Ordinance 92-2786 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 REGULATIONS",
AMENDING SUBSECTION 6-2, ENTITLED "RM-1, RESIDENTIAL MULTI-
FAMILY LOW INTENSITY" BY ADDING BED AND BREAKFAST INN AS A
PERMITTED USE;
3. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS",
AMENDING SUBSECTION 6-6, ENTITLED "CD-1, COMMERCIAL LOW
INTENSITY" BY ADDING BED AND BREAKFAST INN AS A PERMITTED
USE;
4. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS",
AMENDING SUBSECTION 6-22, ENTITLED "SUPPLEMENTARY USE
REGULATIONS" BY CREATING CONDITIONS AND REGULATIONS FOR
BED AND BREAKFAST INNS;
5. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS",
AMENDING SUBSECTION 6-24, ENTITLED "SCHEDULE OF DESIGN
BONUSES" BY CLARIFYING WHICH BONUSES ARE APPLICABLE TO
PARTICULAR DEVELOPMENTS, ESTABLISHING CRITERIA NO. 6,
HISTORIC CRITERIA, FOR DEVELOPMENTS WHICH ARE NOT LOCATED
IN THE NATIONAL REGISTER DISTRICT AND CREATING 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
ESTABLISHING FEES FOR REVISIONS TO PREVIOUSLY APPROVED
PLANS AND ESTABLISHING FEES FOR APPEALS OF STAFF OR HISTORIC
PRESERVATION BOARD DECISIONS;
7. AMENDING SECTION 19,"HISTORIC PRESERVATION 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
ELIMINATING THE REQUIREMENT FOR A COVENANT RUNNING WITH
THE LAND IN ORDER TO BE ISSUED A CERTIFICATE OF
APPROPRIATENESS;
8. AMENDING SECTION 19,"HISTORIC PRESERVATION BOARD AND
HISTORIC DISTRICT REGULATIONS" AMENDING SUBSECTION 19-6,
ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS /
CERTIFICATE TO DIG / CERTIFICATE OF APPROPRIATENESS FOR
DEMOLITION"BY PROVIDING FOR STAFF REVIEW FOR SINGLE FAMILY
HOMES WITHIN LOCALLY DESIGNATED HISTORIC DISTRICTS; AND
9. AMENDING SECTION 19,"HISTORIC PRESERVATION BOARD AND
HISTORIC DISTRICT REGULATIONS", AMENDING SUBSECTION 19-7
ENTITLED "HISTORIC PRESERVATION 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
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developments in the National Register District and to improve procedures of the Historic
Preservation Board and Historic District Regulations; and
WHEREAS, these revisions 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 occupied and operated to provide guest rooms with breakfast
and/or dinner included as part of the room rate.
SECTION 2. That Subsection 6-2 of Zoning Ordinance No.89-2665,entitled"RM-1,Residential
Multi-Family Low Intensity" is hereby amended as follows:
6-2 RM-1 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 Dwelling;Townhomes; Facility;Day Care Facility;
and multiple Family Apartments;Bed&Breakfast Nursing Home;Religious
residences. Inn (pursuant to Section Institutions;Private and
6-22,H). Uses that serve Public Institutions; Schools;
Alcoholic Beverages as listed Commercial or non-commercial
in Section 12 (Alcoholic Parking Lots and Garages.
Beverages).
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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-1 COMMERCIAL, LOW INTENSITY.
A. Purpose and Uses
1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
This is a retail sales,Personal Commercial Uses;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,H). Uses that Religious Institution;Public
surrounding residential serve Alcoholic Beverages as and Private Institutions;
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 SUPPLEMENTARY USE REGULATIONS
* * *
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.
3. 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:
a. The Structure shall be allowed to maintain (or restore) the
original number and size of bedrooms which, with the exception
of rooms occupied by the owner may 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
elevations.
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d. If there is evidence of interior alterations and original building
plans are not available, the guest rooms shall be restored to the
probable size and configuration as proposed by a preservation
architect and subject to approval by the Historic
Preservation/Design Review Board.
6. There shall be no cooking facilities/equipment in guest rooms. One small
refrigerator with maximum capacity of 5 cu.ft.shall be permitted in each
guest room. All cooking equipment which may exist shall be removed
from the Structure with the exception of the single main kitchen of the
house.
7. The Bed and Breakfast Inn may serve breakfast and/or dinner to
registered guests only. No other meals shall be provided. 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 paved patios shall be restored but not enlarged. If no
paved surface exists, one consistent with neighboring properties
may be installed.
b. The area shall be landscaped and reviewed under the Design
Review process. Landscape design shall effectively buffer the
outdoor area used for meals from adjacent properties.
c. Any meal served outdoors shall be carried out from inside
facilities. Outdoor cooking, food preparation, and/or
serving/buffet tables are prohibited.
9. The entire Building shall be substantially rehabilitated and conform to
the South Florida Building Code, Property 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 portion of auxiliary Structures shall have air
conditioning units.
10. Building identification sign for a Bed & Breakfast Inn shall be the same
as allowed for an Apartment Building in the zoning district in which it
is located.
11. The maximum amount of time that any Person other than the owner may
stay in a Bed and Breakfast Inn during a one (1) year period shall not
exceed three (3) months.
12. The required off-street parking 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 public right-of-way and required parking spaces
shall not be constructed on swales, public 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
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City's Historic Properties Database and which are not in the
Architectural District. Developments which are located in the National
Register District shall be eligible for the design bonuses listed in Section
6-24,C; however, they must at a minimum comply with three (3) of the
criteria.
* * *
B. Floor Area Ratio Bonuses
* * *
6. Historic Criteria:: Developments which are listed in the City's Historic
Properties Database and which are not located in the National Register
District are eligible for the following design bonuses:
* * *
C. Developments which are located in the National Register District shall not be
eligible for the design bonuses as set forth above in subparagraph B; rather,they
shall be eligible for the following design bonuses:
BONUS FACTORS APPLICATION MAX
FAR
NEW ADDITIONS BONUS
CONSTR. TO EXIST.
1. Arcades - including public pedestrian access, X X 0.025 per 250
accommodation of activities, linkage in circulation sq.ft. of
pattern, relationship to architectural and urban arcade. Shall
design features, shading, cooling and protective not exceed
effect, relationship to public and private spaces, 0_1
accessibility and usability. Bonus available in
MXE and commercial zoning districts only.
2. Open Space - areas shall be open from ground to X 0.05 for
the sky. For the purposes of calculating this every 10%
bonus, Open Space shall be defined as the open that
area that exceeds the minimum area resulting from exceeds
required setbacks. the area
resulting
from the
required
setbacks.
Shall not
exceed
0.1
3. Parking - access to parking via the Alley or side X 0.50
Street so that the Front Yard has no visible
driveway or parking spaces. Building access from
the Front Yard shall be at Grade, consistent with
neighboring Historic Buildings.
X 0.1
4. Front porch - the porch shall be continuous and
comprise at least 75% of Lot Width and not exceed
four (4) feet above Grade. This bonus applies to
Buildings in the MXE and CD-3 zoning districts
only.
5. 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 parked vehicles
and parking areas from public view.
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BONUS FACTORS APPLICATION MAX
FAR
NEW ADDITIONS BONUS
CONSTR. TO EXIST.
6. Use of historic building materials such as X 0.025 for
keystone, oolitic limestone, vitrolite, and each 25 sq.ft.
decorative terrazzo on new Buildings to better of material.
achieve compatibility. Bonus
shall not
exceed
0.1
7. Door and Window Alignment - Doors and windows X 0.25
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 required
for review of this bonus.
8. Secretary of the Interior Certification - the X 0.1
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.
9. Replication of Missing Historic Architectural X 0.1 for
and/or Decorative Elements - exact replication each $10,000
based on photographs, architectural plans or other of
definitive documentation of architectural and restor-
decorative elements which are missing or ation cost.
destroyed (existing elements are required to be Bonus
repaired). Such elements include (but are not shall not
limited to) Balcony railings, balustrades, towers, exceed
bas-relief panels, door/windows surrounds, 0_5
cornices, light fixtures, fireplaces and terrazzo
floors.
10. Restoration of Artwork - existing fine art X 0.1 for
elements such as murals, sculptures and stained each $10,000
glass are restored by qualified experts. of restor-
ation cost.
Bonus
shall not
exceed 0.3
11. Replication of original Building Sign(s) - X 0.025 for
replication based on photographs or architectural painted
plans of the Building's original Sign (if sign is Signs;
existing, restoration is a requirement). This bonus 0.050 for
would require the original Building name to be Flat
retained. neon,
metal or
masonry
letters;
0.075 for
three-
dimen-
sional
neon,
metal or
masonry
Signs.
12. Use of accurate period furniture in the lobby and X 0.1
public rooms.
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BONUS FACTORS '' APPLICATION MAX
FAR
NEW ADDITIONS BONUS
•
CONSTR. TO EXIST.
13. 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 required
Historic Building in or outside of a locally parking
designated Historic District or the Architectural provided (not
District, then this bonus is not applicable. including
credits).
14. Hotel amenities - provision of meeting rooms, X X 0.025 per
conference rooms and assembly rooms. Available 500 s.f.
to Hotels and Apartment Hotels that have a of public
minimum of 50% of the total number of units as meeting
Hotel Units. space.
Bonus
shall not
exceed
0.1
15. Recreational amenities - provision of indoor gym, X X 0.025 per
indoor/outdoor jacuzzi, swimming pool or similar feature.
feature. Court games and party rooms not Bonus
included. shall not
exceed
0.1
16. Roof Surface - improvement of roof surfaces X X 0.025 per 20%
visible to neighboring properties by use of decking of roof
and roof landscaping. treated.
Bonus shall
not exceed
0.1
17. Xeriscape - use of xeriscape landscape techniques X X 0.1
in at least 50% of landscaped area.
18. Alley Improvements - resurfacing and lighting in X X 0.25
accordance with the specifications of the City's
Public Works Department and Police Crime
Prevention Unit. CPTED (Crime Prevention
Through Environmental Design) standards shall be
applied to the entire structure.
19. Public Art - providing examples of art on private X X 0.1
property, visible from the public right-of-way.
The art shall not negatively impact the historic
structure. The appropriateness of the art shall be
determined by the Dade County Art in Public
Spaces Trust. The art shall cost a minimum of 1%
of the construction cost or $25,000, whichever is
greater. This provision does not include fountains.
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BONUS IF"A!CTDRS APPLICATION MAX
FAR
NEW ' ADDITIONS BONUS
CONSTR. TO EXIST.
20. Multi-family Units - provision of units exceeding X X 0.05 per
the minimum/average unit size required by the each 10%
Zoning Ordinance. the proposed
average
unit
exceeds the
average
size
required
by the
Zoning
Ordinance
Bonus
shall not
exceed
0.35 - (See
Chart.)
New Construction
Avg. Unit Size (sq.ft.) 800 880 960 1040 1120 1200 1280 1360
•
Bonus 0 0.05 0.10 0.15 0.20 0.25 0.30 0.35
Rehabilitation
Avg. Unit Size (sq.ft.) 550 615 670 725 780 835 890 945
•
Bonus 0 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
* * *
10. Revisions to previously approved plans shall require a fee of $25.00 for
reviews conducted by staff and one-half (1/2) of the original fee for
plans which were approved by the Board.
11. Appeal of a staff decision to the Board shall require a fee of $25.00 and
an appeal of a Board decision to the City Commission shall require a fee
of one-half (1/2) of the original application fee. The fee shall be
refunded if the applicant prevails in the appeal.
* * *
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SECTION 7. That Subsection 19-5,C of Zoning Ordinance No. 89-2665 entitled "Historic
Preservation Designation" is hereby amended as follows:
19-5 DESIGNATION OF HISTORIC PRESERVATION 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, aew
construction, Alteration, signage, repair, or other physical Alteration or
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
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
will become void should the City Commission deny the
designation.
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 /
CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION
* * *
D. Special Review Procedure
For minor work, associated with single family homes, that is visible from a
public 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 representative, upon
the written authorization of the Chairperson of the Historic Preservation Boards
shall have the authority to approve, approve with conditions or deny an
application on behalf of the Board. The Director's decision shall be based upon
the criteria listed in Section 19-6. Any appeal of the Historic Preservation and
Urban Design Director's decision shall be considered by the Board at the next
regular meeting date.
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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 PRESERVATION 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 approval 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. This Ordinance shall take effect on the
18th day of July , 1992.
PASSED and ADOPTED this 8th j day of July
1992. /
Aim0441
MAYOR
ATTEST:
IF .nA „w`"-
CITY CLERK -4I i
1st reading 6/17/92
2nd reading 7/8/92
rev. April 28, 1992
DJG/JGG
c:\wp\jgg\pb\B&BNSS 19
FORM APPROVED
LEGAL DEPT.
By 5 2/Y Soiketteen
Date 7` 7 —q7-
10
CITY nF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 348
5-� 2,
TO: Mayor Seymour Gelber and DATE: June 11, 1992
Members of the City Commission
FROM: Roger M. Car1t ' a
City Manager �'U vtiL
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, 1991 and January 2 , 1992, the Historic Preservation
Board approved the concepts as presented in this memorandum and
requested the Planning Board to amend the Zoning Ordinance
accordingly.
Planning 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.
AGENDA 3 -1)ITEM R -
DATE - Z
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 REQUEST
Z. 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.
Background
At the June 6, 1991 meeting of the Historic Preservation
Board, the Chair appointed a subcommittee to study Section 6-
24, Schedule of Design Bonuses, of the Zoning Ordinance. At
its 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 3
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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
permitted in the Architectural 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-1 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 BUT 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.
44
t.
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 following 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 provision 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.
'lb
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.
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