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HomeMy WebLinkAboutO-09425ORDINANCE NO. 9 4 E7 AN ORDINANCE AMENDING COMPRLHENSIVE ZONING ORDINANCE 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE: FOR THE CITY OF MIAMI BY AMENDING ARTICLE IV - GENERAL PROVISIONS BY ADDING: A NEW SECTION 46 - HERITAGE CONSERVATION ZONES; PROVIDING FOR INTENT AND PURPOSE, EFFECT OF HERITAGE CONSERVATION 'ZONING, DEFINITIONS, HERITAGE CONSERVATION .BOARD, CRITERIA AND PROCEDURES FOR DESIGNATION OF HERITAGE CONS EPVA`1'ION ZONES; REQUIREMENTS FOR CERTIFICATES OF APPROPRIATENESS, AND SPECIAL PROVISIONS FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR INCLUSION OF SAME AS ARTICLE 16 OF THE PROPOSED NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; AND BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILI`i^Y CLAUSE. WHEREAS, the f•'.iami Planning Advisory Board, at its meeting of February 17, 1982, Item No. 5(a), following an advertised hearing, adopted Resolution No. PAB 12-82 by a unanimous vote, RECOMMENDING APPROVAL of the new Section 46: Heritage Conservation Zoning Districts General Provi- sions as hereinafter set forth; and WHEREAS, the Niami City Commission finds that in order to protect the educational, cultural, economic., and general _ welfare of the public and to promote a sense of identity, stability, and civic pride amongst City residents, it is necessary to recognize and conserve significant elements of Miami's historical, cultural, archeological, aesthetic, and architectural heritage; and WHEI'll EAS, much of Miami's rich and varied heritage is embodied in its buildings, improvements, landscape features, archeological sites, areas, neighborhoods, and scenic vistas; and t]E'REAS, the Miami Comprehensive Neighborhood Plan recomruends adoption of an ordinance to protect the City's her. ita(3e s r.mbodied in such buildings, improvements, land- scale:_ features, archeological sites, areas, neighborhoods, and scellic vistas; and 4 WHLREAS, Metropolitan Dade County Ordinance No. 81-13 provides that all municipalities shall have up to and in - eluding July 1, 1982 to adopt local ordinances with respect to historic districts, sites, and archeological zones; and that such ordinances shall provide for establishment of an historic preservation board with powers and duties; the cre- ation of a process to designate individual historic sites, districts, and archeological zones; a process of review for Certificates of Appropriateness and Certificates to Dig; an appeal process; and to have such ordinance certified by the National Register of Historic Places; and WHEREAS, the Niami City Commission adopted Ordinance 9317 on September_ 24, 1981 providing for Heritage Conserva- tion Interim Zoning Districts, subject to a one year time limitation, to create a mechanism for monitoring changes in historic properties during the interim time period required for implementation of a comprehensive heritage conservation program, plans, and zoning ordinance in order to promote proper maintenance and restoration and to prevent unneces- sary damage or destruction to these historic properties; and WHET:<EAS, the Miami City Commission deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the establishment of Heritage Conservation zoning districts; NOW, THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1: ARTICLE IV - GENERAL PROVISIONS - Ordi- nance No. 6871, as amended, the Comprehensive Zoning Ordi- nance for the City of Miami, is hereby amended by adding a new Section 46 hereto as follows: "Section 46: iiE1RI`i'AGE CONSERVATION ZONING DISTRICTS (HC) GENERAL PROVISIONS 2 9425 (1) INTENT AND PURPOSE (a) It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of places of significance in the historical, cultural, archeological, aesthe- tic and architectural heritage of Miami are in the interests of the health, prosperity and welfare of the people of Miami. There- fore, Heritage Conservation zoning districts are intended to; 1. Effect and accomplish the protection, enhancement, and perpetuation of improvements, landscape features, arche- ological resources, areas, neighbor- hoods, and scenic vistas which represent distinctive elements of the City's his- torical, cultural, archeological, aesthetic and architectural heritage; 2. Safeguard the City's historical, cultu- ral, archeological, aesthetic and archi- tectural heritage, as embodied and re- flected in historic sites, historic dis- tricts and archeological zones; 3. Foster civic pride in the accomplish- ments of the past; 4. Protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods; 5. Stabilize and improve property values in neighborhoods and in the City as a whole; G. Protect and enhance the City's attrac- tion to .residents, tourists, and visi- 3 9 4 1, 5 �f tors and thereby serve as a support and stimulus to the economy; and 7. Promote the use of historic sites, his- toric districts and archeological zones for the education, pleasure and welfare of the people of the City of Miami. (b) It is further_ declared that the purposes of Heritage conservation (hereinafter "HC") zon- ing districts are to: 1. Prevent destruction of historic features within HC zoning districts without due consideration for values represented therein or the possibility of preserva- tion of such features for use in an eco- nomically productive way; 2. Assure that alterations to existing fea- tures within HC zoning districts are compatible with the historic character of the HC zoning district; 3. Assure that new improvements, uses or landscape features within HC zoning dis- tricts or their visual environs, will be compatible with the character of the HC zoning district; 4. Promote the preservation of historic features by providing for incentives such as, but not limited to, economi- cally productive adaptive uses, trans- fer of development rights, floor area bonuses, and special regulations relat- ing to parking, setbacks, and other elements of zoning authority. ( 2 ) L E ECT OP HC ZONING 4 942 (a) Such HC zoning districts shall: 1. Supplant zoning districts or portions of zoning districts and the regulations applying therein at the time of creation of a particular HC zoning district; or 2. Have the effect of modifying require- ments, regulations, and procedures applying in existing zoning districts or zoning districts hereafter created, and remaining after HC zoning districts are superimposed, to the extent provided by this Section. (b) It is intended that where there are conflicts between the requirements of this Section and other provisions of the Comprehensive Zoning Ordinance, the provisions of this Section and of the particular HC zoning district shall apply. (c) The provisions of HC zoning shall apply equally to plans, projects or work executed or assisted by any private party, governmen- tal body or agency, department, authority or board of the city, county, state or nation. (3) DEFINITIONS Notwithstanding the provisions of Article II, the following definitions shall apply to this Section: Alteration - any change affecting the exterior appearance of an existing improvement by addi- tions, reconstruction, remodeling, or maintenance involving change in color, form, texture, or materials, or any such changes in appearance of specially designated interiors. Applicant - the record owner of a property and/or s " 5 4 improvements located thereon, the lessee thereof, or a person holding a "bona fide" contract to pur- chase same. Archeological zone - a geographically defined area, designated pursuant to this Section, which may reasonably be expected to yield information on local history or prehistory based upon broad pre- historic or historic settlement patterns. Archeological Site - a single specific location which has yielded or is likely to yield informa- tion on local history or prehistory. Archeologi- cal sites may be found within archeological zones, historic sites, or historic districts. Board - the Heritage Conservation Board of the City of Miami as created by Chapter 62 Article VII of the Miami City Code. Certificate of Appropriateness - a written docu- ment, issued pursuant to this Section, permitting specified alterations, demolitions, or other work within a property zoned HC. (a) Standard Certificates of Appropriateness - those based on such specific guides and stan- dards as may be officially adopted by the Board and for which issuance has been autho- rized by the Board upon findings by the Heri- tage Conservation Officer that proposed ac- tions are in accord with such official guides and standards. (b) Special Certificates of Appropriateness - those involving situations where the Board has not officially authorized the Heritage Conservation Officer to issue certificates and/or where the scope or complexity of a 6 9425 UJ 0 particular_ situation requires detailed deter - urination by the Board. Demolition - means the complete constructive remo- val of an improvement, or any part thereof_. Exterior - means those outside surfaces of any improvement listed in the designation report as having significant value to the historic character of the historic site or district. Heritage Conservation Officer - the Heritage Con- servation Officer as provided in Chapter 62, Arti- cle VII of the Miami City Code, or his officially authorized representative. Historic District - a geographically defined area, designated pursuant to this Section, possessing a significant concentration, linkage, or continuity of sites, improvements, or landscape features united by past events or aesthetically by plan or physical development. Historic Site - a single lot or portion of a lot containing an improvement, landscape feature or archeological site, or a historically related com- plex of improvements, landscape features or arche- ological sites, as designated pursuant to this Section. Improvement - means any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, fountain, sign, work of art, solar or climate control device, earthworks or other man-made object constituting a physical betterment of real property, or any part of such betterment. Landscape Feature - means all vegetation, geologi- cal features, ground elevation, bodies of water, or other natural or environmental feature. Ordinary Maintenance or Repair - means work done 7 9425 to prevent or to correct- any physical deteriora- tion or damage of an improvement, or any part thereof by restoring it, as nearly as practicable, to its apppearance prior to such deterioration or damage. Transitional Area - a subarea within the boun- daries of an HC zoning district which does not. necessarily qualify as a historic site, historic district, or archeological zone in itself; but which is visually related to an historic site or historic district such that regulation is re- quired in order to control major adverse impacts on an historic site or historic district. Unreasonable or undue Economic Hardship - means an onerous and excessive financial burden which destroys reasonable and beneficial use of property and that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of .income producing properties. (4) HERITAGE CONSERVATION BOARD The Heritage Conservation Board as established under Chapter 62 Article VII of the Miami City Code shall be responsible to effect the provisions of this Section. (5) DESIGNATION OF HC ZONING DISTRICTS (a) Criteria for designation of HC zoning districts In order to qualify as a historic site, his- toric district, or archeological zone with an HC zoning classification, individual proper- ties or groups of properties must have signi- ficant character, interest or value as part 8 14 4 of the historical, cultural, archeological, aesthetic, or architectural heritage of the city, state, or nation and shall meet one or more of the following criteria: (historical, Cultural Significance) 1. Is associated in a significant way with the life of a person important in the past; or 2. Is the site of a historic event with significant effect upon the community, city, state, or nation; or 3. Exemplifies the historical, cultural, political, economic, or social trends of the community; or (Architectural Significance) 4. Portrays the environment in an era of history characterized by one or more distinctive architectural styles; or 5. Embodies those distinguishing charac- teristics of an architectural style, or period, or method of construction; or 6. Is an outstanding work of a prominent designer or builder; or 7. Contains elements of design, detail, materials or craftmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or (Aesthetic Significance) 8. By being part of or related to a subdi- vision, park, environmental feature, or other distinctive area, should be deve- loped or preserved according to a plan based on a historic, cultural or archi- tectural motif; or 0 ` 9425 *4 4 9. Because of its prominence or spatial location, contrasts of siting, age, or scale, is an easily identifiable visual feature of a neighborhood or the city ,and contributes to the distinctive quality or identity of such neighbor- hood or the city; or (Archeological Significance) 10. Has yielded, or may be likely to yield, information important in pre -history or history. (b) Procedures for designation of HC zoning dis- tricts Properties which meet the criteria for historic sites, historic districts, or arche- ological zones set forth in paragraph (5)(a) may be zoned HC according to the following procedures: 1. Proposals and Preliminary Evaluation Proposals for rezoning of potential his- toric sites, historic districts, and archeological zones to the HC zoning classification may be made to the Board by any one of its members, the Planning Department, the Dade County Historic Preservation Board, or any interested citizen. The Board shall conduct a pre- liminary evaluation of the data provided in the proposal for conformance with criteria set forth in paragraph (5)(a); and may, if appropriate, direct the Planning Department to prepare a formal designation report and ordinance. The 11M 9425 Board may require the party initiating such proposal to provide any necessary documentation, and to pay any applicable fees. 2. Preparation of ordinance for individual HC zoning amendments For every proposed historic site, histo- ric district, and archeological zone the Planning Department shall prepare a zoning amendment ordinance and historic designation report containing the fol- lowing: a. Proposed boundaries Boundaries for individual historic sites shall generally include the entire property or tract of land, unless such tract is so large that portions thereof are visually and functionally unrelated to any significant historic improvement. Proposed historic district boun- daries shall in general be drawn to include all appropriate properties reasonably contiguous within an area and may include properties which individually do not conform to the historic character of the district, but which require regula- tion in order to control poten- tially adverse influences on the character and integrity of the dis- trict. Where reasonably feasible in relation to the purpose of HC 11 *4 4 zoning, historic district boun- daries shall include frontage on both sides of streets, and divide the proposed historic district from other zoning districts at rear lot lines, side street lines, or at other points where divisions will create minimum inter -district fric- tions. Archeological zone boun- daries shall generally conform to natural phys iog raph ic features which were the focal points for prehistoric and historic activi- ties. b. optional internal boundaries. Internal boundaries may subdivide the HC zoning district into sub- areas and transitional areas as appropriate for regulatory pur- poses. If a proposed historic site or his- toric district is visually related to surrounding areas in such a way that actions in the surrounding area would have potentially adverse environmental influences on its character and integrity, proposed boundaries for such transitional areas may be included within the HC zoning district. C. Detailed regulations Every historic site, historic dis- trict, and archeological zone shall 12 q 0 be assigned a set of detailed zoning district regulations, iden- tified by the prefix HC and a clas- sification number identifying the particular set of regulations, as for example HC-1, HC-2, HC-3, etc. The zoning amendment designa- ting each individual historic site, historic district, or archeological zone shall either assign a pre- viously existing classification of HC regulations, or it may set forth a new set of regulations as appro- priate for the particular situa- tion. Such regulations may be designed to supplant or modify any element of existing zoning regulations, including but not limited to use, floor area ratio, density, height, setbacks, parking, minimum lot size, etc., or create any addi- tional regulations provided for in this Section. The zoning amendment may identify individual properties, improvements, landscape features, or archeological sites or cate- gories of properties, improvements, landscape features, or archeolo- gical sites for which different regulations, standards, and proce- dures may be required. d. Designation report 13 942.5 �-AW A report shall be submitted with the zoning amendment ordinance, establishing and defining the his- toric, significance and character of the proposed historic site, his- toric district, or archeological zone, setting forth the criteria upon which the designation of the HC zoning district and its boun- daries are based, and describing the improvements and landscape features of public s ignif icance, present trends and conditions, and desirable public objectives for future conservation, development, or. redevelopment. The report shall identify the major exterior surfaces of any improvements or landscape features which contri- bute significantly to the historic character of the historic site or historic district. e. Optional designation of interiors Normally, interior spaces shall not be subject to regulation under this section; however, in cases of exis- ting structures having exceptional architectural, artistic, or histo- rical importance, interior spaces which are customarily open to the public may be specially designated. The zoning amendment ordinance shall describe precisely those fea- 14 9425 q* tures subject to review and shall set forth standards and guidelines for such regulation. 3. Heritage Conservation Board Findings and Recommendation The Board shall conduct a Public Hearing with notice as set forth in Chapter 166, Florida Statutes (1981). If the Board finds that the proposed HC zoning dis- trict meets the criteria set forth in paragraph (5)(a) of this Section for a historic site, historic district, or archeological zone, it shall transmit such findings to the Planning Advisory Board and the City Commission along with its recommendation for an HC zoning amendment. If the Board finds that the proposed HC zoning district does not meet the criteria for a his- toric site, historic district, or archeological zone in paragraph (5)(a) of this Section, no further action shall be required unless the property owner or a community based non-profit organiza- tion makes written request to proceed with the HC zoning amendment process in paragraph (5)(b)4 below. The Board may rehear proposals based upon policies set forth in its Rules of Procedure. 4. 11C Zoning Amendment Where consideration of an HC zoning amendment is required by paragraph (5)(b)3 above, actions and procedures shall be as provided in Article XXX- 15 44 AMENDMENTS. Recommendations of the Planning Advisory Board shall be based upon effects of the proposed HC zoning district regulations on the Miami Com- prehensive Neighborhood Plan or other adopted planning and zoning policies, but should not involve an evaluation of historic significance of the proposed zoning district. 5. Moratorium Following the date of a Public Hearing which shall be noticed in accordance with Chapter 166, Florida Statutes (1981), wherein the Heritage Conser- vation Board issues an affirmative recommendation for HC zoning pursuant to paragraph (5)(b)3 above, no permits shall be issued by the Building Depart- ment for any new construction, alter- ation, moving, or demolition on the real property which is the subject matter of the recommendation, until one of the following has occurred; a. the HC zoning amendment is enacted and a Certificate of Appropriate- ness is issued under the provisions of paragraphs (6), (7), and (8) of the Section; or h. the HC zoning amendment is denied by the City Commission; or C. the property owner has applied for an accelerated approval of a Certi- ficate of Appropriateness prior to final enactment of the HC zoning amendment; and such Certificate of- 16 4 w5 1. 4 Appropriateness has been issued under the provisions of paragraphs (6),(7), and (8) of this Section; and the property owner has volun- tarily proffered a covenant binding him to comply with all terms and conditions of the Certificate of Appropriateness, which will cease to be effective should the City Commission deny the HC zoning amendment. (6) CERTIFICATES OF APPROPRIA`1'ENESS, GENERALLY REQUIRED (a) No person shall carry out or cause to be carried out any of the following actions within a historic site or historic district zoned HC, without first obtaining a Certifi- cate of Appropriateness (and any other spe- cial permits and approvals required in par- ticular HC zoning districts) : 1. Changes in exterior appearance of an existing improvement by additions, re- construction, remodeling, or maintenance involving change in color, form, tex- ture, or materials, or any such changes in appearance of specially designated interiors; or 2. Construction, erecton, or installation of new improvements or landscape fea- tures; or 3. Demolition or moving, in whole or in part, of existing improvements; or 4. Removal, relocation, concealment, or effective destruction by damage of any existing landscape features, or archeo- 17 k ti10 4 logical sites especially designated as significant within a historic site or historic district. (b) Within an archeological zone zoned HC, no person shall carry out or cause to be carried out any new construction, filling, digging, the removal of trees, or any other activity that may alter or reveal an interred archeo- logical site, without first obtaining a Cer- tificate of Appropriateness. (c) r4o permits shall be issued by the Department of Building and Zoning Inspection for any work requiring a Certificate of Appropriate- ness unless such work is in conformance with an approved Certificate. The Certificate of Appropriateness shall be posted on the site at all times during construction, along with posting of the Building Permit. (d) ':he Board shall have the authority to issue Certificates of Appropriateness for all pro- perty in HC zoning districts, however owned by either private or public parties. (7) PROCEDURES FOR ISSUING CERTIFICATES OF APPROPRI- ATENESS (a) Pre -Application Conference(s) Before submitting an application for a Certi- ficate of Appropriateness, an applicant shall = confer with the Heritage Conservation Officer to obtain information and guidance before entering into binding commitments or incur- ring substantial expense in the preparation of plans surveys, and other data. At the request of the applicant, the Heritage Con - nervation Officer, or any member of the 18 4 t,. tAL Board, an additional pre -application confe- rence shall be held between the applicant and the Board or its designated representative. The purpose of such conference is to further discuss and clarify conservation objectives and design guidelines in cases that do not conform to established objectives and guide- lines. In no case, however_, shall any state- ment or representation made prior to the official application review be binding on the Board, the City Commission or any City depart- ments. (b) Application For Certificate of Appropriateness The applicant shall submit to the Heritage Conservation Officer an application, indicat- ing the type of certificate sought, together with supporting exhibits and other materials required by the rules of procedure of the Board. No application shall be deemed to be filed until all supporting materials required shall have been provided, and any established fees paid. (c) Procedures for Standard Certificates of Appropriateness Where the action proposed in an application for a Standard Certificate of Appropriateness is clearly in accord with guides and stan- dards officially adopted by the Board, the Heritage Conservation Officer shall, within five (5) working days of receipt of the com- pleteci application, issue a Standard Certifi- cate of Appropriateness, indicating in wri- ting, conformity with specified guides and standards. Following such certification, 19 4 4 permits dependent: upnn it may be issued if otherwise lawful. Where the Heritage Conservation officer finds that the action proposed in an application is not clearly in accord with guides and standards officially adopted by the Board, the heritage Conservation officer shall, within five (5) working days of receipt of the completed application, deny a Standard Certificate of Appropriateness with written reasons therefore, and further permits dependent upon such certification shall be withheld. If a Standard Certificate of Appropriateness is denied by the Heritage Conservation Officer, the applicant may further apply for C-1 Special Certificate without prejudice, following procedures set Eorth regarding such Certificates. (d) Procedures for Special Certificates of Appro- priateness 1. Meeting Notice The Board shall hold a public hearing with notice of the matter to be con- sidered and the time and place of the hearing as follows: a. The applicant shall be notified by mail at least ten (10) days prior to the hearing. b. Any individual or organization reyuesti .g such notification and paying any established fees there- fore, shall be notified by mail at least ten (10) days prior to the hearing. 20 1: c. An advertisement shall be placed in a newspaper of general circula- tion at least ten (10) days prior to the hearing. d. Any additional notice deemecl appro- priate by the Board. 2. Decision of the Heritage Conservation Board The hearing shall be held at the time an,i place indicated in the notice. The decision of the Roard shall be based upon the guidelines set forth in para- graph (8), as well as the general pur- pose and intent of this Section and any specific, planning objective- and design guidelines officially adopted for the particular 1IC zoning district. No decision of the Board shall result in an unreasonable or undue economic hard- ship for the owner. The decision of the Board shall include a complete descrip- tion of the reasons for such findings, and shall direct one or more of the following actions: a. Issuance of a Special Certificate of Appropriateness for the work proposed by the applicant; or b. Issuance of a Special Certificate of Appropriateness with specified modifications and conditions; or r.. Denial of a Special Certificate of Appropriateness, subject to the li- mitations in paragraph (8)(b) 1 ; or 21 1'� d. Issuance of a Special Certificate of Appropriateness with a deferred effective date up to six (6) months in cases of demolition or moving of a significant improvement or land- scape feature, pursuant to the pro- visions of paragraphs (8)(b) and (8)(c), or up to forty-five (45) days for any work potentially affecting an archeological site, pursuant to the provisions of paragraphs (8)(d) and (8)(e). 3. Time Limits If no action is taken upon an applica- tion within sixty (60) days, except August, from the receipt of a completed application in due form, such applica- tion shall be deemed to have been approved; and the Heritage Conservation Officer shall authorize issuance of any permit dependent upon such certifica- tion, if otherwise lawful, recording as authorization the provisions of this paragraph. This time limit may be waived at any time by mutual written consent of the applicant and the Board. 4. Records Written copies of all decisions and Certificates of Appropriateness shall be filed with the City Clerk, the Build- ing Department and the Board. 5. Appeals Any citizen may appeal any decision of 22 4 it 5 r 44 the Board to the City Commission by filing within fifteen (15) days after the (late of the decision, a written notice of appeal with the City Manager, with a copy to the City Clerk, which shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee established by the City Commission to cover cost of publishing and mailing notices of hear- ing. 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 deci- sion of the City Commission shall con- stitute final administrative review, and no petition for rehearing or reconside- ration 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 Appel- late Procedure. ( ) Changes in Approved Work Any change in work proposed subsequent to the issuance of a Certificate of Appropriateness shall be reviewed by the Heritage Conserva- tiori officer. If the Heritage Conservation Officer finds that the proposed change does not materially affect the historic character or the proposed change is in accord with approved guidelines, standards, and Certifi- 23 a 3 cates of Appropriateness, he may issue a supplementary Standard Certificate of Appro- priateness for such change. If the proposed change may not be in accord with guidelines, standarrls, or Certificates of Appropriateness previously approved by the Board, a new application for a Special Certificate of Appropriateness shall be required. (8) GUIDELINES FOR ISSUING CERTIFICATE OF APPROPRIATE- NESS (a) Alteration of Existing Improvements, New Construction Generally, for applications relating to alterations or new construction as ' re- quire-1 in paragraph (6)(a)1 and 2, the proposed work shall not adversely affect the historic, architectural, or aesthe- tic character of the subject improvement or the relationship and congruity between the subject improvement and its neighboring improvements and surroundings, including but not limited to form, spa- cing, height, setbacks, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historical, architectural or aesthetic interest or value of the overall HC zoning district. Except where special standards and guidelines have been spe- c_ i f ied in the ordinance creating a par- ticular_ HC zoning district, or where the 24 9495 4 IIi Board has subsequently adopted addi- tional standards and guidelines for a particular HC zoning district, decisions relating to alteration or new construc- tion shall be guided by the U.S. Secre- tary of the Interior's Standards for Rehabilitation. (b) Demolition of Existing Improvi3ments 1. The Board shall have authority to (eny a dei-,iolition permit only where such autho- rity is provided within applicable zoning district regulations as a result of granting special incentives for pre- servation of an historic improvement, such as, but not limited to, transfer of development rights, floor area ratio bonus, and special exceptions for set- backs, lot coverage, parking, etc. 2. The Board may grant a Certificate of appropriateness with a delayed effective date up to six (6) months. The effec- tive date shall be determined by the Board based upon the relative signifi- cance of the improvement, the probable time required to arrange an alternative to demolition, and whether the applicant has made a clear determination of unreasonable or undue economic, hardship. 3. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the improvement concerned, in accordance with the pur- poses of this Section. Such steps may 25 include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recom- mendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving the subject improvement. 4. During the demolition delay period, the owner shall permit access to the subject property for the purpose, of appraisals and inspections required by the Board. If the Board finds that the owner has refused a "bona fide" offer to purchase or otherwise provide compensation for the subject improvement or property for fair market value by any public or private person or agency which gives reasonable assurance of its willingness to preserve such improvement on its original site or on a site approved by the Board, it may invalidate the Certi- ficate of Appropriateness, following a public hearing. 5. In connection with any Certificate of Appropriateness, standard or special, for demolition of improvements in an HC zoning district, the Board may require at the owner's expense, salvage and pre- servation of specified classes of build- ing materials, architectural details and ornaments, fixtures, and they like for re -use in restoration of other historic properties. The Board may also require 26 s at the owner's expense the recording of the improvement for archival purposes prior to (lemolition. The recording may include, but shall not br) limited to, photographs and measured architectural drawings. `- (c) Proving of Existing Improvements Generally, moving of significant improvements from their original location shall he discou- raged; however, the Board may grant a Certi- ficate of. Appropriateness if it finds that no reasonable alternative is available for pre- serving the improvement on its original site and that the proposed relocation site is com- patible with the historic and architectural integrity of the improvement. The Board may issue a Certificate with a delayed effective date up to six (6) months in order to explore alternatives to moving the improvement in question. (d) Removal or Destruction of Existing Landscape Features 1. No Certificate of Appropriateness sha11 be granted for removal, relocation, con- cealment or effective destruction by damage of any landscape features or archeological sites especially desig- nated as significant within a historic site or historic district Loner] HC unless one of the following conditions exists: a. The designated landscape feature or a.rcheolog ical site is located in 27 t-` 4 5 J the buildable area or yard area where a structure nay be placed and unreasonably restricts the per- mitted use of the property; or b. The designated vegetation is inappropriate in a historical con- text or otherwise detracts from the character of an HC zoning district, or c. The designated vegetation is diseased, injured, or in danger of falling, unreasonably interferes with utility service, creates unsafe vision clearance or con- flicts with other applicable laws and regulations. 2. As a condition contained in the Certifi- cate of Appropriateness, the applicant may be required to relocate or .replace designated vegetation. (e) Construction, Excavation or other Disturbance in Archeological Zones In cases where new construction, excavation, tree removal, or any other activity may disturb or reveal an interred archeological site, the Board may issue a Certificate of Appropriateness, Standard or Special, with a 3elayed effective date up to forty-five (45) days. During the delay period the applicant shall permit the subject site to be examined under_ the supervision of an archeologist approved by the Board. A Certificate of Appropriateness may be denied if the site is 28 a 44 J of exceptional importance and such denial would not unreasonably restrict the primary use of the property. ( `3) SPECIAL PROVISIONS FOR ADMINISTRATION AND ENFORCE- MENT IN 1IC ZONING DISTRICTS (a) Variances The general provisions for HC zoning dis- tricts and regulations provided within indi- vidual HC zoning districts shall not be sub- ject to the provisions of ARTICLE XXXI - VARIANCI]S. Instead, where by reason of particular_ site conditions and constraints, or because of unusual circumstances appli- cable solely to the particular applicant, strict enforcement of the provisions of HC regulations would result in an unnecessary, unreasonable and undue hardship, the Board shall have the po•.ver to modify adherence to such TIC regulations; provided always that its requirements ensure harmony with the in- tent and purposes hereof and will not ad- versely affect the public welfare. Any such modifications shall only be made through the granting of a Special Certificate of Appro- priateness as provided in paragraph (7)(d). (b) Amendments Applications for amendments to existing HC zoning districts shall be processed according to the provisions of ARTICLE, XXX-AMENDMENTS; provided, however, that all such applications shall be submitted to the Board for review and recommendation prior to any final action on such application; and provided that no 29 '. `.:� "r J action resulting from such application shall have the effect of eliminating the require- ment for Certificates of. Appropriateness as otherwise provided in this Section. Where the Board has issued a Certificate of Appro- priateness for demolition or moving of the improvement or feature of principal historic significance on a historic site, the HC. zoning classification may be withdrawn through the amendment process. (c) Ordinary Maintenance and Repair Clothing in this Section shall be construed to prevent the ordinary maintenance or repair of any improvement which does not involve an alteration; or to prevent ordinary mainte- nance of landscape features. (d) Enforcement of Maintenance and Repair Provisions Where the Board or the Heritage Conservation Officer determines that any improvement within an HC zoning district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to an HC zoning district lack maintenance and repair to such an extent as to detract from the desirable character of the HC zoning dis- trict, it shall request appropriate officials or agencies of the City to require correction of such deficiencies under authority of applicable laws and regulations. (e) Unsafe Structures In the event the Building Official determines that any structure within an HC zoning dis- 30 f P.� 5 J trict is unsaEe pursuant to Section 202 of the South Florida Building Code, he shall immediately notify the Board with copies of such findings. Where reasonably feasible within applicable laws and .regulations, the Building official shall endeavor_ to have the structure repaired rather than demolished, and shall take into consideration any com- ments and recommendations by the Board. The Board may take appropriate actions to effect and accomplish preservation of such struc- ture, including but not limited to negotia- tions with the owner and other interested parties, provided that such actions do not interfere with procedures in Section 202 of the Building Code. (f) Emergency Conditions For the purpose of remedying emergency condi- tions determined to be imminently dangerous to life, health or property, nothing con- tained herein shall prevent the making of any temporary construction, reconstruction, demolition or other repairs to an improve- ment, landscape feature, or site in an HC zoning district pursuant to an order of a government agency or a court of competent jurisdiction, provided that only such work as is reasonably necessary to correct the hazar- dous condition may be carried out. The owner of an improvement damaged by fire or natural calamity shall be permitted to stabilize the improvement 'immediately and to rehabilitate it later under the normal review 31 9 4 t i procedures of this Section. (g) Inspections The Department of Building and Zoning Inspec- tion shall assist the Board by making neces- sary inspections in connection with enforce- ment of this Section. The Director of the Building and Zoning Department shall be responsible to promptly stop any work attempted to be done without or contrary to any Certificate of Appropriateness required under this ,section; and shall further be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be voluntarily corrected to comply with the Certificate, or that authorized civil and criminal prosecu- tion is initiates promptly. (h) Violations Any person who carries out or causes to be carried out any work in violation of this Section shall be required to .restore the subject improvement, landscape feature, or site either to its appearance prior to the violation or in accordance with a Certificate of Appropriateness approved by the Board. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty otherwise provided in Article XXXVII of Ordinance No. 6871 the Comprehensive Zoning Ordinance." Section 2. The HERITAGE CONSERVATION ZONING DIS- TRICT GENERAL PROVISIONS, as established hereby, is intended to be incorporated into the proposed new Zoning Ordinance of 32 94 25 J the City of ifijmi, Florida as ARTICLE 16, when and if such Ordinance may be passocl and adopted by the Miami City Com- mission. Section 3. That all Ordinances, Code Sections or parts thereof in conflict herewith are hereby repealed inso- far as they are in conflict. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY THIS 22nd day of April , 1982. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of May , 1982. _ -�ES� ��--�­'2p RA H G. ONGIE City Clerk PREPARED AND APPROVED BY: EL E. MAXW LL sistant City Attorney Maurice A r jrp MAURICE A. FERRE, Mayor APPROVED AS TO FORM AND CORRECTNESS: V. %�21 GEORGE F. KNOX, J City Attorney 33 9425 MIAMI REVIEW AND DAILY RECORD Published Daly except Saturday. Sunday and Legal Holidays Miami, Dade Counts. Florida STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Dianna Stuver, who on oath says that she is the Assistant to the Publisher of the Miami Review and Daily Record. 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 Re: ORDINANCE NO. 9425 X X X In the Court, was published in said newspaper In the Issues of June 9, 1982 Affiant further says that the said Miami Review and Daily Record 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 Holidaysl 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 effiant further says that she has neither paid nor promised any person, firm or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for publication In the said newspaper. .,• 'fit.. %� r r. 19v(ovn to and subscribpd ]re fore me this 9th r. June 82 day of rA.J). 19 Terrie Franco Notary,Rublic. State. of Florida at Large (SEAL) My Commission expires''Dec. 21, 1985. MR 131 1`4011C,E IS HEREBY GIVEN* ;u ,nt to an Order or Final J 1,W0 dated MAY 14. 1982, a;td ,fererf in Civil Action Case No. 62.7621 of the Circuit Courf of the Ele.anth Judicial Circuit in and for Dale County, Florida, wherein CARNEGIE CONSTRUCTION COMPANY, a Florida corporation, Pf,u�liff, and FRANK PETTY, Defendant, I will sell to the highest er 1 hest bidder for cash in the lobby at the South front door of the Dade County Courthouse in Miami, Dade County, Florida at 11:00 o'clock A.M., on the 16 day of JUNE, 1982, the following described property as set forth in said Order or Final Judgment, to :it: Lot 20, Block 2 of HIGHRIDGE PARK, per Plat thereof, recorded in Plat Book 17 at Page 5 of the Public Records of Dade County, Florida; together with the Improve• merits thereon. Also known as 2351 N.E. 56th Street, Miami, Florida. 'Dated this 1 day of JUNE, 19B2. RICHARD P. BRINKER Clerk of said Circuit Court (Circuit Court Seal) by C. STAFFORD Deputy Clerk worney for Plaintiff 3lurton Engels 25 W. Flagler St. Miami, Fla. 33130 373.4713 First publication of this notice on the 2 day of June, 1982. 512.9 M 82-060288 NOTICE OF SALE PURSUANT TO CHAPTER 45 N THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY CIVIL ACTION NO. 82.1740 Section 30 1:LAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI Plaintiff YS CRAIG A. CARAGLIOR, at al. Defendants 3AMFRANK Crossplaintiff vs CRAIG A. CARAGLIOR and BERNADETTE J. CARAGLIOR, his wife Crossdefendants NOTICE IS HEREBY GIVEN pur- suant to an Order or Final Judg•', neni dated MAY 13, 1982, ana -rntered in Civil A ;lion tease No. 12.1740 of the Circ .tit Court of the Deventh Judicial Circuit in and 'or Dade County, Florida, wherein FLAGLER FEDERAL SAVINGS 4ND LOAN ASSOCIATION OF MIAMI, Plaintiff. and CRAIG A. "ARAGLIOR, et al., Defendants, :,nd SAM FRANK, Crossplaintiff, -+nc CRAIG A. CARAGLIOR and BERNADETTE .I. CARAGLIOR, his Mile, Crossdefendants, I will sell !o the highest and best bidder for -ash in the lobby at the South front door of the Dade County courthouse in Miami, Dade Court. :y. Florida at 11:00 o'clock A.M., Dn the 16 day of JUNE, 1982, the lollowing described property as -et forth in said Order or Fill", Judgrnent, to wit Condominium Parcel des- ignated 9712 NW 5th Lane, Miami, Florida, located in Building No.54, of EAST WIND LAKE VILLAGE CONDOMIN- IUM together with an undivided interest as Tenant in Common in the Common Elements and the Limited Common Elements appur- tenant thereto according to the Declaration of Condomin• ium thereof as recorded in O.R. Book 9546, at Page 500, and Condominium Plan Book 55, at Page 1, and amended by Amendment No. 1 as recorded under Clerk's File No. 770775, Amendment No. 2 as recorded under Clerk's File No. 7711•30889, Amendment No. 3 as recorded under NOTICE OF SALE PURSUANT TO CHAPTER 45 Ifs THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR FADE COUNTY CIVIL ACTION NO. 81.186 Section 10 OASIS, A CONDOMINIUM ASSO• CIATION, INC. Plaintiff .vs- URIEL OQUENDO alkla URIEL QUENDO, a single man Defendant NOTICE IS HEREBY GIVEN pur- suant to an Order or Final Judg- ment dated MAY 13, 1982, and entered in Civil Action Case No. 81.186 of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, wherein OASIS, A CONDOMINIUM ASSO• CIATION, INC. Plaintiff and URIEL OQUENDO &We URIEL OUENDO, a single man Defendant, I will sell to the highest and best bidder for cash in the lobby at the South front door of the Dade County Courthouse in Miami, Dade Coun• ty, Florida at 11:00 o'clock A.M. on the 16 day of JUNE, 1982, the following described property as set forth in said Order or Final Judgment, to wit: Unit No. G•7 of OASIS NUM- BER TWO, A CONDOMINIUM, according to the Declaration of Condominium thereof, recorded in Official Records Book 9236 at Page 292 of the Public Records of Dade Coun- ty, Florida. DATED this 1 day of JUNE, 1982. RICHARD P. BRINKER Clerk of said Circuit Court (Circuit Court Seal) by C. Stafford Deputy Clerk Attorney for Plaintiff Edward S. Polk 6520 N. Andrews Ave. Fort Lauderdale, Fla. 33134 944.2926 First publication of this notice on the 2 day of June, 1982. 6l2.9 M82.060279 NOTICE OF SALE PURSUANT TO CHAPTER 45 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY CIVIL ACTION NO. 81.16874 SECTION 26 LANDMARK CONCRETE, INC., a Florida corporation, Plaintiff .vs- ALFREDO MUJICA and BERTA MUJICA, his wife, et al., Defendants NOTICE IS HEREBY GIVEN pur- suant to an Order or Final Judg- ment dated MAY 10, 1982, and entered in Civil Action Case No. 81.16874 of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, wherein LANDMARK CONCRETE, INC., a Florida corporation, Plaintiff, and ALFREDO MUJICA and BERTA MUJICA, his wife, et al., Defend- ants, I will sell to the highest and best bidder for cash in the lobby at the South front door of the Dade County Courthouse to Miami, Dade County, Florida at 11:00 o'clock A.M., on the 16th day of JUNE, 1982, the following described prop- erty as set forth in said Order or Final Judgment, to wit: �t et 8: El tc B, cc J. C. al hi 0 rc he id 16 in; in IC Lot 7, Block 5, MAYSLANa_' (Cl SUBDIVISION, according to the Plat thereof as recorded in Plat Book 10 at Page 1 of Av the Public Records of Dade All County, Florida, alkle 2800 431 Northwest 15th Street, Miami, f,Al, Florida, 66, Dated this 1 si day of June, 1982, 1 r1r1 RICHARD P. BRINKER B12 Clerk of said Circuit Court — (Circuit Court Seal) by Suzanne Rupena Pt Deputy Clerk IN Attorney for Plaintiff t CHAD P. PUGATCH, ESQ. Cooper, Shahady, Frazier & Pugatph ti ...... . ..... FLORIDA DEPARTMENT OF STATE George Firestone of St'lle DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGE,%IENT The Capitol, Tallahassee, Florida 32301 (904) 488.1480 Howard V. Gzirv, CiL,; Minzi,j(21- .'itv of m i am, i 35OU Pan American Dri.vu Miami, Florida 331 " 3 Dear Mr. G.-iry: We havf, Unt.-I Cit%'of .tiami -IrcJj nan 9-'-25- an".1 1' 42: '1110' have fcfv:ar,c'(�, th,-,i,,i c)jj: Cu.. t(., i,,tlanLoa. Tho staff ',..'ho perf0fric'J til2 }'012,r 111MCC-S f, 1, tIat t"-.e1- the 1-o,'st - I in thlis office. suvural St--ctiom- caul,i serve oF; moduls for oth('r communities in Flor i da. pjC ,- -1- I 1 :� 0 k -jr st-it on t i( ir hZird %': 1- . We look di�tr.i.cts for certit-ic,-ition r e v i Ti- wo .,e of arvY to Ip in thf-, -,(--It plc-asu Ict 115 !-"now. appl- -iat-s your intere- t in nq Florida hj-�torac S in c'- re I y L't'lte Historic FLOR I [)A - Statc of the Arts �yt`;` FLORIDA DFPARFMUfT0F•SJA1-E George Firestone cn'tor" of s„Itc DIVISION OF ARCHIVES, IiISTORY AND RECORDS MANAGEMENT The Capitol, Tallahassee, Florida 32301 (904) 488 1480 se; t,-,r-lber 2 8, 1982, Mr. Paul Chief N&tional Register I)rocjra1`lS Division GC uthu sat i. iat;al Office i� tip ,, 1 Park Service 75 Spri n,, Sauth•::est io,-lanta, 303C3 Dt r r. , .:ri.�.ir,: �� 7i;cre cue encloses the i ity cf iia;r.i OrUinanceS tdo. 9425 a no 9426 '_O this C)i fir''= 1>',. I;v., Bird •:�. r':?I'", City %lan:w-2r. ;�E_ ha-.-e 1" lltltit.. ?' (-Idinan,-US .,il.. ,:C: ill�!11j` L.. T" j t1hum f+.Dr certii.l :at1C!t: i;: a Cam f F:conomi c I:ecm-ery Tr;; i•..'t c-f I,. I-;oss I-Iorrell — t,otc, historic hrest=rvatiorn Off Jeer LI•u•i : I.1d c osurL.S f LC�t ID;'�"Stcite of the Arts 0 6 u21W cog mirwo June 30, 1982 Mr. Ray Reid Clerk of the Board of County Commissioners 73 West Flagler Street, Rm #240, 2nd Floor Miami, Florida Dear Mr. Reid: Enclosed please find a copy of Ordinance No. 9422, 9423, 9424, 9425, 9426 and 94271 in connection with the Heritage Conservation Board. Would you kindly acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return to this office for our files. Thank you. A),,NI' RECEIVED BY nar, DATE: - �U- �1/• MHgl Encl.a/s very truly yours, Matty Hirai Acting City Clerk By: lqfd Deput CiCCl6rk OFfICE 0f'1HE CIT) CI ERE.. 01� Ha!; 35U: Pan Almencar Drl,e / M.an,, florid, 33133 5'�--t.:• a C, Pf; C, C", ofPt -, R,f..., f T,�•,. Gews 1 lr MICROFIi" r*)I"!, Uc F, Howard V. Gary May 5, 1982 City Manager Revisions to Heritage Conservation r.7 Ordinance for 2nd Reading Jose6j W. McManus Acting Director Planning Department The City Commission approved the Heritage Conservation ordi- nance on 1st Reading, April 22, 1982, with the exception of a motion that would give the property owner the final decision over demolition of an historic structure. In attempting to draft language to reflect such a change in the ordinance, we have realized that several recently approved zoning district regulations would be in direct conflict with a literal inter- pretation of the motion (see attached exerpts from C-2A, MXD, and SPD-5). These ordinances reflect an established City Commission policy that when a property owner voluntarily accepts a bonus for historic preservation, he must give up the right to demolish the structure for which he received special benefits. Therefore, we have submitted the following language which will resolve the conflict with existing regu- lations and preserve what we believe to be the intent of the City Commission. (8)(b) Demolition of Existing Improvements "1. The Board shall have authority to deny a demoli- tion permit only where such authority is provided within applicable zoning district regulations as a result of granting special incentives for preservation of an historic improvement, such as but not limited to transfer of development rights, floor area ratio bonus, and special exceptions for setbacks, lot coverage, parking, etc." Several paragraphs related to denial of a demolition permit have been deleted from the ordinance for 2nd reading. These were previously numbered: (8) (a) , (8) (b) , (8) (c) , and (8) (d) 2.a. On page 21, paragraph 2: "No decision of the Board shall result in an unreasonable economic hardship for the owner." should be inserted after the 2nd sentence, in order to replace a similar statement deleted in (8)(a) of the previous ordinance. JWM : JAM : dr ATTACHMENTS 9425 9426 9427 C-2A Ordinance 9360 December 15, 1982 11. Add a new sub -section (5), Section 9 Floor Area Premiums to read as follows: (5) The floor area ratio may be increased by .25 for that portion of a property designated historic by the City of Miami Commission when the historic structure on that site is preserved in place or moved to an approved site within or adjacent to the C-2A district. The historic structure shall be preserved, reha- bilitated or restored according to the Secretary of the Interior's Standards for Historic Preservation Projects. The floor area in said historic structure shall not count in permitted floor area as per Section 8 of this district. Floor area development rights for anv designated historic prQ.perty may be transferred to another property within the C-2A District provided that a record- able instrument evidencing the transfer of development rights shall be filed as a matter of record in the Building Department of the Citv of Miami and the Circuit Court of Dade County, Florida. The floor area bonus described above may be transferred as a Dart of the development rights of designated historic property. No demolition permit shall• • be issued for said historic structure i so long as any development constructed through the bonus provision of transferred development rights is in existence , --------------------------------------------------------------- l/ Words stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 5 _ 426 9360 I Howard V. Gary May 5, 1982 City Manager Revisions to Heritage Conservation r.7 Ordinance for 2nd Reading Jose6j W. McManus Acting Director Planning Department The City Commission approved the Heritage Conservation ordi- nance on 1st Reading, April 22, 1982, with the exception of a motion that would give the property owner the final decision over demolition of an historic structure. In attempting to draft language to reflect such a change in the ordinance, we have realized that several recently approved zoning district regulations would be in direct conflict with a literal inter- pretation of the motion (see attached exerpts from C-2A, MXD, and SPD-5). These ordinances reflect an established City Commission policy that when a property owner voluntarily accepts a bonus for historic preservation, he must give up the right to demolish the structure for which he received special benefits. Therefore, we have submitted the following language which will resolve the conflict with existing regu- lations and preserve what we believe to be the intent of the City Commission. (8)(b) Demolition of Existing Improvements "1. The Board shall have authority to deny a demoli- tion permit only where such authority is provided within applicable zoning district regulations as a result of granting special incentives for preservation of an historic improvement, such as but not limited to transfer of development rights, floor area ratio bonus, and special exceptions for setbacks, lot coverage, parking, etc." Several paragraphs related to denial of a demolition permit have been deleted from the ordinance for 2nd reading. These were previously numbered: (8) (a) , (8) (b) , (8) (c) , and (8) (d) 2.a. On page 21, paragraph 2: "No decision of the Board shall result in an unreasonable economic hardship for the owner." should be inserted after the 2nd sentence, in order to replace a similar statement deleted in (8)(a) of the previous ordinance. JWM : JAM : dr ATTACHMENTS 9425 9426 9427 ° Howard V. Gary City tanager rn-'J: Ai.i7 0 — C,i rector Planning & Zoning Boards Administration 7R-C.7 ,CICRAf`10'JM `'{T?_. March 10, 1982 FILE :,,_F.CT ORDINANCE AMENDMENT - ORDINANCE 6871 ARTICLE IV, SECTION 46 .,r g COMMISSION AGENDA - March 25, 1982 PLANNING AND ZONING AGENDA iz�_CCURCS The Miami Planning Advisory Board, at its meeting of February 17, 1982, Item #5(a), following an advertised Hearing, adopted Resolution No. PAB 12-82 by a 6 to 0 vote (2 members absent) RECOHMENDING APPROVAL of amending Comprehensive Zoning Ordinance 6871, Section 46 - HERITAGE CONSERVATION, HC, ZONING DISTRICTS. An ORDINANCE to provide for this Ordinance Amendment has been prepared by t e ity Attorney's Office and submitted for consideration of the City Commission. AEPL:mo cc: Law Department "OTE: Planning De�artment recommendation: APPROVAL. PLANNING FACT SHEET APPLICANT City of Miami Planning Department: January 26, 1982 PETITION 5a) Consideration of an amendment to Comprehensive Zon- ing Ordinance 6871, as amended, by amending ARTICLE IV- GENERAL PROVISIONS, adding a new Section 46 - HERITAGE CONSERVATION,HC,ZONING DISTRICTS providing for intent and purpose, definitions, Heritage Con- servation Board, criteria and procedures for desig- nation of Heritage Conservation zoning districts, require- ments for Certificates of Appropriateness, and spe- cial provisions for administration and enforcement; and providing for inclusion of same as ARTICLE 16 of the proposed new Zoning Ordinance of the City of Miami, Florida. and b) Consideration of amendment to Chapter 62, Zoning and Planning, of the Miami City Code by adding a new ARTICLE VII HERITAGE CONSERVATION BOARD; pro- viding -for establishment; membership; functions,. powers, and duties generally; proceedings; com- pensation; and Heritage Conservation Officer ap- pointment and duties. and c) Consideration of amendment to Chapter 17 ENVIRON- MENTAL PRESERVATION of the Miami City Code by deleting Section 17-4, Environmental preserva- tion review board, and substituting a new Sec- tion 17-4 Heritage Conservation Board; deleting Section 17-5 Administrative assistant to en- vironmental preservation review board and substi- tuting in lieu thereof a new Section 17-5 Heri- tage Conservation Officer; deleting all other references to the environmental preservation review board and substituting in lieu thereof the Heritage Conservation Board; and providing for a delayed effective date to coincide with the official appointment of the Heritage Con- servation Board. BACKGROUND In September 1981, the City Commission approved an Interim Heritage Conservation Zoning District ordinance to establish general policies and pro- cedures for regulation of a limited number of historic sites, to take effect for one year while a detailed permanent ordinance for Heritage Con- servation is being implemented. Dade County has provided a deadline of July 1, 1982 for the City to approve a permanent ordinance, otherwise the Dade County Historic Preservation Ordinance will take effect within the City limits. Thus, the permanent ordinance for the City of Miami is being presented at this time, to allow sufficient time for approval by July 1, and for appointment and implementation of the new Heritage Conser- vation Board prior to the expiration date of the "Interim" ordinance in October 1982. ANALYSIS 5a) The GENERAL PROVISTONS for the HC zoning districts establish the legal basis and intent for regulat- ing historic properties and describe the procedures and guidelines to be used. There would be three potential types of HC zoning districts: an indi- vidual historic site, a historic district, and an archeological zone. The Heritage Conservation Board would make the initial determination as to whether a property or area qualifies under the cri- teria for historic designation. If so, then the proposal would go through the normal zoning a- mendment process to become an officially designated HC zoning district. The zoning amendment may, if appropriate, contain changes in any element of the existing zoning district such as use, setbacks, parking,etc. Once a property is zoned HC, the Heritage Conservation Board or staff would re- view and approve most changes in the exterior ap- pearance of site improvements. Guidelines are provided for such review process and safeguards against economic hardship are established for the owner. 5b) The HERITAGE CONSERVATION BOARD would be created separately in the same chapter of the City Code which creates the Planning Advisory Board and Zoning Board. The HC Board would have nine appointed citizens, six of which would have to have special training and experience in fields related to the work of the Board. The new HC Board would also replace and take on the res- ponsibilities of the existing Environmental Preservation Review Board. 5c) In order to consolidate the Environmental Preser- vation Review Board with the new Heritage Con- servation Board, Chapter 17, ENVIRONMENTAL PRE- SERVATION must be amended to change all references to the Board. All other environmental regula- tions would remain unchanged. RECOMMENDATION Y LAUNING DEPARTMENT APPROVAL PLANNING ADVISORY 2/17/82 RECOMMENDED APPROVAL of (a)(b) & (c) by BOARD 6 to 0 votes.