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Via:
From:
Date:
South Miami
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CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Stoddard and Member's of the City Commission
Hector Mirabile, Ph.D., City Manager /
Thomas J. Vageline, Director
Planning and Zoning Department
February 15, 2011
ITEM No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code to place in one article all current regulations pertaining to historic
preservation by amending Section 20- 6.1(D)(1)(a) entitled "Historic Preservation Board
Establishment and Membership" in order to require that one member be a licensed attorney; and
by creating new Article XI, "Historic Preservation Regulations" including Section 20 -11.1 to be
entitled "Historic Preservation Standards"; Section 20 -11.2 to be entitled "Designation of Historic
Sites "; Section 20 -11.3 to be entitled "Historic Designation Reports "; Section 20 -11.4 to be entitled
"Demolition of designated sites; demolition by neglect and certificates of appropriateness "; Section
20 -11.5 to be entitled "Special Provisions Applicable to Designated Historic Sites" and making
revisions to update current wording and to modify certain provisions related to the demolition
delay period; and deleting from the Land Development Code regulations pertaining to historic
preservation including Sections 20 -4.9, 20 -4.11, 20 -5.17, 20 -5.18, 20 -5.19; providing for
severability; providing for ordinances in conflict; and providing an effective date.
BACKGROUND
The Historic Preservation Board has been very active in recent years. Since 2004 a total of 41 residential
and commercial buildings including one historic district have been designated. The Board also reviews
annually 10 -12 proposed exterior renovation, rehabilitation, or signage projects which are proposed for
designated sites. A Certificate of Appropriateness is required prior to an applicant obtaining a building
permit.
The Historic Preservation Board at its December 27, 2010 meeting reviewed all of the regulations
contained in the Land Development Code which guide the preservation activities of the City. The current
regulations were adopted over a period of twenty years and are contained in six sections in three different
chapters. The Board felt that regulations should be updated and re- organized so that they can be located in
one section of the Code. In addition the Board felt strongly that certain provisions should be revised. The
Board at its meeting adopted a motion by a vote of 8 ayes 0 nays recommending that the amendments
contained in the attached draft ordinance be approved.
PROPOSED LDC AMENDMENT
The attached draft ordinance contains all of the historic preservation regulations currently in the Land
Development Code. All new wording is shown in bold /underlined; wording to be removed is shown in
- "-�a�ugh ). The following is a summary of the updates and revisions being proposed including their
page number in the draft ordinance:
(1) Section 20 -6.1, — It is proposed that one of the nine members of the Board be a Florida attorney. This
section which creates the Board membership and duties would remain in Chapter 6 which contains the
same creation/duties for all of the City's development boards;
(2) A new Article XI is proposed to be created. All existing sections with the exception of Section 20 -6.1
would be renumbered to 20 -11.1, etc. and relocated to Article XI;
(3) Technical updates are shown on several pages, these include correcting the Departmental name to the
"Planning and Zoning Department" and correcting Metro Dade County to "Miami -Dade County ";
(4) Section 20- 11.1(A)(2)(a) p.6- A rewording from "and" to "or" would allow more flexibility in
determining eligibility for historic designation;
(5) Section 20 -11.3 p.9- Removal of a requirement that a sealed survey be part of a designation report. In
many cases surveys of older properties are not available and the current folio, address or legal
description of a property is sufficient;
(6) Section 20 -11.4 p. 10 — The maximum demolition delay period is proposed to be extended from up to
6 months to "up to 18 months ". This proposal allows for a more appropriate time period to allow for
consideration of reuses or to interest another buyer who will preserve the subject building. This
provision varies widely among municipalities including a 6 -12 -18 month delay all the way to Coral
Gables and Miami Beach which can prohibit demolition indefinitely.
PLANNING BOARD RECOMMENDATION
The Planning Board at its meeting on January 25, 2011 conducted a public hearing and adopted a motion
by a vote of 7 ayes 0 nays recommending approval of the proposed amendment with the suggestion that
the regulations creating the Board membership /duties should stay in Section 20 -6, and that the proposed
change in new Section 20 -11.1 (A) (2)(a) from "and" to "or" should not be adopted.
ADMINISTRATION RECOMMENDATION
It is recommended that the attached draft ordinance be adopted on first reading.
Backup Documentation:
Draft ordinance
Planning Dept. Staff Report 1 -25 -11
Planning Board Minutes Excerpt 1 -25 -11
TJV /SAY
XAComm Items\2011\2 -15 -1 ALDC Amend Zoning Historic Reg. CM Report.doc
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code to place in one article all current
regulations pertaining to historic preservation by amending Section 20 -6.1 (D)(1)(a)
entitled "Historic Preservation Board Establishment and Membership" in order to
require that one member be a licensed attorney; and by creating new Article XI,
"Historic Preservation Regulations" including Section 20 -11.1 to be entitled "Historic
Preservation Standards'; Section 20 -11.2 to be entitled "Designation of Historic
Sites"; Section 20 -11.3 to be entitled "Historic Designation Reports "; Section 20 -11.4
to be entitled "Demolition of designated sites; demolition by neglect and certificates of
appropriateness'; Section 20 -11.5 to be entitled "Special Provisions Applicable to
Designated Historic Sites" and making revisions to update current wording and to
modify certain provisions related to the demolition delay period; and deleting from
the Land Development Code regulations pertaining to historic preservation including
Sections 20 -4.9, 20 -4.11, 20 -5.17, 20 -5.18, 20 -5.19; providing for severability;
providing for ordinances in conflict; and providing an effective date.
WHEREAS, the Land Development Code regulations which guide the
preservation activities of the City were adopted over a period of twenty years and are
contained in six sections in three different chapters, which makes it difficult for citizens,
architects, and contractors to locate and understand the regulations related to preservation
activities; and
WHEREAS, the Historic Preservation Board at its December 27, 2010 meeting
after reviewing all of the historic regulations contained in the Land Development Code
recommended that the regulations be updated and re- organized so that they can be located
in one section of the Code; and
WHEREAS, the Planning and Zoning Department prepared an amendment to the
Land Development Code which amends certain provisions of the Code which regulate
historic preservation and creates a new Land Development Code Article XI, "Historic
Preservation Regulations" which places all existing preservation activities in one location;
and
WHEREAS, the Planning Board at its January 25, 2011 meeting after public
hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the
proposed amendment with the suggestion that the regulations creating the Board
membership /duties should stay in Section 20 -6, and that the proposed change in new
Section 20-11. 1 (A)(2)(a) from "and" to "or" should not be adopted; and
WHEREAS, the Administration is supportive of the proposed creation of a new
Land Development Code Article XI, "Historic Preservation Regulations" and the Planning
Board's recommendation that the regulations creating the Board membership /duties should
stay in Section 20 -6, and that the proposed change in new Section 20 -11.1 (A) (2)(a) from
"and" to "or" should not be adopted; and
2
I WHEREAS, the City Commission desires to accept the recommendation of the
2 Planning Board and City Administration and enact the aforesaid amendments.
3
4 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
6
7 Section 1. That Section 20 -6.1 (D) entitled "Historic Preservation Board" is hereby
8 amended as follows:
9
10 20 -6.1 - Administrative entities.
I1 * * * **
12 (D) Historic Preservation Board.
13
14
(1) Establishment and Membership.
15
16
(a) An Historic Preservation Board is hereby created which shall
17
consist of nine (9) members who reside or work in the City.
18
i. The Mayor, with the advice and consent of the City
19
Commission, shall appoint the members of the board.
20
ii. All members shall be familiar with the purposes of
21
preserving and protecting districts, structures or sites
22
having historic or archeological worth.
23
iii. Board membership shall include two (2) registered
24
architects licensed to practice in the State of Florida. If it is
25
determined by the city commission that the positions of
26
architect cannot be filled by a qualified individual who
27
resides or works in the city, the residency requirement may
28
be waived by the commission and the position of architect
29
may be filled by a qualified individual who does not reside
30
or work in the city. Board membership shall include one
31
(1) licensed Florida attorney. If it is determined by the
32
city commission that the position of attorney cannot be
33
filled by a qualified individual who resides or works in
34
the city, the residency requirement may be waived by
35
the commission and the position of attorney may be
36
filled by a qualified individual who does not reside or
37
work in the city.
38
iv. Members shall serve for a term of two (2) years.
39
40
(b) Any member of the board shall be automatically removed for missing
41
three (3) regular meetings in a row or five (5) meetings in a twelve -month
42
period.
43
44
i. The Planning and Zoning Director shall keep a record of
45
meetings missed.
46
3
I ii. The Planning and Zoning Director shall advise the City
2 Commission and the member being removed that such
3 member has been automatically removed.
4
5 (2) Organization.
6
7 (a) Meetings.
8
9 i. The board shall hold one (1) regular meeting each month
10 on the last Monday of each month, except in Tune.
11
12 ii. Meetings shall not be held if no designation reports, plans,
13 specifications or scheduled matters are to be submitted
14 and/or initiated by the board for review.
15
16 iii. Agendas of all meetings shall be posted at City Hall not
17 less than three (3) working days prior to any regularly
18 scheduled meetings, excluding workshops.
19
20 (b) The board shall elect from its membership a chair and vice -chair
21 for a one year non - successive term, respectively.
22
23 i. The chair shall normally preside at all meetings of the
24 board.
25
26 ii. In the absence of the chair, the vice -chair shall preside.
27
28 (c) A temporary chair may be elected at any meeting when both the
29 chair and the vice -chair are absent or recused.
30
31 (3) Powers and Duties.
32
33 (a) The board shall have all such powers and duties granted by state
34 law, Mgt Miami -Dade County Code and this Code.
35
36 (b) The board shall review and recommend approval, disapproval or
37 modification of all applications for final approval by the City
38 Commission of historic district and historic site designations, and
39 site plans and specifications, and Certificates of Appropriateness, as
40 required under this Code.
41
42 (c) The board shall maintain and update files from the Miami -Dade
43 County Historic Survey within the city for the purpose of
44, determining and promoting those districts and sites of special
45 historic or archeological value or interest.
46
11
1 (d) The board shall make recommendations to the City Commission
2 on the designation of historic districts and sites, and archeological
3 sites, pursuant to this Code.
4
5 (e) The board shall endeavor to improve and expand the Metres
6 Miami -Dade County Historic Survey with additional sites,
7 information, oral histories and any other material as may be
8 available, and periodically, to reevaluate the survey to determine
9 whether changing times and values warrant recognition of new or
10 different, historic and/or archeological districts and sites.
11
12 (f) The board shall, in reference to specific historic districts or sites,
13 or archaeological sites, recommend to the City Commission the use
14 of preservation incentives, including tax incentives and advantages.
15
16 (g) The board shall make recommendations to the City Commission
17 concerning application for and the utilization of grants from federal
18 and state agencies, or from private groups and individuals, and
19 utilization of city funds to promote the preservation of historically
20 significant districts and sites and archaeologically significant sites.
21
22
(h) The board shall recommend contact of public and private
23
organizations and individuals, engage in historic and archeological
24
preservation education, and undertake all reasonable and proper
25
means to promote preservation of historically and archaeologically
26
significant properties which are proposed for, or under threat of,
27
demolition, destruction or significant degradation.
28
29
(i) The board shall evaluate and comment upon decisions by request
30
of other public agencies affecting the physical development and
31
appearance of historically significant districts and sites and
32
archaeologically significant sites, or upon the request of the City
33
Commission.
34
35
(j) The board shall recommend approval of historic and
36
archeological markers for properties within the city.
37
38
(k) The board shall advise the city commission on matters related to
39
the use, administration and maintenance of city -owned historically
40
significant properties.
41
42
(1) The board shall promote and encourage communication and
43
exchange of ideas and information between the board and owners of
44
historically and archaeologically significant properties, potential
45
developers, public officials, financial institutions, and other
46
interested persons.
47
9
1 (m) The board shall have the responsibility to advise the City
2 administration and City Commission on various matters, in
3 accordance with the terms of this Code.
4
5 (n) The board shall conduct any other function which may be
6 designated or assigned by act of the City Commission.
7
8 (4) Procedures.
9
10 (a) Quorum and voting.
11
12 i. A quorum shall be five (5) members.
13
14
ii. An affirmative vote of a majority of the members present
15
shall be required to pass upon any matter on which the board
16
is required to act under this Code.
17
18
iii. In instances when the board considers a designation
19
report, a quorum shall consist of five (5) members, at least
20
one (1) of whom shall be an architect.
21
22
(b) The board shall keep a permanent record of all proceedings
23
before it.
24
25
(c) Meetings of the board shall be public and notification of such
26
meetings shall be given in accordance with Code provisions. If any
27
scheduled meeting is not held, then all applications scheduled for
28
such meeting, except designation reports, shall be heard and decided
29
by the Plaming and 9@aiag Director of the , b
30
Planning and Zoning Department (or the
31
director's designee) no later than the end of the next business day
32
after the scheduled meeting was to have been held. The director's
33
decision, if for approval, shall constitute Historic Preservation
34
Board approval.
35
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(d) All approved designation reports shall bear the official signature
37
of the chair presiding at the meeting at which such reports are
38
approved.
39
40
(e) Reserved
41
42
(f) Financial interest.
43
i. Any member of the board who has a special financial
44
interest, direct or indirect, in any matter before the board
45
shall make that interest known and shall abstain from
46
participation therein in any manner.
M
2 ii. Willful failure to disclose such financial interest shall
3 constitute malfeasance in office and shall render the action
4 voidable by the City Commission.
5
6
7 Section 2. That new Article XI, to be entitled "Historic Preservation Regulations"
8 Section 20 -11 is hereby created and shall read as follows:
9
10 ARTICLE XI. HISTORIC PRESERVATION REGULATIONS
11
12 ms Section 20 -11.1 Historic Preservation standards.
13
14 (A) Historic and Archeological Sites.
15
16 (1) The Secretary of the Interior's Standards for Historic Preservation
17 Projects: with Guidelines for Applying the Standards, 1979, or as may be
18 updated, and the Miami -Dade County historic preservation
19 guidelines shall be used by the board for reviewing projects proposed for
20 designated historic properties and sites or for properties within historic
21 districts.
22
23 (2) In addition to the above referenced federal and county guidelines, the
24 following Dull may also be utilized as general standards by the board for
25 determining structures and sites having historic or archeological
26 significance:
Oft
28 (a) Districts, sites, structures and objects of national, state and local
29 importance are of historic significance if they possess integrity of
30 location, design, setting, materials, workmanship, feeling and
31 association, - or
32
33 (b) Are associated with events that have made a significant
34 contribution to the broad patterns of our history; or
35
36 (c) Are associated with the lives of persons significant in our past; or
37
38 (d) Embody the distinctive characteristics of a type, period, style or
39 method of construction or work of a master; or that possess high
40 artistic value, or that represent a distinguishable entity whose
41 components may lack individual distinction; or
42
43 (e) Have yielded, or are likely to yield information in history or
44 prehistory; or
45
46 (f) Are listed in the National Historic Register.
47
7
1 (B) Demolition of Historic Structures.
2
3 In addition to all other provisions of this Code, the board shall consider the
4 following standards in evaluating applications for demolition of designated historic
5 structures.
6
7 (1) Is the structure of such interest or quality that it would reasonably meet
8 national, state or local criteria for designation as an historic or architectural
9 landmark?
to
11 (2) Is the structure of such design, craftsmanship or material that it could be
12 reproduced only with great difficulty and /or expense?
13
14 (3) Is the structure one of the last remaining examples of its kind in the area,
15 city, county or region?
16
17 (4) Does the structure contribute significantly to the historic character of a
18 designated district?
19
20 (5) Would retention of the structure promote the general welfare of the city
21 by providing an opportunity for study of local history, architecture and
22 design or by developing an understanding of the importance and value of a
23 particular culture and heritage?
24
25 (6) Are there definite plans for reuse of the property if the proposed
26 demolition is carried out, and what will be the effect of those plans on the
27 character of the surrounding area?
28
29
30 Section 20 -11.2 Designation of historic sites.
31
32 (A) Report Required
33 Prior to the designation of an individual historic or archeological site, an
34 investigation and formal designation report must be filed with the Historic
35 Preservation Board.
36
37 (B) Historic Preservation Board Recommendation.
38 The Historic Preservation Board shall make recommendations to the City
39 Commission concerning all properties proposed as historic sites, districts or
40 archeological zones.
41
42 (C) Proposals and Preliminary Evaluation and Recommendation.
43 (1) Application for designation of individual properties and districts may be
44 made to the Planning and Zoning Department by any member of the
45 Historic Preservation Board, the Environmental Review and Preservation
8
1 Board, the City Commission, the City administration or the property
2 owner(s) of the subject property for designation.
3
4 (2) The Historic Preservation Board shall conduct a preliminary evaluation
5 of available data for conformance with the criteria set forth herein and may
6 direct the preparation of a formal designation report by one of the members
7 of the board. The Historic Preservation Board may then meet as a body and
8 develop recommendations to transmit to the City Commission regarding
9 designations.
10
11 (D) Historic Preservation Board Findings.
12 (1) If the board finds that the proposed designation meets the intent and
1.3 criteria set forth in this Code, it shall transmit such recommendation to the
14 Planning Board and City Commission with the designation report and any
15 additions or modifications deemed appropriate.
16
17 (2) If the board finds that the proposed designation does not meet the intent
18 and criteria in this Code, no further action shall be required, except that the
19 board's action may be appealed in accordance with the provisions of this
20 Code.
21
22 (E) Planning Board Review.
23 (1) Following a favorable recommendation by the Historic Preservation
24 Board, a proposed designation shall be implemented by the adoption of an
25 "HP -OW Historic Preservation Overlay zone for the property set forth in
26 the historic designation report.
27
28 (2) The Planning Board shall determine if the designation is compatible
29 with the goals and policies of the Comprehensive Plan, and if the proposed
30 historic site and /or district regulations would change any existing zoning
31 district regulations such as, for example, permitted use, height, floor area
32 ratio, yard setbacks or off - street parking. The review shall be pursuant to
33 the provisions set forth in Section 20 -5.5, Applications requiring public
34 hearings. The recommendation of the Planning Board on the proposed
35 designation shall be transmitted to the City Commission.
7
37 (F) City Commission Public Hearing.
38 (1) Public Hearing Requirement, The City Commission shall hold a public
39 hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice
40 requirements of subsection (2) and as required by the provisions of the City
41 Charter, on each proposed designation within sixty (60) calendar days of the
42 recommendation by the Historic Preservation Board and /or the filing of the
43 completed designation report.
44
45 (2) Notice Requirement. At least ten (10) calendar days prior to the public
46 hearing for each proposed designation of an individual site, district or zone,
47 the Planning and Zoning Director shall mail a copy of the designation
48 report to the owner at the address listed on the most recent tax rolls as
M
1 notification of the intent of the City Commission to consider designation of
2 the property.
3
4 (3) Objections. Upon notification, any owner of a property proposed for
5 individual designation who wishes to object shall submit to the City Clerk's
6 Office a notarized statement certifying the objection to the designation.
7
8 S Section 20 -11.3 - Historic designation reports.
9
10 (A) Report Format and Contents.
11 Report format designating historic or archeological sites may vary according to the
12 type of designation. All reports shall address the following:
13
14 (1) Historical, cultural, architectural and archeological significance of the
15 property or properties being recommended for designation;
16
17 (2) Projected, proposed or existing public improvements and developmental
18 or renewal plans;
19
20 (3) Boundary recommendations for historic districts and archeological
21 zones and identification of boundaries of individual sites being designated;
22 and _.
23
24
25
26
27 (B) Nonconforming Properties,
28 Where a report is filed recommending designation of a district, the report must
29 identify those properties, if any, within the district which are not historically or
30 architecturally compatible with structures in the district, and such report shall
31 provide standards for regulating such nonconforming properties.
32
33 QRe?a°- 9 Section 20 -11.4 - Demolition of designated sites; demolition by
34 neglect and certificates of appropriateness.
35
36 (A) Order Required.
37 Demolition of a designated building, structure, improvement, or site may only
38 occur pursuant to an order of a governmental agency or a court of competent
39 jurisdiction or pursuant to an approved application by the owner. Demolition by
40 neglect or significant degradation of a designated building, structure, improvement,
41 or site is hereby declared to be a violation of this Code, and is subject to the
42 penalties and provisions set forth under Section 20 -6.
43
44
45
46
10
1
2 (B) Notice Required.
3 (1) Governmental agencies having the authority to demolish unsafe
4 structures shall receive notice of designation of individual sites, districts, or
5 archeological zones pursuant to this Code from the Historic Preservation
6 Board.
7
8 (2) The Historic Preservation Board shall be deemed an interested party and
9 shall be entitled to receive notice of any public hearings conducted by said
10 governmental agency and the owner relative to the feasibility of, and the
11 public interest in, preserving the designated property, or significant relics
12 and artifacts.
13
14 (C) Demolition Approval.
15 (1) No permit for voluntary demolition of a designated building, structure,
16 improvement or site shall be issued to the owner thereof until an application
17 for approval and the reasons therefore have been submitted to and approved
18 by the Planning and Zoning QivigioA Department, pursuant to the
19 procedures in this Code.
PLO,
21 (2) The Historic Preservation Board may petition the City Commission to
22 grant demolition approval with a delayed effective date of up to
23 eighteen(18) six=(6) months.
24
25 (3) Grant of a demolition approval shall be evidenced by written order of
26 the Planning and Zoning P4*isioa Department detailing the public interest
27 which is sought to be preserved.
28
29 (4) Such written order may be appealed to the City Commission, pursuant to
30 provisions of this Code.
31
32 (D) Structure Preservation.
33 (1) During the demolition delay period, the board may take such action as it
34 deems necessary to preserve the structure concerned, in accordance with the
35 purposes of this Code.
36
37 (2) Such steps may include, but shall not be limited to:
38 (a) Consultation with civic groups, agencies and interested citizens;
39 (b) Recommendations for acquiring property by public or private
40 bodies or agencies; and
41 (c) Exploration of the possibility of moving one (1) or more
42 structures or other features.
43
44
45
46
11
I (E) Certificate of Appropriateness.
2 (1) Certificate Required as Prerequisite to Alteration, Etc. Pursuant to a
3 recommendation by the Planning and Zoning Director of the need for an
4 appropriateness review, no building, structure, improvement, landscape
5 feature, or archeological site within the City of South Miami which is
6 designated pursuant to this Code shall be erected, altered, restored,
7 renovated, excavated, moved, or demolished until an application for a
8 "Certificate of Appropriateness" regarding any architectural features,
9 landscape features, or site improvements has been submitted to and
10 approved by the Historic Preservation Board or by the City Commission
1 I upon appeal.
12
13 Architectural features shall include, but not be limited to, the architectural
14 style, scale, massing, siting, general design, and general arrangement of the
15 exterior of the building or structure, including the type, style and color of
16 roofs, windows, doors and appurtenances. Landscape features and site
17 improvements shall include, but are not limited to, site regarding,
18 subsurface alterations, fill deposition, paving, landscaping, walls, fences,
19 courtyards, signs and exterior lighting.
20
21 No certificate of appropriateness shall be approved unless the architectural
22 plans for said construction, alteration, excavation, restoration, renovation, or
23 relocation are approved by the Historic Preservation Board or by the City
24 Commission upon appeal. A certificate of appropriateness requesting a
25 demolition permit for a designated historic structure must receive approval
26 of the City Commission regardless of whether or not an appeal has been
27 filed.
29 (2) Standards for Issuance. The Historic Preservation Board shall adopt and
30 may, from time to time, amend the standards by which applications for any
31 certificate of appropriateness may be evaluated. In adopting these
32 guidelines, it shall be the intent of the board to promote maintenance,
33 restoration, adaptive reuses appropriate to the property, and compatible
34 contemporary designs that are harmonious with the exterior architectural
35 and landscape features of neighboring buildings, sites, and streetscapes.
36 These guidelines may also serve as criteria for the Planning and Zoning
37 Director to make decisions regarding the need for an application for a
38 certificate.
39
40 (3) Procedures.
41 (a) An applicant for a certificate of appropriateness shall submit an
42 application to the Planning and Zoning Department and accompany
43 such application with full plans and specifications, site plan, and
44 samples of materials as deemed appropriate to fully describe the
45 proposed appearance, color, texture, or materials, and architectural
46 design of the building and any outbuilding, wall, courtyard, fence,
47 landscape feature, paving, signage, and exterior lighting.
48
12
1 The applicant shall provide adequate information to enable
2 visualization of the effect of the proposed action on the applicant's
3 building and its adjacent buildings and streetscapes.
4
5 If such application involves a designated archeological site, the
6 applicant shall provide full plans and specifications of work that
7 may affect the surface and subsurface of the archeological site.
8
9 (b) The Historic Preservation Board shall review upon an
10 application for a certificate of appropriateness affecting designated
11 properties at a public meeting. The Board may approve, deny, or
12 approve an application with conditions.
13
14
(4) Appeals from Board decision
15
(a) An applicant or any interested party may appeal to the City
16
Commission within 15 days, a certificate of appropriateness decision
17
made by the Historic Preservation Board. The appeal shall be
18
submitted to the City Clerk on a form provided by the City Clerk.
19
20
(b) The City Commission may approve, deny, or approve in
21
modified form an application on appeal, subject to the acceptance of
22
the modification by the applicant, or suspend action on the
23
application for a period not to exceed thirty (30) days in order to
24
seek technical advice from outside its members or to meet further
25
with the applicant to revise or modify the application. Notice of the
26
public hearing by the City Commission shall be given to the
27
applicant, property owner(s) and appellant by certified mail and to
28
other interested parties by advertisement in a newspaper of general
29
circulation at least ten (10) days prior to the public hearing.
30
31
(c) The decision of the City Commission on the appeal shall be
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issued in writing. Evidence of approval of the appeal and the
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application shall be by certificate of appropriateness issued in the
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form of a resolution of the City Commission.
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36 (d) If the appeal is denied, or modification is recommended, the City
37 Commission shall, to the extent possible, make specific findings as
38 to the reasons for denial and modification, and recommend
39 appropriate changes, if possible.
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41 (5) Compliance of Work with Certificate Standards.
42 All work performed pursuant to the issuance of any certificate of
43 appropriateness shall conform to the requirements of the certificate. The
44 City Manager shall designate an official to perform necessary inspections in
45 connection with enforcement of this chapter, who shall be empowered to
46 issue a stop work order if performance is not in accordance with the issued
47 certificate.
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1 No work shall proceed as long as a stop work order continues in effect.
2 Copies of inspection reports shall be furnished to the City Manager and
3 copies of any stop work orders shall be furnished to both the Historic
4 Preservation Board and the applicant. The designated official shall ensure
5 that work not in accordance with a certificate of appropriateness shall be
6 corrected to comply with the certificate of appropriateness prior to
7 withdrawing the stop work order.
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9 (6) Emergency, Temporary Measures.
10 For the purpose of remedying emergency conditions determined to be
11 dangerous to life, health, or property, nothing contained herein shall prevent
12 the making of any temporary construction, reconstruction, or other repairs
13 to a building or site, pursuant to an order of a government agency or a court
14 of competent jurisdiction.
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16 The owner of a building damaged by fire or natural calamity shall be
17 permitted to stabilize the building immediately without approval and to
18 rehabilitate it later under the normal review procedures of this chapter.
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20 ° Op 4 1 Section 20 -11.5 Special provisions applicable to designated
21 historic sites.
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23 (A) NonConforming Signs.
24 Notwithstanding the provisions of Section 20 -4.3 (K), all existing non - conforming
25 signs located on a designated historic site may be repaired, altered, modified, copy
26 changed, expanded, replaced, or replicated provided that the Historic Preservation
27 Board approves and issues a certificate of appropriateness.
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29 (B) Off Street Parking Requirements.
30 Notwithstanding the provisions of Section 20 -4.4, designated historic sites are
31 exempt from all parking requirements.
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33 (C) Damage to a Nonconforming Structure.
34 Notwithstanding the provisions of Subsection 20- 4.8(G) if a nonconforming
35 designated historic structure is damaged by more than fifty (50) percent of its
36 replacement value such structure may be repaired or reconstructed to the same
37 footprint, height, and density; providing that the architectural style, design and
38 historic context is consistent with the original designation as evidenced by the
39 issuance of a certificate of appropriateness by the Historic Preservation Board.
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41 (D) Variances for designated historic sites.
42 n Notwithstanding the provisions of Section 20 -5.5 and Section 20- 6.1(3)(h), the
43 authority for hearing and recommending upon a variance request submitted for a
44 designated historic site or for a contributing building within a designated historic
45 district, shall be vested in the Historic Preservation Board subject to the following
46 conditions and restrictions:
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1 (1) The Planning and Zoning Department shall review all plans for
2 alterations, additions, restoration or renovation of designated historic site
3 prior to the applicant's submission for a Certificate of Appropriateness and
4 shall determine if there is a required variance in connection with the
5 proposed construction.
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7 (2) The variance in conjunction with an application for a Certificate of
8 Appropriateness, if approved, shall result in significant historic renovation
9 or preservation.
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11 (3) The Planning and Zonine Department and the Historic Preservation
12 Board shall follow the same procedural steps for the application, review and
13 recommending upon a variance as specified herein for the Planning Board
14 under Section 20 -5.5. There shall be no fees charged for the variance
15 application.
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17 (4) Recommendations by the Historic Preservation Board on a requested
18 variance in conjunction with an application for a Certificate of
19 Appropriateness shall not require a finding of hardship or extraordinary
20 conditions.
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(5) The granting of a Certificate of Appropriateness with a variance shall be
subject to approval by the City Commission, upon recommendation from
the Historic Preservation Board.
Section 3. That existing the Land Development Code regulations pertaining to historic
preservation including Section 20 -4.9 entitled "Historic preservation standards ", Section
20 -4.11 entitled "Special provisions applicable to designated historic sites "; Section 20-
5.17 entitled "Designation of Historic Sites'; Section 20 -5.18 entitled "Historic
Designation Reports ", and Section 20 -5.19 entitled "Demolition of designated sites;
demolition by neglect and certificates of appropriateness" are hereby included in new
Article 11 and therefore are deleted and removed from the Land Development Code.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 6. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of 2011.
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ATTEST:
CITY CLERK
1st Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
15
FE...• _I
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items \2011 \2- 15- 11\LDC Amend Zoning Historic Reg. Ord.doc
To: Honorable Chair and Date: January 25, 2011
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Amendment Historic
Planning and Zoning Department Regulations Amendment
PB -11 -005
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code to place in one article all current regulations pertaining to historic
preservation by creating new Article XI, "Historic Preservation Regulations" including Section
20 -11.1 to be entitled "Historic Preservation Board created /duties'; Section 20 -11.2 to be entitled
"Historic Preservation Standards "; Section 20 -11.3 to be entitled "Designation of Historic Sites ";
Section 20 -11.4 to be entitled "Historic Designation Reports'; Section 20 -11.5 to be entitled
"Demolition of designated sites; demolition by neglect and certificates of appropriateness "; Section
20 -11.6 to be entitled "Special Provisions Applicable to Designated Historic Sites" and making
revisions to update current wording and to modify certain provisions related to Board membership
and the demolition delay period; and deleting from the Land Development Code all current
regulations pertaining to historic preservation including Sections 20 -4.9, 20 -4.11, 20 -5.17, 20 -5.18.
20 -5.19, 20- 6.1(D); providing for severability; providing for ordinances in conflict; and providing
an effective date.
The Historic Preservation Board has been very active in recent years. Since 2004 a total of 41 residential
and commercial buildings including one historic district have been designated. The Board also reviews
annually 10 -12 proposed exterior renovation, rehabilitation, or signage projects which are proposed for
designated sites. A Certificate of Appropriateness is required prior to an applicant obtaining a building
permit.
The Historic Preservation Board at its December 27, 2010 meeting reviewed all of the regulations
contained in the Land Development Code which guide the preservation activities of the City. The current
regulations were adopted over a period of twenty years and are contained in six sections in three different
chapters. The Board felt that regulations should be updated and re- organized so that they can be located in
one section of the Code. In addition the Board felt strongly that certain provisions should be revised. The
Board at its meeting adopted a motion by a vote of 8 ayes 0 nays recommending that the amendments
contained in the attached Exhibit "A" be approved.
PROPOSED LDC AMENDMENT
The attached Exhibit "A" contains all of the historic preservation regulations currently in the Land
Development Code. All new wording is shown in bold /underlined; wording to be removed is shown in
stri t lf).The following is a summary of the updates and revisions being proposed:
(1) A new Article XI is proposed to be created. All existing sections would be renumbered to 20 -11.1, etc.
and relocated to Article XI;
(2) Technical updates are shown on several pages, these include correcting the Departmental name to the
"Planning and Zoning Department" and correcting Metro Dade County to "Miami -Dade County";
(3) Section 20 -4.9 p.3- A minor rewording to allow more flexibility in determining eligibility for historic
designation;
(4) Section 20 -5.18 p. 8- Removal of a requirement that a sealed survey be part of a designation report. In
many cases surveys of older properties are not available and the current folio, address or legal
description of a property is sufficient;
(5) Section 20 -5.19 p. 9 — The maximum demolition delay period is proposed to be extended from up to 6
months to "up to 18 months ". This proposal allows for a more appropriate time period to allow for
consideration of reuses or to interest another buyer who will preserve the subject building. This
provision varies widely among municipalities including a 6 -12 -18 month delay all the way to Coral
Gables and Miami Beach which can prohibit demolition indefinitely;
(6) Section 20 -6.1, p. 19 -20 — It is proposed that one of the nine members of the Board be Florida
attorney.
RECOMMENDATION
It is recommended that the amendments as described above and as set forth in Exhibit "A" be
approved.
Backup Documentation:
Exhibit "A"
Public Notices
TJV /SAY
X:\PB \PB Agendas Staff Reports\2011 Agendas Staff Reports \I- 25- 1 1 \PB -11 -005 LDC Amend Historic Reg -doe
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