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RESOLUTION 92-20521 RESOLUTION NO. 92-20521 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY'S PLANNING BOARD TO HOLD A PUBLIC HEARING AND TO MAKE A RECOMMENDATION REGARDING AN AMENDMENT TO SECTION 19 OF COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SUBSECTION 19-5, ENTITLED "DESIGNATION OF HISTORIC PRESERVATION SITES OR DISTRICTS" BY EXPANDING THE LOCALLY DESIGNATED HISTORIC DISTRICTS TO INCLUDE ALL AREAS WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES. WHEREAS, the City of Miami Beach Historic Preservation and Urban Design Department and Planning and Zoning Department have recommended the revisions to the City' s Comprehensive Zoning Ordinance set forth in the attached ordinance, Exhibit "1" ; and WHEREAS, on May 18 , 1992 the City' s Historic Preservation Board held a public hearing and voted to recommend expanding the City' s locally designated historic districts as provided in Exhibit "1" • and WHEREAS, on May 18 , 1992 the City' s Planning Board held a public hearing and voted to recommend in favor of the amendments to the Comprehensive Zoning Ordinance set forth in Exhibit "1" ; and WHEREAS, due to procedural concerns the City Administration has recommended that the City Commission refer the proposed ordinance back to the Planning Board for a new public hearing and recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that the attached ordinance, Exhibit "1" , is hereby referred back to the Planning Board and the Planning Board is hereby directed to hold a public hearing regarding an amendment to Section 19 of Comprehensive Zoning Ordinance No. 89-2665, amending Subsection 19-5, entitled "Designation of Historic Preservation Sites or Districts" by expanding the locally designated historic districts to include all areas within the Miami Beach Architectural District listed in the National Register of Historic Places, and to recommend to the City Commission whether said ordinance should be enacted. PASSED and ADOPTED this 3rd day o June 1992 . OF 1 MAYOR ATTEST: 2 , CITY CLERK (JCD/ks)a:res-ord\am§19-5.res) FORM APPROVED LEGAL DEPT. 5/,(441. SeAtea By Date 6--4- rig 2 CITY OF MIAMI REACH 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. g- TO: Mayor Seymour Gelber and DATE:. June 3 , 1992 Members of the City Commission FROM: Roger M. C. a. City Manag SUBJECT: Historic Preservation Board and Planning Board Recommendation and Request to Schedule Public Hearings to Amend the Zoning Ordinance for Purposes of Expanding the Local Historic Districts to Match the National Register District. The Affected Properties (Expansion Areas) Include: 1. Expansion of the existing Ocean Drive/Collins Avenue Historic District to include the White House/Solymar site and all properties east of Collins Avenue from 16th to 22nd Street. 2 . Expansion of the existing Flamingo Park Historic District to include those properties fronting on Lincoln Road between (generally) Lenox Avenue and Collins Avenue. 3 . Expansion of the existing Museum Historic District to include (generally) those properties east of the Convention Center on Washington Avenue, Park Avenue, James Avenue, 22nd and 23rd Streets. ADMINISTRATION RECOMMENDATION On May 18, 1992, the Historic Preservation Board and the Planning Board held public hearings pertaining to the expansion of the existing local historic districts to match the National Register District boundaries (see map) . At those hearings, attorneys representing opposition to the expansion of the historic districts raised procedural questions pertaining to compliance with public notice requirements for advertising the Planning Board public hearing. Although we believe the published public notice complies with the technical aspects of the law, we cannot ignore these procedural concerns. Specifically, the public notice for the Planning Board public hearing did not include a map of the affected areas. Based upon the above and in the abundance of caution, the Administration feels this matter should be referred back to the Planning Board for a new public hearing. In this manner, we can be assured that all procedural aspects of the law are strictly followed. Referring this matter back to the Planning Board will not affect the affirmative action taken by the Historic Preservation Board. As set forth in the Zoning Ordinance, simultaneously with the 99 AGENDA ITEM DATE Historic Preservation Board's vote, a moratorium on demolition permits for properties in the affected areas is automatically in place for a period of time up to six months or until the City Commission votes on the historic designation, whichever occurs first. Moreover, as it was anticipated the City Commission would set public hearing dates in October, there is sufficient time to accommodate a new public hearing before the Planning Board. BACKGROUND At its January 2, 1992 meeting, the Historic Preservation Board requested staff to prepare designation reports on the expansion of the local historic districts to match the boundaries of the National Register "Architectural District" (see map) . The purpose of this public hearing is to consider the attached designation reports and adopt a recommendation on the local historic designation of expanded districts for consideration by the City Commission. Significant Dates July 23, 1986 - City Commission designates the Ocean Drive/Collins Avenue Historic District. June 20, 1990 - City Commission designates the Flamingo Park and Museum Historic Districts. December 5, 1991 - Historic Preservation Board nominates all areas within the Architectural District not already locally designated, for local historic district designation. January, 1992 - Historic Preservation Board considers the preliminary review of nominated areas and directs staff to prepare designation reports. Designation Process The designation reports for the three (3) expanded local historic districts are required to be presented to the Historic Preservation Board and the Planning Board at public hearings. Following public input, the Historic Preservation Board votes on whether or not the proposed districts meet the criteria listed in the Zoning Ordinance and transmits a recommendation on historic designation to the Planning Board and City Commission. If the Board votes against the designation, no further action is required. If the Board votes in favor of designation, the Planning Board reviews the designation reports and formulates its own recommendation. The recommendations of both Boards along with the designation reports are presented to the City Commission who will hold two (2) public hearings on the designation. Following the second hearing, the City Commission may designate all or portions of the nominated areas as part of a local historic district with a 5/7 majority vote. Following the Historic Preservation Board's affirmative vote on the designation reports, requests for demolition permits in the nominated districts can be withheld for a maximum of six (6) months until the designation process is complete or the applicant applies for and receives an "Accelerated Certificate of Appropriateness. " Designation Reports A designation report is an analysis of the historical and architectural significance of a nominated site or district. The report analyses the nominated area's compliance with the criteria for historic designation listed in the Zoning Ordinance and recommends review standards for development projects within the area if designated. 100 ANALYSIS 1. Regulatory Impact of Historic District Designation. Should a property be included within a local historic district, the following regulatory changes would occur: A. The Zoning Ordinance requires that all., buildings in Miami Beach (except single family homes) receive Design Review Board approval prior to the issuance of a building permit for any improvement. Properties located within the National Register Architectural District are reviewed by the seven (7) member Design Review Board using the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, design guidelines contained in neighborhood plans, criteria listed in the Zoning Ordinance and design guidelines developed by the Board. For those properties which are within a local historic district, the same review process and same guidelines are used, however, three (3) members of the Historic Preservation Board join the Design Review Board in the review. No additional hearings or change in guidelines are required. B. If a property within a local historic district requests a permit for demolition, the Zoning Ordinance provides for a review process: 1. Demolition of a historic building within a local historic district requires a public hearing before the Historic Preservation Board, who submits a recommendation to be heard at a public hearing before the City Commission. The City Commission makes the final decision on the request for demolition. A 5/7 Commission vote is required to overrule a Historic Preservation Board recommendation. The City Commission has the authority to approve, approve with conditions or deny the request for demolition. 2. Demolition of a non-historic building within a local historic district requires a public hearing before the Historic Preservation Board. The purpose of this hearing is to confirm the non- historic status of the building. If confirmed, no further hearing is required. 3. The Zoning Ordinance contains the criteria to be used by the Historic Preservation Board and City Commission in making their decision on requests for demolition. If a demolition request is approved, the permit may not be issued until the building permit for the replacement use is issued. This prevents demolition on speculation, resulting in vacant lots. C. Within the Mixed Use Entertainment (MXE) Zoning District local historic designation allows hotel rooms in existing buildings to be a minimum size of 200 sq. ft. Without local designation, minimum hotel unit sizes range from 300 sq. ft. with 85% of units above 335 sq. ft. This will affect properties located within the proposed Museum Historic District expansion area. D. Historic designation does not change the underlying zoning classification, permitted uses, floor area ratio and setbacks, parking or other similar types of regulations. - 3 - f' 101 1 , 2. Justification of Expanded Districts A. Expansion of Ocean Drive/Collins Avenue District. The district, first designated in 1986, includes the majority of historic hotel/tourist facilities and all historic oceanfront development within the National Register Architectural District. For reasons more fully explained in the attached designation _ report, staff finds the expanded district meets the mandatory and review criteria for designation listed in the Zoning Ordinance. The expanded district contains 130 historic structures (60% of total sites) which exemplify the cultural development of Miami Beach in the 1920s-1940s, the period which established Miami Beach as America's premier oceanfront resort. B. Expansion of the Flamingo Park Historic District. This district, originally designated in 1990, contains the majority of historic multi-family and commercial development within the National Register Architectural District. The inclusion of Lincoln Road properties is appropriate for, like Washington Avenue, Lincoln Road is traditionally the primary commercial/ retail center of Miami Beach, played a major role in the development of Miami Beach, and contains a high percentage of historic structures. For reasons more fully explained in the attached designation report, staff finds the expanded district meets the mandatory and review criteria for designation as listed in the Zoning Ordinance. The expanded district contains 632 historic buildings (62% of total sites) , is associated with events and persons significant to the history of Miami Beach and represents high artistic/architectural values. C. Expansion of the Museum Historic District. This district, originally designated in 1990, contains the remainder of the historic hotel and multifamily development in the northern section of the National Register Architectural District. Originally developed in close proximity to the Alton Beach (later named Municipal) Golf Course, this northern section of the district has a more intimate, garden like setting than the Flamingo Park Historic District. Concern for development of a new Convention Center hotel limited the boundaries of the original district; however, recent agreements between the preservation and development communities along with a consultant study on the integration of convention facilities within a historic district have helped allay this concern. The expanded district contains 60 historic buildings (50% of total sites) , among which are outstanding examples of historic architectural styles and master architects. Staff finds the expanded Museum District meets the mandatory and review criteria as listed in the Zoning Ordinance. CONCLUSION Since 1986, the City has employed an incremental approach to the local designation of the National Register Architectural District. This approach has enabled the concept of preservation to be gradually absorbed by the community. The positive social and economic impact preservation has had on the revitalization of South Beach and worldwide media recognition of Miami Beach is well known. The proposed designation of the remainder of the Architectural District is timely and appropriate to protect the cultural heritage of the community. RMC:JK:ml - 4 - 102 CITY OF MIAMI BEACH (r11;111 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 DEPARTMENT OF CITY HALL HISTORIC PRESERVATION&URBAN DESIGN 1700 CONVENTION CENTER DRIVE TELEPHONE: (305)673-7819 TO: Roger M. Carlto City Manager FROM: Jud Kurlanchee ; Director Historic Preservation and Urban Design Department DATE: May 29, 1992 RE: Historic Preservation Commission Memorandum R-7-H The following responds to the two questions you raised regarding the above captioned memorandum. Question: Can the City Commission schedule public hearings in November as opposed to October. Answer: The Zoning Ordinance provides for a maximum hold on demolition permits which is tolled from the date the Historic Preservation Board determines its recommendation pertaining to the establishment of historic districts. Since the Historic Preservation Board's vote occurred on May 18, 1992, the City Commission's two public hearings must be concluded prior to November 18, 1992. Customarily, our ordinances provide for a ten-day waiting period before the regulations are effective. By scheduling two hearings in October, we are providing the City Commission with the flexibility of continuing their discussion and vote until November 4 , 1992 meeting. If we wait until November 4th and 18th to hold the public hearings, we are removing all flexibility from the City Commission. Please advise as to your preference. Question: Is the six-month hold on demolition permits "permissive" or "mandatory. " Answer: The Zoning Ordinance allows for the City to hold demolition permits up for a maximum of six months or until the designation is approved or rejected by the City Commission. If the latter occurs in less than six months, then the hold on demolition permits automatically terminates upon the vote of the City Commission. It is suggested that the use of the word "can" on page two, in paragraph two, is appropriate. JK:ml • 103 • 7 'J. 1.------- ?S BISCAYNE BAY Nik --------- 42 • \ © DD 11 F------ (t..\. ' .. ......., .... 1 • Ill 0 -11 Li III CI 1:A•IT, . t , ALTON MAD d 111 i .p.........p EiiiiE.. 1E5 11111 .zJ ( I UENOX AVENUE IIII A ill 11=UN=A - ALI IIIIIII II I I it. 1/ LIN AVENUE NINAMIC 11111 al 0 1111 Ma I I 1 III Lil AFFEASON AVENUE .r... AIN WNW III iCID 1 Et !. ganDIAN Avcji=i,..........----. CIEP:s MERIDIAN AVENME 111 III lila XE:1*0 k DI C=J11 IIII [: DicJirc--3 irs;ifam#1 lii t ri,W,y10 A NU • . Err i Q E 1 1 Ell EiCiCIIDILI 4 CONVENT1ON CENTER owe PENNSYLVANIA AVENUE PENNSYLVANIAauE AVENUE rosigwmil L27 Ci ri MOIC:3 *Cr:i lira 1.:27 ASHIP40 11:::1 0 0 Li IM .'ffT A frfp, %Om lir c:7 TZ7.. - fts4EleicJ ' c=-1 .-AOL 111111 11 — N\i. ....., .ceij co ocj,c: WASHINGTON AVENUE . . . .. .. ARCHITECTUR ' DISTRICT BOUNDARI • .••••••••••••••• ••••••••• ................ .................... ........ , ........,....,. ......... . .. .......... ..:.:.:...:.:.,...:......... ...•.•".•".• .,. (NATIONAL REGISTER OF HISTORIC PLACES) ........................................... .. •• . %••••• •...• -..... , iiimg.,::!::!;;. ;::;:N:::::..mmioii•; ::::..•,::i ;i:i: iMiA::*. ...... •. .11 • : -:::, ... •..:**:.... .• PROPOSED HISTORIC . ...:.:::':"'".';; A::::.....r.''.iiii:Y...::::, .. ATLANTIC OCEAN DISTRICT EXPANSION AREAS (SHADED AREAS) . NOTE: THIS MAP INDICATES THE GENERAL BOUNDARIES OF THE PROPOSED HISTORIC DISTRICT EXPANSION AREAS. A COMPLETE LEGAL DESCRIPTION IS AVAILABLE AT THE DEPARTMENT OF PLANNING AND ZONING AND THE HISTORIC PRESERVATION AND URBAN DESIGN DEPARTMENT. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 DEPARTMENT OF CITY HALL HISTORIC PRESERVATION&URBAN DESIGN 1700 CONVENTION CENTER DRIVE TELEPHONE: (305) 673-7819 TO: Chair and Members Planning Board FROM: Jud Kurlanche R• Director Historic Preservation and Urban Design Department Dean Grandin, Director 111/ Planning and Zoning Dep Tient DATE: May 18, 1992 RE: • Supplemental Staff Report: Compliance of Proposed Historic Designation with Zoning Ordinance Criteria Section 14-2 (E) of the Zoning Ordinance contains a list of 13 criteria the Planning Board is to consider when reviewing a request for an amendment to the Ordinance. This report presents an analysis of how the proposed expanded historic districts relate to the criteria. 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood plan or redevelopment plan. The proposed designations are consistent with the Historic Preservation Element of the Comprehensive Plan Objective No. 1: By 1993 increase the total number of structures designated as historically significant from that number of structures designated in 1988, either individually or as a contributing structure within a National Register Historic Preservation District or a local ordinance historic preservation district. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. The proposed designations would integrate the subject areas with adjacent districts and provide for consistency of regulations. 3. Whether the change suggested is out of scale with needs of the neighborhood or the City. Not applicable. The expansion of the districts would encourage development compatible with the scale, characteristics and needs of the surrounding neighborhood. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. No effect. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed boundaries reflect the National Register District boundaries. Each of the proposed local districts represent logical boundaries based on land use, man-made boundaries and historical association. 105 1 ► 6. Whether changed or changing conditions make the passage of the proposed change necessary. The success of historic preservation in the revitalization of southern Miami Beach supports the protection of the entire Architectural District. Recent demolition, including the Sands Hotel, demonstrate the necessity of this amendment. 7. Whether the proposed change will adversely influence living conditions in the neighborhood. No adverse effect. The quality of living conditions in designated areas has significantly improved since the City started historic district designations. Hundreds of Design Review cases (both substantial rehabilitation and cosmetic improvements) in the district demonstrate this improvement. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of service as set forth in the Comprehensive Plan or otherwise affect public safety. As designation encourages the retention of existing buildings and does not change the permitted land uses, the levels of service seforth in the Comprehensive Plan will not be affected by designation. Likewise, public safety will not be affected. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. If designation results in the retention of existing buildings, there should be no reduction in light and air. 10. Whether the proposed change will adversely affect property values in the adjacent area. As property values and value of construction have historically increased in the existing designated districts, there is no evidence to suggest that designation would adversely affect property values in the proposed areas. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Designation of the expansion areas will insure continued improvement in adjacent neighborhoods because buildings on the edges of designated districts will now be protected. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. As designation does not change underlying zoning district classifacation, the permitted land uses are not affected. 13. Whether it is impossible to find other adequate sites in the City for the proposed used in a district already permitting such use. Not applicable. Analysis Staff finds the proposed historic designations to be in compliance with the criteria for zoning amendments listed in Section 14-2 (E) of the Zoning Ordinance. 1G6_ c\gsnewal\sec14-2Enc VAIUIiNk L 0 RESOLUTION NO. 92-20521 Directing the City's Planning Board to hold a public hearing and to make a recommendation regarding an amendment to §19 of Comprehensive Zoning Ordinance No. 89-2665, amending Subsection 19-5, entitled "Designaiton of Historic Preservation Sites or Districts" by • expanding the locally designated historic • districts to include all areas within the Miami Beach Architectural District listed in the National Register of Historic Places.