Ordinance 2020-4341 HISTORIC PRESERVATION REVIEW OF GU HEIGHT WAIVERS
ORDINANCE NO.. 2020-4341
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 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 9,
ENTITLED "GU GOVERNMENT USE DISTRICT," BY AMENDING
SECTION 142-425, ENTITLED "DEVELOPMENT REGULATIONS," TO
MODIFY THE REVIEW PROCEDURES FOR WAIVERS OF HEIGHT
REQUIREMENTS ON LOTS WITH A GU ZONING DESIGNATION; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach (the "City") seek
to obtain input from applicable land use boards on issues pertaining to height and relationship to
building context, pertaining to properties with a government use ("GU")zoning designation; and
WHEREAS, the Mayor and City Commission desire to amend the City Code to provide a
mechanism for input from the Historic Preservation Board on proposed waivers of height
requirements for properties located in GU districts; and
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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. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
II, entitled "District Regulations," Division 9, entitled "GU Government Use District" is hereby
amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
Division 9. GU Government Use District
* * *
Sec. 142-425. - Development regulations.
(a) The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU
government use district shall be the average of the requirements contained in the
surrounding zoning districts as determined by the planning and zoning director, which shall
be approved by the city commission.
(b) Upon the sale of GU property, the zoning district classification shall be determined, after
public hearing with notice pursuant to Florida Statutes, by the city commission in a manner
consistent with the comprehensive plan. Upon the expiration of a lease to the city or other
government agency, the district shall revert to the zoning district and its regulations in effect
at the initiation of the lease.
(c) Setback regulations for parking lots and garages when they are the main permitted use are
listed in subsection 142-1132(n).
(d) Following a public hearing, the development regulations required by these land development
regulations, except for the historic preservation and design review processes, may be
waived by a five-sevenths vote of the city commission for developments pertaining to
governmental owned or leased buildings, uses and sites which are wholly used by, open
and accessible to the general public, or used by not-for-profit, educational, or cultural
organizations, or for convention center hotels, or convention center hotel accessory
garages, or city utilized parking lots, provided they are continually used for such purposes.
Notwithstanding the above, no GU property may be used in a manner inconsistent with the
comprehensive plan.
In all cases involving the use of GU property by the private sector, or joint
government/private use, development shall conform to all development regulations in
addition to all applicable sections contained in these land development regulations and shall
be reviewed by the planning board prior to approval by the city commission. All such private
or joint government/private uses are allowed to apply for any permittee permitted variances
but and shall not be eligible to-waive for a waiver of any regulations as described in this
paragraph. However, not-for-profit, educational, or cultural organizations as forth herein,
shall be eligible for a city commission waiver of development regulations as described in
this paragraph, except for the historic preservation and design review processes.
Additionally, private uses on the GU lots fronting Collins Avenue between 79th and 87th
Streets approved by the city commission for a period of less than ten years shall be eligible
for a city commission waiver of the development regulations as described in this paragraph,
for temporary structures only. Such waivers applicable to GU lots fronting Collins Avenue
between 79th and 87th Streets may include, but not be limited to, the design review process,
provided the city commission, as part of the waiver process, evaluates and considers all
applicable design review requirements and criteria in chapter 118 of the land development
regulations.
If a waiver for eligible GU property under this subsection pertains to building height, and the
subject property is located within a local historic district, the city commission shall first refer
the proposed height waiver to the historic preservation board for the board's review and to
obtain an advisory recommendation as to whether the proposed waiver should be approved
or denied. The historic preservation board shall review the proposed waiver and provide an
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advisory recommendation within 45 days of the referral by the city commission.
Notwithstanding the foregoing, the requirement set forth in this paragraph shall be deemed to
have been satisfied in the event that the board fails, for any reason whatsoever, to review a
proposed height waiver and/or provide a recommendation to the city commission within the
45-day period following the referral.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION
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 Code of the City of Miami Beach, as
amended; that the sections of.this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. 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. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this a 9 day of `I.ti"< , 2020.
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ATTEST:
Dan Gelber, Mayor
Pep�1,B i
Rafael E. Granado, City Clerk - : Y, pz:� ,
1E CORP RATE .i '%
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(Sponsored by: Vice-Mayor Michael Gongora) #,,,-;7-4..., c,:l 26,.--
APPROVED AS TO
First Reading: January 15, 2020 FORM & LANGUAGE
Second Reading: ebruary 1 2020 & FO EX CUTION
Verified B : (-9>54_14.%� �Z'3G y(
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By: l
Thomas R. ooney, AICP City Attorney Date
Planning Director. \(--
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T:\Agenda\2020\01 January\Planning\GU Height Waiver HPB Review-First Reading ORD.docx
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Ordinances -R5 B
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 24, 2020
9:15 a.m. Second Reading Public Hearing
SUBJECT: HISTORIC PRESERVATION REVIEW OF GU HEIGHT WAIVERS
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 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 9,
ENTITLED "GU GOVERNMENT USE DISTRICT," BYAMENDING SECTION
142-425, ENTITLED "DEVELOPMENT REGULATIONS," TO MODIFY THE
REVIEW PROCEDURES FOR WAIVERS OF HEIGHT REQUIREMENTS
ON LOTS WITH A GU ZONING DESIGNATION; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITYAND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On September 12, 2018, at the request of Commissioner Michael Gongora, the City
Commission referred a discussion item (C4A) to the Land Use and Development Committee
(LUDC) pertaining to an Ordinance amendment to provide for a recommendation by the Historic
Preservation Board, prior to any GU waiver of development regulations within a local historic
district.
On October 31, 2018 the item was deferred to the November 28, 2018 LUDC meeting. On
November 28, 2018 the LUDC discussed the item and recommended that the City
Commission refer a draft ordinance amendment to the Land Development Regulations to the
Planning Board.
On January 16, 2019, at the request of Vice-Mayor Michael Gongora, the City Commission
referred the attached Ordinance to the Planning Board (Item C4W).
ANALYSIS
PLANNING ANALYSIS
As proposed, the draft ordinance would amend Section 142-425 of the City Code by requiring
that waivers of height regulations for properties zoned GU (Government Use), and which are
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also located within an historic district, be referred to the historic preservation board for review
and recommendation. In order to address timing and not delay the waiver process, the
proposed amendment requires that the referral be placed on the next available agenda of the
historic preservation board.
Additionally, the board must review the height waiver and provide a recommendation to the City
Commission within 45 days of such referral. If the historic preservation board does not provide
a recommendation to the City Commission within this 45 day period, for any reason, it shall
result in the satisfaction of this recommendation requirement.
PLANNING BOARD REVIEW
On February 26, 2019, the Planning Board held a public hearing and transmitted the ordinance
to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).
UPDAT E
The subject ordinance was considered at first reading on March 13, 2019 and deferred to the
December 11, 2019 meeting. On December 11, 2019 the ordinance was deferred to the
January 15, 2020 meeting. The subject ordinance came before the City Commission on
January 15, 2020 and was deferred to February 12, 2020, due to the length of the agenda. On
February 12, 2020 the City Commission approved the subject ordinance at first reading with no
changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Michael Gongora and Co-sponsored by Mayor Gelber
ATTACHMENTS:
Description
D Form Approved ORDINANCE
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