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12To: Thru: From: Subject: South Miami ~ CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM rOll' 2001 The Honorable Mayor and City Commission Hector Mirabile, Ph.D., City Manage;f{ Christopher Brimo, AICP 1\ r{V/ / Planning Director \lJ; Date: November 15, 2011 RE: Amendment to the Historic Preservation Board Ordinance ITEM No. 1;6. An Ordinance amending the Land Development Code to create a new Article XI, titled "Historic Preservation Regulations" and to place all current regulations pertaining to historic preservation into Article XI; amending Section 20-6.1 (D) to change the procedure and criteria for appointing Historic Preservation Board members; amending all regulations pertaining to historic preservation found in Sections 20-4.9, 20·4.11, 20-5.17, 20-5.18 and 20-5.19 to update the wording, modifying certain provisions related to the guidelines concerning historic preservation designation, amending historic designation report elements, amending the procedure for issuance of a demolition permit and appropriately renumbering all of these Sections for inclusion illl Article XI STATUS UPDATE At its meeting held on January 25, 2011, the Plarming Board conducted a public hearing and adopted a motion by a vote of 7 ayes 0 nays recommending approval of the p,roposed 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 defen'ed 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 ionnat 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 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 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 Attomey]. However, because the City Attorney was not present at the meeting, no motion was taken on this item and was defelTed 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 Commission concerns and reasons for deferral. The Board motioned to defer the item so that the City Attorney would include additional language that would clalify and justify the demolition approval delayed effective date of up to six months. For additional info1Tllation, 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 discllssed 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 histOlic areas the Board dete1Tllined that the change in how the board is appointed must be revised to be consistent with CUlTent regulations. It is 110 10llger the Mayor with the advice and consent of the City Commission who appoints the members of the board alld pursuant to Section 20-6.1(D)(1)(a), but rather each city commissioller shall appoint one (1) persoll to serve as a representative 011 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. On September 20,2011, the City Commission heard a previous version of this ordinance on first reading. Due to additional questions that were raised by the Commission, the City Attorney recommended defelTal of the ordinance until the amendments could be incorporated. The revised ordinance was sent back to the Historic Review Board on October 25, 2011 by the City Attorney to solicit additional comments. The attached proposal is the final amendment that addresses the comments and concerns. RECOMMENDATION It is the Staffs recommendation that the attached proposed ordinance be approved as presented. Attachments: .. Draft Ordinance • Public Notices CB Z:\Comm Items\2011\11-15-11\Fil'stJlistoric Ord\ORDINANCE for HISTORIC REGULATIONS_eM RepOlt 11-15-ll.doc 2 1 2 ORDINANCE NO. _____ _ 3 4 An Ordinance amending the Land Development Code to create a new Article XI, 5 titled "Historic Preservation Regulations" and to pJaee all current regulations 6 pertaining to historic preservation into Article XI; amending Section 20-6.1 (D) to 7 change the procedure and criteria for appointing Historic Preservation Board 8 members; amending all regulations pertaining to historic preservation found in 9 Sections 20-4.9, 20-4.11, 20-5.17, 20-5.18 and 20-5.19 to update the wording, 10 modifying certain provisions related to the guidelines concerning historic 11 preservation designation, amending historic designation report elements, amending 12 the procedure for issuance of a demolition permit and appropriately renumbering all 13 ofthese Sections for inclusion in Article XI 14 15 WHEREAS, the Land Development Code regulations which guide the 16 preservation activities of the City were adopted over a period of twenty years and are 17 contained in six sections in three different chapters, which makes it difficult for citizens, 18 architects, and contractors to locate and understand the regulations related to preservation 19 activities; and 20 21 WHEREAS, the Historic Preservation Board at its December 27, 2010 meeting 22 after reviewing all of the historic regulations contained in the Land Development Code 23 recommended that the regulations be updated and re-organized so that they can be located 24 in one section of the Code; and 25 26 WHEREAS, the Planning and Zoning Department prepared an amendment to the 27 Land Development Code which amends certain provisions of the Code which regulate 28 historic preservation and creates a new Land Development Code Article XI, "Historic 29 Preservation Regulations" which places all existing preservation activities in one location; 30 and 31 WHEREAS, the Planning Board at its January 25, 2011 meeting after public 32 hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the 33 proposed amendment with the suggestion that the regulations creating the Board 34 membership/duties should stay in Section 20-6, and that the proposed change in new 35 Section 20-11.l(A)(2)(a) from "and" to "or" should not be adopted; and 36 37 V'IHEREAS, the Administration is supportive of the proposed creation of a new 38 Land DeVelopment Code Article XI, "Historic Preservation Regulations" and the Planning 39 Board's recommendation that the regulations creating the Board membership/duties should 40 stay in Section 20-6, and that the proposed change in new Section 20-11.1 (A) (2)(a) from 41 "and" to "or" should not be adopted; and 42 43 WHEREAS, the Historic Preservation Board at its August 29, 2011 meeting after 44 carefully reviewing the historic regulations contained in the Land Development Code and 45 after public hearing, adopted a motion by a vote of 7 ayes and 0 nays recommending 46 approval of the proposed amendment and instructed staff to proceed with the amended 47 regulations to the City Commission for adoption; and 2 1 2 WHEREAS, the City Commission desires to accept the recommendation of the 3 Historic Preservation Board, Planning Board and City Administration and enact the 4 aforesaid amendments. 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 7 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 8 9 10 Section 1. Section 20-6.1 (D) titled "Historic Preservation Board" is hereby amended as 11 follows: 12 13 20-6.1 -Administrative entities. 14 * * * * * 15 (D) Historic Preservation Board. 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 (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. i. Th@ ?:1aysf, ?fKith tfl:@ aelYi€H~ all€! @€H18@m sf t41@ City C@mmi88i@1l, shall ap13@int tfl@ IDrsml3@F8 €lfth@ h@ar€l. i. Each City Commissioner shall appoint one (1) person to serve as a representative on the Board, and all remaining members of such Board or committee in excess of five (5) shall be appointed by three (3) affirmative votes of the city commission based on recommendations submitted by any City Commissioner. Reappointments and/or replacements are to be made in the identical manner as the original appointments. ii. 111. Reappointments and/or replacements are to be made in the identical manner as the original appointments if the entire Board is to be replaced, otherwise, any commission member may nominate a member for a vacancy by way of a proposed resolution. 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 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 IV. 3 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. The Board shall include one (1) member who is a licensed Florida attornev ("attorney/member) If it is determined bv 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 the commission and the position of attorney mav be filled by a qualified individual who does not reside or work in the city. If the City cannot locate a qualified attorney who is willing to sit on the Board, then the City Commission may fill the attorney/member seat by appointing anyone else who is otherwise qualified to be a member of the Board. 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 rQw 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. 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 (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 temporar'j 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 s11ch powers and duties granted by state law, M€OO 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 Planning and Zoning Department 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. (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 M€OO 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 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 5 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 connnent 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. (1) 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. (4) Procedures. (a) Quorum and voting. i. A quorum 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. 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 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 Planning and Zoning Department 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 Planning and Z€H3:1flg Director of the Bmhling, ZEHling at'lG G®_¥l!!1ity ];) :'.'sl®j'lIl1@nt 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 Conunission. (g). The City's staff, the Director of the Miami-Dade County Office of Historic Preservation, and private parties may make recommendations to the Board for the initiation of designations of historic districts and individual historic sites, whether residential, commercial, industrial or other types of sites. The recommendation shall be addressed to the Board and delivered to the City Clerk by United States mail, facsimile transmission, or e-mail. The Board, in its discretion, may make its own recommendation to the City Commission for the adoption, amendment to or rejection of such suggestions which shall be treated as an application. See Chapter 16- A: Sec. 16-3.1 (4)(a)(2). In such event, the Board shall notifY the Planning Director who shall provide due notice to affected parties, 7 1 2 Section 2: The City of South Miami's Land Development Code is hereby amended 3 to add Article XI, titled "Historic Preservation Regulations" 4 5 Section 3: Section 20-4.9 of the City of South Miami's Land Development Code 6 is hereby amended, the Section is hereby renumbered from Section 20-4.9 to Section 20- 7 11.1 and the new Section 20-11.1 is hereby moved from Article N to Article XI. 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 Section 20-11.91 Historic Preservation Standards. (A) Historic and Archeological Site Designation Guidelines. (1) The Board shall use the following guidelines for reviewing projects proposed for desiguation as historic properties and sites or for properties within historic districts and for the purpose of recommending the designation of areas, places, buildings, structures, landscape features, archeological and paleontological sites and other improvements or physical features, as individual sites, districts or archeological or paleontological zones that meet at least one of the following criteria: (a) Are significant in South Miami and Miami-Dade County's history, architecture, paleontology, archeology or culture and that possess an integrity oflocation, desigu, setting, materials, workmanship or association. (b) Are associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric, paleontological and architectural history that have contributed to the pattern of history in the South Miami community, Miami-Dade County, south Florida, the State of Florida or the nation. (c) Are associated with the lives of persons significant in our past. (d) 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 Lrldividual distinction. (e) Have yielded, or are likely to yield information in history or prehistory; (f) Are listed in the National Register of Historic Places. (2) Properties not generally considered; exceptions. Certain properties, which include cemeteries, bLrthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties commemorative in nature and properties that have achieved significance within the last fifty (50) years, will not normally be considered for designation. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall vvithin the following categories: ( a) A religious property deriving primary significance from architectural or artistic distinction of historical importance. 1 (b) A building or structure removed from its location but which is 2 primarily significant for architectural value, or is the surviving structure 3 most importantly associated with an historic event or person. 4 ( c) A birthplace or grave of an historical figure of outstanding 5 importance ifthere is no other appropriate site or building directly 6 associated with his/her productive life. 7 (d) A cemetery which derives its primary significance from graves 8 of persons of transcendent importance, from age, distinctive design 9 features, or from association with historic events. 1 0 (e) A property primarily commemorative in intent if design, age, 11 tradition or symbolic value has invested it with its own historical 12 significance. 13 (f) A property or district achieving significance within the past fifty (50) 14 years if it is of exceptional importance. 15 16 (B) Demolition' of Historic Structure Guidelines. In addition to all other 17 provisions of this Code, the Board shall consider the following standards in 18 evaluating applications for demolition of designated historic structures. 19 20 21 22 23 (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? 24 (2) Is the structure of such design, craftsmanship or material that it could 25 be reproduced only with great difficulty and/or expense? 26 27 (3) Is the structure one of the last remaining examples of its kind in the 28 area, city, county or region? 29 30 (4) Does the structure contribute significantly to the historic character of 31 a designated district? 32 33 (5) Would retention of the structure promote the general welfare of the 34 city by providing an opportunity for study of local history, architecture and 35 design or by developing an understanding of the importance and value of a 36 particular culture and heritage? 37 38 39 40 41 (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? 42 Section 4: Section 20-5.17 of the City of South Miami's Land Development Code 43 is hereby amended, the Section is hereby renumbered from Section 20-5.17 to Section 20- 44 11.2 and the new Section 20-11.2 is hereby moved from Article V to Article XI. 45 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 9 Section 20-11.2 Designation Procedure for Historic §ites. (A) Report Required. 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 districts may be made to the Planning and Zoning Department by any member of the Historic 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 critelia 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 Plap, and if the 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 10 proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, pennitted 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. (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. 29 Section 5: Section 20-5.18 of the City of South Miami's Land Development Code 30 is hereby amended, the Section is hereby renumbered from Section 20-5.18 to Section 20- 31 11.3 and the new Section 20-11.3 is hereby moved from Article V to Article XI. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Section 20-11.3 -Historic Designation Reports. (A) Report Format and Contents. Report fonnat designating historic or archeological sites may vary according to the type of designation. All reports shall address the following: (1) Historical, cnltural, 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 11 (3) Boundary recommendations for historic districts and archeological zones and identification of boundaries of individual sites being designated~ ! (4) Ie sigIl€a alld seaie6 survey of tke 'suhje{;t pr9pevty by a registered: SlU 'l€~y6r. (B) Nonconforming Properties. Where a report is lied 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 regnlating such nonconforming properties. 15 Section 6: Section 20-5.19 of the City of South Miami's Land Development Code 16 is hereby amended, the Section is hereby renumbered from Section 20-5.19 to Section 20- 17 11.4 and the new Section 20-11.4 is hereby moved from Article V to Article XI. 18 19 Section 20-11.4 -_Demolition of...Qesignated.Jiites; Demolition by 20 Neglect and Certificates of Appropriateness. 21 22 (A) Order Required. 23 Demolition of a designated building, structure, improvement, or site may 24 only occur pursuant to an order of a governmental agency or a court of 25 competent jurisdiction or pursuant to an approved application by the 26 owner. Demolition by neglect or significant degradation of a designated 27 building, structure, improvement, or site is hereby declared to be a 28 violation of this Code, and is subject to the penalties and provisions set 29 forth under Section 20-6. 30 31 (B) Notice Required. 32 (1) Govermnental agencies having the authority to demolish unsafe 33 structures shall receive notice of designation of individual sites, districts, 34 or archeological zones pursuant to this Code from the Historic 35 Preservation Board. 36 37 38 39 40 41 42 43 44 45 (2) The Historic Preservation Board shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by said governmental agency and the owner relative to the feasibility of, and the public interest in, preserving the designated property, or significant relics and artifacts. (C) Demolition Approval. (1) No permit for voluntary demolition of a designated building, structure, improvement or site shall be issued to the owner thereof until 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 12 an application for approval and the reasons therefore have been submitted to and approved by the Planning and Zoning Divisigl! Department, pursuant to the procedures in this Code. (2) The Historic Preservation Board may petition the City Commission to place a hold on the demolition permit process to allow the Board time to determine whether there is a person, group. agencv or entity ("interested person") who, in the opinion of the Board, is ready, willing and able to make reasonable arrangements with the owner for the preservation of the property or who, in the opinion of the Board, is ready, willing and reasonably able to raise money for the same or similar purpose or to take any action provide for in this Section for the preservation or protection of the property. However, i.ll no event shall the delay exceed 60 days {"Initial Delay Period''}, unless a member of the Board notifies the City Commission that an interested person has been identified. Notice to the City Commission shall be in writing and delivered to the City Clerk by United States mail, facsimile transmission, e-mail or any other acceptable means, including by hand delivery. The notice shan be delivered to the City Commission before the expiration of the Initial Delay Period. If such notice is timely delivered to the City Commission, the City Commission shall address the matter at its next Commission meeting at which time it may delay the demolition for 6 months to allow the interested person time to make arrangements with the owner, andlor to raise necessary funds. However, if the City Commission fails to vote on the matter and if the matter is not voted upon at the next two scheduled City Commission meetings, the hold on the demolition process shall be lifted the next business day following the last of such meetings. If the Commission grants an extension, the Board, before the expiration of the extension, shall present the Planning and Zoning Director with a status report and the City Manager shall. present the report to the City Commission. Thereafter, the City Commission may delay the demolition for a period not to exceed 6 months to allow the interested party time to make satisfactory arrangement with the owner for the preservation of the property. At the end of this period of time, the perwit hold shall be lifted and the owner shall be allowed to proceed with the demolition permitting procedure. ",eith a g@iay@€1 eff22tiv2 €Iat@ 2f llfl te ciMt@€H (18) sin (9) ID@l1tft8. (3) The Planning and Zoning Department ("the Department") shall not grant demolition approval without first preparing a written report or memorandum detailing the public interest that will be served if the demolition application is approved. The report or memorandum shall be sent to the Historic Preservation Board thirty (30) days before the demolition application is approved by the Department. 1 2 3 4 5 6 7 8 9 10 11 12 l3 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 13 (4) The Historic Preservation Board, or any interested person or entity, may petition or appeal to the City Commission to overrule the decision to grant demolition approval and the applicant, or any interested person or entity, may petition or appeal to the City Commission to overrule the denial of demolition approvaL (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, movec4 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 appurtena!1Ces. 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. 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 14 (2) Standards for Issuance. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for any 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. (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 shaH 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 desiguated properties at a public meeting. The Board may approve, deny, or approve an application with conditions. (4) Appeals Fom 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 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 15 appellant by certified mail and to 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 Wark 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. 31 (6) Emergency, Temporary Measures. 32 For the purpose of remedying emergency conditions determined to be 33 dangerous to life, health, or property, nothing contained herein shall 34 prevent the making of any temporary construction, reconstruction, or 35 other repairs to a building or site, pursuant to an order of a govennnent 36 agency or a court of competent jurisdiction. 37 38 The owner of a building damaged by fire or natural calamity shall be 39 permitted to stabilize the building immediately without approval and to 40 rehabilitate it later under the normal review procedures of this chapter. 41 42 Section 7: Section 20-4:11 of the City of South Miami's Land Development Code 43 is hereby amended, the Section is hereby renumbered from Section 20-4.11 to Section 20- 44 11.5 and the new Section 20-11.5 is hereby moved from Article IV to Article XI. 45 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 16 Section 20-11.5 Special..£rovisions ApplicableJoJ2esignated Historic ~ites. (A) Non-Conforming Signs. Notwithstanding the provisions of Section 20-4.3 (K), all existing non- confonning 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) OjfStreet Parking Requirements. Notwithstanding the provisions of Section 20-4.4, 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 nonconfonning 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. fl 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 detennine if there is a required variance in connection 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 1 2 3 17 Board under Section 20-5.5. There shall be no fees charged for the variance application. 4 (4) Recommendations by the Historic Preservation Board on a requested 5 variance in conjunction with an application for a Certificate of 6 Appropriateness shall not require a finding of hardship or extraordinary 7 conditions. 8 9 (5) The granting of a Certificate of Appropriateness with a variance shall be subject to 10 approval by the City Commission, npon recommendation from the Historic Preservation 11 Board. 12 SectionS: Codification. The provisions of this ordinance shall become and be 13 made part of the Code of Ordinances of the City of South Miami as amended; that the 14 sections of this ordinance may be renumbered or re-lettered to accomplish such intention; 15 and that the word "ordinance" may be changed to "section" or other appropriate word. 16 17 Section 9. Severability. If any section, clause, sentence, or phrase of this 18 ordinance is for any reason held invalid or unconstitutional by a court of competent 19 jurisdiction, this holding shall not affect the validity of the remaining portions of this 20 ordinance. 21 22 Section 10. Ordinances in Conflict. All ordinances or parts of ordinances and all 23 section and parts of sections of ordinances in direct conflict herewith are hereby repealed. 24 However, it is not the intent of this section to repeal entire ordinances, or parts of 25 ordinances, that give the appearance of being in conflict when the two ordinances can be 26 hannonized or when only a portion of the ordinance in conflict needs to be repealed to 27 harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its 28 terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion 29 that needs to be repealed to harmonize the two ordinances shall be repealed. 30 31 Section 11. Effective Date. This ordinance shall become effective upon 32 enactment. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PASSED &>ID ENACTED on this __ day of , 2011. ATTEST: APPROVED: CITY CLERK MAYOR I'tReading 2"d Reading READ AND APPROVED AS TO FORL'v1, LANGUAGE, LEGALITY A..ND EXECUTION T.l1"EREOF CITY ATTOR."NEY COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Lega! Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami~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 1216/2011 in the XXXX Court, was published in said newspaper in the issues of 11/25/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami~Dade 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, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither R: . . ed any person, firm or corporation any discou e ate, commissio or refund for the purpose of se . . sement fo ublication in the said wspaper. subscribed before me this 2011 (SEAL) MARIA MESA personally known to me B.THOMN3 Commission # DO 937532 Expires Nlw'.:mber 2, 2013 Bo!lded 11iN "f IC,!" r{)lll \11l,"\jfarlOO 800"385-7019 .!li5 MIAMl HERA_LD I MiamiHerald.c,?~_" _____ ~__ SE SUNDAY, NOVEMBER 27, 2011 I 43SE NEIGHBORS CALENDAR o CALENDAR, FROM 42SE every first Wednesday of each month. "English Alzheimer's Telephone Support Group: Register for next eight-week session. 'Caregiver Support Group: Regis- ter fOr next eight-week session. 1 p.m. Dec. 7. Caregiver Resource Center, 8400 NW. 33rd St. Suite 400,. Free. 305-716-0710. www.unitedhomecare.com. Venetian Pool: A Venetian-style lagoon carved out of coral rock. this historic landmark and swimming pool features caves, stone bridges and waterfalls.. 10 a.m. Nov. 27. Venetian Pool, 2701 De Soto Blvd., Coral Gables. admission is $11, $7.35 kids 3-12; Coral Gables residents: $6.30, $3.95 kids 3·12. Kids 2 and under are not allowed in the pool. 305-460-5306. vNlw.coralgablesvenetianpooLcom. Vision Launch: launchmyvision.com is hosting a groundbreaking event providing a platform for leaders, artists, musicians, and entrepreneurs to put their visions in motion by sharing them with hundreds of like-minded indMdua!$~ 6 p.m. Dec. 10. Oarnien B. Contem- porary Art Center, 282 NW 36th St .. Wynwood. Fr'.)c. 305--.494-5634. 'Nww.launchmyvlsion.com. Wings Over Miami Air Museum: Displays WWU aircraft, artifacts and memorabilia; 10 a.rn.'S p.m, Wednes¥ day¥Saturday and noon-S p.m. Sunday; Monday and Tuesday closed. 10 '.l.m, No'!. 27. Wings Over Miami Air Museum, 14710 SW 128th Sl, Kendall. $10, $7 seniors 51 and up, $6 kids 12 and under. 305-233-5197. www.wingsovermiami.com. Yoga Meditation C!ass: learn a simple. effedive way to meditate. Light yoga and relaxation are part 01 class. Instructor; lawrence Huff.. 10;30 am. Dec. 17. Coral Gables Sranch libraI)', 3443 Segovia St.. Cora! Gables. free. 305-926,3578. ilovemeditation.net. Yoga and Meditation Class: Contact lawrence Huff for mo~ information, 7 p,m. Dec. 7. West Dade Rl<fjional library, 9445 Coral Way .. free. 305-926·3578. iiovemeditation.net. Yoga by the Sea at The Barnacle: Restorative yoga practice, class for a!llevels and is held on grassy front lawn of The Bamacle overlooking ~ .. ! .< " .. '-";:;' , Biscayne Bay. In case of rain, class meets in the Micco Pavilion. Bring mat, blocks and a strap .. 6 p.m. Nov. 28. The Barnacle Historic State Park. 3485 Marn Hwy~ Coconut Grove. $13 per class: in, cludes park entrance fee, limited parking inside park, carpooling recommended. floridastateparks.orgjthcbarnaC!e/' DANCE A Whoville Christmas I Maria Verdeia Scholl Of The Arts: 7:30 p.m. Dec. 8. Miami-Dade County Auditorium, 2901 W. Flagler St., West Utt!e Havana. 524. Alvin Alley Amerl,an Oan,e Theatre: 8 p.m. Feb. 23. Knight Concert Hal! At The Adrienne Arsht Center, 1300 Biscayne Blvd., Media and Entertain- ment DistriCt. Balfroom Dan,e: Ballroom dancing lessons will be held every monday to OJ Victor's "Gotta Dance Music". Includes mixers, line dances and ~fr(!shments~ 7 p.m. Nov. 28. st. Matthews Episcopal Church, 7410 Sunset Driye, South Miami. $2 Suggested Dona- tion.305-667¥77IS. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission 01 the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for ~ December 6, 2011 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset !?rive, to consider the following ltem(s): An Ordinance amending the Land Development Code to create a new Article XI, titled "Historic Preservation Regulations" and to place all current regulations pertaining to historic preservation into Article X!; amending Section 20¥6.1 (D) to change the procedure and crlteria for appointing Historic Preservation Board members; amending aU regulations pertaining to historic preservation found in Sections 20¥4.9, 20-4.11, 20¥5.17, 20¥S.18 and 20~S.19 to update the wording, modifying certain provisions related to the gUidelin~es concerning historic preservation deSignation, amending historic designation rapo elements, amending the procedure for issuance of a demolition permit and appropriat ly ..... renumbering aU of these Sections tor inclusion in Article XI. An Ordinance prohibiting the sale of tobacco products that contain additives that mask the natura! characteristics of tobacco. A Resolution to execute a 36 month lease agreement with Oce' Norih America, through the State of Florida Contract #600-000-11 ~ 1, for Canon copier equipment, service, and selected supplies for the "City of South Miami." ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeat is to be based. I i CITY OF OPA-LOCKA RFP NO: 11-1912100 CITYWIDE SIDEWALK REHABILITATION ANO CONSTRUCTION Proposals for Citywide Sidewalk Rehabilitation and Construction will be received by the City of Opa-Iocka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa-Iocka, Florida 33054, Monday. December 19, 2011 at 1 :00 PM. Any proposals received after the designated closing time wi!! be returned unopened, The purpose of this Request for Proposals is to seek service of a qualified professional contractor to provide construction services to the City of Opa-locka for the repair andlor replacement and construction of sidewalk throughout the City. Amandatory pre-bid meeting will be held on Tuesday. Oecember13, 2011 at1 0:00 AM at 780 Fisherman Street, 2nd floor, Opa¥locka, F133054. An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD's in PDF format of the proposal shall be submitted in sealed envelopes/packages addressed to Deborah S. Irby, City Clerk, City of Opa-Iocka, Florida, and marked Citywide Sidewalk Rehabilitation and Construction. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, Telephone (305) S53~2868 or copies of the RFP NO: 11-1912100 requirements may also be obtained by visiting the City's website at www.opaIOCkafl.gov, (Click "RFO /PROPOSALS" located on the right hand side of the screen and (o/fow the instructions). The City reserves the right to accept or reject any and aU proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO; 11-1912100 requirements. Proposers may not withdraw their proposal for a pertod of ninety (SO) days from the date set for the opening thereof. Deborah S.lrby, CMC CIty Clerk CITY OF OPA-LOCKA RFP NO: 11-2012100 NW 143 Street Drainage and Roadway Improvements Proposals for NW 143 Street Drainage and Roadway Improvements will be received by the City of Opa-locka at the Office of the' City Clerk, 780 Fisherman Street, 4\~ Floor, Opa~locka, Florida 33054, Tuesday. December 20. 2011 by 1 :00 p m. Any proposals received after the designated closing time will be returned unopened. The purpose of this Request for Proposals is to seek service of a qualified professional contractor to provide construction services to the City of Opa·locka for NW 143 Street Drainage and Roadway Improvements. A mandatory Pre-Bid meeting is scheduled for Thursday. December 15 2011 at 10:00 AM. 780 Fisherman Street, 2nd Floor, Opa-locka, Fl33054 • An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD's in PDF format of the proposal shan be submitted in sealed envelopes/packages addressed to Deborah S. Irby, City Clerk, City of Opa¥!ocka, Florida, and marked NW 143 Street Drainage and Roadway Improvements. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4\1> Floor, Opa-Iocka, Florida 33054, Telephone (30S) 953~2800 or copies of the RFP NO: 11-2012100 rtlquirements may also be obtained by visiting the City's website at www.opa!ockafLgov, (click "RFQIPROPOSALS a located on the right hand side of the screen and follow the instructions). The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO: 11 ~20121 00 reqUirements. Proposers may not withdraw their proposal for a period of ninety (gO) days from the date set for the opening thereof. Deborah S. irby, CMC City Clerk