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Ordinance 2001-3299 ORDINANCE NO. 2001-3299 • 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 4, ENTITLED "DESIGNATION" BY AMENDING SECTIONS 118-591 AND 118-593 TO AMEND THE PROCEDURES FOR OBTAINING A DEMOLITION PERMIT PURSUANT TO HISTORIC DESIGNATION;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 Historic Preservation Board strongly endorses the proposed amendments to the Historic Preservation Section of the Code; and r 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 4, entitled "Designation" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: 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 of the board,the city manager,by resolution of the 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 depaitinent's division's recommendation, a majority vote of the board shall be necessary to direct the department to prepare a designation report. (c) Requests for demolition permits. If,following a vote of the Historic Preservation Board, after a public hearing noticed according to the requirements of Section 118-164, to 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, a permit is sought for demolition affecting 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 of the 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 (1) year, from the date the Historic Preservation Board votes to instruct staff to prepare a designation report,to prepare such report and present it to the Board for consideration. If the designation report is not completed within such one (1) year period, the applicant or the Planning Department may request approval from the Historic Preservation Board for additional periods of six (6) months or less within which to complete the report. (e)(d) 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. (djam 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 2 • • filed. The property owners of record within 375 feet of the 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 of the applicant. Section 118-593. Historic preservation designation. * * * • - , I - - - : : - : 'I 11- -. , : : •• . •: - : - - , . - - - •: ': .:: :, : • • I • • g• 11 . 11 11 11. 11 • . 11 11. •• . .- - , . . 11 5 -- . 11 11 . 11 11• 11 l 11 :, 11 11 : : • , I : I : I - : : •• : . - - - • • : : 1111 :11 •. •- - -- 11 • . : . : 11 : •• 'i : :'• ': : - . • 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days from adoption. 3 I PASSED and ADOPTED this 14th day of March , 2001. MAY'$1 ATT�� CITY CLERK APPROVED AS TO Ordinance No. 2001-3299 FORM & LANGUAGE & F G ' EXECUTION Alf g#1_ - �� City A'torney Date • =new language Strikeout= deleted language F:\PLAN\$ALL\DRAFT OR\18-MOR.HPB 26 February 2001 4 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, March 14, 2001, at the times listed below, to consider the adoption of the following ordinances: at 10:30 a.m. : AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII THEREOF ENTITLED "STANDARDS OF CONDUCT", BY AMENDING, DIVISION 4 ENTITLED "PROCUREMENT, " BY AMENDING SECTION 2-486 ENTITLED "CONE OF SILENCE" ; SAID AMENDMENT EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS TO ALL CITY EVALUATION COMMITTEE MEMBERS; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; AND PROVIDING FOR THE REQUIREMENT OF REPORTING VIOLATIONS TO THE CITY ATTORNEY'S OFFICE. Inquiries may be directed to the Procurement Department at (305) 673-7490. at 10:35 a.m. : AN ORDINANCE AMENDING ORDINANCE NO. 99-3206, WHICH AMENDED DIVISION 24 OF CHAPTER 2, ARTICLE III, OF THE MIAMI BEACH CITY CODE, ENTITLED "CAPITAL PROJECTS OVERSIGHT COMMITTEE" (SAID COMMITTEE NOW KNOWN AS THE "CONVENTION CENTER CAPITAL PROJECTS OVERSIGHT COMMITTEE") ; HEREIN AMENDING SECTION V OF ORDINANCE NO. 99-3206 BY DELETING THE SUNSET PROVISION; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. Inquiries may be directed to the Convention Center at (305) 673-7311. at 10:40a.m. : AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS, " DIVISION 2 ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS" BY CREATING DEVELOPMENT REGULATIONS WITHIN THE RS-3 AND RS-4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS FOR THE ALTOS DEL MAR HISTORIC DISTRICT, BOUNDED BY 79TH STREET ON THE NORTH, COLLINS AVENUE ON THE WEST, 77TH STREET ON THE SOUTH, AND THE ATLANTIC OCEAN ON THE EAST, BY SPECIFYING LOT AREA, SETBACK, BUILDING HEIGHT, MAXIMUM _ BUILDING SIZE AND VARIOUS OTHER ANCILLARY DEVELOPMENT REGULATIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND EFFECTIVE DATE. at 10:50 a.m. : AN ORDINANCE AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY CODE ENTITLED "ZONING DISTRICTS AND REGULATIONS" BY AMENDING SECTION 142-875 THEREOF ENTITLED "ROOF REPLACEMENTS" BY ALLOWING ALTERNATE ROOF MATERIALS; AMENDING CHAPTER 130 OF THE MIAMI BEACH CITY CODE ENTITLED "OFF-STREET PARKING" BY AMENDING SECTION 130-64 THEREOF ENTITLED "DRIVES" BY MODIFYING MINIMUM DRIVEWAYS WIDTHS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. at 2:00 p.m. : 2 AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, 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. Inquiries may be directed to the Planning Department at (305) 673-7550. 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, c/o 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. • • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. /V7-0 TO: Mayor Neisen 0. Kasdin and Date: March 14, 2001 Members of the City Commission FROM Jorge M. Gonzalez City Manager SECOND READING 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 4, Entitled "Designation" by Amending Sections 118-591 and 118-593 to Amend the Procedures 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 The Administration recommends that the City Commission, on second reading, approve the proposed amending Ordinance. ANALYSIS The subject Ordinance eliminates Section 118-593(d)and amends Section 118-591 relative to the moratorium on demolition permits within proposed historic districts and historic sites. The reason for this is that the current moratorium period of six (6) months is not enough time for an historic site or district to complete the preliminary evaluation and designation procedures of the Historic Preservation Board, as well as Planning Board review and City Commission approval. Specifically, language has been added which requires that the Board direct staff to prepare a Preliminary Evaluation at a public hearing noticed according to the requirements of Section 118- 164 of the Code. Additionally, the moratorium period of up to, but not more than, six months, has been stricken. The Ordinance amendment was reviewed favorably by the Historic Preservation Board on October 10, 2000 and November 14, 2000. The Planning Board transmitted the Ordinance to the City Commission with a favorable recommendation on November 28, 2000. On January 10, 2001,the City Commission remanded the matter back to the Planning Board for further study, at the request of the City Attorney. On January 30, 2001 the Planning Board considered the revisions proposed by the City Attorney and transmitted the Ordinance to the City Commission with a favorable recommendation. The proposed revisions were reviewed favorably by the Historic Preservation Board on February 13, 2001. AGENDA ITEM N5F DATE ✓W'(9( Commission Memorandum March 14, 2001 Ordinance -Demolition Moratorium Page 2 On February 21, 2001,the City Commission approved the proposed Ordinance on first reading. At that time, some concern was expressed relative to creating an unlimited period of time for preparing and presenting a designation report. In order to address this concern, additional language has been added which requires that a designation report be prepared and presented to the Historic Preservation Board within a year of the initial evaluation. Language has also been added which specifies that in the event an applicant should avail themselves of the accelerated Certificate of Appropriateness approval option, such application shall be placed upon the first available agenda of the Historic Preservation Board. Staff has also located the proposed new language in Section 118-591, under Historic Designation Procedure, as it applies to "Preliminary Reviews" and would be more appropriately located in that particular section of the code. The proposed revisions will be reviewed by the Historic Preservation Board on March 13, 2001. Based on the foregoing analysis, the Administration recommends that the Commission approve, on second reading,the proposed amending ordinance to the Land Development Regulations of the Code of the City of Miami Beach. JMG\A \TRM T:\AGENDA\2001\MARI401\REGULAR\CM-MOR.W PD • ° / e oU u 7-1-1•7 - t c © q " c & 2 1-4 , • c4 2 / � d .0 _% A r « = u . .§ � k o ._ � \ � . . 2 rz4 <