Ordinance 99-3167 ORDINANCE NO, 99-3167
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,
FLORIDA, AMENDING SECTION 118 ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES" BY
AMENDING SUBSECTION 118-531 ENTITLED "REVIEW
REQUESTS;MEETINGS" TO PROVIDE FOR THE REVIEW
OF PUBLIC IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY
AND EASEMENTS IN HISTORIC DISTRICTS BY THE
JOINT DESIGN REVIEW/HISTORIC PRESERVATION
BOARD; BY AMENDING SECTION 118-260 ENTITLED
"SPECIAL REVIEW PROCEDURE" TO PROVIDE FOR
STAFF LEVEL REVIEW OF MINOR PUBLIC
IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY AND
EASEMENTS WITHIN HISTORIC DISTRICTS;PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach has several Historic Districts within the City in which
the goals of historic preservation are fostered by various procedures for the review of plans for new
construction, demolition, alteration, and rehabilitation of buildings and sites therein to preserve the
historic character of such Districts; and
WHEREAS,the City of Miami Beach deems it advisable that public improvement projects
upon public rights-of-way and easements in such Districts also receive a level of scrutiny and review
similar to private projects to assure their compatibility with the historic character in the Districts.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. That Section 118-531 entitled "Review requests; meetings" of the Code of the City
of Miami Beach, Florida is hereby amended to read as follows:
118-531 Review requests; meetings.
In those instances where a designated historic building,historic structure,historic improvement,
historic landscape feature,historic site,or building or structure located within a historic district,
or national register site or district, is also under the jurisdiction of the design review board(see
chapter 118, article II, division 3, and chapter 118, article VI), requests for design review
approval and a certificate of appropriateness other than for demolition shall be reviewed by a
joint meeting of the design review board and the historic preservation board's architectural
historian,appointees from Miami Design Preservation League,Dade Heritage Trust,and faculty
member from a university in the state. However, one of these members must be an architect
registered with the state. In the event that one such member is not an architect the board may
vote to replace one of these members with another member who is an architect. The joint board
shall also review requests for design review approval for projects involving rehabilitation
pursuant to chapter 118,article IX,of historically significant buildings which are nonconforming
buildings and have been damaged by more than 50 percent of their value, and shall review
public improvements upon public rights-of-way and easements located within a Historic District.
For purposes hereof public improvements shall include, but not be limited to, structures,
streetscape',projects, street improvements or redesign, modifications to street lighting or
signage. landscaping projects. medians; and above ground utilites: however, public
improvements shall exclude routine maintenance and utility repair work.
SECTION 2. That Section 118-260 entitled "Special review procedure" of the Code of the City of
Miami Beach, Florida is hereby amended to read as follows:
Sec. 118-260 Special review procedure.
For minor work that is visible from a public way or work which affects the exterior of the
building which is associated with rehabilitations and additions to existing buildings, or the
construction,repair, or rehabilitation of new or existing walls, at-grade parking lots, fences,
minor public improvements upon public rights-of-way and easements located within a
Historic District as described in Section 118-531 hereof,and signs including change of copy,
the historic preservation and urban design director or his designated representative,upon the
written authorization of the chairperson of the design review board, shall have the authority
to approve, approve with conditions or deny an application on behalf of the board. The
director's decision shall be based upon the criteria listed in this article. Any appeal of the
historic preservation and urban design director's decision shall be considered by the board
at the next regular meeting date.
SECTION 3. CODIFICATION IN CITY CODE.
It is the intention of the City commission,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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word"ordinance" may be changed to "section" or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 30th day of January , 1999.
PASSED and ADOPTED this 20th day of January , 1999.
A EST: MAYOR
Fait,c0A-
CITY CLERK
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F:\PLAN\$PLB\NOV\PWKS 1348\1348ORD2.REV
1st reading 12/16/98
2nd reading 1/20/99
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
*OWL__
ttorney Dots
' ITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
,ttp:\\elm iam i-beach.fl.us
COMMISSION MEMORANDUM NO. 40 'I "9 9
TO: Mayor Nelsen O. Kasdin and DATE: January 20, 1999
Members of the City Co •mission
FROM: Sergio Rodriguez As," •
City Manager KA
SUBJECT: Second Reading-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, Florida, Amending Section 118 Entitled
"Administration and Review Procedures" By Amending Subsection 118-531
Entitled "Review Requests; Meetings" to Provide for the Review of Public
Improvements in Public Rights-Of-Way and Easements in Historic Districts by
the Joint Design Review/Historic Preservation Board; by Amending Section
118-260 Entitled "Special Review Procedure" to Provide for Staff Level Review
of Minor Public Improvements in Public Rights-Of-Way and Easements Within
Historic Districts; Providing for Codification; Repealer; Severability; and an
Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
BACKGROUND
At the Commission Meeting of May 7, 1997, Commissioner Shapiro expressed concern over the
treatment of certain public streetscape projects in rights-of-way differently from public or private
projects on platted properties. More specifically,his concern was that these projects could have been
more sensitive to the unique architectural and historic character of the City had they been subject to
the same rigorous Historic Preservation/Design Review process that development projects (both
public and private) need to follow.
Subsequently, the Commissioner requested that an ordinance be created to require that all public
improvement projects in the City's historic districts go through the Historic Preservation/Design
Review process. An amendment to the Land Development Regulations of the City Code providing
for review of public improvement projects within Historic Districts by the Historic Preservation
Board was referred to the Planning Board by the City Commission on September 10, 1997.
AGENDA ITEM J
DATE I -20-91
1 1
The originally requested ordinance was drafted by the City Attorney's Office. However, said
amending ordinance was subsequently modified and revised by the Administration in order to clarify
that the review of the subject public improvements in rights-of-way shall be by the Joint Design
Review/Historic Preservation Board(not the Historic Preservation Board),which has the appropriate
jurisdiction over these projects, and to allow staff level review of minor public improvement
projects, much as it does now for public or private projects on platted properties. On November 17,
1998, the Planning Board voted 5-0 to recommend approval of the subject ordinance.
At its December 16, 1998 meeting, the City Commission voted 6-0 to approve the proposed
ordinance on first reading, with the further request to add a definition section to include the
definition of "public improvement". Planning Department staff has subsequently revised the
proposed ordinance to include definitions of public improvements(this additional language is shown
as shaded text in the body of the proposed ordinance), and it is this revised ordinance that is before
the Commission today.
ANALYSIS -
The amendment would add public improvement projects in public rights-of-way and easements to
the list of projects within Historic Districts requiring review by the Joint Design Review/Historic
Preservation Board. The following is a list of the types of possible public improvement projects
which could require review by the Joint Board under this provision.
- Structures (such as those on Lincoln Road)
- Major streetscape projects
- Street improvements or redesign excluding routine maintenance and utility repair work
- Substantial changes in street lighting or signage
- Major landscaping projects
- Medians
In the past,there have been occasions in which public improvement projects in rights-of-way located
within Historic Districts have not been entirely appropriate with the historic character of the
surrounding District. The review of plans for all development projects located in Historic Districts
would ensure the preservation of the historic character of such Districts. It would be advisable that
major public works projects in such Districts receive a level of scrutiny and review similar to private
projects to assure their compatibility with the historic character in the Districts. The Administration
has concluded that the Joint Design Review/Historic Preservation Board would be the most
appropriate board to review proposed public improvement projects located within Historic Districts.
The Historic Preservation Board should continue to be responsible for the review of proposed
demolitions within Historic Districts.
The Administration also believes that for projects of a minor nature, the amending ordinance,
incorporated herein, would allow the review of minor projects at a staff level. This provision is
already used in the Design Review process, and authorizes the Historic Preservation and Urban
Design Director or his/her designated representative to approve, with conditions or deny an
application on behalf of the Board. The Director's decision is based upon specific Design Review
criteria. Any appeal of the Historic Preservation and Urban Design Director's decision is considered
by the Board at the next regular meeting date. Applying this Special Review Procedure to public
improvement projects in Historic Districts will allow minor projects to be reviewed without unduly
overburdening the Joint Design Review/Historic Preservation Board.
CONCLUSION
Based on the foregoing analysis, the Administration recommends that the Commission adopt, upon
second reading public hearing,the proposed amending ordinance to Section 118 of the Code of the
City of Miami Beach, Florida, revised by the Administration as directed at first reading, as the
review of public improvement projects in rights-of-way and easements in Historic Districts by the
Joint Design Review/Historic Preservation Board would assure their compatibility with the historic
character of the Districts.
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