Ordinance 90-2698 ORDINANCE NO. 90-2698
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE
ATTACHED DESIGNATION REPORTS; AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665;
PROVIDING FOR AN AMENDMENT TO SECTION 19,
ENTITLED "HISTORIC PRESERVATION BOARD AND
HISTORIC DISTRICT REGULATIONS", AMENDING
SECTION 19-5,C, ENTITLED "HISTORIC
PRESERVATION DESIGNATION" BY INCLUDING THE
FLAMINGO HISTORIC PRESERVATION DISTRICT, AND
MUSEUM HISTORIC PRESERVATION DISTRICT, AS
DESCRIBED IN THE AFOREMENTIONED DESIGNATION
REPORTS AS LOCAL HISTORIC DISTRICTS IN THE
CITY' S ZONING ORDINANCE; PROVIDING FOR
INCLUSION IN THE ZONING ORDINANCE; PROVIDING
FOR A REPEALER; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Underline Words = New language
SECTION 1: That the City Commission hereby adopts the
Designation Re'por_ts attached hereto.
SECTION 2 : That Subsection 19-5,C of Zoning Ordinance 89-2665
is hereby amended as follows:
6. All Sites and districts designated as Historic Sites
and Districts shall be delineated on the City's
zoning map pursuant to Section 21-9, Maps, of this
Ordinance, as an Overlay District. Such Sites and
districts include:
a. GU/HPS-1: Old City Hall, 1130 Washington
Avenue Block 23 , Ocean Beach Addition No. 3 ,
as recorded in Plat Book 2 at Page 81 of the
Public Records of Dade County, Florida
b. CCC/HPS-2 : 21st Street Recreation Center, 2100
Washington Avenue Beginning at intersection of
west right of way of Washington Avenue and
south boundary of Collins Canal in Section 27 ,
Range 42 east, Township 53 south, for point of
beginning, then south 510 ft. ; west 165 ft. ,
north 45Q to west 115 ft. , north 160 ft. , west
140 ft. , north 70 ft. ; northeast along south
boundary of Collins Canal 435 ft. to point of
beginning.
c. CD-2 , RM-1/HPD-1: All properties fronting or
abutting Espanola Way, including all of Blocks
2-A and 2-B Espanola Villas, Blocks 3-A, 3-B,
4-A, 4-B, 5-A, 5-B, 6-A, 6-B, 7-A and 7-B,
First Addition to Espanola Villas, and Lots 1
- 4 , a re-subdivision of that unnumbered tract
lying west of Blocks 7-A and 7-B and Espanola
Way in First Addition to Espanola Villas.
d. MXE/HPD-2 : Ocean Drive from 5th to 15th
Streets and Collins Avenue from 6th to 16th
Streets and 15th Street from Ocean Drive to
Collins Avenue, excluding the following parcels
of land:
1
Lots 1 through 4 of Harrison & Hayes
Subdivision; also,
Those portions of Lots 1 and 2 , Block 77 ,
Fishers 1st Subdivision of Alton Beach lying
east of the easterly boundary of Ocean Drive;
also,
That tract of land beginning at the northeast
corner of Block 77 , Fishers 1st Subdivision of
Alton Beach thence running northeasterly
35.49' , continuing the easterly line of Block
77, Fishers 1st Subdivision of Alton Beach,
thence easterly to the established bulkhead
line, thence southwesterly following the
established bulkhead line to the northeast
corner of Lot 1, Harrison & Hayes Subdivision,
thence westerly along the northerly line of Lot
1, Harrison & Hayes Subdivision to the
southeast corner of Block 77 Fishers 1st
Subdivision of Alton Beach, thence
northeasterly 101. 4 ' along the easterly line
of Block 77, Fishers 1st Subdivision 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. 1 Subdivision) .
Those properties which are owned by the State
of Florida or the City of Miami Beach shall
retain their GU Government 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-1, CD-2 , CD-3 , RO, GU/HPD-4 : Flamingo
Historic Preservation District, generally
bounded by the centerline of 6th Street on the
south; centerline of Lenox Court on the west;
centerline of Lincoln Lane South (excluding all
properties having a property line on Lincoln
Road) on the north; centerline of Collins
Avenue (between 16th Street and Lincoln Road,
excluding all properties having 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) .
q. MXE, CD-3 , GU/HPD-5: Museum Historic
Preservation District, generally bounded on the
south by Lincoln Lane North (excluding all
properties with a property line on Lincoln
Road, and Lots 1, 2 and 3 of Block 30 Alton
Beach First Subdivision) , the centerline of
block between James Avenue and Washington
Avenue (from Lincoln Lane North to 17th Street)
and the Centerline of James Avenue (from 17th
Street to 19th Street) and the centerline of
Park Avenue (from 17th Street to 22nd Street)
on the west; the centerline of 22nd Street on
the north; and, the centerline of Collins
2
Avenue on the East (Complete legal description
available on file with the designation report) .
SECTION 3: 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 4: REPEALER. That all Ordinances or parts of
Ordinances in conflict herewith be and the same are herewith
repealed.
SECTION 3: SEVERABILITY If any section, subsection, clause or
provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 4 : EFFECTIVE DATE This Ordinance shall take effect on the
30th day of June 1990.
PASSED and ADOPTED this 20th day of June , 1990.
. .,IR
ATTEST:
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CITY CLERK FORM APPROVED
1st reading 6/6/90
2nd reading 6/20/90 LEGAL
DEPT.
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 252 g-CIO
JUNE 20, 1990
DATE:
TO: Mayor Alex Dao • and
Members of e City Corn sio, o
FROM: Rob W. Pa ins ,r, /)frCity Manage
SUBJECT: PLANNING BIRD AND HISTORIC PRESERVATION BOARD
RECOMMENDATIO`S PERTAINING TO THE DESIGNATION OF THE
FOLLOWING AREAS, HISTORIC DISTRICTS AND SITES
SUBMISSION OF DESIGNATION REPORTS FOR THE PROPOSED
HISTORIC PRESERVATION DISTRICTS AND SITES
(1) FLAMINGO HISTORIC PRESERVATION DISTRICT
(2) MUSEUM HISTORIC DISTRICT
THE REQUEST
At public hearings held on April 5, 1990, the Historic Preservation
Board (8-0) and the Planning Board (6-0) voted to recommend that
the City Commission approve the designation of the nominated
Flamingo and Museum Historic Preservation Districts and nine (9)
Historic Preservation sites. Both Boards recommended the adoption
of the Designation Reports and the listing of the properties as
historic districts and sites in the Zoning Ordinance. Attachments
A and B include the proposed historic districts and sites as
recommended by the Planning Board and Historic Preservation Board.
CITY COMMISSION ACTION - FIRST READING
On June 6, 1990, the City Commission held a public hearing to
consider the Planning Board's and Historic Preservation Board' s
proposed recommendations and Ordinance. Following the public
hearing, the Commission approved (5-1) an Ordinance creating the
Flamingo and Museum Historic Districts (See Attachment VII) . The
City Commission deferred consideration of the proposed historic
sites (Section 19-5, C-6, h-p, the deferred Section is "struck
through" on the attached Ordinance) . Consideration of the Historic
Sites will occur when the Commission holds a public hearing
pertaining to the following studies which affect the feasibility
of constructing a Headquarters Hotel in the area of the Convention
Center and/or the Museum Area: A Summary of Funding Pertaining to
a Proposed Convention Headquarters Hotel, Analysis of Fiscal
Incentives for a Proposed Convention Headquarters Hotel, National
perception of Miami Beach: Summary and Findings, Preservation and
Development: A Proposal Regarding a New Miami Beach Convention
Center Hotel, A Parking Study Relating to the Needs of the
Convention Center Area and a National Trust Critical Issues Grant
Fund Project (prepared by Miami Design Preservation League) .
PROCESS
The designation of Historic Preservation Districts and Sites is a
process specified in the Zoning Ordinance. The process includes
the Historic Preservation Board, the Planning Board and City
Commission. The process begins with the nomination of Historic
19
1 AGENDA
ITEM
DATE L/
Preservation Districts and Sites by the Historic Preservation
Board, the Planning Board, City Commission or the City Manager.
In September of 1989, the City Commission nominated the Museum Area
as a Historic Preservation District or a collection of Sites and
the area surrounding Flamingo Park as a Historic Preservation
District. The term "nominate" means to study or propose properties
for historic designation; it does not mean that proposed areas or
sites will be automatically designated as historic. This
determination begins with a Preliminary Evaluation Report which is
reviewed by the Historic Preservation Board. This report includes
the justification for designating districts and sites as historic
based upon general compliance with Mandatory and Review Criteria
listed in the Zoning Ordinance.
Once the Historic Preservation Board approves the districts and
sites on a preliminary basis, a Designation Report is then prepared
and presented at public hearings before the Historic Preservation
Board and Planning Board. Public notice for the public hearings
includes advertisements in the newspaper, written notification of
owners of the property being considered for designation as well as
property owners within 375 feet of any proposed Historic
Preservation Site or. District. Notices are also posted throughout
the proposed historic district and on proposed historic sites.
Approximately 4, 500 property owners received notification
pertaining to each of the public hearings for the Flamingo District
and Museum Area nominations. The combined area under consideration
for Historic Preservation designation is approximately 7 . 5% of the
total land area of the City. (The Flamingo District is 7. 06% and
the Museum District and sites are 0.44%)
The final step in the process is the presentation of the
Designation Reports and the recommendations of the Historic
Preservation Board and Planning Board to the City Commission. After
two (2) public hearings, the City Commission may designate the
nominated areas as Historic Preservation Sites/Districts. If the
Commission approves historic districts or sites they are listed in
the City's Zoning Ordinance.
BACKGROUND
At its September 7 and 21, 1989 meetings, in accordance with Zoning
Ordinance 1891 and the proposed Zoning Ordinance, the City
Commission nominated that area referred to as the Museum District
from 17th Street to Dade Boulevard/24th Street, the centerline of
Washington Avenue to the centerline of Collins Avenue for Historic
Preservation District designation or individual Historic
Preservation Site designation of the historic buildings within that
area (see Attachment I) .
Also at the September 7 and 21, 1989 meetings, the City Commission
nominated that area, now referred to as the Flamingo District,
consisting of the remainder of the National Register Architectural
District not already designated locally, excluding properties with
a property line on Lincoln Road and all properties east of Collins
Avenue, for Historic Preservation District designation (see
Attachment II) .
The nominations were in concert with the adoption of the new
Comprehensive Plan and Zoning Ordinance and reflect a compromise
between the protection of historic buildings and desire to
facilitate the development of Convention Center hotels. Key
features of this compromise included:
1. Properties west of James and Park Avenues and Washington
Avenue would have no height limit.
2 . Properties east of James and Park Avenues would have a
height limit of fifty feet.
2
20
,
3. Properties east of Collins Avenue would have no height
limit.
4. Hotel development in the Museum area would have a minimum
F.A.R. of 1.75 and a maximum F.A.R. with bonuses of 3 .50;
however, properties east of Collins Avenue would have a
F.A.R. based upon lot assemblage with a minimum of 1.25
and a maximum of 6. 0.
5. The Zoning Ordinance would include provisions which would
allow the creation of a "hotel village" between James and
Park Avenue and Collins Avenue.
6. The Administration recommended that the City Commission
approve the ZORC recommendation pertaining to properties
in the National Register District. This includes
nominating (begin designation and review process) the
area south of Lincoln Road to 6th Street and west of
Collins Court to Lenox Court as a local historic
district. The Museum District from 17th Street to Dade
Boulevard/24th Street and from Washington Avenue to the
west side of Collins Avenue would be evaluated on a site
by site basis to determine if the area should be
considered as a local historic district or if individual
buildings should be considered as historic sites.
On January 4, 1990, the Historic Preservation Board reviewed
Preliminary Evaluation Reports for the two nominated areas. The
Board voted (9-0) to approve the Preliminary Evaluation of the
Flamingo District and directed staff to prepare the Designation
Report. After lengthy discussion, the Board voted (9-0) to amend
the proposed district/site boundaries of the Museum District (see
Attachment III) and requested a revised Preliminary Evaluation from
staff at its next meeting. The Board voted to:
1. Amend the eastern boundary of the nominated area to
include properties on the east side of Collins Avenue.
2. Amend the southern boundary of the nominated area to
include properties north of 16th Street.
3 . Amend the northern boundaries of the nominated area to
follow the northern boundary of the National Register
Architectural District listed 1979.
4. Study the district boundaries to eliminate concentrations
of non-historic buildings resulting in a district with
a higher percentage of historic buildings.
5. Include all historic properties between Washington Avenue
and Park Avenue.
A revised Preliminary Evaluation was presented to the Historic
Preservation Board at its February 1, 1990 meeting. A motion to
approve a Preliminary Evaluation Report for 109 properties in the
Museum Area as shown in Attachment IV failed (4-4) . The Board
subsequently approved (6-2) a Preliminary Evaluation Report for 58
properties in the Museum Area as a historic district and 10
properties as historic sites (see Attachment V) . This proposal was
recommended by the Planning and Zoning Department.
On April 5, 1990, public hearings on the nominations were held
jointly by the Historic Preservation Board and Planning Board.
Following staff presentation of the Designation Reports and Public
testimony, the Historic Preservation Board voted (8-0) :
1. Recommend designation of the Flamingo Historic District,
adoption of the Designation Report, and an amendment to
the Zoning Ordinance listing the designation.
3
21
2 . Recommend designation of the Museum Historic Preservation
District, adoption of the Designation Report, and
amendment to the Zoning Ordinance listing its designation
with the condition that following City Commission action.
On the designation, the Board would begin the process of
designating all remaining areas of the National Register
Architectural District.
3 . Recommend designation of nine (9) Historic Preservation
sites (excluding the nominated Roney Office Building) ,
adoption of the Designation Reports amending No. 3 ,
Temple Emanu-El to including the sanctuary interior in
the areas subject to review, and an amendment to the
Zoning Ordinance listing the designations.
Following the Historic Preservation Board, the Planning Board voted
(6-0) to recommend the same motions as - the Historic Preservation
Board with an amendment stating the interior of Temple Emanu-El
will be subject to review with the consent of the synagogue.
The attached Designation Reports provide detailed analysis of the
historic significance of the nominated districts/sites and contains
guidelines for review of future projects within the districts or
on any designated site.
IMPACT ON REQUESTS FOR BUILDING PERMITS AND DEMOLITION PERMITS
1. Building Permits: the Zoning Ordinance contains
requirements for Design Review approval of all requests
for Building Permits within the Architectural District,
the review criteria are the Secretary of the Interiors
Standards. Therefore, Historic Preservation Designation
will result in no change in the current building permit
process.
2 . Demolition Permits: With the affirmative vote of the
Historic Preservation Board of the Designation Report on
April 5, 1990, a moratorium on the issuance of demolition
permits is automatically instituted for the
sites/district recommended for Historic Preservation
designation. The moratorium is removed when 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; or
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 Preservation
designation for the proposed site; and such
Certificate of Appropriateness has been issued under
the provisions of Section 19-6; and the applicant
has submitted a covenant running with the land
binding him to comply with all terms and conditions
of the Certificate of Appropriateness, which will
become void should the City Commission deny the
designation.
NEIGHBORHOOD BUILDING/DEMOLITION ACTIVITY
As part of its presentation to the Historic Preservation Board and
Planning Board, the Planning and Zoning Department researched and
quantified the amount of building and demolition activity in the
nominated districts (See Attachment VI) .
4
22
Flamingo District: The majority of demolition activity occurred
in the 1950 's and 60 's, declining through the 1970 's and 80 's;
however, almost twenty (20) buildings were lost in the past decade.
At the present time, a majority of buildings within the nominated
district are historic, if the demolition rate were to continue, the
integrity of the district would be in question.
Museum District: Demolition with in the Museum District was highest
in the 1940 's and 50 's. During this time, many of the single family
structures originally located in this neighborhood were replaced
with multi-family and hotel structures. No demolition or new
construction has occurred within the boundaries of the nominated
district in the past decade. However, the expansion of the
Convention Center could create sufficient development pressure to
endanger historic buildings.
Within the area known as the Architectural District, over $23
million in building permits have been issued for rehabilitation
projects between June 1988 and March 1990. This figure would
support Historic Preservation Designation as being consistent with
predominate building activities in the area.
DESIGNATION CRITERIA
The following Mandatory and Review Criteria are set forth in the
Zoning Ordinance and used to evaluate the designation of properties
in proposed historic districts and sites.
1. Mandatory Criteria: The designation of any individual
site or district as an Historic Preservation Site or
District requires compliance with the following criteria:
(a) Integrity of location, design, setting, materials,
workmanship, and association.
2. Review Criteria: The designation of any individual site
or district as an Historic Preservation Site or District
requires compliance with at least one (1) of the
following criteria:
(a) Association with events that have made a significant
contribution to the broad patterns of our history;
(b) Association with the lives of persons significant
in our past;
(c) Embody the distinctive characteristics of a type,
period, or method of construction;
(d) Possess high artistic values;
(e) Represent the work of a master;
(f) Represent a significant and distinguishable entity
whose components may lack individual distinction;
(g) Have yielded, or are likely to yield information
important in pre-history or history.
3 . Proposed Flamingo Historic District - The attached
Designation Report provides the justification to
designate the area described in Attachment II as a Local
Historic District. The report provides information that
indicates that the proposed district is in general
compliance with the above noted Mandatory and Review
Criteria. In addition to the data submitted in this
report, 63% of buildings in the proposed district are
considered to be historic and are listed as such in the
Planning and Zoning Department Historic Properties Data
Base.
5
L....._.
:_._ 23
4. Proposed Museum Area Historic District and Sites - The
attached Designation Report provides justification to
designate the area described in Attachment V as a
Historic Preservation District. Of the 58 buildings in
the proposed Historic District, 35 or 60% are considered
to be historic.
5. Proposed Historic Preservation Sites - The attached
Designation Reports (numbered 1-9) provide justification
to designate nine sites described in Attachment V as
local Historic Preservation Sites.
COMPLIANCE WITH COMPREHENSIVE PLAN
The proposed designation of the Flamingo and Museum Districts and
nine sites is consistent with the Goals and Objectives of the
Comprehensive Plan:
GOAL:
Secure for future generations the opportunity to share
in the unique heritage of Miami Beach and promote sound
economic development through the purposeful retention,
protection, and continued use of buildings, structures
and districts which are associated with important events
in the City's historic or exhibit significant
architectural qualities.
OBJECTIVE 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.
ADMINISTRATION RECOMMENDATION
The Administration recommends the City Commission adopt the Zoning
Ordinance and Historic District Designation Reports as approved on
first reading. This Ordinance would designate property in the
Flamingo and Museum neighborhoods as local historic districts in
the City' s Zoning Ordinance (See Attachment VII) . Consideration
of the nine (9) properties that were recommended as historic sites
by the Planning Board and Historic Preservation Board is deferred
until the City Commission holds a public hearing to consider
studies that address the construction of a Headquarters Hotel.
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COMMISN\desrepor
6
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
DEPARTMENT OF PLANNING CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7550
TO: ROB W. PARKINS JUNE 15, 1990
CITY MANAGER
FROM: JUD KURLANCHEEK..-'
PLANNING AND ZONING DIRECTOR
URBAN PLANNING AND HISTORIC PRESERVATION DIRECTOR
SUBJECT: HISTORIC PRESERVATION DISTRICTS
The City's Zoning Ordinance has automatically placed a moratorium
on requests for demolition permits for properties which are
proposed to be historic sites or historic districts. The moratorium
was instituted on April 5, 1990 with the Historic Preservation
Board's approval of the Designation Reports and extends up to six
(6) months unless the following actions occur:
1. The City Commission approves a historic district or site
and a Certificate of Appropriateness for Demolition is
awarded by the Historic Preservation Board.
2 . The proposed historic district or site designation is
denied by the City Commission.
3 . Applicants receive an accelerated approval of a
Certificate of Appropriateness for Demolition prior to
the final enactment of historic district or site
designation by the City Commission.
This information was conveyed to the Building Department on April
11, 1990 and to the City Commission on April 18, 1990 and June 6,
1990. Should the City Commission defer consideration of the
proposed historic districts or sites, the moratorium on building
permits will be in place until October 5, 1990. If action is not
taken by that time, the moratorium is automatically removed.
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25
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