2007-3566 OrdinanceRECONSTRUCTION OF DEMOLISHED CONTRIBUTING PROPERTIES AND
SAFEGUARDS FOR DRB AND HPB PROJECTS
ORDINANCE NO. 2007-3566
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDAAMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
118, "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE IX, "NONCONFORMANCES," BY AMENDING
SECTION 118-395 TO CLARIFY AND UPDATE CERTAIN
PROCEDURES AND REQUIREMENTS FOR THE
RETENTION OF A NONCONFORMING STRUCTURE, BY
AMENDING ARTICLE X, "HISTORIC PRESERVATION",
DIVISION 3, "ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TODIG/CERTIFICATE
OF APPROPRIATENESS FOR DEMOLITION", BY
AMENDING SECTION 118-561 TO CREATE A CONDITIONS
AND SAFEGUARDS SECTION FOR CERTIFICATES OF
APPROPRIATENESS, BY AMENDING SECTION 118-564 TO
MODIFY THE REQUIREMENTS FOR OBTAINING A
DEMOLITION PERMIT, BY AMENDING ARTICLE VI,
"DESIGN REVIEW PROCEDURES", BY CREATING
SECTION 118-264 TO ADDRESS CONDITIONS AND
SAFEGUARDS FOR DESIGN REVIEW APPROVAL;
PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Historic Preservation and Design Review
Boards are charged by Ordinance as serving in an advisory capacity to the City
Commission and other City Boards on issues affecting the City's architecture, design,
historic districts and structures; and
WHEREAS, the City of Miami Beach wishes to preserve its unique architectural
history and to maintain the structural, historical and architectural integrity of existing
structures in the City's designated historic districts and sites; and
WHEREAS, the City of Miami Beach continually seeks to update and clearly define
the requirements of the Land Development Regulations of the Code of the City of Miami
Beach as they pertain to nonconforming contributing structures; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the
maintenance and improvement of existing nonconforming contributing structures and,
WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for improvements to existing non-conforming
contributing structures in order to ensure that a substantial portion of any such structure is
retained and preserved; and,
WHEREAS, the City of Miami Beach Historic Preservation Board and Planning
Board strongly endorse the proposed amendments to the Historic Preservation Section of
the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 118, Entitled "Administration and Review Procedures", Article
IX, Entitled "Nonconformances", of the Land Development Regulations of the Code of the
City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-395. Repair and/or rehabilitation of nonconforming buildings and uses.
(b) Nonconforming buildings.
(2) Nonconforming buildings which are repaired or rehabilitated by more than 50
percent of the value of the building as determined by the building official, shall be subject to
the following conditions:
a. All residential and hotel units shall meet the minimum and average unit size
requirements for rehabilitated buildings as set forth in the zoning district in which the
property is located.
b. The entire building, and any new addition shall meet all requirements of the City
property maintenance standards, the applicable Florida Building Code and the Life Safety
Code.
c. The entire building and any new addition shall comply with the current development
regulations in the zoning district in which the property is located. No new floor area may be
added if the floor area ratio is presently at maximum or exceeded.
d. Development regulations for buildings located within a designated historic district or
for an historic site:
1. The existing structure's floor area, height, setbacks and any existing parking credits
may remain, if the following portions of the building remain substantially intact, and are
2
retained, preserved and restored:
i. At least 75 percent of the front and street side facades;
ii. At least 75 percent of the original first floor slab;
iii. For structures that are set back two or more feet from interior side property lines, at
least 66 percent of the remaining interior side walls; and
iv. All architecturally significant public interiors.
2. For the replication or restoration of contributing buildings, but not for noncontributing
buildings, the historic preservation board may, at their discretion, waive the requirements of
subsection(b)(2)d.1.abnve, and allow for the retention of the existing structure's floor area,
height, setbacks or parking credits, if at least one of the following criteria is satisfied, as
determined by the historic preservation board:
i. The structure is architecturally significant in terms of design, scale, or massing;
ii. The structure embodies a distinctive style that is unique to Miami Beach or the
historic district in which it is located;
iii. The structure is associated with the life or events of significant persons in the City;
iv. The structure represents the outstanding work of a master designer, architect or
builder who contributed to our historical, aesthetic or architectural heritage;
v. The structure has yielded or is likely to yield information important in prehistory or
history; or
vi. The structure is listed in the National Register of Historic Places.
Notwithstanding the above, for buildings over three (3) stories in height, at least 75% of the
front facade and 75% of any architecturally significant portions of the street side facades
shall be retained and preserved, in order to retain any non-conforming floor area, height,
setbacks or parking credits. If the historic preservation board does not waive the
requirements of subsection (b)(2)d.1. above for any reason, including the inability of a
reconstructed building to meet the requirements of the applicable building code, any new
structure shall be required to meet all current development regulations for the zoning
district in which the property is located.
SECTION 2. That Chapter 118, Entitled "Administration and Review Procedures", Article
X, Entitled "Historic Preservation", Division 3, Entitled "Issuance of Certificate of
Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition", of the
Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 118-561. General requirements.
~ A certificate of appropriateness issued under this chapter shall be required prior to
the issuance of any permit for new construction, demolition, alteration, rehabilitation,
renovation, restoration, signage or any other physical modification affecting any building,
structure, improvement, landscape feature, public interior or site individually designated in
accordance with sections 118-591, 118-592 and 118-593, or located within an historic
district unless the permit applied for is exempted pursuant to subsection 118-503(b), or
prior to any construction, demolition, alteration, rehabilitation, signage or any other exterior
or public interior physical modification, whether temporary or permanent, without a permit,
being undertaken. A certificate to dig shall be required prior to the initiation of any
3
development involving the excavation or fill on a historic site or in a historic district
designated as archaeologically significant pursuant to the provisions of this article. The
procedure to obtain a certificate to dig, or to designate a historic site as archaeologically
significant, shall be the same as indicated in section 118-562 for a certificate of
appropriateness.
fib) Certificate of Appropriateness conditions and safeguards.
In granting a certificate of appropriateness, the historic preservation board and the planning
department may prescribe appropriate conditions and safeguards, either as part of a
written order or on approved plans. Violation of such conditions and safeguards, when
made a part of the terms underwhich the certificate of appropriateness is granted, shall be
deemed a violation of these land development regulations.
Sec. 118-564. Decisions on certificates of appropriateness.
(f) Certificate of appropriateness for demolition.
(6) A building permit shall not be issued for the demolition of any building, structure,
improvement, landscape feature, public interior or site individually designated in
accordance with sections 118-591, 118-592 and 118-593, or located within an historic
district until the new or replacement construction forthe property has been approved and a
full building permit for the new construction has been issued. For noncontributing structures
located in one of the city's historic districts, this requirement may be waived or another
permit substituted at the sole discretion of the historic preservation board.
SECTION 3. That Chapter 118, Entitled "Administration and Review Procedures", Article
VI, Entitled "Design Review Procedures", of the Land Development Regulations of the
Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-264. Design Review Approval conditions and safeguards.
In granting design review approval, the design review board may prescribe appropriate
conditions and safeguards either as part of a written order or on approved plans. Violation
of such conditions and safeguards, when made a part of the terms underwhich the design
review approval is granted, shall be deemed a violation of these land development
regulations
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
4
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. APPLICABILITY.
Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the
enforcement of amendments to the land development regulations, for purposes of this
ordinance, those projects that have received approval prior to June 26, 2007 shall be
permitted to request an Extension of Time for obtaining a full building permit, based upon
the plans. originally submitted and approved. Such Extension of Time shall not exceed
one-year and no additional Extension of Time, under any circumstance, shall be permitted.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 5th day of September 007.
ATT ST:
~~~~""" 1
CITY CLERK
Robert Parcher
First Reading:
Second Reading:
Verified by:
J
nirid Director
CP
Matti Herrera Bower
Vice-Mayor
APPROVED AS TO
FORM & LANGUAGE
ORE CUTION
r` ~ 3n 0~
Y , i ~ ttorney Date
Underscore denotes new language
08/30/2007
T:\AGENDA\2007\SEP0507\REGULAR\RECONSTRUCTION AND SAFEGUARDS 2007 - ORD.SEP.DOC
5
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amendment -Reconstruction of Contributing Buildings; DRB and HPB Safeguards
Ke Intended Outcome 5u orted:
Increase satisfaction with development and growth management across the City.
Increase satisfaction with nei hborhood character.
Supporting Data (Surveys, Environmental Scan, etc.): Impact of construction was ranked No. 4 as one
of the most important area affecting the quality of life; and development/construction was ranked No. 5 by
residents as one of the changes that will make Miami Beach a better place to live; 57% of residents rated
the ace of new construction across the Ci as too much or much too much.
Issue:
Shall the City Commission approve an Ordinance Amendment to modify and clarify the reconstruction
requirements for contributing structures, as well as establish 'Safeguards' for DRB and HPB approved
projects?
Item Summa
SECOND READING PUBLIC HEARING
The proposed Ordinance establishes new requirements and criteria pertaining to the reconstruction of
contributing structures that are non-conforming in terms of height, FAR and parking. The Ordinance also
establishes a specific enforcement procedures for all projects approved by the Design Review and Historic
Preservation Boards.
On July 11, 2007 the City Commission approved the ordinance on first reading and scheduled a second
reading public hearing for September 5, 2007.
The Administration recommends that the City Commission adopt the ordinance.
Advisory Board Recommendation:
On October 10, 2006, the Historic Preservation Board reviewed the ordinance and recommended
approval. On April 9, 2007, the Land Use and Development Committee reviewed the proposed
Ordinance and recommended approval. On June 26, 2007 the Planning Board transmitted the
proposed Ordinance to the City Commission with a favorable recommendation.
Financial Information:
Source of Amount Account
Funds: q
N/A 2
3
OBPI Total
Financial Impact Summary: N/A
Ci Clerk's Office Le islative Trackin
Thomas Mooney -Planning Department
Si n-Offs:
Department Director Assistant City Manager City Manager
~~ ~ ~ ~ ~ AGENDA ITEM ~ ~C'
~ SATE -' S ~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, voww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: September 5, 2007
SUBJECT: RECONSTRUCTION OF CONTRIBUTING BUILDINGS
DESIGN REVIEW AND HISTORIC PRESERVATION SAFEGUARDS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE IX, "NONCONFORMANCES," BY AMENDING
SECTION 118-395 TO CLARIFYAND UPDATE CERTAIN PROCEDURES AND
REQUIREMENTS FOR THE RETENTION OF A NONCONFORMING
STRUCTURE, BY AMENDING ARTICLE X, "HISTORIC PRESERVATION",
DIVISION 3, "ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION", BY AMENDING SECTION 118-561
TO CREATE A CONDITIONS AND SAFEGUARDS SECTION FOR
CERTIFICATES OF APPROPRIATENESS, BY AMENDING SECTION 118-564
TO MODIFY THE REQUIREMENTS FOR OBTAINING A DEMOLITION PERMIT,
BY AMENDING ARTICLE VI, "DESIGN REVIEW PROCEDURES", BY
CREATING SECTION 118-264 TO ADDRESS CONDITIONS AND
SAFEGUARDS FOR DESIGN REVIEW APPROVAL; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
Recently, a development application came before the Historic Preservation Board, wherein
the applicant proposed to completely demolish and reconstruct a non-conforming,
contributing building. While the subject structure did have a number of structural
deficiencies, it also exceeded the maximum FAR requirements of the City Code (by almost
100°/a), and it did not meet the parking requirements of the code (zero parking was
proposed), nor the setback requirements.
Under normal circumstances, the reconstruction of anon-conforming structure would require
variances from the Zoning Board of Adjustment for inconsistencies with the setback
requirements of the Code, and, since the property is located within an historic district, a
parking impact fee would be required for the parking spaces not provided. However, there is
Reconstruction and Safeguards
September 5, 2007
Page 2 of 3
no variance from maximum FAR requirements.
Notwithstanding the inability to pursue a variance for non-conforming FAR, pursuant to
Section 118-395 of the City Code, even if the amount of demolition proposed exceeds the
thresholds setforth in the Code, the Historic Preservation Board may, at their discretion,
waive the zoning requirements and allow for the retention of an existing structure's floor
area, height, setbacks or parking credits.
The legislative intent of the 'non-conforming structures' section of the City Code was to
encourage the retention and preservation of historic buildings by allowing non-conforming
structures, which are designated contributing and located within a local historic district, to
retain certain zoning rights that are otherwise not permitted (even through the variance
procedure). As presently written, the non-conforming structures section of the Code also
allows a zoned increase in FAR, without a public referendum.
The Administration has very serious concerns with recent development applications, wherein
contributing buildings that were substantially non-conforming were proposed to be
demolished and reconstructed. The rationale for reconstructing non-conforming floor area
was to incentivize the substantial renovation of a contributing building, not to reward years of
inactivity and a gross lack of adequate maintenance. In these particular instances, no effort
was made to retain and preserve at least a portion of the more significant portions of the
structure.
ANALYSIS
The non-conforming structures section of the Code specifies that 75% of the front and street
side facades and 66% of the interior side facades must be retained in order to maintain any
non-conforming FAR, setbacks, height and parking credits. However, the Historic
Preservation Board has the discretion to waive these requirements, if a project meets certain
architectural and appropriateness requirements.
Previously, the Administration had proposed that at least 75% of the front facade and 75% of
any architecturally significant portions of a street side facade be retained and preserved, in
order to retain any non-conforming zoning rights. The Land Use and Development
Committee revised this proposal so that it would only be applicable to those structures
greater than 3 stories in height.
This Code change will assure that the retention of any non-conforming FAR, setbacks,
height and parking requirements is based upon the substantial `retention' of a contributing
structure, as opposed to a far less expensive 'reconstruction.' Although this would not meet
the threshold requirements established under Section 118-395, good faith efforts to retain
and preserve the most significant parts of a structure would result, and affected development
projects could still be characterized as `restorations' as opposed to 'replications'. This
change becomes all the more important for those projects that significantly exceed the
maximum FAR for a site and do not provide any parking.
The Administration is also recommending that for nonconforming buildings in historic
districts that exceed the 50 percent rule, all hotel units be required to meet the minimum and
average unit size requirements, in addition to apartment units. The Historic Preservation
Board has recommended that the Ordinance not include this revision, in order to incentivize
hotel renovations and redevelopment.
In addition to the modifications to Section 118-395, the Administration is recommending
Reconstruction and Safeguards
September 5, 2007
Page 3 of 3
minor changes to the Historic Preservation and Design Review sections of the Code, in
order to create `safeguards'. Specifically, all appropriate conditions and safeguards, either
as part of a written order or on approved plans, would be required to be adhered to, and the
violation of such conditions and safeguards would be deemed a violation of the Code.
Finally, under the certificate of appropriateness for demolition section of the Code, a
sentence has been added requiring that new or replacement construction for a property be
approved before a demolition permit can be issued.
On October 10, 2006, the Historic Preservation Board reviewed the subject Ordinance and
recommended approval.
On December 6, 2006 the City Commission referred the subject Ordinance Amendment to
the Land Use and Development Committee. The Land Use and Development Committee
reviewed the proposed Ordinance on April 9, 2007 and recommended approval.
On June 26, 2007, the Planning Board considered the proposed Ordinance Amendment and
transmitted it to the City Commission with a favorable recommendation.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall
be necessary in order to enact any amendments to the Land Development Regulations.
JMG/TH/JGG/TRM
T:WGENDA\2007\sep0507\Regular\Reconstruction and Safeguards 2007 - MEM.sep.doc
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m MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the
Mayor and City Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami. Beach, Florida, on
Wednesday, September 5, 2007, to consider the following:
10:15 a.m.
An Ordinance Amending Miami Beach City Code Chapter 102, Entitled `Taxation;" By
Amending Article V, Therein, Entitled "Local Business Tax;" Amending Section 102-379,
Therein, Entitled. "Schedule Of Taxes," By Adding Additional Business Tax Receipt Codes And
Clarifying Language.
Inquiries may be directed to the Finance Department at (305) 673-7466.
faro a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The C' Of
Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article IX
Noncronformances," By Amending Section 118-395 To Clarify And Update Certain Procedures
And Requirements For The Retention Of A Nonconforming Structure, By Amending Article X,
"Historic Preservation," Division 3, "Issuance Of Certificate Of Appropriateness/Certificate To
Dig/Certdicate Of Appropriateness For Demolition," Byy Amending Section 118-561 To Create A
Conditions And Safeguards Section For Cert'rficates Of Appropriateness, By Amending Section
118-564 To Modify The Requirements For Obtaining A Demolition Permft, By Amending Article
VI, "Design Review Procedures", By Creating Section 118-264 To Address Conditions And
Safeguards For Design Review Approval.
Inquiries may be directed to the Planning Department at (305) 673-7550.
1x30 a.m.
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 130 "Off-Street Parking," Article II "Districts; Reqquirements" Amending Section 130-32
"Off-Street Parking Requirements For Parking District No. 1" And Section 130-33 "Off-Street
Parking Requirements For Parking Districts Nos. 2, 3 And 4" By Reducing The Parking
Requirements For Housing For Low And/Or Moderate Income Elderly.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10•.36 a.m.
An Ordinance Amending The Land Development Regulations Of The Ciiy Code By Amending
Chapter 142 "Zoning Districts And Regulations," Article IV "Supplementary District
Regulations," Division 4 "Supplementary Yana Regulations" By Amending Section 142-1132
"Allowable Encroachments Within Required Yams," Section 142-1132(0) "Projections" By
Amending The Permitted Width Of Walkway Encroachments In Required Yams For Purposes
Of Complying With Accessibility Requirements, And By Clarifying Technical Language
Regarding Allowable Encroachments.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 142, "Zoning Distr"acts And Regulations; Article II,
"District Regulations," Division 2, "Single-Family Residential Districts," By Revising Procedures
For The Review And Approval Of Demolition Requests For Single Family Homes Constructed
Prior To 1942 And Not Located Within A Designated Historic District.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal notice would
not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: ff 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 ensure 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 for 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
218 y city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-
(7-fl() five days in advance to initiate your request. TTY users may also call 711 (Florida
Relay Service).
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