2008-3597 OrdinanceDEMOLITION EVALUATION CRITERIA
ORDINANCE NO.
2008-3597
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDAAMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
118, "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE X, "HISTORIC PRESERVATION", DIVISION 3,
"ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE
OF APPROPRIATENESS FOR DEMOLITION", BY
AMENDING SECTION 118-562 TO CLARIFY AND UPDATE
CERTAIN PROCEDURES AND REQUIREMENTS
PERTAINING TO THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION, AND BY
AMENDING SECTION 118-564 TO MODIFY THE
EVALUATION CRITERIA FOR A CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Historic Preservation Board is charged by
Ordinance with serving in an advisory capacity to the City Commission and other City
Boards on issues affecting the City's architecture, design, historic districts and structures
and in aquasi-judicial capacity with respect to applications for demolition of historic
structures; and
WHEREAS, the City of Miami Beach wishes to preserve its unique architectural
history and to maintain the structural, historical and architectural integrity of existing
structures in the City's designated historic districts and sites; and
WHEREAS, the City of Miami Beach continually seeks to update and clearly define
the requirements of the Land Development Regulations of the Code of the City of Miami
Beach as they pertain to the Historic Preservation Board's consideration and issuance of
Certificates of Appropriateness for Demolition; and
WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for the issuance of Certificates of Appropriateness
for Demolition; and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 118, "Administration and Review Procedures", Article X, "Historic
Preservation", Division 3, "Issuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition", of the Land Development Regulations of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-562. Application.
(a) An application for a certificate of appropriateness may be filed with the historic
preservation board at the same time or in advance of the submission of an application for a
building permit. Copies of all filed applications shall be made available for inspection by the
general public.
(b) All applications involving demolition, new building construction, alteration,
rehabilitation, renovation, restoration or any other physical modification of any building,
structure, improvement, landscape feature, public interior or site individually designated in
accordance with sections 118-591, 118-592 and 118-593, or located within an historic
district shall be on a form provided by the planning department and shall include such
information and attached exhibits as the board and the planning department determine are
needed to allowforcomplete evaluation of the proposed demolition, construction and other
physical improvements, alterations or modifications including, but not limited to, the
following:
(~6 An historic resources report, containing all available data and historic documentation
regarding the building, site or feature.
(8~7 Any application which involves substantial structural alterations to orthe substantial
or full demolition of any building, structure, improvement, significant landscape feature,
public interior or site individually designated in accordance with sections 118-591, 118-592
and 118-593, or located within an historic district, with the exception of non substantial
exterior structural repairs, alterations and improvements (as may be more specifically
defined by the board in its by-laws and application procedures), shall be required to include
a structural evaluation and corrective action report prepared by a professional (structural)
engineer, licensed in the state as a part of the application at time of submission. A financial
historic areservation board in their evaluation. For nonsubstantial exterior structural
repairs, alterations and improvements (as may be more specificallydefined bythe board in
its by-laws and application procedures), a signed and sealed engineering drawing shall be
required. The structural evaluation and corrective action report shall include, but not be
limited to, the following:
a. Review and analysis of structural conditions, based upon the engineer's direct on-
site inspection and analysis of the structural condition of the subject property, as well as
any and all earlier structural records and drawings, as may be available. This shall include
documentation, in the form of photographs, plans, elevations, and written descriptions, of
any and all areas, portions, or elements of the building or structure that shows existing or
potential structural problems or concerns, in full accordance with the requirements of the
building official.
b. Results of testing and analysis of structural materials and concrete core samples,
taken at a sufficient number of locations in and about the building, inclusive of but not
limited to foundations, columns, beams, walls, floors and roofs. The report shall
professionally analyze and evaluate the compressive strength, chloride content, and overall
structural condition of each and every core sample and assess the condition of all other
structural elements or systems in the building or structure, regardless of material, that may
be of structural concern.
c. Proposed corrective measures and monitoring of the work, including detailed plans,
elevations, sections and specifications, as well as written descriptions of any and all
structural corrective measures that will be undertaken for any and all areas, portions, or
elements of the building or structure that may be of structural concern. These documents
shall contain sufficient supporting evidence to establish that the corrective measures
proposed will be adequate to restore and preserve the structural integrity of the identified
areas, portions, or elements to be preserved, including a written and detailed description of
the process by which the proposed corrective work will proceed, as well as the sequencing
of the work. Finally, a written verification shall be included stating that all structural
conditions throughout the building or structure shall be closely monitored by a special
inspector, approved by the building department and employed by the applicant, during the
course of all demolition, new construction, and bracing and shoring work. This provision is
required in order to immediately identify any and all adverse changes in the structural
integrity or stability of the subject building or structure during the course of the work,
inclusive of architectural features. The special inspector shall provide expeditious direction
to the contractor specific to how the observed adverse changes shall be quickly and
properly stabilized and permanently corrected. This information shall be immediately
conveyed to the city's planning and building departments for their review and any
necessary actions.
d. Proposed methodology and process for demolition, including detailed plans,
elevations, sections and specifications, as well as a written description of any and all
temporary shoring and bracing measures and all measures required to protect the safety of
the public and workers. These measures shall be fully implemented and in place prior to
and during the course of any demolition and construction activity on the subject property.
The documents shall contain sufficient supporting evidence to establish that the corrective
measures proposed will be adequate to restore and preserve the structural integrity of the
identified areas, portions, and elements, including a written and detailed description of the
proposed process and sequencing of demolition, as well as a detailed description of the
demolition methods to be utilized. Finally, a written verification shall be included stating that
all work as described above shall be closely monitored during the course of work by a
3
special inspector approved by the building department. This inspector shall be employed
by the applicant.
e. A signed and sealed certification that the structural integrity and stability of the
subject building(s)/structure(s), and its architectural features, shall not be compromised in
any way during the course of any and all proposed work on the subject site.
{~8 The historic preservation board, for applications involving the full demolition of any
contributing building, structure or site individually designated in accordance with sections
118-591, 118-592 and 118-593, or located within an historic district, may request the cityto
retain a licensed independent structural engineer, with expertise in historic structures, to
perform an independent evaluation of the structure proposed to be demolished. The city
commission, in its sole discretion, may review the request and appropriate funds to cover
the costs associated with the retention of such engineer. The planning department shall
select the independent structural engineer from a qualified list it maintains. If it is
determined by the independent structural engineer that the building, structure or site can
be retained, preserved or restored, and a certificate of appropriateness is issued based
upon such determination, then the property owner shall reimburse the city for all costs it
paid to such engineer, and the property may be liened to assure payment. If it is
determined by the independent structural engineer that the building, structure or site
cannot be retained, preserved or restored, then the city shall bear the responsibility of all
costs incurred by such independent structural engineer.
Sec. 118-564. Decisions on certificates of appropriateness.
(f) Certificate of appropriateness for demolition.
(4) Evaluation criteria. The historic preservation board shall consider the following
criteria in evaluating applications for a certificate of appropriateness for demolition of
historic buildings, historic structures, historic improvements or historic sites, historic
landscape features and all public interior spaces, structures and buildings located in a
historic district or architecturally significant feature of a public area of the interior of a
historic or contributing building.
a. The building, structure, improvement, or site is designated on either a national or
state level, as part of a historic preservation district or as a historic architectural landmark
or site, or is designated pursuant to division 4 of this article as a historic building, historic
structure or historic site, historic improvement, historic landscape feature, historic interioror
the structure is of such historic/architectural interest or quality that it would reasonably
meet national, state or local criteria for such designation.
b. The building, structure, improvement, or site is of such design, craftsmanship, or
material that it could be reproduced only with great difficulty and/or expense.
c. The building, structure, improvement, or site is one of the last remaining examples
of its kind in the neighborhood, the county, or the region, or is a distinctive example of an
4
architectural or design style which contributes to the character of the district.
d. The building, structure, improvement, or site is a contributing building, structure,
improvement, site or landscape feature rather than a noncontributing building, structure,
improvement, site or landscape feature in a historic district as defined in section 114-1, or
is an architecturally significant feature of a public area of the interior of a historic or
contributing building.
e. Retention of the building, structure, improvement, landscape feature or site
promotes the general welfare of the city by providing an opportunity for study of local
history, architecture, and design, or by developing an understanding of the importance and
value of a particular culture and heritage.
f. If the proposed demolition is for the purpose of constructing a parking garage, the
board shall consider it if the parking garage is designed in a manner that is consistent with
the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings, U.S. Department of the Interior (1983), as amended, and/or the design
review guidelines for that particular district. If the district in which the property is located
lists retail uses as an allowable use then the ground floor shall contain such uses. At-grade
parking lots shall not be considered under this regulation. Parking lots or garages as main
permitted uses shall not be permitted on lots which have a lot line on Ocean Drive or
Espanola Way.
g. In the event an applicant or propertv owner proposes the total demolition of a
contributing structure, historic structure or architecturally significant feature, there aye
shall be definite plans presented to the board for the reuse of the property if the proposed
demolition is approved and carried out. ,
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h. The county unsafe structures board has ordered the demolition of a structure
without option.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
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 of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
~od~- ~ S-9Y
SECTION 5. EFFECTIVE DATE.
This Ordinance, shall take effect ten days following adoption.
PASSED AND ADOPTED this 13th
ATTEST:
CITY CLERK Robert Parcher
First Reading:
Second Reading
Verified by:
Underscore
02/04/2008
January 16, 20
(February 13
Go ez, AIC
g Director
new language
day of February , 2008.
~O/~ .~l•
AY R Matti H. Bowe~r2~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXE ION
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T:\AGENDA\2008\FEBRUARY 13\REGULAR\DEMO EVALUATION CRITERIA 2008- ORD.FEB.DOC
COMMISSION ITEM SUMMARY
Title:
Ordinance Amendment -Demolition Evaluation Criteria
cey Intenaea outcome supporrea:
Increase satisfaction with development and growth management across the City.
Increase satisfaction with neighborhood character.
Supporting Data (Surveys, Environmental Scan, etc.):
Development construction was ranked No. 5 by residents as one of the changes that will make Miami
Beach a better place; 66% of residents say City does the right amount for historic designation.
Issue:
Shall the City Commission approve an Ordinance Amendment to modify the submission requirements and
evaluation criteria for Certificates of Appropriateness for Demolition?
SECOND READING
The proposed Ordinance eliminates the mandatory requirements for the submission of Financial Feasibility
Studies as part of the Certificate of Appropriateness process.
The City Commission approved the ordinance at first reading on January 16, 2008. The Administration
recommends that the Ciry Commission adopt the Ordinance at second reading.
On February 13, 2007 the Historic Preservation Board reviewed the ordinance and recommended
approval. On April 9, 2007, the Land Use and Development Committee reviewed the proposed Ordinance
and recommended approval. On June 26, 2007 the Planning Board transmitted the proposed Ordinance to
the City Commission with a favorable recommendation.
On July 11, 2007 the City Commission referred the Ordinance back to the Land Use Committee for further
discussion and evaluation. On September 10, 2007 the Land Use Committee reviewed the revised
Ordinance and recommended approval; the Ordinance was referred back to the Planning Board by the
Land Use Committee. On December 18, 2007 the Planning Board transmitted the proposed Ordinance to
the City Commission with a favorable recommendation. The Historic Preservation Board reviewed the
Ordinance on January 8, 2008.
Financial Information:
Source of Amount Account
Funds: ~
N/A 2
3
OBPI Total
Financial Impact Summary: N/A
Clerk's Office Legislative Tracki
~ Thomas Mooney -Planning Department ~
~ f~epartment erector ~ n As;ist~nt City Manager ~ City Manager ~
Criteria 2008 - SUM.feb.doc
NIIA~V116EA~H AGENDAtTEM ~J~
~ DATE 2 13-0 ~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, viww.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
o,4TE: February 13, 2008 PUBLIC HEARING
SUBJECT: DEMOLITION EVALUATION CRITERIA
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION", DIVISION 3,
"ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION", BY
AMENDING SECTION 118-562 TO CLARIFY AND UPDATE CERTAIN
PROCEDURES AND REQUIREMENTS PERTAINING TO THE ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION, AND BY
AMENDING SECTION 118-564 TO MODIFY THE EVALUATION CRITERIA FOR
A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION; PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITYAND AN EFFECTIVE DATE.
Adopt the Ordinance.
BACKGROUND
When the Historic Preservation section of the code was originally drafted in 1984, the
Historic Preservation Board only had advisory authority with regard to any demolition
request. In light of the fact that a number of demolition applications at the time made an
economic argument as a reason for the demolition of an historic structure, the current
wording of the code pertaining to the need fora 'financial feasibility' study was drafted and
incorporated.
However, since the Historic Preservation Board now has binding authority with regard to the
demolition of historic and contributing structures, financial feasibility studies are rarely, if
ever, submitted as part of an application for a Certificate of Appropriateness. Although an
applicant certainly has the option to submit such a study, in most instances the sole issue of
'financial feasibility' is not considered a justifiable reason to demolish an existing historic or
Demolition Evaluation Criteria
February 13, 2008
Page 2 of 3
contributing structure, particularly if a building or structure is in good shape and physically
viable.
ANALYSIS
The subject Ordinance would amend the procedures and requirements for submitting a
'Financial Feasibility Study' in the event the partial or complete demolition of a structure is
proposed. Specifically, such feasibility studies would no longer be mandatory in all
applications. This would make the Code consistent with the ongoing, standard policies and
procedures of the Board, and would also remove an existing requirement that could, and
has, been used against applicants in the past by parties opposing a particular project.
Additionally, the Certificate of Appropriateness for Demolition Evaluation Criteria has been
amended to be consistent with this policy clarification.
On February 13, 2007, the Historic Preservation Board reviewed the subject Ordinance and
recommended approval, The Land Use and Development Committee reviewed the
proposed Ordinance on April 9, 2007 and recommended approval.
On June 26, 2007, the Planning Board considered the proposed Ordinance Amendment and
transmitted it to the City Commission with a favorable recommendation.
On July 11, 2007 the City Commission referred the Ordinance back to the Land Use
Committee for further discussion and evaluation. On September 10, 2007 the Land Use
Committee recommended that the Ordinance be amended by eliminating the requirement
that a 'Financial Feasibility' study be required and that there bean affirmative statement in
the Ordinance to that end.
The Ordinance was referred back to the Planning Board by the Land Use Committee. On
December 18, 2007 the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation.
The Historic Preservation Board reviewed the proposed Ordinance on January 8, 2008 and
recommended approval, subject to the following changes:
1. The HP Board should be given the flexibility to determine whether an economic
viability issue exists with regard to a request for demolition.
2. The HP Board should have the flexibility to be able to require a financial feasibility
study, on a case-by-case basis, without making it a mandatory requirement.
The City Commission approved the Ordinance at First Reading on January 16, 2008, as
transmitted by the Planning Board and without the modifications suggested by the Historic
Preservation Board.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
Demolition Evaluation Criteria
February 13, 2008
Page 3 of 3
CONCLUSION
The Administration recommends that the City Commission adopt the 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\2008\February 13\Regular\Demo Evaluation Criteria 2008 - MEM.feb.doc
m MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor
and City Commission of the City of Miami Beach, Florida, in the Commission Chambers,
3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
February 13, 2008, to consider the following:
10:20 a.m.
An Ordinance Amending Section 41-50 Of Chapter 41, Article U Of The Code Of The City Of
Miami Beach Relating To Resort Tax; Requiring That, As Of The Effective Date Provided Therein,
Resort Tax May Be Filed And Paid Online At No Charge, And Any Manual Filing And/Or Payment
Transaction Wili Be Assessed A $25.00 Processing Fee.
Inquiries may be directed to the Finance Department at (305) 673-7466.
10:30 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2 Thereof Entitled
"Officers, Employees And Agency Members," Section 2-459 "Certain Appearances Prohibited"
i By Establishing Post Public Service Lobbying Restrictions For Agency Members.
~ Inquiries may be directed to the legal Department at (305) 673-7470.
5:00 p.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic
Preservation", Division 3, "Issuance Of Certificate Of Appropriateness/Certificate To Dig/
Certificate Of Appropriateness For Demolition", By Amending Section 118-562 To Clarify And
Update Certain Procedures And Requirements Pertaining Ta The Issuance Of A Certificate Of
Appropriateness For Demolition, And By Amending Section 118-564 To Modify The Evaluation
Criteria For A Certificate Of Appropriateness For Demolition.
Inquiries may be directed to the Planning Department at (305) 673-7550.
5:01 p.m.
An Ordinance Amending Chapter 142, "Zoning Districts And Regulations,' Of The City Code, By
Amending Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," By Adding
New Section 142-109 Entitled "Commercial Use Of Single Family Homes Prohibited".
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 views in writing addressed to the City Commission, 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 inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive,1st Floor, City Hall, and 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 that: 'rf 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 person must 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. 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 request this material inaccessible format, sign language interpreters, information 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)673-7216(TTY)
five days in advance to initiate your request. TTY users may also call 711 (Florida Relay
Service).
Ad #476
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