considered
by the Historic Preservation and the Planning Boards at a
joint public hearing on May 18, 1992. It is expected that
consideration by the City Commission on this issue will be in
October 1992 .
V. ACCELERATED CERTIFICATE OF APPROPRIATENESS
Section 19-5, C-5, of the Zoning Ordinance lists procedures
for Accelerated Certificates of Appropriateness. This
procedure deals with requests for building permits submitted
during the time period following the Historic Preservation
Board's affirmative vote on a designation at a public hearing
(presentation of designation report) and before official
approval or denial of the designation by the City Commission.
The intent of this section was to prevent unsympathetic
alteration or demolition of a historic building before the
protective regulations take effect.
The first amendment eliminates references to all permit
activities except demolition. As the entire Architectural
District will be subject to joint review by the Design
Review/Historic Preservation Board, this provision is
unnecessary.
The second amendment eliminates the requirement in Section 19-
5, C-5,c for a covenant running with the land. The Board
suggested that this requirement is time consuming, onerous and
unnecessary.
21
a:\HP\general\zonamnds.cm
•
CONCLUSIONS
I. FLOOR AREA RATIO DESIGN BONUSES FOR PROPERTIES IN THE NATIONAL
REGISTER DISTRICT.
The Administration agrees with the findings of the Historic
Preservation and Planning Boards that a separate schedule of
floor area ratio design bonuses be established for the
properties in the historic districts.
II. CERTIFICATES OF APPROPRIATENESS FOR SINGLE FAMILY HOMES IN
HISTORIC DISTRICTS
The Administration agrees with the findings of the Historic
Preservation and Planning Boards that staff be given the
authority to review/issue Certificates of Appropriateness for
single family homes in the historic districts.
III. BED AND BREAKFAST ZONING
The Administration agrees with the findings of the Historic
Preservation and Planning Boards that the establishment of Bed
and Breakfast facilities be allowed in the historic districts
in buildings that were originally built as single family
homes. This will provide for an economically viable use of
the property and provide alternative lodging options for
tourists.
IV. HISTORIC PRESERVATION/DESIGN REVIEW BOARD REVIEW FOR
PROPERTIES IN THE NATIONAL REGISTER DISTRICT.
The Administration agrees with the findings of the Historic
Preservation and Planning Boards that joint Historic
• Preservation/Design Review Board review be expanded to that
portion of the National Register District which is not
currently in a local historic district. Joint review
comprises three (3) Historic Preservation Board members
(Preservation Architect, Architectural Historian and Chair)
meeting with the Design Review Board. Should this initiative
be approved, the joint review process will insure that
development along the fringe of local historic districts will
be of compatible architectural style.
V. ACCELERATED CERTIFICATES OF APPROPRIATENESS
The Administration agrees with the findings of the Historic
Preservation and Planning Boards that the existing process
should be simplified by eliminating the covenant running with
the land and only requiring requests for Certificates of
Appropriateness for Demolition to be reviewed by the Historic
Preservation Board and approved by the City Commission.
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•
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New Hotel Construction, 524 Ocean Drive
Base FAR 1.75
Proposed FAR 3 . 12
Bonus FAR points needed 1. 37
Bonuses would be awarded for:
#4, Front porch 0. 1
#6, Historic materials 0. 1
#7, Alignment of doors and windows 0. 25
#15, Recreational facilities 0. 025
#16, Roof surface 0. 05
#17, Xeriscape 0. 1
#18, Alley improvements 0.25
Bonus for hotel unit size(Section 6-23) 1.25
Total bonus points available 2. 125*
* Note: Section 6-23 limits design bonuses in hotel development to
0.50.
25
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VKi 11VAL
RESOLUTION NO. 92-20507
Calling a public hearing to consider a
recommendation by the Historic Preservation
and the Planning Boards to amend
Comprehensive Zoning Ordinance No. 89-2665
by amending Section 3, "Definitions" and
Section 6, "Schedule of Distric
Regulations".
Nattivinissumalim
•
. . . . . . . . . .
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