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HomeMy WebLinkAboutO-09426l (� ORDINANCE No. 9 4 ? 6 AN ORDINANCE AMI]NDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING" BY ADDING A NEW ARTICLE, VII TO SAID CHAP- TER 62 ESTABLISHING A HERITAGE CONSERVA- TION BOARD AND PROVIDING FOR BOARD M M- BERSHIP, FUNCTIONS, P0WERS AND DUTIES GENERALLY, PROCEEDINGS AND NO COMPENSA- TION; FURTHER, PROVIDING FOR APPOINTMENT OF A HERITAGE CONSERVATION OFFICER A14D DUTIES OF SAIL) OFFICER AND BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE;. WHEREAS, the tMiami Planning Advisory Board, at its meeting of February 17, 1982, Item No. 5(b), following an advertised hearing, adopted Resolution No. PAP 13-82 by a unanimous vote, (2 members absent) RECOMMENDING APPROVAL of amending Chapter 62 of the Code of. the City of Miami as hereinafter set forth; and WHEREAS, the Miami 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 Iliami's historical, cultural, archeological, aesthetic, and architectural heritage; and WHEREAS, much of Miami's rich and varied heritage is embodied in its buildings, improvements, landscape features, archeological sites, areas, neighborhoods, and scenic vistas; and WHEREAS, the Miami Comprehensive Neighborhood Plan recanmends adoption of an ordinance to Protect the City's heritage as embodied in such buildings, improvements, land- scaj?e features, archeological sites, areas, neighborhoods, and sconi.c vistas; and MIEREAS, Metropolitan Dade County Ordinance No. 81-13 0 f 11, provides that all municipalities shall have up to and in- cluding July 1, 1982 to adopt local ordinances with respect to historical districts, sites, and archeological zones; and that such ordinances shall provide for establishment of an historic preservation board with powers and duties; and WHEREAS, the Pliami 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 a Heritage Conservation Board; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIA[41 , FLORIDA: Section 1. Chapter 62 of the Code of the City of Miami, Florida, as amended, relating to Planning and Zoning, is hereby further amended by adding a new Article VII - HERITAGE CONSERVATION BOARD as follows: ARTICLE VII - HERITAGE CONSERVATION BOARD Sec. 62-70 Establishment There is hereby established a board, to be known as the City of Miami Heritage Conservation Board, for the pur- pose of carrying out the provisions of Article IV, Sec- tion 46 of Ordinance No. 6871 the Comprehensive Zoning Ordinance for the City of Miami, as amended and the provisions of Chapter 17 of the Miami City Code. Sec. 62-71 Membership The heritage Conservation Board shall consist of nine (9) members, to be appointed by the [;iam.i City Commis- sion. a) Qualifications - It is intended that members of the Heritage Conservation Board established by this article shall be persons of knowledge, experience, mature judg- ment and background, having ability and desire to act in the public interest and representing, insofar as may be possible, the various special professional training, experience, and interests required to make informed and -7i e,uitable decisions concerning conservation and protec- tion of the physical environment. To that end, quali- 41 of members shall be as follows: 1) One (1) member shall be an architect regi- stered in the State of Florida. 2) One (1) member shall be a landscape architect registered in the State of Florida. 3) One (1) member shall be a historian or archi- tectural historian qualified by means of edu- cation or experience and having demonstrated 2 9426 �' U (, knowledge and interest in Dade County history or architectural history. 4) One (1) member shall be a registered archi- tect or architectural historian having demon- strated knowledge_ and experience in architec- tural restoration and historic preservation. 5 ) One (1) member_ shall be an experienced real estate broker licensed by the State of Florida. 6) One (1) member shall be a person experienced in the field of buSi11eS5 and finance or law. 7) Three (3) members shall be citizens with demonstrated knowledge and interest in the historical and architectural heritage of the City and/or conservation of the natural en- vironment, and may also qualify under any of the above categories. b) _Procedure For Appointment - No appointment shall be made by the City Commission to membership on the Heritage Conservation Board until the City Clerk shall have given notice of the vacancy in a newspaper of general circulation in the City at least thirty (30) days prior to the making of an appointment, and the City Commission shall have solicited and encouraged public, professional, and citizen organizations having interest in and knowledge of the purposes and intent of the Heritage Conservation Board to submit names of per- sons and their qualifications as prospective appointees to the Board. At least five (5) days prior to the making of any appointment, the City Clerk shall public- ly make announcement that the list of the names sub- mitted, together with a short statement of the qualifi- cations of each person, is prepared and available for public inspection and consideration. In addition, the City Clerk shall, at least five (5) days prior to the making of any appointment, publicly make announcement that the names of prospective nomi- nees submitted by members of the City Commission, and a short statement of qualifications of such persons, are available for public inspection and consideration. No person shall be appointed to membership on the Heri- tage Conservation Board whose name and qualifications have not been made publicly available in the manner set out. In reaching a decision on any appointment, the City Commission shall give due consideration to the qualifications thus submitted. c) Terms of Office - Members of the 'Ieritage Conserva- tion Board shall be appointed for three (3) year terms, except that members of the first Board appointed under this article shall be appointed as follows: three (3) members for a term of one (1) year, three (3) members for a term of two (2) years, and three (3) members for a term of. three (3) years. Members may be reappointed to consecutive terms, subject to the procedures in part (b) above. d) Vacancies - Vacancies in the membership of the Heritage Conservation Hoard shall be filled by the City 3 9 Commission in the manner set forth in part (b) above, and shall be only for the unexpired term of the member affected. e) Removal - Members of the heritage Conservation Board may be removed for cause by vote of not less than three (3) members of the City Commission; however, whenever a member shall have within a calendar year, three (3) unexcuse(I absences from regularly scheduled meetings, the chairman shall certify same to the City Commission. Upon such certification, the member_ shall be deemed to have been removed and the City Commission shall fill the vacancy pursuant to part (d) above. Sec67-72 Functions, Powers and Duties, Generall In addition to such other powers, duties and authority as may be set forth elsewhere in the City Code and in Ordinance No. 6871, the Comprehensive Zoning Ordinance, the Heritage Conservation Board is hereby authorized to: 1) Maintain and update files from the Dade County Historic Survey within the City of Miami for the purpose of identifying and con- serving those properties and neighborhoods of special historic, aesthetic, architectural, archeological, cultural, social, or political value or interest. It shall endeavor to improve and expand the survey with additional sites, documentary information, oral his- tories, and other such materials as may become available; and to periodically reeval- uate the survey to determine whether changing times and values warrant recognition of new or different areas of significance. 2) Recommend properties for designation as his- toric sites, historic districts, and archeo- logical zones pursuant to Article IV, Section 46 of the Comprehensive Zoning Ordinance, and advise the Planning Department in the prepa- ration of regulations and reports for HC zoning amendments. 3) Serve as a quasi-judicial instrument to approve or deny Certificates of Appropriate- ness pursuant to Article IV, Section 46 of Ordinance No. 6871, the Comprehensive Zoning Ordinance. 4) Recommend to the City Commission, in refe- rence to specific properties or general pro- grams, the use of preservation incentives such as, but not limited to transfer of de- velopment rights, facade easements, financial assistance, public acquisition, building code amendments and special zoning regulations. 5) Serve as a quasi-judicial instrument to approve or deny tree removal permits and cer- tificates of approval for tree removal and development activity in Environmental Preser- vation Districts, pursuant to Chapter 17 of the City Code. 4 6) Maintain a record of unique environmentally significant lands or sites within the City. 7) Increase public awareness of the value of heritage conservation by developing and par- ticipating in public information programs. 8) Make recommendations to the City Commission concerning the utilization of grants from Federal and State agencies or private groups and individuals, and utilzation of City funds to promote the preservation of environmen- tally, historically and aesthetically signi- ficant properties and neighborhoods. 9) Promulgate standards for architectural review in addition to those general standards con- tained Article IV, Section 46 of Ordinance No. 6871, the Comprehensive Zoning Ordinance. 10) Evaluate and comment upon decisions of other public agencies affecting the physical deve- lopment and appearance of environmentally, historically and aesthetically significant properties and neighborhoods. 11) Contact public and private organizations and individuals and endeavor to arrange interve- ning agreements to ensure preservation of environmentally, historically or aestheti- cally significant properties for which demo- lition or destruction is proposed. 12) Promote and encourage communication and ex- change of ideas and information between the Board and owners of historically and environ- mentally significant properties, potential developers, public officials, financial institutions, etc. 13) In the name of the City and with the consent of the City Commission, apply for, solicit, receive, or expend any federal, state, or private grant, gift, or bequest of any fund- ing, property, or interest in property in furthernance of the purposes of environmental and heritage conservation. 14) Approve historic markers and issue recogni- tion to historic properties within the City of Miami. 15) Adopt and amend rules of procedure. 16) Advise the City Commission on all matters related to the use, administration, and main- tenance of City -owned historic properties and Environmental Preservation Districts. 17) Any other function which may be designated by resolution or motion by the City Commission. Sec. 62-73 Proceedings a) officers - The Heritgage Conservation Board shall select a chairperson and vice chairperson from among 5 942'6 0 f -I its members to serve for a one-year term and may create and fill such other offices as it may deem necessary or desirable. b) Rules of Procedure - The Heritage Conservation Board shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provision the City Charter, ordi- nance and resolutions. Such rules of procedure shall be available in written form to persons appearing before the Board and to the public upon request. c) tleetings - The Heritage Conservation Board shall meet at least once per month, except august, with all meetings open to the public. d) Voting; Quorum - All decisions and recommendations of the Heritage Conservation Board shall require a con- curring vote of a majority of the members present. Five (5) members shall constitute a quorum. e) Disqualification of Members - If any member of the Heritage Conservation Board called on to sit in a par- ticular matter shall find that his private or personal interests are involved in the matter corning before the Board he shall, prior to the opening of the discussion on the matter, disqualify himself from all participa- tion of whatsoever nature in the cause; or he may be disqualified by the votes of not less than a majority of total membership of the Board, not including the member about whom the question of disqualification has been raised. f) Assignment of Personnel - The City Manager shall assign adequate staff for the Heritage Conservation Board to carry out its responsibilities and duties, including but not limited to, representatives from the Departments of Planning, Planning and Zoning Board Ad- ministration, Law, and Building and Zoning Inspection. g) Public Record - Minutes of each Heritage Conserva- tion Board meeting shall be prepared by staff represen- tatives assigned by the City Manager, under the super- vision and direction of the Board. Copies of the minutes and all certificates issued by the Board shall be filed with the City Clerk. Sec. 62-74 Compensation The members of the Board shall serve without compensa- tion, but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to the prior approval of the Director of the Planning Department. Sec. 02-75 Heritage Conservation Officer The City Manager shall appoint a person from the Plan- ning Department to serve as Heritage Conservation Officer to assist the Heritage Conservation Board. The appointee shall be experienced and knowledgeable in respect to architectural history, urban design, local history, landscape materials, site planning, and land use control regulations. In addition to such duties as may be set forth in Chapter 17 of the City Code and Article IV, Section 46 of Ordinance No. 6871, the Com- prehensive Zoning Ordinance, the Heritage Conservation Officer shall: 1) Schedule meetings of the Heritage Conserva- tion Board, prepare agendas, and ensure that proper notice is carried out by persons or departments assigned to such duties. 2) Provide applicable advice, standards, guide- lines and procedures to prospective appli- cants for Certificates of. Appropriateness in HC zoning districts and for development acti- vity or tree removal in Environmental Preser- vation Districts. 3) Upon receipt of a complete application for a Certificate of Appropriateness in an HC zoning district, or for tree removal or deve- lopment activity in designated Environmental Preservation Districts, review such applica- tion, which may include a field check of the site and referral to other departments or agencies as necessary, to determine any adverse effect upon the public welfare; and approve or deny Standard Certificates of Ap- propriateness. 4 ) maintain and update an official map delinea- ting Environmental Preservation Districts and a photographic documentation of all offi- cially designated sites. 5) Ensure that notice of the application for a tree removal permit is mailed to adjacent property owners. 6) Prepare summary reports of all decisions on applications for tree removal permits, certi- ficates of approval in Environmental Preser- vation Districts, and all Certificates of Appropriateness in the HC zoning districts, including criteria and conditions for approval or denial. 7) Issue all approved Certificates of Appropri- atene�ss in HC zoning districts and certifi- cates of approval for development activity in Environmental Preservation Districts. 8) Review and approve all final development plans in HC zoning districts and Environmen- tal Preservation Districts for compliance with terms and conditions of applicable cer- tificates of approval or Certificates of Appropriateness, prior to issuance of any building permit. 9) Work with other City departments, public agencies, and private groups as required to provide a continuing effort to protect and preserve significant elements of the man-made and the natural evironment through public education and encouragement of sound conser- vation policies. Section 2. All ordinances, code sections or parts 11 0 of laws in conflict herewith are hereby repealed insofar as they are in conflict. Section 3. 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 I3Y TITLE ONLY this 22nd day of Apri l , 1982. PASSED AND ADOPTED ON S3?.COND AND FINAL READING BY TITLE ONLY this 27ti, day of May , 1982. Maurice A. Ferre MAURICE A. FERRE, Mayor ATT RAL -i G. ONGIE, City Clerk PREPARED AND APPROVED BY: J 'EL E. MAXWELL \,�'ssistant City Attorney APPROVED AS TO FORM AND CORRECTIONESS: GLTO�QE F . t KNOX , JR . City !AAttorney Ef 9 4 116 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday. Sunday and Legal Holidays Miami, Dade County. Florida STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Dannee Is the tthie Publisherrof the tuve. who oMiami Review andn oath says that Daily Assistant Record, adaily (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. 9426 X X X ... Court, ...... In the . ..... ................... was published in said newspaper in the Issues of June 9, 1982 Aftiant 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 Holidayys) and has been entered as second class mail matter at thedool off ce yearn Miami in said Dade County, Florida, for a Period next preceding the first publication of the attached copy of advertisement; and stile rson, II�rm or er corporationshe any discouher P not promised any pe if advateertisementl fop blssion icetion Innd orthe esaidnewspaper. ose of uring this � tttlY! i l li}-S1�6m po f 'ntl subscribed before me this 9th � day or June • A.D. 19 82 Terrie Franco Notary Public, Slate of Florida at Large D r.� (SEAR My Cot&aslon expires Dec. 21, 1985. NOTICE IS HEREBY GIVEN pur- suant to an Order or Fin .,4udg ment dated MAY 14, 1, `and entered in Civil Action G, . No. 82.7621 of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida. wherein CARNEGIE CONSTRUCTION COMPANY, a Florida corporation. Plaintiff, and FRANK PETTY, Defendant, I will sell to the highest and best bidder for cash In the lobby at the South front door of the bade 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 wit: Lot 20, Block 2 of HIOHRIDGE PARK, per Plat thereof, recorded In Plat Book 17 at Page 5 of the Public Records of Dade County, Florida; together with the Improve- ments thereon. Also known as 2351 N.E. 56th Street, Miami, 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 Burton Engels 25 W. Flagler St. Miami, Fla. 33130 373.4713 First publication of this notice on the 2 day of June, 1962. 612.9' M82.060288 gf31 iC€ Cfr= 3ALt PtJRlIUAI�i1r 1 f� CNAPtE♦ 48 tN7 THE COURT TH JUDIC EAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY CIVIL ACTION NO.81.186 Section 10 OASIS, A CONDOMINIUM ASSO• CIATION, INC. Plafnillf .vs- URIEL OOUENDO alkla URIEL OUENbO, 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 OOUENDO alkla 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: 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. 82.1740 Section 30 FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI Plaintiff vs CRAIG A. CARAGLIOR, of al. Defendants SAM FRANK Crossplaintiff vs CRAIG A. CARAGLIOR and BERNADETTE J. CARAGLIOR, his wife Crossdefendants NOTICE IS HEREBY GiVEN put-', suant to an Order or Final Judg- ment dated MAY 13, 1982, and entered in Civil Action Case No. 32.1740 of the Circuit Court of the 'leventh Judicial Circuit in and for Dade County. Florida, wherein rLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, Plaintiff, and CRAIG A. CARAGLIOR, at al., Defendants, and SAM FRANK, Crossplaintiff, and CRAIG A. CARAGLIOR and BERNADETTE J. CARAGLIOR, his wife, Crossdefendants, 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: Condominium Parcel des- ignated 9712 NW 51h Lane, Miami, Florida, located in Building No. 64, 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 9646, at Page 500, and Condominium Plan Book 55, at Page 1, and amended by Amendment No, i as recorded under Clerk's File No. 77R3775, Amendment No. 2 as recorded under Clark's File No. 77R.30889, Amendment No. 3 as recorded under ­­1- - I ......... - .. 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. 612.9 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 .v s- ALFREDO MUJICA and BERTA MUJICA, his wife, at 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, at 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 in 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: Lot 7, Block 5, MAYSLAND SUBDIVISION, according to the Plat thereof as recorded In Plat Book 10 at Page 1 of the Public Records of Dade County, Florida, alkla 2800 Northwest 15th Street, Miami, Florida. Dated this 1st day of June, 1982. RICHARD P. BRINKER Clerk of said Circuit Court (Circuit Court Seal) by Suzanne Rupena Deputy Clerk Attorney for Plaintiff CHAD P. PUGATCH, gSQ. Cooper, Shahady 1<.fi Aw i Pugatch s IT e 8� E is B cl J. C al hi in d( h( id 111; in in to (Cl Atf Ali 931 MI, 661 1 on 612 Pi IN E MR 131 pf tNF sr�rE • .,yCop We�K��• FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT The Capitol, Tallahassee, Florida 32301 (904) 488.1480 September 28, 1982 Howard V. Gary, City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Gary: We have reviewed the City of Miami Ordinances No. 9425 and 9426 and have forwarded them with our comments to Atlanta. The staff who performed the review of your ordinances felt that they were the best received in this office. Several sections could serve as models for other communities in Florida. Please compliment your staff on their Rard work. _ We look forward to receiving Miami's proposed districts for certification review. If we can be of any help in the preparation of district documentation, please let us know. Secretary of State George Firestone appreciates your interest in preserving Florida's historic resources. LRM:Mdc Enclosures sincerely, `-- L. Ross Morre State Historic Preservation Officer FLsORIDA-State of the Arts r z1� FLORIDA DEPARTMENT OFSTATE George Firestone Secretary of State DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT The Capitol, Tallahassee, Florida 32301 (904) 488.1480 September 28, 1982 Mr. Paul H artaig, Chief National Register Programs Division Southeast Regional Office National Park Service 75 Spring Street, Southwest Atlanta, Georgia 30303 Dear Mr. Fart;oig: There are enclosed the City.of Miami Ordinances No. 9425 and 9426 forwarded to this office by Howard V. Gary, City Manager. we have reviewed the ordinances and we highly r`commerd them for certification in accordai;ce with the provisions of the Economic Recovery Tax Act of 1981. LRM:Mdc Enclosures Siincerley, L. Ross Morrell State historic Preservation Officer FLORIDA-State of the Arts O�a D1 w 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 9427, 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. RECEIVED BY -CIO DATE: ( - �C�• SrY• • r;r, MHgl Encl.a/s Very truly yours, Matty Hirai Acting City Clerk By: Deput Cit Cl&k RP f A G 0� CI', Cif i MA,TT` nEPI T1 C11e CIE::, Rot!-' f Ti^v Gvwr Y l s6la ki MICRO`Iitii nli: D � . F off ICE OF9HE CITE CLERK / Cir> HO ' 35CK Pan American Drive; Miami. IIorida 33133 1 57S-t.�. 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 pC . Howard V. Gary ;-F March 11, 1982 -ALE. City Manager 79 �Perez-L*oftsl Director Planning & Zoning Boards Administration Department__^ ORDINANCE AMENDMENT - CHAPTER 62 OF THE CITY CODE OF MIAMI - ADDITION OF ARTICLE VII-HERITAGE CONSERVATION COMMISSION AGENDA - March 25, 1982 PLANNING A14D ZONING AGENDA The Miami Planning Advisory Board, at its meeting of February 17, 1982, — • Item #5(b), following an advertised Hearing, adopted Resolution No. PAB 13-82 by a 60 to 0 vote (2 members absent) RECOMMENDING APPROVAL of amending Chapter 62, Zoning and Planning, of the Miami City Code by adding a new ARTICLE VII HERITAGE CONSERVATION BOARD. An ORDINANCE to provide for this Ordinance Amendment has been prepared by theCity Attorney's Office and submitted for consideration of the City Commission. AEPL:mo cc: Law Department NOTE: Planning Department recommendation: APPROVAL.