08-07-07 Item 9South Miami
AII•Amedca City
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CITY OF SOUTH MIAMI
• .��`o RtAa OFFICE OF THE CITY MANAGER
INTER- OFF7ICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager u
From: Julian Perez, Planning Director ;.. . %
Date: July 24, 2007 ITEM No.
Subject: AN ORDINANCE OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING SECTION 20- 6.1(D) OF THE LAND DEVELOPMENT CODE IN
ORDER TO INCREASE THE NUMBER OF HISTORIC PRESERVATION BOARD MEMBERS FROM
SEVEN TO NINE AND TO DESIGNATE THAT TWO MEMBERS OF THE HISTORIC
PRESERVATION BOARD SHALL BE REGISTERED ARCHITECTS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE
Bac1mround The Land Development Code (LDC) currently provides that the Historic Preservation Board (HPB)
shall have seven members who reside or work in the City., The Code also states that all "members shall be familiar
with the purposes of preserving and protecting districts, structures or sites having historic or archeological worth."
Recently, the only architect in the Board was appointed to the Planning Board and the position was not filled with a
professional architect. The LDC regulations mandate that the Board must have an architect member when it
designates historic properties.
Historic Board Request For the above reason, and to expand the expertise of the Board, the HPB adopted a motion
at its April 30, 2007 meeting requesting that the LDC be amended to provide that the membership of the Board be
expanded to nine members and that the two new members must be registered professional architects licensed to
practice in the State of Florida. The Board felt that the proposed amendment is appropriate in that its work has
increased significantly in the last two years. The expansion of designated sites has resulted in an increased number
of Certificates of Appropriateness (exterior renovation permits) which often involve complicated restoration work
and building additions must be reviewed by the Board. A Board member(s) with architectural background would be
very important as part of the Board's review duties.
Proposed LDC Amendment The proposed expansion of the Historic Preservation Board is very similar to the
expansion for the Environmental Review and Preservation Board which was done in 2004. In that case, the Board
was expanded to nine members and a landscape architect member was made mandatory. The proposed LDC
amendment expands the Historic Preservation Board to nine and also includes a special provision which allows the
City Commission, if necessary, to appoint a member architect who does not live or work in the City.
Planning Board Action
The Planning Board at its June 19, 2007 meeting; adopted a motion by a vote of 4 ayes 1 nay (Ms. Young)
recommending that the proposed ordinance be approved with additional changes related to the quorum and term of
service.
Recommendation
It is recommended that the proposed amendment be approved.
I
Backup Documentation:
Draft Resolution
Historic Preservation Board Minutes Excerpt 4 -30 -07
HPB Memo on Membership 5/30/07
Planning Department Staff Report 6 -19 -07
Planning Board Minutes Excerpt 6 -19 -07
Public notices
JP /SAY
P: \Comm Items\2007 \7- 24- 07\PB -07 -016 LDC Amend Historic Bd Mermber CM Report.doc
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2 ORDINANCE NO.
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA AMENDING SECTION 20- 6.1(D) OF THE LAND
6 DEVELOPMENT CODE IN ORDER TO. INCREASE THE NUMBER OF HISTORIC
7 PRESERVATION BOARD MEMBERS FROM SEVEN TO NINE AND TO DESIGNATE
8 THAT TWO MEMBERS OF THE HISTORIC' PRESERVATION BOARD SHALL BE
9 REGISTERED ARCHITECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
10 CONFLICT, AND PROVIDING AN EFFECTIVE DATE
11
12 WHEREAS, Section 20- 6.1(D)(1) of the South Miami Land Development Code
13 specifies the membership makeup of the Historic Preservation Board; and,
14
15 WHEREAS, in order to expand the expertise of the Historic Preservation Board the
16 Board, the HPB adopted a motion at its April 30, 2007 meeting requesting that the LDC be
17 amended to provide that the membership of the Board be expanded to nine members and that
18 both members shall be Registered Architects in the State of Florida.; and
19
20 WHEREAS the Historic Preservation Board felt that the proposed amendment is
21 appropriate in that its work has increased significantly in the last two years. Including the
22 expansion of designated sites and an increased number of Certificates of Appropriateness which
23 often involve the review of complicated restoration work and building additions; and.
24
25 WHEREAS, the Planning Board at its June 19, 2007 meeting, after a public hearing
26 adopted a motion by the vote of 4 ayes 1 nay recommending approval of a proposed
27 amendment to Section 20 -6.1 (D)(1) and(D)(4) of the Land Development Code; and
28
29 WHEREAS, the City Commission desires to enact the aforesaid amendment.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. That Section 20- 6.1(D)(1) entitled "Historic Preservation Board" of the City's Land
35 Development Code, is hereby amended to read as follows:
36
37 Section 20 -6.1 LDD,)
38
39 (D) Historic Preservation Board.
40
41 (1) Establishment and Membership.
42
43 (a) An Historic Preservation Board is hereby created which shall consist of
44 nine 9 members who reside or work in the City.
45
46 i. The Mayor, with the advice and consent of the City
47 Commission, shall appoint the members of the board.
48
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(2)
ii. All members shall be familiar with the purposes of preserving
and protecting districts, structures or sites having historic or
archeological worth.
iii 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 Citv.
ii.iv Members shall serve for a term of two (2) years.
ft4wtil?AUM @f441910- (19-1) y-0-ar-8
4) Procedures.
(a) Quorum and voting.
i. A quorum shall be) Live 5
_LJ members.
ii. An affirmative vote of a majority of the members present shall
be required to pass upon any matter on which the board is
required to act under this Code.
iii. In instances when the board considers a designation report, a
quorum shall consist ofd five f5l members, at least one of
whom shall be an architect.
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
ATTEST:
CITY CLERK
PASSED AND ADOPTED this __ day of , 2007
APPROVED:
MAYOR
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(3)
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts- Cooper:
Commissioner Beckman:
(New wording underlined; wording to he removed indicated by strikethrough)
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /Wa 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 - NOTICE OF PUBLIC HEARING
AUGUST 7, 2007
in the XXXX Court,
was published in said newspaper in the issues of
07/27/2007
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 paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertise for publication in the said
newspaper
Sworn to and subscribed before me this
a
27 Y �8�2007 -
(SEAL) _ MARIA I. MESA
O.V. FERBEYRE personally kno NOTARYPUBUC STATEOFFLMDA Commission #DD293855
Expires: MARCH 04, 2008
O
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday, August 7, 2007 beginning
at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to
consider the following items:
r AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH: MIAMI, FLORIDA AMENDING
SECTION 20.6.1(D) OF THE LAND DEVELOPMENT CODE IN
ORDER TO INCREASE THE NUMBER OF HISTORIC
,PRESERVATION BOARD MEMBERS FROM SEVEN TO NINE
AND TO DESIGNATE.. THAT TWO MEMBERS OF.:-THE
HISTORIC PRESERVATION BOARD - - .SHALL - BE
REGISTERED ARCHITECTS; PROVIDING FOR SEVERABILI-
TY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF HE MAYOR AND CI COMMISSION
OF THE CITY OF S UTH MIAMI, FIL
jMIDA AMENDING
SECTION 20-4.4 OX�N DEV OPMENT CODE IN
ORDER TO ADD' A '"A(L)(6) TO PROVIDE
A PROCEDURE RESUANCE O F A SPECIAL
EVENTS PARKING LLOW 15 OR MORE. CARS
TO BE PARKED DUIAL EVENT IN RESIDEN- TIALZONING DISTRING FORSEVERABILITY, ORDINANCES . IN ND PROVIDING AN
EFFECTIVEDATE. - -
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING
SECTION 20 -5.6 OF THE LAND DEVELOPMENT CODE IN
ORDER TO PROVIDE A PROCEDURE FOR THE DEFERRAL
OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING;
PROVIDING FOR SEVERABILITY, ORDINANCES IN
ONFLICT, ANDPROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO
ALARM SYSTEMS; AMENDING SECTION 15-4.7 ENTITLED
"FALSE ALARM SERVICE CHARGES, ENFORCEMENT AND
REVOCATION PROVISIONS" BY EXEMPTING SENIOR
CITIZENS FROM FALSE ALARM CHARGES; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
ADOPTING THE EVAULATION AND APPRAISAL REPORT
(EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE
GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOW-
ING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND
USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE; INTER-
GOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; AUTHORIZING TRANSMITTAL TO
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR
REVIEW; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
_ A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO
A PETITION OF AN -ABUTTING PROPERTY -' 'OWNER
APPROVING THE VACATION AND ABANDONMENT-OF 187
FEET OF UNIMPROVED:. RIGHT -0F -WAY PORTION OF SW
68TH AVENUE LOCATED ON THE WEST SIOE'OF 6780 SW
69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL
DESCRIPTION' SET FORTH;. HEREIN SUBJECT TO PROP-
" ERTY OWNER PROVIDING FOR THE RECORDING OF ALL
LEGAL DOCUMENTS NECESSARYFORTHEABANDON-
MENT : PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI;; FLORIDA RELATING TO A
WAIVER OF,. THE SECOND STORY . °:CONSTRUCTION
PROHIBITION IN ORDER TO ALLOW THE CONSTRUCTION
OF A NEW TWO- STORY,SINGLE FAMILY RESIDENCE,
LOCATED AT 7631 SW 59 AVENUE. WITHIN AN RS -3 'LOW -
DENSITY RESIDENTIAL ZONING DISTRICT; BASED UPON
A FINDING THAT THE PROPOSED CONSTRUCTION WILL
HAVE NO NEGATIVE IMPACT ON ADJOINING PROPERTIES
AND THE IMMEDIATE NEIGHBORHOOD; PROVIDING FOR
AN EFFECTIVE DATE.
If you have any inquiries on the above items please contact the City
Clerk's office at 305- 663 -6340 t _
ALL interested' parties are invited to attend and will be heard..
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 appeal is tope based. -
7/27 07- 3- 72/866969M
t rO 1 ,
Sunrise School of Miami: 8795
SW 112th St., I Miami.
305- 274 -6562 or junrises-
choolofmiami.com:
e Open registration for grades
pre -K through eighth grade
with education in the Waldorf
tradition.
" Accepting applications for
the 2007 -2008 school year.
e Curriculum includes Spanish,
music, art, movement and
practical arts.
Tamlaml Child Development
Center: 860 SW 76th Ct.,
Miami. 305- 261 -4133:
e. Open Registration for
infants, preschool; Voluntary
Pre -K (VPK) and before- and
after - school care programs are
available.
e An APPLE and Gold Seal
accredited Center offering A
Beka and Creative Curriculum
to ready preschooler for kin-
dergarten.
e Open 7 a.m. to 6 p.m.
Temple Beth Am Day School:
5950 North Kendall Dr., Pine -
crest. 305 -665 -6228:
e Accepting applications for
the 2007 -2008 school year for
Jr. prenursery through fifth
grade, offering a nurturing and
challenging curriculum with
low teacher to student ratios..
e Call to schedule a tour.
The Thinking Child Learning
Center: 35 SW Sixth Ave.,
Miami. 786 -243 -2556:
e Registration is now open for
the - toddler program.
e The school offers CORE
knowledge preschool curricu-
lum, large outdoor playground.
Tropical Elementary: 4545 SW
104th Ave., South Miami -Dade.
305 - 221 - 0284:
e Registration is open.
United Way Center for Excel-
lence in Early Education: 3250
SW Third Ave.:, Miami.
305- 646 -7472:
e Accepting Head Start and
Early Head Start applications
for children 6 weeks to 5 years
old. Expectant mothers may
also apply.
e Tuition is free for families
who meet the federal income
eligibility requirements.
e The program provides com-
munity-based services and
partnerships, comprehensive
child development services,
health, social and disability ser-
vices and parental involvement.
University Christian Children's
Center: 6750 Sunset Dr., South
Miami. 305- 661 - 8584:
*Accredited by National
Association for the Education
of Young Children and serves
children 1 -4 years old with full -
and half -day programs.
Wayside Baptist Preschool:
7701 SW 98th St., Kendall.
305 - 595 -0570:
e Registration is open for the
2007 -2008 school year for
children ages 3 months
through kindergarten.
*Part-time hours are 8 :45
a.m. -12:15 p.m. and full -time is
7:30 a.m. -6 p.m.
e Offers a loving, caring,
Christ - centered environment,
small classes, creative activi-
ties,. outdoor play and reading
readiness.
Whispering Pines Elementary:
18929 SW 89th Rd., Cutler Bay.
305 - 238 -7382:
e Registration is open for the
2007 -2008 school -year: 9
a.m: -1 p.m. Monday through
Friday.
School Scene is compiled by
Jenny Garcia. Send items at
least 10 days in advance to via
e -mail to schoolnews @Mia-
miHerald.com or mail them to
School Scene, c %Neighbors,
7300 North Kendall Dr.,
Ste. 200, Miami, FL 33156.
COURTESY NOTICE
,.,,s,
CITY O SOUTH MIAMI, FLORIDA
On Tuesday, August 7, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset
Drive, the City Commission will hold Public Hearings to consider the following items:
AN ORDINANCE AMENDING SECTION 20- 6.1(D) OF THE LAND DEVELOPMENT CODE IN ORDER TO INCREASE THE NUMBER OF
HISTORIC PRESERVATION BOARD MEMBERS FROM SEVEN TO NINE AND TO DESIGNATE THAT TWO MEMBERS OF THE
HISTORIC PRESERVATION BOARD SHALL BE REGISTERED ARCHITECTS.
AN ORDINANCE AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ADD A NEW SECTION 20-
4.4(L)(6) TO PROVIDE A PROCEDURE REQUIRING THE ISSUANCE OF A SPECIAL EVENTS PARKING PERMIT TO ALLOW 15 OR
MORE CARS TO BE PARKED DURING A SPECIAL EVENT IN RESIDENTIAL ZONING DISTRICTS.
AN ORDINANCE AMENDING SECTION 20 -5.6 OF THE LAND DEVELOPMENT CODE IN ORDER TO PROVIDE A PROCEDURE FOR
THE DEFERRAL OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING.
AN ORDINANCE RELATING TO ALARM SYSTEMS; AMENDING SECTION 15 -4.7 ENTITLED "FALSE ALARM SERVICE CHARGES,
ENFORCEMENT AND REVOCATION PROVISIONS" BY EXEMPTING SENIOR CITIZENS FROM FALSE ALARM CHARGES.
AN ORDINANCE ADOPTING THE EMULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH
MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING
COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION;
RECREATION AND OPEN SPACE; INTERGOVERNMENTAL. COORDINATION; AND CAPITAL IMPROVEMENTS; AUTHORIZING
TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW.
A RESOLUTION IN RESPONSE TO A PETITION OF AN ABUTTING PROPERTY OWNER APPROVING THE VACATION AND
ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF SW 68TH AVENUE LOCATED ON THE WEST SIDE
OF 6780 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROPERTY
OWNER PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT.
A RESOLUTION RELATING TO A WAIVER OF THE SECOND STORY CONSTRUCTION PROHIBITION IN ORDER TO ALLOW THE
CONSTRUCTION OF A NEW TWO -STORY SINGLE FAMILY RESIDENCE, LOCATED AT 7631 SW 59 AVENUE WITHIN AN RS -3
"LOW- DENSITY RESIDENTIAL ZONING DISTRICT," BASED UPON A FINDING THAT THE PROPOSED CONSTRUCTION WILL HAVE
NO NEGATIVE IMPACT ON ADJOINING PROPERTIES AND THE IMMEDIATE NEIGHBORHOOD.
If you have any inquiries on the above items please contact the City Clerk's office at: 305- 663 -6326.
ALL interested parties are invited to attend and will be heard.
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 appeal is to be based.
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