Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 11.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Raul J. Aguila, Interim City Manager

DATE: January 20, 2021
TITLE:

DISCUSSION: HISTORIC PRESERVATION BOARD’S OCTOBER 13, 2020 RECOMMENDATION CONCERNING AMENDMENTS TO THE LAND USE DEVELOPMENT REGULATIONS

 

ACTION REQUESTED:
Discuss the item and provide a recommendation to the City Commission, if applicable.

ADMINISTRATION RECOMMENDATION:
Conclude the item with a recommendation to the City Commission, if applicable.

HISTORY:

On December 9, 2020, at the request of Commissioner Mark Samuelian, the City Commission referred a discussion item pertaining to a recommendation made by the Historic Preservation Board (HPB) regarding the review of LDR amendments to the Land Use and Sustainability Committee (item C4 A).

ANALYSIS:

On October 13, 2020, the Historic Preservation Board approved the following motion by a vote of 6 to 0, 1 absent:

Motion to transmit a recommendation to the Mayor and City Commission to require HPB review of any proposed amendment that impacts height, massing or scale within the City’s local historic districts, prior to review by the Planning Board.

Currently, the powers and duties of the HPB include the review of all amendments affecting Division 4, Article II of Chapter 118 entitled “Historic Preservation Board” and Article X of Chapter 118 entitled “Historic Preservation”. The amendment procedure for all other sections of the Land Development Regulations (LDRs), including amendments to Chapter 142 entitled “Zoning Districts and Regulations” requires a formal review and recommendation by the Planning Board, in addition to City Commission review and approval.

Currently, the City Commission may refer an amendment to the LDRs to the HPB for discussion and recommendation on an as needed basis. Should there be a desire to create a more formal process for HPB review, the following are two potential options:

1. An amendment to Article III of Chapter 118, entitled “Amendment Procedure” to include a required advisory review by the HPB prior to the adoption of any Ordinance that impacts zoning districts and regulations within one or more of the City’s local historic districts.

2. Adoption of a resolution by the Commission setting forth a policy of obtaining a recommendation from the HPB prior to the adoption of any Ordinance that impacts zoning districts and regulations within one or more of the City’s local historic districts.

Currently, the decision to refer any proposed LDR amendment to a land use board is at the discretion of the City Commission. The Administration believes the current process is the most flexible and recommends that the City Commission retain this flexibility. However, should the LUSC conclude that one of the aforementioned options, or another option, should be pursued, such a recommendation can be made to the City Commission.


CONCLUSION:

In view of the foregoing, the administration recommends that the item be concluded and that the current process for City Commission referrals of LDR amenements remain. Should the LUSC conclude that a more formal modification to the LDR amendment referral procudeure is in order, it is recommended that one of the options outlined herein be referred to the City Commission.

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 

Departments

Planning