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11To: Thru: From: Subject: South Miami ~d,.,:tI CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ~rffP 200t The Honorable Mayor and City commiss~1' Hector Mirabile, Ph.D., City Ma~,er (111 Christopher Brimo, AICP eJY f / Planning Director 'j/ Date: September 20, 2011 RE: Amendment to the Historic Preservation Board Ordinance ITEM No. --11-- 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 eutitled "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 Miami- 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 "or." Because ofthis, 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 infonnation, 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 Commfssion 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 infonnation, 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 detennined 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)(l)(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 confonn to the ballot summary as well. RECOMMENDATION It is the Staff's 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;IComm Items\20 II \9-20-11 IORDINAl'lCE for HlSTORlC REGULATIONS _ CM Report 9-20-11.doc 2 1 2 ORDINANCE NO. _____ _ 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 Planning 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 in 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 Plarming 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 I 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, Planning 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: II 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. (l) 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. Th@ ~;1a.nw, wid} tll€~ a€i'vi@@ and @@ltlS@ftt @f t'k@ City C@mmissi@:ft, shall apf!@mt th@ m@~@rg €tfth@ @@an:i. 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 of the 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. 11. 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 cannot 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 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 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 tenn, 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 Connty 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 lMeOO 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. G) 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) Quorum and voting. i. A quorum shall be five (5) members. ii. An affinnative 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 quorum shall consist of five (5) members, at least one (1) of whom shall be an architect. (b) The board shall keep a pennanent 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 PI_ing anti bsning Director of the Euillling, b@ning au€! C@!lJliJ.lUllity I)g'lgl@]3l1lgnt 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 gg~ti@n 29 4.9 Section 20-11.1 Historic preservation standards. 41 42 (A) Historic and Archeological Sites. 43 44 (1) The Secretary of the Interior's Standards for Historic Preservation 45 Projects: with Guidelines for Applying the Standards, 1979, or as may be 46 updated, and the Mgtf@fJ@litM. Miami-Dade County historic preservation 1 2 3 4 'P 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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: W 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, @f and meets one of the following: ~ ll!l Are associated with events that have made a significant contribution to the broad patterns of our history; or ~ !hl Are associated with the lives of persons significant in our past; or ~ 1£} 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 ~ ~ Are listed in the National Historic Register. 23 (B) Demolition of Historic Structures. 24 In addition to all other provisions of this Code, the board shall consider the 25' following standards in evaluating applications for demolition of designated historic 26 structures. 27 (1) Is the structure of such interest or quality that it would reasonably meet 28 national, state or local criteria for designation as an historic or architectural 29 landmark? 30 (2) Is the structure of such design, craftsmanship or material that it could be 31 reproduced only with great difficulty andJor expense? 32 (3) Is the structure one of the last remaining examples of its kind in the area, 33 city, county or region? 34 (4) Does the structure contribute significantly to the historic character of a 35 designated district? 36 (5) Would retention of the structure promote the general welfare of the city 37 by providing an opportunity for study of local history, architecture and 38 design or by developing an understanding of the importance and value of a 39 particular culture and heritage? 40 (6) Are there definite plans for reuse of the property if the proposed 41 demolition is carried out, and what will be the effect of those plans on the 42 character of the surrounding area? 43 44 45 46 7 1 S@eti€lll: 29 S.l+Section 20-11.2 Designation of historic sites. 2 3 (A) Report Required. 4 5 6 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. 7 (B) Historic Preservation Board Recommendation. 8 The Historic Preservation Board shall make recommendations to the City 9 Commission concerning all properties proposed as historic sites, districts or 10 archeological zones. 11 (C) Proposals and Preliminary Evaluation and Recommendation. 12 (1) Application for designation of individual properties and districts may be 13 made to the Planning and Zoning Department by any member of the 14 Historic Preservation Board, the Environmental Review and Preservation 15 Board, the City Commission, the City administration or the property 16 owner(s) ofthe subject property for designation. 17· (2) The Historic Preservation Board shall conduct a preliminary evaluation 18 of available data for confOlmance with the criteria set forth herein and may 19 direct the preparation of a formal designation report by one of the members 20 of the board. The Historic Preservation Board may then meet as a body and 21 develop recommendations to transmit to the City Commission regarding 22 designations. 23 (D) Historic Preservation Board Findings. 24 (1) If the board finds that the proposed designation meets the intent and 25 criteria set forth in this Code, it shall transmit such recommendation to the 26 Planning Board and City Commission with the designation report and any 27 additions or modifications deemed appropriate. 28 (2) If the board finds that the proposed designation does not meet the intent 29 and criteria in this Code, no further action shall be required, except that the 30 board's action may be appealed in accordance with the provisions of this 31 Code. 32 (E) Planning Board Review. 33 (1) Following a favorable recommendation by the Historic Preservation 34 Board, a proposed designation shall be implemented by the adoption of an 35 "HP-OV" Historic Preservation Overlay zone for the property set forth in 36 the historic designation report. 37 (2) The Planning Board shall determine if the designation is compatible 38 with the goals and policies of the Comprehensive Plan, and if the proposed 39 historic site and/or district regulations would change any existing zoning 40 district regulations such as, for example, permitted use, height, floor area 41 ratio, yard setbacks or off-street parking. The review shall be pursuant to 42 the provisions set forth in Section 20-5.5, Applications requiring public 43 hearings. The recommendation of the Planning Board on the proposed 44 designation shall be transmitted to the City Commission. 45 46 8 1 (F) City Commission Public Hearing. 2 (1) Public Hearing Requirement. The City Commission shall hold a public 3 hearing, pursuant to the provisions set forth in Section 20-5.5( G) and notice 4 requirements of subsection (2) and as required by the provisions of the City 5 Charter, on each proposed designation within sixty (60) calendar days of the 6 recommendation by the Historic Preservation Board and/or the filing of the 7 completed designation report. 8 (2) Notice Requirement. At least ten (10) calendar days prior to the public 9 hearing for each proposed designation of an individual site, district or zone, 10 the Plarming and Zoning Director shall mail a copy of the designation 11 report to the owner at the address listed on the most recent tax rolls as 12 notification of the intent of the City Commission to consider designation of 13 the property. 14 (3) Objections. Upon notification, any owner of a property proposed for 15 individual designation who wishes to object shall submit to the City Clerk's 16 Office a notarized statement certifying the objection to the designation. 17 18 S@eM@ll:29 5.18 Section 20-11.3 -Historic designation reports. 19 20 (A) Report Format and Contents. 21 Report format designating historic or archeological sites may vary according to the 22 type of designation. All reports shall address the following: 23 (1) Historical, cultural, architectural and archeological significance of the 24 property or properties being recommended for designation; 25 (2) Projected, proposed or existing public improvements and developmental 26 or renewal plans; 27 (3) Boundary recommendations for historic districts and archeological 28 zones and identification of boundaries of individual sites being designated, 29 ana: 30 (4) l ... sign:eo and sealed 811f"J{@Y of the sft-h:jeet llrQIH~rty "by a :registl~r(HI 31 suPleyo r. 32 (B) Nonconforming Properties. 33 Where a report is filed recommending designation of a district, the report must 34 identify those properties, if any, within the district which are not historically or 35 architecturally compatible with structures in the district, and such report shall 36 provide standards for regulating such nonconforming properties. 37 38 SeeH@ll: 295.19 Section 20-11.4 Demolition of designated sites; demolition by 39 neglect and certificates of appropriateness. 40 41 (A) Order Required. 42 Demolition of a designated building, structure, improvement, or site may only 43 occur pursuant to an order of a govemmental agency or a court of competent 44 jurisdiction or pursuant to an approved application by the owner. Demolition by 45 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 f01ih 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 11 public interest in, preserving the designated property, or significant relics 12 and artifacts. 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 Plarming and Zoning D¥fisi@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 person, 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 such notice is timely delivered to the City Commission, the City Commission shall address the Qf) 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 owher for the preservation of the property. At the end of this period of time, the permit hold shall 40 be lifted and the owner shall be allowed to proceed with demolition permitting procedure. 41 24 eigltteen(l8) months .. 42 43 44 45 46 47 (3) Grant of a demolition approval shall be evidenced by written order of the Planning and Zoning Divisi@FI Department detailing the public interest which is sought to be preserved. 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 (l) or more structures or other features. (E) Certificate of Appropriateness. (1) Certificate Required as Prerequisite to Alteration, Etc. Pursuant to a recommendation by the PI arming 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 materials, 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 appeal shall be submitted to the City Clerk on a form 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 12 other interested parties by advertisement in a newspaper of general circulation at least ten (l0) 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 government agency or a court of competent jurisdiction. 37 The owner of a building damaged by fire or natural calamity shall be 38 permitted to stabilize the building immediately without approval and to 39 rehabilitate it later under the normal review procedures of this chapter. 40 41 S@@ti@1l: rig 4.11 Section 20-11.5 Special provisions applieable to designated 42 historie sites. 43 44 (A) Non-Conforming Signs. 13 Notwithstanding the provisions of Section 20-4.3 (K), all existing non-confom1ing 2 . signs located on a designated historic site may be repaired, altered, modified, copy 3 changed, expanded, replaced, or replicated provided that the Historic Preservation 4 Board approves and issues a certificate of appropriateness. 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 (B) OjJStreet Parking Requirements. Notwithstanding the provisions of Section 20-4:4, designated historic sites are exempt fTOm 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. !l 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: (1) 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 cOlmection 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 nnder 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 1 2 3 4 (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. 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! atla th@F@F€Jf@ af@ €lgl@t€~€l all€! f@m€p:G@ H@ID the Lruui D€P/@h~f!m@t1t C€HiG. 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 I 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 Commissioner Beasley: 42 IslThomas F. Pepe :-_______ _ 43 CITY ATTORNEY Commissioner Harris: 44 45 46 47 Y:\Comm Items\20 II \2-15-11 \LDC Amend Zoning Historic Reg. Ord.doc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays MIami, Miaml·Dade Oounty,.F!orida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she Is the LEGAL CLERK. Legal Notices of the Miami Daily Business Review f/kJa Mfamf Review, a dany (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Mlami~Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Not!ce in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING & DATE CHANGE -APRIL4. 2011 in the XXXX Court. was published in said newspaper in the Issues of 03125/2011 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami In said Mjami~Dade County, Rorida 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 Mjami~Dade County, Florida. for a period of one year next preceding the first pubHcatJon of the attached copy of advertlsementj 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 advertiseme : r publication in the said newsp~. Swom to and subscr1bed before me this 7 (SEAL) V. PEREZpersonaJly known to me . A R~olUtion oJ,the ·M~YOr.· and City Gommi?sl~~';C;f lh~ d~';f SQutti. Miami, : .Florida-,~ '~autho'rjzlnt{-'the" citY'I'Manager . fa . ex~#liii ":a~ multiwannu~d seocca agreement with ·MacMii1?fl Oi!.Company of Florid.a. Inc; for.tj1e purchase.,and d.eliveIY·QPjUlt< (ueiJ.gasoline and drese! fOr. the...-qttY'S;:-J~ti)~I~;tf!~~f :~n{i:,·ifH)J!p~~~ . .in:~~n~ ;~mqq~i ~! $110,111 ;00,' to be C"harged to Departmental Fuel Account NuMbers 001-~ 320'513-52'30.· Obl-13~O·513-5230; 001-16Ao~624-5230.· 001' ~~~~.521 ~~23~ 'r~. ??1 ;~o.?~:~?;~-,9~GO;' Pfo,ViCiin~t:?rl"~.~:,~~~~(v~ . .... . ALL fnterested.partles are I~vited to attend a~d,wiJI'be h'e~rd ' , '. ~r '. . ... '-, .... ' , '. iii": '/.! F:of furtl:lfil:r }nt9rrt1'.~ti91J. ~15a~~ contact}~ q~ .?~~~~s O~ice:-~~j 30?663;·6~~O:·_ Jk_.fr~~7 <"'>_:0' .. ' -. ;,{ i,; :.' '. ::; Marla M, Meof.'nqei, CMC CityCferk . ..: PUrstlant to Florida statutes ?8E?,t;}:105,· !hePily O~f.§by'~dvises lhe.Pl!Plicl Iflat if a person. decides' to. appeal any de6isiqn f!lade .by thts. Board, i Agency or C9mmisslon .. \"t(lth: resPe0: ·.to ~ny. ~rnattef considered at Ifs~ meeting or hearing, he or,sre ,#ilI need a reccrd !?f the proceedings, and; that.for such purp0sBi' affecteo person rnay nelid to ensure that a verbatinj! record 01 the prO,c?e~!!)f;;s,j~ f!1;;I?fJ1 :--llich f,e9.or~ in.clydes ,ttte tastilT!ol}Y. and evidence upon WhIGh-tt'le appeal!~ to tie based:" I' 312'S, _. . ,_. ,11~j..130!1671473M :2!~E I SUNDAY, MARCH 27. 2011 SE Your community ... SALE!: Shop all the deals and start savipg to(:layl (l)save ,lnart shopping st",rt$ here. miamiherah:l,comlfincinsav!l NEIGHBORS CALENDAR .. CALENDAR, FROM 2151: electronics. unbroken fluore.scent bulbs at one of l<liam!-Oade's Home Cllemical CoUecUon Ceflt~rs at 8a31 !NI SSI!\St, Dora! or 23707 SW 91th Ave~ Gatl! B in Kendall;. 9 a.m.-S p.m. dally except Nomlays and Tues.dayS; program is organ!ted by Mlarrj-Oaue Solid Waste Depaft~ ment, 8831 NW 58th St., NOItt\west Hiami-Dade. FQr mole !nIQrmation, cal!)l1 or 91l to www,miamidade.9ov/dswm. Miami Rlverday Fesllva!: lh~ 15th annual eVf:nt celebrates the history of tho ~liall1i River and fea\uras run-Oiled, famlly-orienled aC\ivilles, including lree boat tours along lhe @)' /' .. . ..,. ... ' Miami nillcr(lmive 1!arly for titkets). live n\usicby Luis 80rm with his band and laOIlY Smith and Thl! Earlhman Project <lndhlstorica! reenaclmenls. Presenied by Miami River Commission; n<1.rn.-4 p.m, Saturday; ll.1mmU5 Park BistOlic District, 250 NW Nor11l River Dr., Hlami; free. 305·644·0544 or www.mialTllrivercommission.olg. CITY OF SOUTH MIAMI COURTESY NOTICE AND DATE CHANGE NOTICE IS HEREBY given that the City Commission oftha City of South Miami. Flodda wl\! conduct Public Hearlngs at its regular City Commission meeting scheduled fOl" Monday, April 4. 2011. beginning at 7:30 p.m" in the City Commission Chambers, 6130 Sunset Drive, to conslder the follow!ng item(s): A ResoluUon relating to a request pursuant to Section 20-4.4{J} oHhe Land Development Coda for SpacIal Use Approval to locate an Interim Parklng lot at 7150·7160 SW 62 Avenue "VIIilhln Ihe "TODD {MU-5}" Transit Oriented Development Dlstrtct (Mixed Use 5) Zoning District; and provIdIng an effective date. An Ordrnance amending the L.and Development Code to place in onB article all current regulations pertaining to historicpreservalionbyamendlng Seotion2D-e, 1 (Ol{i leal entitled "Historic Preservation Board Establishment and Membership" In order 10 require that one member be a I1censed attorney; and by creating neVi Article XI, ~Historic Preservation Aegula\lonsH including Section 20,11.1 to.be entilled "Historic Pre$ervation 51andards"; Section 20~11,2 to be entltled "Designation 01 Historic Sites"; Section 20~11.3 to be entitled ~H1stot1c DeSignation Reports~: SecUon 2()-11.41O be enllUed "Derno\itlon of designated sites; demolition by neglect and certlllcates of approprlataness n ; SecUon 20·11.5 to be entitled "Special Provisions Applicable to Designated Historic Sites" and making revisions to update current wording and to mOdify certain provisions relate.d to Ihe demotil1oll delay period; and deleting from the Land Development Gode regulallons pertaining to historic preserval10n including SectiOns 2.()--.4.9, 2.0-4.11, 2.0-5.17, 20-5.16. 20-5.19. A OrdInance amending the Pension Plan; providing for an amendmenl of Sac 16~37 POwers of Board. A Aeso!ul!on atJthorl~lng the City Manager to execute a contract agreement with PropertyRoom.com, Inc. for aucUon!ng of surplus municipal properly. A Aeso]ullon relating to contracts; aulhorizlng the City Manager 10 execute an Inler-foca! Agreement between Miami-Dade County, Miami-Dade Police Department, and the City Of South Miami for School CfOS$I~ Guard Services in FY 2.01112012- A Resolution author!~ing the City Managerto executea multi-annual service agreement with MacMillan Oil Company of Florida, Inc, for the purchase and delivery of bulk. fuel gaSOline and diesel for tha C«y:S vehicle fleet and equipment In the amount of $nO,111.00, (0 be charged 10 Departmental Fue! Account Numbers 001-1320-513-5230, 001w1341)..513--S230, 001-164!)..S24-5230, 001-1910·521-5230 and 001-200Q..572.-5230. For further information. prease contact tha City Clerk's Office at (.J05) 663.6340. ALL Interested parties are invited to attend and wlJ! be heard. Maria M. Menendez, CMC City Clerk. P""'"""Uo fIorllla StaM""2*.Ol~. llln 0(1)1 h~ll1b)' a<tvls~ lh~ publO; lhnt if II PG<~Qn<;:<x:Id,,~ 10 uppuilany <I<>ci:;ioll m~<la by 11113 aGard. A;;cnq IN Cornmts,Ion-wHhrespecl to;my walter Oln;s;derl:<l,,\ iu meeting orheari<lg. he 01 she I'<m "eecta .eGo.u "f tIl~ p'acec:lf"!P-.1!Il1l lhal r<"ir~u,b 1'11'1>"5". a[I""'ledpersw> mGyn~(<I '" ellSuro thaI II V&batlm record of tho p'QCe~din.9$I$ !'lII\;:I" whiCh 1<!GOld Includes !he lesllmcny and ~<ld""c" upon y,hk:h tho appeal ~ to b& b .... o;<I. South Miami hOd fijj'r 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Board Members Date: August 29, 2011 Historic Preservation Board 0 rfVI / Via: Christopher Brimo, AICP, Director\)) '/ Re: From: Lourdes Cabrera-Hernandez, LEE~ ~JJy" 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 Desiguation 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 Sectious 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 2 Miami was consistent with the Code for Miami-Dade County. The Miami-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 Miaini-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 wa;; changed to "shall", and how the word "and" was changed to the word "or." 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 met to discuss this item and had questions for Mr. Thomas 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 20-6.1 (D)(2)(a)(i) Historic Preservation Board, Organization, Meetings, of the Land Development Code, The .Board shall hold one (l) regular meeting each month on the Jast Monday of each month, except in June. At the July 25, 2011 Historic Preservation Board meeting, the Board met and discussed this item with Mr. Thomas Pepe, City Attorney. The item was discussed III keeping with the April 4, 2011 City Commission concerns and reasons for deferral, as noted on the above paragraph. 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. RECOMMENDATION Because this item was deferred by the City Commission on two occasions, it is staffs recommendation that the attached proposed ordinance be reviewed to ensure that it is in line with the City's vision for its historic areas. In addition, guidance could be given to the Planning and Zoning Department on how staff should proceed on this partiCUlar item. Attachments: • Item #16 oiCity Commission Meeting Minutes, dated April 4, 2011 • HPB Meeting Minutes, dated July 25, 2011 o Draft Ordinance LCH Y:\HPB Historic Bd\HPB Agendas Staffreports\20i 1\8 H 29·11\LDC Amend Zoning Historic Reg. Update Report 8~29·11.~oc DRAFT requires any activities to register with the City Clerk and pay an annual 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. 1. 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 (Permit 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 ]VIr. 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 of the issues with the proposed ordinance. Mr. Pepe stated that the issue pertaining to the use of the word "shall" instead of "may" can be found in Section 20-11.1(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 20-11.1 (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 Bd\HPB Minutes\2011 MinutesVuly 25, 2011IHPB Draft Regular Meeting Minutes· 7·25-11.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. Kurtzmall 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 ot.'1er 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. Pepe stated that the City Commission felt that if the demolition period went on for too long that it would have a significant inlpact 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 timefrarne. 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. Fake 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 detemline 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:\HPB Historic BdIHPB Minutes\2011 Minutes\July 25, 2011\HPB 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: Ms. Kurtzman motioned to defer the item so that the City Attomey 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 tor 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-ll-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. Hochstirn 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. Hochstirn 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 BdIHPB Minutes\2011 MinutesIJuly 25, 2011IHPB Draft Regular Meeting Minutes -7-25-11.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 awnirlg will be placed at the back end of the building. l\1r. 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 staffifall was needed was a drawing of the east elevation that shows the awning, of which 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. Hochstirn 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: Mr. 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 BdlHPB Minutesl2011 MinutesIJuly 25, 2011IHPB Draft Regular Meeting Minutes -7-25-11.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 MinuteslJuly 25, 201lIHPB Draft Regular Meeting Minutes -7-25-ll.doc 57-11-13371 14', A Resolution of the Hayor and City Conunission of the City of South Mi~i, Florida authorizing a change in the scope of the work and authorizing th"" City V~nager to approve a purchase in the a~ount of $10,970, to build a half basketball court __ at Dante Fasm;ll Park -through Leadex -Corporation; using the awa~ded FRnAP 'grant--, -(FJ.orida Reoreatio-n Development Assistanoe) I _ through, FRDAP':' D-ante Fascell,: account 114-2000-572-6302; providing ,an effective-date. 3/5 ,--:-(City'Manag;"r-Pal:ks&Recr~af.ion Dept;) -:_ .... . . ." .. ... .1.. .. ." .", - Moved by Mayor Stoddard, seconded 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 BeasJ,ey( Commissioner Harris: , Hayor 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, appoin tInen t:;; 'of all hoard and commi ttea members shall regularly be placed on the Consent Agenda to be ratified by the Commission; and providing' an effective date., .3/5 (Corr~issioner Harris) . ,,",~. -,' . .: .. OfUllfNANCE (8) SECOND RE/U:mIlG PUBLIC HEARING {S} 15. 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) Ca) -entitled "Historic Preserva-tion Board Establishment and Melnbership" in I I I I I I I I ,e,l'i"" "e ;z o ,:,1,: .. 1 --_._--_._,-_._. __ .. -.... _-_._---_._--------' "._-----------,,--_ .. _---'---.--,_._---------------_._-----:-----,---- CITY COHI~IssrON lofTN1JTES April 4, 2011 9 order to requi~e that one member be a licensed attorney; and by creating new Article XI, "Historic Preservation Regulations" including Section 20-11.1 to 'he entitled '\Historic PreserV"ation standards" i Section 20-11;2 to be entit~ed \\Designation of Historic Sites"; Section 20-'11.3 to be' entitled "Historic Designation' Rep6rtsff; . Section· 20-11.4 to' be. entitled "Demolition of designated sites; demolition by neglect and certificates of appropriateness"; Section 20-11. 5 to be enti t.led . "Speciai . Provisions Applicable to Designated·Historic Sites·"· arid making reVl.Sl.ons to update . current .yording and. to modify certain provisions. related to the demolitio.n delay ··periocl;.: and deletl.ng. from· the. Lind . Deireiopinen to c:"cie 'xe9ulati~ns . '. pertaining' . to '-". 'hist'ori'c preserv-at:l6n' including Sections 20:"4.9,.20-4.11, 20-5;17, 20-5.18. 20-5.19; providing for s~verability; providing .for ordinances in conflict; 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 tha.t he ~lished to reincorporate ene remarks that he has made on all of th~ 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. However, he said that the proposed changes do not . remedy the deficiencies that ~Iere· 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" tb an "or". With no further speakers the public nearing was closed. (. ( __ -_._._,~_~ ___ . __ ._._~_. __________ . ____ , ___ , . ___ ,_ . ____ , ___ , . __ ,. ___ '--0'-----____ , __ . ____ .. ___ . _. __ . ____ - .... 'i C011HISSIOl~ NINUTES .1 4, 2011 10 I I I I I I 1 1 At this time Vice' Mayor Newman requested the Attorney's opinion regarding Mr. Bass's objection to proposed change of the \'iord "and'" to an' "or". City the Mr. 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 \vould be a constitutional challenge. Mr,." Bass said that he believes that, the purpose of the six- month 'period is' to' provide the conimission to see if there are any alternatives to demolitib.n; he then suggested for the Commission, to ,consider ,having, the .6-months vlhich' could, be exbinded fOr an addiUOna16"':inorith pe':d6d; , ," At this time the Commission mentioned the requirement for the 4/5 vote in the event that the o;;ner objects to the historic designation. Regarding the 4/5 votes Mr. 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 Ivill be researching it we need to folIo;; the Charter. for lvhat 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 Board for further review and recommendation passed 'by a 4-0 vote:, Commissioner Palmer: Vice Mayor Nel\'lllan: Commissioner Beasley: Commissioner Harris: , ])1aY03:" Stoddard: 15-11-2088 Yea Yea Absent Yea Yea ,17. A Ordinance of the Mayor and the City Commission' of the city of South Mialni, Florida. 'amending the Pension Plan; providing for an, amenclment: of Sec 16-37 Powers of Board; providing for seve:ability, conflict and an effective date. ,3/5 (Ci ty Manager) !>1oved by Mayor Stoddard, seconded by Commissioner Harris to approve this item. -'_.-. -,---_., -.~--------------_. -_. ---,--.. ----_.--. ---_ ... "'-"'.'" --._---- CI'l'i" COi-Ir.JISSION MINOTES Ap:dl 4, 2011 11 --.! .• ,._._-. _.----.. -----.- I ! f !