C4J-Ref- LUDC - Special Public Workshop On Architecturally Significant Homes -BMIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Morales, City Manager
From: Matti Herrera Bower, Mayor
Date: August 26, 2013
Re: Referral to Land Use and Development Committee
In May of this year, the Historic Preservation Board resolved to urge the City Commission to
consider adopting regulations similar to the City of Coral Gables in regards to the review of total
demolition requests of any structure 50 years old or older.
I wish to refer the Coral Gables Ordinance (attached) to the next Land Use and Development
Committee Meeting and make it a part of the upcoming Special Public Workshop on
Architecturally Significant Homes.
Should you have any questions, please contact Gabrielle Redfern at extension 6157.
Thank you.
MHB/ fgr
178
Agenda Item C C{ 7
Date f-11-13
(9 MIAMI BEACH
City of Mie~mi Bee~ch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamlbeachn.gov
OFFICE OF THE CITY MANAGER
LTC NO. 185-2013 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and
Members of the City Commission
DATE: May 28, 2013
SUBJECT: City of Coral Gables Demolition Or inance
Attached, please find a copy of a resolution adopted by the Historic Preservation Board
at their May 14, 2013 meeting. The Board is urging the Mayor and City Commission of
the City of Miami Beach to consider adopting a demolition ordinance for single family
residences, as similar as possible to the City of Coral Gables Ordinance, which requires
review of total demolition requests for any structure 50 years of age or older, by the
City's Historic Preservation Officer, in order to determine if the structure should be
brought to the Historic Preservation Board for Historic Designation consideration.
Please advise if you would like this matter scheduled for an upcoming Land Use and
Development Committee meeting.
Attac~nt (1)
JLM:V4:!Ji::G'L:w~
F:IPLANI$ALL\GEN_CORR~NTEROFF\LTC-CORAL GABLS DEMO OROIANCE.DOCX
C: Jorge G. Gomez, Assistant City Manager
Rafael E. Granado, City Clerk
Richard Lorber, Acting Planning Director
Gary Held, First Assistant City Attorney
179
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CITY OF MIAMI BEACH
HISTORIC PRESERVATION BOARD
RESOLUTION
WHEREAS, the City of Miami Beach Historic Preservation Board is charged by
Ordinance as 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
WHEREAS, the Historic Preservation Board strongly supports the efforts of the City
to promote and enhance its unique social and architectural history and to improve the
appearance of new construction; and
WHEREAS, the City of Miami Beach (City) places a strong emphasis on the
retention and preservation of existing, architecturally significant single family homes; and
WHEREAS, the City of Miami Beach Historic Preservation Board deems it
appropriate to protect the significant architectural history, existing building scale, and
unique character of the single family residential neighborhoods in Miami Beach; and
WHEREAS, the City of Miami Beach Historic Preservation Board as well as many
local residents have noted with alarm the increasing rate of total demolition of significant
homes for replacement with much larger new homes.
THEREFORE, it is hereby resolved that the Historic Preservation Board urges the Mayor
and City Commission to consider adopting a demolition ordinance for single family
residences, as similar as possible to the City of Coral Gables Ordinance, which requires
review of total demolftion requests for any structure 50 years of age or older, by the City's
Historic Preservation Officer, in order to determine if the structure should be brought to the
Historic Preservation Board for Historic Designation consideration.
PASSED AND ADOPTED THIS 14th DAY OF May, 2013.
William H. Cary
Assistant Director of Planni g
For the Historic Preservation Board
F:IPLAN\$HPBIRESOS\2013 Resos\RES-Coral Gables demo ord_sf.docx
180
ARTICLE 3 -DEVELOPMENT REVIEW
Section 3·1107. Demolition.
A. No permit for demolition of a designated building, structure, improvement or site shall be issued to the
owner thereof until an application for a Special Certificate of Appropriateness has been submitted and
approved pursuant to the procedures in this Article. Denial of such application indefinitely and refusal
by the Board to grant a Special Certificate of Appropriateness to demolish shall be evidenced by
written order detailing the public interest which is sought to be served. The Historic Preservation
Board shall be guided by the criteria contained in subsection (D) below.
B. The Board may grant a Special Certificate of Appropriateness to demolish with a deferred effective date.
The effective date shall be determined by the Board based upon the sign~nce of the structure and the
probable time required to arrange a possible alternative to demolition. Duling the demolition deferral period,
the Board may take such steps as it deems necessary to preserve the structure concemed, in accordance
with the purposes of this division. Such steps may inc!ude, but shall not be limited to, consultation with civic
groups, public agencies and interested citizens, recommendations for acquisition of property by public or
private bodies or agencies, and exploration of the possibility of moving one (1) or more structures or other
features. After the specffied expiration of the deferred Special Certificate of Appropriateness, a demolition
permit shall be issued if requested forth\Nith by the appropriate administrative officials.
C. As a condition of granting any Certificate of Appropriateness, standard or special, for demolition of
buildings or improvements designated as historic landmarks or located in an historic landmark district,
the Board may require at the owner's expense, salvage and preservation of specified classes of
building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of
other historic properties. The Board may also require, at the owner's expense, the recording of the
improvement for archival purposes prior to demolition. The recording may include, but shall not be
limited to, photographs and scaled architectural drawings.
D. In addition to all other provisions of this Division, the Board shall consider the following criteria in
evaluating applications for a Special Certificate of Appropriateness for demolition of designated properties:
1. The degree to which the building, structure, improvement or site contributes to the historic and/or
architectural significance of the historic site or district;
2. Whether the building, structure, improvement or site is one of the last remaining examples of its
kind in the neighborhood, the county or the region;
3. Whether the loss of the building, structure, improvement or site would adversely affect the historic
and/or architectural integrity of the historic site or district;
4. Whether the retention of the building, structure, improvement or site would promote 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;
5. Whether architectural plans have been presented to the Board for the reuse of the property if the
proposed demolition were to be carried out, and the appropriateness of said plans to the
character of the historic site or district. if applicable; and demonstration as well as the posting of a
bond requirement that there are sufficient funds in place to carry out such plans;
6. Whether the building, structure, improvement or site poses an imminent threat to the public health
or safety;
7. Whether the applicant has demonstrated that retention of the building, structure, improvement or site
would create an unreasonable or undue economtc hardship as described in Section 3-1115; and
8. Whether there is a compelling public interest requiring the demolition.
Article 3 -Development Review
3--62
181
ARTICLE 3-DEVELOPMENT REVIEW
E. As a condition of granting a Certificate of Appropriateness for demolition, the Historic Preservation
Board may require that no building permit be issued for the demolition of said structure until a building
permit for the construction of a new building has been issued.
F. The owner of the property shall permit access to the subject property for the purpose of inspections
and/or appraisals required by the Historic Preservation Board or Historic Preservation Officer.
G. No permit for demolition of a non~esignated building shall be issued to the owner thereof without prior
notification by the Building Official to the Historical Resources Department. All demolition permits for nan-
designated buildings must be approved and signed by the Director of the Historical Resources Department.
Such signature is valid for six (6) months and shall thereafter expire and the approval deemed void unless
the demolition permit has been issued by the Building and Zoning Department. The Historical Resources
Department may require review by the Historic Preservation Board if the building to be demolished is
considered eligible for designation as a local historic landmark or as a contributing building or property within
an existing local historic landmark district. The public hearing shall be held at the next regularly scheduled
meeting tf the provided statutory notice is complied with at which time the provisions of this Div!sion shall
apply. The determination of historic significance and eligibility for designation as a local historic landmark by
the Historic Preservation Board is a non-final and non-appealable decision.
H. The damage, destructiorl, or demolition of any building, structure, improvement or site or portion
thereof protected by this Division (a) for which a certificate of appropriateness for demolition has not
been granted, or (b) which was carried out in violation of the provisions for demolition and demolition
by neglect under the provisions of this Secttan, shall cause the City to reject an application for a
building permit until the following criteria have been met:·
1. A pre-application shall be submitted to the Historical Resources Department containing the
following information:
a. A detailed sworn explanation outlining the facts surrounding the unlawful damage,
destruction, or demolition.
b. Evidence that any and all code enforcement fines have been paid.
c. Evidence that all violations on the property have been corrected or a stipulation outlining the
agreed upon steps to correct all outstanding violations.
2. Review and approval of the Historical Resources Department checklist by the following
departments so that the applications for issuance of a building permit may proceed.
a. Building and Zoning.
b. Planning_
c. Public Works.
d. Public Service.
e. Historic Resources.
f. City Manager.
g. City Attorney.
3. All approvals issued within the parameters of this section shall not be construed to be a
development order and shall not be evidence of approval by any of the City's departments of the
building permit.
Article 3-Development Review
3-63
182
ARTICLE 3 -DEVELOPMENT REVIEW
I. The ad valorem tax exemption provided for under Sections 3-1118-1120 does not apply to buildings,
structures, improvements or sites that have been demolished in violation of this Section.
Section 3-1108. Demolition by neglect.
A. Demolition by neglect is any failure to comply with the minimum required maintenance standards of
this Section, whether deliberate or inadvertent.
B. The owner of any building, structure, landscape feature, improvement, site or portion thereof which
has been historically designated pursuant to the Historic Preservation provisions of this Division shall
be required to properly maintain and preserve such building or structure in accordance with the
standards set forth in the applicable sections of the Florida Building Code, and this Division.
1. It is the intent of this Section to preserve from deliberate or inadvertent neglect, the interior, exterior,
structural stability and historic and architectural integrity of any historically designated building,
structure, landscape feature, improvement, site or portion thereof. All such properties, building and
structures shall be maintained in accordance to minimum maintenance standards, preserved
against decay, deterioration and demolition and shall be free from structural defects through prompt
and corrective action to any physical defect which jeopardizes the building's historic, architectural
and structural integrity; such defects shall include, but not be limited to, the following:
a. Deteriorated and decayed facades or fa~ade elements, including but not limited to, facades
which may structurally fail and collapse entirely or partially;
b. Deteriorated or inadequate foundations;
c. Defective or deteriorated flooring or floor supports or any structural members of insufficient
size or strength to carry imposed loads with safety;
d. Deteriorated walls or other vertical structural supports, or members of walls, partitions or
other vertical supports that split, lean, list or buckle due to defective material or deterioration;
e. Structural members of ceilings, roofs, ceiling and roof supports or other horizontal members
which sag, split or buckle due to defective material or deterioration;
f Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors,
including broken or missing windows or doors;
g. Defective or insufficient weather protection which jeopardizes the integrity of exterior or
interior walls, roofs or foundations, including lack of paint or weathering due to lack of paint or
other protective covering;
h. Any structure which is not properly secured and is accessible to the general public;
i. Any fault or defect in the property that renders it structurally unsafe or not properly \ll/8tertight;_and
j. Tho spalling of the concrete of any portion of the interior or exterior of the building.
2. A City code enforcement official who finds a violation of this Section shaD issue a written warning to the
violator to immediately COITect the violation. If any building, structure, landscape feature, improvement,
site, or portion thereof which has been historically designated pursuant to the Historic Preservation
provisions, in the opinion of the Historic Preservation Board, or the Historic Preservation Officer in this
Division, or the City's Building Official, falls into a state of disrepair so as to potentially jeopardize its
structural stability and/or architectural integrity, and/or the safety of the public and surrounding structures,
the Historic Preservation Officer or the City's Building Official shall have right of entry onto the subject
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