HomeMy WebLinkAbout2005-25901 Reso
RESOLUTION NO.
2005-25901
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PRELIMINARY PUBLIC HEARING PURSUANT TO CITY CODE
SECTION 118-705, EVALUATING THE MERITS OF THE PROPOSED
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT,
AND DIRECTING THE PLANNING DEPARTMENT TO CONTINUE THE
NCD DESIGNATION PROCESS AND IMPOSING THE TEMPORARY
DEVELOPMENT REVIEW CONTROLS PURSUANT TO CITY CODE
SECTION 118-708.
WHEREAS, the City Commission at its April 14, 2004, meeting discussed the
area between 12th and 17th Streets, west of Alton Road, relative to traffic congestion
and the scale and character of redevelopment and requested that the Historic
Preservation Board review the "Gilbert Fein" Neighborhood relative to possible historic
district designation; and
WHEREAS, demolition permits for three of the four existing structures located on
the water front sites within the potential district were obtained in May of 2004, in
conjunction with a proposed development project that was subsequently approved by
the Design Review Board on July 20,2004; and
WHEREAS, the Historic Preservation Board at its June 8,2004, meeting initiated
zoning in progress relative to further demolition within the proposed historic district by
directing staff to commence preparation of a local Historic District Preliminary
Evaluation, but following public comment, requested that staff defer the Board's formal
consideration until after the City Commission had adopted a Neighborhood Conservation
District (NCD) enabling ordinance; and
WHEREAS, the City Commission, based on recommendations from the
Planning Board, Historic Preservation Board, Design Review Board and Planning
Department, after discussions with the Community, adopted a NCD enabling ordinance
addressing the unique planning issues impacting this and other potential NCD overlay
districts citywide; and
WHEREAS, the Historic Preservation Board in further considering the codified
overlay district options available, formally initiated the process toward adopting a
proposed Gilbert M. Fein Neighborhood Conservation District in accordance with Section
118-705 (a)(1) of the NCD enabling ordinance at a publicly noticed Community
Workshop held December 6, 2004; and
WHEREAS, at this workshop the Historic Preservation Board chose not to
rescind its previous direction to staff to continue the consideration of a possible Historic
District until after the City Commission held its Preliminary Public Hearing to review the
merits of the proposed NCD; and
WHEREAS, in accordance with Miami Beach City Code section 118-705(b)(1),
the City Commission approved Resolution No. 2005-25865, on April 20, 2005, thereby
setting a preliminary public hearing for May 18, 2005, in order to consider the benefits of
the proposed NCD and determine whether to continue the NCD designation process;
and
WHEREAS, City Code section 118-708(a) states that: "Following the preliminary
review public hearing, a referral by the City Commission to the Planning Department to
pursue a proposed NCD designation shall impose the requirement that all applications
and/ or requests for design and/ or development review approval within a proposed NCD
shall be consistent with the character and intent of the proposed NCD... "; and
WHEREAS, the cohesive as-built character of the proposed district remains
entirely intact without the creation of vacant lots and therefore warrants the
Administration to recommend the imposition of interim controls consistent with the draft
Gilbert M. Fein NCD District Ordinance, dated February 8, 2005, and in particular the
criteria relative to the demolition of existing structures as identified on page 22, which
states, "Demolition of existing structures is permitted. However, permits for demolition
may only be issued after the Design Review Board or Planning Department staff issues
a Certificate of Compliance (COC) for redevelopment, and after the Building Department
issues a building permit for the redevelopment"; and
WHEREAS, zoning in progress relative to a local historic district designation will
expire on June 8, 2005.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Planning
Department is directed to continue the NCD designation process in accordance with City
Code section 118-705(b)(3), and that the draft Gilbert M. Fein NCD plan shall be
completed in collaboration with the property owners, and that pursuant to City Code
section 118-708, all development review applications shall be consistent with the draft
NCD District Ordinance, dated February 8, 2005, for a period of six months from the
date of this resolution. This shall also include permits for demolition, which may only be
issued after the Design Review Board or Planning Department staff issues a Certificate
of Compliance (COC) for redevelopment, and after the Building Department issues a
building permit for the redevelopment in order to ensure that premature loss to the
existing neighborhood character does not occur during the remainder of the adoption
process.
PASSED and ADOPTED this l.8.thdayof Ma
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City Clerk
Robert Parcher
-APPROVED'ASfo
FORM & LANGUAGE
& FOR EXECUTION
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Date
F:IPLANI$ALLIWest_Ave_Bay-FrontIGM FEIN Neighborhood Conservation DistrictlPreliminary EvaluationlPrelim. Reso..doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lQ
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, following a duly noticed
Preliminary Public Hearing, evaluating the merits of the proposed Gilbert M. Fein Neighborhood
Conservation District and directing the Planning Department to continue the NCD designation process and
impose the temporary development review controls pursuant to Code Section 118-708.
Issue:
Shall the Mayor and City Commission approve the resolution directing the Planning Department to continue
the designation process?
Item Summary/Recommendation:
Pursuant to City Code section 118-705(b )(3), regarding the procedures for adopting specific NCD overlay
districts, following the preliminary public hearing at which the merits of the proposed Gilbert M. Fein NCD
will be evaluated, the City Commission shall determine whether to continue the NCD designation process.
Based on the background analysis and preliminary evaluation criteria enumerated in the following
Commission Memorandum and NCD report, the Administration believes that the parameters for future
medium intensity (RM-2) residential redevelopment within the existing cohesive, low-scale neighborhood
located along the narrow cuI de sac streets of Lincoln Terrace and 16 h Street to be worthy of refinement.
Therefore, the Administration recommends approving the resolution to continue finalizing the NCD
designation process, and imposing the temporary development review controls pursuant to 118-708 in
order to ensure that premature loss to the original planned unit development does not occur during the
remainder of the adoption process.
Advisory Board Recommendation:
The Historic Preservation Board formally initiated the NCD adoption process regarding the proposed
district at a legally noticed Community Workshop held December 6, 2004.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin :
Jorge G. Gomez, Planning Director/ Reuben N. Caldwell, Senior Planner
City Manager
AGENDA ITEM
DATE
1~ID
5"-I~ ~S-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: May 18, 2005
Members of the City Commission
Jorge M. Gonzalez l ,. ~
City Manager ##7J
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PRELIMINARY
PUBLIC HEARING PURSUANT TO CITY CODE SECTION 118-705,
EVALUATING THE MERITS OF THE PROPOSED GILBERT M. FEIN
NEIGHBORHOOD CONSERVATION DISTRICT, AND DIRECTING THE
PLANNING DEPARTMENT TO CONTINUE THE NCD DESIGNATION
PROCESS AND IMPOSING THE TEMPORARY DEVELOPMENT REVIEW
CONTROLS PURSUANT TO CITY CODE SECTION 118-708.
ADMINISTRATION RECOMMENDATION
The Administration requests that the City Commission direct the Planning Department to
continue its finalization of the proposed Gilbert M. Fein NCD.
BACKGROUND ANALYSIS
The proposed district, as previously discussed by the City Commission and Historic
Preservation Board, is generally bounded by the center line of Bay Road to the east, the
bulkhead line of Biscayne Bay to the west, the northern lot lines of the northern properties
fronting Lincoln Terrace to the north, and the southern lot lines of the southern properties
fronting 16th Street to the south.
The preliminary evaluation of an NCD generally involves the review of only the conceptual
merits of a proposed designation. However, the process which has transpired relative to
the "Gilbert Fein" district has been an unfolding one, involving a working dialog with the
Community with regard to the degree of transformation that may occur within the existing
low-scale planned unit enclave as a result of its current medium intensity (RM-2) zoning.
The outcome necessitated the formalization of a new .'form based" overlay district
technique for the City and required that much of the specific content of this particular NCD
be developed prior to the City Commission's preliminary public hearing. In addition, the
urgency to identify the specific details of the NCD was often at the request of members of
the Community and the Historic Preservation Board in order to assist them in determining
how the neighborhood planning tool might best serve the concerns of the various resident
interests.
Therefore, the Administration is pleased to attach, as thorough clarification of the
background and intent of this district plan, a draft of the proposed Gilbert M. Fein
Neighborhood Conservation District Designation Report, District Ordinance and
City Commission Memorandum
Setting A Preliminary Evaluation Public Hearing Regarding The Proposed Gilbert M. Fein Neighborhood
Conservation District
April 20, 2005
Page 2
Streetscape Improvement Plan as presented to the Historic Preservation Board on
February 8, 2005, and most recently included with the exhibits submitted to the City
Commission for the April 20, 2005, request to set the preliminary public hearing.
PRELIMINARY EVALUATION
As described in the executive summary of the draft NCD report, this residential
neighborhood has been of particular Community interest because of the high level of
uncertainty regarding its potential for redevelopment. In this regard, the purpose of
establishing the Gilbert M. Fein Neighborhood Conservation District will be to ensure that
future redevelopment within the 16th Street-end and Lincoln Terrace neighborhood
enhances the existing residential experience of the narrow cui de sac streets by embracing
the fundamental planning facets of this unique mid-century, planned unit enclave. As
enumerated on page 8, of the draft NCD designation report, new construction projects
should strive to achieve the following objectives:
1) Preserve the street scale on both Lincoln Terrace and 16th Street to the greatest extent
possible without seriously diminishing the existing property rights.
2) Maintain and enhance the property values of adjacent structures through sympathetic
redevelopment scenarios which do not necessitate speculative wholesale demolition.
3) Preserve the sense of meaningful neighborhood space between the existing buildings to the
greatest extent possible.
4) Concentrate maximum new building height on the waterfront lots to the south to the greatest
extent possible.
5) Create and enhance physical and visual access from Lincoln Terrace and 16th Street to the
Biscayne Bay front.
6) Enhance the public rights-of-way for both 16th Street and Lincoln Terrace by facilitating the
creation of a high quality landscaped pedestrian friendly neighborhood environment through
the formalization of a significant street parking plan that may incorporate a limited amount of
private land with the property owner's approval.
In achieving the objectives of this NCD, the effect of the proposed Gilbert M. Fein district
designation will be to:
1) Create an illustrative neighborhood master plan to accurately inform and streamline the
development review process with regard to neighborhood redevelopment and improvement
projects.
2) Modify certain aspects of the existing RM-2 zoning regulations through the NCD overlay to
better address the existing conditions.
3) Enact district specific design guidelines to maintain the special close-knit character of the
enclave and enhance the overall streetscape character.
City Commission Memorandum
Setting A Preliminary Evaluation Public Hearing Regarding The Proposed Gilbert M. Fein Neighborhood
Conservation District
April 20, 2005
Page 3
Finally, because the cohesive as-built character of the proposed district currently remains
entirely intact without any vacant lots, and the objectives of the proposed NCD seek to
maintain and enhance the property values of adjacent structures through sympathetic
redevelopment scenarios which do not necessitate speculative wholesale demolition of
structures, the Administration recommends that all development review applications be
consistent with the draft NCD District Ordinance for a period of six months in accordance
with City Code section 118-708 ofthe enabling ordinance. This will ensure that premature
loss to the existing neighborhood character does not occur during the remainder of the
adoption process by including permits for demolition, which should only be issued after
the Design Review Board or Planning Department staff issues a Certificate of Compliance
(COC) for redevelopment, and after the Building Department issues a building permit for
the redevelopment.
HISTORIC PRESERVATION BOARD ACTION
In accordance with City Code section 118-705(a)(1), the Historic Preservation Board
formally initiated the NCD adoption process regarding the proposed district at a legally
noticed Community Workshop held December 6, 2004, and chose not to rescind its
previous direction to staff to continue the consideration of a possible local Historic District
until after the City Commission held its Preliminary Public Hearing relative to the creation of
an NCD. A memorandum summary and findings from this Community Workshop
substantiating the Board's actions have been included herein.
CITY COMMISSION ACTION
In accordance with City Code section 118-705(b)(1), the City Commission approved
Resolution No. 2005-25865, on April 20, 2005, thereby setting the May 18, 2005,
preliminary public hearing.
CONCLUSION
In accordance with City Code section 118-705(b)(3), if the City Commission chooses to
continue the NCD process, it shall direct the Planning Department to prepare a draft
neighborhood conservation district plan and development regulations in collaboration with
the property owners from the neighborhood. A resolution formally requesting this City
Commission action has been included herein.
Attachments:
JMGITH/JGGIWHC/RNC
F:\PLAN\$ALL\West_Ave_BaLFront\GM FEIN Neighborhood Conservation District\Preliminary Public Hearing\GMF NCD 05.18.05 Prelim Request Memo.doc
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
Interoffice Memorandum
m
To:
HISTORIC PRESERVATION BOARD
Date: February 8, 2005
From:
Jorge G. Gomez, AICP
Planning Director
Subject: Gilbert M. Fein Neighborhood
Historic Preservation Board Community Workshop Summary and Findings
December 6, 2004
Attendance
Board Attendance:
Mitch Novick, Chairperson
Dr. Judith Berson-Levinson
Allan Hall
Carie Penabad
Staff Attendance:
Planning Department - Jorge Gomez, William Cary, Thomas Mooney, Reuben Caldwell
Public Works Department - Mike Alvarez
Parking Department - Chuck Adams
City Attorney's Office -Gary Held
Meetina Summary
A legally noticed workshop of the Historic Preservation Board (HPB) was held on December 6,
2004, in the City Commission Chambers of City Hall at 6:30 pm. The workshop was convened at
6:45pm and approximately (15) attendees including residents, property owners and stakeholders
from the area were present in addition to the above noted Historic Preservation Board members and
City staff.
As previously discussed by the City Commission and Historic Preservation Board, the proposed
area is generally bounded by the center line of Bay Road to the east, the bulkhead line of Biscayne
Bay to the west, the northern lot lines of the northern properties fronting Lincoln Terrace to the north,
and the southern lot lines of the southern properties fronting 16th Street to the south.
The workshop began with a presentation by Planning Department staff describing the process to
date and delineating the three primary neighborhood planning scenarios potentially affecting the
area's growth. These scenarios included a description of the existing "As of Right "(RM-2)
underlying zoning, the proposed "Historic Preservation" (HPD) overlay district and the potential
"Neighborhood Conservation "(NCD) overlay district. Each of the options were discussed in terms of
their potential effect on the existing cohesive low-scale neighborhood and following the Power Point
Presentation, the Board heard Public comment and discussed whether to continue the Historic
District Designation process and! or initiate the Neighborhood Conservation District process as
adopted by the City Commission in September, 2004.
Several desired neighborhood objectives, initially developed through the consensus viewpoint from
two previous public workshops sponsored by the Planning Department with the neighborhood, were
Gilbert M. Fein Neighborhood
Historic Preservation Board Community Workshop Summary and Findings
December 6, 2004
Page 2
outlined during the presentation as follows:
1) Preserve the street scale on both Lincoln Terrace and 16th Street to the greatest extent possible
without seriously diminishing the existing property rights.
2) Preserve the sense of meaningful neighborhood space between the existing buildings to the
greatest extent possible.
3) Create and enhance physical and visual access from Lincoln Terrace and 16th Street to the Bay
front.
4) Concentrate maximum new building height on the waterfront lots to the south to the greatest
extent possible.
5) Enhance the public rights-or-way for both 16th Street and Lincoln Terrace by facilitating the
creation of a quality landscaped pedestrian friendly neighborhood environment through the
formalization of a significant street parking plan that may incorporate a limited amount of private
land with the property owner's approval.
Staff also reviewed the salient benefits of a Historic Preservation District for the area which would
call for the retention and restoration of existing structures which would accommodate single story
rooftop additions to existing structures, and allow properties to participate in the City's parking
impact fee program toward waiving off-street parking requirements as well the ability of properties to
apply for Federal Historic Preservation Tax Credit and participate in the Miami-Dade County Ad
Valorem Tax Abatement Program.
Public Comment
Following the presentation, the accompanying public comment was made:
1) Greg Anderson, a property owner residing at 1621 Bay Road, directly adjacent to the subject
district, stated that having attended all of the community workshops, he desired to see some
sort of "planned progress" and believed that the HPB should instate either a Historic District
or an NCD.
2) Arthur Marcus, a property owner residing at 1450 Lincoln Road, directly adjacent to the
subject district, concurred with Mr. Anderson's comments and further stated that he
preferred the NCD approach because it would be less restrictive while protecting the
character of the neighborhood "ensemble".
3) Kent Harrison Robbins Esq., representing the owners of 1451 and 1471 Lincoln Terrace,
stated that while his clients generally support the concept of an NCD, they do have concems
relative to the impact that an NCD such as that presented in the draft NCD report of March
2004 will have on redevelopment vs. the existing RM-2 "As of Right" redevelopment scenario
and whether the NCD provisions will allow adequate off-street parking. Staff advised that
preliminary evaluation has been done relative to parking options in an NCD and such
information will be provided at the time that a draft plan is presented to the HPB.
4) Michael Larkin Esq., representing the developers of the Capri on the Bay project (1491-92
Lincoln Terrace and1470 16th Street) stated that his clients strongly support the creation of
an NCD and that the Planning Department should be allowed to continue preparation of its
Gilbert M. Fein Neighborhood
Historic Preservation Board Community Workshop Summary and Findings
December 6, 2004
Page 3
plan.
5) Jose Zaldivar, a property owner and resident at 1451 Lincoln Terrace, within the proposed
district, stated that he is in favor of an NCD and not an HPD.
Board Discussion and Direction
Chairperson, Mitch Novick then requested a straw pole vote of those present to determine support
for either an NCD or an HPD or no change to the underlying RM-2 zoning. The vote tally was as
follows:
NCD overlay - (12) in favor, (8) of which were area residents
HPD overlay - (3) in favor
RM-2 wi no overlay - (O) in favor
Further Board comments included:
Allan Hall stated that while he was concerned with the specifics of an NCD and would like to see
staff's draft NCD report he would entertain a motion to initiate and continue the NCD process.
Mitch Novick asked for further clarification of the off-street parking standards that might apply to the
NCD and how the effect of the standards might impact the FAR and building massing envelope.
Carie Penabad stated if an NCD was pursued she would want to see the NCD plan designed to
address the existing "grain "or pattern of platting; ensuring that lot aggregation address the rhythm of
existing buildings along the street.
Judith Berson stated that she would prefer a different name for the NCD and that the name of an
individual should not be tied to this neighborhood. William Cary advised the HPB that alternate
names could discussed.
Board Motion
A Motion was made by Allan Hall to initiate the NCD process and further request that staff review the
NCD report with the Board prior to a Preliminary Evaluation Hearing of the proposed NCD by the
City Commission. The Motion was seconded by Mitch Novick and passed (4-0),3 absent - Beth
Dunlop, Randall Robinson and William Taylor.
The Board further discussed the current "zoning in progress" relative to the evaluation of an Historic
District and chose not to rescind its previous direction to staff to continue the consideration of a
possible Historic District until after the City Commission held its Preliminary Public Hearing to review
the proposed NCD.
The workshop was adjourned at 8:39pm
Jgg:whc:rnc
F:\PLAN\$HPB\Gilbert M. Fein\Summary 12.06.04 Workshop.doc
m
CITY OF MIAMI BEACH
NOTICE OF PRELIMINARY PUBLIC HEARING
PROPOSED GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
NOTICE IS HEREBY GIVEN, that a preliminary public
hearing pursuant to Code Section 118-705 will be held
by the Mayor and City Commission of the City of
Miami Beach, Florida, on Wednesday. Mav 18. 2005.
at 5:15 p.m.. or as soon thereafter as possible. in
the City Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach,
Florida.
At this preliminary public hearing the City
Commission will evaluate the merits of the
proposed Gilbert M. Fein Neighborhood
Conservation District and determine whether to
continue the designation process.
As previously discussed with the Community, the City
Commission and the Historic Preservation Board, the
general purpose of the proposed district will be to
refine the parameters for redevelopment and
streetscape improvements within the area generally
bounded by the center line of Bay Road to the east,
the bulkhead line of Biscayne Bay to the west, the
northern lot lines of the northern properties fronting
Lincoln Terrace to the north, and the southern lot lines
of the southern properties fronting 16th Street to the
south. The properties which may be included in the
proposed district are shown on the map in this
advertisement.
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All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed
to the Miami Beach City Commission c/o the City Clerk, 1700 Convention Center Drive, First Floor, City Hall, Miami Beach,
Florida 33139.
All related materials regarding the proposed Neighborhood Conservation District are available for public inspection during
normal business hours in the City Clerk's Office. Inquiries may be directed to the Planning Department at (305) 673-7550. The
hearing on this preliminary evaluation and recommendation may be continued at this meeting and, under such circumstances,
additional legal notice would not be provided. Any person may contact the City Clerk's Office at (305) 673-7411 for information
as to the status of the preliminary evaluation and recommendation as a result of the meeting.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: If a person decides to appeal any decision
made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must insure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. This notice does not constitute consent by the City of the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities,
and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-
2489 (voice) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call711 (Florida Relay
Service).
PROCEDURES FOR ADOPTION OF A NEIGHBORHOOD CONSERVATION DISTRICT
September 8. 2004
(l ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - -' REQUESTS
CITY COMMISSION
APPLICATION REQUESTS MAY BE
INITIATED BY ANY OF THE
FOLLOWING
NEIGHBORHOOD MAJORITY PETITION
DESIGN REVIEW BOARD
HISTORIC PRESERVATION BOARD
(2) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -PRELIMINARY REVIEW
PLANNING BOARD
CllY MANAGER
REQUEST MEMO TO COMMISSION WITH
PRELIMINARY EVALUATION AND
RECOMMENDATION PREPARED BY PLANNING
DEPARMENT STAFF
MAILED NOTIFICATION OF
PUBLIC HEARING TO ALL
PROPERlY OWNERS IN
POTENTIAL NCD AREA AS WELL
AS ALL PROPERlY OWNERS
WITHIN 37S FT. RADIUS OF
AREA.
(3)-------------------------------------- _______________________PLANPREPARATION
PRELIMINARY PUBLIC HEARING
BEFORE THE CllY COMMISSION
TO CONSIDER THE MERITS OF
THE PROPOSAL
IF DIRECTED BY THE CllY
COMMISSION, THE PLANNING
DEPARTMENT PREPARES NCD PLAN
WITH APPROPRIATE REGULATIONS
AND GUIDELINES
(4) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -DRB DISCUSSION
(5)______________________________________
NCD GREATER THAN 10 ACRES
NEWSPAPER ADVERTISEMENT AND
MAILED NOTIFICATION TO ALL
PROPERlY OWNERS WITHIN DISTRICT
AS WUL AS TO ALL PROPERlY
OWNERS WITHIN 37S FT. RADIUS OF
PROPOSED DISTRICT; ALSO
COURTESY EMAIL OR FAX TO ALL
INTERESTED PARTIES.
NEWSPAPER ADVERTISEMENT AND
MAILED NOTIFICATION TO ALL
PROPERlY OWNERS WITHIN DISTRICT
AS WELL AS TO ALL PROPERlY
OWNERS WITHIN 37S FT. RADIUS OF
PROPOSED DISTRICT; ALSO
COURTESY EMAIL OR FAX TO ALL
INTERESTED PARTIES. REQUIRES TWO
CllY COMMISSION PUBLIC HEARINGS.
NEWSPAPER ADVERTISED PUBLIC
HEARING; ALSO COURTESY EMAIL OR
FAX TO ALL INTERESTEO PARTIES.
FIRST READING
BY CITY
COMMISSION
SECOND READING PUBLIC
HEARING BY
CllY COMMISSION - FINAL
ADOPTION OF NCD REQUIRES
5/7THS VOTE
NEWSPAPER ADVERTISED PUBLIC
HEARING; ALSO COURTESY
EMAIL OR FAX TO ALL
INTERESTED PARTIES.
FINAL ADOPTION
NCD LfSS THAN 10 ACRES
NEWSPAPER ADVERTISEMENT AND
MAILED NOTIFICATION TO ALL
PROPERlY OWNERS WITHIN DISTRICT
AS WELL AS TO ALL PROPERlY
OWNERS WITHIN 37S FT. RADIUS OF
PROPOSED DISTRICT; ALSO
COURTESY EMAIL OR FAX TO ALL
INTERESTED PARTIES.
NEWSPAPER ADVERTISEMENT AND
MAILED NOTIFICATION TO ALL
PROPERlY OWNERS WITHIN DISTRICT
AS WELL AS TO ALL PROPERlY
OWNERS WITHIN 37S FT. RADIUS OF
PROPOSED DISTRICT; ALSO
COURTESY EMAIL OR FAX TO ALL
INTERESTED PARTIES.
CITY COMMISSION MAY ADOPT NeD
AFTER ONE PUBLIC HEARING.
NEWSPAPER ADVERTISED PUBlIC
HEARING; ALSO COURTESY EMAIL OR
FAX TO ALL INTERESTED PARTIES.
Proposed
l>~~1"
Gilbert M. Fein
Neighborhood Conservation District
Architect's rendering of the Lincoln Terrace Villas
Miami Daily News
April 24, 1950
DESIGNATION REPORT
DISTRICT ORDINANCE
STREETSCAPE IMPROVEMENT PLAN
Prepared by
The City of Miami Beach Planning Department
2005
GILBERT M. FEIN
NEIGHBORHOOD CONSERVATION DISTRICT
CITY OF MIAMI BEACH
TABLE OF CONTENTS
I. EXECUTIVE SUMMARy......................................................... ...............3
II. DESIGNATION REPORT......... .................. ... .................. ............... ... ......8
STATEMENT OF INTENT
OBJECTIVES
EFFECT OF DISTRICT DESIGNATION
BOUNDARY DESCRIPTION
QUALIFICATION
III. DISTRICT ORDINANCE... ............... ...... ...... ......... ............... ............... ..18
BUILDING ADDITION, RENOVATION AND REPLACEMENT REGULATIONS
LAND USE REGULATIONS
LAND DEVELOPMENT REGULATIONS
SUPPLEMENTARY DISTRICT REGULATIONS
OFF-STREET PARKING REGULATIONS
CONSERVATION OF VIEW CORRIDORS
CONSERVATION OF CUL DE SAC STREET PLAN
IV. STREETSCAPE IMPROVEMENT PLAN................................................. .30
SUMMARY OF PLANNING ACTIVITIES
CURRENT CONDITIONS, PURPOSE AND SCOPE
ANALYSIS AND RECOMMENDATIONS
STATEMENT OF INTENT REGARDING TRAFFIC CONCURRENCY MITIGATION FEES
AND PARKING IMPACT FEES
V. FIGURE INDEX
VI. BIBLIOGRAPHY
VII. APPENDICES
PROPERTIES LIST AND PHOTO DOCUMENTATION
PROPERTIES OWNERSHIP AND PARKING ANAYSIS DATA
BUILDING DEPARTMENT PERMIT RECORDS AND DRAWINGS
Executive Summary
Introduction to Neiahborhood Conservation Districts
Neighborhood Conservation Districts or NCDs were first initiated in the United States in 1975 and
have become increasingly utilized as an overlay district technique in cities throughout the country.
NCDs are often proposed for neighborhoods that are experiencing redevelopment pressure or where
some rehabilitation and new infill construction may have already taken place.
NCD regulations are generally more flexible than those in local historic districts. Their purpose is to
protect an area from inappropriate development by refining development regulations with regard to
the form and massing of new construction. The design of additions and alterations to existing
structures as well as limited protection from demolition may also be involved in an NCD designation.
In essence, regulations are customized to address neighborhood needs.
The City of Miami Beach recently adopted a Neighborhood Conservation District enabling ordinance
in 2004 and is exploring the creation of several NCDs throughout the city.
Backaround to the Bav Front Cui De Sac Study
In 2001, the Planning Department began to focus on that area of 'South Beach' west of Alton Road
due to the intense urban conditions beginning to unfold as a result of a sharp residential construction
boom. Of particular concern was the pace and character of redevelopment as well as its impact on
traffic congestion and parking within the area.
In particular, the low scale neighborhoods west of Alton Road between 14th Street and Lincoln Road
were becoming seriously impacted by new high rise development projects such as the Grand
Flamingo at 1500 Bay Road and The Waverly at 1330 West Avenue; both 35 stories in height and
offering a high-end luxury product that challenges the affordable economic viability and intimate
pedestrian scale of the neighboring one and two story single-family and apartment structures in the
area.
In an effort to begin engaging the public, the Planning Department sponsored a community workshop
in December of 2001 at which several planning strategies were discussed and ranked in terms of
resident interest. These strategies included creating overlay districts to foster the retention of lower
scale existing structures through land use incentives such as Bed & Breakfast Inns and Residential
Offices, as well as conservation and preservation overlays in areas which retained a high level of
cohesiveness,such as the bay front cuI de sac neighborhood of Lincoln Terrace and 16th Street.
This residential neighborhood fronting the 16th Street and Lincoln Terrace cul-de-sac street-ends,
between Bay Road and Biscayne Bay was of particular interest because of the high level of
uncertainty regarding its potential for redevelopment. Currently zoned at multi-family medium
intensity (RM-2) which allows for waterfront structures to rise between 100 and 140 feet in height with
a maximum FAR of 2.0, the ownership patterns of the subject blocks of two story buildings are
primarily rental based, therefore transient in occupancy and easily susceptible to market driven
redevelopment.
Originally developed in 1950 and arguably one of Miami Beach's earliest Post-War Planned Unit
Developments or PUDs, the Lincoln Terrace Villas, designed by architect, Gilbert M. Fein, remains
intact today as it was first constructed some 50 years ago. The structures of this neighborhood are
extremely cohesive in terms of their size, massing and style. Their significance is also recognizable
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
EXECUTIVE SUMMARY
PAGE 3
in terms of the recent efforts, especially in the 'North Beach' area, by the City to acknowledge its
architectural heritage of Postwar Modern developments, commonly referred to as 'MIMo' (Miami
Modernism). These two blocks in 'South Beach' are unique in that they form a distinct architectural
enclave of two-story 'MIMo' apartment buildings which originally had direct access to the bay front. It
may be observed that aside from those low-scale 'MIMo' properties located along the bay front which
have been up-zoned at the request of their owners, such as those fronting Monad Terrace, or those
enclaves dismantled through the modifications of redevelopment, the Lincoln Terrace and Bay
Lincoln (16th Street) Villas form the only enclave of its type remaining in the 'South Beach' area. It is
for this reason that particular regard should be taken for the degree to which transformation may
occur within this special enclave despite the fact that its significance may not be easily recognizable
based on the chaotic parking conditions presently inflicting the 16th Street and Bay Road area.
As a result of this initial community meeting, neighborhood surveys were completed by the residents
and 71 % of those 44 attendees expressed clear support for the concept of Neighborhood
Conservation Districts in the area. In particular, the findings relative to the bay front cuI de sac
neighborhood, also referred to as the Gilbert Fein District, suggested clear community support for
some level of preservation or conservation of the area. Therefore, staffs report, dated January 22,
2002, to the Planning Board describing the meeting findings, recommended the preparation of a
designation report which at a minimum called for the creation of a Neighborhood Conservation
District or at a maximum a Historic Preservation District, and that the report would be prepared after
receiving comment from those property owners most directly affected by the initiative. The findings
and recommendation of this strategy as well as the report in its entirety were approved by the
Planning Board and staff was then instructed to begin developing the overlay district and meeting
with property owners.
In affirming staffs recommendation to move forward with the study, the Planning Board recognized
the following:
the uniqueness and significance of this early Post War Planned Unit
Development to the urban experience of Miami Beach.
the impending threat to the neighborhood character posed by the burgeoning high-rise
residential development pattern of adjacent bay front properties.
Property Owner Meetinas
Two (2) meetings were held for the property owners in 2003. At these meetings the existing
conditions impacting the area were discussed in terms of potential neighborhood options available
toward maintaining and improving the low-scale character and quality of life within the area. The
neighborhood planning options were presented in terms of their ability to address two main issues
affecting the area; those being the character of recent redevelopment and its dissimilar relationship
to the existing neighborhood and the poor street conditions existing most prominently along 16th
street; both factors contributing to a generally negative perception for the neighborhood.
The first option presented was that of the current RM-2 zoning which was shown to generate a great
deal of uncertainty in terms of what might occur due to the sharp disparity between its potential "as-
of-right" development parameters and the existing neighborhood. Furthermore, it was suggested that
none of the non-waterfront parcels (or dry lots) meet the minimum required square footage for
redevelopment under the RM-2 zoning individually, and only through the assembly of two (2) or more
parcels could redevelopment occur; once again dictating a new building fabric quite different from the
existing consistently low-scale neighborhood.
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
EXECUTIVE SUMMARY
PAGE 4
During these property owner meetings staff presented several views of how the district might
redevelop and although at one point it was suggested that an ideal scenario might call for the total
assembly of all the lots and the complete redevelopment of the area similar to that of the Grand
Flamingo site, it was shown to be evident that redevelopment in Miami Beach rarely occurs on such
a scale in this way primarily due to the high property values attached to individually owned parcels.
Instead, a more incremental assembly of lots occurs and in this instance, even if a developer were to
assemble all of the lots, they would need to vacate the public rights-of-way cui de sac streets in order
to fully reconfigure the neighborhood. This would be extremely difficult given both the municipal and
county regulations in place toward conserving view corridors to Biscayne Bay.
The second approach reviewed was that of Historic Preservation which if adopted would be an
overlay district upon the underlying RM-2 zoning and would ultimately strive to preserve the existing
architectural experience to the greatest extent possible. Federal and County tax credits were
.identified as the incentives to designation and it was pointed out that because much of the
rehabilitation which had occurred within the neighborhood had been faithful to its historic character
and would meet the standards for Historic Preservation, the neighborhood would undoubtedly be
eligible for designation. Of further note was the fact that no major additions had occurred to the
existing structures over the years thus further strengthening the areas historic integrity.
The third and final option explored with the owners was that of Neighborhood Conservation which
like Historic Preservation would entail an overlay district or refinement to the underlying RM-2 zoning.
Its scope and intent, however, would not necessarily be to preserve actual structures but rather to
maintain and enhance certain key elements of the neighborhood's character. These might include
such characteristics as the consistent two story street wall experience of the cuI de sacs or the
shared side courtyards between the existing structures. It was also noted that the potential for
identifying neighborhood streetscape or other neighborhood improvement projects could be blended
into the Neighborhood Conservation District designation.
The Gilbert Fein Neiahborhood Conservation District Steerina Committee
As the Planning Department conducted its meetings with the property owners several residents from
the neighborhood, interested in the study and the significance of the bay front cul-de-sacs, came
forward and requested to take an active role in the study process. To this end, from the property
owner meetings, the effort was then focused at developing an overlay designation at the steering
committee level. Two additional meetings were held during which the parameters of the NCD
designation were developed. The initial findings of the steering committee were as follows:
The existing Bay Front PUD comprises a distinctive enclave of Post War, mid- 20th-
century modern apartment buildings, which were predominately designed by the prolific
Miami Beach architect, Gilbert M. Fein.
The Gilbert M. Fein Bay Front PUD is extremely cohesive in terms of the height, scale,
massing and architectural detail of the structures as well as the open spaces and quality
neighborhood view corridors.
The site planning of the Gilbert M. Fein PUD reflects a unique approach to community
design whereby:
a condition of the City's Zoning Board approval, dated 1950, prohibited additions to
be constructed beyond the existing building lines,
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
EXECUTIVE SUMMARY
PAGE 5
thereby preserving side yards as common and to be shared by adjacent buildings,
yet divided into parcels that remain individually owned and generally platted at the
standard 50 by 100 feet.
The above noted low scale and close-knit design of the enclave has established a
desirable character and quality of life worthy of maintaining along the bay front.
Current zoning reviews cannot address the development impact that new infill
construction will have on the existing character and scale of the original PUD.
Furthermore, the committee found that the major elements of a Gilbert M. Fein Neighborhood
Conservation District overlay should be as follows:
NCD specific zoning regulations, which determine a building footprint for new
construction that is substantially consistent with the standard found in the existing
structures.
The review by the Design Review Board or their staff of landscape design drawings
towards the retention of all shared common side yards.
The review by the Design Review Board or their staff of all new construction, demolition
or alteration that affects architectural features visible from a public right-of-way.
Also, of particular note was the development of certain district specific programming for the bay front
(waterfront) lot assembly where heights could rise significantly greater than the dry lots. Therefore,
the draft NCD guidelines identified the preservation of 1491 Lincoln Terrace, a building designed by
noted Miami Beach architect, Igor Polevitsky, and called for the taller new structures to be located to
the south; closer to the Grand Flamingo site.
The steering committee further embraced the strategy of enhancing the existing parking condition
along 16th Street where the current informal parallel and perpendicular configuration, which does not
meet Municipal or County Code standards exists, and the committee agreed that the street should be
beautified and made legal by employing the concept of a European shared parking court.
Finalization of the Gilbert M. Fein Neiahborhood Conservation District
The aforementioned ideas and other concepts were embraced and included into the first ever
Neighborhood Conservation District report, drafted for review by the City Commission pending their
prior adoption of an NCD enabling ordinance, and while the process may seem to have been long,
this was primarily due to the fact that it involved the creation of a new, consensus driven,
neighborhood planning tool, never before utilized within the City.
Recent DeveloDments
During the period of adoption of the Neighborhood Conservation District enabling ordinance, a
project for the bay front sites was submitted for appro,val by the Design Review Board and in May of
2004, demolition permits for three of the four bay front structures were obtained. A demolition permit
was not pulled for 1491 Lincoln Terrace due to the positive impact of the neighborhood meeting
process and wishes expressed by residents about preserving this structure. Several of the strategies
identified through the draft NCD as well as other elements were addressed within the Development
Review Order of the ORB. These included the restoration of 1491 Lincoln Terrace, subterranean
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
EXECUTIVE SUMMARY
PAGE 6
parking, bay access for the public and an agreement by the developer to implement the much
needed street improvements. The project was approved in July of 2004, and the development
agreement will remain active until January, 2006.
Leaislative Plannina Process Timeline
Finally, as further background toward understanding the evolution of this initiative, a list of the
legislative planning procedures which have occurred to date has been included as follows:
. April 13, 2004
Historic Preservation Board discusses historic designation of
1491 Lincoln Terrace.
. April 14, 2004
City Commission discusses the area between 12th and 17th
Street west of Alton Road and requests that the Historic
Preservation Board review the 'Gilbert Fein' Neighborhood
relative to historic designation.
. May 11, 2004
Historic Preservation Board requests staff to place
consideration of creating a Gilbert Fein Historic District on its
June 8, 2004, agenda.
. May 18, 2004
Proposed 'Capri on the Bay' project is reviewed by the
Design Review Board.
. June 8, 2004
Historic Preservation Board instates zoning in progress
relative to demolition by directing staff to commence
preparation of a Preliminary Evaluation of a local Historic
District but requests that staff defer the Board's formal
consideration until after the City Commission has adopted an
Neighborhood Conservation District enabling ordinance.
. July 20, 2004
Design Review Board approves the 'Capri on the Bay'
project.
. September 8, 2004
City Commission adopts Neighborhood Conservation District
enabling ordinance.
. December 6, 2004
Historic Preservation Board holds a Community Workshop
and directs Planning staff to proceed to the next step by
initiating the Neighborhood Conservation District planning
process.
. February 8, 2005
Planning staff presents the draft of the proposed Gilbert M.
Fein Neighborhood Conservation District Designation Report,
District Ordinance and Streetscape Improvement Plan to the
Historic Preservation Board.
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
EXECUTIVE SUMMARY
PAGE 7
DesiQnation Re~
Statement of Intent
The Intent of this Neighborhood Conservation Designation is to establish a comprehensive series
of protective and incentive legislative elements including zoning overlays, zoning revisions,
design guidelines and other mechanisms provided for the Lincoln Terrace and 16tl1 Street-end
neighborhood of the City of Miami Beach which may be known as the Gilbert M. Fein
Neighborhood Conservation District.
Objectives
The purpose of establishing the Gilbert M. Fein Nei~hborhood Conservation District (NCD-1) is to
ensure that future redevelopment within the 16 h Street-end and Lincoln Terrace planned
residential enclave enhances the existing residential experience of the cuI de sacs by embracing
the fundamental planning facets of this unique planned unit neighborhood. In particular, new
construction projects should strive to achieve the following objectives:
1) Preserve the street scale on both Lincoln Terrace and 16th Street to the greatest extent
possible without seriously diminishing the existing property rights.
2) Maintain and enhance the property values of adjacent structures through sympathetic
redevelopment scenarios which do not necessitate speculative wholesale demolition.
3) Preserve the sense of meaningful neighborhood space between the existing buildings to the
greatest extent possible.
4) Concentrate maximum new building height on the waterfront lots to the south to the greatest
extent possible.
5) Create and enhance physical and visual access from Lincoln Terrace and 16th Street to the
Biscayne Bay front.
6) Enhance the public rights-of-way for both 16th Street and Lincoln Terrace by facilitating the
creation of a high quality landscaped pedestrian friendly neighborhood environment through
the formalization of a significant street parking plan that may incorporate a limited amount of
private land with the property owner's approval.
Effect of District Desianation
The effect of the Gilbert M. Fein district designation will be to:
1) Create an illustrative neighborhood master plan to accurately inform and streamline the
development review process with regard to neighborhood redevelopment and improvement
projects.
2) Modify certain aspects of the existing RM-2 zoning regulations through the NCD overlay to
better address the existing conditions.
3) Enact district specific design guidelines to maintain the special close-knit character of the
enclave and enhance the overall streetscape character.
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
DESIGNATION REPORT
FEBRUARY 8, 2005
PAGE 8
General Boundary Description
The Gilbert M. Fein Neighborhood Conservation District shall be bounded by the centerline of Bay
Road to the east, the bulkhead line of Biscayne Bay to the west, the northern lot lines of the northern
properties fronting Lincoln Terrace to the north, and the southern lot lines of the southern properties
fronting 16th Street to the south.
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Detailed District Boundaries
RM-2/NCD-1: The boundaries of the Gilbert M. Fein Neighborhood Conservation District include
those properties of Block 43, ALTON BEACH BAY FRONT SUBDIVISION, recorded in Plat Book 4,
at page 125, Public Records of Miami-Dade County, Florida fronting or abutting Bay Road, Lincoln
Terrace and 16th Street and commences at the point of intersection of the northern lot line of Lot 1 of
the LINCOLN TERRACE SUBDIVISION, and the bulkhead line of Biscayne Bay as recorded in Plat
Book 49, at page 100, Public Records of Miami-Dade County, Florida. Said point being the POINT
OF BEGINNING of the tract(s) of land herein described; thence run easterly, along the northern lot
line of Lot 1 to the point of intersection with the centerline of Bay Road; thence run southerly, along
the centerline of Bay Road to the point of intersection with the south lot line of Lot 15 of the BAY
LINCOLN SUBDIVISION, recorded in Plat Book 58, at page 86, Public Records of Miami-Dade
County, Florida; thence run westerly, along the south lot line of Lot 15 to the point of intersection with
the bulkhead line of Biscayne Bay; thence run northerly, along the bulkhead line to the POINT OF
BEGINNING. Said lands located, lying and being in the City of Miami Beach, Miami-Dade County,
Florida.
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
DESIGNATION REPORT
PAGE 9
Qualification
In order for a Neighborhood Conservation
District to be officially designated, the area
must first satisfy one (1) of five (5) criteria.
The proposed Gilbert M. Fein NCD satisfies
several of the category requirements for
eligibility as set forth in Section 118-704 of
the NCD enabling ordinance. Of particular
note is the fact that this early Post-War
Modern planned residential development
remains intact today as it was originally
conceived some fifty years ago despite the
continuing robust, market driven residential
and tourist environment that has come to
embody the West Avenue Bay Front area.
Whether the existing original enclave is
able to remain partially or fully intact or
begins to redevelop similarly to the
neighboring urban environment to the
south, the presence of this quaint, low scale
bay front neighborhood has come to
symbolize an effort to conserve certain
desirable and definable residential qualities
that are inherent and clearly apparent in the
existing neighborhoods of the west side of
south Miami Beach. Any new
redevelopment within this subject district
should be reflective of that urban tradition.
1) A special urban scale and context,
or historic or architectural character
present in the defined area; Satisfied
In retrospect, it is Miami Beach developer
Carl Fisher (1874-1939) who may be
credited as the first visionary to create a
distinctive bay front image for the southern
end of Miami Beach. In 1918, Fisher's
Alton Beach Realty Company filed the Alton
Beach Bay Front subdivision. This
subdivision spanned from Lincoln Road to
just south of 9th Street between Alton Road
and Biscayne Bay. On the last day of
1920, Fisher opened his first major hotel,
the Flamingo, at 1500 Bay Road on
Biscayne Bay. Only a year after the
Flamingo Hotel had opened, he added a
glass dome to the top of the 11-story hotel.
Illuminated at night with changing colors, it
was a landmark. In addition to the hotel,
Fisher also constructed a series of private
Recent view west over the district.
Aerial of the district looking east.
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View of the bay front during the late 1920s.
Carl Fisher's Flamingo Hotel at center.
DESIGNATION REPORT
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 10
FEBRUARY 8, 2005
cottages on the grounds.
The Flamingo Hotel with its conspicuous
lighted dome helped to lure interest from
mainland Miami across the bay to a utopian
leisure environment. This opulent hotel
was surrounded by private residences and
cottages all set within lush tropical gardens.
Fisher would later repeat this site design
concept in 1923 when he constructed the
Nautilus Hotel with nearby cottages just
north of 41 st Street on the bay. This early
planning technique whereby large hotels
were surrounded by low-scale garden
architecture ensured expansive and
desirable views from the hotels.
Fisher's Flamingo Hotel created a new
luxurious image for Miami Beach from a
mangrove jungle just years before. It was
the first hotel of this size and elegance in
Miami Beach. Following the Flamingo
Hotel, other developers built two separate
major hotels on the bay front south of
Lincoln Road: the Fleetwood Hotel at 8th
Street in 1924 and the Floridian Hotel
slightly south of 6th Street in 1925. The
guests of these three grand hotels on the
bay had an excellent vantage point for
Fisher's motor boat races.
Just north of the Flamingo Hotel and within
the present-day Lincoln Terrace and Bay
Lincoln neighborhood, Theodore Dickinson
had a large single-family home constructed
at 1600 Bay Road around 1922. The
approximately 2.5-acre site was located on
Lots 4 and 5, and the southern 5 feet of Lot
3, of Block 43, of the Alton Beach Bay Front
subdivision. The property was later sold to
Bertha Evans around 1932.
The area from Lincoln Road to just south of
16th Street between Bay Road and
Biscayne Bay was originally zoned for
single-family estates. However, by January
of 1946, the owners of the vacant land on
Lot 2 and the northern 112.9 feet of Lot 3,
of Block 43, of the Alton Beach Bay Front
subdivision petitioned the City of Miami
Beach to rezone their property from single-
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View north of the Flamingo Hotel, circa 1920s.
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1922 site plan of the Flamingo Hotel.
Miami Beach Regatta, 1928.
DESIGNATION REPORT
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 11
FEBRUARY 8, 2005
family estate to multi-family. The City
expanded the area of their request to include
Lots 1 through 5 in order to give proper
consideration to the classification of the
surrounding property. The petitioners, Leon
and Alyce Ell together with Shepard and
Ruth Broad, maintained that the
neighborhood had changed dramatically, and
it was no longer suitable for large singe-
family estates due to nearby multi-family and
commercial development. Bertha Evans, the
then owner of the single-family residence at
1600 Bay Road on Lots 4 and 5, and the
southern 5 feet of Lot 3, strongly opposed the
rezoning of the area. She argued that the
rezoning to multi-family would destroy her
property value. Upon recommendation of
denial from the Zoning Board of Adjustment,
the City Council (now City Commission)
denied the petitioners request to rezone the
area on April 16, 1947.
In October of 1947, Leon and Alyce Ell
together with Shepard and Ruth Broad
requested again that the City of Miami Beach
rezone Lots 1 through 5, of Block 43, of the
Alton Beach Bay Front subdivision from
single-family estate to multi-family. Despite
objections by Miss Evans and others, the
Zoning Board of Adjustment recommended
to the City Council to approve the rezoning of
Lots 2 through 5 (Lot 1 was excluded) from
single-family estate to multi-family because
of the changing conditions in the area. It was
approved by the City Council on May 19,
1948.
Two years after the area was rezoned, John
Myers and Abraham Lefkowitz of the Lincoln-
Bay Corporation submitted a permit
application to the Building Department. They
proposed to replat Lot 2 and the northern
112.9 feet of Lot 3, Block 43, of the Alton
Beach Bay Front subdivision into 12 small
lots and to build 12 small, low-scale
apartment houses on a new cul-de-sac street
(Lincoln Terrace). The Building Department
initially denied the permit application because
the project did not conform to the multi-family
setbacks in place at the time. Only upon
appeal did the Zoning Board of Adjustment
Bay front estates as viewed north from the Fla-
mingo Hotel.
USE DISTRICT MAP Plate 1
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As seen in this map from the 1930 Zoning Ordi-
nance, the present day Fein District was originally
zoned single-family estate.
DESIGNATION REPORT
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 12
FEBRUARY 8, 2005
on February 6, 1950, grant setback
variances for the construction of the Lincoln
Terrace Villas. On March 15, 1950, the City
Council approved the resubdivision of Lot 2
and the northern 112.9 feet of Lot 3. The
Lincoln-Bay Corporation filed for record the
Lincoln Terrace subdivision on AprilS, 1950.
In 1954, a permit application by Allen
Goldberg, Charles Weinberg, and Colonel N.
Rood of the Bay Lincoln Corporation was
submitted to the Building Department. They
proposed to replat Lots 4 and 5, and the
southern 5 feet of Lot 3, of Block 43, of the
Alton Beach Bay Front subdivision into 15
small lots and to build low-scale apartment
houses on a new cul-de-sac street (the
western extension of 16th Street). (The Bay
Lincoln Corporation purchased the property
at 1600 Bay Road from Bertha Evans
around this time.) Similar to the Lincoln
Terrace Villas project, the application was
initially denied by the Building Department
because the project did not conform to the
multi-family setbacks then in place. Upon
appeal, the Zoning Board of Adjustment
granted the setback variances for the
construction of the 16th Street Bay Lincoln
Development on February 12, 1954 (revised
May 7, 1954). The City Council approved
the resubdivision of Lots 4 and 5, and the
southern 5 feet of Lot 3, on June 16, 1954.
Attorney Irving Nathanson, as trustee, filed
for record the Bay Lincoln subdivision on
June 30, 1954.
In May of 1954, a permit was issued by the
City for the demolition of the single-family
residence at 1600 Bay Road (Lots 4 and 5,
and the southern 5 feet of Lot 3). Today the
only remaining traces of the former estate
are two coral rock walls located on the
northern and southern lot lines of the
property and within the boundaries of the
district.
Between 1950 and 1956, there were 24
apartment houses constructed within the
Lincoln Terrace and Bay Lincoln
subdivisions. Of these 24 structures, 18
were designed by Gilbert M. Fein, three by
Architect's rendering of the Lincoln Terrace Vil-
las, Miami News, 1950.
Coral rock wall existing from the former single-
family estate.
Aerial atlas photo of the district, 1959.
DESIGNATION REPORT
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 13
FEBRUARY 8, 2005
Maurice S. Weintraub, two by Robert M.
Nordin, and one by Igor B. Polevitzky. All
of these buildings were designed in the
Post War Modern or Miami Modern (MiMo)
style of architecture.
The Lincoln Terrace Villas and the later 16th
Street Bay Lincoln Development, both
designed by architect Gilbert M. Fein, are
noteworthy in terms of their contribution to
the legacy of Miami Beach residential
architecture. They represent an early
example of an evolving post-war 1950s
residential typology in Miami Beach in
which the success of increasingly dense
PUDs relied on the creation of semi-private
outdoor garden space directly adjacent and
accessible to each dwelling unit. In this
regard, the Lincoln Terrace Villas
neighborhood plan of 1950, which
consisted of a simple pairing of open porch
structures facing each other across
tropically landscaped courts, was a
predecessor to the later proscenium and
catwalk garden style apartments
characteristic of the celebrated Miami
Modern (MiMo) style.
So too is the architect of this early post-war
PUD noteworthy, as Mr. Fein may be
credited with being a true master of the new
architectural movement, designing some
800 buildings citywide and over 10 percent
of all buildings in North Beach. In fact, in
addition to Mr. Fein designing 18 of the 24
buildings of the subject two bay front cul-
de-sacs, he also designed the
neighborhood plan itself with its landscaped
side courts and promenade walks. It is for
this reason that this bay front neighborhood
is proposed to be named in his honor.
2) Natural or historic landscape features
such as water features, golf course and/
or open space areas, public or private
landscape themes prevalent in the area;
Satisfied
Further contemplation of the area suggests
that the urban plannin~ inspiration for the
Lincoln Terrace and 16 Street Bay Lincoln
Architectural rendering of 1491 Lincoln Terrace
by Igor POlevitzky, built in 1950.
View of shared side courtyards, Lincoln Ter-
race, 2002.
Post-War Modern/Garden Style Apartment with
proscenium entrance feature, Gilbert M. Fein,
Architect.
DESIGNATION REPORT
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 14
FEBRUARY 8, 2005
neighborhood may be traced back to the
Neighborhood Unit Concept as proposed in
the writings of Clarence Perry in the late
1920s and 1930s. Perry felt that the natural
and landscape benefits commonly
associated with the planning of single-
family neighborhoods should be brought to
all levels of the urban dweller in the hope of
assuring neighborly social relationships. In
this regard, the redevelopment of single-
family waterfront estates into a multi-family
waterfront district may be directly
associated with the Neighborhood Unit
Concept.
Biscayne Bay, arguably the second most
valuable natural resource in Miami Beach
after the ocean, provides the stage for
some of the most stunning views
associated with Miami: its aquatic
experience, skyline, and sunsets. The bay
is the signature feature of Miami Beach's
west side, and undoubtedly the focus of the
Lincoln Terrace and 16th Street Bay Lincoln
neighborhood plan. In fact, the planned
residential community was designed along
two cul-de-sacs oriented perpendicular to
the shoreline, providing desirable view
corridors to the Bay from the streets and
villas. (In this instance, villas is defined as
a semi-detached urban residence with a
yard and garden space,) This design
premise once again strengthens the notion
that new apartment neighborhoods and
multi-family communities designed to take
advantage of major natural landscape
features might better foster and solidify
healthy social interaction in the urban
environment. Furthermore, the bay front
properties and their proximity to Lincoln
Road identified the neighborhood as a
select opportunity to experience an "in
town" waterfront lifestyle. A Miami News
article, dated April 24, 1950, regarding the
Lincoln Terrace Villas states, "A colorfully
tiled kidney shaped pool, overlooking the
bay is a unique feature of the villas. A
spacious lounge dock fronts the bay for
over 50 feet and extends into the water for
25 feet." Intended for the enjoyment of all
tenants, the bay front and its recreational
View west along Lincoln Terrace.
View to Biscayne Bay from 1470 1ffh Street.
;'~';'~~~'''==~.~":~~1~~~:.,'~ '
:. ::~ : ..-.~.. -, -
-'Ii'" C~:' ,.
~~~ *'" " , .:',., ,,\ rl<<,
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t,J~".~~' ~~,.~~,~~,,' 'r,,'''.~':"Ii3:~' ',!:F'~
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Aerial of the district looking west.
DESIGNATION REPORT
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 15
FEBRUARY 8, 2005
amenities were marketed as a highly
desirable aspect of the planned community.
3) Specialized commerce. For example, a
concentration of residential office,
gallery or design districts, or specific
economic development objectives; Not
Applicable
4) A unique development plan that is
specifically noteworthy for its design
concept and because it serves the
community in some qualitative way;
Satisfied
More than any other single factor, it is the
extremely coherent neighborhood plan
designed by Gilbert M. Fein for these two
developments which defines the district and
its intimate low-scale residential character.
As noted earlier, the ideology of planned
multi-family communities had long been in
the psyche of the mainstream American
planning disciplines through the writings of
Clarence Perry. In works such as Housinq for
the Machine Aqe, published in 1939, Perry
notes that new multi-family dwellings need to
be set in a suitable environment for the
proper development of family life, and that
apartment houses can create neighborliness
through a relationship with usable outdoor
space. The Neighborhood Unit Concept was
conceived as a new plan for apartment living
where convenient accessibility to a common
environmental amenity would assure
neighborly social relationship. Gilbert Fein's
plan for the Villas was designed to embody
many of the tenets of social equality. As
stated in the Miami News article regarding
the economics of ownership within the Villas,
"The buildings, including property, will be
available for purchase individually. The buyer
would become a stockholder in the
corporation which will own the swimming
pool and cabana club." Although conceived
with an almost socialist tone reminiscent of
Perry's Depression-era Neighborhood Unit
Concept and strangely evocative of an early
cooperative housing technique, the major
impetus for projects such as Gilbert Fein's
Villas was to provide decent housing that
View of shared side courtyards, Lincoln Terrace.
Lincoln Terrace is characterized by a narrow
street cross section and low-scale architecture.
1451 Lincoln Terrace
DESIGNATION REPORT
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 16
FEBRUARY 8, 2005
was modern and economical at a time when
it was desperately needed as a result of the
post-World War II era housing shortage.
Finally, the Miami News article further states,
"Everything has been planned for indoor
comfort and outdoor relaxation. Tropically
landscaped promenade walks will stretch
between the buildings to give maximum
space, privacy and ventilation to all
apartments." More than any other feature of
the existing neighborhood, which remains
entirely intact today as it was initially built, it
is the spirit of a low-scale multi-family
apartment unit development, laid out in a
simple, pure orthogonal plan around gardens
and the bay front that is of great significance
and merit to the enduring residential
experience of Miami Beach.
5) Other cultural or significant
features such as monuments,
notable infrastructure
improvements, or special
public amenities that directly
contribute to the aesthetic
character and quality of life of a
community.
- Not Applicable, however, see
qualification #2.
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Current City atlas and aerial photo of the district,
2002, 2000.
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
DESIGNATION REPORT
PAGE 17
District Ordinance
Buildina Addition. Renovation and
Replacement Reaulations
The retention and renovation of the
existing structures of the Gilbert M. Fein
NCD is strongly encouraged and should
be performed in accordance with the Post
War Modern/ MIMo Design Guidelines
being prepared by the City of Miami
Beach. Rooftop and other additions to
existing structures are permitted and may
not require Design Review Board approval
but may be approved at the administrative
level when their construction does not call
for the demolition of more than ten percent
(10%) of the original building envelope to
include exterior walls and their
appurtenances, such as porches and
stairs. Their location, scale and design
character shall meet the following criteria:
Rooftop additions to existing structures
shall be limited to one (1) floor with a
maximum floor to ceiling height of ten (10)
feet and shall be setback from the front
fa9ade fifteen (15) feet. The exception
shall be for single story rooftop additions
to corner properties located along Bay
Road where that portion of the single story
addition fronting 16th Street or Lincoln
Terrace may be differentiated from the
main building fa9ade through design and
or setback techniques as reviewed and
approved by the Design Review Board in
issuing a Certificate of Compliance (COC)
for the project.
All other additions outside the original
building footprints shall require a minimum
lot aggregation as outlined in the following
Minimum/ Maximum Developable Lot
Regulations section of this NCD
ordinance.
Where catastrophic damage to the existing
structure warrants substantial or total
reconstruction, new construction upon the
original 5000 sft. and 5250 sft. lots shall be
Renovation and Rooftop Addition Study
NeD Overlay
1-" ~13S2s1l
31' .....
l" Isnsll
>-
~
............... . "-
", '-.
'- 72 ~, .....
'100', """,.,._:<, _;26' .50'/...;;.....
'~,_, y/"-..~/- Allowable FAR @ 2.0 = la, ()()()sft:
'.,./ Proposed @:o 1.0 = S096 sft
Existin<;j @ . 7S ~ 3744 st't
Model depicting the building envelope and square
footage requirements for rooftop additions that may
be approved administrativelv.
DISTRICT ORDINANCE
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 18
FEBRUARY 8, 2005
allowed as provided by Code, however, the
allowable square footage shall be the
effective square footage of the original
building with the allowance of the square
footage of a single story rooftop addition or
an effective FAR of (1.0), whichever is less,
otherwise the new structure shall conform
to the Minimum/ Maximum Developable
Lot Regulations section of this NCD
ordinance.
Land Use Reaulations
The land use regulations for the G. M. Fein
NCD shall be in accordance with the
provisions of the underlying RM-2,
Residential Multifamily Medium Intensity
Zoning District (Code Sections 142-212
through 142-215) as well as the West
Avenue Bay Front Overlay District (Code
Sections 142-842 through 142-845) as
applicable with regard to uses except that
commercial and noncommercial parking
lots and garages shall not be permitted.
Land Development Reaulations
The land development regulations for the
G.M. Fein NCD shall be in accordance with
the underlying RM-2 zoning parameters
with regard to FAR and overall height.
However, the NCD designation shall
incorporate neighborhood specific height,
lot size and building massing setback
parameters in order to ensure that new
construction is in context with the existing
structures within the original planned
neighborhood and shall strive to maintain
the pedestrian scale, massing and view
corridors of the existing planned unit
neighborhood to the greatest extent
possible.
The primary goal in further defining the
zoning envelope for new construction in the
NCD will be to maintain the low scale
neighborhood experience at street level. In
general, the lot configuration and building
height and setback regulations will be
defined as follows:
!
il
i
I \~\.,';~ 'l ~~'t,,; ,; .
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J. "'INCOLN TEkRACE
1(~1 -.~...,.
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1620
1622.
s
~
1410
1580
.
EXISTING CONDITIONS
. UNCOLN TERRACE
l.QLS1ZES
D SOXlOO.. SOOOsft
IISOX10S.. 5250sft
o IRREG(1490-92) .. 10,66Ssft
D IRRE(i(149l).. 12.31Ssft
. 1 6th STREET
I.QI.S!ZES
D SOXlOO.. SOOOsft
~ SOXI05 .. 52S0sft
o IRREC(1470).. 16,600sft
Q IRREG(1'U5-55) .. 22.036sft
BUILDING SIZES
D 26X 71X (lFlrs) .. 369251t
D 26X 7SX (2F1rs) .. 39005ft
fi IRREG(1490-92) X (2Fln) .. 6994sft
~ IRREG(1491}X (3Flrs) .. 99245"
IiUILDING SIZES
U 26X 72 X (lFlrs) .. 3692sft
o 26X 7S X (2Flrs) .. 3692sft
o 27X 7S X (2Flrs) .. 3900sft
o 3SX 7S X (If'rs),, 36925ft
~ IRREG(1470) X (lFlrs) .. I I ,nOsh
E! IRREG(1435-SS) X (lFln).. 14,855sft
/
/
D Diy Property
D Condominium
D Individual
D Recent Asseml)/y
o
DISTRICT ORDINANCE
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 19
FEBRUARY 8, 2005
Minimuml Maximum Developable Lot
Reaulations
In order to maintain the rhythm and variety
of individually owned and maintained
structures it is encouraged that the existing
minimum lot size for parcels with regard to
renovation and additions to existing
structures in the G. M. Fein NCD be
maintained at 5000 sft. However, in order
to address redevelopment scenarios and to
establish a minimum lot size requirement in
SCALE:
1":60'
I
I
accordance with the underlying RM-2
development regulations, the minimum lot
size for redevelopment will be 10,000 sft. or
the assemblage of at least two lots. Lot
assemblies shall occur in increments the
size of original lot configurations. Lot splits
or other redevelopment scenarios which do
not respect the original increment of
parcelization shall not be permitted. In this
regard, the generation of new property
ownership lines and the siting of new
structures shall be based on original
property lines and original building footprint
setbacks.
Existing Ne~hborhood
{~;S} iBOOO~
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Full Rl!development 'As of RJoht'
(~~)i c:=J
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Full Redevelopment wI NeD Overlav
(nts)~n ' -
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fA
Existing Utility Easement
I
~xisting Utility Easement
In practice this will require that those
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
DISTRICT ORDINANCE
PAGE 20
portions of the infill structure which
encroach into what was originally a setback
yard be set in from the line of the original
building footprint generally in the following
manner:
Front and Side Facinq a Street
That portion of the new infill structure which
encroaches into the area which was
originally the side yards between
assembled lots shall be setback fifteen (15)
feet from the line of the original front or
street facing fac;:ade.
Side
Infill structures fronting onto Lincoln
Terrace shall not encroach into those side
yards that were originally planned and built
as side courtyards providing main
circulation routes to the original structures.
The side courtyards are generally thirty (30)
feet in width and comprised of two (2),
fifteen (15) foot side yards and extend to
the rear yard setback. Furthermore, the
courtyards incorporate the primary entrance
elevation of the original structures. This
provision shall not apply to the properties
fronting 16th Street, however, in all cases
the new infill structure shall not exceed
(175) feet in length or depth.
Rear
Infill structures shall not encroach past the
line of the original rear building setback
where a utility easement exists. The
exceptions shall be where all of the lots
abutting the utility easement have been
contiguously assembled and the length of
the utility easement is vacated and
relocated or where the bay front property
rear yards have been contiguously
assembled and that portion of the
easement can be vacated and relocated
without complication to the existing
properties abutting the easement. That
portion of the new infill structure which
encroaches into what was originally the
rear yards between assembled lots shall be
in line with the side elevation of the original
building footprints. The height of this
portion of the structure shall not exceed the
Existing Lincoln Terrace courtyard. Primary
building facades and entrances occur at
courtyards.
Demolition of 1470 16th Street is proposed with
the recent Capri on the Bay development
agreement.
DISTRICT ORDINANCE
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 21
FEBRUARY 8, 2005
Non-Bav Front Structures
New construction upon the original non-bay
front (rectangular) lots of the neighborhood
whether assembled through unity of title
with bay-front lots or not shall be in
accordance with the height regulations for
non-bay front properties as defined in the
underlying RM-2 development regulations
and shall be limited to sixty (60) feet in
height. The new infill structure shall be set
back in line with the front elevation of the
original building footprint to a depth of
fifteen (15) feet. Where retention of the
street facing portion of the original structure
is proposed, the depth shall be that of the
main front room of the original structure as
determined by the Planning Director or his
designee and not less than fifteen (15) feet
in depth, In both instances the height of the
front portion shall remain consistent with
the height of the roof eaves of the original
structure, generally (20-22) feet. Those Model depicting 1600-04 Bay Road/ 1415 16th
portions of the new structure greater than Street original building footprints with potential RM-
(20-22) feet in height but less than forty 2 infill and ground floor building program.
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT FEBRUARY 8, 2005
height of the roof eaves of the original
structure, generally (20-22) feet.
Demolition of Existin~ Structures
Demolition of existing structures is
permitted. However, permits for demolition
may only be issued after the Design
Review Board or Planning Department staff
issues a Certificate of Compliance (COC)
for redevelopment, and after the Building
Department issues a building permit for the
redevelopment. Demolition solely for the
purpose of creating vacant land or an at-
grade parking lot is prohibited. In the event
the demolition of an existing structure
becomes part of a parcel assemblage
scenario whereby the site of one or more of
the existing structures is to be programmed
for parking, the design shall follow the
regulations as set forth in the Off-Street
Parking Regulations section of this NCD
ordinance.
Buildina Setback and Heiaht
Reaulations
Front and Side Facina a Street
Circulation core ~
in hne wI
mid porbon
Top portion ________..... ,
~tback 5'
Model depicting front yard setback regulations
applied to 1450-70 Lincoln Terrace.
- - Top portjon
setback 5'
Model of front and side yard facing a street setback
regulations applied to 1600-04 Bay Road/ 1415
16th Street.
Semi habitable area
DISTRICT ORDINANCE
PAGE 22
(40) feet in height may rise from the above
noted setback depth. Those portions
above forty (40) feet shall be further
setback from the mid-height portion of the
structure by an additional minimum depth of
five (5) feet. Thirty percent (30%) of the
front elevation above forty (40) feet may
remain in line with the mid-portion setback
in order to accommodate the circulation
core of the structure. The new structure
shall include habitable or semi-habitable
space facing the street which is, at a
minimum, fifteen (15) feet in depth and
encompasses the full height of the base
volume. Parking shall be accommodated
within the building envelope as identified in
the Off-Street Parking Regulations section
of this NCD ordinance.
Bay Front Pedestal
The pedestal portion of new construction
which is sited upon the original irregular lots
adjacent to Biscayne Bay shall follow the
line of the original building footprint to a
depth of fifteen (15) feet measured in from
the lesser of the two projecting wings at the
front. The pedestal shall be constructed to
a height consistent with the height of the
roof eaves of the original structure;
generally (20-22) feet and shall include
habitable or semi-habitable space fronting
the street which is, at a minimum, fifteen
(15) feet in depth and encompasses the full
height of the volume. Parking shall be fully
subterranean to the greatest extent
possible as identified in the Off-Street
Parking Regulations section of this NCD
ordinance.
Bay Front Tower (s)
Where a contiguous assembly of the
original irregular bay front lots has
produced a development parcel in excess
of 45,000 sft., along the bay front, all
portions of the new structure above the (20-
22) foot pedestal shall be limited to towers
no greater than forty-five (45) feet in width
and one hundred (100) feet in depth and
not located within seventy (70) feet of any
adjacent construction over sixty (60) feet in
height. The longer dimension of the tower
Neighborhood context model viewed west depicting
taller bay front tower height located to south.
Full redevelopment model delineating bay front
tower regulations.
DISTRICT ORDINANCE
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 23
FEBRUARY 8, 2005
shall be oriented on an east west axis and
designed to the following parameters at the
following original address locations:
. 1470 16th Street - The maximum height
shall not exceed (140) feet and shall be
located to the southwest corner of the
pedestal.
. 1445 16th Street - The maximum height
shall not exceed (100) feet and shall be
centered within the pedestal.
. 1490 Lincoln Terrace - The maximum
height shall not exceed sixty (60) feet and
shall be centered within the pedestal.
. 1491 Lincoln Terrace - Preservation and
rehabilitation of the existing structure
consistent with the special historic
character of the original building shall be
required when assembled under unity of
title with other bay front lots, otherwise, the
maximum height is limited to sixty (60) feet
coupled with the setback parameters as set
forth for non-bay front lots. However,
demolition of all or portions of the existing
structure may be subject to further review
and may not receive approval if determined
to be of merit by the Design Review Board.
Bav Front Low Rise Development
Similar to the setback regulations for non
bay front lots, new low rise construction
which is sited upon the original irregular lots
adjacent to Biscayne Bay shall be limited to
sixty (60) feet in height. The pedestal of
the new structure shall be set back in line
with the front elevation of the original
building footprint to a depth of fifteen (15)
feet, measured in from the lesser of the two
projecting wings. Where retention of the
street facing portion of the original structure
is proposed, the depth shall be that of the
main front room of the original structure as
determined by the Planning Director or his
designee. In both instances the height of
the front portion shall remain consistent
with the height of the roof eaves of the
original structure, generally (20-22) feet.
Those portions of the new structure greater
Architect's rendering of rehabilitated 1491 structure
as viewed from Biscayne Bay.
NeD low Rise Bay Front
(view from West Avenue)
Neighborhood context model viewed west depicting
low rise bay front redevelopment.
Full redevelopment model delineating low rise bay
front regulations.
DISTRICT ORDINANCE
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 24
FEBRUARY 8, 2005
than (20-22) feet in height but less than forty
(40) feet in height may rise from the above
noted setback depth. Those portions above
forty (40) feet shall be further setback from
the mid-height portion of the structure by an
additional minimum depth of five (5) feet.
Thirty percent (30%) of the front elevation
above forty (40) feet may remain in line with
the mid-portion setback in order to
accommodate the circulation core of the
structure. The new structure shall include
habitable or semi-habitable space facing the
street which is, at a minimum, fifteen (15)
feet in depth and encompasses the full
height of the volume. Parking shall be fully
subterranean to the greatest extent possible
as identified in the Off-street Parking
Regulations section of this NCD ordinance.
Side Setbacks
Non-Bay Front Structures
The side elevations of new construction
sited upon the original rectangular lots of the
neighborhood shall be designed to follow a
setback in line with the original building foot
print, which may be as great as fifteen (15)
feet for side elevations which were designed
to be primary elevations or as little as five (5)
feet for secondary elevations. The design of
new side elevations should be developed to
relate to the elevation of the original building
in terms of its architectural hierarchy of
importance, (i.e. primary vs. utilitarian).
Bay Front Structures
The side elevation for new construction upon
the original irregular lots of the neighborhood
shall be designed to follow a setback in line
with the original building foot print to a height
consistent with the height of the original
structure. Similarly, those portions of the
pedestal facing the bay shall be setback to a
depth in line with the footprint of the original
buildings; generally thirty (30) feet, and shall
include habitable or semi-habitable space
encompassing the full height of the volume.
Rear Setbacks
Bav Front and Non-Bav Front Structures
Courtyard elevations for new infill structures shall
be developed as primary entrance elevations
similar to the existing structures.
Fi'~~"'- ,. - -L L .......
~"-- " : =:~
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......1+c1~., r ! j t'r-=-~"'"
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'-_ r I r '....~ .
,~ ,'-~ I I I ~...-,
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~ -,,-' ~
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,.c!;O..-' ~.:' _ \!7~ -~
~~.., . --".....;. - -----.... -...,.",., ....-
Architect's rendering depicting an improved level of
public amenity along the bay front.
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 25
FEBRUARY 8, 2005
DISTRICT ORDINANCE
Rear elevation setbacks for new
construction shall follow the line of the
original building footprint to a height not to
exceed forty (40) feet. Those portions
above forty (40) feet shall be set back an
additional five (5) feet.
Biscayne Bay
Variance from the Biscayne Bay
Management - Shoreline Development
Review Criteria regarding setbacks from
the Bay may be supported where new
construction at the rear of the original
irregular lots is designed in accordance with
the aforementioned building setback and
height regulations and where significant
view corridor and public access are
provided to the bay front from both Lincoln
Terrace and 16th Street.
Supplementary District Reaulations
Bay Front and Non-Bay Front Structures
Rooftop terraces shall be permitted and
projections shall be limited to the following:
. A perimeter guard rail, simple and
transparent in design, shall be
provided and the height shall not
exceed the minimum Code
requirement of (42) inches.
Rooftop terrace projections above the
maximum height limit shall be limited to the
additional following:
. One roof top elevator override when
necessary not to exceed (42) inches
in height when located along an
exterior wall or one elevator
enclosure pursuant to Section 142-
1132( 0) of the Code when located to
the center of the building footprint
and not to exceed ten (10) feet in
height.
. One rooftop access stairwell
enclosure provided pursuant to
Section 142-1132(0) of the Code not
to exceed ten (10) feet in height.
q
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DISTRICT ORDINANCE
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 26
FEBRUARY 8, 2005
. All further rooftop projections other
than landscape material shall be
limited to mechanical, electrical,
HVAC and satellite
telecommunications equipment
whose rooftop location is explicitly
required by Code and shall be
located to the center of the building
footprint and adequately screened
from view in accordance with Design
Review Guidelines and procedures.
Balcony projections shall not exceed six (6)
feet from the building face from which they
are accessed at the front, bay front, primary
side courtyard and side yard facing a street
elevations and shall not exceed four (4) feet
from the building face at non-primary side
and rear yard elevations.
Fences and walls located within the front
yard or side yard facing a street shall be set
back behind the original building footprint a
minimum of one (1) foot and shall not
exceed six (6) feet in height. Fencing at the
rear and side yards shall retain and
preserve the original existing coral rock
walls within the utility easement areas and
new fencing shall not exceed six (6) feet in
height where permitted. Fences and walls
which divide the entrance courtyards shall
be prohibited. In all instances the design of
new fences and walls shall follow the
Design Guidelines for Post War Modern/
MiMo structures.
Off-Street Parkina Reaulations
The off-street parking requirements for
structures located in the G.M. Fein NCD
shall be as follows:
Existina structures and reconstruction of
existina structures
- No requirement, zero (0) spaces per unit.
Additions to existina structures
- No requirement, zero (0) spaces per
additional unit provided no more than ten
percent (10%) of the original structure is
demolished.
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Recommended
Not Recommended
(I) J
Lot Area "10,000 sit
~~-
__ RM-2 FAR-20.ooo oft,
Building TotoI Habilloblt sit.. 19.2n oft.
(10) Unlb @ (1) Paridng Space w UnIt
property line '~o,-O..
__ 1451-71 La>, T.r. '
(2) Lot Assembly
Ground Level
PlIl'lclng Layout I
t-15'i'15'
(to adjact, bldg.)
~ C ard
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and drew,.., core
i
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I Garage Entrance J
(~utlIila~n side vard)
I
1 S Front YOI'd I
.-
DISTRICT ORDINANCE
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 27
FEBRUARY 8, 2005
New construction within the G.M.Fein NCD
- Assembled lots under 45,000 sft. - One
(1) space per unit where the front
portion of the original structure has been
retained pursuant to the Front Setback
Regulations section of this NCD
ordinance. Otherwise, two (2) spaces
per unit with the provision that the
development may reduce the
requirement to one (1) space per unit
through participation in the Parking
Impact Fee Program as outlined in
Section 130-131 of the Code and the fee
shall be captured for the intent purpose
of upgrading and maintaining the
Neighborhood Streetscape as outlined
in the Streetscape Improvement Plan
recommendations of this NCD.
- Assembled lots over 45,000 sft. - Two
(2) spaces per unit with further provision
that parking shall be fully subterranean
to the greatest extent possible.
In general, off-street parking shall be
designed to occur within the structure and
may be incorporated into the envelope of
existing structures. The parking pedestal
shall incorporate enclosed habitable or
semi-habitable space facing the street
which follows the footprint of the original
building and is consistent with the height of
the original structure upon that parcel and
shall be designed to a minimum depth of
fifteen (15) feet or equal to that of the front
room of the original structure as outlined in
the Building Height and Setback
Regulations section of this NCD ordinance.
Garage entry locations shall be located
within the recessed portion of the infill
structure occupying the original side yard
between building footprints. The exception
will be where an assembly of 1430 and
1440 16th Street occurs and the side yard
between the two original building footprints
does not allow the minimum eleven (11)
foot driveway, therefore dictating access to
occur within the projecting front portions of
the two lot assembly.
NCl> (2) Lot AsHmItlv
ProposecIlnM Str\lcttn
H30-1+1016lhStnlet
_ sit. @FAA 2.P
20,_
Building total sft,.20,l98sft
(drculalion sit. not indu<lOd)
Ilunlls @ (I) prkg, spec. per unit
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Example of the type of redevelopment scenario
which should not be permitted (above) as
compared to the an example which maintains the
view corridors (below).
DISTRICT ORDINANCE
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 28
FEBRUARY 8, 2005
Conservation of View Corridors
The existing view corridors to Biscayne Bay
from the public rights-of-way of 16th Street and
Lincoln Terrace shall remain completely
unimpeded visually and physically and free of
building structures in accordance with Section
33D-38(D) of the Biscayne Bay Management,
Shoreline Development Action Review Criteria
regarding visual corridors. Recreational
structures which may encroach into the view
corridors shall be limited to pools and other at
grade surface features as defined in Section
142-1133 of the Code.
Conservation of the Cui De Sac Street Plan
Requests for the Vacation of Lincoln Terrace or
16th Street from Bay Road to Biscayne Bay or
any portion thereof these cuI de sac streets
shall be prohibited.
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
DISTRICT ORDINANCE
PAGE 29
Streetsca pe
Plan
Improvement
Summary of Plannin!:l Activities
Pursuant with the Objectives section of this
NeD, the Planning Department has
identified the following neighborhood
streetscape and parking plan as the most
practical and amicable method toward
improving the existing street conditions.
The current informal parking conditions
occurring most notably along the 16th
Street cuI de sac can be said to be the
most prominent factor contributing to an
16th Street existing condition
Renderinq of the 16th StreeU Lincoln Terrace Shared On-Street Parkinq Court Concept
overall negative perception for the area. In
addressing this issue in a comprehensive
manner, staff began to research potential
design solutions which could accommodate
the existing parking configuration while
improving and beautifying the open space
experience. The initial premise suggested
that the favored method would undoubtedly
involve an integration of the private front
yard area and the public-right-of-way into a
unified and functional space. The most
compelling prototype identified was that of
the parking court concept commonly
utilized throughout Europe and most
A "Woonerf' in Holland
STREETSCAPEIMPROVEMENTPLAN
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 30
FEBRUARY 8, 2005
notably in the Dutch "Woonerf" or ("Street
for living"). This particular street is created
to be a common space shared by
pedestrians, bicyclists, and low speed
motor vehicles. Typically the streets are
designed without curbs and sidewalks, and
vehicles are slowed by placing trees,
planters, parking areas, and other
obstacles in the street. Motorists become
the intruders and must travel at very low
speeds below (10) mph. This makes a
street available for public use that is
essentially only intended for local residents.
This approach is particularly appropriate to
Lincoln Terrace and 16th Street west of
Bay Road because both of these streets
are relatively short cuI de sacs.
The concept was then developed into a
series of illustrative renderings to be
presented to the property owners with prior
affirmation from City officials. It was
accepted favorably at all of the
neighborhood public meetings and was
viewed as a significant and creatively
positive component of the proposed
Neighborhood Conservation District. Staff
has since been further developing the
concept interdepartmentally and in
coordination with developers to effectively
implement this planning strategy so vital to
the successful evolution of the proposed
district.
Current Conditions. Purpose and Scope
As stated previously, the proposed Gilbert
M. Fein Neighborhood Conservation District
consists of a planned unit development of
twenty-four (24) low-scale apartment
buildings assembled onto two cuI de sac
streets.
The first of the cuI de sac streets, Lincoln
Terrace is characterized by a (30.8') foot
wide right-of-way extending west from Bay
Road approximately (255') feet and
terminating in a (50') foot wide circle. The
configuration of the street remains intact
today as it was originally constructed with a
concrete sidewalk approximately (4")
inches in height and (18") inches in width
Initial concept plan for the 16th Street shared
parking court.
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-
Lincoln Terrace existing condition view west
STREETSCAPEIMPROVEMENTPLAN
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 31
FEBRUARY 8, 2005
flanking both sides of the asphalt roadway.
Parking is configured parallel to the curb on
both sides of the street thus reducing the
effective travel lane to (13.8') feet or one-
way traffic and therefore does not conform
to the current Code. In addition to the
parallel parking pattern along the street, the
bay front terminus is characterized by an
expanse of asphalt constructed from the cuI
de sac to the seawall to accommodate
private off-street parking.
The second cuI de sac street, 16th Street is
characterized by a (36.9') foot wide right-of-
way extending west from Bay Road
approximately (331') feet and terminating in
a (50') foot wide circle. The current
configuration of the street is indicative of a
poorly defined edge between the private
property zone and the public roadway. The
disintegration of this line has over time
produced a condition of informal parking,
generally perpendicular in orientation, with
little regard for landscape improvements or
other aesthetic considerations.
Furthermore, those bay front properties
located at the terminus of the 16th Street cuI
de sac have included additional tandem
spaces further generating an unmitigated
expanse of asphalt and autos.
The purpose of the planning effort for both
cuI de sac streets will be to refine the
existing circulation and better structure the
parking patterns while improving the overall
aesthetic image of the neighborhood
through landscape and hardscape
beautification. The reconfiguration for
Lincoln Terrace will not be similar to 16th
Street because the narrow cross-section of
Lincoln Terrace functions in an entirely
different manner and is in fair condition.
The primary effort will be to bring Lincoln
Terrace into Code compliance with regard
to travel lane width and to beautify the
roadway and its terminus through
landscape, hardscape and public access to
the bay front. With regard to 16th Street, the
planning and design initiative will be more
significant and involve a full streetscape
reconfiguration.
16th Street recent view east.
16th Street informal parking condition.
BAY FRONT CUL-DE-SAC
PARKING SURVEY
0731.02
8:30am 1:00pm 4:30pm 8:01pm 11:3Opm A_
16lHStreel 4fl 41 41 46 57 47'
6ayRoad 19 19 12 20 15 It
Lincoln Terrace 35 31 34 48 49 39
Total 102 91 87 114 131 105
. Pal1ung COI.Kltlorcourtyard concept on 16" Slreel is 53 aulos lo!al.
STREETSCAPE IMPROVEMENT PLAN
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 32
FEBRUARY 8, 2005
Analvsis and Recommendations
In collecting the necessary data for this
project, two factors needed to be
addressed in order to achieve a viable plan.
The first involved accepting the reality that
autos must be accommodated into the plan
to a high degree based on both legally
permitted and existing non-permitted
conditions. The second factor involved the
accommodation of that number into an
efficient and aesthetically pleasing
arrangement. Referring to the chart on the
preceding page, a windshield survey of the
parking conditions along both streets was
performed at several times throughout the
mid-week day of Wednesday and the
findings suggested that the highest counts
occurred in the evenings after 11 :00 pm. In
this regard, the task then centered on
accommodating as many of the (57) autos
associated with 16th Street at peak hours
into a parking plan which would equitably
and attractively permit to some degree the
existing configuration. To this end, a
review of the City's building permit records
revealed that only two properties did indeed
have permitted off-street parking in the front
yard setback; generally (2) spaces, and that
all other off-street spaces were in fact not
permitted. The exception was that of the
bay front properties which had a total of
(28) permitted spaces but over time had
informally increased that number to (36)
through the addition of tandem spaces. All
other spaces were originally to be on-street
therefore bringing the total legal count to
(52).
In creating a concept plan for 16th Street
the ideal would have called to restore the
(15') feet of landscaped lawn areas to the
front yards of all of the buildings. Instead,
the intention was to foster the economic
viability of the existing structures by taking
a more practical view toward parking in this
dense urban environment (see Unit Count
and Parking Requirement - Appendix 'I/J
and thereby embracing, to a certain extent,
the existing pattern of perpendicular
parking. The logic of this approach was
,-----,-,-,--...,-' -11
ODD 01 I,
I="_~. I \
0.. .....-
Permitted parking layout
(yellow indicates parking associated with 1445-
1470 16th St. Street)
City of Miami Beach aerial atlas, 1959.
""'.
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Proposed 16th Street cross section.
STREETSCAPEIMPROVEMENTPLAN
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 33
FEBRUARY 8, 2005
further based on findings from research into
aerial photos of the neighborhood which
revealed that parking had been occurring in
this manner as early as 1959; effectively
the beginning of the development. In
particular, the 1959 aerial photos suggests
that the layout was very similar to that of
today except that it was more formalized in
terms of a definition between public and
private zones.
In developing the parking court concept,
staff devised a technique whereby the
entire street cross-section from building
face to building face would be
comprehensively planned to efficiently
accommodate and beautify the
neighborhood streetscape. The concept
would involve a hardscaping technique in
which the roadway would be designed with
the same decorative approach as that of
the off-street parking area. Not unlike the
existing condition, this would require a
shared approach to the open space realm
whereby some of the public improvements
would be accommodated on private
property and conversely some of the
private improvements accommodated on
public property. It is important to note that
with this proposed scheme the creation of
landscaped areas adjacent to the building
and interspersed within the parking zones
is crucial to the success of the concept.
Therefore, the integration of tree wells at
regular intervals is required to provide the
desired street tree canopy. Furthermore,
decorative pavers set in sand have been
identified as the ideal hardscape material
because they are durable, pervious and
attractive.
Finally, although the initial concept design
has been viewed favorably at all
neighborhood meetings as well as by the
Design Review and Historic Preservation
Boards, there remain several issues
impacting the final design with regard to the
permitting, public easement and funding
aspects of the project. These issues will be
carefully resolved through the design
development and construction document
c:=J
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56.'........UL
Shared Parking Layout "A"
(Perpendicular parking at 16th Street-end)
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(Parallel parking at 16th Street-end)
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STREETSCAPE IMPROVEMENT PLAN
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
PAGE 34
FEBRUARY 8, 2005
phases of the project.
Statement of Intent Regarding Traffic
Concurrency Mitigation Fees and Parking
Impact Fees
It is the intention of this NCD ordinance to
identify and exact funds toward the design
development, construction and maintenance of
the aforementioned neighborhood streetscape
improvement scenario. Said funds may include
any and all portions of fees associated with
traffic concurrency, parking impact mitigation
and development review order exactions
collected from private redevelopment projects
within the Gilbert M. Fein NCD.
JGG\WHC\RNC
GILBERT M. FEIN NEIGHBORHOOD CONSERVATION DISTRICT
FEBRUARY 8, 2005
STREETSCAPE IMPROVEMENT PLAN
PAGE 35
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~
r CITY OF MIAMI BEACH
~ NOTICE OF PRELIMINARY PUBLIC HEARING
g PROPOSED GILBERT M. FEIN NEIGHBORHOOD
~ CONSERVATION DISTRICT
NOTICE IS HEREBY GIVEN, that a preliminary public hearing pu",ant to
Code Section 118-705 will be held by the Mayor and City Commission of the ,
City of Miami Beach, Florida, on Wednesday. Mav 18. 2005. at 5:15 D.m.. or I
as soon thereafter as Dossible. in the City Commission Chambers. Third
Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. , ,I
At this preliminary public hearing the City Commission will evaluate the
merits of the proposed Gilbert M. Fein, Neighborhood Conservation
District and determine Whether to continue the designation process.
As previously discussed with the Community, the City Commission and the
Historic Preservation Board, the general purpose of the proposed district will
be to refinE' the parameters for redevelopment and streetscape improvements
within the area generally bounded by the center line of Bay Road to the east,
the bulkhead line of Biscayne Bay to the west, the northern lot lines of the
northern properties fronting Uncoln Terrace to the north, and the southern lot
lines of the southern
properties fronting 16'"
Street to the south. The 0
properties which may be
included in the proposed
district are shown on the
map in this advertisement.
All persons are invited to
appear at this meeting or be
represented by an agent, or
to express their views in
writing addressed to the
Miami Beach City
Commission c/o the City
Clerk, 1700 Convention
Center Drive, Rrst Floor, City
Hall, Miami Beach, Florida
33139.
III
III
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All related materials
regarding the proposed
Neighborhood Conservation
District are available for
public inspection during normal business hours in the City Clerk's Office...
Inquiries may be directed to the Planning Department at (305) 673-7550. The
hearing on this preliminary evaluation and recommendation may be
continued at this meeting and, under such circumstances, additional legal
notice would not be provided. Any person may contact the City Clerk's Office
at (305) 673-7411 for information as to the status of the preliminary
evaluation and recommendation as a result of the meeting.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286,0105, Fla. Stat., the City hereby advises the public that: If a
person decides to appeal any decision made by the City Commission with respect to
any matter considered at its meeting or its hearing, such person must insure that a
verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent
by the City of the introduction Ot admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize cballenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, infonnation
on access for persons with disabilities, and/or any accommodation to review
any document or participate in any city-sponsored proceeding, please contact
305-604-2489 (voice) or 305-673-7218 (T1Y) five days in advance to initiate your
request. TTY users may also call 711 (Florida Relay Service). ,
-+- Ad No. 306
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