HomeMy WebLinkAbout2005-3482 Ordinance
DEMOLITION PROCEDURESFOR NON-DESIGNATED STRUCTURES
ORDINANCE NO. 2005-3482
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X,
"HISTORIC PRESERVATION", DIVISION 4, "DESIGNATION,"
SECTION 118-591, BY AMENDING THE PROCEDURES FOR
INSTRUCTIONS TO THE PLANNING DEPARTMENT FOR
DESIGNATION OF HISTORIC STRUCTURES AND THE ISSUANCE OF
DEMOLITION PERMITS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (City) places a strong emphasis on the protection and
retention of all architecturally and historically significant structures in the City; and
WHEREAS, the City Commission has deemed it in the best interest and welfare ofthe City
to have procedures for the review of non-designated structures that may be proposed for demolition,
as well as procedures for the designation of historically and architecturally significant structures as
individual historic structures; and
WHEREAS, the City Commission has deemed it in the best interest and welfare ofthe City
to adopt procedures to preserve and protect the unique architectural history of Miami Beach; and
WHERAS, the City Commission and the Historic Preservation Board have deemed it
necessary to amend the procedures and requirements for the demolition of non-designated structures
in order to promote their preservation and protection; and
WHEREAS, The City of Miami Beach Historic Preservation and Planning Boards strongly
endorse the proposed amendments to the Historic Preservation Section of the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all ofthe above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 118, "Administration And Review Procedures," Article X, "Historic
Preservation," Division 4, "Designation," of the Land Development Regulations of the Code of the
City of Miami Beach, Florida is hereby amended as follows:
DNISION 4. DESIGNATION
Sec. 118-591. Historic designation procedure.
(a) Requests for designation.
(1) Requests for designation of an individual historic site or district may be made to the historic
preservation board by motion ofthe board, the city manager, by resolution ofthe planning board or
city commission, by any property owner in respect to his own property, by a majority of property
owners of record within a proposed district, by resolution of the county historic preservation board,
or by resolution of any organization whose purpose is to promote the preservation of historic sites.
(2) Proposals for designation shall include a completed application form available from the
planning department.
(3) Fees for requests shall be as follows:
a. A request initiated by any entity other than the city commission, a city board or other city
official as set out in subsection 118-591(a)(1) for site designation shall include an application fee as
provided in appendix A.
b. A request initiated by any entity other than the city commission, a city board or other city
official as set out in subsection 118-591(a)(1) for district designation shall include an application fee
per platted lot as provided in appendix A.
(b) Preliminary review. Upon receipt of a completed application and fees, if applicable, the
planning department shall prepare an evaluation and recommendation for consideration by the
board. After considering the department's recommendation, a majority vote of the board shall be
necessary to direct the department to prepare a designation report. The City Commission shall be
notified of the board's decision and the initial boundaries proposed for designation. Within 60 days
of the vote of the historic preservation board to direct the plannin~ department to prepare a
designation report. the City Commission may. by a 5/7 vote. deny or modify the proposed request for
designation.
(c) Requests for demolition permits. If, following a vote ofthe historic preservation board, after
a public hearing noticed according to the requirements of section 118-164, to ill instruct the planning
department to prepare a request for the designation of an individual historic site or district and an
evaluation and recommendation in accordance with section 118-591, or (in to extend the interim
procedures imposed under section Cd) below. and a permit is sought for demolition affecting the
subject structure, or any property within the proposed designation site or district, that permit shall not
be issued until one of the following occurs:
(1) The proposed historic preservation designation is approved by the city commission and a
certificate of appropriateness is awarded by the board pursuant to division 3 of this article;
(2) The proposed historic preservation designation is denied by the city commission; or
(3) The applicant applies for an accelerated approval of a certificate of appropriateness prior to
the final enactment ofthe historic preservation designation for the proposed site; and such certificate
of appropriateness has been issued under the provisions of division 3 of this article. The planning
department shall place an application for an accelerated approval of a certificate of appropriateness
upon the next available agenda of the historic preservation board.
The applicant or the planning department shall have up to one year, from the date the historic
preservation board votes to instruct staff to prepare a designation report, to prepare such report and
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present it to the board for consideration. Ifthe designation report is not completed within such one-
year period, the applicant or the planning department may request approval from the historic
preservation board for additional periods of six months or less within which to complete the report.
(d) Interim procedures for demolition permits. The persons or entities listed in (a)(l) above. may
request the board to instruct the planning department to prepare a designation report and implement
interim procedures for demolition permits. The planning director. or designee. may prepare and
submit to the historic preservation board an evaluation and recommendation for designation at a
meeting noticed in a newspaper of general circulation at least five (5) business days in advance ofthe
hearing. The property owner shall be notified in writing. by regular mail sent to the address of the
owner on the Miami-Dade County Property Appraiser's tax records. and postmarked at least five (5)
business days in advance of the hearing. The City Commission shall also then be notified. If the
historic preservation board finds that the evaluation and recommendation presents a prima facie case
that the property meets the criteria of the land development regulations for designation. it shall
instruct the planning department to prepare a designation report. in which case the procedures for the
issuance of a demolition permit set forth in subsection (c) above. shall be applicable for sixty (60)
days from the date of such vote. Within sixty (60) days ofthe vote by the historic preservation board
to instruct the planning department to prepare a designation report the City Commission may. by a
5/7 vote. deny or modify the proposed request for designation. The interim procedures shall continue
to apply after the sixty (60) days expires only by a vote of the historic preservation board to proceed
with the designation process at a public hearing with notice as provided in subsection (c) above. or
by agreement in writing of the property owner. A1'plication and fees. if applicable. shall be filed
within ten days of the board's vote at the initial public hearing. but shall not delay commencement of
the interim procedures. The interim procedures herein shall not be applicable to the individual
designation of single family homes located in single family zoning districts.
W-fEl1 Designation report. The designation report shall describe the historic, architectural and/or
archeological significance of the property proposed for historical site or district designation, and
recommend evaluation guidelines to be used by the board to evaluate the appropriateness and
compatibility of proposed developments affecting the designated site or district. The designation
report shall be presented to the board at a public hearing held during a regularly scheduled meeting.
illiet Public hearing; notification. A public hearing on a proposed historic preservation designation
shall be conducted by the historic preservation board after the date a designation report has been
filed. The property owners of record within 375 feet ofthe property proposed for designation shall be
notified by mail of the public hearing at least 15 days in advance of the hearing. This notification
requirement shall be the responsibility ofthe applicant.
SECTION 2. CODIFICATION.
It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions ofthis ordinance shall become and be made part ofthe Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
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SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision ofthis Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 18th day of
, 2005.
David Dermer
ATTEST:
JAwfP~~
CITYCLERK '
Robert P~,rcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~ S..~
City Attorney i't4- ~te
First Reading: April 20, 2005
Second Reading: M y 18, 2005
Verified by:
Underscore denotes new language
5/25/2005
T:IAGENDA\2005\May1805\RegularlDemo Procedures 2005 - ORD,doc
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Ordinance amending the Designation Procedures Section of the City Code.
Issue:
Amendment to the Designation Procedures Section of the City Code, to create an interim procedure for the
designation of structures in order to allow for a public hearing prior to the issuance of a demolition permit.
Item Summarv/Recommendation:
Under the existing designation section of the City Code, a property must go through at least one advertised
public hearing (30 day minimum) before consideration of the designation of a structure or district, and
protection from demolition, In order to address this issue, an interim process for demolition permits, where
the designation process is initiated with the initial 30 day mail notice requirement replaced with a 5 day
published notice, has been developed, This new process will allow for the planning department, at the
request of an authorized entity, to prepare a designation report and implement interim procedures for
demolition permits, and provide protection for a structure from demolition, in a much shorter timeframe.
On April 20, 2005 the City Commission approved the proposed Ordinance on First Reading. The
Administration recommends that the City Commission adopt the proposed Ordinance on Second Reading.
Adviso Board Recommendation:
The Planning Board transmitted the proposed Ordinance, with a favorable recommendation, to the City
Commission on February 22,2005. The Historic Preservation Board reviewed the Ordinance on February
8, 2005 and recommended approval. On March 16, 2005, the City Commission referred the proposed
Ordinance to the Land Use and Development Committee for further study. On March 28, 2005, the Land
Use and Develo ment Committee recommended a roval of the Ordinance, with certain modifications.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Thomas Mooney
City Manager
AGENDA ITEM
DATE
RS"IS
5',1'6 -os-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci,miami-beach,f1.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: May 18, 2005
Mayor David Dermer and
Members Of The City Commission
Jorge M. Gonzalez ~ ~ SECOND READING
City Manager /V U
AN ORDINANCE / F THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE X, "HISTORIC
PRESERVATION", DIVISION 4, "DESIGNATION," SECTION
118-591, BY AMENDING THE PROCEDURES FOR
INSTRUCTIONS TO THE PLANNING DEPARTMENT FOR
DESIGNATION OF HISTORIC STRUCTURES AND THE
ISSUANCE OF DEMOLITION PERMITS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the proposed Ordinance.
OVERVIEW
Under the existing designation section of the City Code, a property must go through at
least one advertised public hearing before consideration of designation, and protection
from demolition. Often times it takes at least two months to get to this point when a
structure is identified as potentially historically significant; in this intervening period the
property owner can pull a demolition permit. Pursuant to a referral from the City
Commission, as well as a Resolution from the Miami-Dade County Historic Preservation
Board encouraging the City to take action, an Ordinance amendment was drafted to narrow
the timeframe for providing protection from demolition to structures being considered for
designation.
ANALYSIS
In order to better protect architecturally and historically significant structures that have not
been designated, an interim process for demolition permits where the designation process
is initiated without notice to the property owner have been developed. This new process
will allow for the planning department, at the request of an authorized entity, to prepare
May 18, 2005
Commission Memorandum
Ordinance - Demolition Procedures for Non-Designated Structures
Page 2 of 3
a designation report and implement interim procedures for demolition permits, without
notice to the property owner.
The planning department would then prepare an evaluation and recommendation that
determines whether the property meets the criteria of the Land Development Regulations
for designation. This report would be submitted to the Historic Preservation Board at a
meeting noticed in accordance with the Florida Sunshine Law, Section 286.011, Florida
Statutes, which essentially means "adequate public notice". If the Historic Preservation
Board finds that the evaluation and recommendation satisfies the criteria of the code, it
may vote to instruct the department to prepare a designation report, and the existing
procedures for the issuance of a demolition permit would be applicable for sixty days from
the date of the vote.
These interim procedures would continue to apply thereafter only by a vote by the Historic
Preservation Board at a public hearing with a 30 day notice to the property owner and
property owners within 375 feet, or by agreement in writing of the property owner.
On February 8,2005, the Historic Preservation Board reviewed the subject Ordinance and
recommended approval. On February 22, 2005, the Planning Board considered the
proposed Ordinance Amendment and transmitted it to the City Commission with a
favorable recommendation.
On March 16, 2005, the City Commission referred the item to the Land Use and
Development Committee for further study. On March 28, 2005, the Land Use and
Development Committee endorsed the proposed Ordinance, with the following
mod ifications:
· In the event the historic preservation board is requested to instruct the planning
department to prepare a designation report andlor implement interim procedures for
demolition permits, the property owner shall be immediately notified in writing.
. The City Commission shall be advised, via an LTC, of any action of the Historic
Preservation Board directing the Planning Department to prepare a designation report.
A copy of the proposed initial boundaries, as well as the preliminary evaluation, shall be
attached to the LTC.
· The planning director, or designee, may prepare and submit to the historic preservation
board an evaluation and recommendation for designation at a meeting noticed in a
newspaper of general circulation at least five (5) days in advance of the hearing.
· The interim procedures shall not be applicable to the individual designation of single-
family homes located in single-family zoning districts.
May 18, 2005
Commission Memorandum
Ordinance - Demolition Procedures for Non-Designated Structures
Page 3 of 3
. The City Commission may, by a 5/7 vote, either modify or deny a request for
designation, within 60 days from the date of the vote of the historic preservation board
instructing staff to prepare a designation report.
On April 20, 2005 the City Commission adopted the proposed Ordinance on First Reading.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall
be necessary in order to enact any amendments to the Land Development Regulations.
JMG:TH:JGG:TRM
T:\AGENDA\2005IMA Y18051REGULARIDEMOLlTION PROCEDURES-MEMO,DOC
. .
. CITY OF MIAMI BEACH
NOtiCE OF PUBLIC HEARING
t:U
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and ~
City Commission of the City of Miami Beach, Florida, in the Commtssion 1:
Cf'ambers, 3rd floor, City Hall, 1700 Conventi~n Center Drlv~, Miami Beach, >-
Florida, on Wednl!Sday, May 18,2005, to consider the following: , C3
i z
1015A,M, , " :::l
An Ordinance Amending Chapter 70 Of The Code Of The City Of MIamI Beach, Ul
Er,titled "Miscellaneous Offenses," To Create Article VI, To Be Entitlprj "Sex
Offenders" And Creating Section 70-400, Entitled "Sex Offender R"sldency '3
Pr:lhibition," Providing For A Prohibition From ~e~ Offe~d~rs Conv'cted Of , :~
Crimes Under Certain Florida Statutes From LIving, Within 2500 Feet Of 'w
Specified Locations Within The City Of Miami Beach ~
::I:
Inquiries may be directed to the City Manager's Office at (305) 673-701 0, ....
, '0:20A.M,
An Ordinance Amending The Land Development Regulations Of The City, By
Amending Chapter 118, "Administration And Review Procedures," Article X,
"Historic Preservation," Division 4, "Designation," Section 118-f9 ~, By
Amending The Procedures For Instructions To The Planning ~~partme~t For
Designation Of Historic Structures And The Issuance Of Demolition Permits
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:30A.M.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 142 "Zoning Districts And Regulations," By Amending Article IV,
"Supplementary District Regulations," By Creating Division 6 "Housing For
Low And/Or Moderate Income Eld~rly," Creating Section 142-1181,
"Purpose," Section 142-1182 "Definitions: Section 142-1183, "Unit Size,"
And Section 142-1184 "Mandatory Criteria;" Amending Division 3,
"Residential Multifamily Districts," Subdivision II "RM-1 Residential
Multifamily Low Intensity," Subdivision IV, "RM-2 Residential Multifamily,
Medium Intensity," Subdivision V. "RM-3 Residential Multifamily, High
Intensity," Division 4 "CD-1 Commercial, Low Intensity District, H Division 5,
"CD-2 Commercial, Medium Intensity District," Division 6, "CD-3
Commercial, High Intensity District," And Division 18, "PS Performance
Standard District," By Including References To Division 6, "Housing For Low
And/Or Moderate Income Elderly"
Inquiries may be directed to the Planning Department at (305) 673-7550.
5:20 P,M.
An Ordinance Relating To Watercraft; Amending Chapter 66 By Enacting A
New Section 66-8 Regulating The Anchoring And Mooring Of Watercraft
Within The Boundaries Of The City; Regulating Anchoring Or Mooring For
Nonnavigational, Live-Aboard, And Other Purposes; Defining Nonnavigational
Purposes And Exceptions, And Live-Aboard; Establishing A Penalty For
Viollltion;
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED PARTIES are invited to appear at this meeting, or be represented
by an agent, or to express their I!iews In writing addressed to the City
Commi~sio!1' c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City
Hall, Miami Beach, Florida 33139, Copies of these ordinances are available
for pUblic insp~ction during normal business hours In the CitY. Clerk's OffIce,
1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach Florida
33139, This meeting may be continued and under such circumstances
additional legal notice would not be provided,
Robert E. Parcher, City Clerk,
City of Miami Beach
Pursuant to Section 286,0105, Fla, Stat., the City hereby advises the public
th~t: if a person decides to appeal any decision made by the City Commission
With respect to any matter considered at its meeting or its hearing, such
pe~son must ,ensure that a v,erbatim reco~d of the proceedir.gs i:i made,
which record mcludes the testimony and eVidence upon which the appeal i$
to be based, This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence
nor does it authorize challenges or appeals not otherwise allowed by law, '
To requ~st this material in accessible format, sign language interpreters
mformation on access for persons with disabilities, and/or any accommodation to
review any document or participate in any city-sponsored proceeding, please
contact (305) 604.2489 (voice), (305)673-7218(ITY) five days in advance to
initiate your request. m users may also call 711 (Florida Relay Service):
Ad #305
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