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HomeMy WebLinkAboutO-139120FCity of Miami G�TY 'LJ 1 Legislation * IA61RR uuu �F l ° R I° Ordinance: 13912 File Number: 7185 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/23/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION"; MORE SPECIFICALLY, BY AMENDING SECTION 23-4, TITLED "DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS, MULTIPLE PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SITES AND ZONES", SECTION 23-6, TITLED "TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND ESTABLISHING A 35 -FOOT HEIGHT LIMIT", AND SECTION 23-6.2, TITLED "CERTIFICATES OF APPROPRIATENESS", TO PROVIDE THAT PROPOSALS FOR DESIGNATION MADE BY THE MIAMI-DADE COUNTY HISTORIC PRESERVATION BOARD, THE CITY COMMISSION, THE CITY OF MIAMI'S HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, THE CITY'S PLANNING, ZONING, AND APPEALS BOARD, AND ANY ORGANIZATION THAT HAS BEEN A REGISTERED NON-PROFIT CORPORATION IN THE STATE OF FLORIDA FOR AT LEAST FIVE (5) YEARS WITH A RECOGNIZED INTEREST IN HISTORIC PRESERVATION WILL REQUIRE A SUPERMAJORITY VOTE OF THE MEMBERS PRESENT; TO MODIFY THE TIME TO APPEAL DECISIONS REGARDING HISTORIC DESIGNATIONS TO THE CITY COMMISSION TO SIXTY (60) DAYS; TO MODIFY THE TIMING OF NOTICE; TO PROVIDE THAT THE NOTIFICATION TO OWNERS OF PROPERTIES DESIGNATED AS HISTORIC WILL CLEARLY ADVISE THE OWNERS OF THEIR RIGHT TO APPEAL TO THE CITY COMMISSION; TO PROVIDE TIMING FOR SCHEDULING APPEALS; TO REQUIRE ADDITIONAL NOTICE OF PUBLIC HEARINGS FOR SPECIAL CERTIFICATES OF APPROPRIATENESS; TO PROVIDE UPDATES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the preservation of the City of Miami's ("City") historic resources is a significant goal in the City's overall vision for its future; and WHEREAS, the designation of historic resources, historic districts, multiple property designations, and archeological sites and zones is of community value and enhances the aesthetics and quality of life in the City; and City of Miami Page 1 of 8 File ID: 7185 (Revision: B) Printed On: 812412020 File ID: 7185 Enactment Number: 13912 WHEREAS, the designation of historic resources, historic districts, multiple property designations, and archaeological sites and zones when done against the will of the owner of the property or properties in question can negatively impact and affect private property rights; and WHEREAS, the intent of this amendment is to require that proposals for designations made by any boards or local legislative bodies allowed to propose designations be approved by a supermajority vote of the members present; and WHEREAS, the decision to move ahead with a preliminary designation or to designate a property as historic is of enough significance to merit that such decisions be supported by a supermajority vote of the members present as provided for by this amendment; and WHEREAS, in order to safeguard due process and owners' private property rights while taking into consideration the complexities of scheduling quasi-judicial hearings before the City Commission, the time to appeal designations made against the will of a property owner is being extended from fifteen (15) days to sixty (60) days; and WHEREAS, to safeguard the above-mentioned interests, the notification of historic designations issued to a property owner will clearly advise the property owner of the right to appeal to the City Commission and the time to file said appeal; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interests of the general welfare of the City and its residents to further amend the Code of the City of Miami, Florida, as amended ("City Code"), as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 23 of the City Code, titled "Historic Preservation", is hereby further amended in the following particulars:' "CHAPTER 23 HISTORIC PRESERVATION ARTICLE I. HISTORIC PRESERVATION Sec. 23-4. Designation of historic resources, historic districts, multiple property designations, and archaeological sites and zones. ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 8 File ID: 7185 (Revision: B) Printed on: 812412020 File ID: 7185 Enactment Number: 13912 (c) Procedures for designation. Properties which meet the criteria set forth in section 23-4 may be designated as historic resources, historic districts, multiple property designations, and archaeological sites and zones according to the following procedures: (1) Proposals and preliminary evaluation. Proposals for designation may be made to the board by a+Ysla supermajority vote of its members present after one (1) or more members of the Board request it to be placed on a Board agenda, bar the mayor, by the city manager, bar resolution of the planning, zoning and appeals board approved by a supermajority vote of the members present, bar resolution of the city commission approved by a supermajority vote of the members present, bar the property owner, by resolution of the county historic preservation board approved by a supermajority vote of the members present, bar resolution of any organization that has been a registered non-profit corporation in the state for at least five (5) years with a recognized interest in historic preservation approved by a supermajority vote of the members present, or bar the preservation officer. In those instances when a historic district or multiple property designation is being considered, the preservation office shall conduct outreach involving all relevant homeowner associations and neighborhood associations, ultimately ascertaining their level of support by way of resolution or vote. Said level of support shall be taken into consideration by staff and members of the HEPB when evaluating any proposed historic district or multiple property designation. The board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth in subsection (a); and shall, if appropriate, direct the planning department to prepare a designation report. The board may require the party initiating such proposal to provide any necessary documentation, and to pay any applicable fees. a. Notification. At least ten (10) days prior to the meeting at which the board will consider the preliminary evaluation, the owner of property or his designated agent or attorney, on file with the city, which is the subject of said proposal for designation shall be notified by certified mail of the board's intent to consider the preliminary evaluation of the property. Should the applicant be a person other than the property owner or designated agent or attorney on file with the city, the applicant shall be notified and the owner of record of the subject property shall be notified. For historic districts or multiple property designations where there are more than 50 properties to be considered, for designation, the owners shall be notified by first class mail and by the published notice. The notice sent by certified mail of the board's intent to consider the preliminary evaluation of the property, when sent to the property owners of involuntarily designated residentially zoned properties in a T3-0 designated transect zone that are not the applicants, will state the right to appeal the board's final decision regarding designation to the city commission, and will include in the notification a statement of the fee waiver provision contained in subsection (c)(7) herein. b. Interim protection measures. From the date said notice of the preliminary evaluation is mailed, no building permit for any new construction, alteration, relocation, or demolition that may affect the property proposed for designation shall be issued until one of the following occurs: 1. The board finds that the property does not appear to meet the criteria for designation and votes not to direct the planning department to prepare a designation report in accordance with subsection (bc)(1); City of Miami Page 3 of 8 File ID: 7185 (Revision: B) Printed on: 812412020 File ID: 7185 Enactment Number: 13912 2. The board approves or denies the designation in accordance with this sub-sSection ), or after one hundred twenty (1201 days have elapsed, whichever shall occur first, unless this time limit is waived on the record by mutual consent of the owner and the board; or 3. The owner applies for an accelerated certificate of appropriateness prior to final action on the designation by the board, and such certificate of appropriateness has been issued in accordance with the provisions of section 23-6.2. The preservation office shall place said application for a certificate of appropriateness on the next available agenda of the board. Any owner who carries out or causes to be carried out any work without the required certificate of appropriateness shall be subject to the provisions of subsection 23-6.2(f). (3) Notice and public hearing. The board shall conduct a public hearing to determine whether the proposed historic resource, historic district, multiple property designation, archaeological site or zone meets the criteria set forth in subsection (a) and shall approve, amend, or deny the proposed designation. All approvals or amendments of designations by the Board shall require an affirmative vote of a supermaiority of the Board members present. The board may rehear proposals based upon policies set forth in its rules of procedure. All public hearings on designations conducted by the board, except as provided in subsection (J�c)(1)a., and hearings on appeals of board decisions to the city commission regarding designations shall be noticed as follows: a. The owner of property or his/her designated agent or attorney, if any, which is the subject of such designation shall be notified by mail at least 4.5-thirt 30 days prior to the board's meeting and tsn-fifteen (15) days prior to subsequent administrative appellate hearings. The owner shall receive a copy of the designation report unless there are more than twenty 201 owners, in which case the notice shall state that a copy is available and where it may be obtained. b. An advertisement shall be placed in a newspaper of general circulation at least ten days prior to the hearing. c. Signs shall be posted pursuant to subsection 62-129(2)a., as amended. d. Notice of the time and place of the public hearing by the board, or city commission, as the case may be, shall be sent at least ten days in advance of the hearing by mail to all owners of property within 500 feet of the property lines of the land for which the hearing is required. The applicant, or the appellant as applicable, shall be charged the appropriate fee established for this purpose. e. For the purpose of this chapter, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Miami -Dade County. The preservation officer, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on his/her certification by the placing in the mail system of the United States on the date certified the herein required notice, the certification City of Miami Page 4 of 8 File ID: 7185 (Revision: B) Printed on: 812412020 File ID: 7185 Enactment Number: 13912 shall be conclusive of the giving of such notice; in the case of condominiums, notice will be sent solely to the condominium association. No action taken by the board, or the city commission, , shall be voided by the failure of an individual property owner or property owners to receive notice pursuant to this chapter. (4) Historic and environmental preservation atlas. Historic sites, historic districts, multiple property designations, and archaeological zones designated pursuant to section 23-4 shall be shown in the "Official Historic and Environmental Preservation Atlas of the City of Miami, Florida," as amended. (5) Electronic building records. Following the designation of a resource, the historic preservation officer shall note the property as a historic resource in the city's building department records. (6) Notifications. Following the designation of a resource, the historic preservation officer shall notify the following parties with a copy of the resolution: a. The owner(s) of record. The notification to the owner(s) of record shall clearly state that the property has been designated and such designation may be appealed to the City Commission within sixty (60) days. The notification shall also summarize the procedure for appeals to the City Commission as detailed in Subsection (7) below. b. The Miami -Dade County Clerk of the Courts. (7) Appeals. a. The property owner, any one member of the city commission, the planning department, or any aggrieved party that has standing under Florida law may appeal to the city commission any decision of the board on matters relating to designations by filing withinsixt 60__J calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. Such notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Appellate fees for property owners of involuntarily designated residentially zoned properties in a T3-0 designated transect zone that are not the applicants, are waived. The city shall bear the cost of $3.5& -prescribed by Chapter 62 for each mailed notice required pursuant to this Section. Except as appellate fees and mailed notice costs are expressly waived above, each appeal shall be accompanied by a fee of $525.00, plus the cost of $3.50 -prescribed by Chapter 62 for each mailed notice required pursuant to 6616on+inn (G43 this Section. The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three-fifths vote of all members of the city commission. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of this section 44 shall remain in effect during the entire appeal process, unless stayed by a court of competent jurisdiction. The appeal shall be a de novo hearing and the city commission may consider new evidence or materials in accordance with the zoning ordinance. Appeals concerning designations shall be City of Miami Page 5 of 8 File ID: 7185 (Revision: B) Printed on: 812412020 File ID: 7185 Enactment Number: 13912 made directly to the city commission, within 45-sixt 60__l calendar days after the date of the decision, and follow the procedures described in s ihcor+ieps 22- 6.2(e) or 23-4(!4 Therein. The Office of Hearing Boards shall schedule the appeal on the next available City Commission meeting following receipt of the appeal. (8) Amendments. The board may amend any designation by following the same procedures as set forth in this section. The board may likewise rescind any designation if the structure or feature of principal historic significance has been demolished or destroyed. (d) Reserved. (e) Effect of designation. Upon designation, and thereafter, the provisions of section 23-6.2 shall apply. Sec. 23-6. - Transfer of development rights and density for historic resources; provision for a determination of eligibility process, and special provisions for resources within the Miami Modern (MiMo)/Biscayne Boulevard Historic District; prohibiting certain uses; and establishing a 35 -foot height limit. (6) Review for certification of an eligible historic resource. Once the application for a determination of eligibility has been deemed complete, the preservation officer shall schedule the application before the next regularly scheduled meeting of the HEPB. At least ten days prior to the meeting at which the application will be heard, the owner or their designated agent or representative, shall be notified of the board's intent to consider the application. In making its decision as to whether to certify the resource, the board shall consider: Appeals from the decision of the HEPB. The property owner, any one member of the city commission, the planning department, or any aggrieved party may appeal to the city commission any decision of the board on matters relating to ` eSinna4inncsuch certifications by filing within 15 calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. Such notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of $500.00, plus $3.50 - per the cost prescribed by Chapter 62 for each mailed notice required pursuant to subsection 23-4(bc)(3). The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three- fifths vote of all members of the city commission. Appeals from decisions of City of Miami Page 6 of 8 File ID: 7185 (Revision: B) Printed on: 812412020 File ID: 7185 Enactment Number: 13912 the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of subsection 23-4(bc) shall remain in effect during the entire appeal process insofar as they do not conflict with this Section, unless stayed by a court of competent jurisdiction. The appeal shall be a de novo hearing and the city commission may consider new evidence or materials �Xith Con4inn 2004 of the Znninn ase. Appeals shall be made directly to the city commission, within 15 calendar days after the date of the decision, and follow the procedures described in hereins"hcon4inn 73_6 2(e) or 23 4(G)(7) Sec. 23-6.2. - Certificates of appropriateness. (b) Procedures for issuing certificates of appropriateness. (4) Special certificates of appropriateness. Where the action proposed in an application involves a major addition, alteration, relocation, or demolition, as specified by the rules of procedure of the board; where the preservation officer finds that the action proposed in an application involving a minor alteration is not clearly in accord with the guidelines as set forth in subsection (c); or when the applicant is requesting a waiver, or exception or exclusion from the requirements of the zoning code the application shall be classified as a special certificate of appropriateness, and the following procedures shall govern: a. Public hearing. When a complete application is received, the preservation officer shall place the application on the next regularly scheduled meeting of the board. The board shall hold a public hearing to review the application. All public hearings on all certificates of appropriateness conducted by the board and hearings on appeals of board decisions to the city commission regarding certificates of appropriateness shall be noticed as follows: 1. The applicant shall be notified by mail at least ten 110) calendar days prior to the hearing. 2. Any individual or organization requesting such notification and paying any established fees therefore shall be notified by mail at least ten calendar days prior to the hearing. 3. Notice shall also be sent by mail to all owners of property within 500 feet of the property lines of the subject property at least ten (10) calendar days prior to the hearing. 4. An advertisement shall be placed in a newspaper at least ten calendar days prior to the hearing. City of Miami Page 7 of 8 File ID: 7185 (Revision: B) Printed on: 812412020 File ID: 7185 Enactment Number: 13912 45. Any additional notice deemed appropriate by the board. (e) Appeals. The applicant, the planning department, or any aggrieved party may appeal to the city commission any decision of the board on matters relating to deli Rata R ap,d certificates of appropriateness by filing within fifteen (15) calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. The notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of $525.00, plus $3.59 pe the cost prescribed by Chapter 62 for each mailed notice required pursuant +„ 22-4. The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The appeal shall be de novo hearing and the city commission may consider new evidence or materials. The city commission may affirm, modify, or reverse the board's decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered by the city. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure." Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: i ria ndez, City Attor iey 7/27/2020 z This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 8 of 8 File ID: 7185 (Revision: B) Printed on: 812412020