HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
.yH�onorable Mayor and Members of the City Commission
FRONT: �Vi'�ia Mendez, City Attorney
DATE: July 20, 2020
RE: July 23, 2020, Virtual Commission Meeting Agenda — Substitution of SR.3-
Ordinance Amending Chapter 23/Article I of the Code of the City of Miami,
Florida, as amended, titled "Historic Preservation/Historic Preservation"
File No. 7185
Item SR.1 on the July 23, 2020 City Commission Agenda is being substituted to
clarify that the supermajority vote to nominate and designate historic resources, historic
districts, multiple property designations, and archaeological sites and zones is a
supermajority of the board members present.
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City of Miami
City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
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0 K % Ordinance:
File Number: 7185 Final Action Date:
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
("CITY") HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
("HEPB"), THE CITY'S PLANNING, ZONING, AND APPEALS BOARD ("PZAB"),
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; 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 NC TJCF
OF PUBLIC HEARINGS FOR SPECIAL CERTIFICATES OF : l
APPROPRIATENESS; TO PROVIDE UPDATES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE Dktt.
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SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the preservation of the City of Miami's ("City") historic resources iia ' CD
significant goal in the City's overall vision for its future; and W
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
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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 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, including but
not limited to the City's Historic and Environmental Preservation Board ("HEPB"), 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 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.
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Section 2. Chapter 23 of the City Code, titled "Historic Preservation", is hereby:4mqpped
in the following particulars:' F; d
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"CHAPTER 23171
HISTORIC PRESERVATION =2 :�<
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.
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(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 aAy 9 wa sunermaiority vote of its members present after one (1) or more
member of the Board requests it to be placed on a Board agenda, ILthe mayor,
the city manager, resolution of the planning, zoning and appeals board approved
by a supermaiority vote of the members present, by resolution of the city commission
approved by a supermaiority vote of the members present, ILthe property owner,
resolution of the county historic preservation board approved by a supermaiority vote
of the members present, DLresolution 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
DLthe 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 mer%be4W)f
the HEPB when evaluating any proposed historic district or multiple property
designation. The board shall conduct a preliminary evaluation of the data PiiWyidtV in rn
the proposal for conformance with criteria set forth in subsection (a); and still, ij� n
appropriate, direct the planning department to prepare a designation repdd Theca
board may require the party initiating such proposal to provide any necesr -a
documentation, and to pay any applicable fees. ZK
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a. Not cation. At least ten days prior to the meeting at which the an will
consider the preliminary evaluation, the owner of property or his desigrikedt'
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);
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2. The board approves or denies the designation in accordance with this
sulasSecbon{b)(3), or 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 requireda ,"
certificate of appropriateness shall be subject to the provisions of sd8sen
23-6.2(f). C
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(3) Notice and public hearing. The board shall conduct a public hearing to de;q�-KicmlpMIN m
whether the proposed historic resource, historic district, multiple property -;K-=- 0
designation, archaeological site or zone meets the criteria set forth in subseetiorr�a)
and shall approve, amend, or deny the proposed designation. All approvals`0 .�-
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 (bc)(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&thi 30 days
prior to the board's meeting and tel fifteen (151_days prior to subsequent
administrative appellate hearings. The owner shall receive a copy of the
designation report unless there are more than tkgritL201 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
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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, may -be -,-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 QtailM in
Subsection (7) below. ;?
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b. The Miami -Dade County Clerk of the Courts.f�.' N n
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(7) Appeals.
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a. The property owner, any one member of the city commission, the planning f'
department, or any aggrieved party that has standing under Florida laxm
appeal to the city commission any decision of the board on matters reWin7 o
designations by filing within 45-ILxtyJ601 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 $3.50- by Chapter 62 for each mailed notice
required pursuant to subsestien (s)(3) 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 $3.5A -prescribed b�Chapter
62 for each mailed notice required pursuant to subseetien (s)(3) 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
subsection k) 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
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made directly to the city commission, within 4&jLxty 60__l calendar days after the
date of the decision, and follow the procedures described in subsp-a-fin-ns 23
6.2(e) ^F 23 41gH herein. The Office of Hearing Boards shall schedule the
appeal on the next available Citv 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
Modem (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 tl
application will be heard, the owner or their designated agent or
representative, shall be notified of the board's intent to consider the m
application. Ern C=m
In making its decision as to whether to certify the resource, the boardi�ballo
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consider:
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f. Appeals from the decision of the HE PB. The property owner, any one themVer
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
desigRat+eassuch 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 $3.59
tw the cost prescribed by Chapter 62 for each mailed notice required
pursuant to subsection 23-4(bjc (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
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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
efd+aa. 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 herein
Sec. 23-6.2. - Certificates of appropriateness. r -a
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(b) Procedures for issuing certificates of appropriateness.- o
(4) Special certificates of appropriateness. Where the action proposed in `an w
application involves a major addition, alteration, relocation, or demolitiion, A -
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 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 orooertv lines of the subiect propertv 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.
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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 des.igRafieas
ald 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 $3:30 peg the cost prescribed by
Chapter 62 for each mailed notice required pursuant to . 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.
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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
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2 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.
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