| | | | | | | |  | Ordinances - R5 P
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | July 29, 2020 | | | | First Reading
| | SUBJECT: | REPLACEMENT OF FLOOR PLATES IN NONCONFORMING CONTRIBUTING BUILDINGS
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 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES,” BY AMENDING SECTION 118-395, ENTITLED “REPAIR AND/OR REHABILITATION OF NONCONFORMING BUILDINGS AND USES,” TO AUTHORIZE THE HISTORIC PRESERVATION BOARD TO APPROVE THE RECONSTRUCTION OF ORIGINAL INTERIOR FLOOR PLATES IN CONTRIBUTING BUILDINGS ON LOTS THAT ARE NON-CONFORMING AS TO FLOOR AREA RATIO (FAR), SUBJECT TO CERTAIN SPECIFIED CONDITIONS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for December 9, 2020. |
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| | | | | | | | BACKGROUND/HISTORY
| On July 17, 2019, the City Commission approved the following ballot question, which was placed on the November 5, 2019 election ballot:
Ordinance authorizing new floor area within interior of historic buildings for adaptive reuse
Floor area ratio ("FAR") is the measure the City utilizes to regulate the overall size of a building. Currently, new floor area cannot be added to the interior of historic buildings that have no available floor area, unless the City's voters approve an FAR increase, pursuant to Charter Section 1.03(c).
Shall City Commission adopt an Ordinance authorizing the use of new floor area within historic buildings for the adaptive reuse of such buildings?
The ballot measure failed by a very narrow margin. Out of 9,380 votes cast for this particular ballot measure, 4,592 voted yes (49%) and 4,788 voted no (51%).
On June 24, 2020, at the request of Mayor Dan Gelber, the City Commission referred the attached ordinance to the June 30, 2020 meeting of the Land Use and Sustainability Committee (LUSC), as well as the Planning Board. On June 30, 2020, the LUSC recommended that the Planning Board transmit the proposal to the City Commission with a favorable recommendation. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The proposed referral pertains to an amendment to Chapter 118, Article IX of the LDR’s that would allow the historic preservation board to approve the reconstruction of original, interior floor plates, as part of the restoration of a contributing building. For example, if a contributing building that is legal non-conforming as to FAR sought to reconstruct original interior floors that were previously removed, the HPB could allow for the reconstruction of those floors, as part of a restoration project. This is not possible under the current regulations of the code.
The draft regulations would only apply to existing structures that are classified as ‘contributing’ in the city’s historic properties database, and which are located within a locally designated historic district. Additionally, the reconstruction of the original floor plates would be subject to the review and approval of the HPB and would only be allowable for interior floor plates removed prior to June 4, 1997. The reason for establishing this particular date is so the applicability of the provision would be limited to those floor plates removed prior to the date of approval of the first charter amendment requiring voter approval of increases in FAR.
From a policy standpoint the administration is supportive of this proposal, as it will provide the HPB with the ability to review and authorize the reconstruction of original interior floor plates in nonconforming, contributing buildings. Although a similar ballot measure failed last November, the administration believes that limiting this proposal to the reconstruction of original floors in contributing buildings will make this proposal more acceptable. The previous ballot measure included a much broader application, that would have allowed non-original floor plates to be reconstructed. This likely contributed to the failure of the measure.
CITY CHARTER
In order to amend the Land Development Regulations of the City Code to allow an increase in zoned floor area, pursuant to City Charter Section 1.03(c), approval of the City’s voters will be required. The following is the language in Section 1.03(c):
The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.
An increase in zoned FAR includes, but is not limited to, modifications of the definition of floor area, amendments to the exclusions of floor area and a direct increase in the FAR number. The proposed ordinance requires a ballot question as it would result in an increase in zoned FAR “by zoning, transfer, or any other means” pursuant to City Charter Section 1.03(c).
A separate item is on the City Commission agenda to consider adopting a resolution to place a ballot question on the City’s November 3, 2020 ballot.
PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on July 27, 2020 and transmit the ordinance to the City Commission. The administration will update the City Commission with the recommendation of the Planning Board.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for December 9, 2020. |
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| | | | | | | | | 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 | |
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