Item Coversheet


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

 Item 2.
COMMITTEE MEMORANDUM

TO: Land Use and Development Committee

FROM: Jimmy L. Morales, City Manager

DATE: March 14, 2018
TITLE:NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY
HISTORY:
On December 13, 2017, the City Commission approved the North Beach National Register Conservation District Overlay Ordinance at First Reading. Additionally, at the request of the item sponsor, Vice-Mayor John Elizabeth Aleman, the item was referred to the Land Use and Development Committee for further discussion, prior to Second Reading (Item R5R).

On February 7, 2018 the Land Use and Development Committee discussed the revised overlay Ordinance, and continued the item to a date certain of March 14, 2018.
Analysis
BACKGROUND
The “Normandy Isles National Register District” was listed on the National Register of Historic Place on November 12, 2008. This district is generally bounded by Biscayne Bay to the south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of Indian Creek to the east.

The “North Shore National Register District” was listed on the National Register of Historic Places on November 18, 2009. This district is generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east.

Each of these National Register Districts has a designation report, which contains detailed information and data on the history, architecture and building types in the district. Additionally, a comprehensive local historic district designation report, for the local district boundaries authorized by the City Commission, has been prepared by Planning Department staff.

On January 17, 2018, the Normandy Isles and North Shore Local Historic Districts were adopted by the City Commission. The final piece of local historic district designation, the Tatum Waterway area, is expected to go before the City Commission in the spring.

PLANNING ANALYSIS
The subject legislation has gone through numerous public meetings. Attached is a detailed chronology of all public meetings since the initial referral of the item in December of 2016.

The initial draft of the overlay ordinance presented to the Land Use and Development Committee (LUDC) on January 18, 2017 was the first step in a comprehensive process for creating tangible development regulations for the larger North Beach National Register areas. As reiterated on multiple occasions, staff believes that through stakeholder input, including the North Beach Master Plan Steering Committee, residents, property owners and businesses, these regulations have been continually refined.

After the initial discussions at the LUDC, on February 8, 2017, the City Commission authorized the Administration to engage the North Beach Master Planner (Dover-Kohl) in a review and assistance capacity for the conservation overlay district ordinance. Staff engaged Dover-Kohl in this regard, and as part of the evaluation by the North Beach Master Plan Steering Committee. Dover-Kohl participated in staff discussions regarding the ordinance, attended meetings of the North Beach Master Plan Steering Committee, and put together a series of drawings and renderings illustrating existing conditions and the impact of the proposed conservation district regulations.

The proposed Conservation District Overlay includes the collective input of the Land Use Committee, the North Beach Steering Committee and the Planning Board. The Administration believes that, on balance, the proposal is fair and meets the intentions outlined in the North Beach Master plan.

SUMMARY

On December 13, 2017, the City Commission approved the subject Ordinance at First Reading, with the following changes, some of which were recommended by the Planning Board:

1. Applicability. All areas designated as a local historic district have been removed from the conservation district overlay. Minor modifications have been made throughout the ordinance, to remove ‘historic preservation board’, as their review authority would no longer be applicable.

2. Maximum Developable Lot Area and Maximum Developable Lot Width Requirements. As recommended by the Planning Board and the Administration, the ‘Maximum Developable Lot Area’ and ‘Maximum Developable Lot Width’ requirements in Sec. 142-882(a) have been deleted.

3. Maximum Height Exceptions. As recommended by the Planning Board and the Administration, the Design Review Board (DRB) and Historic Preservation Board (HPB) would have the ability to waive the minimum retention requirements for contributing buildings in Sec. 142-882(c). Additionally, any DRB or HPB waiver would require that at least 25 percent of all existing ‘contributing’ buildings on site, as measured from the front elevation, be substantially retained and restored.

4. Lot Aggregation Standards. As recommended by the Planning Board, the lot aggregation standards in Sec. 142-883(b) are no longer required for projects consisting solely of workforce or affordable housing. Additionally, the DRB or HPB would be permitted to waive these standards related to minimum building retention, view corridor and building width requirements, for all other residential projects.

Subsequent to First Reading approval of the ordinance, staff met with the item sponsor to further discuss the removal of the local historic districts from the overlay boundaries. Because of inconsistencies created, particularly as it would affect abutting parcels, the Local Historic Districts have been placed back into the overlay. A revised map showing the overall boundaries, including a demarcation of the local historic district boundaries, is attached.

Additionally, a simplification of the height regulations, including the height incentive for the retention of ‘contributing’ buildings, was recommended as follows:

• A maximum of 30 feet in height for first 30 feet of building depth;

• A maximum of 40 feet in height for the remainder of the building depth.

• A maximum of 50 feet may be permitted by the DRB or HPB for the remainder of the building depth, for properties that contain at least one (1) ‘contributing’ building that is 50% or more substantially retained and restored. The DRB or HPB may waive the aforementioned requirement for the 50% retention of existing ‘contributing’ buildings, provided at least 25% of all existing ‘contributing’ buildings on site, as measured from the front elevation, are substantially retained and restored.

Finally, minor, non-substantive changes were made to the ordinance, to address spelling errors, formatting and clarity. The aforementioned revisions were incorporated into a revised ordinance for for review and input by the Land Use Committee.

UPDATE

On February 7, 2018, the Land Use Committee discussed the revisions to the proposed overlay Ordinance, as more specifically noted above. After public input and deliberation, the Committee continued the item to March 14, 2018. The revised overlay ordinance has been modified in a manner consistent with the recommendations discussed at the March 14, 2018 LUDC Meeting. The following is a summary of the changes:

1. Maximum Building Height. The maximum building height for new construction and additions has been revised as follows:
• An increase to 32 feet in height for the first 25 feet of building depth; previously the maximum was 30 feet in height for the first 30 feet of building depth.
• An increase from 40 feet to 45 feet for the remainder of the building depth.
• An increase from 50 feet to 55 feet that may be permitted by the DRB or HPB for the remainder of the lot depth for properties that contain at least one (1) ‘contributing’ building, which is 50% or more substantially retained and restored. The waiver provision for the DRB and HPB remains, provided at least 25% of all existing ‘contributing’ buildings on site, as measured from the front elevation, are substantially retained and restored.

2. Building and Lot Standards. The proposed increases in building height were suggested in order to be consistent with existing RM-1 development regulations. In this regard, the RM-1 regulations were amended to address the future raising of adjacent streets and sidewalks. In order for the increase in overall height for new construction to be consistent with these sea level rise and resiliency objectives, additional exterior building and lot standards have been incorporated into the proposed overlay. Specifically, when parking or amenity areas are provided at the ground floor level below the first habitable level (below BFE plus Freeboard), the following shall apply:

• A minimum height of 12 feet shall be provided, as measured from base flood elevation plus minimum freeboard to the underside of the first floor slab. The design review board or historic preservation board, as applicable, may waive this height requirement by up to two feet.
• All ceiling and sidewall conduits shall be internalized or designed in such a manner as to be part of the architectural language of the building.
• Active outdoor spaces that promote walkability, social integration, and safety shall be provided at the ground level.

Additionally, language has been added clarifying that there shall be no minimum or maximum yard elevation requirements, or maximum lot coverage requirements, within the North Beach National Register Overlay.

3. Parking Location and Access. The standards and requirements for parking location and access have been modified as follows:

• All parking shall be located no higher than the ground floor level; previously ‘grade’ was the standard, which did not allow for slightly elevated ground floors.

• A single, one-way driveway curb cut is now allowed per platted lot within a development site.

As it pertains to the proposal to allow a consolidated 20 foot wide curb cut and driveway for development sites on 2-3 platted lots, after careful evaluation, staff cannot recommend in favor of such a modification. In this regard, such a large driveway would have serious, negative consequences on the existing, established, low scale character of the overlay. Additionally, it would introduce increased hazards to pedestrians (both walkers and bike riders) as cars would be able to travel at higher speeds going in and coming out of parking areas.

A revised column by column summary of the current legislation, compared to the existing RM-1 regulations, is attached, for informational purposes.

With regard to off-street parking and minimum unit size requirements, no changes have been made to the proposed overlay ordinance. Staff would note that both of these issues have been discussed at length over the last 15 months by the Land Use Committee, the North Beach Master Plan Steering Committee (including substantial input from the North Beach Master Planner) and the Planning Board.

The overlay regulations pertaining to minimum and average unit size, as well as required parking, are designed to address the physical context of the area, changing patterns in car ownership and usage, and to provide more options for different unit types. These specific overlay regulations are not structured toward any specific demographic or economic class, and are intended to provide more flexible regulations that will allow for better diversity in unit types.

CONCLUSION:
The Admininstration recommends that the Land Use and Development Committee transmit the revised draft Conservation District Overlay Ordinance, with any additional recommended changes, to the City Commission for Second Reading, with a favorable recommendation.

ATTACHMENTS:
DescriptionType
Revised 2nd Reading ORDINANCEMemo
Revised RM1 and NCD COMPARISON CHARTMemo
NCD Review ChronologyMemo
NCD and LHD MAPMemo