Item Coversheet

Ordinances - R5  B




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  24, 2020
 

9:15 a.m. Second Reading Public Hearing

SUBJECT:

HISTORIC PRESERVATION REVIEW OF GU HEIGHT WAIVERS

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 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 9, ENTITLED "GU GOVERNMENT USE DISTRICT," BY AMENDING SECTION 142-425, ENTITLED "DEVELOPMENT REGULATIONS," TO MODIFY THE REVIEW PROCEDURES FOR WAIVERS OF HEIGHT REQUIREMENTS ON LOTS WITH A GU ZONING DESIGNATION; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission adopt the subject ordinance.

BACKGROUND/HISTORY

On September 12, 2018, at the request of Commissioner Michael Gongora, the City Commission referred a discussion item (C4A) to the Land Use and Development Committee (LUDC) pertaining to an Ordinance amendment to provide for a recommendation by the Historic Preservation Board, prior to any GU waiver of development regulations within a local historic district.

On October 31, 2018 the item was deferred to the November 28, 2018 LUDC meeting. On November 28, 2018 the LUDC discussed the item and recommended that the City Commission refer a draft ordinance amendment to the Land Development Regulations to the Planning Board.

On January 16, 2019, at the request of Vice-Mayor Michael Gongora, the City Commission referred the attached Ordinance to the Planning Board (Item C4W).

ANALYSIS

PLANNING ANALYSIS
As proposed, the draft ordinance would amend Section 142-425 of the City Code by requiring that waivers of height regulations for properties zoned GU (Government Use), and which are also located within an historic district, be referred to the historic preservation board for review and recommendation. In order to address timing and not delay the waiver process, the proposed amendment requires that the referral be placed on the next available agenda of the historic preservation board.

Additionally, the board must review the height waiver and provide a recommendation to the City Commission within 45 days of such referral. If the historic preservation board does not provide a recommendation to the City Commission within this 45 day period, for any reason, it shall result in the satisfaction of this recommendation requirement.

PLANNING BOARD REVIEW
On February 26, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).

UPDATE
The subject ordinance was considered at first reading on March 13, 2019 and deferred to the December 11, 2019 meeting. On December 11, 2019 the ordinance was deferred to the January 15, 2020 meeting. The subject ordinance came before the City Commission on January 15, 2020 and was deferred to February 12, 2020, due to the length of the agenda.  On February 12, 2020 the City Commission approved the subject ordinance at first reading with no changes.


CONCLUSION

The administration recommends that the City Commission adopt the subject ordinance.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Planning
Sponsor
Commissioner Michael Gongora and Co-sponsored by Mayor Gelber & Commissioner Samuelian

ATTACHMENTS:
Description
Form Approved ORDINANCE