2004-3469 Ordinance
Sin/de Familv Ad Valorem Tax Exemotion
ORDINANCE NO. 2004-3469
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, "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE X, "HISTORIC
PRESERVATION," BY CREATING DIVISION 5, "SINGLE
FAMILY AD VALOREM TAX EXEMPTION",
ESTABLISHING REQUIREMENTS AND PROCEDURES FOR
CITY TAX ABATEMENTS FOR SINGLE FAMILY HOMES;
PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the citizens of Florida have amended the Florida Constitution, Article VII,
Section 3(e), to authorize counties and municipalities to allow certain tax exemptions for historic
properties;
WHEREAS, the Florida legislature has enacted Sections 196.1997 and 196.1998, Florida
Statutes, to govern the allowance of such exemptions;
WHEREAS, the City Commission has deemed it in the best interest and welfare ofthe City
to have incentives for the retention and preservation of architecturally and historically significant
single family homes in Miami Beach; and
WHERAS, the City Commission and the Historic Preservation Board have deemed it
necessary to establish a City Ad Valorem Tax Exemption process for architecturally and historically
significant single family homes in Miami Beach in order to promote their preservation and
protection; and
WHEREAS, the City of Miami Beach Historic Preservation and Planning Boards strongly
endorse the proposed amendments to the Historic Preservation Section of the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all ofthe 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, "Administration And Review Procedures," Article X, "Historic
Preservation," of the Land Development Regulations of the Code of the City of Miami Beach,
Florida is hereby amended as follows:
DIVISION 5. SINGLE FAMILY AD VALOREM TAX EXEMPTION
Sec. 118-600. Scope of tax exemptions.
A procedure is hereby created for the city commission to allow tax exemptions for the restoration,
renovation or rehabilitation of single family properties designated individually or as part of an
historic district. The exemption shall apply to one hundred (100) percent ofthe assessed value of all
improvements to the single family property. which result from restoration, renovation or
rehabilitation made on or after the effective date of this division. The exemption applies only to taxes
levied by the city. The exemption does not apply to taxes levied for the pavrnent of bonds or to taxes
authorized by a vote of the electors pursuant to the City Code or the Florida Constitution. The
exemption does not apply to personal property or to properties located within a community
redevelopment area.
Sec. 118-601. Duration of tax exemptions.
Any exemption granted under this section to a particular property shall remain in effect for ten (10)
years. The duration of ten (10) years shall continue regardless of any change in the authority of the
city to grant such exemptions or any changes in ownership of the property. In order to retain an
exemption, however. the historic and architectural character of the property. its designation status,
and improvements which qualified the property for an exemption. must be maintained over the
period for which the exemption is granted.
Sec. 118-602. Eligible properties and improvements.
(a) A single family property is qualified for an exemption under this section if:
(1) At the time the exemption is considered by the historic preservation board. the property is:
a. Individually listed in the National Register of Historic Places pursuant to the National
Historic Preservation Act of 1966, as amended;
b. A contributing property within a National Register Historic District or locally designated
historic district; or
c. Locally designated as an individual historic structure or an historic site.
(2) The historic preservation board has certified to the city commission that the property for
which an exemption is requested satisfies subsection (a)(1 ).
(b) In order for an improvement to an historic property to qualify for an exemption, the
improvement must be determined by the historic preservation board to be:
(1) Consistent with the United States Secretary ofthe Interior's Standards for Rehabilitation; and
(2) Consistent with the Certificate of Appropriateness Criteria in Section 118-564 of the City
Code.
Sec. 118-603. Preapplication Requirements.
A preapplication meeting with the planning director. or designee. shall be required before a proiect is
initiated in order to determine whether the proposed proiect satisfies the minimum criteria for ad
valorem tax exemption.
2
.'
Sec. 118-604. Applications.
Any person. firm or corporation that desires ad valorem tax exemption from the improvement of an
eligible single family property must. prior to any construction or demolition. file with the planning
department a written application on a form approved by the department. The application shall
include the following: documents and information:
(a) The name ofthe property owner and the location of the single family property.
(b) A description of the improvements to real property for which an exemvtion is requested and
the date of commencement of construction of such improvements.
(c) Proof that the property to be rehabilitated or renovated is an eligible historic property under
this Division.
(d) Drawings and other pertinent exhibits that clearly delineate the scope of work to be
performed; the proposed improvements to the property shall be consistent with the Secretary ofthe
Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in section 118-
564 of the City Code.
( e) Other information identified in the filing instructions vrovided by the Planning Department.
(1) Notwithstanding the foregoing. the owner of any individually designated historic property
where construction or demolition has commenced (but not completed) prior to the effective date
of this ordinance may file an application for an ad valorem tax exemption under this section.
Sec. 118-605. Review by the historic preservation board.
The historic preservation board. or its successor. is designated to review all applications for
exemptions. The historic vreservation board shall recommend that the city commission grant or deny
the proposed exemption. The recommendation. and the reasons therefore. shall be provided to the
applicant and to the city commission before consideration of the application at an official meeting.
Sec. 118-606. Approval by the city commission.
A maiority vote of the city commission shall be required to approve an application for exemption.
Such exemption shall take effect on the January 1 following substantial completion of the
improvement. The city commission shall include the following in the resolution or ordinance
approving the application for exemption:
( a) The name of the owner and the address of the single family property for which the exemption
is granted.
(b) The period of time for which the exemption will remain in effect and the expiration date of
the exemption.
(c) A finding that the single family property meets the requirements of this Division.
(d) References to drawings and exhibits delineating the work to be performed.
Sec. 118-607. Required covenant.
To qualify for an exemption. the property owner shall enter into a covenant or agreement with the
city for the term for which the exemption is granted. The covenant or agreement shall be form
apvroved by the City Attorney and shall require that the character ofthe property. and the qualifying
improvements to the property. be maintained during the period that the exemption is granted. Before
3
the effective date ofthe exemption. the owner ofthe property shall have the covenant recorded in the
official records of Miami-Dade County. Florida. The covenant or agreement shall be binding on the
current property owner. transferees. and their heirs. successors. or assigns. Violation ofthe covenant
or agreement shall result in the property owner being subiect to the payment of the differences
between the total amount oftaxes which would have been due in March in each ofthe previous years
in which the covenant or agreement was in effect had the property not received the exemption and
the total amount of taxes actually paid in those years. plus interest on the difference calculated as
provided in F.S. & 212.12(3).
Sec. 118-608. Amendments.
All amendments to the approved application and permit plans must be reviewed and approved prior
to the completion of the proiect. Minor amendments to permit plans may be approved by the
planning director. or designees. provided such amendments are consistent with the Certificate of
Appropriateness Criteria in section 118-564 ofthe City Code. Maior amendments to the approved
plans must be reviewed and approved by the historic preservation board.
Sec. 118-609. Completion of work.
(a) An applicant must complete all work within two years following the date of approval by the
city commission. An application for ad valorem tax exemption shall be automatically revoked ifthe
property owner has not submitted a final request for review of completed work within two years
following the date of approval by the city commission.
(b) The historic preservation board may extend the time for completion of a substantial
improvement for a period not to exceed two (2) years. or such lesser time as may be prescribed by
the board.
(c) A request for review of completed work shall be submitted to the planning department. The
planning director. or designee. shall conduct a review to determine whether or not the completed
improvements are in compliance with the work approved by the city commission. including
approved amendments. if any.
(d) Ifthe planning director. or designee. determines that the work is in compliance with the plans
approved pursuant to city commission approval ofthe tax exemption. the final request for review of
completed work shall be approved and issued in writing to the applicant. The city reserves the right
to inspect the completed work to verify such compliance.
(e) If the planning director. or designee determines that the work as completed is not in
compliance with the plans approved pursuant to city commission approval of the tax exemption. the
applicant shall be advised that the final request for review of completed work has been denied. Such
denial shall be in writing and provide a written summary of the reasons for the determination.
including recommendations to the applicant concerning the changes to the proposed work necessary
to bring it into compliance with the approved plans. The applicant may file an appeal ofthe decision
ofthe planning director. or designee. within 15 days of such decision. The appeal shall be in writing
and shall be to the historic preservation board and shall set forth the factual and legal bases for the
appeal.
Sec. 118-610. Notice of approval to the property appraiser.
Upon the receipt of a certified copy of the recorded restrictive covenant. the planning director. or
4
designee. shall transmit a COPy of the approved request for review of completed work. the exemption
covenant and the ordinance or resolution ofthe city commission approving the final application and
authorizing the tax exemption to the county property appraiser.
Sec. 118-611. Revocation proceedings.
(a) The planning director. or designee. or historic preservation board may initiate proceedings to
revoke the ad valorem tax exemption provided in this article. in the event the applicant. or
subsequent owner or successors in interest to the property. fails to maintain the property according to
the terms. conditions and standards of the historic preservation tax exemption covenant. Such
proceedings shall be held before the historic preservation board.
(b) The planning director. or designee. shall provide notice by mail to the current owner of record
of the property at least 15 days in advance of the revocation hearing. In order to maintain the tax
exemption. the property owner shall complete the restoration or reconstruction work necessary to
return the property to the condition existing at the time of proiect completion on a time schedule
agreed upon by the property owner and the historic preservation board. In the event the property
owner does not complete the restoration work to the property within the agreed upon time schedule.
the historic preservation board shall make a recommendation to the city commission as to whether
the tax exemption shall be revoked.
( c) The city commission shall review the recommendation ofthe historic preservation board and
make a determination as to whether the tax exemption shall be revoked. Should the city commission
determine that the tax exemption shall be revoked. a written resolution revoking the exemption and
notice of penalties as provided in this Division shall be provided to the owner. the county property
appraiser and filed in the official records of the county.
(d) Upon receipt ofthe resolution revoking the tax exemption. the county property appraiser shall
discontinue the tax exemption on the property as of January 1 of the year following receipt of the
notice of revocation.
( e) Ifthe single family property is damaged by accidental or natural causes during the covenant
period of the tax exemption. the property owner shall inform the planning director. or designee. in
writing within 60 days of the nature and extent of damage to the property. In order to maintain the
tax exemption. the property owner shall complete the restoration or reconstruction work necessary to
return the property to the condition existing at the time of proiect completion on a time schedule
agreed upon by the property owner and the planning director or designee.
(f) If the single family property has been destroyed or severely damaged by accidental or natural
causes during the covenant period of the tax exemption whereby restoration is not feasible. the
property owner shall notify the planning director. or designee. in writing within 60 days ofthe loss.
The planning director. or designee. shall initiate proceedings to revoke the ad valorem tax exemption
provided in this article. In such cases. no penalty or interest shall be assessed against the property
owner.
Sec. 118-612. Notice of penalties.
The resolution revoking the tax exemption shall include a statement that a penalty equal to the total
amount of taxes that would have been due in March of each of the previous years in which the tax
exemption and covenant were in effect had the property not received the exemption. less the amount
of taxes actually paid in those years. plus interest on the difference calculated as provided in F.S. ~
5
212.12 shall be imposed by the county tax collector for violation of the terms. conditions and
standards of the historic preservation exemption covenant.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission ofthe City of Miami Beach, and it is
hereby ordained that the provisions ofthis ordinance shall become and be made part ofthe Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
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 followi
PASSED AND ADOPTED this ~ day of
,2004.
ATTES~~ PlU~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
!lJJJAOlJ#h~ J~~-()'1
/~ Date
ill-
Verified by:
Underscore
12/10/2004
T:\AGENDA\2004\Dec0804\Regular\Tax Abatement 2004 - FINAL ORD.doc
6
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
City Tax Abatement Process for Single Family Homes Designated Individually or as part of an Historic
District.
Issue:
Amendment to the Historic Preservation Section of the City Code, establishing a City Ad Valorem Tax
Exemption Program for eligible single family homes.
Item Summary/Recommendation:
The administration recommends that the Ordinance be approved on Second Reading.
Advisorv Board Recommendation:
The Planning Board transmitted the proposed Ordinance, with a favorable recommendation, to the City
Commission on August 24,2004. The Historic Preservation Board has evaluated the Ordinance and has
recommended approval. The Land Use and Development Committee and Finance Committee reviewed the
proposed Ordinance on November 8, 2004 and recommended approval.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Thomas Mooney
Si n-Offs:
Department Director
Assistant City Manager
City Manager
T:\AGENDA\2004\Dec0804\Regular\Tax Abatement 2004 - SUMMARY.doc
AGENDA ITEM R S E-
DATE J2.-i-OCf
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members Of The City Commission
Date: December 8, 2004
From:
Jorge M. Gonzalez \~.
City Manager OiJ U
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, "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION,"
BY CREATING DIVISION 5, "SINGLE FAMILY TAX ABATEMENT",
ESTABLISHING REQUIREMENTS AND PROCEDURES FOR CITY TAX
EXEMPTIONS FOR SINGLE FAMILY HOMES; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
SECOND READING
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the proposed Ordinance on second reading.
OVERVIEW
Under separate Ordinance, substantial revisions to the Single Family Residential Review
Board (SFRRB) section of the City Code are being proposed, in order to provide more
incentives for the voluntary retention and preservation of architecturally significant single
family homes in the City. In addition to these planning incentives, a City Tax Abatement
program is also being proposed, as part of an overall strategy to provide tangible
alternatives to the demolition of architecturally significant single family homes.
It is anticipated that the creation of a City Tax Abatement program will help further the
delicate balance of protecting the City's established single family architecture and
neighborhood context with allowing for the expansion and alteration of single family
homes. The Tax Abatement Ordinance is designed to compliment the proposed revisions
to the existing Ordinance pertaining to the demolition of single family homes located
outside of historic districts.
The collective approach to architecturally significant single family homes is the result of
three (3) separate public workshops held earlier this year in North Beach, Mid-Beach and
South Beach. By allowing for a Tax Abatement over a fixed period of time, homeowners
will be able to not only save money, but will be better able to subsidize the costs of the
restoration and renovation work, due to the potential property tax savings.
This incentive based approach is already in place at the County level, so single family
December 8, 2004
Commission Memorandum
City Tax Abatement Ordinance
Page 2 of 2
home owners on Miami Beach with eligible properties can take advantage of potentially
substantial savings on the County portion of their property taxes. The City of Coral
Gables and the City of West Palm Beach both have local Tax Abatement programs in
place, which have been instrumental in the retention and preservation of significant,
architecturally significant single family building stock.
ANALYSIS
As part of an overall incentive package to encourage and promote the preservation of
architecturally significant single family homes, the creation of a City Tax Abatement
program for single family homes is being proposed as a separate Ordinance. Staff is
confident that with the proposed planning incentives and a City Tax Abatement program
in place, single family property owners would consider having eligible homes designated
as historic structures under the recently streamlined designation process for single family
homes. Designation as an historic structure also allows single family homes with a
finished floor below minimum flood elevation to seek a waiver from FEMA requirements
from the Flood Plain Management Board.
The proposed Tax Abatement program would establish a framework for single family
home owners to be able to abate any increase in property taxes that result from the
restoration and renovation of an eligible single family home, for a fixed period often (10)
years. The following is a more detailed summary of the proposed Ordinance:
1. The proposed tax exemptions would apply to the restoration, renovation or
rehabilitation of single family homes designated individually, or as part of an historic
district and the exemption would apply to one hundred (100) percent of the
assessed value of all improvements to the single family home, which result from
restoration, renovation or rehabilitation, and shall remain in effect for ten (10) years.
For example, if a home with an assessed value of $500,000 in 2004 has $100,000
worth of historic restoration work done, that qualifies for an abatement, the
breakdown would be as follows:
2004 Property Tax Value - $500,000 x .008173 = $4,086.50
Value of Eligible Improvements - $100,000x.008173 = $817.30 (abated annuallyfor10years)
2004 Total Taxable Value - $600,000.00
2004 Total Taxes - $4,086.50
Assuming a 3% increase per year in assessed value over a ten year period, with the
same millage rate, the following represents the total cost in 5 year increments:
2009 Property Tax Value - $575,000 x .008173 = $4,699.48
Value of Eligible Improvements - $100,000 x .008173 = $817.30 (abated annuallyfor10years)
2009 Total Taxable Value - $675,000.00
2009 Total Taxes - $4,699.48*
2014 Property Tax Value-
$661,250 x .008173 = $5,404.40
December 8, 2004
Commission Memorandum
City Tax Abatement Ordinance
Page 3 of 3
Value of Eligible Improvements - $100,000 x .008173 = $817.30 (abated annuallyfor10years)
2014 Total Taxable Value - $761,250.00
2014 Total Taxes - $5,404.40*
* This example assumes no change in millage rate.
Although the property owner saved a total of $8,173.00 over 10 years, the net tax
loss to the City was negligible, as the assessed value of the property continued to
increase, resulting in an increase in revenue.
2. Application requirements including required forms, drawings and exhibits, have
been specified.
3. The improvements to the eligible single family home shall be approved by the
Historic Preservation Board, prior to work commencing, and such improvements
must be consistent with the United States Secretary of the Interior's Standards for
Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of
the City Code.
4. The Historic Preservation Board shall make a recommendation to the City
Commission to grant or deny an application for tax exemption. The City Commission
shall either approve or deny an application for exemption.
5. A covenant or agreement with the City Commission for the term for which the
exemption is granted shall be required, and shall be entered into with the property
owner, prior to any tax exemption.
6. All approved and required work pursuant to the tax exemption shall be completed
within two years following the date of approval by the City Commission; the tax
exemption shall not begin and shall be automatically revoked if the property owner
does not complete the required work within two years following the date of approval
by the City Commission. The Historic Preservation Board may extend the time for
completion of the required work for a period not to exceed two (2) years.
7. The Historic Preservation Board may initiate proceedings to revoke the tax
exemption, in the event the applicant, or subsequent owner or successors in interest
to the property, fails to maintain the property according to the terms, conditions and
standards of the historic preservation exemption covenant. The City Commission
shall review the recommendation of the Historic Preservation Board and make a
determination as to whether the tax exemption shall be revoked.
FISCAL IMPACT
The Administration has concluded that the subject Ordinance will provide a tangible
incentive for the preservation of architecturally significant single family homes. While
anticipating the economic impact of the proposed Ordinance on the City's budget is
difficult, due to the fact that we do not know how many property owners will take advantage
December 8, 2004
Commission Memorandum
City Tax Abatement Ordinance
Page 4 of 4
of the proposed ordinance, we can estimate a potential impact, based upon data available
from the City of Coral Gables, which has a similar ordinance in place.
The City of Coral Gables has a total of approximately 10,750 single family homes, roughly
500 (less than 5%) of which are currently eligible for historic tax exemption. The City of
Miami Beach has approximately 5,200 single family homes, roughly 125 (less than 3%) of
which are currently eligible for historic tax exemption. Given that only a modest percentage
of the City's overall revenue is derived from single family homes, it would take quite a few
voluntary single family home designations and subsequent tax exemption applications to
have any significant impact.
In terms ofthe likelihood of single family home owners availing themselves ofthis program,
another comparison can be made to the City of Coral Gables. Since 1993, only 63 historic
tax exemptions have been approved, 40 of which have been completed, 20 of which are
still pending, and 3 of which have been withdrawn. Of the 40 completed applications, only
28 are still on the active tax roll, 27 of which are single family properties and one is a
condominium building with five units. (One ofthe 40 completed applications was repealed
at the request of the current property owner and is no longer on the tax roll.) The 27 active
historic exemptions for single family homes represent only 5.4% of currently eligible
properties and 0.25% of all single family homes in the City of Coral Gables.
The impact on the overall revenue stream of Coral Gables is also insignificant. For the
2004 tax year, the total value abated for all 27 single family properties was $5,504,102.00;
when multiplied by the City of Coral Gables' millage rate of 5.99 per 1,000 or .00599, the
total lost revenue for the City was $32,969.57. Using this as a basis, it is reasonable to
assume that because the City of Miami Beach has less than }'2 the total number of single
family homes as Coral Gables, the total lost revenue for Miami Beach should not be more,
and likely considerably less, than the total yearly lost revenue for the City of Coral Gables.
It is also important to note that the same tax abatement program proposed herein has been
available for the county portion of individual property taxes, but only two (2) home owners
have taken advantage of that in the City of Miami Beach. Staff believes that home owners
will be more likely to apply for ad valorem tax exemption for the rehabilitation of their
historic homes if they can receive a financial benefit from both the City of Miami Beach and
Miami-Dade County. For example, if the assessed value of improvements to the historic
residence is $100,000, the property owner will save per year $817.30 from Miami Beach's
portion of property taxes (8.173 millage rate) and $596.90 from Miami-Dade County's
portion of property taxes (5.969 millage rate).
The administration will report back to the City Commission within a year of adoption of this
Ordinance, and present a summary of any homes that have applied for tax exemption and
the overall impact on the City's revenue stream. It is anticipated that after a year or so of
being operational, the City Commission will have a better grasp on the overall fiscal impact
of this program.
On October 13, 2004, the City Commission approved the subject Ordinance on First
Reading and referred the matter to the Land Use and Development Committee and
December 8, 2004
Commission Memorandum
City Tax Abatement Ordinance
Page 5 of 5
Finance Committee for further discussion on specific areas of concern raised by the
Commission. On November 8, 2004, a Joint Meeting of the Land Use and Development
Committee and Finance Committee was held; at this meeting, the Joint Committee
endorsed the proposed Ordinance, with no changes.
However, both Committees had a question with regard to the determination of which type
of improvements would qualify for the historic ad valorem tax exemption for eligible single
family homes (e.g. new construction, detached or attached additions, mechanical or
electrical upgrades, landscaping, swimming pools, accessory structures, etc.). The
administration was directed to seek confirmation from the Miami-Dade County Property
Appraiser's Office as to which improvements would typically qualify for the historic
tax exemption.
The County was uncomfortable with providing a statement in writing; however, it was
verbally explained that they generally follow the definition for "improvements" in Chapter
1A-38, entitled Tax Exemptions for Historic Properties," in the Florida State Statutes. To
wit, "'I mprovements' means changes in the condition of real property brought about by the
expenditure of labor or money for the restoration, renovation or rehabilitation of such
property. Improvements shall include additions and accessory structures (Le. a garage,
cabana, guest cottage, storage/utility structure) so long as the new construction is
compatible with the historic character of the building and site in terms of size, scale,
massing, design and materials, and preserves the historic relationship between a building
or buildings, landscape features, and open space."
The County verbally explained that typical qualifying improvements include anything that
results in the rehabilitation of an historic structure, such as mechanical and electrical
upgrades, window and roof replacement, and attached additions. Improvements that
would not qualify for the historic tax exemption for eligible properties include detached
additions, new accessory structures, landscaping, swimming pools, and other site
improvements. It was further explained that an exception would be for improvements to
historically significant site features, such as an historic swimming pool or accessory
structure.
The Planning Board considered and transmitted the proposed Ordinance to the City
Commission with a favorable recommendation on August 24, 2004. The Historic
Preservation Board reviewed the proposed Ordinances on September 14, 2004 and
recommended approval of the proposed Ordinance.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment on second reading.
Pursuant to Section 118-164(4) ofthe City Code, an affirmative vote offive-sevenths shall
be necessary in order to enact any amendments to the Land Development Regulations.
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T:\AGENDA\2004\DEC0804\REGULAR\TAX ABATEMENT 2004 - MEMO. DOC
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~ 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,
~ Florid? on Wednesday, December 8, 2004, at the times listed below to. consider the following:
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
.
~ .
wi
> at 10:15 a.m.:
~ AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE ENTITLED "ADMINISTRATION;" BY AMENDINGARTICI.E
>- III ENTITLED "AGENCIES, BOARDS AND COMMITTEES;" BY AMENDING DIVISION 15 ENTITLED "FLORIDA SISTER .
C3 CITIES PROGRAM" TO CORRECT THE NAME TO READ THE "MIAMI BEACH SISTER CITIES PROGRAM"
Z THROUGHOUT DIVISION 15; AND BY AMENDING SECTION 2-181 (D), ENTITLED "COMPOSITION," BY AMENDING
~ THE MEMBERSHIP OF THE SISTER CITIES' COORDINATING COUNCIL AND THE PROVISIONS REGARDING TERM OF
~ SERVICE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
-l
<(
0::
LU
I
LU at 10:17 a.m.:
~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130 "OFF-
- STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY PERMITTING TEMPORARY PARKING LOTS IN THE MXE,
8 "MIXED USE ENTERTAINMENT" ZONING DlSTRIq THAT FACE COLLINS AVENUE, AN ADDITIONAL TIME PERIOD OF
-d 5 YEARS; CLARIFYING SIGN REGULATIONS FOR TEMPORARY LOTS AND MODIFYING THE LANDSCAPE STANDARDS;
to PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE
~
~
3i
~
~
Inquiries may be directed to the Legal Department at (305)673-7470.
at 5:05 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF .THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS:" ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY REVISING PROCEDURES FOR THE REVIEW' AND .
APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES CONSTRUCTED PRIOR TO 1942 AND NOT
LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABIlITY
AND AN EFFECTIVE DAT~.
5:06 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC
PRESERVATION," BY CREATING DIVISION 5. "SINGLE FAMILY AD VALOREM TAX ABATEMENT, ESTABLISHING
REQUIREMENTS AND PROCEDURES FOR CITY TAX EXEMPTIONS FOR SINGLE FAMILY HOMES; "PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305)673-7550.
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 Roor,
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. '.
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding,
please contact (3P5) pq4i2~a9 (YO!c~), ~q5b 67~-7218{TTY) five d~y~ ,in. .aC~9q! ~o. iQitja,te, Y9~r rrequest. m
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