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HomeMy WebLinkAboutSubmittal-Lucia Dougherty-Legislation Amendment SuggestionsCity of Miami Legislation Ordinance Submitted into the public record for item(s) • 2 on 2. 12. 1 S City Clerk 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 {"TORs"); 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} "CHAPTER23 ARTICLE I. HISTORIC RESERVATION 5- 000II- J'ubmiH-G1\-Lu( LQ \ 10-huYA Aroe,0vM- SO vThuY1S City of Miami Pagel of 5 File Id: 15-00011 (Version.]) Printed On: 21212015 File Number: 15-00011 Submitted into the public record for item(s) F .2 on 2•1 .• IS City Clerk 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, ty department, 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 TOR 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 T4-0 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 City of Miami Page2of5 File Id: 15-00011 (Version: 1)Printed On: 212/2015 Submitted into the public record for item(s) Fi2..t- on 2 ' 12. I S . City Clerk File Number: 15-00011 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 ("TOR") 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. 8..D.A contributing or non-contributing resource contained within the boundaries of the Miami Modern (MiMo)/Biscayne Boulevard Historic District shall be eligible for the TOR 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 MiMe/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. City of Miami 2/212015 Page3 ofS File Id: 15-00011 (Version.]) Printed On: Submitted into the public record for items) f .2 on City Clerk File Number: 15-00011 Further, the TOR incentive shall be available to the structures judged as non-contributing only in the MiMe/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'Nashes or service sta e par.00ge of the ordinance from LJ#. Mowed 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 T4-0 Transect Zone. However, Commercial Uses in existing offices structures are permitted without size limitations for establishments. (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 quarter hundred 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 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. 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 quarters hundred 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. 3. TDRs for propert/(ies) located in the T-4 Transect Zone shall be calculated as if the property(ies) were located in a T-5 Transect Zone. 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. City of Miami 212/2015 Page4 of 5 File Id' 15-00011 (Version: J) Printed On: File Number: 15-00011 Submitted into the public record for item(s) F - • �. on 2• 12.65 . City Clerk Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} 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. City of Miami 21212015 Page 5 of5 File Id: 15-00011 (Version:]) Printed On: