| | | | | | | |  | Ordinances - R5 O
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 3, 2024 | | | | 5:01 p.m. Second Reading Public Hearing
| | SUBJECT: | COLLINS CANAL 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 CITY CODE, BY AMENDING CHAPTER 2 OF THE RESILIENCY CODE, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE XIII, ENTITLED “HISTORIC PRESERVATION,” SECTION 2.13.9, ENTITLED “HISTORIC DESIGNATION,” AT SUBSECTION (E)(I), ENTITLED "HISTORIC PRESERVATION SITES (HPS)," BY DESIGNATING THE COLLINS CANAL LOCATED BETWEEN BISCAYNE BAY AND LAKE PANCOAST AS AN HISTORIC SITE TO BE KNOWN AS “COLLINS CANAL," AS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE; PROVIDING THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO INCLUDE THE COLLINS CANAL 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. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission adopt the ordinance. |
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| | | | | | | | BACKGROUND/HISTORY
| On April 12, 2022, the Historic Preservation Board (or "HPB") passed a motion (7-0), directing the Planning Department to prepare a Preliminary Evaluation and Recommendation Report relative to the possible historic designation of Collins Canal as an individual historic structure.
On November 8, 2022, the HPB reviewed a Preliminary Evaluation and Recommendation Report relative to the possible designation of Collins Canal and directed staff to prepare a formal Designation Report.
Pursuant to section 118-591(b) of the City Code, on November 9, 2022 the City Commission was advised of the action of the HPB via Letter to Commission (LTC) 471-2022.
On June 13, 2023, the HPB transmitted the attached Designation Report, pertaining to the proposed Collins Canal Historic Structure, to the Planning Board and City Commission with a favorable recommendation.
HISTORIC DESIGNATION PROCESS
The process of historic structure designation is delineated in section 2.13.9 of the Land Development Regulations of the City Code (LDR’s). The following is a summary of the designation process:
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 a 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 (5/7ths) 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 (5/7ths) 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. |
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| | | | | | | | ANALYSIS
| Based on the analysis and considerations outlined in the attached Collins Canal Historic Structure Designation Report, the Administration is supportive of the proposed ordinance amendment.
PLANNING BOARD REVIEW
On January 30, 2024, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (5-0).
UPDATE
On February 21, 2024, the City Commission approved the subject ordinance at First Reading, with no changes, and scheduled a Second Reading public hearing for April 3, 2024. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based on circumstances unique to the proposed amendment.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website (https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/) on March 21, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information is being provided as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying?
No; The proposal is being made at the request of the Historic Preservation Board.
2. If so, specify name of lobbyist(s) and principal(s): Not Applicable |
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| | The Administration recommends the City Commission adopt the ordinance. |
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| | | | | | | | Applicable Area
| | South Beach |
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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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| | | | | | | | Strategic Connection
| | Neighborhoods - Prioritize historic gems and create opportunities to build resilience into historic properties. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Historic Preservation Board |
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