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HomeMy WebLinkAboutO-112001 J-94- 841 9/28/94 ORDINANCE NO. 11200. AN OEDINANCE RELATED TO HISTORIC PRESERVATION AMETIDING s 7W REWIRE[MS FOR TERM OF OFFICE AMID REMOVAL OF MEMBERS OF ME HISTORIC AMID ENVIRONMENTAL PRESERVATION BOARD To CONFORM WITH THE PROVISIONS OF ORDINANCE NO. $ 11130, ADOPTED MARCH 24, 1994; ESTABLISHING FEES FOR APPEALS OF DESIGNATIONS AND CERTIFICATES OF APPROPRIATENESS; MORE PARTICULARLY, BY AMENDING SECTIONS 62-71, 23.1-4 AND 23.1-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEAISR PROVISION AND A SEVERABILITY CLAUSE; .AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 11130, as amended, adopted March 24, 1994, the City Ccaranission established the standards for the creation and review of boards in the City of Miami; and WMEREAS, the City Carmission desires to amend the Code of the City of Miami, as amended, as it relates to the requirements for terms of office and - removal of members of the Historic and Environmental Preservation Board to conform with the provisions of Ordinance No. 11130; and VOEREAS, the City Carani.ssion desires to establish fees for appeals to the City Ccaranission fran decisions of the Historic and Environmental Preservation Board; NOW, THEREFORE, BE IT ORDA0ED BY THE M�!MIISSICN OF ME CITY OF MIAMII, Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this section. 11200 Section 2. Section 62-71 of the Code of the City of Miami, Florida, as amended, is herby amended in the following particulars :1/ "Sec. 62-71. Membership. (3) Zerms of Office. Members and alternate members off, the board shall be appointed to serve a tern of tvO (2) years or until the nominating ccnniissioner leaves office, whichever occurs first. Members and alternate members may be reappointed to consecutive terns, subject to the procedures set forth in part (2) above, except that no member or alternate member shall serve more than eight (8) consecutive years on the board. (5) Removal. Members and alternate members of the board may be removed fer with or without cause by vote of not less than three (3) members of the City Commission; however, any member or alternate member of the board who fails to caw1v with the attendance reauirements contained in .Section 2-430 of. Section 2-433 of this Code. b1pon such eertifteettion, the tratber or Following said removal, the city ccammission shall fill the vacancy pursuant to part (4) above . Section 3. Sections 23.1-4 and 23.1-5 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particulars: "Sec. 23.1-4. Designation of historic sites, historic districts, and archeological zones. (b) Procedures for designation. 1/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. Ellipsis and asterisks indicate omitted and unchanged material. 11200 -2- (5) Appeals. The property owner, any one (1) member of the city camussion, the planning, building and zoning department, or any aggrieved parry may appeal to the city camussion any decision of the board on matters relating to designations by filing within fifteen (15) calendar days after the date of the decision a written notice of appeal with the hearing boards division of the planning, building and zoning 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 tie appeal. Each appeal shall be accompanied by a fee as set -fo= 62-62 of $400.00, lus $3.00 per mailed notice required pursuant to section 23.1-4(3). The city commission shall hear and consider all facts material to the appeal and reader a decision promptly. The city camu.ssion 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 section 23.1-5 shall remain in effect during the entire appeal process, unless stayed by a Court of competent jurisdiction. Sec. 23.1-5. Certificates of appropriateness. (b) Procedures for issuing certificates of appropriateness. (4) Special certificates of appropriateness. e. Appeals. The applicant, the planning, building and zoning deparbment, or any aggrieved parry may appeal to the city commission any decision of the board on matters relating to 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 division of the planning, building and zoning 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 $400.00. The city commission shall hear and consider all facts material to the appeal and render a decision promptly. 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 11200 -3- decisions of the city commission may be made to the courts as provided by the Florida ides of Appellate Procedure." Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinanceiare hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 2 7 th day of October , 1994. PASSED AMID ADOPTED ON SECJCI M AND FINAL READING BY TITLE ONLY this 17 th day of November , 1994. STEMEN P. CLARK NAMR MATrY HIRAI, CITY APPROVED AS TO FORM AND CORRECTNESS Mai A. QU�tF II CITY 11200 -4- C oftx�xt Y Op,rtt WALTER 1, FOEMAN F CESAR H. ODIO City Clerk ""'„ tt"' c� City Manager December 21, 1995 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11319 11325 11326 11329 I am also enclosing another copy of Ordinance 11200. The Law Department informed me that Section 2. (Sec. 62-71(3) and (5)] was not codified. If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Puyans Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708tMiami, FL 33233/(305) 250-53601FAX: (305) 858.1610 of txxt �AK� of r� CESAR H. ODIO MATTY HIRAI !�� City Manager City Clerk �c December 13, 1994 Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11184 11188 11189 11190 11191 11192 11196 11199 11200 11201 Also enclosed is Resolution 94-871. Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: (Q DEPUTY CLER RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 MATTY HIRAI t�W4 . CESAR H. ODIO City Clerk �``' �''� City Manager cIN« At lit December 13, 1994 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11184 11188 11189 11190 11191 11192 11196 11199 11200 11201 Also enclosed is Resolution 94-871. Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: 1 QQv-Q-a�AAAC/ DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) OSO-1610 MATTY HIRAI City Clerk Cali of t�xmt OP ,I CESAR H. ODIC) City Manager GF�O„4`�P December 13, 1994 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11184 11188 11189 11190 11191 11192 11196 11199 11200 11201 Also enclosed is Resolution 94-871. If I can be of any further assistance, please do not hesitate to call. Very truly ours, Valerie Gree wood Deputy Clerk Enc. a/s 4 OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250.5360/FAX(305) 858-1610 I j CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 25 TO : Honorable Mayor and Members DATE : OCT 18 1994 FILE of thefCity Commission SUBJECT : Amendments to City Code - HEP Board and Historic Preservation Ordinance AW FROM : Cesar REFERENCES: City Commission Agenda City a ENCLOSURES: October 27, 1994 RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached ordinance to amend the requirements for membership on the Historic and Environmental Preservation Board to conform with Ordinance No. 11130 and to establish fees for appeals of decisions of the Historic and Environmental Preservation Board to the City Commission. BACKGROUND: Pursuant to Ordinance 11130, adopted on March 2-4, 1994, standards for the creation and review of boards within the City were established. It is therefore necessary to amend that section of the City Code which established the Historic and Environmental Preservation Board to conform with these new. membership, requirements. It is also proposed to amend the Historic Preservation Ordinance to clearly establish fees for appeals of decisions of the Historic and Environmental Preservation Board to the City Commission. The proposed fees of $400.00 represent the actual costs incurred by the City to advertise the items. MIA STATE: OF COUNTY 0' Before t Octelma V Supervlsoi Review VW1 and Legal I County, FI( being a Lee CITY ORDIN Inthe..., was pub Nov Afflant fy Review is a County, Flor been contin each day (e) has been er office in Mia one year ne) copy of advf neither paid any discoun of sec ng new apgr. ........ ay of (SEAL) Octelma V. ORDINANCE N0: 11000; AS AMPNDEb,1NI �A�..Ihl�i��� ORDINANCE,.F THE CITY OF. MIAMI, FLO TICLE 4;'SECTIbN 401, SCHEDULE OF' REGULATIONS,".BY CHANGING THE ZONII I will take notice that on the 17th day'of No- SiFICATION FROM 0-01=FICE Commission of Miarnt, Florida, adopted the- AVENUE, AREA RESIDENTIAL OFFICE_DISTI es IDINANCEN0.11107 ? THE PROPERTY L`OC�TED.=AT 1$5'SO E Ei�RACi=,. futlAMl, FL Fi115A MtlR'pi �Y DESCRfBEb HEREINI;" AND MAIf{I�fG'` DRDINANCE ESTABLISHING INITIAL NECESSARY CHANGES'ON'PAGE;'NO„ 3T )siNITIAL'APPROPRIATION S FOR, A, ZONING ATLAS .CO.NTAINING A-REPEALE JUE ;,-.FUNQ 'ENTITLED -"VIOLENT S1ON"AND A SEVERABILITY CLAUSE TASK `FORCE":AND AUTHORIZING 1ER'T:O ACCEPTA GRANT `IN THE , 643' FROM THE U.S. DEPARTMENT ORDINANCE NO.11203 ME JUSTICE `PROGRAMS, AND AN ORDINANCE: AMENDING ORDINANCE ,OF iY:AND- ALL DOCUMENTS NECES- AS AMENDED, THE ZONING ORDINANCE T, SAID GRANT;, CONTAINING 'A RE- CITY.OF:;MI4Mi,., FLORIDA : BYtAMEND1140 ON'ANO A SEVERABILITYCLAUSE. " OF 401, SCHEDULE:DISTRICT REGULATI +tDINANCE NO 11198 = ALLOW: "DISCOUNT., MEMBERSHIP MER ERS' AS A CONDITIONAL PRINCIPAL USE`h r ORDINANCE. AMENDING ORDI RESTRICTEDr.COMMERCIAL:DISTRICT�Y ADOPTED• ON APRIL.15, 1993, EXCEPTION °ONLY, :ANb ESTABI.JSHI G SHED„;INITIAL; RESOURCES AN0 'PARKING. REQUIiaEMENT; 13Y''ADDING ';T IIATIONS.FOR A SPECIAL''REVENUE 'RESERVED` `SECTIONS, BY 'ADDING SEC ) ABUSE ., RESISTANCE "DISCOUNT` ME, I HIP. "7MEA 14ANDISE PROVIDE, PROVIDE, FOR 'AN •INCREASE.IN,. TABLISHING APICABLE,:REGULATIONS;i F $10,217, AS, THE RESULT: OF:'A USE,:AND,`,BY AMENDING SECTION 2502,:I "TO,^PROVIDE IANT AP.PLICATIOWPROM METRO- . DEFINITIONS'; A` bEFINIT COUNTY,: AND AUTHORiZING, ,THE ' `DISCOUNT ME►i�BERSHIP. MERCHANDISE TO "EXECUTE :ANY -DOCUMENTS TAINING'T'A REPEALER PROVISION AND':-i ACCOMPLiSH.•THE"ACCEPTANCE ABILITY CLAUSE, ANI7 PROVIDING FOR A 'CONTAINING'A REPEALER PROVI- :, TIVE ERABILITY,CLAUSE }{DlNANCE N0.11199 WENDING SECTION 40.229 OF THE '' � ORDINANCE N0:112aa ,_., AN ORDINANCE AMENDING ORDINANCE N. . :CITY•;?.OF ' MIAMI,, FLORIDA, AS AS 'AMENDED, .THE ZONING. ORDINANCE !ROVIDING3 FOR"'CHANGES. IN IN- CITY OF MIAMI, FLORIDA: BY,AMENDING':A )ELINES`AND._,TYPES: OF•,FUNDS. SECTION.;926;.."SIGNS; SPECIFIC:LIMITATIi ENT MAY: BE MADE•FOR MEMBERS REQUIREMENTS,•:BY, ADDING ANEW SUI AMC,.'. EMPLOYEES' :YAND 926 9 'ENTITLED -`SIGNS `;'0F :HISTORIC' IPLOYEES' :RETIREMENT.`jRUST; CANCE,':`A b- Fi6VIDINWPA6CEDUAES4 IEPEALER,PROVISION, AND `A SEV- EMPTING';DESIGNATED SIGNS ,.OE ;HISTC , ,E, PROVIDING FOR AN EFFECTIVE NIFICANCEmFROM USUAL'''SIGNIILIMITATIO TAINING,'A REPEALER .PROVISION ,AND;/ ABILITY CLAUSE, AND PROVIDING=FOR Al iDINANCE N FIVE DATE r RELATED T STO IC PRESER- 7 n iNG THE REQUIREMENTS FOR E AND, REMOVAL"OF MEMBERS OF ORDINANCE N011205 AN ORDINANCE':ESTABLISHING •'APPROF ►ND ENVIRONMENTAL PRESERVA GONEORM WITH THE PROVISIONS FOR ,; CITY of MIAMi ;CAPITAL :AMPRO < CONTINUING.:. AND REVISING PREVIOt NO r, T11130, ADOPTED MARCH-14, ING.FEES;FOR,APPEALS-:OF:DES PROVED; SCHEDULED'CAPITAL :IMP.F PROJECTS,"'`ESTABLISHING."NEW. CAF CERTIFICATES OF`APPROPRIATE FiTIGULARLY, BY=:AMENDING SEC PROVEMENT PRO4ECT&TO BEGIN DURR YEAR .1994 95;: REPEALING PROVISIONS 1=4 AN,D 23.1 6'OF THE CODE'OF : NANCE`NO."1,1139, AS AMENDED -,THEEiS EMI FLORIDA; AS; AMENDED; CON 1993 .99d ' CAPITAL' IMPROVEMNTS AF ALER:PROVISION AND A'.SEVER- .TIONS,:.ORDINANCE, WHICH MAY.; BE IN AND PROVIDING TORLAN EFFEC- a WITH THIS CO -ORDINANCE,`'PROVIDING "AUTHORIZATIONS AND.,DIRECTIONS T0' ?DiNANCE NO 11201 MANAGER AND':CiTY ,CLERK; .C• CONTAIN PEAL ER,PROVISION AND'A SEVERABILJT AMENDING THEREgUIREME ;=NTS 'OFFICE :AND: REMOVAL OF,ME AND PROVIDING FOR AN EFFECTIVE DATE URB N "gEVELOP,MENT REVIEW q FORM WITH THE;PROVISIONS >OF Said ordinances may be iF`spected by,the public t1130, AbOPTED'MARCH;24, 1994 , ., tha'Clty Clerk;'3500 Pan-American Drive';Mlarra through Friday, excluding hofldays, betvyaen the l 4RLY BY AMENDING SECTION 62,64 - THE CITY OF MIAML FLORIDA,' AS '` ' and 5 p m " oFM� f PAINING "A REPEALER : PROVISION ' BILrrY CLAUSE,",AND PROVIDING ��Y , TM 4 P - F CITY OF MIAN VE DATE`: (42261l ilDINANCE NO:.11202 > r 11/9Q gOfcafta��° a 41�!INDING THE ZONING ATLAS_OF _ . ; . MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Deily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11200 In the ............ .......... .XXXXXXX........ ........................ Court, was published Iri said newspaper in the Issues of Nov 30, 1994 Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any person firm or corporation any discount, rebate, commissl r ref d for the purpose of sec ng this advertise r publi atton In the said new ap . Sworn to and subscribed before me this 30 November 94 ........day of... ................................................. A.D.19...... (SEAL) Octelma V. Ferbeyre personally NPAL OFIICIAL NOTARY S L1titRYL tt'AA RMER i1�StUN No. CC191642 MY l.Uyi .itsSION "P. APR Ml%6