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RESOLUTION 92-20609 • RESOLUTION NO. 92-20609 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,CALLING A PUBLIC HEARING TO CONSIDER A RECOMMENDATION OF THE PLANNING BOARD ON THE FOLLOWING AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 89-2665: AN ORDINANCE OF THE CITY OF MIAMI BEACH AMENDING SECTION 19,ENTITLED"HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS," AMENDING SUBSECTION 19-5,ENTITLED"DESIGNATION OF HISTORIC PRESERVATION SITES OR DISTRICTS"BY EXPANDING THE EXISTING LOCALLY DESIGNATED HISTORIC DISTRICTS TO INCLUDE ALL AREAS WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: WHEREAS, on May 18, 1992, the City's Historic Preservation Board held a public hearing and voted in favor of expanding the City's locally designated Historic Districts to include all areas within the Miami Beach Architectural District which are located within the National Register of Historic Places; and WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on July 23, 1992 and continued it to September 22, 1992, at which time they voted, 5-2, in favor of recommending to the City Commission the expansion of the Local Historic Districts as designated by the Historic Preservation Board; and WHEREAS, the City of Miami Beach Planning and Zoning Department has recommended the amendments to the City's Comprehensive Zoning Ordinance which would expand the Local Historic Districts as recommended by the Historic Preservation Board and Planning Board; and WHEREAS, this amendment is deemed necessary to protect and enhance the character of the properties located within the Miami Beach Architectural District as listed in the National Register of Historic Places. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the aforementioned amendment to the Zoning Ordinance is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, October 21, 1992, beginning at 5:01 P.M.; and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 8th dayAltos r of / 992. ,/ I MA 'OR ATTEST: cam. .. P611‘41` CITY CLERK ;o f ilg2.„ commisn\hisdisres.9 FORM APPROVED LEGAL DEPT. By Date 5316 i-3 ,r�Z CITY OF MIAMI ' BEACH AI° 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. 403-92 TO: Mayor Seymour Gelber and DATE: October 8, 1992 Members of the City Commission FROM: Roger M. Carlr4i/M City Manager 4///ty ,. SUBJECT: AMENDMENT OF ZONING ORDINANCE 89-2665 TO EXPAND THE EXISTING LOCALLY DESIGNATED HISTORIC DISTRICTS TO INCLUDE ALL AREAS WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT - SETTING A PUBLIC HEARING ADMINISTRATION RECOMMENDATION The Administration concurs with the findings of the Historic Preservation Board and the Planning Board that the three(3)expanded historic districts meet the requirements for historic designation listed in the Zoning Ordinance. The Administration, therefore, recommends setting a hearing date for October 21, 1992 to hear on first reading the attached Ordinance designating the expansion of the Ocean Drive/Collins Avenue Historic District,Flamingo Park Historic District and Museum Historic District. Subject to the understanding that amendments may be necessary to facilitate the development of a new and/or renovated convention quality hotel after the Request for Proposal process. BACKGROUND At its January 2, 1992 meeting, the Historic Preservation Board requested staff to prepare designation reports on the expansion of the local historic districts to match the boundaries of the National Register "Architectural District". On May 18, 1992, there was a joint meeting of the Planning Board and Historic Preservation Board to consider the designation reports for the expansion of the above referenced districts and to adopt a recommendation on historic designation to the City Commission. The Historic Preservation Board voted 7-2 in favor of recotnmending approval and the Planning Board subsequently voted 6-1 to recommend approval to the City Commission. Subsequent to the May 18 hearing, there were questions as to proper notification and advertising. As a consequence, the Planning Board re-heard the matter on July 23, 1992. At that time, they voted to continue the meeting until such time as the City's consultant (Wallace Roberts & Todd) had completed its analysis of the feasibility of constructing a convention headquarters hotel within the design requirements of a local historic district. On September 22, 1992, the Planning Board held its continuation of the July 23 hearing. At that meeting, John Fernsler, representing Wallace Roberts & Todd, testified that their completed analysis demonstrates that a headquarters hotel can indeed be constructed within the area under consideration and meet all of the design standards and requirements of a Local Historic District, should the districts be expanded. The Planning Board also was provided a letter from M. Chase Burritt and Andrew Dolkart of Kenneth Leventhal & Company (dated 9/17/92), wherein the following conclusion was made relative to the designation of a Convention Village Redevelopment Area and expansion of the local historic districts to conform to the National Register Historic District: "To the extent that we have concluded that new hotel development and historic preservation can co-exist, we can also recognize the logic associated in moving to establish both designations on a simultaneous basis, assuming that in so doing, action is taken to assure a continued balancing of interest. Such balancing of interest will likely require the establishment of mechanisms that will permit,in a controlled manner, 43 1 AGENDA ITEM t O DATE the demolition, partial demolition and/or substantial renovation of historic structures to accommodate the potential new hotel and other development incorporated in the redevelopment plan, after appropriate public hearing, as necessary to energize the convention center and/or catalyze overall economic growth". The Planning Board determined that it had sufficient information to make a recommendation and proceeded to vote, 5-2, to recommend approval to the City Commission. Significant Dates July 23, 1986 - City Commission designates the Ocean Drive/Collins Avenue Historic District. June 20, 1990 - City Commission designates the Flamingo Park and Museum Historic Districts. December 5, 1991 - Historic Preservation Board nominates all areas within the Architectural District not already locally designated, for local historic district designation. January, 1992 - Historic Preservation Board considers the preliminary review of nominated areas and directs staff to prepare designation reports. May 18, 1992 - Historic Preservation Board and Planning Board hold joint public hearing and recommend approval of the proposed expansion of the Local Districts. June 2, 1992 - Administrative decision reached to have the Planning Board re-advertise and re-hear the matter to eliminate any question on a procedural deficiency. July 23, 1992 - Planning Board opens public hearing on historic district expansion. Continues meeting until September 22. Sept 22, 1992 - Planning Board holds continued public hearing and votes 5-2 in favor of recommending expansion of the Local Historic Districts, following a report from the City's convention hotel consultant, WRT. Designation Process The designation reports for the three (3) expanded local historic districts are required to be presented to the Historic Preservation Board and the Planning Board at public hearings. Following public input, the Historic Preservation Board votes on whether or not the proposed districts meet the criteria listed in the Zoning Ordinance and transmit a recommendation on historic designation to the Planning Board and City Commission. If the Board votes against the designation, no further action is required. If the Board votes in favor of designation, the Planning Board reviews the designation reports and formulates its own recommendation. The recommendations of both Boards along with the designation reports are presented to the City Commission which will hold two (2) public hearings on the designation. Following the second hearing, the City Commission may designate all or portions of the nominated areas as part of a local historic district with a 5/7 majority vote. (Note: Following the Historic Preservation Board's affirmative vote on the designation reports, requests for demolition permits in the nominated districts can be withheld for a maximum of six (6) months until the designation process is complete or the applicant applies for an"Accelerated Certificate of Appropriateness." This six (6) month period has already commenced, based on the Historic Preservation Board's action on May 18, 1992 and will terminate on November 18, 1992. Designation Reports A designation report is an analysis of the historical and architectural significance of a nominated site or district. The report reviews current trends affecting the nominated area, analyses the nominated area's compliance with the criteria for historic designation listed in the Zoning Ordinance and recommends review standards for development projects within the area if designated. 2 44 ANALYSIS 1. Regulatory Impact of Historic District Designation. Should a property be included within a local historic district, the following regulatory changes would occur: A. The Zoning Ordinance requires that all buildings in Miami Beach (except single family homes) receive Design Review Board approval prior to the issuance of a building permit for any improvement. Properties located within the National Register Architectural District are reviewed by the seven (7) member Design Review Board using the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, design guidelines contained in neighborhood plans, criteria listed in the Zoning Ordinance and design guidelines developed by the Board. For those properties which are within a local historic district, the same review process and same guidelines are used; however, three (3) members of the Historic Preservation Board join the Design Review Board in the review. No additional hearings or changes in guidelines are required. B. If a property within a local historic district requests a permit for demolition, the Zoning Ordinance provides for a review process: 1. Demolition of a historic building within a local historic district requires a public hearing before the Historic Preservation Board, who submits-a recommendation to be heard at a public hearing before the City Commission. The City Commission makes the final decision on the request for demolition. A 5/7 Commission vote is required to overrule a Historic Preservation Board recommendation. The City Commission has the authority to approve,approve with conditions or deny the request for demolition. 2. Demolition of a non-historic building within a local historic district requires a public hearing before the Historic Preservation Board. The purpose of this hearing is to confirm the non-historic status of the building. If confirmed, no further hearing is required. 3. The Zoning Ordinance contains the criteria to be used by the Historic Preservation Board and City Commission in making their decision on requests for demolition. If a demolition request is approved, the permit may not be issued until the building permit for the replacement use is issued. This prevents demolition on speculation, resulting in vacant lots. C. Within the Mixed Use Entertainment (MXE) Zoning District local historic designation allows hotel rooms in existing buildings to be a minimum size of 200 sq.ft. Without local designation, minimum hotel unit sizes range from 300 sq.ft. with 85% of units above 335 sq.ft. This will affect properties located within the proposed Museum Historic District expansion area. D. Historic designation does not change the underlying zoning classification. 2. Justification of Expanded Districts A. Expansion of Ocean Drive/Collins Avenue District. The district,first designated in 1986, includes the majority of historic hotel/tourist facilities and all historic oceanfront development within the National Register Architectural District. For reasons more fully explained in the attached designation report,staff finds the expanded district meets the mandatory and review criteria for designation listed in the Zoning Ordinance. The expanded district contains 130 historic structures (60% of total sites) which exemplify the cultural development of Miami Beach in the 1920s-1940s, the period which established Miami Beach as America's premier oceanfront resort. B. Expansion of the Flamingo Park Historic District. This district, originally designated in 1990, contains the majority of historic multi-family and commercial development within the National Register Architectural District. The inclusion of Lincoln Road properties is appropriate for, like Washington Avenue, Lincoln Road is traditionally the primary commercial/ retail center of Miami Beach, played a major role in the development of Miami Beach, and contains a high percentage of historic structures. For reasons more fully 3 45 explained in the attached designation report, staff finds the expanded district meets the mandatory and review criteria for designation as listed in the Zoning Ordinance. The expanded district contains 632 historic buildings (62% of total sites), is associated with events and persons significant to the history of Miami Beach and represents high artistic/architectural values. C. Expansion of the Museum Historic District. This district, originally designated in 1990, contains the remainder of the historic hotel and multifamily development in the northern section of the National Register Architectural District. Originally developed in close proximity to the Alton Beach (later named Municipal) Golf Course, this northern section of the district has a more intimate, garden like setting than the Flamingo Park Historic District. Concern for development of a new Convention Center hotel limited the boundaries of the original district; however, recent agreements between the preservation and development communities along with a consultant study on the integration of convention facilities within a historic district have helped allay this concern. The expanded district contains 60 historic buildings (50% of total sites), among which are outstanding examples of historic architectural styles and master architects. Staff finds the expanded Museum District meets the mandatory and review criteria as listed in the Zoning Ordinance. 3. Zoning Amendment Review Criteria Section 14-2(E) of the Zoning Ordinance contains a list of 13 criteria the Planning Board is to consider when reviewing a request for an amendment to the Ordinance. The following presents an analysis of how the proposed expanded historic districts relate to these criteria. A. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood plan or redevelopment plan. The proposed designations are consistent with the Historic Preservation Element of the Comprehensive Plan Objective No. 1 which states: "By 1993 increase the total number of structures designated as historically significant from that number of structures designated in 1988,either individually or as a contributing structure within a National Register Historic Preservation District or a local ordinance historic preservation district." B. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. The proposed designations would integrate the subject areas with adjacent local districts and provide for consistency of regulations throughout the Architectural District. C. Whether the change suggested is out of scale with needs of the neighborhood or the City. The expansion of the local districts would encourage development that is compatible with the scale, characteristics and needs of the surrounding neighborhood. D. Whether the proposed change would tax the existing load on public facilities and infrastructure. There should be no significant effect on the public facilities and infrastructure serving these areas. E. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed boundaries reflect the National Register District boundaries. Each of the proposed local districts represent logical boundaries based on land use, man-made boundaries and historical association. 4 36 F. Whether changed or changing conditions make the passage of the proposed change necessary. The success of historic preservation in the revitalization of southern Miami Beach supports this direction to protect the entire Architectural District. Recent demolitions,including that of the Sands Hotel,demonstrate the necessity for this amendment. G. Whether the proposed change will adversely influence living conditions in the neighborhood. There should be no adverse effect. The quality of living conditions in designated areas has significantly improved since the City has created local historic district designations. Hundreds of Design Review cases (both substantial rehabilitation and cosmetic improvements) in the existing districts demonstrate that this improvement has occurred. H. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of service as set forth in the Comprehensive Plan or otherwise affect public safety. As designation encourages the retention of existing buildings and does not change the permitted land uses, the levels of service set forth in the Comprehensive Plan should not be affected by designation. Likewise, public safety should not be affected. I. Whether the proposed change will seriously reduce light and air to adjacent areas. If designation results in the retention and preservation of existing buildings, there should be no reduction in light and air. J. Whether the proposed change will adversely affect property values in the adjacent area. As property values and value of construction have historically increased in the existing designated districts, there is no evidence to suggest that designation would adversely affect property values in the proposed areas. K. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Designation of the expansion areas should help to ensure continued improvement in adjacent neighborhoods because buildings on the edges of designated districts will now be protected and improved over time. L. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. As designation does not change the underlying zoning district classifications,the permitted land uses in the expanded historic districts are not to be affected. M. Whether it is impossible to find other adequate sites in the City for the proposed used in a district already permitting such use. This review criteria is not applicable. Based on the foregoing review, the Planning staff found the proposed historic designations to be in compliance with the criteria for zoning amendments and provided this finding to the Planning Board. CONCLUSION Since 1986, the City has employed an incremental approach to the local designation of the National Register Architectural District. This approach has enabled the concept of preservation to be gradually absorbed by the community. The positive social and economic impact preservation has had on the revitalization of South Beach and worldwide media recognition of Miami Beach is well known. The proposed designation of the remainder of the Architectural District is timely and appropriate to protect the cultural heritage of the community. The Administration has reached this conclusion fully realizing that designation may be perceived by the hotel development community and as an impediment to the development of a convention headquarters hotel on one or more of the sites identified by Wallace Roberts & 47 5 Todd. The Administration strongly believes that with the progress made in developing a consensus by the Historic Convention Village Citizens Advisory and Technical committee, including that from our historic preservation representatives, will allow a project to be built of at least 1000 rooms. RMC:JK:RR:DJG:jm Attachments commisn\hisdist.92 6 vl\1t J_L'4 11J RESOLUTION NO. 92-20609 Calling a public hearing to consider a recommendation of the Planning Board on the following amendment to Comprehensive Zoning Ordinance No. 89-2665: an Ordinance of the City of Miami Beach amending §19, entitled "Historic Preservaiton Board and Historic District Regulations," . . . .