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2007-3566 OrdinanceRECONSTRUCTION OF DEMOLISHED CONTRIBUTING PROPERTIES AND SAFEGUARDS FOR DRB AND HPB PROJECTS ORDINANCE NO. 2007-3566 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDAAMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IX, "NONCONFORMANCES," BY AMENDING SECTION 118-395 TO CLARIFY AND UPDATE CERTAIN PROCEDURES AND REQUIREMENTS FOR THE RETENTION OF A NONCONFORMING STRUCTURE, BY AMENDING ARTICLE X, "HISTORIC PRESERVATION", DIVISION 3, "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TODIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION", BY AMENDING SECTION 118-561 TO CREATE A CONDITIONS AND SAFEGUARDS SECTION FOR CERTIFICATES OF APPROPRIATENESS, BY AMENDING SECTION 118-564 TO MODIFY THE REQUIREMENTS FOR OBTAINING A DEMOLITION PERMIT, BY AMENDING ARTICLE VI, "DESIGN REVIEW PROCEDURES", BY CREATING SECTION 118-264 TO ADDRESS CONDITIONS AND SAFEGUARDS FOR DESIGN REVIEW APPROVAL; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Historic Preservation and Design Review Boards are charged by Ordinance as serving in an advisory capacity to the City Commission and other City Boards on issues affecting the City's architecture, design, historic districts and structures; and WHEREAS, the City of Miami Beach wishes to preserve its unique architectural history and to maintain the structural, historical and architectural integrity of existing structures in the City's designated historic districts and sites; and WHEREAS, the City of Miami Beach continually seeks to update and clearly define the requirements of the Land Development Regulations of the Code of the City of Miami Beach as they pertain to nonconforming contributing structures; and WHEREAS, the City of Miami Beach has adopted regulations pertaining to the maintenance and improvement of existing nonconforming contributing structures and, WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance existing procedures and requirements for improvements to existing non-conforming contributing structures in order to ensure that a substantial portion of any such structure is retained and preserved; and, WHEREAS, the City of Miami Beach Historic Preservation Board and Planning Board strongly endorse the proposed amendments to the Historic Preservation Section of the Code; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 118, Entitled "Administration and Review Procedures", Article IX, Entitled "Nonconformances", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 118-395. Repair and/or rehabilitation of nonconforming buildings and uses. (b) Nonconforming buildings. (2) Nonconforming buildings which are repaired or rehabilitated by more than 50 percent of the value of the building as determined by the building official, shall be subject to the following conditions: a. All residential and hotel units shall meet the minimum and average unit size requirements for rehabilitated buildings as set forth in the zoning district in which the property is located. b. The entire building, and any new addition shall meet all requirements of the City property maintenance standards, the applicable Florida Building Code and the Life Safety Code. c. The entire building and any new addition shall comply with the current development regulations in the zoning district in which the property is located. No new floor area may be added if the floor area ratio is presently at maximum or exceeded. d. Development regulations for buildings located within a designated historic district or for an historic site: 1. The existing structure's floor area, height, setbacks and any existing parking credits may remain, if the following portions of the building remain substantially intact, and are 2 retained, preserved and restored: i. At least 75 percent of the front and street side facades; ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls; and iv. All architecturally significant public interiors. 2. For the replication or restoration of contributing buildings, but not for noncontributing buildings, the historic preservation board may, at their discretion, waive the requirements of subsection(b)(2)d.1.abnve, and allow for the retention of the existing structure's floor area, height, setbacks or parking credits, if at least one of the following criteria is satisfied, as determined by the historic preservation board: i. The structure is architecturally significant in terms of design, scale, or massing; ii. The structure embodies a distinctive style that is unique to Miami Beach or the historic district in which it is located; iii. The structure is associated with the life or events of significant persons in the City; iv. The structure represents the outstanding work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; v. The structure has yielded or is likely to yield information important in prehistory or history; or vi. The structure is listed in the National Register of Historic Places. Notwithstanding the above, for buildings over three (3) stories in height, at least 75% of the front facade and 75% of any architecturally significant portions of the street side facades shall be retained and preserved, in order to retain any non-conforming floor area, height, setbacks or parking credits. If the historic preservation board does not waive the requirements of subsection (b)(2)d.1. above for any reason, including the inability of a reconstructed building to meet the requirements of the applicable building code, any new structure shall be required to meet all current development regulations for the zoning district in which the property is located. SECTION 2. That Chapter 118, Entitled "Administration and Review Procedures", Article X, Entitled "Historic Preservation", Division 3, Entitled "Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 118-561. General requirements. ~ A certificate of appropriateness issued under this chapter shall be required prior to the issuance of any permit for new construction, demolition, alteration, rehabilitation, renovation, restoration, signage or any other physical modification affecting any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district unless the permit applied for is exempted pursuant to subsection 118-503(b), or prior to any construction, demolition, alteration, rehabilitation, signage or any other exterior or public interior physical modification, whether temporary or permanent, without a permit, being undertaken. A certificate to dig shall be required prior to the initiation of any 3 development involving the excavation or fill on a historic site or in a historic district designated as archaeologically significant pursuant to the provisions of this article. The procedure to obtain a certificate to dig, or to designate a historic site as archaeologically significant, shall be the same as indicated in section 118-562 for a certificate of appropriateness. fib) Certificate of Appropriateness conditions and safeguards. In granting a certificate of appropriateness, the historic preservation board and the planning department may prescribe appropriate conditions and safeguards, either as part of a written order or on approved plans. Violation of such conditions and safeguards, when made a part of the terms underwhich the certificate of appropriateness is granted, shall be deemed a violation of these land development regulations. Sec. 118-564. Decisions on certificates of appropriateness. (f) Certificate of appropriateness for demolition. (6) A building permit shall not be issued for the demolition of any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district until the new or replacement construction forthe property has been approved and a full building permit for the new construction has been issued. For noncontributing structures located in one of the city's historic districts, this requirement may be waived or another permit substituted at the sole discretion of the historic preservation board. SECTION 3. That Chapter 118, Entitled "Administration and Review Procedures", Article VI, Entitled "Design Review Procedures", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 118-264. Design Review Approval conditions and safeguards. In granting design review approval, the design review board may prescribe appropriate conditions and safeguards either as part of a written order or on approved plans. Violation of such conditions and safeguards, when made a part of the terms underwhich the design review approval is granted, shall be deemed a violation of these land development regulations SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word 4 "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. 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. APPLICABILITY. Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the enforcement of amendments to the land development regulations, for purposes of this ordinance, those projects that have received approval prior to June 26, 2007 shall be permitted to request an Extension of Time for obtaining a full building permit, based upon the plans. originally submitted and approved. Such Extension of Time shall not exceed one-year and no additional Extension of Time, under any circumstance, shall be permitted. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 5th day of September 007. ATT ST: ~~~~""" 1 CITY CLERK Robert Parcher First Reading: Second Reading: Verified by: J nirid Director CP Matti Herrera Bower Vice-Mayor APPROVED AS TO FORM & LANGUAGE ORE CUTION r` ~ 3n 0~ Y , i ~ ttorney Date Underscore denotes new language 08/30/2007 T:\AGENDA\2007\SEP0507\REGULAR\RECONSTRUCTION AND SAFEGUARDS 2007 - ORD.SEP.DOC 5 COMMISSION ITEM SUMMARY Condensed Title: Ordinance Amendment -Reconstruction of Contributing Buildings; DRB and HPB Safeguards Ke Intended Outcome 5u orted: Increase satisfaction with development and growth management across the City. Increase satisfaction with nei hborhood character. Supporting Data (Surveys, Environmental Scan, etc.): Impact of construction was ranked No. 4 as one of the most important area affecting the quality of life; and development/construction was ranked No. 5 by residents as one of the changes that will make Miami Beach a better place to live; 57% of residents rated the ace of new construction across the Ci as too much or much too much. Issue: Shall the City Commission approve an Ordinance Amendment to modify and clarify the reconstruction requirements for contributing structures, as well as establish 'Safeguards' for DRB and HPB approved projects? Item Summa SECOND READING PUBLIC HEARING The proposed Ordinance establishes new requirements and criteria pertaining to the reconstruction of contributing structures that are non-conforming in terms of height, FAR and parking. The Ordinance also establishes a specific enforcement procedures for all projects approved by the Design Review and Historic Preservation Boards. On July 11, 2007 the City Commission approved the ordinance on first reading and scheduled a second reading public hearing for September 5, 2007. The Administration recommends that the City Commission adopt the ordinance. Advisory Board Recommendation: On October 10, 2006, the Historic Preservation Board reviewed the ordinance and recommended approval. On April 9, 2007, the Land Use and Development Committee reviewed the proposed Ordinance and recommended approval. On June 26, 2007 the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation. Financial Information: Source of Amount Account Funds: q N/A 2 3 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin Thomas Mooney -Planning Department Si n-Offs: Department Director Assistant City Manager City Manager ~~ ~ ~ ~ ~ AGENDA ITEM ~ ~C' ~ SATE -' S ~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, voww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager SECOND READING DATE: September 5, 2007 SUBJECT: RECONSTRUCTION OF CONTRIBUTING BUILDINGS DESIGN REVIEW AND HISTORIC PRESERVATION SAFEGUARDS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IX, "NONCONFORMANCES," BY AMENDING SECTION 118-395 TO CLARIFYAND UPDATE CERTAIN PROCEDURES AND REQUIREMENTS FOR THE RETENTION OF A NONCONFORMING STRUCTURE, BY AMENDING ARTICLE X, "HISTORIC PRESERVATION", DIVISION 3, "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION", BY AMENDING SECTION 118-561 TO CREATE A CONDITIONS AND SAFEGUARDS SECTION FOR CERTIFICATES OF APPROPRIATENESS, BY AMENDING SECTION 118-564 TO MODIFY THE REQUIREMENTS FOR OBTAINING A DEMOLITION PERMIT, BY AMENDING ARTICLE VI, "DESIGN REVIEW PROCEDURES", BY CREATING SECTION 118-264 TO ADDRESS CONDITIONS AND SAFEGUARDS FOR DESIGN REVIEW APPROVAL; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND Recently, a development application came before the Historic Preservation Board, wherein the applicant proposed to completely demolish and reconstruct a non-conforming, contributing building. While the subject structure did have a number of structural deficiencies, it also exceeded the maximum FAR requirements of the City Code (by almost 100°/a), and it did not meet the parking requirements of the code (zero parking was proposed), nor the setback requirements. Under normal circumstances, the reconstruction of anon-conforming structure would require variances from the Zoning Board of Adjustment for inconsistencies with the setback requirements of the Code, and, since the property is located within an historic district, a parking impact fee would be required for the parking spaces not provided. However, there is Reconstruction and Safeguards September 5, 2007 Page 2 of 3 no variance from maximum FAR requirements. Notwithstanding the inability to pursue a variance for non-conforming FAR, pursuant to Section 118-395 of the City Code, even if the amount of demolition proposed exceeds the thresholds setforth in the Code, the Historic Preservation Board may, at their discretion, waive the zoning requirements and allow for the retention of an existing structure's floor area, height, setbacks or parking credits. The legislative intent of the 'non-conforming structures' section of the City Code was to encourage the retention and preservation of historic buildings by allowing non-conforming structures, which are designated contributing and located within a local historic district, to retain certain zoning rights that are otherwise not permitted (even through the variance procedure). As presently written, the non-conforming structures section of the Code also allows a zoned increase in FAR, without a public referendum. The Administration has very serious concerns with recent development applications, wherein contributing buildings that were substantially non-conforming were proposed to be demolished and reconstructed. The rationale for reconstructing non-conforming floor area was to incentivize the substantial renovation of a contributing building, not to reward years of inactivity and a gross lack of adequate maintenance. In these particular instances, no effort was made to retain and preserve at least a portion of the more significant portions of the structure. ANALYSIS The non-conforming structures section of the Code specifies that 75% of the front and street side facades and 66% of the interior side facades must be retained in order to maintain any non-conforming FAR, setbacks, height and parking credits. However, the Historic Preservation Board has the discretion to waive these requirements, if a project meets certain architectural and appropriateness requirements. Previously, the Administration had proposed that at least 75% of the front facade and 75% of any architecturally significant portions of a street side facade be retained and preserved, in order to retain any non-conforming zoning rights. The Land Use and Development Committee revised this proposal so that it would only be applicable to those structures greater than 3 stories in height. This Code change will assure that the retention of any non-conforming FAR, setbacks, height and parking requirements is based upon the substantial `retention' of a contributing structure, as opposed to a far less expensive 'reconstruction.' Although this would not meet the threshold requirements established under Section 118-395, good faith efforts to retain and preserve the most significant parts of a structure would result, and affected development projects could still be characterized as `restorations' as opposed to 'replications'. This change becomes all the more important for those projects that significantly exceed the maximum FAR for a site and do not provide any parking. The Administration is also recommending that for nonconforming buildings in historic districts that exceed the 50 percent rule, all hotel units be required to meet the minimum and average unit size requirements, in addition to apartment units. The Historic Preservation Board has recommended that the Ordinance not include this revision, in order to incentivize hotel renovations and redevelopment. In addition to the modifications to Section 118-395, the Administration is recommending Reconstruction and Safeguards September 5, 2007 Page 3 of 3 minor changes to the Historic Preservation and Design Review sections of the Code, in order to create `safeguards'. Specifically, all appropriate conditions and safeguards, either as part of a written order or on approved plans, would be required to be adhered to, and the violation of such conditions and safeguards would be deemed a violation of the Code. Finally, under the certificate of appropriateness for demolition section of the Code, a sentence has been added requiring that new or replacement construction for a property be approved before a demolition permit can be issued. On October 10, 2006, the Historic Preservation Board reviewed the subject Ordinance and recommended approval. On December 6, 2006 the City Commission referred the subject Ordinance Amendment to the Land Use and Development Committee. The Land Use and Development Committee reviewed the proposed Ordinance on April 9, 2007 and recommended approval. On June 26, 2007, the Planning Board considered the proposed Ordinance Amendment and transmitted it to the City Commission with a favorable recommendation. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. CONCLUSION The Administration recommends that the City Commission adopt the proposed Ordinance. Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be necessary in order to enact any amendments to the Land Development Regulations. JMG/TH/JGG/TRM T:WGENDA\2007\sep0507\Regular\Reconstruction and Safeguards 2007 - MEM.sep.doc :"}.. ,=~- r m MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami. Beach, Florida, on Wednesday, September 5, 2007, to consider the following: 10:15 a.m. An Ordinance Amending Miami Beach City Code Chapter 102, Entitled `Taxation;" By Amending Article V, Therein, Entitled "Local Business Tax;" Amending Section 102-379, Therein, Entitled. "Schedule Of Taxes," By Adding Additional Business Tax Receipt Codes And Clarifying Language. Inquiries may be directed to the Finance Department at (305) 673-7466. faro a.m. An Ordinance Amending The Land Development Regulations Of The Code Of The C' Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article IX Noncronformances," By Amending Section 118-395 To Clarify And Update Certain Procedures And Requirements For The Retention Of A Nonconforming Structure, By Amending Article X, "Historic Preservation," Division 3, "Issuance Of Certificate Of Appropriateness/Certificate To Dig/Certdicate Of Appropriateness For Demolition," Byy Amending Section 118-561 To Create A Conditions And Safeguards Section For Cert'rficates Of Appropriateness, By Amending Section 118-564 To Modify The Requirements For Obtaining A Demolition Permft, By Amending Article VI, "Design Review Procedures", By Creating Section 118-264 To Address Conditions And Safeguards For Design Review Approval. Inquiries may be directed to the Planning Department at (305) 673-7550. 1x30 a.m. An Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 130 "Off-Street Parking," Article II "Districts; Reqquirements" Amending Section 130-32 "Off-Street Parking Requirements For Parking District No. 1" And Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4" By Reducing The Parking Requirements For Housing For Low And/Or Moderate Income Elderly. Inquiries may be directed to the Planning Department at (305) 673-7550. 10•.36 a.m. An Ordinance Amending The Land Development Regulations Of The Ciiy Code By Amending Chapter 142 "Zoning Districts And Regulations," Article IV "Supplementary District Regulations," Division 4 "Supplementary Yana Regulations" By Amending Section 142-1132 "Allowable Encroachments Within Required Yams," Section 142-1132(0) "Projections" By Amending The Permitted Width Of Walkway Encroachments In Required Yams For Purposes Of Complying With Accessibility Requirements, And By Clarifying Technical Language Regarding Allowable Encroachments. Inquiries may be directed to the Planning Department at (305) 673-7550. 10:40 a.m. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Distr"acts And Regulations; Article II, "District Regulations," Division 2, "Single-Family Residential Districts," By Revising Procedures For The Review And Approval Of Demolition Requests For Single Family Homes Constructed Prior To 1942 And Not Located Within A Designated Historic District. Inquiries may be directed to the Planning Department at (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: ff a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate 218 y city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673- (7-fl() five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad ff448 7 0 N t^D H In Q 'a 0 9 W S s s W N O L a .a z E d E A