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15To: Thru: From: Subject: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2001 The Honorable Mayor and City cor:nmiss,~i) Hector Mirabile, Ph.D., City Ma~,er (11 Christopher Brimo, AICP et f / Planning Director 'j/ Date: September 20, 2011 RE: Amendment to the Historic Preservation Board Ordinance ITEM No. --III,-~""",,-_ 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)(I)(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. STATUS UPDATE At its meeting held on January 25,2011, the Planning Board 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. On March 15, 2011, the City Commission deferred this item with a 5-0 vote. The Commission requested staff to review Section 2 entitled "Historic Preservation Regulations", Section 20-11 of the Land Development Code for consistency with the Miami-Dade County Code of Ordinances. Staff found that the format proposed by South Miami was consistent with the Code for Miami-Dade County. The Miarni- Dade County Code provided more discretion than the City's prior historic preservation regulations and all we have done was to make the Land Development Code as flexible as Miami-Dade County Code, (see attached M-D County Code). At the April 4, 2011 City Commission meeting, Mr. Jeffrey Bass, attorney, voiced his objections during the public hearing portion of this item. His objections to the item were regarding the extension of the delay to the demolition period, how the use of the word "may" in the ordinance was changed to "shall", and how the word "and" was changed to the word "OT." Because of this, the commission deferred the item a second time so that the ordinance could be sent back to the Historic Preservation Board for further review. For additional information, please refer to the attached meeting minutes for the April 4, 2011 City Commission meeting. At the May 23, 2011 Historic Preservation Board meeting, the Board discussed this item and had questions for Mr. Pepe [City Attorney]. However, because the City Attorney was not present at the meeting, no motion was taken on this item and was deferred to the next regular scheduled Historic Preservation Board meeting. Pursuant to Section 20-6.l(D)(2)(a)(i) Historic Preservation Board, Organization, Meetings, of the Land Development Code, The Board shall hold one (1) regular meeting each month on the last Monday of each month, except in June. At the July 25,2011 Historic Preservation Board meeting, the Board met and discussed this item with the City Attorney. The item was discussed in keeping with the April 4, 2011 City Com:rp.fssion concerns and reasons for deferral. The Board motioned to defer the item so that the City Attorney would include additional language that would clarify and justifY the demolition approval delayed effective date of up to six months. For additional information, please refer to the Boards attached meeting minutes of July 25, 2011. At the August 29, 2011 Historic Preservation Board meeting, the Board met and discussed this item once again with the City Attorney. The item was discussed in keeping with the July 25, 2011 meeting motion that the City Attorney would include additional language in reference to the demolition approval delayed effective date of up to six months. After careful review of this entire document to ensure that it is in line with the City's vision for its historic areas the Board determined that the change in how the board is appointed must be revised to be consistent with current regulations. It is no longer the Mayor with the advice and consent of the City Commission who appoints the members of the board and pursuant to Section 20-6.1(D)(1)(a), but rather each city commissioner shall appoint one (1) person to serve as a representative on the board. The City Attorney was researching the original ballot summary and has suggested that we may need to change the language in the "published" charter to conform to the ballot summary as well. RECOMMENDATION It is the Staffs recommendation that the attached proposed ordinance be approved as presented. Attachments: • Item #16 of City Commission Meeting Minutes, dated April 4, 2011 • HPB Staff Report dated August 29, 2011 • HPB Meeting Minutes, dated July 25, 2011 o Draft Ordinance • Public Notices CBY:\Comm ltems\20 11 \9-20-11 \ORDINANCE for HISTORlC REGULATIONS _ CM Report 9-20-ll.doc 2 ORDINANCE NO. ____ _ 2 3 An Ordinance amending the Land Development Code to place in one article all 4 current regulations pertaining to historic preservation by amending Section 20-6.1 5 (D)(I)(a) entitled "Historic Preservation Board Establishment and Membership" in 6 order to require that one member be a licensed attorney; and by creating new Article 7 XI, "Historic Preservation RegUlations" including Section 20-11.1 to be entitled 8 "Historic Preservation Standards"; Section 20-11.2 to be entitled "Designation of 9 Historic Sites"; Section 20-11.3 to be entitled "Historic Designation Reports"; Section 10 20-11.4 to be entitled "Demolition of designated sites; demolition by neglect and 11 certificates of appropriateness"; Section 20-11.5 to be entitled "Special Provisions 12 Applicable to Designated Historic Sites" and making revisions to update current 13 wording and to modify certain provisions related to the demolition delay period; and 14 deleting from the Land Development Code regulations pertaining to historic 15 preservation including Sections 20-4.9, 20-4.11, 20-5.17, 20-5.18, 20-5.19. 16 17 WHEREAS, the Land Development Code regulations which guide the 18 preservation activities of the City were adopted over a period of twenty years and are 19 contained in six sections in three different chapters, which makes it difficult for citizens, 20 architects, and contractors to locate and understand the regulations related to preservation 21 activities; and 22 23 WHEREAS, the Historic Preservation Board at its December 27, 2010 meeting 24 after reviewing all of the historic regulations contained in the Land Development Code 25 recommended that the regulations be updated and re-organized so that they can be located 26 in one section of the Code; and 27 28 WHEREAS, the Plauning and Zoning Department prepared an amendment to the 29 Land Development Code which amends certain provisions of the Code which regulate 30 historic preservation and creates a new Land Development Code Article XI, "Historic 31 Preservation Regulations" which places all existing preservation activities in one location; 32 and 33 34 WHEREAS, the Planning Board at its January 25, 2011 meeting after public 35 hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the 36 proposed amendment with the suggestion that the regulations creating the Board 37 membership/duties should stay in Section 20-6, and that the proposed change 111 new 38 Section 20-11.1(A)(2)(a) from "and" to "or" should not be adopted; and 39 40 WHEREAS, the Administration is supportive of the proposed creation of a new 41 Land Development Code Article XI, "Historic Preservation Regulations" and the Planning 42 Board's recommendation that the regulations creating the Board membership/duties should 43 stay in Section 20-6, and that the proposed change in new Section 20-11.1 (A) (2)(a) from 44 "and" to "or" should not be adopted; and 45 46 WHEREAS, the Historic Preservation Board at its August 29, 2011 meeting after 47 carefully reviewing the historic regulations contained in the Land Development Code and 2 1 after public hearing, adopted a motion by a vote of 7 ayes and 0 nays recommending 2 approval of the proposed amendment and instructed staff to proceed with the amended 3 regulations to the City Commission for adoption; and 4 5 WHEREAS, the City Commission desires to accept the recommendation of the 6 Historic Preservation Board, Plmming Board and City Administration and enact the 7 aforesaid amendments. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 10 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 1. That Section 20-6.1 (D) entitled "Historic Preservation Board" is hereby amended as follows: 20-6.1 -Administrative entities. * * * * * (D) Historic Preservation Board. (1) Establishment and Membership. (a) A Historic Preservation Board is hereby created which shall consist of nine (9) members who reside or work in the City. 1. Tfts ),{a:;"@f!, ;vitli tft@ advi€~€ and @@fi8€at €If tfts City C@mmissi€ll1, shall a}3p€lim th€ m@mh€fS €If the 13€1ani. i. Each city commissioner shall appoint one (1) person to serve as a representative on the board, and all remaining members of snch board or committee in excess of five (5) shall be appointed by three (3) affirmative votes ofthe city commission based on recommendations snbmitted by any city commissioner. Reappointments and/or replacements are to be made in the identical manner as the original appointments. ii. iii. All members shall be familiar with the purposes of preserving and protecting districts, structures or sites having historic or archeological worth. Board membership shall include two (2) registered architects licensed to practice in the State of Florida. If it is determined by the city commission that the positions of architect cmmot be filled by a qualified individual who resides or works in the city, the residency requirement may be waived by the commission and the position of architect may be filled by a qualified individual who does not reside or work in the city. Board membership shall include one (1) licensed Florida attorney. If it is determined by the city commission that the position of attorney cannot be filled by a qualified individual who resides or works in the city, the residency requirement may be waived by 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 IV. 3 the commission and the position of attorney may be filled by a qualified individual who does not reside or work in the city, Members shall serve for a term of two (2) years. (b) Any member of the board shall be automatically removed for missing three (3) regular meetings in a row or five (5) meetings in a twelve-month period. i. The Planning and Zoning Director shall keep a record of meetings missed. ii. The Planning and Zoning Director shall advise the City Commission and the member being removed that such member has been automatically removed. (2) Organization. (a) Meetings. i. The board shall hold one (1) regular meeting each month on the last Monday of each month, except in June. ii. Meetings shall not be held if no designation reports, plans, specifications or scheduled matters are to be submitted and/or initiated by the board for review. iii. Agendas of all meetings shall be posted at City Hall not less than three (3) working days prior to any regularly scheduled meetings, excluding workshops. (b) The board shall elect from its membership a chair and vice-chair for a one year non-successive term, respectively. i. The chair shall normally preside at all meetings of the board. ii. In the absence of the chair, the vice-chair shall preside. (c) A temporary chair may be elected at any meeting when both the chair and the vice-chair are absent or recused. (3) Powers and Duties. (a) The board shall have all such powers and duties granted by state law, ~ Miami-Dade County Code and this Code. (b) The board shall review and recommend approval, disapproval or modification of all applications for final approval by the City Commission of historic district and historic site designations, and site plans and specifications, and Certificates of Appropriateness, as required under this Code. (c) The board shall maintain and update files from the Miami-Dade County Historic Survey within the city for the purpose of determining and promoting those districts and sites of special historic or archeological value or interest. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4 (d) The board shall make recommendations to the City Commission on the designation of historic districts and sites, and archeological sites, pursuant to this Code. (e) The board shall endeavor to improve and expand the ~ Miami-Dade County Historic Survey with additional sites, information, oral histories and any other material as may be available, and periodically, to reevaluate the survey to determine whether changing times and values warrant recognition of new or different, historic and/or archeological districts and sites. (f) The board shall, in reference to specific historic districts or sites, or archaeological sites, recommend to the City Commission the use of preservation incentives, including tax incentives and advantages. (g) The board shall make recommendations to the City Commission concerning application for and the utilization of grants from federal and state agencies, or from private groups and individuals, and utilization of city funds to promote the preservation of historically significant districts and sites and archaeologically significant sites. (h) The board shall recommend contact of public and private organizations and individuals, engage in historic and archeological preservation education, and undertake all reasonable and proper means to promote preservation of historically and archaeologically significant properties which are proposed for, or under threat of, demolition, destruction or significant degradation. (i) The board shall evaluate and comment upon decisions by request of other public agencies affecting the physical development and appearance of historically significant districts and sites and archaeologically significant sites, or upon the request of the City Commission. (j) The board shall recommend approval of historic and archeological markers for properties within the city. (k) The board shall advise the city commission on matters related to the use, administration and maintenance of city-owned historically significant properties. (I) The board shall promote and encourage communication and exchange of ideas and information between the board and owners of historically and archaeologically significant properties, potential developers, public officials, financial institutions, and other interested persons. (m) The board shall have the responsibility to advise the City administration and City Commission on various matters, In accordance with the terms of this Code. (n) The board shall conduct any other function which may be designated or assigned by act of the City Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5 (4) Procedures. (a) Quomm and voting. i. A quorwn shall be five (5) members. ii. An affirmative vote of a majority of the members present shall be required to pass upon any matter on which the board is required to act under this Code. iii. In instances when the board considers a designation report, a quomm shall consist of five (5) members, at least one (I) of whom shall be an architect. (b) The board shall keep a permanent record of all proceedings before it. ( c) Meetings of the board shall be public and notification of such meetings shall be given in accordance with Code provisions. If any scheduled meeting is not held, then all applications scheduled for such meeting, except designation reports, shall be heard and decided by the Pl_illg aft€! Z@ll:il'lg Director of the cBliihlillg, Z@llillg aft€! C@lll:lll:lillitoy h>@v@I@IlIll:@1it Planning and Zoning Department (or the director's designee) no later than the end of the next business day after the scheduled meeting was to have been held. The director's decision, if for approval, shall constitute Historic Preservation Board approval. (d) All approved designation reports shall bear the official signature of the chair presiding at the meeting at which such reports are approved. (e) Reserved (f) Financial interest. i. Any member of the board who has a special financial interest, direct or indirect, in any matter before the board shall make that interest known and shall abstain from participation therein in any manner. ii. Willful failure to disclose such financial interest shall constitute malfeasance in office and shall render the action voidable by the City Commission. 35 Section 2. That new Article XI, to be entitled "Historic Preservation Regulations" 36 Section 20-11 is hereby created and shall read as follows: 37 38 ARTICLE XI. HISTORIC PRESERVATION REGULATIONS 39 40 ge@H@1l2(1 4.9 Section 20-11.1 Historic preservation standards. 41 42 (A) Historic and Archeological Sites. 43 44 45 46 (l) The Secretary of the Interior's Standards for Historic Preservation Projects: with Guidelines for Applying the Standards, 1979, or as may be updated, and the M@w@Il@litan Miami-Dade County historic preservation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6 guidelines shall be used by the board for reviewing projects proposed for designated historic properties and sites or for properties within historic districts. (2) In addition to the above referenced federal and county guidelines, the following shall also be utilized as general standards by the board for determining structures and sites having historic or archeological significance: ~ Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association, @l' and meets one of the following: ~ ill Are associated with events that have made a significant contribution to the broad patterns of our history; or ~ ill Are associated with the lives of persons significant in our past; or ~ itl Embody the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction; or ~ @ Have yielded, or are likely to yield information in history or prehistory; or ~ flU Are listed in the National Historic Register. (B) Demolition of Historic Structures. In addition to all other provisions of this Code, the board shall consider the following standards in evaluating applications for demolition of designated historic structures. (1) Is the structure of such interest or quality that it would reasonably meet national, state or local criteria for designation as an historic or architectural landmark? (2) Is the structure of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense? (3) Is the structure one of the last remaining examples of its kind in the area, city, county or region? (4) Does the structure contribute significantly to the historic character of a designated district? (5) Would retention of the structure promote the general welfare of the city by providing an opportunity for study of local history, architecture and design or by developing an understanding of the importance and value of a particular culture and heritage? (6) Are there definite plans for reuse of the property if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area? 7 I i!lS€:i@1l29 5.17 Section 20-11.2 Designation of historic sites. 2 3 (A) Report Required. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and distriets may be made to the Planning and Zoning Department by any member of the Historie Preservation Board, the Environmental Review and Preservation Board, the City Commission, the City administration or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one of the members of the board. The Historic Preservation Board may then meet as a body and develop recommendations to transmit to the City Commission regarding designations. (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP-OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off-street parking. The review shall be pursuant to the provisions set forth in Section 20-5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 8 (F) City Commission Public Hearing. (1) Public Hearing Requirement. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20-5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning and Zoning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tax rolls as notification of the intent of the City Commission to consider designation of the property. (3) Objections. Upon notification, any owner of a property proposed for· individual designation who wishes to object shall submit to the City Clerk's Office a notarized statement certifying the objection to the designation. SggH@li29 5.10& Section 20-11.3 -Historic designation reports. (A) Report Format and Contents. Report format designating historic or archeological sites may vary according to the type of designation. All reports shall address the following: (l) Historical, cultural, architectural and archeological significance of the property or properties being recommended for designation; (2) Projected, proposed or existing public improvements and developmental or renewal plans; (3) Boundary recommendations for historic districts and archeological zones and identification of boundaries of individual sites being designated~ oo@! (4) };: signed aDd s@sltHI SU:R'@Y of the suhjeet })r9IH~rty hy a registered 811r/eyor~ (B) Nonconforming Properties. Where a report is filed recommending designation of a district, the report must identifY those properties, if any, within the district which are not historically or architecturally compatible with structures in the district, and such report shall provide standards for regulating such nonconforming properties. SSgti@li 29 5.19 Section 20-11.4 Demolition of designated sites; demolition by neglect and certificates of appropriateness. (A) Order Required. Demolition of a designated building, structure, improvement, or site may only occur pursuant to an order of a govermnental agency or a court of competent jurisdiction or pursuant to an approved application by the owner. Demolition by neglect or significant degradation of a designated building, structure, improvement, 9 1 or site is hereby declared to be a violation of this Code, and IS subject to the 2 penalties and provisions set forth under Section 20-6. 3 (B) Notice Required. 4 (1) Governmental agencies having the authority to demolish unsafe· 5 structures shall receive notice of designation of individual sites, districts, or 6 archeological zones pursuant to this Code from the Historic Preservation 7 Board. 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 II public interest in, preserving the designated property, or significant relics 12 and artifllCts. 13 (C) Demolition Approval. 14 (1) No permit for voluntary demolition of a designated building, structure, 15 improvement or site shall be issued to the owner thereof until an application 16 for approval and the reasons therefore have been submitted to and approved 17 by the Plmming and Zoning Divisi@fi Department, pursuant to the 18 procedures in this Code. 19 (2) The Historic Preservation Board may petition the City Commission to 20 23 grant demolition approval under the condition that demolition permit application be 21 put on hold to allow the Board time to determine whether there is a !lerson, group or entity 22 ("interested person") who, in the opinion of the Board, is ready, willing and able to make 23 reasonable arrangements with the owner for the preservation of the property or who, in the opinion 24 of the Board, is ready, willing and reasonably able to raise money for the same or similar purpose. 25 However, in no event shall the delay exceed 60 days ("Initial Delay Period"), unless a member of 26 the Board notifies the City Commission that an interested person has been identified. Notice to the 27 City Commission shall be in writing and delivered to the City Clerk by United States maiL 28 facsimile transmission, e-mail or any other acceptable means, including by hand delivery. The 29 notice shall be delivered to the City Commission before the expiration of the Initial Delay Period. 30 If snch notice is timely delivered to the City Commission, the City Commission shall address the 31 matter at its next Commission meeting at which time it may delay the demolition for 6 months to 32 allow the interested person time to make arrangements with the owner and/or to raise necessary 33 funds. However, if the City Commission fails to vote on the matter and if the matter is not voted 34 upon at the next two scheduled City Commission meetings, the hold on the demolition process 35 shall be lifted the next business day following the last of such meetings. If the Commission grants 36 an extension, the Board, before the expiration of the extension, shall present the City Commission 37 with a status report. Thereafter, the City Commission may delay the demolition for a period not to 38 exceed 6 months to allow the interested party time to make satisfactory arrangement with the 39 owner for the preservation of the property. At the end of this period of time, the pennit hold shall 40 be lifted and the owner shall be allowed to proceed with demolition pennitting procedure. 41 24 eigil!eeH(l8) mOHths. 42 43 44 45 46 47 (3) Grant of a demolition approval shall be evidenced by written order of the Plarming and Zoning Di'lisi@fi Department detailing the public interest which is sought to be preserved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 10 (4) Such written order may be appealed to the City Commission, pursuant to provisions of this Code. (D) Structure Preservation. (1) During the demolition delay period, the board may take such action as it deems necessary to preserve the structure concerned, in accordance with the purposes of this Code. (2) Such steps may include, but shall not be limited to: (a) Consultation with civic groups, agencies and interested citizens; (b) Recommendations for acquiring property by public or private bodies or agencies; and (c) Exploration of the possibility of moving one (1) or more structures or other features. (E) Certificate of Appropriateness. (1) Certificate Required as Prerequisite to Alteration, Etc. Pursuant to a recommendation by the Planning and Zoning Director of the need for an appropriateness review, no building, structure, improvement, landscape feature, or archeological site within the City of South Miami which is designated pursuant to this Code shall be erected, altered, restored, renovated, excavated, moved, or demolished until an application for a "Certificate of Appropriateness" regarding any architectural features, landscape features, or site improvements has been submitted to and approved by the Historic Preservation Board or by the City Commission upon appeal. Architectural features shall include, but not be limited to, the architectural style, scale, massing, siting, general design, and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors and appurtenances. Landscape features and site improvements shall include, but are not limited to, site regarding, subsurface alterations, fill deposition, paving, landscaping, walls, fences, courtyards, signs and exterior lighting. No certificate of appropriateness shall be approved unless the architectural plans for said construction, alteration, excavation, restoration, renovation, or relocation are approved by the Historic Preservation Board or by the City Commission upon appeal. A certificate of appropriateness requesting a demolition permit for a designated historic structure must receive approval of the City Commission regardless of whether or not an appeal has been filed. (2) Standards for Issuance. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for any 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 11 certificate of appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the board to promote maintenance, restoration, adaptive reuses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. These guidelines may also serve as criteria for the Planning and Zoning Director to make decisions regarding the need for an application for a certificate. (3) Procedures. (4) (a) An applicant for a certificate of appropriateness shall submit an application to the Planning and Zoning Department and accompany such application with full plans and specifications, site plan, and samples of materials as deemed appropriate to fully describe the proposed appearance, color, texture, or materiaIs, and architectural design of the building and any outbuilding, wall, courtyard, fence, landscape feature, paving, signage, and exterior lighting. The applicant shall provide adequate information to enable visualization of the effect of the proposed action on the applicant's building and its adjacent buildings and streetscapes. If such application involves a designated archeological site, the applicant shall provide full plans and specifications of work that may affect the surface and subsurface of the archeological site. (b) The Historic Preservation Board shall review upon an application for a certificate of appropriateness affecting designated properties at a public meeting. The Board may approve, deny, or approve an application with conditions. Appeals from Board decision (a) An applicant or any interested party may appeal to the City Commission within 15 days, a certificate of appropriateness decision made by the Historic Preservation Board. The appeaI shall be submitted to the City Clerk on a fonn provided by the City Clerk. (b) The City Commission may approve, deny, or approve in modified form an application on appeal, subject to the acceptance of the modification by the applicant, or suspend action on the application for a period not to exceed thirty (30) days in order to seek technical advice from outside its members or to meet further with the appliCant to revise or modify the application. Notice of the public hearing by the City Commission shall be given to the applicant, property owner( s) and appellant by certified mail and to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 12 other interested parties by advertisement in a newspaper of general circulation at least ten (10) days prior to the public hearing. (c) The .decision of the City Commission on the appeal shall be issued in writing. Evidence of approval of the appeal and the application shall be by certificate of appropriateness issued in the form of a resolution of the City Commission. (d) If the appeal is denied, or modification is recommended, the City Commission shall, to the extent possible, make specific findings as to the reasons for denial and modification, and recommend appropriate changes, if possible. (5) Compliance of Work with Certificate Standards. All work performed pursuant to the issuance of any certificate of appropriateness shall conform to the requirements of the certificate. The City Manager shall designate an official to perform necessary inspections in connection with enforcement of this chapter, who shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the City Manager and copies of any stop work orders shall be furnished to both the Historic Preservation Board and the applicant. The designated official shall ensure that work not in accordance with a certificate of appropriateness shall be corrected to comply with the certificate of appropriateness prior to withdrawing the stop work order. (6) Emergency, Temporary Measures. For the purpose of remedying emergency conditions determined to be dangerous to life, health, or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction, or other repairs to a building or site, pursuant to an order of a govemment agency or a court of competent jurisdiction. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without approval and to rehabilitate it later under the normal review procedures of this chapter. S@@ti@!i 2Q 4.11 Section 20-11.5 Special provisions applicable to designated historic sites. (A) Non-Conforming Signs. 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 13 Notwithstanding the provisions of Section 20-4.3 (K), all existing non-conforming signs located on a designated historic site may be repaired, altered, modified, copy changed, expanded, replaced, or replicated provided that the Historic Preservation Board approves and issues a certificate of appropriateness. (B) Off Street Parking Requirements. Notwithstanding the provisions of Section 20-404, designated historic sites are exempt from all parking requirements. (C) Damage to a Nonconforming Structure. Notwithstanding the provisions of Subsection 20-4.8(0) if a nonconforming designated historic structure is damaged by more than fifty (50) percent of its replacement value such structure may be repaired or reconstructed to the same footprint, height, and density; providing that the architectural style, design and historic context is consistent with the original designation as evidenced by the issuance of a certificate of appropriateness by the Historic Preservation Board. (D) Variances for designated historic sites. fI Notwithstanding the provisions of Section 20-5.5 and Section 20-6.1(3)(h), the authority for hearing and recommending upon a variance request submitted for a designated historic site or for a contributing building within a designated historic district, shall be vested in the Historic Preservation Board subject to the following conditions and restrictions: (l) The Planning and Zoning Department shall review all plans for alterations, additions, restoration or renovation of designated historic site prior to the applicant's submission for a Certificate of Appropriateness and shall determine if there is a required variance in cOimection with the proposed construction. (2) The variance in conjunction with an application for a Certificate of Appropriateness, if approved, shall result in significant historic renovation or preservation. (3) The Planning and Zoning Department and the Historic Preservation Board shall follow the same procedural steps for the application, review and recommending upon a variance as specified herein for the Planning Board under Section 20-5.5. There shall be no fees charged for the variance application. (4) Recommendations by the Historic Preservation Board on a requested variance in conjunction with an application for a . Certificate of Appropriateness shall not require a finding of hardship or extraordinary conditions. 14 (5) The granting of a Certificate of Appropriateness with a variance shall be 2 subject to approval by the City Connnission, upon reconnnendation from 3 the Historic Preservation Board. 4 5 Section 3. That existing the Land Development Code regulations pertaining to historic 6 preservation including Section 20-4.9 entitled "Historic preservation standards", Section 7 20-4.11 entitled "Special provisions applicable to designated historic sites"; Section 20- 8 5.17 entitled "Designation of Historic Sites"; Section 20-5.18 entitled "Historic 9 Designation Reports", and Section 20-5.19 entitled "Demolition of designated sites; 10 demolition by neglect and certificates of appropriateness" are hereby included in new 11 Article-II,:. and th:@n~t'@n~ af@ a@h~t@€l ana f@m@v@€i R€Hll th€ Lan€l D@lf@h~~m@m C€Hl@. 12 13 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this 14 ordinance are hereby repealed. 15 16 Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason 17 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 18 affect the validity of the remaining portions of this ordinance. 19 20 Section 6. This ordinance shall become effective upon enactment. 21 22 23 24 PASSED AND ADOPTED this ____ day of ____ , 2011. 25 26 27 28 ATTEST: APPROVED: 29 30 31 32 CITY CLERK MAYOR 33 1 st Reading - 34 2nd Reading- 35 36 37 READ AND APPROVED AS TO FORM COMMISSION VOTE: 38 LANGUAGE, LEGALITY AND Mayor Stoddard: 39 EXECUTION THEREOF: Vice Mayor Newman: 40 Commissioner Palmer: 41 Connnissioner Beasley: 42 IslThomas F. Pepe :--_______ _ 43 CITY ATTORNEY Commissioner Harris: 44 45 46 47 Y:\Comm Items\20 11 \2-15-11 \LDe Amend Zoning Historic Reg. Ord.doc MIAMI DAILY BUSINESS REVlEW Published Daily except Saturday, Sunday and legal HOlidays Miami, Miami-Dada County,.Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V, PEREZ, who on oath says that he or sh(9 is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review m(/a Miami Review, a dany (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miaml~Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING & DATE CHANGE -APRIL 4, 2011 in the XXXX Court, was published in said newspaper in the Issues of 03/25/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Mjami~Oade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Fiorida, for a perIod of one year next preceding the first publication of the attached copy of advert!sement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisem r publication in the said newspa;). Sworn to and subscr1bed before me this I (SEAL) V. PEREZ personally known to me A ,R~sol~lIon. ontie MaY9.T .• ~g ,Gio/.,c~m~!¥~!qrJ1:0,f lh~. ci~:?i~~~I.~i MIami, .. F!onda', :authonzmg" the C.Jty ~ Manager, to execute ca· mu!t1-ann~~.! se~kc~' agiee~ent w~l~ .Mac~lI!f!~ 9i! _~om·p8.ny of F!orida, Ino, for·Ute purchasli!,.and d_~hvefY'9f bUlk ~ue:!,gasoHne and diesel for. the :-q!~Y's:N~Ii!~L~~f~~~f :~ii~~'~fjiJ~p~t:n:4p.t .. in}~~ ;~mq~'iii 11 $110,111 ;00 .. to 1{6,Chargea to Departmental Fue! Aycoiint N~rnber$ 001 :1320'S13-SZS0, Obl-1340-S1S-S230; 001-164.0-524-5230,·001: 19iO~521~5230 and 001;200Q:W:2-52GO;· providlng.',fori:ar1' e.ffective date. ; " . '1' :",,,, .. ' " ", ": ","" .' ., , ~LL intere~t~dP~rtles ~ra l~vited t.o apend a~d,wUl :be ~e~rd. ' ., '. ~:~'" .... ''-,... '~{: t,l For furth:~r }nf~r~.~t~~~ ~{6,a~~ ,contMt}he ~i~ .f!W~:,s ~~l~g-~t~.i 30?-663 6~O_.f;\~." .. ", ,,"-~.. '4 . ;l Maria M. Men(3:nqei, CMC CityC!e~k Pursuant to Florida statu;es ~el$_.9.105,'!he..c.rtY b~r.@b;,M~ses the.PtJ!:d~'i that if a person. decides to appeal any decisfo/l f!lade ,by this; Board,' Agency or Cpmmission .. ytith: respep~:1o ~ny: ~mattef considered at lts~ meeting or hearing" he or ,she "YiTJ need a record of the proceedings, and; thatJor such purposGi' affecfea pe'rs6'n may nee:'p t6 ensure that a verbatJ!T)i record 01 the proc~e~!~WJs,js ftl~9~ wl)ich,f.e<:o~g in~l~des Il:!e testimo!,)y, and evidence upon whicMhe appeal.i~ to heblis'ed.·' " 312$, . .11-3-130116714?3M Your community. ,. SALE! Shop all the deals and start saving todClY! f <!l> ~. InUmsave ,mart shopping 5ta¥t~ here. miamiherald.comlfindnsaVce NEIGHBORS CALENDAR ===<>=~-==-~,w;-;;-----.----.. _. _. ___ , _. _u .~-,-•• -... -.--•• ,=-.... -=-~"'-"" o CALENDAR, FROM 275£ electronics, unbroken fluofesc~t bulbs at olle of Miami-Dade's Home Chemical Collection ~nters at 8831 NW 5Blh St.. Doral or 23701 SW 97th Ave~ Gate B in Kenda!1~ 9 a.m.~5 p.m. daily except Nondays and Tue:~days; program is organited by MtaIT'j-Dade Solid Wasle Depart- ment, 883\ MW 58th St., Northwest Waml-Oada For more informali<.lIl, caU 311 or go to www,miamidade.gov/dswm. M!ami Riverday festival; The 15th annual event ce!ebrates the history oflhe I>liami River ilnd features fun·filled, family-oljented actlvllies, including free boat loufSa!ong the ~.' .. '.'. ~,) Miami River (arrive early for tickets), llve music by luis 80M with hls band and lanny Smith and The Earthman Project and historical rllenaclmenls, Presented by Miam! Rivar Commi:>s!on; l\ a,f(l.-4 PJI1, Saturday; Lummus Park Histolic. District, 250 NW Nor,\) Riv~r Or;, Biami; Ieee, 305-644-0544 or wWW,mla111!nvercomm!;uoo_ofg. CITY OF SOUTH MIAMI COURTESY NOTICE AND DATE CHANGE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Publio Hearings at its regular City CommissJon meeting scheduled for Monday. April 4. :2011, beginning at 7:30 p.m .. in the City Commission Chambers, 6130 Sunset Drive, to consider the following itam(s): A Resolution relating to a request pur:5uanl to Section 20·4.4{J) of1he Land Development Code faT Special Use Approval to locate an Interim Pat1<!ng lot at 7150~7160 SW 62 Avenue within the ~TODD {MU-5}" Transit Oriented Development District (Mixed Use 5) Zoning D[striCI; and provlcfmg an effective date. An Ordinance amending the Land Development Code to place 1rl one artlcfe regulations pertain1ngto historic preservationbyamendingSectlon 20-6.1 (D){1)(a) entlUfJd "Historlo Preservation Board Establishment and Membership" in order to require that one member be a Ucenlled attorney; and by creating new Article XI, ~Historic preservation Regulations~ Including Section 20~11.1 to be entitled "HiStoric Preservallon Standards"; Section 20-11.2 to be entitled "DeSignation of Histone: Siles"; Section 20-11.3 to be entitled ~Hlstoric Oes!gnatlon Reports"; Section 20-11.4 to be entitled "Demolition of designated sUes; demontion by neglect and certificates of approPTlatenGSS~~ Section 20-11.5 to be entitled "Special ProvisloM Applicable to DesIgnated Historic Sites" and making revisions to update currlmt wording and to modify certain provisions related to ttie demoliUon delay period; and deleting from the Land Development Code regulations pertainIng to hIstoric pr(lsewation including Sections 2{}'4.9, 20-4.11, 20-5.17.20·5.18. 20~5_19. A Ordinance amending the Pension Plan; providing fat an amendment of Sac 16w37 Powers of Board. A ResoMlon authori~jng the City Mansger to execute a contract agreement wllh propertyRcom.com, Inc. for auctionIng of surplus municipal property. A AesoluUonrelaling 10 conlracts; authorizing the City Manager to execufe an Inter~focal Agreement between Miami-Dade County, Miami-Dade Police Department. and the City Of South MIami for Senoat Cross1ng Guard Services in fY 2011/2012, A Res~luUon .authorizing the Ci~ Managarto exeeutea multi~annuaJ service agreement Wllh MacMillan OJ! Company of Ronda, Inc, for the purchase and detivel}' of bulk fuel gasoline and diesel for the Cily's Vehicle fleet and equipment In the amount of$110,111.00, to be charged to Departmental Fuel Account Numbers 001-1320-513-5230, 00l-1340-513~5230. 001-164o-524~5230, 001-1910-52.1-5230 and 001-2000-572-5230. Forfurther information, please contact the City Clerk's Office at (305) 663·6340, All. Interested parties are invited to attend and will be heard, Maria M. Menendez, CMC City Clerk f'ur.slWllla flo<Ida $1'\U!!lS28G.Ol05, UwClf)I h~ .. by-ad\'!~ 1110 ~~~ tlla1 if af>ll<~on <lodd5~ 11/ llPPI'ol any <I~nllltl<le by Illb Board, A!.w",:y <If CommlSilonwilh ~P<>Ct \0 i#lY INII~J o:;m;ideled -at ~ nweli~!.I orhearlng, he ot $IW Vlill need .. ,e-:;Q,d "I 1M p<Ocee<lIr.g$, Mlllhal f~r~\I"" po~~, aJr""lcllpereon m~ynee<! I!I e,;:i\UC (!>ala V$lool1mrecord oJ 1M plQ<;cwOI\Isla madto 'IIlliel) n!C<l,d ];'\{;fudes lila lut1mony 2{,d a,1d<mCD "jXlfl v,llleli Illo appe.! i$ bl bG b~_ South Miami hOd iflTi.1 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Board Members Date: August 29, 2011 Historic Preservation Board 0 rN / Via: Christopher Brimo, AlCP, DirectorUJ '/ Re: From: Lourdes Cabrera-Hernandez, LEE~ ~ Planning and Zoning Department ~.~ Historic LDC Regulations Update 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)(I)(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 Desiguated 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. STATUS UPDATE At its meeting held on January 25, 2011, the Planning Board 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. On March 15, 2011, the City Commission deferred this item with a 5-0 vote. The Commission requested staff to review Section 2 entitled "Historic Preservation Regulations", Section 20-11 of the Land Development Code for consistency with the Miami-Dade County Code of Ordinances. Staff found that the format proposed by South DRAFT any to register with the City Clerk and pay an a.'1Ilual fee of$500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. I. Call to order: Mr. Kurtzman called the meeting to order at 7:38 p.m. II. Roll Call: Roll call was performed. Board members present constituting a quorum: Ms. Shelley, Mr. La Monica, Mr. Kurtzman, Ms. Clyatt, Mr. Costales, and Mr. Hochstim. Board members absent: Ms. Lahiff City staff present: Thomas F. Pepe, Esq. (City Attorney), Lourdes Cabrera-Hernandez (Principal Planner), Marcus Lightfoot (Pennit Facilitator). Staff members absent: Christopher Brimo (Planning Director). III. ADMINISTRATION: Mr. Kurtzman stated that the next scheduled meeting for the Historic Preservation Board will be on August 29, 2011. Mr. Kurtzman then introduced Christopher Brimo, the new Planning and Zoning Director. Ms. Cabrera then stated that Mr. Brimo was unable to be present at the meeting. Ms. Cabrera added that there are two (2) new board members that need to be sworn in. Mr. Pepe then swore in both Ms. Donna Shelley and lVlr. Gary Costales, the new Historic Preservation Board members. Discussion on amendments to Historic Preservation Provisions in the Land Development Code. Mr. Kurtzman stated that it was his understanding that the word "may" vs. "shall" was one ofthe issues with the proposed ordinance. Mr. Pepe stated that the issue pertaining to the use of the word "shalF' instead of "may" can be found in Section 20-lLl (A)(2) of the proposed ordinance. He then stated that the parties that were in objection to this change have found this change to' be satisfactory. The main issue with this ordinance can be found in 20-1Ll (A)(2). The issue is whether subparagraph "a" should be part of the general standard and that everything following subparagraph "a" would be an additional element that would have to be found. Mr. Pepe then stated that if the word "and" is not kept then the ordinance will be inconsistent with both the federal and county guidelines for historic preservation. Mr. Hochstim stated that one of the concerns with the ordinance was the fact that a lot of guidelines are stated but there was no way to choose which guidelines to use. Mr. Pepe stated that if subparagraph "a" were made a part of subparagraph "2," and subparagraph "b" was changed to be subparagraph "b" the ordinance would make more sense. Ms. Shelley stated the MWL Page 1 of5 Z:IHPB Historic BdlHPB Minutes12011 Minutes\July 25, 2011IHPB Draft Regular Meeting Minutes -7-25-1 J.doc ordinance would have required the Board to follow nine (9) different guidelines in order to historically designate a building. This change would aid the Board in historically designating buildings in the city. Motion: Mr. Kurtzman motioned to approve the following changes to the ordinance: subparagraph "a" is made a part of subparagraph "2," and subparagraph "b" be changed to be subparagraph "b." The motion was not seconded. Ms. Shelley stated that there are other issues with the ordinance, and the motion should be held until after the other issues are discussed. These other issues include the demolition period. Mr. Kurtzman asked the City Attorney what the issue was with the demolition period. Mr. Pepc stated that the City Commission felt that if the demolition period went on for too long that it would have a significant impact on the property owner. There was also a suggestion that the demolition period be six months, but give the city the option to add an additional six months to the timeframe. Ms. Shelley stated that there is no way to save a building in six months. She then stated that the perspective of the Board is that they are advocates for the building. She then stated that she is comfortable with the period being set at twelve (12) months, or a period of six (6) months with an extension of an additional six months. By doing so, this would allow for time to determine if there is any interest from the community and then set up fundraising events that could be used to save the building. The Vice-Chairman opened the public hearing. NAME Deana Falce ADDRESS 46 SW 1 st Street # 300 SUPPORT/OPPOSE Deana Falce, representative of the Law Offices of Shubin & Bass stated that she was in agreement with the wording pertaining to "shall" and "may." She also stated that she was in agreement to the change that was made to the wording "andlor." Ms. Falce asked the Board go about determining if there was any interest in the community for a particular building. Ms. Falce clarified her question by asking what the process would be to determine if there was interest for a particular building. The Vice-Chairman closed the public hearing. Ms. Shelley stated that there are two (2) ways to determine community interest. The Board could see how the community at large feels about a building or someone who possesses both the will and capacity to support the city buying the building in question. Mr. Kurtzman stated that the City Commission should determine what sufficient community interest should be, not the Historic Preservation Board. Mr. Kurtzman restated the motion that he made earlier with some additions. MWL Page 2 of5 Z:IHPB Historic BdIHPB MinutesllOl1 MinutesVuly 25, 201lIHPB Draft Regular Meeting Minutes -7-25-ll.doc Motion: Mr. Kurtzman motioned to approve the following changes to the Section 20-11.1 (A)(2) of the ordinance: subparagraph "a" is made a part of subparagraph "2," and subparagraph "b" be changed to be subparagraph "b." and that it should come back to the Historic Preservation Board for review before going on to the city commission. Ms. Shelley seconded the motion. Vote: 6 Ayes 0 Nays Mr. Pepe suggested to the Board that the sentence listed found in Section 20-11.4(C)(2) of the ordinance should include the following language: "Historic Preservation Board may petition the City Commission to withhold demolition for a delayed effective date of up to six (6) months. He then suggested that the Board should determine if an extension should be added. Motion: Mr. Kurtzman motioned to defer the item so that the City Attorney could include additional language that would clarifY and justifY the demolition approval delayed effective date of up to six months. Ms. Clyatt seconded the motion Vote: 6 Ayes 0 Nays IV. APPROVAL OF MINUTES: Meeting minutes fOr May 23. 2011 Mr. Kurtzman moved to approve the minutes with the condition that the line that reads "Ms. Clyatt then stated that the nephew of the preacher is the person making all of the decisions for the church," which was found at the end of the second paragraph after Historic Designations be removed. Ms. Shelley seconded the motion. Vote: 6 Ayes 0 Nays V. CERTIFICATE OF APPROPRIATENESS 1) HPB-U-002 Applicant Present: Felix Abrucias Ms. Cabrera read the item into the record. Applicant: Artistic Awning Property Owner: Ruby M. Bacardi Location: 7221 SW 58 Avenue Request: Site Improvement -Awning Mr. Hochstim asked if the Board allows a submission to the Historic Preservation Board that alters the elevation without providing a drawing of the elevation. Mr. Abrucias stated that an elevation detail of the building was provided, oh which Mr. Hochstim stated that an isometric view was submitted which is different than an elevation of the building. There wasn't anything provided for review that shows what the finished awning will look like against the building. Mr. Abrucias stated that the proposed awning will not be attached to the building. Ms. Cabrera stated that the applicant checked off on the Application for Certificate of Appropriateness (COA) that elevations were submitted for review when in fact they weren't. Ms. Cabrera then stated that the COA application states that Elevations should be submitted, if applicable. MWL Page 3 of5 Z:IHPB Historic BdlHPB Minutes\20 II Minutes\July 25, 201IIHPB Draft Regular Meeting Minutes -7-25-ll.doc Mr. Abrucias asked if Mr. Hochstim is concerned with the pitch of the roof or the drainage of water off of the awning. Mr. Hochstim stated that he was not concerned with neither of those items. He then stated that his main concern is the appearance of the bUilding. Because an elevation was not submitted the Board is unable to determine how the low pitch of the north side of the awning meshes with the roof of the building. Mr. Hochstim stated that he has the following issues with this item: the proper documentation was not submitted, and the awning is not compatible with the east end of the eve. He then stated that a feature for this item is the fact that the awning will be placed at the back end of the building. M..r. Abrucias stated that the proposed awning will be attached to the wall of the building. Mr. Hochstim stated that this was not the case. The proposed awning will be attached to the eve of the building. Ms. Cabrera clarified for the record that the applicant needs to submit elevations of the building showing the impact of the awning on the facade. Mr. Kurtzman asked staff if all was needed was a drawing of the east elevation that shows the awning, ofwl'.ich Ms. Cabrera stated yes. Ms. Shelley asked the applicant how the awning will be installed into the ground. Mr. Abrucias gave an explanation of how the proposed awning will be installed into the ground. Mr. Lamonica asked if AutoCAD drawings would give a better representation of the awning. Mr. Abrucias stated that AutoCAD would allow the architect to create isometric drawings of the proposed project. Mr. Hochstim added that AutoCAD is only an electronic means of drawing the elevation. Motion: Mr. Hochstim moved to deny the application due to insufficient information. Ms. Clyatt seconded the motion. Mr. Kurtzman asked staff if it would be better to table the item instead of denying the application. Ms. Cabrera responded that the item should come back for review. Mr. Hochstim amended his motion to recommend deferral for the application with conditions. Motion: !VIr. Hochstim moved to defer the application so that elevations of the building could be presented to the Historic Preservation Board for review. Ms. Clyatt seconded the motion. Vote: 6 Ayes 0 Nays VI. HISTORIC DESIGNATIONS No Historic Designations at this time. MWL Page 4 of5 Z:IHPB Historic BdIHPB Minutes120ll Minutes\July 25, 201lIHPB Draft Regular Meeting Minutes -7-25-ll.doc VII. NEW/OLD BUSINESS Ms. Shelley stated that the owners of the Irish Times installed flags that required screws to be drilled into the building face; the color of their sign was changed. Ms Shelley then stated that these renovations never came before the Historic Preservation Board. Ms. Cabrera then stated that staff will look into this issue. Mr. Lamonica resigned from the Historic Preservation Board. Mr. Costales stated that the term lengths of the Board members have not been updated on the City website. Ms. Clyatt asked if there are any areas of interest for historic preservation. Ms. Shelley mentioned the church. Ms. Clyatt stated that the historic designation of the church is in limbo. Mr. Kurtzman asked staff to bring the most updated list of properties scheduled for historic designation to the next meeting. Ms. Cabrera stated that she will look into bringing the list to the next meeting. Ms. Clyatt suggested that the Board try to designate the shotgun houses again. Mr. Kurtzman asked Ms. Clyatt to bring a list of the shotgun properties to the next meeting. VIII. ADJOURNMENT Motion: Mr. Kurtzman motioned to adjourn the meeting at 8:40 p.m. Ms. Clyatt seconded the motion. MWL Page 5 of5 Z:IHPB Historic BdIHPB Minutes\2011 MinutesIJuly 25, 201lIHPB Draft Regular Meeting Minutes -7-25-ll.doc Moved by Mayor Stoddard, ~econded by Commissioner Palmer to approve this item.· Commissioner Harris pulled this item -from the Consent Agenda for clarification. With no· further comments, the motion to approve the Consent Agenda passed by a 4-0 vote: Vice Mayor Newman: .. Commissioner Beasl,ey( Commissioner Harris: . Mayor Stoddard: (This item was withdrawn) Yea Absent Yea Yea 15. A Resolution of the Mayor and City Commission. of the City of South Miami, Florida, adopting a rule of order whereby the. appointlllent" . of a1.1. board and committee members shal1. regular1.y be pl,wed on the Consent Agenda to be ratified by the Commission; and providing· an effective date._ 3/5 (Corr~issioner Harris) ORDiNANCE (8) SECOND READING PUBLIC HEARING (S) 16. An Ordinance of the Mayor and Ci ty Commission of the City of South Miami, F1.orida, 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 Preserva-tion Board Establishment and Me:nbership" in CITY COHIHSS'ION MINUTES Apri.l 41 201l 9 I I I I I I I I ! I I I r"/'··" I :z: ~); '1ft order to require that one member be a licensed attorney; and by creating' new Article XI, "Historic Preservation Reg-..11ations" inclUding section 20-11.1 to . be entitled "Historic Preservation Standards"; Section 20-11.2 to be entitled "Designation of Historic Sites"; SectioI\ 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"; Seotion 20-11. 5 to be entitled . "Speoial . Provisions Applicable to Desianated 'Hist6ricSites" and making reVJ.sJ.ons to .. update .. current .. wording and. to . modify certain provisions .. related . to .... the demolition' deiay . 'period; and dei~Hng from the.r..;;'ndDeveiopme,;;, t (;ocie regulations' '. peitainir;g to'h.ist·oric presex\,"ati6n' inoluding Sections 20;'4.9,. 20-4.11, 20-5; 17, 20-5.18, 20-5.19; providing for severability; providing for ordinanoes in confliot; and providing an effective date. (Deferred 3/01/11 & 3/15/11) 3/5 (City Manager-Planning Dept.) Moved by Commissioner Palmer, seconded by Mayor Stoddard to approve this item~ The public hearing was opened at thi~.time. Attorney Jeffrey Bass said that he ~Iished to reincorporate the remarks that he has made on all of the hearings· until the present, and asked that they be included in the record of this proceeding to express his thanks to all for the courtesy of allowing him to appear before the Commission over and over on this issue. HOvlever, he said that the proposed changes do not . remedy the deficiencies that vlere' the subject of the correspondence that he transmitted to the City. At this time Mayor Stoddard referred to a handout that he previously provided at the meeting showing Miami-Dade County vs. City of South Miam:\., language. Mr. Bass spoke about his objections: one' objection was to the extension 'of the delay of the demolition period; and he went on to explain; the other objection was to the use of the word "may" in the' ordinance by changing .it to a "shall"; a third objection had to do with the subtle but significant change of ~he word "and" t6 an "or". with no further speakers the public hearing was closed. ( . ( -----'-'~~'--.-.. --.-*-~-,-----. ----------.-._-'_ .. ----. __ ._,. __ .. ,--"--'-_.-.' .. ,,----~---'-'.'----'--"---' ."--.------ CITY C011HISSIOl~ NINtJTES April 4:; 2011 10 I I I i Jl.t this time Vice· Mayor Ne\.,man requested the Attorney's opinion regarding Mr. Bass's objection to proposed change of the word "and" to an·"or". City the Hr. Pepe said that the proposed ordinance is· giving the Board the option of finding any of these .elements· (a) through (f) as being grounds to find that the· property is historic, and that he does not see how there l.,ould be a constitutional challenge. Mr .... Bass said that he believes that. the purpose of the six- month . period is to' provide the Commission to see if there are any alternatives to demolitibp; he then suggested for the Commission to. consider having· ... the . 6-rnonths which· could. be extended for an additi6na16":inCirith period;· . - At this time the Commission mentioned the requirement for the 4/5 vote in the event that the owner objects to the historic designation. Regarding the 4/5 votes Hr. Pepe said that seen, he believes that the Charter is clear as require a 3/5 and. a 4/5 vote; therefore, it Charter is being amended by ordinances that language. He said that he I.,ill be researching it we need to follo~1 the Charter. for what he has to . what actions seems that the contradict its further because Moved· by. Mayor Stoddard, seconded by Commissioner Harris, the motion to defer this item to be sent back to the Historic Preservation Eoard for further review and recommendation passed . by a 4-0 vote: Commissioner Palmer: Vice Mayor Nel''I1lan: Commissioner Eeasley: Commissioner Harris: j)1ayor Stoddard: 15-11-2088 Yea Yea Absent Yea Yea 17. A Ordinance of the Mayor and the City Commission. of the city of South Miami, Florida 'amending the Pension Plan; providing for an. amendment of Sec 16-37 Powers of Board; providing for severability, conflict and an effective date. .3/5 (City Manager) Moved by Mayor Stoddard, seconded by Commissioner Harris to approve this item . ... ----_.-.----_._---_ .. _ ... _---_._-------... --.---,--.. _------_.----_ .. -... _ ........ _------- CIT? COHHIssrON MINOTES April 4, .2011 I ! I I I !