92-2786 ORD
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 REGULA TIONS",
AMENDING SUBSECTION 6-2, ENTITLED "RM-l, RESIDENTIAL MUL TI-
F AMIL Y LOW INTENSITY" BY ADDING BED AND BREAKFAST INN AS A
PERMITTED USE;
3. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULA TIONS",
AMENDING SUBSECTION 6-6, ENTITLED "CD-I, COMMERCIAL LOW
INTENSITY" BY ADDING BED AND BREAKFAST INN AS A PERMITTED
USE;
4. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULA TIONS",
AMENDING SUBSECTION 6-22, ENTITLED "SUPPLEMENT AR Y USE
REGULATIONS" BY CREATING CONDITIONS AND REGULATIONS FOR
BED AND BREAKFAST INNS;
5. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULA TIONS",
AMENDING SUBSECTION 6-24, ENTITLED "SCHEDULE OF DESIGN
BONUSES" BY CLARIFYING WHICH BONUSES ARE APPLICABLE TO
PAR TICULAR DEVELOPMENTS, ESTABLISHING CRITERIA NO.6,
HISTORIC CRITERIA, FOR DEVELOPMENTS WHICH ARE NOT LOCA TED
IN THE NA TIONAL REGISTER DISTRICT AND CREA TING 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
EST ABLISHING FEES FOR REVISIONS TO PREVIOUSLY APPROVED
PLANS AND EST ABLISHING FEES FOR APPEALS OF ST AFF OR HISTORIC
PRESER V A TION BOARD DECISIONS;
7. AMENDING SECTION 19, "HISTORIC PRESER V A TION 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
ELIMINA TING THE REQUIREMENT FOR A COVENANT RUNNING WITH
THE LAND IN ORDER TO BE ISSUED A CER TIFICA TE OF
APPROPRIA TENESS;
8. AMENDING SECTION 19, "HISTORIC PRESER V A TION BOARD AND
HISTORIC DISTRICT REGULATIONS" AMENDING SUBSECTION 19-6,
ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS /
CER TIFICA TE TO DIG / CER TIFICA TE OF APPROPRIATENESS FOR
DEMOLITION" BY PROVIDING FOR ST AFF REVIEW FOR SINGLE F AMIL Y
HOMES WITHIN LOCALLY DESIGNATED HISTORIC DISTRICTS; AND
9. AMENDING SECTION 19, "HISTORIC PRESER V A TION BOARD AND
HISTORIC DISTRICT REGULATIONS", AMENDING SUBSECTION 19-7
ENTITLED "HISTORIC PRESER V A TION 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
developments in the National Register District and to improve procedures of the Historic
Preservation Board and Historic District Regulations; and
WHEREAS, these reVlSlons 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 occuDied and oDerated to Drovide guest rooms with breakfast
and/or dinner included as Dart of the room rate.
SECTION 2. That Subsection 6-2 of Zoning Ordinance No. 89-2665, entitled "RM-I, Residential
Multi-Family Low Intensity" is hereby amended as follows:
6-2 RM-I 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 Dwellingj Townhomesj FacilitYj Day Care Facility;
and multiple Family Apartments: Bed & Breakfast Nursing Homej Religious
residences, Inn (pursuant to Section Institutionsj Private and
6-22,m, Uses that serve Public Institutions; Schoolsj
Alcoholic Beverages as listed Commercial or non-commercial
in Section 12 (Alcoholic Parking Lots and Garages.
Beverages),
2
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-I COMMERCIAL, LOW INTENSITY.
A. Purpose and Uses
1. District Purpose 2. Main Permitted UBe8 3. Conditional UBe8 4. AccellllOry UBe8
This is a retail sales, Personal Commercial Usesj 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.HL Uses that Religious Institutionj Public
surrounding residential serve Alcoholic Beverages as and Private Institutionsj
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 SUPPLEMENT AR Y USE REGULA nONS
* * *
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.
1. 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:
.iL. The Structure shall be allowed to main tain (or restore) the
original number and size of bedrooms which. with the exception
of rooms occupied bv the owner mav 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
eleva tions.
3
d. If there is evidence of interior alterations and original building
olans are not available. the guest rooms shall be restored to the
orobable size and configuration as orooosed bv a oreservation
architect and subiect to aooroval bv the Historic
Preservation/Design Review Board.
6. There shall be no cooking facilities/eQuioment in guest rooms. One small
refrigerator with maximum caoacity of 5 cU.ft. shall be oermitted in each
guest room. All cooking eQuioment which may exist shall be removed
from the Structure with the exceotion of the single main kitchen of the
house.
1.... The Bed and Breakfast Inn may serve breakfast and/or dinner to
registered guests only. No other meals shall be orovided. 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 oaved oatios shall be restored but not enlarged. If no
oaved surface exists. one consistent with neighboring orooerties
may be installed.
b. The area shall be landscaoed and reviewed under the Design
Review orocess. Landscaoe design shall effectively buffer the
outdoor area used for meals from ad iacent orooerties.
c. Any meal served outdoors shall be carried out from inside
facilities. Outdoor cooking. food oreoaration. and/or
serving/buffet tables are orohibited.
9. The entire Building shall be substantially rehabilitated and conform to
the South Florida Building Code. Prooerty 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 oortion of auxiliary Structures shall have air
conditioning units.
ill Building identification sign for a Bed & Breakfast Inn shall be the same
as allowed for an Aoartment Building in the zoning district in which it
is located.
lL. The maximum amount of time that any Person other than the owner may
stav in a Bed and Breakfast Inn during a one (I) year oeriod shall not
exceed three (3) months.
1l:. The reQuired off-street oarking 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 oubHc right-of-way and reQuired oarking soaces
shall not be constructed on swales. oubHc 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
4
City's Historic Prooerties Database and which are not in the
Architectural District. Develooments which are located in the National
Register District shall be eligible for the design bonuses listed in Section
6-24.C: however. thev must at a minimum comolv with three (3) of the
cri teria.
* * *
B. Floor Area Ratio Bonuses
* * *
6. Historic Criteria....:. Develooments which are listed in the City's Historic
Prooerties Database and which are not located in the National Register
District are eligible for the following design bonuses:
* * *
C. Develooments which are located in the National Register District shall not be
eligible for the design bonuses as set forth above in suboaragraoh B: rather. they
shall be eligible for the following design bonuses:
ADDITIONS
TO EXIST.
L Arcades - including oublic oedestrian access. X X 0.025 oer 250
accommodation of activities. linkage in circulation sa.ft. of
oattern. relationshio to architectural and urban arcade. Shall
design features. shading. cooling and orotective not exceed
effect. relationshio to oublic and orivate soaces. !U
accessi bilitv and usa bili tv. Bon us a vaila ble in
MXE and commercial zoning districts only.
2. Ooen Soace - areas shall be ooen from ground to X 0.05 for
the sky. For the ourooses of calculating this every 10%
bonus. Ooen Soace shall be defined as the ooen that
area that exceeds the minimum area resulting from exceeds
reauired setbacks. the area
resulting
from the
reauired
setbacks.
Shall not
exceed
!U
3. Parking - access to oarking via the Alley or side X 0.50
Street so that the Front Yard has no visible
driveway or oarking soaces. Building access from
the Front Yard shall be at Grade. consistent with
neighboring Historic Buildings.
X !U
4. Front Dorch - the Dorch shall be continuous and
comorise at least 75% of Lot Width and not exceed
four (4) feet above Grade. This bonus aoolies to
Buildings in the MXE and CD-3 zoning districts
only.
i. 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 oarked vehicles
and oarking areas from oublic view.
5
6.
Use of historic building materials such as
keystone. oolitic limestone. vitrolite. and
decorative terrazzo on new Buildings to better
achieve compatibility.
x
L
Door and Window Alignment - Doors and windows
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 reauired
for review of this bonus.
x
8.
Secretary of the Interior Certification - the
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.
x
9.
Replication of Missing Historic Architectural
and/or Decorative Elements - exact replication
based on photographs. architectural plans or other
definitive documentation of architectural and
decorative elements which are missing or
destroyed (existing elements are reauired to be
repaired). Such elements include (but are not
limited to) Balcony railings. balustrades. towers.
bas-relief panels. door/windows surrounds.
cornices. light fixtures. fireplaces and terrazzo
floors.
x
ill.
Restoration of Artwork - existing fine art
elements such as murals. sculptures and stained
glass are restored by aualified experts.
x
lL.
Replication of original Building Sign(s) -
replication based on photographs or architectural
plans of the Building's original Sign (if sign is
existing. restoration is a reauirement). This bonus
would reauire the original Building name to be
retained.
x
12
Use of accurate period furniture in the lobby and
pu blic rooms.
x
6
0.025 for
each 25 sa.ft.
of material.
Bon us
shall not
exceed
QJ.
0.25
QJ.
0.1 for
each $10.000
of
restor-
a tion cost.
Bonus
shall not
exceed
0.5
0.1 for
each $10.000
of restor-
a tion cost.
Bonus
shall not
exceed 0.3
0.025 for
painted
Signs:
0.050 for
Flat
neon.
metal or
masonry
letters:
0.075 for
three-
dimen-
sional
neon.
metal or
masonry
Signs.
QJ.
> . ...............===== ..~...... .............. >> ..... ........................ ................... .......
.JNlJShAIlIIlII > At' IL ................ > ........
....... ........./ .......... // > ............
........ >
>> <>
>......... ...................... ............. ........ .........> ......... ADDITIONS .......
........>> .................... .................... ........ >> > ........ ......... ......... ......... NEW ...~ INI >
> ........ >> i CONSTR. [<lE;XIST.
> ........
................................... >......
li 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 reauired
Historic Building in or outside of a locallv parking
designated Historic District or the Architectural provided (not
District. then this bonus is not applicable. including
credits).
~ Hotel amenities - provision of meeting rooms. X X 0.025 per
conference rooms and assemblv rooms. Available 500 s.L
to Hotels and Apartment Hotels that have a of pu blic
minimum of 50% of the total number of units as meeting
Hotel Units. space.
Bonus
shall not
exceed
Q.J.
li. Recreational amenities - provision of indoor gvm. X X 0.025 per
indoor/outdoor jacuzzi. swimming pool or similar feature.
feature. Court games and partv rooms not Bonus
included. shall not
exceed
Q.J.
12:. Roof Surface - improvement of roof surfaces X X 0.025 per 20%
visible to neighboring properties bv use of decking of roof
and roof landscaping. trea ted.
Bonus shall
not exceed
Ql
lL. Xeriscape - use of xeriscape landscape techniaues X X Q.J.
in at least 50% of landscaped area.
18.:. Allev Improvements - resurfacing and lighting in X X 0.25
accordance with the specifications of the Citv's
Public Works Department and Police Crime
Prevention Unit. CPTED (Crime Prevention
Through Environmental Design) standards shall be
applied to the entire structure.
12:. Public Art - providing examples of art on private X X Q.J.
propertv. visible from the public right-of-wav.
The art shall not negativelv impact the historic
structure. The appropriateness of the art shall be
determined bv the Dade Countv Art in Public
Spaces Trust. The art shall cost a minimum of 1 %
of the construction cost or $25.000. whichever is
grea ter. This provision does not include fountains.
7
Multi-familv Units - orovision of units exceeding
the minimum/average unit size reauired bv the
Zoning Ordinance.
NEW
~ONSTR,
X
ADDITIONS
TO EXIST,
X
20.
0.05 oer
each 10%
the orooosed
average
unit
exceeds the
average
size
reauired
bv the
Zoning
Ordinance
Bon us
shall not
exceed
0.35 - (See
Chart.)
New Construction
Avg. Unit Size (sa.ft.) 800 880 960 1040 1120 1200 1280 .lliQ
Bonus Q. 0.05 0.10 0.15 0.20 0.25 0.30 0.35
Rehabilitation
Avg. Unit Size (sa.ft.) 550 615 670 725 780 835 890 945
Bonus Q 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
* * *
lQ.. Revisions to oreviouslv aooroved olans shall reauire a fee of $25.00 for
reviews conducted bv staff and one-half (I/2) of the original fee for
olans which were aooroved bv the Board.
ll... Aooeal of a staff decision to the Board shall reauire a fee of $25.00 and
an aooeal of a Board decision to the City Commission shall reauire a fee
of one-half (I/2) of the original aoolication fee. The fee shall be
refunded if the aoolicant orevails in the aooeal.
* * *
8
SECTION 7. That Subsection 19-5,C of Zoning Ordinance No. 89-2665 entitled "Historic
Preservation Designation" is hereby amended as follows:
19-5 DESIGN A TION OF HISTORIC PRESER V A TION 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, MW
constnlOtion, .A.Iteration, signag@, repair, or other physical .A.It@ration or
D@v@lopm@nt 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
Preserva tion designa tion for the proposed Site; and such
Certificate of Appropriateness has been issued under the
provisions of Section 19-6. and the .A.pplicant has submitted a
co'/@nant rl:lnning '.'lith the land binding him to comply 'l/ith all
terms and conditions of the Certifieate of J'.ppropriateness, which
will beoome 'loid should the City Commission deny the
designa tion.
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 /
CERTIFICA TE OF APPROPRIATENESS FOR DEMOLITION
* * *
D. Soecial Review Procedure
For minor work. associated with single familv homes. that is visible from a
oublic 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 reoresentative. uoon
the written authorization of the Chairoerson of the Historic Preservation Board.
shall have the authority to aoorove. aoorove with conditions or deny an
aoolication on behalf of the Board. The Director's decision shall be based uoon
the criteria listed in Section 19-6. Anv aooeal of the Historic Preservation and
Urban Design Director's decision shall be considered by the Board at the next
regular meeting date.
9
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 PRESER V A TION 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 aooroval 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.
18th day of July
This Ordinance shall take effect on the
,1992.
PASSED and ADOPTED this
1992.
day of
MAYOR
ATTEST:
~~~..
CITY CLERK
1st reading 6/17/92
2nd reading 7/8/92
rev. April 28, 1992
DJG/JGG
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FORM APPROVED
LEGAL DEPT.
,
8v 5~i<~
Date 7'- 7 - '1:;;-
10
CITY OF
MIAMI
BEACH
C:TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH ~LOPIDA 33' 39
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: June 11, 1992
FROM:
Roger M. Cartt11 A A j fJ ;j
City Manager ~fl/~'L(jtWt.::::::
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,
Board approved
requested the
accordingly.
1991 and January 2, 1992, the Historic Preservation
the concepts as presented in this memorandum and
Planning Board to amend the Zoning Ordinance
Planninq 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.
42
AGENDA
ITEM
R-S~b
1-2 -C] 2-
DATE
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 REOUEST
I. 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.
BacJtqround
At the June 6, 1991 meeting of the Historic Preservation
Board, the Chair appointed a subcommittee to study Section 6-
~4, Schedule of Design Bonuses, of the zoning Ordinance. At
l.ts 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~
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
permi tted in the Archi tectural 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-l 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 BOT 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.
41
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 followinq 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 prOV1S1on 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.
4S
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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