NORTH SHORE LOCAL HISTORIC DISTRICT-TATUM WATERWAY EXPANSION

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE MIAMI BEACH CITY CODE, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION," DIVISION 4, "DESIGNATION," SECTION 118-593, "HISTORIC PRESERVATION DESIGNATION," BY ADOPTING THE DESIGNATION OF THE NORTH SHORE HISTORIC DISTRICT TATUM WATERWAY EXPANSION, WHICH IS GENERALLY BOUNDED BY 77TH STREET ON THE SOUTH, HAWTHORNE AVENUE AND CRESPI BOULEVARD ON THE WEST, 87TH STREET ON THE NORTH, AND TATUM WATERWAY DRIVE AND BYRON AVENUE ON THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO INCLUDE THE NORTH SHORE HISTORIC DISTRICT TATUM WATERWAY EXPANSION; ADOPTING THE DESIGNATION REPORT ATTACHED HERETO AS APPENDIX "A"; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
As noted in the ‘Background’ section of this memo, in 2016 the Planning Department presented a Preliminary Evaluation and Recommendation Report relative to the possible designation of the North Shore Local Historic District. All properties recommended for local historic designation in the North Beach Master Plan were evaluated, including those located within the subject Tatum Waterway expansion area, and were found to satisfy the minimum requirements for historic designation as outlined in Section 118-592 of the City Code.

During the evaluation process, staff had prioritized areas for local historic district designation that were determined to contain the highest concentration of contributing buildings. At that time, the area surrounding the Tatum Waterway was not identified by staff as a priority for local designation due to a lesser concentration of contributing buildings and its vulnerability to the impacts of sea level rise. On December 5, 2016, the City Commission reviewed the boundaries, and removed the area along the Tatum Waterway from consideration as part of the North Shore Local Historic District.

On September 25, 2017, the City Commission passed Resolution No. 2017-30013 reaffirming its intention to implement the entirety of the North Beach Master Plan. Subsequent to this resolution, the Historic Preservation Board initiated the designation process and recommended in favor of the historic designation for the Tatum Waterway expansion of the North Shore Historic District. The Planning Board then reviewed the proposed historic designation and transmitted an ordinance expanding the North Shore Historic District to the City Commission and on May 16, 2018, the City Commission adopted an ordinance expanding the North Shore Local Historic District to include the area surrounding the Tatum Waterway.

On September 1, 2020, the City Manager initiated the process of re-noticing the designation of the North Shore Historic District Tatum Waterway Expansion to avoid irreparable harm and in an abundance of caution while the City seeks review of the recent circuit court appellate division decision in YTech-180 Units Miami Beach Investment, LLC v. City of Miami Beach (Fla. 11th Cir. Case No. 2018-184-AP-01). Without waiving any right to further challenge the circuit court’s decision, without waiving any argument, defense, or claim, and to protect the historic resources at issue, the City will be providing notice in accordance with the circuit court’s construction of Section 118-591(f) and Section 118-8 of the City Code of Miami Beach.

PLANNING BOARD REVIEW
On April 27, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-1.

UPDATE

The designation Ordinance was approved at First Reading on May 12, 2021, with no changes.