03-18-08 Item 101
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
47
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, DIRECTING THE PLANNING BOARD TO CONSIDER AMENDING
THE LAND DEVELOPMENT CODE SECTION 20 -5.17 "DESIGNATION OF HISTORIC
SITES" IN ORDER TO PROVIDE THAT ONCE AN HISTORIC DESIGNATION
PROPOSAL IS DENIED BY THE CITY COMMISSION THE DESIGNATION CAN
ONLY BE REINITIATED BY THE PROPERTY OWNER; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 20 -5.17 of the Land development Code provides that
historic designations can be proposed by property owners, members of the Historic
Preservation Board, the ERPB, the City Commission, and the City Administration; and
WHEREAS, in certain cases property owners are opposed to the historic
designation of their property and may expend time and resources in order to make their
position known; and
WHEREAS, the Land Development Code does not provide regulations
governing the number of times a proposed historic designation can be considered, which
can result in a hardship to a property owner who has previously expressed opposition to
the designation of their property; and
WHEREAS, Section 20 -5.17 of the Land development Code also provides that
the final determination on a proposed historic designation is made by the City
Commission.; and
WHEREAS, the denial of a proposed historic designation by the City
Commission should be considered final and no further proposals to designate the same
property by City Boards or personnel should be initiated; providing that a property
owner shall not be prevented from reinitiating the historic designation of their property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. In order to amend the Land Development Code the Planning
Department and the Planning Board are hereby directed to draft and process the
appropriate amendment to provide that the denial of a proposed historic designation by
the City Commission should be considered final and no further proposals to designate the
same property` by City Boards or personnel should be initiated; providing that a property
owner shall not be prevented from reinitiating the historic designation of their property.
Section 2. This resolution shall be effective immediately upon being approved.
1
/0
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
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
(2)
, day of March, 2008.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
X: \Comm Items\2008 \3- 18- 08 \LDC Amend Resol on Limit Hist desig.dOC
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
2