Item Coversheet

Ordinances - R5  A




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:October  13, 2021
 

10:05 a.m. First Reading Public Hearing

SUBJECT:NORTH BEACH BANDSHELL - 7275 COLLINS AVENUE HISTORIC SITE DESIGNATION 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, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, ENTITLED "HISTORIC PRESERVATION," DIVISION 4, ENTITLED "DESIGNATION," SECTION 118-593, ENTITLED "HISTORIC PRESERVATION DESIGNATION," AT SUBSECTION (E), ENTITLED "DELINEATION ON ZONING MAP," BY DESIGNATING ONE OR MORE BUILDINGS AT 7275 COLLINS AVENUE AS AN HISTORIC SITE TO BE KNOWN AS "NORTH BEACH BANDSHELL," AS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE; PROVIDING THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO INCLUDE NORTH BEACH BANDSHELL, 7275 COLLINS AVENUE AS AN HISTORIC SITE; ADOPTING THE DESIGNATION REPORT ATTACHED HERETO AS APPENDIX "A"; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading / Public Hearing for October 27, 2021.

BACKGROUND/HISTORY

On December 8, 2020, the Historic Preservation Board (HPB) directed the Planning Department to prepare a Preliminary Evaluation and Recommendation Report relative to the possible designation of the North Beach Bandshell, located at 7275 Collins Avenue as a local historic site. On March 8, 2021, the HPB reviewed a Preliminary Evaluation and Recommendation Report relative to the possible designation of the North Beach Bandshell Historic Site and directed staff to prepare a Formal Designation Report.

On March 9, 2021, pursuant to Section 118-591 of the City Code, the City Commission was advised of the action of the Historic Preservation Board via LTC 099-2021. On September 13, 2021, the HPB reviewed the historic designation report for the proposed North Beach Bandshell Historic Site. At this meeting, the HPB transmitted the historic district designation to the Planning Board and City Commission with a favorable recommendation.

ANALYSIS

HISTORIC DESIGNATION PROCESS
The process of historic designation is delineated in Sections 118-591 through 118-593 in Subpart B of the Land Development Regulations of the City Code (Chapter 118, Article X, Division 4). An outline of this process is delineated below.

Step One: A request for designation is made either by the City Commission, the Historic Preservation Board, other agencies and organizations as listed in the Land Development Regulations of the City Code, or the property owners involved. Proposals for designation shall include a completed application form available from the Planning Department.

Step Two: The Planning Department prepares a preliminary evaluation report with recommendations for consideration by the Board.

Step Three: The Historic Preservation Board considers the preliminary evaluation to determine if proceeding with a designation report is warranted.
The designation report is an historical and architectural analysis of the proposed district or site. The report:

1) describes the historic, architectural and/or archeological significance of the property or subject area proposed for Historical Site or District designation;
2) recommends Evaluation Guidelines to be used by the Board to evaluate the appropriateness and compatibility of proposed Developments affecting the designated Site or District; and
3) will serve as an attachment to the Land Development Regulations of the City Code.

Step Four: The City Commission is notified of the Board’s decision and the initial boundaries proposed for designation. Within 60 days of the vote of the Historic Preservation Board to direct the Planning Department to prepare a designation report, the City Commission may, by a five-sevenths vote, deny or modify the proposed request for designation.

Step Five: The designation report is presented to the Historic Preservation Board at a public hearing. If the Board determines that the proposed site or district satisfies the requirements for designation as set forth in the Land Development Regulations of the City Code, the Board transmits a recommendation in favor of designation to the Planning Board and City Commission.

Step Six: The Planning Board will hold a public hearing on the proposed designation, and shall consider the proposed historic designation as an amendment to the Land Development Regulations of the City Code and, subsequently, transmit its recommendation to the City Commission.

Step Seven: The City Commission may adopt an amendment to the Land Development Regulations of the City Code by a five-sevenths majority vote, which thereby designates the Historic Preservation Site or Historic District after one (1) public hearing for a parcel of land less than ten (10) contiguous acres or after two (2) public hearings for a parcel of land that is more than ten (10) contiguous acres.

PLANNING ANALYSIS
The North Beach Bandshell is an open-air amphitheater located at the southwest corner of Collins Avenue and 73rd Street within Bandshell Park. It serves as an important gathering space and civic institution for the North Beach Community. Since 2015, the Bandshell has been managed by the Rhythm Foundation, a nonprofit cultural organization based in Miami Beach, which uses the venue for concerts and other community events.

As noted herein, on December 8, 2020, the Historic Preservation Board (HPB) directed the Planning Department to prepare a Preliminary Evaluation and Recommendation Report relative to the possible historic designation of the North Bandshell. The site was found to satisfy the minimum requirements for historic designation as outlined in Section 118-592 of the City Code and the HPB directed staff to prepare a full designation report (see attached). The HPB subsequently reviewed the full designation report and transmitted the historic designation to the Planning Board and City Commission with a favorable recommendation.

The Planning Department finds the proposed North Beach Bandshell Historic Site to be in compliance with the Criteria for Designation listed in Section 118-592 in the Land Development Regulations of the City Code. If the designation is ultimately approved by the City Commission, any potential modifications to the North Beach Bandshell would be reviewed by the HPB, instead of the Design Review Board (DRB), and would be subject to Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

The Administration is highly supportive of the proposed designation of the North Beach Bandshell as an individual historic site. In conclusion, the North Beach Bandshell represents an outstanding example of the post war modern style of architecture and it is recommended that the City Commission approve the attached designation Ordinance.

PLANNING BOARD REVIEW
On September 28, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-0. The Board also recommended that the name of the stage, which is named after Clark Douglas Burris, be retained.

APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.

SUPPORTING SURVEY DATA

Expanding Local Historic Sites

CONCLUSION

The Administration recommends the following:

1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.

2. The City Commission approve the subject Ordinance at First Reading and set a Second Reading/Public Hearing for October 27, 2021.

Applicable Area

North Beach
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
Historic Preservation Board, Commissioner Michael Gongora, and Mayor Dan Gelber

ATTACHMENTS:
Description
Designation Report
Ordinance
Ad