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Legislation
Ordinance
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 15-00011 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"HISTORIC PRESERVATION," MORE PARTICULARLY BY AMENDING SECTION
23-4 BY REFINING THE PROCESS BY WHICH PROPERTIES ARE NOMINATED
TO BE EVALUATED FOR DESIGNATION; SECTION 23-6 BY RESTRICTING
CERTAIN USES IN THE MIAMI MODERN/BISCAYNE HISTORIC DISTRICT; AND
UPDATING THE MULTIPLIER USED IN THE TRANSFER OF DEVELOPMENT
RIGHTS CALCULATION; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the preservation of the City of Miami's ("City") historic resources is a significant
goal in the City's overall vision for its future; and
WHEREAS, the public's ability to nominate historic resources should be protected; and
WHEREAS, the increasing competition for land and the relative expense of maintaining
significant resources in their historic condition, has made historic preservation exceedingly difficult
financially, particularly when the land is zoned for high density use; and
WHEREAS, areas within the City exist where greater intensity may be desirable, and these
areas may be described as "receiving sites" for the purpose of the sale of transfers of development
rights ("TDRs"); and
WHEREAS, areas within the City's Miami Modern/Biscayne Historic District may benefit from
an upzoning that prohibits undesirable uses;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 23 of the Code of the City of Miami, Florida, as amended, entitled "Historic
Preservation," is amended in the following particulars: {1}
"CHAPTER 23
ARTICLE I. HISTORIC PRESERVATION
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Sec. 23-4. Designation of historic resources, historic districts, and archaeological sites and zones
(c) Procedures for designation. Properties which meet the criteria set forth in section 23-4 may be
designated as historic resources, historic districts, and archaeological sites and zones according to the
following procedures:
(1) Proposals and preliminary evaluation. Proposals for designation may be made to the board by any
one of its members, the mayor, the city commi lion the planning department any other city
business entity the City Manager, resolution of the Planning, Zoning and Appeals Board, resolution of
the City Commission, the property owner, resolution of the County Historic Preservation Board,
resolution of any organization that has been a registered non-profit corporation in the State of Florida
for at least five (5) years with a recognized interest in historic preservation, or the Preservation Officer.
The board shall conduct a preliminary evaluation of the data provided in the proposal for conformance
with criteria set forth in subsection (a); and shall, if appropriate, direct the planning department to
prepare a designation report. The board may require the party initiating such proposal to provide any
necessary documentation, and to pay any applicable fees.
*
*
Sec. 23-6. Transfer of development rights 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.
It is the intent of this section to encourage the preservation of historic resources by creating a process
whereby the otherwise unusable development rights for historic resources may be converted into an
asset that may be sold to a receiving site located within a T-6 transect, where a public benefits bonus
may be used. Owners of eligible properties shall be issued a "certificate of eligibility" following
confirmation that the property meets the criteria established in subsection (1) or has been determined
eligible under the process described in subsection (3).
(1) Eligible properties (sending sites).
a. Under the TDR provisions described in this section, a property owner is automatically eligible to
apply to sell their unused development rights if the property is located in a T4-O transect or higher, and
is classified as one or more of the following:
1. Individually listed in the national register of historic places;
2. Listed as a contributing property within a national register district;
3. Individually listed in the Miami register of historic places under the provisions of section 23-4;
4. Listed as a contributing property within a local historic district under the provisions of section 23-4;
5. Qualified as an "eligible historic resource," after having met the criteria for eligibility set forth in
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subsection (3), and so determined by the HEPB.
6. Otherwise qualifies as a historic resource, but that has lost its historic integrity because of major
alterations and/or additions; provided that it can be shown to the HEPB that:
A. The building's original appearance can be documented;
B. The owner applies for and receives a special certificate of appropriateness, detailing the steps to
be taken to restore the original appearance of the building;
C. The owner substantially completes the proposed restoration activity before an application for
transfer of development rights is submitted.
7. A multi -family residential structure in a T4-R Transect, shall be eligible for the TDR program, only in
the event it is:
A. Individually listed in the National Register of Historic Places; and/or
B. Individually listed in the Miami Register of Historic Places.
C. Qualified as an "eligible historic resource" by the HEPB after having met the criteria for eligibility
set forth in subsection (3), for an individually significant resource.
For those individual buildings that are Locally Designated Historic Resources on the Miami register of
historic places and deemed eligible by the Preservation Officer to participate in the Transfer of
Development Rights ("TDR") program under the terms of Section 23-6, the Zoning Administrator or her
designee shall calculate the unused development potential (base development rights) that may be
transferred to a receiving property at two hundred twenty five percent (225%) per square foot of the
available square feet permitted by the underlying Transect Zone, thereby recognizing the significance
of Miami's Locally Designated Historic Resources and the additional requirements associated with the
rehabilitation of a historic property.
B.O.A contributing or non-contributing resource contained within the boundaries of the Miami Modern
(MiMo)/Biscayne Boulevard Historic District shall be eligible for the TDR incentive as further described
in subsection (2).
(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 significance, or represent an improvement that maintains the
high standards of appearance for the entire historic district, as determined by the HEPB.
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Further, the TDR incentive shall be available to the structures judged as non-contributing only in the
MiMo/Biscayne Boulevard historic district. 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, no additional car washcs or service stations shall be permitted within the historic
which this section derives shall be grandfathered and allowed to remain.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 (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 program 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 two
and one quarterhundred twenty five percent (225%)per square foot of the available square feet
permitted by the underlying transact, 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 Modem (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.
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 one and three quarterchundred seventy five
percent (175%)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.
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 Ordinance shall not be affected.
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Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
APPROV-ED AS T FOR,MAND CORRECTNESS:
VICTORIA P ENDEZ
CITY ATTORNEY /
Footnotes:
{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.
{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.
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