09-21-04 Item 18I 927 �A
CoRt9
2001
City of South Miami
To: Honorable Mayor, Vice Mayor & Date: September 21, 2004
Commission Members
p ITEM No. J 9
From: Maria Davis Re: LDC Amendment
City Manager HP -OV District
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE, BY AMENDING SECTION 20 -3.1 ENTITLED "ZONING USE
DISTRICTS AND PURPOSES" IN ORDER TO ADD A NEW HISTORIC
PRESERVATION OVERLAY DISTRICT (HP -OV); BY AMENDING SECTION
20 -5.17 ENTITLED "DESIGNATION OF HISTORIC DISTRICTS" IN ORDER
TO CLARIFY THE PROCESS OF DESIGNATING HISTORIC SITES AND
DISTRICTS; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The current LDC regulations on historic designation do not provide any procedures to record or
document a designation. To date the City's two historic site designations have been done by
resolutions and are not shown on the City's official zoning map or the future Land Use Map of
the Comprehensive Plan. In the absence of this connection the legal power of zoning would not
be applicable to historic preservation. In order to fully document and record this designation it is
recommended that the Land Development Code be amended to create an "HP -OV" Historic
Preservation Overlay zoning district thereby allowing the designation to become a zone map
change. This will include an expansion of the Planning Board's role in the historic designation
process.
AMENDMENT ORDINANCE
The proposed ordinance amends Section 20 -3.1, "Zoning Use Districts and Purposes" by
creating the Historic Preservation Overlay District classification with a defined district purpose
statement. The symbol "HP -OV" symbol is also established and would be used on the zoning
map. LDC Section 20 -5.17 entitled "Designation of historic sites" is amended in order to clarify
the designation process and to expand the Planning Board's role in the historic designation
process. The amendment provides that the Planning Board would process a recommended
historic designation as a zone map change requiring notification, posting and a public hearing.
LDC Amendment
HP-0V
September 21, 2004
Page 2 of 2
The City Commission `s role is also clarified to indicate that their approval action will involve
public hearings and the adoption of an ordinance.
STAFF OBSERVATIONS
(1) The HP -OV zoning district is an overlay district which "overlays" the underlying zone use
district... The provisions, standards, and procedures already set forth in the LDC for properties
designated as an historic site or district shall be in addition to all other applicable requirements
in the Land Development Code. All uses allowed by the underlying use district continue to be
permitted.
(2) The LDC amendment creating the HP -OV zone and the expansion of the Planning Board's
role in historic designation was recommended by the Zoning Task Force in 2002. In addition the
HP -OV zone and the role of the Planning Board has been reviewed by the Historic Preservation
Board.
PLANNING BOARD ACTION
The Planning Board at its August 31, 2004 meeting adopted a motion by a vote of 5 aye 0 nay to
recommend approval of the subject amendment ordinance.
RECOMMENDATION -
It is recommended that the attached draft ordinance be approved.
Attachment:
Draft Ordinance
Excerpt Planning Board Minutes 8 -31 -04
Public Notices
MD /DOD /SAY
E: \Comm Items\2004 \9 -21 -04 \LDC Amend HPOV Report.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
5 AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
6 CODE, BY AMENDING SECTION 20 -3.1 ENTITLED "ZONING USE
7 DISTRICTS AND PURPOSES" IN ORDER TO ADD A NEW HISTORIC
8 PRESERVATION OVERLAY DISTRICT (HP -OV); BY AMENDING SECTION
9 20 -5.17 ENTITLED "DESIGNATION OF HISTORIC DISTRICTS" IN ORDER
10 TO CLARIFY THE PROCESS OF DESIGNATING HISTORIC SITES AND
11 DISTRICTS; PROVIDING FOR SEVERABILITY; ORDINANCES IN
12 CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the Planning Department and the Planning Board are in the process of updating,
16 clarifying, and improving the provisions of the City's Land Development Code, specifically those
17 revisions recommended by the City's Zoning Task Force; and
18
19
20 WHEREAS, the current activity of the Historic Preservation Board to locally designate
21 historic sites and districts has triggered the need to amend certain sections of the Land
22 Development Code pertaining to the creation of an Historic Preservation Overlay and to provide
23 the procedure whereby the historic district overlays will be shown on the City's official map; and
24
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26 WHEREAS, the creation of an historic preservation overlay zone was recommended by the
27 Zoning Task Force; and
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30 WHEREAS, the Planning Board at its August 31, 2004 meeting, after public hearing,
31 approved a motion by a vote of 5 ayes 0 nays recommending that the proposed Land
32 Development Code amendments contained in this ordinance be adopted; and
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35 WHEREAS, the City Commission desires to accept the recommendations of the Planning
36 Board and enact the aforesaid amendment.
37
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
41
42 Section 1. That Section 20 -3.1, entitled "Zoning Use Districts and Purposes" of the South Miami
43 Land Development Code is hereby amended to add the following:
44
45 Section 20 -3.1 Zoning Use Districts and Purposes
46 (A) Zoning Districts Established
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48 Symbol Name
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50 HP -OV Historic Preservation Overlay
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2 (2)
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4 (B) District Purpose Statements.
5
6 HP -OV" Historic Preservation Overlay :: The purpose of this district is
7 to preserve and protect historic and /or architecturally worthy
8 buildings, sites, neighborhoods or archaeological zones, which impart a
9 distinct aspect to the City of South Miami and which serve as visible
10 reminders of the history and cultural heritage of the City, the State and
11 the Nation. The HP -OV zoning district shall overlay existing use
12 districts, and all uses allowed by the underlying use district shall be
13 permitted. The provisions, standards, and procedures set forth for
14 properties designated as an historic site or district shall be in addition
15 to all other applicable requirements in the Land Development Code.
16 The district is appropriate in any land use categories on the City's
17 adopted Comprehensive Plan and Future Land Use Map.
18
19
20 Section 2. That Section 20- 5.17, entitled "Designation of historic sites of the South
21 Miami Land Development Code is hereby amended to read as follows:
22
23 20 -5.17 Designation of historic sites.
24
25 (A) Report Required. Prior to the designation of an individual historic or
26 archeological site, an investigation and formal designation report must be filed with
27 the Historic Preservation Board.
28'
29 (B) Historic Preservation Board Recommendation. The Historic Preservation
30 Board shall make recommendations to the City Commission concerning all
31 properties proposed as historic sites, districts or archeological zones.
32
33 (C) Proposals and Preliminary Evaluation and Recommendation.
34
35 (1) Application for designation of individual properties and districts may be
36 made to the Planning Department by any member of
37 the Historic Preservation Board, the Environmental Review and
38 Preservation Board, the City Commission, the City administration or the
39 property owner(s) of the subject property for designation.
40
41 (2) The Historic Preservation Board shall conduct a 'preliminary evaluation of
42 available data for conformance with the criteria set forth herein and may
43 direct the preparation of a formal designation report by one of the members
44 of the board. The Historic Preservation Board may then meet as a body and
45 develop recommendations to transmit to the City Commission regarding
46 designations.
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(3)
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(D)
Historic Preservation Board Findings.
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(1)
If the board finds that the proposed designation meets the intent and
8
criteria set forth in this Code, it shall transmit such recommendation to
9
the Planning Board and City Commission; with the designation report
10
and any additions or modifications deemed appropriate.
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(2)
If the board finds that the proposed designation does not meet the
13
intent and criteria in this Code, no further action shall be required,
14
except that the board's 'action may be appealed in accordance with the
15
provisions of this Code.
16
17
)
Planning Board Review.
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(1) Following a favorable recommendation by the Historic
20
Preservation Board, a proposed designation shall: be implemented
21
by the adoption of an "HP -OV" Historic Preservation Overlay
22
zone for the property set forth in the historic designation report.
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(2) The Planning Board shall determine if the designation is
25
compatible with the goals and policies of the Comprehensive Plan,
26
and if the proposed historic site and /or district regulations would
27
change any existing zoning district regulations such as, for
28
example, permitted use, height, floor area ratio, yard setbacks or
29
off - street' parking. The review shall be pursuant to the provisions
30
set forth in Section 20 -5.5, "Applications requiring public
31
hearings ". The recommendation of the Planning Board on the
32
proposed designation shall be transmitted to the City Commission.
33
34
(F)
u: #ie D wgieo -4-- -° City Commission Public Hearing.
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36
(1)
Public Hearing Requirement. The City Commission omy shall hold a
37
public hearing, pursuant to the provisions set forth in Section 20 -5.5 (G)
38
and notice requirements of subsection (2) and as required by the provisions
39
of the City Charter, on each proposed designation within six 60 fewf-
40
calendar days of the recommendation by the Historic Preservation
41
Board and /or the filing of the completed designation report.
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2 (4)
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4 (2) Notice Requirement. At least ten 10 61 Q calendar days prior to the
5 public hearing for each proposed designation of an individual site, district
6 or zone, the Planning Director shall mail a copy of the
7 designation report to the owner at the address listed on the most recent tax
8 rolls as notification of the intent of the City Commission to consider
9 designation of the property.
10
11 (3) Objections. Upon notification, any owner of a property proposed for
12 individual designation who wishes to object shall submit to the City Clerk's
13 Office a notarized statement certifying the objection to the designation.
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17 (1)
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22 (2)
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36 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
37 are hereby repealed.
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40 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held
41 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
42 validity of the remaining portions of this ordinance.
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4 (5)
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6 Section 5. This ordinance shall be effective immediately after the adoption hereof
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9 PASSED AND ADOPTED this day of 2004
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11 ATTEST: APPROVED:
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13
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15 CITY CLERK MAYOR
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17
18 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
1.9 Mayor Russell:
20 Vice Mayor Palmer:
21 Commissioner Wiscombe:
22 Commissioner Birts- Cooper:
23 Commissioner Sherar:
24 CITY ATTORNEY
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46 NOTE: New wording underlined; wording to be removed indicated by strike-
47 through.
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51 E: \Comm Items \2004 \9- 21- 04 \LDC Amend HPOV Ord.doc
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Tt
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, August 31, 2004
City Commission Chambers
7:30 P.M.
EXCERPT
1. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:58 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy,
Mr. Comendeiro, and Mr. Illas.
Board members absent: Ms. Gibson and Mr. Mann.
City staff present: Don O'Donniley (Planning Director), Sanford A. _Youkilis (Planning
Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board
Secretary).
III. Administrative Matters
No administrative matters were discussed.
IV. Planning Board Applications / Public Hearings
PB -04 -016 (B)
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL AMENDMENTS TO THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION
Planning Board Meeting
Page 2 of 3
20 -3.1 ENTITLED "ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO ADD A
NEW HISTORIC ` PRESERVATION OVERLAY DISTRICT (HP -OV); BY
AMENDING SECTION 20 -5.17 ENTITLED "DESIGNATION OF HISTORIC
DISTRICTS" IN ORDER TO CLARIFY THE PROCESS OF DESIGNATING
HISTORIC . SITES AND DISTRICTS; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Illas read the item into record. Mr. O'Donniley presented the staff report. He
informed the Board that the current LDC regulations on historic designation did not
provide any procedures to record or document a designation. To date the City's two
historic site designations have been done by resolutions and are not shown on the City's
official zoning map or the future Land Use Map of the Comprehensive Plan. In the absence
of this connection the legal power of zoning would not be applicable to historic
preservation. In order to fully document and record this designation it is recommended that
the Land Development Code be amended to create an "HP -OV" Historic Preservation
Overlay zoning district thereby allowing the designation to become a zone map change.
This will include an expansion of the Planning Board's role in the historic designation
process. The Planning Board would process a recommended historic designation as a zone
map change' requiring notification, posting and a public hearing. The City Commission `s
role is also clarified to indicate that their approval action will involve public hearings and
the adoption of an ordinance.
Mr. O'Donniley also added the following staff observations;
(1) The HP -OV zoning district is an overlay district which "overlays" the underlying zone
use district... The provisions, standards, and procedures already set forth in the LDC
for properties designated as an historic site or district shall be in addition to all other
`applicable requirements in the Land Development Code. All uses allowed by the
underlying use district continue to be permitted.
(2) The LDC amendment creating the HP -OV zone and the expansion of the Planning
Board's role in historic designation was recommended by the Zoning Task Force in
2002. In addition - the HP -OV zone and the role of the Planning Board has been
reviewed by the Historic Preservation Board.
Mr. Morton then opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Jay Beckman 5820 SW 87" St.
Mr. Beckman stated his concern about the designation of homes as historical might make
it difficult for homeowners to repair their buildings.
Scott Kurtzman 6234 SW 56th St. Supported
Mr. Kurtzman stated ` that he strongly supported the technical amendment and the
designation of the Cambridge Lawns District. `
Planning Board Meeting
Page 3 of 3
Motion: Mr. Illas made a motion to recommend approval of the ordinance creating
the HP -OV zone district. Mr. Comendeiro seconded the motion.
Voter Ayes 5 Nays 0
EAComm Items \2004 \9- 21- 04\Excerpt PB Mins HP -OV Text.doc