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2007-3550 Ordinance INTERIM PROCEDURES - REVISIONS ORDINANCE NO. 2007-3550 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION", DIVISION 4, "DESIGNATION," SECTION 118-591, BY CLARIFYING THE REQUIREMENTS AND PROCEDURES FOR DESIGNATION OF HISTORIC STRUCTURES AND DISTRICTS AND THE ISSUANCE OF DEMOLITION PERMITS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (City) places a strong emphasis on the protection and retention of all architecturally and historically significant structures in the City; and WHEREAS, the City Commission has deemed it in the best interest and welfare of the City to have procedures for the review of non-designated structures that may be proposed for demolition, as well as procedures for the designation of historically and architecturally significant structures as individual historic structures; and WHEREAS, the City Commission has deemed it in the best interest and welfare of the City to adopt procedures to preserve and protect the unique architectural history of Miami Beach; and WHERAS, the City Commission and the Historic Preservation Board have deemed it necessary to clarify the procedures and requirements for the demolition of non-designated structures 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 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, "Administration And Review Procedures," Article X, "Historic Preservation," Division 4, "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 department's recommendation, a majority vote of the board shall be necessary to direct the department to prepare a designation report. The city commission shall be notified of the board's decision and the initial boundaries proposed for designation. Within 60 days of the vote of the historic preservation board to direct the planning department to prepare a designation report, the city commission may, by a five-sevenths vote, deny or modify the proposed request for designation. (c) Requests for demolition permits. MEollowing a vote of the historic preservation board, after a public hearing noticed according to the requirements of section 118-164, to (i) 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, or (ii) to extend the interim procedures imposed under subsection (d) below, aM 3 permit is sought no permit for demolition affecting the subject structure, or any property within the proposed designation site or district, that permit shall flet 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. Such request for an accelerated certificate of appropriateness shall also include a request for the approval of any new construction. The planning department shall 2 place an application for an accelerated approval of a certificate of appropriateness upon the next available agenda of the historic preservation board. Any application pendinq before the desiqn review board that includes any demolition of a contributinq structure within a proposed historic district or site may not proceed until such time as an accelerated certificate of appropriateness is approved by the historic preservation board. The applicant or the planning department shall have up to one 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-year period, the applicant or the planning department may request approval from the historic preservation board for additional periods of six months or less within which to complete the report. (d) Interim procedures for demolition permits. The persons or entities listed in (a)(1) above, may request the board to instruct the planning department to prepare a designation report and implement interim procedures for demolition permits. The planning director, or designee, may prepare and submit to the historic preservation board an evaluation and recommendation for designation at a meeting noticed in a newspaper of general circulation at least five business days in advance of the hearing. The property owner shall be notified in writing, by regular mail sent to the address of the owner on the Miami-Dade County Property Appraiser's tax records, and postmarked at least five business days in advance of the hearing. The city commission shall also then be notified. If the historic preservation board finds that the evaluation and recommendation presents a prima facie case that the property meets the criteria of the land development regulations for designation, it shall instruct the planning department to prepare a designation report, in which case the procedures for the issuance of a demolition permit set forth in subsection (c) above, shall be applicable for 60 days from the date of such vote. Within 60 days of the vote by the historic preservation board to instruct the planning department to prepare a designation report the city commission may, by a five-sevenths vote, deny or modify the proposed request for designation. The interim procedures shall continue to apply after the 60 days expires only by a vote of the historic preservation board to proceed with the designation process at a public hearing with notice as provided in subsection (c) above, or by agreement in writing of the property owner. Application and fees, if applicable, shall be filed within ten days of the board's vote at the initial public hearing, but shall not delay commencement of the interim procedures. The interim procedures herein shall not be applicable to the individual designation of single-family homes located in single-family zoning districts. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this 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 3 ;)oo7-3Sro 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 following adoption. PASSED AND ADOPTED this 14th day of March ,2007. ].: EST: VJ I AM r r {vL.~ CITY CLERK Robert Parcher (lUAtwO- %-0 ~ Michael Gongora ~ Vice-Mayor --. 3~1 Date Underscor enotes new language 03/05/2007 February 14, 2 07 March 14,2 First Reading: Second Reading: Verified by: T:\AGENDA\2007\mar1407\Regular\lnterim Procedures 2007 - ORD.mar.doc 4 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Section 1 ($1 -591, pertaining to 'Interim Procedures' for the issuance of demolition ermits. Ke Intended Outcome Su orted: Increase satisfaction with development and growth management across the City. Increase satisfaction with nei hborhood character. Issue: Shall the City Commission approve an Ordinance Amendment to modify and clarify the 'Interim Procedures' associated with demolition ermits within ro osed historic districts? Item Summary/Recommendation: Currently, the Planning Department, at the request of an authorized entity, can prepare a designation report and implement interim procedures for demolition permits, and provide protection for a structure from demolition, within a limited timeframe. The proposed Ordinance clarifies this process and removes any perceived ambiguities with regard to the process a property owner is required to follow subsequent to the initiation of designation procedures. The Ordinance was approved by the City Commission at First Reading on February 14, 2007. The Administration recommends that the Commission adopt the ordinance. Advisory Board Recommendation: On November 14, 2006, the Historic Preservation Board recommended that the City Commission approve the ordinance. On December 19, 2006 the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation. Financial Information: Source of Amount Account Approved Funds: 1 C 2 3 4 OSPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Jorge Gomez or Tom Mooney Si n-Offs: Department Director City Manager ~ ,.., MIAMIBEACH AGENDA ITEM ~5B DATE .3-l4-07 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City ManagerJ~ - 0 SECOND READING March 14,2007 TO: DATE: SUBJECT: INTERIM PROCEDURES AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION", DIVISION 4, "DESIGNATION," SECTION 118-591, BY CLARIFYING THE REQUIREMENTS AND PROCEDURES FOR DESIGNATION OF HISTORIC STRUCTURES AND DISTRICTS AND THE ISSUANCE OF DEMOLITION PERMITS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND Recently, the Board of Adjustment considered an appeal of an administrative interpretation pertaining to Article X of the Land Development Regulations. Specifically, a challenge regarding the applicability of the 'Interim Procedures" was filed on behalf of the owner of a property within the boundaries of a proposed historic district. In this appeal, ambiguities were alleged with regard to whether or not a moratorium on demolition permits applies to permit applications filed before an action of the Historic Preservation Board implementing the 'Interim Procedures', as specified in section 118-591 of the City Code. The Board of Adjustment agreed that the drafting of the language of section 118-591 was not entirely consistent with the legislative intent of the code. However, by a narrow margin, the Board did not overturn the administrative interpretation of the Code. In order to address any perceived ambiguities in the language of Section 118-591, as it pertains to the applicability of demolition moratoriums and the role of the Historic Preservation Board, minor revisions to this section of the code are being proposed. ANAL YSIS In order to better protect architecturally and historically significant structures that have not been designated, an interim process for demolition permits, where the designation process is initiated with a more limited notice to the property owner, was approved by the City Commission in 2005. These 'Interim Procedures' allow the Planning Department, at the Interim Procedures March 14, 2007 Page 2 of 2 request of an authorized entity, to prepare an evaluation and recommendation that determines whether the property meets the criteria of the Land Development Regulations for designation. If the Historic Preservation Board directs staff to begin the preparation of a designation report at a public hearing with a five (5) day notice to the property owner, 'Interim Procedures pertaining to the issuance of demolition permits for any property located within the proposed district or site go into effect. Within 60 days of the implementation of the 'Interim Procedures', during which time no demolition can be approved or permitted without the approval of the Historic Preservation Board, the City Commission may review the proposed district or site and, by 5/7 vote, modify or eliminate the proposed site or district boundaries. Section 118-591 (c) in the existing code specifies that any demolition permit being "sought" after a vote of the Historic Preservation Board to commence the designation process for a particular site or district, would be subject to the Certificate of Appropriateness requirements and that a demolition permit shall not be issued until a Certificate of Appropriateness is approved. The legislative intent of this section of the code, as well as the interpretation of the Planning Director, clearly mandate that a demolition permit must be obtained before the vote of the Historic Preservation Board to commence the designation process, in order for a property or building to be exempt from any demolition moratorium. Notwithstanding this clear reading of the code, as well as the legislative intent, staff is proposing minor text changes in order to ensure all affected parties, both current and future, are provided with an unambiguous set of rules and procedures governing all requests for the demolition of buildings located within proposed historic districts and sites. On November 14, 2006, the Historic Preservation Board reviewed the subject Ordinance and recommended approval. On November 28, 2006, the Planning Board considered the proposed Ordinance Amendment and transmitted it to the City Commission with a favorable recommendation. The subject Ordinance was approved at First Reading on February 14, 2007. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. CONCLUSION The Administration recommends that the City Commission adopt the proposed Ordinance. Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be necessary in order to enact any amendments to the Land Development Regulations. JMG/TH/JGG/TRM T:\AGENDA\2007\mar1407\Regular\lnterim Procedures 2007 - MEMO.mar.doc (g MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a second reading and 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 14,2007, to consider the following: 10:15 a.m. ' An Ordinance Amending The land Development Regulations Of The City Code By Amending Chapter 142, "Zoning Districts And Regulations," Section 142.704, "Minimum Required Yards In Relation To Minimum Open Space Ratio,"By Allowing Variances From Minimum Open Space Requirements For Major Cultural Institutions Within A local Historic District That Only Achieve No More Than 80% Of The Total Allowable FARAnd Can Demonstrate That The Open Space Cannot Be Provided On The Roof Top. Inquiries may be directed to the Planning Department at (305) 673-7550. :>.k:.. 10:20 a.m. 71\"" An Ordinance Amending The land Development Regulations Of The City, By Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic Preservation", Division 4, "Designation," Section 118-591, By Clarifying The Requirements And Procedures For Designation Of Historic Structures And Districts And The Issuance Of Demolition Permits. Inquiries may be directed to the Planning Department at (305) 673-7550, 5:00 p.m. An Ordinance Amending Chapter 142, "Zoning Districts And Regulations," OfThe City Code, By Amending Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," By Adding New Section 142-109 Entitled "Commercial Use Of Single Family Homes Prohibited" Inquiries may be directed to the City Manager's Office at (305) 673-7010. 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 these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and 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 res'pect 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 (305) 604-2489 (voice), (305)673.7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad #426 ... .