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Home My WebLink AboutO-14323City of Miami Ordinance 14323 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15353 Final Action Date: 10/24/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I/SECTION 23-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION/TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND ESTABLISHING A 35-FOOT HEIGHT LIMIT," TO ALLOW HEIGHT INCREASE FOR PROJECTS PROVIDING A PUBLIC BENEFIT BY A PUBLIC AGENCY, TO THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT COMMUNITY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, the City of Miami ("City") is just over one hundred years old; and WHEREAS, the preservation of the City's historic resources is a significant goal in the City's overall vision for its future; and WHEREAS, the MiMo/Biscayne boulevard Historic District is severely impacted by a parking shortage; and WHEREAS, the Florida Department of Transportation ("FDOT") has performed a traffic study along the Biscayne Corridor between Northeast 63 Street and Northeast 75 Street to determine feasibility of on -street parking for the corridor; and WHEREAS, said study indicates that on -street parking may only be achieved for the corridor if improvements to the existing bicycle corridor are completed along alternative routes available within the surrounding area; and WHEREAS, currently, no alternative routes have been identified to achieve the improvements anticipated to allow on -street parking along the corridor; and WHEREAS, the adjacent commercial corridor, the Palm Grove Historic District, is negatively affected by the parking shortage in the Miami Modern ("MIMO")/Biscayne Boulevard Historic District; and WHEREAS, no building or structure contained within the boundaries of the MIMO/Biscayne Boulevard historic district shall exceed thirty-five (35) feet in height pursuant to Section 23-6.2(b) of the Code of the City of Miami, Florida, as amended ("City Code"); and City of Miami Page 1 of 5 File ID: 15353 (Revision: A) Printed On: 11/6/2024 File ID: 15353 Enactment Number: 14323 WHEREAS, the City provides, in certain conditions, bonus allowable height in exchange for public benefits; and WHEREAS, areas within the City's MIMO/Biscayne Boulevard Historic District, Palm Grove Historic District, and other residential neighborhoods may benefit from public benefits such as additional parking infrastructure in the MIMO/Biscayne Boulevard Historic District; and WHEREAS, parking infrastructure is a project development which directly implements the Goals, Objectives, and Policies, of the City of Miami Comprehensive Neighborhood Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 23 of the City Code is further amended in the follow particulars:1 "CHAPTER 23 HISTORIC PRESERVATION ARTICLE I. HISTORIC PRESERVATION Sec. 23-6. Transfer of development rights and density for historic resources; provision for a determination of eligibility process, and special provisions for resources within the Miami Modern (MiMo)/Biscayne Boulevard Historic District; prohibiting certain uses; and establishing a 35-foot height limit. (2) Miami Modern (MiMo)/Biscayne Boulevard historic district. On June 6, 2006, the HEPB designated that portion of Biscayne Boulevard from NE 50th Street on the South to NE 77th Street on the north, as a historic district. Historically, Biscayne Boulevard was a premier shopping destination, and later the principal corridor leading tourists to the spectacular attractions in the Miami area. As the MiMo/Biscayne Boulevard historic district is the only overwhelmingly commercial historic district in the city that has been listed in the Miami register of historic places, it is deemed deserving of special considerations not applicable to the residential historic districts. Over the years, inappropriate infill construction changed the character of Biscayne Boulevard, resulting in a less -than -cohesive character. It is the desire of the city to encourage new construction and improvements or remodelings to existing structures so that they either return to the classic types prevalent during the historic periods of 1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 5 File ID: 15353 (Revision: A) Printed on: 11/6/2024 File ID: 15353 Enactment Number: 14323 significance, or represent an improvement that maintains the high standards of appearance for the entire historic district, as determined by the HEPB. Further, the TDR and TDD incentives shall be available to the structures judged as non-contributing only in the MiMo/Biscayne Boulevard historic district and only when the proposed work will bring the property closer to becoming a contributing structure as determined by the HEPB. The incentive for non-contributing buildings is intended to promote reinvestments within the overall area encompassed by the historic district leading to its betterment. a. Permitted uses. In a further effort to maintain a balance of retail, entertainment, lodging and services uses, any commercial, civic, civil support, and educational use within the MiMo Biscayne historic district shall be limited to only those permitted under the T4-O transect zone. b. Calculations of available development rights and development density (sending property) for the MiMo (Miami Modern)/Biscayne Boulevard Historic District. 1. For those contributing properties contained within the Miami Modern (MiMo)/Biscayne Boulevard Historic District deemed eligible by the preservation officer to participate in the TDR and TDD programs under the terms of section 23-6, the zoning administrator or their designee shall calculate the unused development potential (base development rights) that may be transferred to a receiving property at 225 percent per square foot of the available square feet permitted by the underlying transact. The zoning administrator or designee shall also calculate the unused density potential that may be transferred to a receiving site rounding to the nearest hundredth unit, thereby recognizing the additional requirements associated with the rehabilitation of a historic property. Notwithstanding these calculations, based on the allowable development rights prescribed by the Miami 21 Code transects for this historic district, no building or structure contained within the boundaries of the Miami Modern (MIMO)/Biscayne Boulevard historic district shall exceed 35 feet in height. Buildings existing at the time of passage of the ordinance from which this section derives shall be grandfathered and allowed to remain. A. Notwithstanding the above, new construction of a single project on a one (1) acre contiguous lot or larger not to be separated by a street or alley, situated wholly within the existing boundaries of the MiMo/Biscayne Boulevard Historic District as of October 1, 2024, which provides a public benefit provided by the City of Miami or one of its agencies, to the Miami Modern (MIMO) / Biscayne Boulevard Historic District community, the HEPB may grant an additional height allowable up to but not to exceed 20 feet of additional height above the maximum height permitted, for a total of 55 feet, consistent with the procedures in City Code Chapter 23 Historic Preservation. Solely for the purposes of Chapter 23-6, a public benefit shall require the following: Infrastructure improvements that are not required by local, state or federal regulations, which may include but is not limited to, public parking, sustainability measures, streetscape City of Miami Page 3 of 5 File ID: 15353 (Revision: A) Printed on: 11/6/2024 File ID: 15353 Enactment Number: 14323 improvements, and alternative transportation services accessible to the public; and A value no less than $6 million dollars, which must be determined by an independent appraisal conducted by a certified professional. 2. For those non-contributing properties contained within the Miami Modern (MiMo)/Biscayne Boulevard Historic District as described in section 23-6, the zoning administrator or their designee shall calculate the base unused development rights at 175 percent per square foot of the total available square feet permitted by the underlying transect which shall be available for transfer (sale). The lot itself may be developed at 100 percent of its capacity under the requirements of the historic district guidelines, and the Miami 21 Code. Notwithstanding these calculations, based on the allowable development rights prescribed by the Miami 21 Code transects for this historic district, no building or structure contained within the boundaries of the Miami Modern (MIMO)/Biscayne Boulevard historic district shall exceed 35 feet in height. Buildings existing at the time of passage of the ordinance from which section derives shall be grandfathered and allowed to remain. A. Notwithstanding the above, new construction of a single project on a one (1) acre contiguous lot or larger not to be separated by a street or alley, situated wholly within the existing boundaries of the MiMo/Biscayne Boulevard Historic District as of October 1, 2024, which provides a public benefit provided by the City of Miami or one of its agencies, to the Miami Modern (MIMO) / Biscayne Boulevard Historic District community, the HEPB may grant an additional height allowable up to but not to exceed 20 feet of additional height above the maximum height permitted, for a total of 55 feet, consistent with the procedures in City Code Chapter 23 Historic Preservation. Solely for the purposes of Chapter 23-6, a public benefit shall require the following: i. Infrastructure improvements that are not required by local, state or federal regulations, which may include but is not limited to, public parking, sustainability measures, streetscape improvements, and alternative transportation services accessible to the public; and ii. A value no less than $6 million dollars, which must be determined by an independent appraisal conducted by a certified professional. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Resolution shall not be affected. City of Miami Page 4 of 5 File ID: 15353 (Revision: A) Printed on: 11/6/2024 File ID: 15353 Enactment Number: 14323 Section 4. This Ordinance shall become effective ten (10) day after adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y tor -v 1D115/2024 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 5 of 5 File ID: 15353 (Revision: A) Printed on: 11/6/2024