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Ordinance 2001-3285 ORDINANCE NO. 2001-3285 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,ARTICLE X,DIVISION 3,ENTITLED"ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION" BY AMENDING SECTION 118 - 563 TO CLARIFY,MODIFY AND EXPAND THE REVIEW PROCEDURES AND STANDARDS FOR STAFF REVIEW OF CERTIFICATES OF APPROPRIATENESS; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The City of Miami Beach wishes to preserve its unique architectural history and to maintain the integrity of existing structures in the City's designated historic districts and sites; and WHEREAS, The City of Miami Beach Historic Preservation Board is the primary vehicle for preserving this history and integrity; and WHEREAS, The City of Miami Beach desires to modify and enhance existing procedures of the Historic Preservation Board in order to preserve the historical and architectural integrity and character of the City; and WHEREAS, The City of Miami Beach desires to refine, clarify and expand its review procedures for Certificates of Appropriateness in a manner which assures the adequate protection of historic structures and architectural features within the City's designated historic districts; and WHEREAS, The City of Miami Beach Historic Preservation Board strongly endorses the proposed amendments to the Historic Preservation Section of the Code; 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. That Chapter 118, Article X, Division 3, entitled "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. 118-563. Review procedure. (d) Notwithstanding subsections 118-563(a)-(c) above, all applications for certificates of appropriateness involving minor repairs,demolition,alterations and improvements(as defined below and by additional Design Guidelines to be adopted by the board in consultation with the Planning Director or designee) shall be reviewed by the staff of the board. The staff shall approve, approve with conditions,or deny a certificate of appropriateness or a certificate to dig after the date of receipt of a completed application. Such minor repairs,alterations and improvements include the following: (1) Ground level additions to existing structures,not to exceed two (2) stories in height, which are not substantially visible from the public right-of-way(excluding rear alleys),any waterfront or public parks, provided such ground level additions do not require the demolition or alteration of architecturally significant portions of a building or structure.and For those lots under 5,000 square feet, the floor area of the proposed addition may not exceed 30% of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 1,500 square feet. For those lots between 5,000 square feet and 10,000 square feet, the floor area of the proposed addition may not exceed 20% of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 2,000 square feet. For those lots greater than 10,000 square feet,the whose floor area ' of the proposed addition may not exceed 10% of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 5,000 square feet, , . . •'• • - • • • • • :••' • - I. . . . - - , . . . . - : . . • . • • : • .. '. . : I S" ." : . atturC. SECTION 2. INCLUSION IN THE 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 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 3. REPEALER. That 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. 2 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 20th day of January , 2001. PASSED and ADOPTED this 10th day of January , 2001. 0 MAYO AT ST: 1Lf(c. CITY CLERIK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Vai2-- -- 9-0) City Attorney Date =new language Striktout=deleted language F:\PLAN\$ALL\DRAFT OR\18GN2-CR.HPB 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. ot_O ) TO: Mayor Neisen O. Kasdin and Date: January 10, 2001 Members of the City Commission • FROM Jorge M. Gonzalez tite6--- City Manager SECOND READING PUBLIC HEARING SUBJECT: Ordinance-Revisions to Historic Preservation Ordinance 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, Article X, Division 3, Entitled "Issuance of Certificate of Appropriateness/certificate to Dig/certificate of Appropriateness for Demolition" by Amending Section 118 - 563 to Clarify, Modify and Expand the Review Procedures and Standards for Staff Review of Certificates of Appropriateness, by Amending Chapter 118, Article X, Division 4,Entitled "Designation" by Amending Section 118-593 to Amend the Timeframes for Obtaining a Demolition Permit Pursuant to Historic Designation; Providing for Inclusion in the City Code; Providing for Repealer, Severability and an Effective Date. ADMINISTRATION RECOMMENDATION Adopt that portion of the ordinance pertaining to Section 118-563(d)(1) of the Code and refer the proposed amendment to section 118-593(d) of the Code back to the Planning Board for further study. ANALYSIS On July 26, 2000 the City Commission adopted comprehensive revisions to the Historic Preservation Section of the City Code. The subject "Corrective Ordinance" further amends the Historic Preservation Section of the City Code. The reasons for these corrective actions are as follows: 1. Section 118-563(d)(1) has been modified to give slightly greater latitude to staff, relative to ground level additions which are not substantially visible from the public right-of-way. Currently, the Code limits such additions, which can be approved administratively, to no more than 10% of the floor area of the existing structure or lot, whichever is less. The intent of this language was to limits large additions on large properties. However,it has had the unintended effect of virtually prohibiting administrative review of additions on smaller lots; indeed, for a typical 5,000 square foot lot,the maximumaddition AGENDA ITEM %S ^ DATE 1 - 10 - 0 / Commission Memorandum January 10, 2001 Ordinance -Historic Preservation "Corrective" Ordinance Page 2 which can be approved administratively is 500 square feet, which is slightly larger than a utility shed. In order to correct this, and address one of the concerns of the Business Resolution Task Force (BRTF)relative to expediting the permit process, staff has modified the 10% rule for lots under 10,000 square feet in accordance with the recommendations of the Historic Preservation Board. 2. Section 118-593(d) had been modified to develop a more defined timeframe and structure for demolition permits within proposed historic districts and historic sites. However, the City Attorney's Office has researched the ramifications of eliminating or modifying this moratorium period and has concluded that the matter is in need of further study. Accordingly, it is suggested that this portion of the amending ordinance be referred back to the Planning Board. At its November 28, 2000 meeting, the Planning Board voted to recommend approval of the proposed Ordinance. The Ordinance amendment was reviewed favorably by the Historic Preservation Board on October 10, 2000 and November 14, 2000. On December 20, 2000 the City Commission approved the amending Ordinance on first reading. Based on the foregoing analysis,the Administration recommends that the Commission approve, on second reading, the proposed amending ordinance to Chapter 118, Article X, Entitled "Historic Preservation", Section 118-563(d)(1), of the Land Development Regulations of the Code of the City of Miami Beach and refer the proposed amendment to section 118-593(d) of the Code back to the Planning Board for further study. JMG\JGG\TRM T:\AGENDA\2001\JAN 1001\REGULAR\CM-18CR.WPD CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS 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 Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, January 10, 2001, at the times listed below, to consider the adoption . of the following ordinances: at 10:30 a.m.: ' AN ORDINANC AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 3, ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION" BY AMENDING SECTION 118-563 TO CLARIFY, MODIFY AND EXPAND THE REVIEW PROCEDURES AND STANDARDS FOR STAFF REVIEW OF _ CERTIFICATES OF APPROPRIATENESS, BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 4, ENTITLED 'DESIGNATION" BY AMENDING SECTION 118-593 TO AMEND THE TIMEFRAMES FOR _ OBTAINING A DEMOLITION PERMIT PURSUANT TO HISTORIC DESIGNATION; PROVIDING FOR INCLUSION IN THE CITY CODE;PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. at 11:00 a.m.: AN ORDINANCE AMENDING THE CODE OF CITY OF MIAMI BEACH BY AMENDING CHAPTER 6 ENTITLED"ALCOHOLIC BEVERAGES", BY AMENDING SECTION 6-3 ENTITLED "HOURS OF SALE" BY EXTENDING THE HOURS OF SALE OF OFF-PREMISES ALCOHOLIC BEVERAGES FROM 10 P.M. TO 11 P.M.; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Inquiries may be directed to the Planning Department at (305) 673-7550. at 11:15 a.m.: AN ORDINANCE AMENDING THE CODE OF THS CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 ENTITLED "ALCOHOLIC BEVERAGES", SECTION 6-5 ENTITLED PATRON AGE RESTRICTIONS, BY REVISING THE PENALTIES FOR VIOLATIONS OF SECTION 6-5;PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Inquiries may be directed to the Legal Department at (305) 673-7470. at 11:30 a.m.: AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES' SALARY ORDINANCE, FOR THE CLASSIFICATIONS IN GROUP V, BEING THOSE CLASSIFICATIONS COVERED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, IN ACCORDANCE WITH THE NEGOTIATED AGREEMENT, CHANGING THE MINIMUM OF THE RANGES TO REFLECT THE CURRENT CLASSIFICATION AND PAY SYSTEM, RETROACTIVELY, EFFECTIVE WITH THE FIRST PAY PERIOD ENDING IN OCTOBER 2000; INCREASING THE MINIMUM AND MAXIMUM OF THE RANGES IN 2001 AND 2002 IN ACCORDANCE WITH THE CLASSIFICATION AND PAY SYSTEM; INCREASING THE SALARY OF EACH EMPLOYEE, RETROACTIVELY,BY 2%EFFECTIVE THE FIRST PAY PERIOD ENDING IN OCTOBER 2000; INCREASING THE' SALARY OF EACH EMPLOYEE ACCORDING TO THE CONSUMER PRICE INDEX-U (ALL URBAN CONSUMERS) IN 2001 AND 2002 EFFECTIVE WITH THE FIRST PAY PERIOD ENDING IN OCTOBER 2001 AND OCTOBER 2002, RESPECTIVELY; WITH NO EMPLOYEE TO EXCEED THE MAXIMUM OF THE NEW RANGE AT ANY TIME; PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATES. Inquiries may be directed to the Human Resources Department at (305) 673-7524. at 2:00 p.m.: AN ORDINANCE PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF FRANCHISES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS OF WAYS AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAY IS IN THE, PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING A SAVING CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Inquiries may be directed to the City Manager's Office at (305) 673-7010. ALL 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, do the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of this ordinance are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st 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 that: 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 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. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding, telephone(305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. Please publish Sunday,December 31,2000 Display Ad Miami Herald Beach Neighbors Ad Number 0003 \ Gio k u 2 : © � q - D o - rs / § - . - L) E c 2 o q & A o § J • .` E