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92-2786 ORD ORDINANCE NO. 92-2786 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING 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 REGULA TIONS", AMENDING SUBSECTION 6-2, ENTITLED "RM-l, RESIDENTIAL MUL TI- F AMIL Y LOW INTENSITY" BY ADDING BED AND BREAKFAST INN AS A PERMITTED USE; 3. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULA TIONS", AMENDING SUBSECTION 6-6, ENTITLED "CD-I, COMMERCIAL LOW INTENSITY" BY ADDING BED AND BREAKFAST INN AS A PERMITTED USE; 4. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULA TIONS", AMENDING SUBSECTION 6-22, ENTITLED "SUPPLEMENT AR Y USE REGULATIONS" BY CREATING CONDITIONS AND REGULATIONS FOR BED AND BREAKFAST INNS; 5. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULA TIONS", AMENDING SUBSECTION 6-24, ENTITLED "SCHEDULE OF DESIGN BONUSES" BY CLARIFYING WHICH BONUSES ARE APPLICABLE TO PAR TICULAR DEVELOPMENTS, ESTABLISHING CRITERIA NO.6, HISTORIC CRITERIA, FOR DEVELOPMENTS WHICH ARE NOT LOCA TED IN THE NA TIONAL REGISTER DISTRICT AND CREA TING 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 EST ABLISHING FEES FOR REVISIONS TO PREVIOUSLY APPROVED PLANS AND EST ABLISHING FEES FOR APPEALS OF ST AFF OR HISTORIC PRESER V A TION BOARD DECISIONS; 7. AMENDING SECTION 19, "HISTORIC PRESER V A TION 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 ELIMINA TING THE REQUIREMENT FOR A COVENANT RUNNING WITH THE LAND IN ORDER TO BE ISSUED A CER TIFICA TE OF APPROPRIA TENESS; 8. AMENDING SECTION 19, "HISTORIC PRESER V A TION BOARD AND HISTORIC DISTRICT REGULATIONS" AMENDING SUBSECTION 19-6, ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS / CER TIFICA TE TO DIG / CER TIFICA TE OF APPROPRIATENESS FOR DEMOLITION" BY PROVIDING FOR ST AFF REVIEW FOR SINGLE F AMIL Y HOMES WITHIN LOCALLY DESIGNATED HISTORIC DISTRICTS; AND 9. AMENDING SECTION 19, "HISTORIC PRESER V A TION BOARD AND HISTORIC DISTRICT REGULATIONS", AMENDING SUBSECTION 19-7 ENTITLED "HISTORIC PRESER V A TION BOARD AND DESIGN REVIEW BOARD JOINT REVIEW OF PROJECTS" BY EXPANDING THE JOINT REVIEW PROCESS TO INCLUDE THE NATIONAL REGISTER DISTRICT AND SITES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE, PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 reVlSlons 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 Planning and Zoning Department has recommended the revisions to the City's Comprehensive Zoning Ordinance contained herein; and WHEREAS, the City's Planning Board has also recommended that the City Commission pass these amendments to the Zoning Ordinance; 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 ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Underlined words = new language Strike out = deleted language SECTION 1. That Subsection 3-2 of Zoning Ordinance No. 89-2665, entitled "Terms Defined" is hereby amended as follows: 3-2 TERMS DEFINED * * * BED & BREAKFAST INN: A historic Structure originally built as a single family residence which is owner occuDied and oDerated to Drovide guest rooms with breakfast and/or dinner included as Dart of the room rate. SECTION 2. That Subsection 6-2 of Zoning Ordinance No. 89-2665, entitled "RM-I, Residential Multi-Family Low Intensity" is hereby amended as follows: 6-2 RM-I RESIDENTIAL MULTI FAMILY, LOW INTENSITY. A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses This district is designed for Single Family detached Adult Congregate Living See Section 6-21. low intensity, low rise, single Dwellingj Townhomesj FacilitYj Day Care Facility; and multiple Family Apartments: Bed & Breakfast Nursing Homej Religious residences, Inn (pursuant to Section Institutionsj Private and 6-22,m, Uses that serve Public Institutions; Schoolsj Alcoholic Beverages as listed Commercial or non-commercial in Section 12 (Alcoholic Parking Lots and Garages. Beverages), 2 SECTION 3. That Subsection 6-6 of Zoning Ordinance No. 89-2665, entitled "CD-I, Commercial Low Intensity" is hereby amended as follows: 6-6 CD-I COMMERCIAL, LOW INTENSITY. A. Purpose and Uses 1. District Purpose 2. Main Permitted UBe8 3. Conditional UBe8 4. AccellllOry UBe8 This is a retail sales, Personal Commercial Usesj Apartments, Adult Congregate Living See Section 6-21- Services, shopping district, Bed & Breakfast Inn (pursuant Facilities; Nursing Homes; designed to provide service to to Section 6-22.HL Uses that Religious Institutionj Public surrounding residential serve Alcoholic Beverages as and Private Institutionsj neighborhoods, listed in Section 12 (Alcoholic Schools; Day Care Facility; Beverages) . Warehouses; and any Use selling gasoline. SECTION 4. That Subsection 6-22 of Zoning Ordinance No. 89-2665, entitled "Supplementary Use Regulations" is hereby amended as follows: 6-22 SUPPLEMENT AR Y USE REGULA nONS * * * H. Bed and Breakfast Inns are permitted with the following conditions: 1:. The Use shall be situated in a Building listed as "historic" in the Miami Beach Historic Properties Data Base as maintained by the Historic Preservation and Urban Design Department and located in a locally designated historic preservation district. The Use may also be situated in a Building listed as "non-historic altered" if it is restored to its original historic appearance and re-categorized as "historic". 2. The owner of the Bed and Breakfast Inn shall permanently reside in the Structure. 1. The Structure shall have originally been constructed as a single family residence. The Structure may have original auxiliary structures such as a detached garage or servant's residence. but shall not have non-historic multi-family or commercial auxiliary Structures. 4. The Structure shall maintain public rooms (living room/dining room) for use of the guests. 5. The size and number of guest rooms in a Bed and Breakfast Inn shall conform to the following: .iL. The Structure shall be allowed to main tain (or restore) the original number and size of bedrooms which. with the exception of rooms occupied bv the owner mav be rented to guests. b. Historic auxiliary Structures. such as detached garages and servants' residences may be converted to guest rooms. New bedrooms constructed shall have a minimum size of 200 Sq. ft. and shall have a private bathroom. c. Architecturally compatible additions not exceeding 25% of the Floor Area of the Historic Building shall be permitted to accommodate emergency stairs. other fire safety requirements. and new bathrooms. Additions shall be consistent with required setbacks and shall not be located on primary or highly visible eleva tions. 3 d. If there is evidence of interior alterations and original building olans are not available. the guest rooms shall be restored to the orobable size and configuration as orooosed bv a oreservation architect and subiect to aooroval bv the Historic Preservation/Design Review Board. 6. There shall be no cooking facilities/eQuioment in guest rooms. One small refrigerator with maximum caoacity of 5 cU.ft. shall be oermitted in each guest room. All cooking eQuioment which may exist shall be removed from the Structure with the exceotion of the single main kitchen of the house. 1.... The Bed and Breakfast Inn may serve breakfast and/or dinner to registered guests only. No other meals shall be orovided. The room rate shall be inclusive of meal(s) if they are to be made available: there shall be no additional charge for any meal. Permitted meals may be served in common rooms. guest rooms or on outside terraces (see item 9 below). The meal service is not considered an Accessory Use and is not entitled to an outside sign. 8. Permitted meals may be served in areas outside of the Building under the following conditions: a. Existing oaved oatios shall be restored but not enlarged. If no oaved surface exists. one consistent with neighboring orooerties may be installed. b. The area shall be landscaoed and reviewed under the Design Review orocess. Landscaoe design shall effectively buffer the outdoor area used for meals from ad iacent orooerties. c. Any meal served outdoors shall be carried out from inside facilities. Outdoor cooking. food oreoaration. and/or serving/buffet tables are orohibited. 9. The entire Building shall be substantially rehabilitated and conform to the South Florida Building Code. Prooerty Maintenance Standards. the Fire Prevention and Life Safety Code and the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings. as amended. In addition. the entire main Structure shall have central air conditioning and any habitable oortion of auxiliary Structures shall have air conditioning units. ill Building identification sign for a Bed & Breakfast Inn shall be the same as allowed for an Aoartment Building in the zoning district in which it is located. lL. The maximum amount of time that any Person other than the owner may stav in a Bed and Breakfast Inn during a one (I) year oeriod shall not exceed three (3) months. 1l:. The reQuired off-street oarking for a licensed Bed & Breakfast Inn shall be the same as for a single family residence. There shall be no designated loading zones on any oubHc right-of-way and reQuired oarking soaces shall not be constructed on swales. oubHc easements or rights-of-way. SECTION 5. That Subsection 6-24 of Zoning Ordinance No. 89-2665, entitled "Schedule of Design Bonuses" is hereby amended as follows: 6-24 SCHEDULE OF DESIGN BONUSES A. General Provisions * * * 5. For a project to receive a Floor Area Ratio bonus based on design, it must at a minimum comply with one bonus factor from each of the following categories excluding the Historic Criteria category. However this exclusion does not apply to existing Structures which are listed in the 4 City's Historic Prooerties Database and which are not in the Architectural District. Develooments which are located in the National Register District shall be eligible for the design bonuses listed in Section 6-24.C: however. thev must at a minimum comolv with three (3) of the cri teria. * * * B. Floor Area Ratio Bonuses * * * 6. Historic Criteria....:. Develooments which are listed in the City's Historic Prooerties Database and which are not located in the National Register District are eligible for the following design bonuses: * * * C. Develooments which are located in the National Register District shall not be eligible for the design bonuses as set forth above in suboaragraoh B: rather. they shall be eligible for the following design bonuses: ADDITIONS TO EXIST. L Arcades - including oublic oedestrian access. X X 0.025 oer 250 accommodation of activities. linkage in circulation sa.ft. of oattern. relationshio to architectural and urban arcade. Shall design features. shading. cooling and orotective not exceed effect. relationshio to oublic and orivate soaces. !U accessi bilitv and usa bili tv. Bon us a vaila ble in MXE and commercial zoning districts only. 2. Ooen Soace - areas shall be ooen from ground to X 0.05 for the sky. For the ourooses of calculating this every 10% bonus. Ooen Soace shall be defined as the ooen that area that exceeds the minimum area resulting from exceeds reauired setbacks. the area resulting from the reauired setbacks. Shall not exceed !U 3. Parking - access to oarking via the Alley or side X 0.50 Street so that the Front Yard has no visible driveway or oarking soaces. Building access from the Front Yard shall be at Grade. consistent with neighboring Historic Buildings. X !U 4. Front Dorch - the Dorch shall be continuous and comorise at least 75% of Lot Width and not exceed four (4) feet above Grade. This bonus aoolies to Buildings in the MXE and CD-3 zoning districts only. i. Subterranean Parking (with a finished floor being X 0.25 a minimum of two (2) feet below Grade) and use of berms to substantially screen oarked vehicles and oarking areas from oublic view. 5 6. Use of historic building materials such as keystone. oolitic limestone. vitrolite. and decorative terrazzo on new Buildings to better achieve compatibility. x L Door and Window Alignment - Doors and windows substantially align with historic abutting/neighboring Buildings. Includes all windows and doors visible to the public from the Street and sidewalk. A block elevation is reauired for review of this bonus. x 8. Secretary of the Interior Certification - the architectural plans. including rehabilitation and addition(s) shall be certified by the State Historic Preservation Officer as being consistent with the U.S. Secretary of the Interior's Standards. x 9. Replication of Missing Historic Architectural and/or Decorative Elements - exact replication based on photographs. architectural plans or other definitive documentation of architectural and decorative elements which are missing or destroyed (existing elements are reauired to be repaired). Such elements include (but are not limited to) Balcony railings. balustrades. towers. bas-relief panels. door/windows surrounds. cornices. light fixtures. fireplaces and terrazzo floors. x ill. Restoration of Artwork - existing fine art elements such as murals. sculptures and stained glass are restored by aualified experts. x lL. Replication of original Building Sign(s) - replication based on photographs or architectural plans of the Building's original Sign (if sign is existing. restoration is a reauirement). This bonus would reauire the original Building name to be retained. x 12 Use of accurate period furniture in the lobby and pu blic rooms. x 6 0.025 for each 25 sa.ft. of material. Bon us shall not exceed QJ. 0.25 QJ. 0.1 for each $10.000 of restor- a tion cost. Bonus shall not exceed 0.5 0.1 for each $10.000 of restor- a tion cost. Bonus shall not exceed 0.3 0.025 for painted Signs: 0.050 for Flat neon. metal or masonry letters: 0.075 for three- dimen- sional neon. metal or masonry Signs. QJ. > . ...............===== ..~...... .............. >> ..... ........................ ................... ....... .JNlJShAIlIIlII > At' IL ................ > ........ ....... ........./ .......... // > ............ ........ > >> <> >......... ...................... ............. ........ .........> ......... ADDITIONS ....... ........>> .................... .................... ........ >> > ........ ......... ......... ......... NEW ...~ INI > > ........ >> i CONSTR. [<lE;XIST. > ........ ................................... >...... li Satellite Parking - provision of a landscaped X X 0.10 for each permanent Parking Lot or parking garage. If 30% of satellite parking involves the demolition of a reauired Historic Building in or outside of a locallv parking designated Historic District or the Architectural provided (not District. then this bonus is not applicable. including credits). ~ Hotel amenities - provision of meeting rooms. X X 0.025 per conference rooms and assemblv rooms. Available 500 s.L to Hotels and Apartment Hotels that have a of pu blic minimum of 50% of the total number of units as meeting Hotel Units. space. Bonus shall not exceed Q.J. li. Recreational amenities - provision of indoor gvm. X X 0.025 per indoor/outdoor jacuzzi. swimming pool or similar feature. feature. Court games and partv rooms not Bonus included. shall not exceed Q.J. 12:. Roof Surface - improvement of roof surfaces X X 0.025 per 20% visible to neighboring properties bv use of decking of roof and roof landscaping. trea ted. Bonus shall not exceed Ql lL. Xeriscape - use of xeriscape landscape techniaues X X Q.J. in at least 50% of landscaped area. 18.:. Allev Improvements - resurfacing and lighting in X X 0.25 accordance with the specifications of the Citv's Public Works Department and Police Crime Prevention Unit. CPTED (Crime Prevention Through Environmental Design) standards shall be applied to the entire structure. 12:. Public Art - providing examples of art on private X X Q.J. propertv. visible from the public right-of-wav. The art shall not negativelv impact the historic structure. The appropriateness of the art shall be determined bv the Dade Countv Art in Public Spaces Trust. The art shall cost a minimum of 1 % of the construction cost or $25.000. whichever is grea ter. This provision does not include fountains. 7 Multi-familv Units - orovision of units exceeding the minimum/average unit size reauired bv the Zoning Ordinance. NEW ~ONSTR, X ADDITIONS TO EXIST, X 20. 0.05 oer each 10% the orooosed average unit exceeds the average size reauired bv the Zoning Ordinance Bon us shall not exceed 0.35 - (See Chart.) New Construction Avg. Unit Size (sa.ft.) 800 880 960 1040 1120 1200 1280 .lliQ Bonus Q. 0.05 0.10 0.15 0.20 0.25 0.30 0.35 Rehabilitation Avg. Unit Size (sa.ft.) 550 615 670 725 780 835 890 945 Bonus Q 0.05 0.01 0.15 0.20 0.25 0.30 0.35 SECTION 6. That Subsection 18-2 of Zoning Ordinance No. 89-2665, entitled "Design Review Procedures" is hereby amended as follows: 18-2 DESIGN REVIEW PROCEDURES * * * E. Fees * * * lQ.. Revisions to oreviouslv aooroved olans shall reauire a fee of $25.00 for reviews conducted bv staff and one-half (I/2) of the original fee for olans which were aooroved bv the Board. ll... Aooeal of a staff decision to the Board shall reauire a fee of $25.00 and an aooeal of a Board decision to the City Commission shall reauire a fee of one-half (I/2) of the original aoolication fee. The fee shall be refunded if the aoolicant orevails in the aooeal. * * * 8 SECTION 7. That Subsection 19-5,C of Zoning Ordinance No. 89-2665 entitled "Historic Preservation Designation" is hereby amended as follows: 19-5 DESIGN A TION OF HISTORIC PRESER V A TION SITES OR DISTRICTS * * * C. Historic Preservation Designation * * * 5. Requests for Permits If, following a recommendation for historic preservation designation by the Board at the public hearing, a permit is sought for Demolition, MW constnlOtion, .A.Iteration, signag@, repair, or other physical .A.It@ration or D@v@lopm@nt affecting any property within a proposed designation area, that permit shall not be issued for a period of up to, but not more than, six (6) months or until one of the following occurs: a. The proposed Historic Preservation designation is approved by the City Commission and a Certificate of Appropriateness is awarded by the Board pursuant to Section 19-6; b. The proposed Historic Preservation designation is denied by the City Commission; or c. The Applicant applies for an accelerated approval of a Certificate of Appropriateness prior to the final enactment of the Historic Preserva tion designa tion for the proposed Site; and such Certificate of Appropriateness has been issued under the provisions of Section 19-6. and the .A.pplicant has submitted a co'/@nant rl:lnning '.'lith the land binding him to comply 'l/ith all terms and conditions of the Certifieate of J'.ppropriateness, which will beoome 'loid should the City Commission deny the designa tion. SECTION 8. That Subsection 19-6 of Zoning Ordinance No. 89-2665, entitled "Issuance of Certificate of Appropriateness / Certificate to Dig / Certificate of Appropriateness for Demolition" is hereby amended as follows: 19-6 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS / CERTIFICATE TO DIG / CERTIFICA TE OF APPROPRIATENESS FOR DEMOLITION * * * D. Soecial Review Procedure For minor work. associated with single familv homes. that is visible from a oublic way or work which affects the Exterior of the Building which is associated with rehabilitations and additions to existing Buildings. the Historic Preservation and Urban Design Director or his designated reoresentative. uoon the written authorization of the Chairoerson of the Historic Preservation Board. shall have the authority to aoorove. aoorove with conditions or deny an aoolication on behalf of the Board. The Director's decision shall be based uoon the criteria listed in Section 19-6. Anv aooeal of the Historic Preservation and Urban Design Director's decision shall be considered by the Board at the next regular meeting date. 9 SECTION 9. That Subsection 19-7 of Zoning Ordinance No. 89-2665 entitled "Historic Preservation Board and Design Review Board Joint Review of Projects" is hereby amended as follows: 19-7 HISTORIC PRESER V A TION BOARD AND DESIGN REVIEW BOARD JOINT REVIEW OF PROJECTS A. In those instances where a designated Site or district. or National Register site or District. is also under the jurisdiction of the Design Review Board (see Section 18 of the Ordinance), requests for Design Review aooroval or a Certificate of Appropriateness shall be reviewed by a joint meeting of the Design Review Board and the Historic Preservation Board's architect, architectural historian and one (1) at-large member to be selected by the Historic Preservation Board. Application requirements shall be pursuant to Section 19-6,C.9.b. and c. Appeals resulting from decisions of this combined Board shall be pursuant to Section 18-2 of the Ordinance. SECTION 10. 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 11. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 12. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 13. EFFECTIVE DATE. 18th day of July This Ordinance shall take effect on the ,1992. PASSED and ADOPTED this 1992. day of MAYOR ATTEST: ~~~.. CITY CLERK 1st reading 6/17/92 2nd reading 7/8/92 rev. April 28, 1992 DJG/JGG c:\ wp\jgg\pb\B&BNSS19 ~uvV--- .~ f f~ /"" FORM APPROVED LEGAL DEPT. , 8v 5~i<~ Date 7'- 7 - '1:;;- 10 CITY OF MIAMI BEACH C:TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH ~LOPIDA 33' 39 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: June 11, 1992 FROM: Roger M. Cartt11 A A j fJ ;j City Manager ~fl/~'L(jtWt.:::::: SUBJECT: The Historic Preservation Board and the Planning Board Request the City commission adopt 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 adopt amendments to the Zoning Ordinance as recommended by the Historic Preservation and Planning Boards. Historic Preservation Board Recommendation On September 5, Board approved requested the accordingly. 1991 and January 2, 1992, the Historic Preservation the concepts as presented in this memorandum and Planning Board to amend the Zoning Ordinance Planninq Board Recommendation On April 20, 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. 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. 42 AGENDA ITEM R-S~b 1-2 -C] 2- DATE 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 REOUEST 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. BacJtqround At the June 6, 1991 meeting of the Historic Preservation Board, the Chair appointed a subcommittee to study Section 6- ~4, Schedule of Design Bonuses, of the zoning Ordinance. At l.ts July 3, 1991 meeting, the subcommittee reviewed the 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, 4~ 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 (additions, awnings, pools, window replacement) 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 permi tted in the Archi tectural 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-l 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. IV. HISTORIC PRESERVATION/DESIGN REVIEW BOARD REVIEW FOR PROPERTIES NOT IN A LOCAL HISTORIC DISTRICT BOT 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. 41 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 followinq 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 is subject to joint review by the Design Review/Historic Preservation Board, this prOV1S1on is unnecessary because new construction and rehabilitation will be reviewed by the joint Board. Without this amendment, the applicant would be required to appear before two Boards at different times: before the Historic Preservation Board for a Certificate of Appropriateness, and the Design Review Board for design review approval. 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. 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. 4S 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. RMC:JK:ml ,Hi a: \ HP\general\zonamnds.cm