07-19-05 Item 19To: Honorable Mayor, Vice Mayor and
Commission Members
Urom: Maria Davis
City Manager
ORDINANCE
Date: July 19, 2005
ITEM No. / ?
Re: LDC Amendment: Historic
Preservation incentives
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO ASSIST
PROPERTY OWNERS OF DESIGNATED HISTORIC BUILDINGS BY CREATING SECTION
20 -4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO DESIGNATED HISTORIC
SITES" WHICH PROVISIONS WOULD MODIFY THE APPLICABILITY OF CERTAIN
DEVELOPMENT REGULATIONS (NON - CONFORMING SIGNS, OFF STREET PARKING
REQUIREMENTS, CONTINUATION OF NON - CONFORMING USES, VARIANCE
APPROVALS) ON DESIGNATED HISTORIC SITES: PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
The current activity of the Historic Preservation Board to locally designate historic sites and
districts has triggered the need to provide incentives to encourage property owners to support
the designation of their properties as historic sites. In addition the modification of and the
waiver of certain provisions of the Land Development Code will assist owners of designated
historic sites to carry out renovation and rehabilitation of their properties. The Mayor and
Commissioner Wiscombe requested that the necessary amendments to the City Code and the
Land Development Code be drafted.
An amendment to the City Code allowing for ad valorem tax exemption for improvements to
designated historic structures was then prepared and recommended for approval by the Historic
Preservation Board. The amendment ordinance is now scheduled for a hearing before the City
Commission.
PROPOSED LDC AMENDMENT
The Planning Department, working with the Historic Preservation Board has determined that the
following LDC amendments would also provide incentives and assistance to the owners of
designated historic sites:
LDC Amendment
July 19, 2005
Page 2 of 3
Section 20 -4.11 Special Provisions Applicable To Designated Historic Sites
(A) Non- Conforming Sims. Notwithstanding the provisions of Seca 20 -4.3 (K), all existing
non - conforming signs located on a designated historic site may be repaired, altered,
modified, copy changed, expanded, replaced, or replicated provided that the Historic
Preservation Board approves and issues a certificate of appropriateness.
(B) Off Street Parking Requirements. Notwithstanding the provisions of Sec. 20 -4.4,
designated historic sites are exempt from all parking requirements.
(C) Damage to a Nonconforming Structure. Notwithstanding the provisions of Sec. 20-
4.8(G) 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. 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 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 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 Department and the Historic Preservation Board shall follow the
same procedural steps for the application, review and recommending upon a
variance as specified herein for the Planning Board under Section 20-5.5. There
shall be no fees charged for the variance application.
(4)Recommendations by the Historic Preservation Board on a requested variance
in conjunction with an application for a Certificate of Appropriateness shall not
require a finding of hardship or extraordinary conditions.
LDC Amendment
July 19, 2005
Page 3 of 3
(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.
The Planning Department is also researching two additional incentives which other cities have
provided to owners of historic properties. These include TDR, Transfer of Development Rights,
and exemption from payment of building permit fees.
PLANNING BOARD ACTION
The Planning Board at its May 31, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the proposed amendment pertaining to historic preservation
incentives.
RECOMMENDATION
It is recommended that the attached proposed ordinance amending the Land Development Code
be approved.
Attachments:
Proposed ordinance
Planning Board Minutes Excerpt 5 -31 -05
Public Notices
MD/DOD/SA�3
E: \Comm Items\2005 \7- 1'9- 05\PB -05 -020 LDC Amend Historic Incent Report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
5 DEVELOPMENT CODE IN ORDER TO ASSIST PROPERTY OWNERS OF
6 DESIGNATED HISTORIC BUILDINGS BY CREATING SUBSECTION 20-
7 4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO
8 DESIGNATED HISTORIC SITES," WHICH PROVISIONS WOULD
9 MODIFY THE APPLICABILITY OF CERTAIN DEVELOPMENT
10 REGULATIONS (NON - CONFORMING SIGNS, OFF STREET PARKING
11 REQUIREMENTS, CONTINUATION OF NON- CONFORMING USES,
12 VARIANCE APPROVALS) ON DESIGNATED HISTORIC - SITES:
13 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, the current activity of the Historic Preservation Board to locally
18 designate historic sites and districts has triggered the need to provide incentives to
19 encourage property owners to support the designation of their properties as historic
20 sites; and
21
22 WHEREAS, the modification of and the waiver of certain provisions of the
23 Land Development Code will assist owners of designated historic sites to carry out
24 renovation and rehabilitation of the properties; and
25
26 WHEREAS, the Planning Department has prepared an amendment to the
27 Land Development Code which sets forth a special subsection which modifies the
28 applicability of regulations pertaining to non- conforming signs, off street parking
29 requirements, continuation of non- conforming uses, and variance approvals on
30 designated historic sites; and
31
32 WHEREAS, the Planning Board at its May 31, 2005 meeting, after public
33 hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the
34 proposed Land Development Code amendments contained in this ordinance be
35 adopted; and
36
37 WHEREAS, the City Commission desires to accept the recommendations of
38 the Planning Board and enact the aforesaid amendment.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE
41 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
42
43 Section 1. That the Land Development Code is hereby amended to add Section 20
44 4.11 entitled "Special Provisions Applicable to Designated Historic Sites" to read as
45 follows:
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(2)
Section 20 -4.11 Special Provisions Applicable To Designated Historic Sites
(A) Non-Conforming Signs. Notwithstanding the provisions of Sec. 20 -4.3 (K), all
existing non - conforming signs located on a designated historic site may be
repaired, altered, modified, copy changed, expanded, replaced, or replicated
provided that the Historic Preservation Board approves and issues a certificate
of appropriateness.
(B) Off Street Parking Requirements. Notwithstanding the provisions of Sec. 20-
4.4, designated historic sites are exempt from all parking requirements.
(C) Damage to a Nonconforming Structure. Notwithstanding the provisions of
Sec. 20- 4.8(G) if a nonconforming designated historic structure is damaged by
more than fifty (50) percent of its replacement value such structure maybe
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. 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 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 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 Department and the Historic Preservation Board shall
follow the same procedural steps for the application, review and
recommending_ upon a variance as specified herein for the Planning Board
under Section 20 -5.5. There shall be no fees charged for the variance
application.
(4)Recommendations by the Historic Preservation Board on a requested
variance ' conjunction with an application for a Certificate of
Appropriateness shall not require a finding of hardship or extraordinary
conditions.
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5 (5) The rg anting of a Certificate of Appropriateness with a variance shall be
6 subject to approval by the City Commission, upon recommendation from
7 the Historic Preservation Board.
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10 Section 2. All ordinances or parts of ordinances in conflict with the provisions of
11 this ordinance are hereby repealed.
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13 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
14 reason held invalid or unconstitutional by a court of competent jurisdiction, this
15 holding shall not affect the validity of the remaining portions of this ordinance.
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17 Section 4. This ordinance shall be effective immediately after the adoption hereof.
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20 PASSED AND ADOPTED this day of 52005
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22 ATTEST: APPROVED:
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25 CITY CLERK MAYOR
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28 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
29 Mayor Russell:
30 ` Vice Mayor Palmer:
31 Commissioner Wiscombe:
32 Commissioner Birts - Cooper:
33 Commissioner Sherar:
34 CITY ATTORNEY
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37 NOTE: New wording underlined;
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42 E: \Comm Items \2005 \7- 19- 05 \PB -05 -020 LDC Amend Historic Ord.doc
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6OUr�l
I N CORPORATEfI
1927
, �0RVo
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting - Action Summary Minutes
Tuesday, May 31, 2005
City Commission Chambers
7 :30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:50 P.M.
Action: The Pledge of Allegiance was recited.
II. Roll Call
Action: Mr. Illas, Acting Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Illas, Ms. Yates, Mr. Liddy
Mr. Comendeiro, and Mr. Mann.
Board members absent: Mr. Morton
City staff present: Sanford A. Youkilis (Planning Consultant), Brian Edney (Video
Support), and Patricia E. Lauderman (Planning Board Secretary).
City staff absent: Don O'Donniley (Planning Director)
III. Planning Board Applications / Public Hearings
PB -05 -020
Applicant: City Of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE IN
ORDER TO ASSIST PROPERTY OWNERS OF DESIGNATED HISTORIC
BUILDINGS BY CREATING SECTION 20- 4.11 ENTITLED "SPECIAL
PROVISIONS APPLICABLE TO DESIGNATED HISTORIC SITES" WHICH
Planning Board Meeting
May 31, 2005
Page 2 of 2
PROVISIONS WOULD MODIFY THE APPLICABILITY OF CERTAIN
DEVELOPMENT REGULATIONS (NON - CONFORMING SIGNS, OFF STREET
PARKING REQUIREMENTS, CONTINUATION OF NON - CONFORMING USES,
VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES: PROVIDING
FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE
Action: Mr. Comendeiro read the 'item into the record. Mr. Youkilis presented the
staff report. He noted to the Board that the current activity of the Historic
Preservation Board to locally designate historic sites and districts has triggered the
need to provide incentives to encourage property owners to support the designation
of their properties as historic sites. The modification of and the waiver of certain
provisions of the Land Development Code will assist owners of designated historic
sites to carry out renovation and rehabilitation of their properties. The City
Commission has requested that the necessary amendments to the City Code and the
Land Development Code be drafted by Planning staff. He also pointed out that the
proposed City Code tax exemption ordinance for improvements consistent with the
designated structure was recommended by the Historic Preservation Board and is
scheduled for a hearing before the City Commission. Mr. Youkilis then reviewed
the proposed incentives which would be included as Section 20 -4.11 of the LDC.
Mr. Illas opened the public hearing.
No speakers were present.
Mr. Illas closed the public hearing.
Motion: _ Mr. Liddy moved to recommend approval. Mr. Comendeiro seconded
the motion.
Votes Ayes 5 Nays 0
DOD /SAY /pel
K:\PB\PB Minutes\2005 Minutes\PB MINS 5- 31- 05.doc