2002-3349 OrdinanceORDINANCE NO. 2002-3349
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, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II,
BOARDS, DIVISION 4, HISTORIC PRESERVATION BOARD,
SECTION 118-102(3), POWERS AND DUTIES, AND 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,"
SECTION 118-563(I), "REVIEW PROCEDURE," TO MAKE HISTORIC
PRESERVATION BOARD REVIEW ADVISORY TO THE CITY
COMMISSION FOR CERTIFICATES OF APPROPRIATENESS FOR
DEMOLITION FOR PROPERTIES OWNED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations of the Code of the City of Miami
Beach, contain various provisions regulating the development and use of property within the
City; and
WHEREAS, the City Attorney's Office and the Administration have been monitoring
the efficiency and effectiveness of the Land Development Regulations in addressing the
development and use of property within the City; and
WHEREAS, the City Attorney's Office and the Administration recommend the
amendments provided below to improve the efficiency and effectiveness of the Land
Development Regulations in accomplishing the policies and goals as expressed in the
Comprehensive Plan, the Land Development Regulations, the orders of the various land
development review boards, and the impact of the regulations on the citizens and businesses
affected thereby.
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 II,
Boards, Division 4, Historic Preservation Board, Section 118-102, Powers and Duties,
Subsection (3), of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 118-102. Powers and duties.
The historic preservation board shall:
(3) Issue or deny certificates of appropriateness, certificates to dig and certificates of
appropriateness for demolition in accordance with procedures specified in this division,
excluding certificates of appropriateness for demolition for city-owned buildings and other
improvements as hereinafter specified on city-owned property and public rights-of-ways, and
property owned by the Miami Beach Redevelopment Agency, for which properties the
historic preservation board shall serve as advisor to the city commission.
SECTION 2. That 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," Section 118-563, "Review Procedure,"
Subsection (i), of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 118-563. Review procedure.
(i) Notwithstanding any other provisions of this chapter, certificates of appropriateness
for demolition for any building, stmcture, improvement, or landscape feature on a historic
site or located within a historic district and located on city-owned property or rights-of-way~
and property owned by the Miami Beach Redevelopment Agency, the actions of the historic
preservation board shall be advisory with the right of approval or disapproval vested with the
city commission.
SECTION 3. REPEAl,ER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the p~ovisions
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 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 takeeffect ten da/3~ll~wlng adoption.
PASSED and ADOPTED this ry , 2002.
[~/~OR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY ATTORNEY ~ DATE
F:~ATTO'uHELG\Ordinances\Glitch2\Ordinance2&3.RDA-HP.wlxl
0rd:[nance No. 2002-3369
CITY OF MIAMI BEACH ~ '*
COMMISSION ITEM SUMMARY
Condensed Title:
Second reading public hearing - Ordinance amending Historic Preservation Board review of RDA
demolition permits.
Issue:
1. Vesting in the City Commission authority to issue certificates of appropriateness for demolition for
property owned by the Miami Beach Redevelopment Agency.
Item Summary/Recommendation:
Approve ordinance on second reading.
Advisory Board Recommendation:
Planning Board voted 5-0 (2 absent) to recommend the City Commission approve the proposed
amendments.
At the January 30, 2002 meeting, the Commission voted (5-2) to approve the ordinance on first reading.
Financial Information:
Amountto be expended:
Source of lB
Funds: ~
Finance Dept. ~
LAN~$PLB\CCM E MOS~2002~1545summmy4.doc
AGENDA ITEM ~' D
DATE ~--"~/-0"~---
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: February 20, 2002
From: Jorge M. Gonzalez
City
Manager
'~/J~ Second Reading - Public Hearing
SUBJECT: Historic Preservation Board Review of RDA Demolition Permits
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, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE II, BOARDS, DIVISION 4, HISTORIC
PRESERVATION BOARD, SECTION 118-102(3), POWERS AND DUTIES, AND
CHAPTER 1'18, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE
X, "HISTORIC PRESERVATION," DIVISION 3, "ISSUANCE OF CERTIFICATE
OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION," SECTION 118-563(I), "REVIEW
PROCEDURE," TO MAKE HISTORIC PRESERVATION BOARD REVIEW
ADVISORY TO THE CITY COMMISSION FOR CERTIFICATES OF
APPROPRIATENESS FOR DEMOLITION FOR PROPERTIES OWNED BY THE
MIAMI BEACH REDEVELOPMENT AGENCY; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed ordinance on
first reading.
ANALYSIS
As part of their ongoing review of the Land Development Regulations (LDRs), the City Attomeys
Office and the Planning Department have identified a number of sections of the LDRs that should
be amended to improve the effectiveness and efficiency of the development review and approval
processes in the City, and to address the impact of such regulations on its residents and
businesses. Therefore, the City Attorney and City Manager, pursuant to section 118-162(a), Miami
Beach City Code, sought and obtained from the City Commission on September 20, 2001 a
referral to the Planning Board for consideration of the following amendment to the Land
Development Regulations.
This proposed change to sections 118-102(3), and 118-563(i), which recognize and vest in the City
Commission the authority to issue certificates of appropriateness for demolition of buildings on
city-owned property, would add property owned by the Miami Beach Redevelopment Agency. In
such cases, the Historic Preservation Board's action would be advisory to the City Commission.
Commission Memorandum
February 20, 2002
Second Reading Public Hearing -HPB review of RDA demo permits
Page 2
Plannin,q Board Action
The Planning Board held a public hearing on December 4, 2001 and voted 5-0 (2 members
absent) to recommend to the City Commission approval of the proposed amendment.
City Commission Action
This proposed amendment was part of a more expansive ordinance that included other sections
of the City Code proposed for change. At its January 9, 2002 meeting, the City Commission did
not approve, on first reading, these two sections of that expansive ordinance, which were listed
as Sections 2 and 3 on the previous ordinance. The Commission requested that these two
sections be separated and that a new ordinance be submitted for a first reading public hearing.
At the January 30, 2002 meeting, the Commission voted (5-2) to approve the ordinance on first
reading.
Conclusion
The notice for the second reading public headng must be advertised in the newspaper at least five
days prior to the public hearing.
Based on the foregoing, the Administration recommends that the City Commission approve the
ordinance on second reading.
JMG/~GG/ML
F:~LAN~$PLB\CCMEMOS~2002~1545ccm4-2nd rdng.doc
T:~AG ENDA~002\FEB2002\REGU LAR\1545ccrn4-2nd rdng.doc
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
· Y iven that a public hearing will be held by the Mayor
NOTICE S HEREB' g - .- .'-~,., ~f Miami Beach Flor da, in the
and City Commission or [ne ,.~,.. v..-. ,,
tubers 3rd floor City Hall, 1700 Convention Center ur~ve,
Commission Cha . ' .- ~ ' .,-- ~:-~---~-, 20 2002 at 11:30 a.m.
to consider the following:
AN ORDINANCE AMENDING THE ~ND DEVELOPMENT
.REGU~TIONS OF THE cODE OF THE CI~ OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 118, ~ADMtNISTRATION AND
REVIEW PROCEDURES;' ARTICLE II, BOARDS, DIVISION 4, HISTORIC
~RESERVATIONS BOARD, sECTION 118-102(3), POWERS AND
DUTIES, AND CHAPTER 118 "ADM NISTRAT ON AND REVIEW
PROCEDURES;' ARTICLE X, "HISTOR C PRESERVAT ON;' OIV SiON 3
"ISSUANCE OF CERTIFICATE OF APPROPRiATENESS/CERTIFICATE
TO DiG/CERTiFICATE OF APPROPRIATENESS FOR DEMOLITION;
I, REVIEW PROCEDURE" TO MAKE HISTORIC
SECTION 1t8-563() ~ _ ....... ~w,~' RY TO THE CI~
PRESERVATION ~O~,~ ~DV~ROPRiATENESS FOR
COMMISSION Fu~ ~c~/1
PROPERTIES OWNED BY THE MIAMI BEACH
DEMOL T ON FOR ...... PROVIDING FOR REPEALER;
VELOPMENT
REDE ' N EFFECTIVE DATE.
CODIFICATION; SEVERABILI~; AND A -
Inquir es may be directed to the Planning Depa~ment at (305) 673-7550.
RTIES are invited to appear at this meeting, or be
ALL INTERESTED PA ...... *~ir views in writing addressed to
represented by. a~ age.~,.~[~.~l~r~ ~'~0 Convention Center Drive, 1st
the Cty Commission, ~ ~.~{.~. ~139 Conies of th s ordinance are
Froot, City Hall, Miami ~ea~u, r ~.t
' ecbon durmo norma business houm in the Ci~
I avallabl~r PU~t~,~ntion Cen~er Drve, 1st Floor, C,~ .~1~
I Clerk's umc.e, ~[T~ ~[~n may be continued and unuu
Beach, F orlda ~tpu...,o W~:.~..~,.,h .~ h~ n vided
~ Robe~ E. Pusher, Ci~ Cterk
Ci~ of Miami Beach -
Stat. ~e C[~ hereby a~ises the public ~at:
Pumuant to S~ion 286.0105,~1~i~n ~ade ~ the Ci~ Commi~ion w~th res~t.t~
pemon decides ~ ap~e~ ~n~?~.~s he~fing such pe~n must en~um ma~
[ ~ any maffer cons,~e[~ a~ ,ts ~,5~,~ made wh ch ~co~ includes
1 · ve~afim record of ~e p~u~ng~ =_ *o b~' based This notice does not ~nstitute
~ irrel~a~t evidence, nor does it authorize challenges or app a
~ ~/~ la[~ordence with ~e America~ with. Dis~bilit=~n°f :h~a m=~ ~
s~cia~ eccommo~tion to patriciate in this p g
r or to the preening, te ephone (305) 673-7411
Clerk's office no later t~an ~ur~ Ptele~hone ~e Florida Relay Se~ice numbem,
I I for assis~ce; ~f hearing ~mp~, ~VOICE forassis~ce
III (~0) 95~S771 (TDD} or (800) 955-8~0 ( }, .'