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92-2821 Ordinance ORDINANCE NO. 92-2821 AN ORDIN ANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665; AMENDING SECTION 19, "HISTORIC PRESER V A TION BOARD AND HISTORIC DISTRICT REGULA TIONS," AMENDING SUBSECTION 19-5, ENTITLED "DESIGNATION OF HISTORIC PRESER V A TION SITES OR DISTRICTS" BY EXPANDING THE EXISTING LOCALLY DESIGNA TED HISTORIC DISTRICTS TO INCLUDE ALL AREAS WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 18, 1992, the City's Historic Preservation Board held a public hearing and voted in favor of expanding the City's locally designated Historic Districts to include all areas within the Miami Beach Architectural District which are located within the National Register of Historic Places; and WHEREAS, the City of Miami Beach Planning and Zoning Department has recommended the amendment to the City's Comprehensive Zoning Ordinance contained herein; and WHEREAS, the City's Planning Board has also recommended that the City Commission pass this amendment to the Zoning Ordinance; and WHEREAS, this amendment is deemed necessary to protect and enhance the character of the properties located within the Miami Beach Architectural District as listed in the National Register of Historic Places; and WHEREAS, the City Commission believes that the amendments contained herein are necessary to the welfare of the citizens of the City of Miami Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 19-5, of Zoning Ordinance No. 89-2665, entitled "Designation of Historic Preservation Sites or Districts" is hereby amended as follows: 19-5 DESIGNATION OF HISTORIC PRESERVATION SITES OR DISTRICTS * * * C. Historic Preservation Designation * * * 6. All Sites and districts designated as Historic Sites and Districts shall be delineated on the City's zoning map pursuant to Section 21-8, Maps, of this Ordinance, as an Overlay District. Such Sites and districts include: * * * d. MXE/HPD-2: Ocean Drive from 5th to 15th Streets and Collins ^ vcn ue from 6th to Hith Streets and 15th Street from Ocean Drive to Collins ^ venue, ex eluding the follo'.';ing pareels of land: The Ocean Drive/Collins A venue Historic District is generally bounded bv the centerline of 5th Street from the Erosion Control Line to Ocean Court: centerline of Ocean Court to 6th Street: and the cen terl ine of 6th Street from Ocean Court to Collins Court on the south: Collins Court (as extended) from 6th Street to the northern edge of Lot 7. Block 57 of Fisher's First Subdivision of Alton Beach then east to the centerline of Collins A venue: and the centerline of Collins A venue to 22nd Street on the west: the centerline of 22nd Street on the north: and the Erosion Control Line on the east. A complete legal description is included in the designa tion reoort. Lots I thro\:lgh 4 of HarrisoR & Hayes S\:llJdi';isiaR; alsa, Those portions of Lots I and 2, Block 77, Fishers 1st S\:lbdivisioR of AltOR Beaoh lyisg east of the easterly bO\:lRdary of OGeaR Driye; &H;e, That tract of land beginning at the Rortheast earRer of Bloek 77, Fishers 1st S\:lbdiyisioR ef :\ltOR Beaeh theRoe r\:lRRiRg Rortheasterly 35.49', eontiR\:liRg tae easterly liRe of Bloek 77, Fishers 1st S\:lbdivisioR of AltoR Beaea, taeRoe easterly ta tae establisaed b\:llkaead liRe, taeRee SO\:ltawesterly fellowiRg tae established b\:llkhead line to the sortaeast corRer of Lot 1, Harrison & Hayes S\:lbdi':isioR, taeRee westerly aloRg tae Rortherly liRe of Lot I, HarrisoR & Hayes S\:lbdi'dsioR to tae sO\:ltheast COrRer of Bloek 77 Fishers 1st S\:lbdivisioR of :\lteR BeacR, thesce northeasterly 101.4' aloRg the easterly liRe af Block 77, Fishers 1st S\:lbdivision of Alton Beach to the point of beginning. e. GU, RS-3, RS-4/HPD-3: The east side of Collins Avenue to the Erosion Control Line from 77th Street to 79th Street. (All of Blocks 5,6, 11 and 12 of Altos Del Mar No. I Subdivision). Those properties which are owned by the State of Florida or the City of Miami Beach shall retain their GU GoverRment Use District Zoning designation. Those properties which are privately-owned shall retain their Single Family Zoning District classification of RS-3 or RS-4, respectively. Development within the Historic District whether on City, State, or privately owned Lots, shall be reviewed by the Planning Board and approved by the City Commission pursuant to the Conditional Use procedures as set forth in Section 17-3 of this Ordinance. f. RM-l, CD-2, CD-3, RO, GU/HPD-4: Flamingo Park Historic Preservation District, generally bounded by the centerline of 6th Street on the south; centerline of Lenox Court (as extendedl on the west including lots 7 and 8. Block 46 Commercial Subdivision and excluding Lots 1-6 Block 46. Commercial Subdivision; centerline of Lincoln Lane ~ North (excl\:ldiRg all properties having a property line on LiRcoln Road) on the north; ceRterliRe of Collins :\ "en\:le and Ocean Drive/Collins A venue Historic District (between 1 (ith Street and Lin(;JOln Road, exel\:ldiRg all properties haviRg a property line on Lincoln Road) on the east; and, excluding properties within the Espanola Way Historic District. (Complete legal description available on file with the designation report). g. MXE, CD-3, GU/HPD-5: Museum Historic Preservation District, generally bounded on the south by Lincoln Lane North (exel\:ldiRg all properties with a property liRe OR LiRGolR Road, aRd Lots I, 2 and 3 of Block 30 ,A.ltOR Beaeh First S\:llJdivisioR), the centerline of bloe\;: between James A venue and Washington A venue on west: (from LincolR LaRe North to 17th Street) aRd the ceRterliRe of James .^. ven\:le (from 17th Street to 19th Street) and tae ceRterline of Park ^ Yen\:le (from 17th Street to 22nd Street)and Collins Canal on north on the west; the centerline of 22Rd Street 23rd Street. including all orooerties fronting on or having a orooertv line on 23rd Street. on the north; and, the centerline of Collins Avenue on the East (Complete legal description available on file with the designation report). 7. Compliance with all other zoning regulations is required when not specifically addressed in this Section. 2 SECTION 2. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DA TE. This Ordinance shall take effect on the of November , 1992. 14th day PASSED and ADOPTED this 1992. day of ATTEST: 7vk~ f~~ C Y CLERK 1st reading 10/21/92 2nd reading 11/4/92 Underlined words = new language Strike O\:lt = deleted language DJG/JGG c:\ wp\jgg\pb\19-5 FORM APPROVED LEGAL DEPT. By .-J (.,) [bta 5)f<; "I' 7, ," _ ~ ,.> / .72 3 ", " \ , . . III U o ~ .. . . .. .. . CD - NATIONAL REGISTER ARCHITECTURAL DISTRICT Em LOCAL HISTORIC PRESERVATION DISTRICTS * LOCAL HISTORIC PRESERVATION SITES Prep.,e" by t". eM8 H;ator'c Pr...ty.rion Ind Urbln Cellgn ':;.0: EXHIBIT 1 :.!5 PROPOSED XPANSION AREA CURRENT EAN DR / COLLINS A DISTRICT ;:6 EXHIBIT 2 ",/ ...,~-.. ~7 EXHIBIT 3 CITY OF MIAMI BEACH m CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TEL.EPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. ;d/:},~-9,Z; TO: Mayor Seymour Gelber and Members of the City Commission DATE: November 4, 1992 FROM: Roger M. car1toj)Ltl.&~ C L City Manager r'i SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2665 TO EXPAND THE EXISTING LOCALL Y DESIGNATED HISTORIC DISTRICTS TO INCLUDE ALL AREAS WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT - ADMINISTRATION RECOMMENDA TION - SECOND READING ADMINISTRATION RECOMMENDATION As stated in the attached designation reports, the Administration concurs with the findings of the Historic Preservation Board and the Planning Board that the three (3) expanded historic districts meet the requirements for historic designation listed in the Zoning Ordinance. The Administration, therefore, recommends acceptance of these reports and recommends approval of the attached Ordinance designating the expansion of the Ocean Drive/Collins Avenue Historic District, Flamingo Park Historic District and Museum Historic District. The Administration believes that there might be a need for this Ordinance to be later amended to accommodate any concerns relative to perceived impediments in the development of a convention headquarters hotel, but that the designation process must continue to move forward. 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". On May 18, 1992, there was a joint meeting of the Planning Board and Historic Preservation Board to consider the designation reports for the expansion of the above referenced districts and to adopt a recommendation on historic designation to the City Commission. The Historic Preservation Board voted 7-2 in favor of recommending approval and the Planning Board subsequently voted 6-1 to recommend approval to the City Commission. Subsequent to the May 18 hearing, there were questions as to proper notification and advertising. As a consequence, the Planning Board re-heard the matter on July 23,1992. At that time, they voted to continue the meeting until such time as the City's consultant (Wallace Roberts & Todd) had completed its analysis of the feasibility of constructing a convention headquarters hotel within the design requirements of a local historic district. On September 22, 1992, the Planning Board held its continuation of the July 23 hearing, At that meeting, John Fernsler, representing Wallace Roberts & Todd (WRT), testified that their completed analysis demonstrates that a headquarters hotel can indeed be constructed within the area under consideration and meet all of the design standards and requirements of a Local Historic District, should the districts be expanded. On October 21, 1992, the City Commission adopted the amendment to the Ordinance on first reading by a vote of 6 to O. (Commissioner Pearlson abstained from that portion of the vote dealing with the expansion of the Museum District, due to a conflict of interest. Sie:nificant Dates July 23, 1986- City Commission designates the Ocean Drive/Collins Avenue Historic District. 2 DATE f\-3-~ ud-q~ AGENDA ITEM 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. May 18, 1992 - Historic Preservation Board and Planning Board hold joint public hearing and recommend approval of the proposed expansion of the Local Districts. June 2, 1992 - Administrative decision reached to have the Planning Board re-advertise and re-hear the matter to eliminate any Question of a procedural deficiency, July 23, 1992 - Planning Board opens public hearing on historic district expansion, Continues meeting until September 22. Sept 22, 1992 - Planning Board holds continued public hearing and votes 5-2 in favor of recommending expansion of the Local Historic Districts, following a report from the City's convention hotel consultant, WR T. October 21, 1992- City Commission adopts the amendment to the Ordinance on first reading by a vote of 6 to O. (Commissioner Pearlson abstained from that portion of the vote dealing with the expansion of the Museum District, due to a conflict of interest, Deshznation 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 transmit 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 which 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, (Note: 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" from the Historic Preservation Board, This six (6) month period has already commenced, based on the Historic Preservation Board's action on May 18,' 1992 and will terminate on November 18, 1992.) Deshmation ReDorts A designation report is an analysis of the historical and architectural significance of a nominated site or district. The report reviews current trends affecting the nominated area, 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, 2 3 ANAL YSIS 1. Ruulatorv ImDact of Historic District Deshznation, Should a property be included within a local historic district, the following regulatory changes would occur: A. The Zoning Ordinance requires that ill 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. Secretarv of the Interior's Standards for Rehabilitation of Historic Buildin2s, 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 changes 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 demoli tion, 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. 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, 2. Justification of EXDanded 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, 3 4 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 dev-eloped 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. 3. Zonin2 Amendment Review 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, The following presents an analysis of how the proposed expanded historic districts relate to these criteria. A. 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 which states: "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-" B. Whether. the proposed change would create an isolated district unrelated to adjace,nt or nearby districts. The proposed designations would integrate the subject areas with adjacent local districts and provide for consistency of regulations throughout the Architectural District. C. Whether the change suggested is out of scale with needs of the neighborhood or the City. The expansion of the local districts would encourage development that is compatible with the scale, characteristics and needs of the surrounding neighborhood. D. Whether the proposed change would tax the existing load on public facilities and infrastructure. There should be no significant effect on the public facilities and infrastructure serving these areas. E. 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. ~ 4 F. 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 this direct'ion to protect the entire Architectural District, Recent demolitions, including that of the Sands Hotel, demonstrate the necessity for this amendment. G. Whether the proposed change will adversely influence living conditions in the neighborhood. There should be no adverse effect. The quality of living conditions in designated areas has significantly improved since the City has created local historic district designations. Hundreds of Design Review cases (both substantial rehabilitation and cosmetic improvements) in the existing districts demonstrate that this improvement has occurred. H. 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 set forth in the Comprehensive Plan should not be affected by designation. Likewise, public safety should not be affected. I. Whether the proposed change will seriously reduce light and air to adjacent areas. If designation results in the retention and preservation of existing buildings, there should be no reduction in light and air. J. 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, K. Whether the proposed chanae will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Designation of the expansion areas should help to ensure continued improvement in adjacent neighborhoods because buildings on the edges of designated districts will now be protected and improved over time. L. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. As designation does not change the underlying zoning district classifications, the permitted land uses in the expanded historic districts are not to be affected. M. Whether it is impossible to find other adequate sites in the City for the proposed used in a district already permitting such use. This review criteria is not applicable. Based on the foregoing review, the Planning staff found the proposed historic designations to be in compliance with the criteria for zoning amendments and provided this finding to the Planning Board. 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. The Administration has only one concern about the local designation of the balance of the National Register Historic District in that it may be perceived by the hotel development secto~ and as an impediment to the development of a convention headquarters hotel on one Of more 6 5 of the sites identified by WR T We strongly believe that with the progress made on developing a consensus on this matter by the Historic Convention Village Citizens Advisory and Technical committee, that there should be no impediment. I say this in light of the recent unanimous support and conceptual approval of. WR T's findings, including that from our historic preserva tion represen ta ti ves. RMC:JK:RR:DJG:jm Attachments commisn \hisdist2.92 ""I 6