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07-26-05 Item 12CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor and Commission Members Davis tit! lj f�fF City Manager ORDINANCE Date: July 6, 2005 South Miami kriftyl AID- America City 2001 ITEM No. I , 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 Signs. Notwithstanding the provisions of Sec. 20-4.3 (I), 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) Of 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 The Lranting 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 /SAY E: \Comm Items\2005\7-I9- 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 to 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: 46 47 2 0 (2) Section 20 -4.11 Special Provisions Applicable To Designated Historic Sites (A) Non - Conforming Signs. 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. 10 11 (B) Off Street Parking Requirements. Notwithstanding the provisions of Sec. 20- 12 4 4, designated historic sites are exempt from all parking requirements. 13 14 (C) Damage to a Nonconforming Structure. Notwithstanding the provisions of 15 Sec. 20- 4.8(G) if a nonconforming designated historic structure is damaged by 16 more than fifty (50) percent of its replacement value such structure may be 17 repaired or reconstructed to the same footprint, height, and density, providing 18 that the architectural style, design and historic context is consistent with the 19 original designation as evidenced by the issuance of a certificate of 20 appropriateness by the Historic Preservation Board. 21 22 (D) Variances for designated historic sites. Notwithstanding the provisions of 23 Section 20 -5.5 and Section 20- 6.1(3)(h), the authority for hearing and 24 recommending upon a variance request submitted for a designated historic site 25 or for a contributing building within a designated historic district, shall be 26 vested in the Historic Preservation Board subject to the following conditions 27 and restrictions: 28 29 (1)The Planning Department shall review all plans for alterations, additions, 30 restoration or renovation of designated historic site prior to the applicant's 31 submission for a Certificate of Appropriateness and shall determine if there 32 is a required variance in connection with the proposed construction. 33 34 (2) The variance in conjunction with an application for a Certificate of 35 Appropriateness, if approved, shall result in significant historic renovation 36 or preservation. 37 38 (3) The Planning Department and the Historic Preservation Board shall 39 follow the same procedural steps for the application, review and 40 recommending upon a variance as specified herein for the Planning Board 41 under Section 20 -5.5. There shall be no fees charged for the variance 42 application. 43 44 (4)Recommendations by the Historic Preservation Board on a re ug ested 45 variance conjunction with an application for a Certificate of 46 Appropriateness shall not require a finding of hardship or extraordinary 47 conditions. 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 47 (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. 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. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY NOTE: New wording underlined; day of , 2005 MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: E: \Comm Items \2005 \7- 19- 05 \PB -05 -020 LDC Amend Historic Ord.doc A 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. 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She also writes this col cal (or cat- like) pupils and two hours, so if yowl z � �. � � , � umn or Neighbors. To reach prominent fangs Rattlesnakes by anythin; tha her, e -mail firefighter @Fier - are further identifiable by Coral Snake, n o ald.com. their rattlers, but you should closely for the de ® protects sap to 160 rilph` Hurrlcatuv vuiijus know that they don't always central nervous E ° Up to 50% less compared to shutters e Anti -theft I saw a snake in my yard. rattle prior to striking; , bances and res 24 hr, shutterless protection ©A11 ®slue light to o ®ivoe Are snakes in Miami danger Signs and symptoms of a pit tress; If in doubt. 1n to your home a Saves energy One time ous? viper bite may include: two Initial treatr 3 installation ®L1fretlrYi� w�rrei�ty BETH distinctive punctures, ain and venomous soak( COCONUT DROVE swelling at the,site, weakness, the same: ® ®� �� nausea, vomiting, numbness o Remove y, Eup. 9/31/05 I noticed my. neighbor and tingling around the face or the snake's area. doing some head, and a metallic or unusual o Do not atte yard work the taste in the mouth. the snake; just t1 IN other day, The fourth dangerous ber a general des ` and I casually snake native to South Florida ® Call 911 imr. said, "Careful is the Coral Snake, and it's a remove any jewe �g Miami is full tricky.one. It doesn't have any ing that would.ci of snakes in 'of the distinctive features of if welling occur: s the summer." the Pit Vipers, and with it's ®:Maintain th ®��������� She replied, red, yellow and black rings, it below the level o T h a n k s actually looks a lot like several o Remain call CITY OF SOUTH MIAM19 FLORIDA HALL honey, but other harmless snakes found slow the circul: On Tuesday, July 26 2005, beginning at 7:30 p.m., in the City Commission Chambers, 6130 the dating in the state. The. only differ- venom through t] Sunset Drive; the City Commission will hold Public Hearings to consider the following Items game isn't 'ence is the order of the col- body. . AN ORDINANCE RELATING TO AN AMENDMENT OF CHAPTER 18 OF THE CODE any easier in the winter, : ored rings. ®DO NOT aI OF ORDINANCES OF THE CITY OF SOUTH MIAMI; FLORIDA, AUTHORIZING AD either." There is a saying involving quet, ice or cold VALOREM TAX EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO HISTORIC Miami -Dade County is a "friend of jack" and "killing a suck the venom PROPERTIES DESIGNATING THE ESTABLISHING REQUIREMENTS MIAMI ENTSAND home to a surprising number' fellow "`that is supposed to wound, or mak PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD TO REVIEW AND REPORT ON APPLICATIONS. of real snakes, too. There are help you remember which one around the site. . f/ A,N ORDINANCE AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO many varieties native to the is dangerous, but even in the Besides the na r ASSIST PROPERTY OWNERS OF DESIGNATED HISTORIC BUILDINGS BY area, although most are harm- most ideal situations, I have a ous snakes in ou: CREATING SECTION 20 -4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO less and rarely seen since they hard time remembering, it it' are the occasil DESIGNATED HISTORIC SITES" WHICH PROVISIONS WOULD MODIFY THE h d t are both fas an s APPLICABILITY OF CERTAIN DEVELOPMENT REGULATIONS (NON - CONFORMING Y• rectly. snakes that have `SIGNS, OFF STREET PARKING REQUIREMENTS, CONTINUATION OF NOW There are only four types of I can just imagine the trou- been set free. If CONFORMING USES, VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES, dangerous snakes found natu- ble I would have trying to get ,snake and you do AN ORDINANCE RELATING TO EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI- rally in South Florida. The first it right while locked in a fierce it is,venomous, th( DADE COUNTY TO PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN three are Pit Vipers: staring match with any snake' to do is leave it a] MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL to The Eastern Diamond -, wearing red, yellow and black. Many snakebite POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT NO. FLS000003: back Rattlesnake, which can A better way to remember bitten on the hant I SUSPENDING CERTAIN INPROVISIO PROVISIONS THAT DEVELOPMENT CODE; MODIFYING THE REDUCTION AND reach more than six feet. is o think of a stoplight; It which 'usually I REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ®The Pygmy Rattlesnake, goes yellow, then red,` and were handling t] ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK which is 1 to 2 feet long and then you STOP. If the snake's trying to catch it. FORCE, PARKING COMMITTEE; AND THE PLANNING BOARD PERTAINING TO THE very aggressive. rings have yellow that touches catch or handle a ' REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY STOP. Of course, m you d, ®The Cottonmouth or re AMENDMENTS; PROVIDING THAT ORDINANCES OF SECTIONS THEREOF IN Y y . you are trained t CONFLICT SHALL NOT BE1N FORCE AND EFFECT DURING THIS TIME PERIOD. Water Moccasin, which is usu= favorite reminder is to' stay you are sure it is AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 7, BUILDINGS; any found near water. away no matter what order the ous. For more on: BY ADDING SECTIONS 7 -13, SITE DEBRIS AND 7 -14, HURRICANE PROTECTION. Snakes in the Pit Viper fam- rings are in, just to be on the www.miamidade.€ AN ORDINANCE RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3.3(D)' AND SECTION 20- 3.4(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ALLOW PET DAY CARE CENTERS AS A SPECIAL USE IN THE MO, GR, TODD(MU -4), TODD(MU -5), AND TODD (LI -4) ZONING DISTRICTS. � A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW. THE LDT SIZE OF A BUILDING SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE OF i 10,000 SQUARE FEET IS REQUIRED; A VARIANCE TO ALLOW EXISTING PARKING SPACES TO BE WITHIN 15 FEET OF AN INTERSECTION AND TO BACK OUT INTO A -tash PUBLIC RIGHT -OF -WAY; A VARIANCE. FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7001 SW 61 k #r #' j AVENUE, SOUTH MIAMI, FLORIDA THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A NEW THREE STORY MIXED USE BUILDING. SF X Inquiries concerning this Item should be directed to the Planning Department at 305- 663 -6326. lnr§ V`yoilr Sunday Herald files hundreds Of dollars ALL Interested parties are invited to attend and will be heard. Of free couponsoery week. Save money-0 I rlfaeiM &1. EMe¢uausdaa ='' {drOCl rIBS and COSn1etICS. Get dISCOUnfS of City c1laPcs restaurants. Receive special offers. .Pursuant to Florida Statutes 286.0195, the City hereby advises the public that its person decides to P0 } a ©' appeal any decision made by this Board, Agency or Commission with respect to any matter OI d`a considered at Its meeting. or hearing, he or she will need a record of the proceedings, and that far{ kl 5 tl such purpose, affected person may need to ensure that a verbatim record of the omceedin s is 8 made which record includes the testimony and evidence upon which the appeal into be based S.UU n'Ta"HFyo F 0#8 Sau'll tAt % / F yo r career`. a.