HomeMy WebLinkAboutO-09317■
ORDINANCE NO, .. a... �., 7
AN ORDINANCE ESTABLISHING AN INTERINNi
ZONING DISTRICT TO BE KNOWN AS HERITAGE
CONSERVATION INTERIM ZONING DISTRICT, AS
PROVIDED IN ARTICLE IV; GENERAL PROM--
SIONS, SECTION 89, OF ORDINANCE NO, 6871
THE COMPREHENSIVE ZONING ORDINANCE FOR
THIS CITY OF MIAMI, REQUIRING A PUBLIC
HEARING AND APPROVAL BY THE CITY COM-
MISSION PRIOR TO DEMOLITION Or ANY HIS-
TORIC STRUCTURE IN THESE DISTRICTS AND
REQUIRING DESIGN APPROVAL BY THE URBAN
DEVELOPMENT REVIEW BOARD PRIOR TO ANY
-
ALTERATION OR, NEW CONSTRUCTION AFFECT-
ING THE EXTERIOR APPEARANCE OF STRUC-
TURES AND FEATURES IN THESE DISTRICTS;
AND BY REPEALING ALL LAWS IN CONFLICT
HEREWITH; AND CONTAINING A SEVERABILITY
CLAUSE,
WHEREAS, the. Miami City Commission finds that'in
order to protect the educational, cultural, economic, and
general welfare of the public and promote a sense of
identity, stability, and civic pride amongst City residents,
it is necessary to recognize and conserve significant ele-
ments of Miami's cultural, social., political, economic,
architectural, and archeological heritage; and
WHEREAS, pursuant to recommendations.of the Miami Com-
prehensive Neighborhood Plan and to Motion 79-326 of the
Miami City Commission, the Planning Department is currently
preparing an historic preservation program including docu-
mentation and evaluation of historicsites, plans and in-
centives for conservation of historic sites, methods and
materials for public education and appreciation, and an
ordinance to create heritage conservation zoning districts;
and
WHEREAS, the niiami City Commission finds the need to
create a mechanism for monitoring changes in historic pro-
perties during the interim time period required for imple-
mentation of the comprehensive heritage conservation pro-
gram, plains, and zoning ordinance in order to promote proper
maintenance and restoration and to prevent unnecessary
damage or destruction to those historic properties; and
WIIEREAS, the proposed Heritage Conservation Interim
Zoning District regulations as hereinafter set forth pro-
vide such a mechanism for monitoring,changes to, historic
properties; and
5
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WHEREAS, the Miami planning Advisory Baard, at'its —
meet ing of Janttaiy 211 1981, item No, S (a) , following
an advertised hearing, adopted Resolution No, PA13 1=81
by a 5 to 2 vote, recommending approval of the establish
ment of Heritage Conservation Interim Zoning bistricts.,
as hereinafter set forth; and
WHEREAS, the 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 establish-
ment of this Interim Zoning District;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. As provided in Article IV,,GENERAL PRO-
VISIONS, Section 39, of Ordinance No. 6871, the Compre-
hensive Zoning Ordinance of the City of Miami, Heritage
Conservation Interim Zoning District regulations are
hereby established as follows:
HERITAGE CONSERVATION INTERIM ZONING DISTRICTS
Section 1 - Intent
The purpose of Heritage Conservation Interim
Zoning Districtsis to provide for public review
and approval of any proposed demolition or a1
teration by renovation or new construction to
major historic properties until such time as
a detailed historic preservation plan is completed
and -necessary zoning ordinance revisions are
adopted. Regulations relating to Interim Heri-
tage Conservation Zoning Districts are intended
to.
a) promote the educational, cultural,
economic, and general welfare of
the public through the protection and
enhancement of properties which rep-
resent significant elements of cul-
tural, social, economic, political,
archeological, or architectural his-
tory of the city, state, or nation;
b) safeguard the cultural, social, eco-
nomic, political, archeological and ar-
chitectural heritage of the city,as em-
bodied and reflected in such properties;
c) foster civic pride in the accomplish-
ments of the past;
d) preserve and enhance the aesthetic and
environmental character, diversity; and
interest of neighborhoods;
'�''
e) stabilize and improve property values
in neighborhoods and in the City as a
whole,,
f) protect and enhance the City's attrac-
tion to residents, tourists, and visitors
and serve as a support and stimulus to
business and industry,
Regulations relating to such districts are further
intended to:
a) prevent destruction of historic proper-
ties without due consideration for the
values represented therein or the pos-
sibility of.preservation of the property
for use in an economically productive
way;
b) assure that alterations to historic pro-
perties are compatible with the character
and integrity of the property;
c) assure that new structures, uses, or fea-
tures within historic properties will be
compatible with the character and integ-
rity of the property.
Section 2 - District Boundaries
The interim zoning district regulations set forth
herein shall be applied generally to properties
containing buildings, structures or features which
meet the criteria for listing on the National
Register of Historic Places,; and where specific
boundaries are hereafter applied by ordinance.
Section 3 - Effect of District
All buildings or structures or parts thereof erected,
altered, or used, or land or water used, in whole
or in part, shall meet all existing applicable
zoning and.building code regulations, except that
such regulations are modified by the terms and
provisions of this ordinance which shall take
precedence.
Section 4 - Demolitions
No demolition permit shall be issued and no per-
son shall demolish or cause to be demolished
any part of a designated historic structure within
an Interim Heritage Conservation zoning district
without the prior approval of a majority of the
City Commission following a Public Hearing pur-
suant to Section 62-55 of the Miami City Code.
Such public hearings shall be.held within thirty
(30) days from the date of filing of an applica-
tion for a demolition permit in the Building De-
partment, The Commission shall not approve de-
molition of designated historic structures unless
it finds that such approval is.necessary in the
public interest or that,failure to grant approval
will result in unreasonable economic hardship
for the owner,
The regulations in this section shall apply
only to structures or portions of structures
specifically designated as having major
historical significance, Generally, an.cil.--
lacy structures and Site improvements that
are not important to the.Historical in -
of the property shall not require
a public hearing and City Commission approval
prior to demolition. A map of specific
structures and improvements subject to the
provisions of this section shall be appended
to the adopting ordinance.
Section 5 _ Alterations, New Construction
No permits shall be issued and no person shall
carry out or cause to be carried out any of the
following actions within the Interim Heritage
Conservation district without first obtaining
written approval. by the Urban Development
Review Board:
a) Changes in the exterior appearance
of Historically important structures
and :features so designated in the
ordinance adopting each interim HC
district. Changes in exterior
appearance shall mean any additions,
reconstructions, alteration, re-
modeling or maintenance involving
change in color,. form, texture or
materials.
b) Erection of new structures or.major
additions to existing structures any-
where within an interim HC district.
Major additions shall be defined
as greater than 50 percent of the
volume of the existing structure.
c) Moving, in whole or in part, of any
historically important structure or
feature so designated in the ordinance
adopting each interim HC district or
moving any other structure or feature
to a location within 50,feet of any.
historically important structure.
d) Disturbance of any historically sig-
nificant vegetation, geological, or
archeological features specifically
identified in the ordinance adopting
each HC district,
e) Provision of off-street parking'for
three or more vehicles visible from
public ways,
f) Subdivision of existing property
ownerships.
The decision by the Urban Development Review
Board shall be made within thirty (30),days of
receipt of a complete application including a
full description of the proposed wort, such as
detailed drawings and specifications,.samples,
photographs, or any other documentation
requested by the Board, Whenever requested
by the applicant or any member of the Urban
Development Review I3aord, spacial advice and
testimony shall be obtained from a profes-
sional restoration architect, architectural
historian, or historian.
Generally, for applications relating to
property in Interim Heritage Conservation
districts, the proposed work shall not adversely
affect the exterior architectural features of
the subject structure or feature and its
neighboring structures and surroundings, nor
shall the proposed Work adversely affect the _
special character or special historical, ar-
chitectural or aesthetic interest or value of
the district, Decisions_ by the Urban Develop-
ment Review Board shall be guided by the, Secre-
tary of the Interior's Standards for Historic
Preservation Projects with Guidelines for Apply -
the Standards (U.S. Govt, Printing Office Stock
No. 024-016-00105 -2). Decisions by the Urban
Development Review Board shall not impose an un-
reasonable economic hardship upon the owner.
For the purpose of remedying emergency conditions -
dangerous to life, health or property, nothing con-
tained herein shall prevent the immediate temporary
repair of a structure or feature within an interim
HC district, provided that only such work as is -
reasonably necessary to correct the hazardous con-
dition may be carried out without prior approval ■
by the Urban Development Review Board.
Any citizen may appeal -any decision of the Urban
Development Review Board as it relates to this
ordinance to the City Commission by filing within
.fifteen (15) days after the date 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 of twenty-five dol-
lars to cover cost of publishing and mailing .
notices of hearing. The City Commission shall hear
and consider all facts material to the appeal and
render a decision promptly. The City Commission
may affirm, modify, or reverse the Board's decision.
The decision of the City Commission shall constitute
final administrative review, and no petition for re-
hearing or reconsideration shall be considered.
Section G - Time Limits
The Interim Heritage Conservation districts spe-
cified herein shall continue in effect for a time
period not greater than one (1) ,year from'the date
of final enactment of this ordinance and shall auto-
matically become null and void at the end of this
period, The City Commission may extend the time
limit on any individual district for a period of
six (6) months after due notice to property owners
within the district and a public hearing on said
extension. There shall be no more than three,(3)
extensions of time allowed for an established in-
terim zoning district.
Section 7 - Recording
All approved Heritage Conservation Interim ,
Zoning Districts shall be properly designated
on the official zoning daps of the City, and
shall reflect the adopting ordinance ntlmber,
Section 2. That all laws or parts of laws in conflict
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 personslly appeared
Olanne Stuver,'who on oath says that she is the Assistant to
the Publisher of the Miami Review and Deily 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., 9817
in the ........X .�'.}'........................: Court,
was published In said newspaper in the Issues of
Oct. 2, 1981
Afflant further says that the said Miami Review and Daily
Rscord la a newspaper published at Miami in said Dade County,
Florida; and that the said newspaper has heretofore been
continuously published in said Oade. County, Florida, each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail' matter at the post office In
Miami In said Dade County, Florida, for a period of one year
next preceding the first publication of the attached copy of
advertisement; and afflent further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebe,
a. commission or refund for the purpose of securing this
advertisement for publication I�n� the said newspaper. '
G.L.C.L.
i 1 o to and subscribb� before me this
2T1C1., dray of ,0�t..:..:'.. �. . A.O. 1 g, .8-1.
},� A Betty J. -Brooks
Notary Public, State of Florida at Large
(SEAL)
My Commission expiras `June 1, 1983,
MR 110
Wrtiferf,deftih§e; tf:s]ftyrf
'ale .T 1=FA13ft51lff, Ftilti i8H;
on, OA, attbmdd tot i?etfilohbi,
>e addfess is 260 S,E. NO
II, Sufie`fibi MIAMI, Fidtfdd
I, ehd. file the '6001h9t with
lark of the above styled court
rbefore d6t6b6l' iSlh, 1081;
wise A delautt will be ehtered
tst you for- the,rellef prayed
i the comp)alhi Ot petition:'
Is:nottce shelf be published
each week for four consec;
weeks in MIAMI REVIEW AND
Y f�ECOfi6.;
TNESS my hand ehd the seal
yid court at Miami, Florida on.
loth day of September, 1961,
RICHARD P.,BRINKER,
As Clerk, Circuit CouN
;lade County, Florida
fit Court -Seal)
3y K. SEIFAII D
Mks Deputy Clerk
IT. FREEMAN
MAN A GOLDEN, P,A.
Z First Street
1101
i, Florida 33131
te) (305) 399.4744
i ey:fot Petitioner
9.251012 M61-091t49
:E OF ADMINISTRATION
E CIRCUIT COURT FOR
1E COUNTY, FLORIDA
BATE DfvisloN
Number 04843
,ion 04
ESTATE OF
ODORE R. HAMAKER
-.ased
administration of the estate
EODORE R., HAMAKER,
sed, File Number 81.7843,
ling In the Circuit Court for
;ounty, Florida;. Probate Divi-
he address of which is 73
Flagler Street, Miami, Flor•
3130. The'. names:; and
ises of the', personal repre-
ive and the personal repre-
ive's attorney are set forth
Interested persons are
ed to file,:with this court,
N THREE MONTHS OF -THE
PUBLICATION OF THIS
E. (1) all claims against the
and (2) any objection by an
tied person to whom notice
salted that challenges. the
1 of fhe'will, the'qualifica:
A the personal representa-
mue, or jurisdiction of the
CLAIMS AND OBJECTIONS
D FILED WILL BE FOREVER
:D,'
ication of this Notice has
ou Sept, 25,.1981:
!rsonal Representative:
:LENE-M. HAMAKER
61 N.W. 176 Terrace
ami, Florida 33055 .
?y for Personal
entatve:'
V O. BONIDY
N. 183 Street
)it 3448
Florida 33169
ne: 652.7700
'2 M810925AE
i�d Mahah Li,%owd0; "WA btojt,
1
3wdemtdfar filt'td-6h 80011;Allort
,ulth the: pbdodt 66rh f 0168116mb
Pi
SbriirYlis§ititi f6t a how PM at6116h
at Miamit Pwrldaon 06t MHI
61 13t
with ah 6061`6116i 06wdr,
kw unlimiledtitfIb dhd' dh aht hied
'966
:. 5
h6lohl of filet, thp.ttaftmlt-,
(ef,166016h will bo 5f15 NW188th
Streef, Miaml, Flofide,.1'ha gtudi6
4it8i
will be i6ddtdd at 825 di,§t 80ee4
ui'tgi
Midnill3666h,.. ;.
Fbfa
A do y'of thfs'appfiCeti6t9 arid,
q t.-
arty;
r'efated material§ Ate available ►, r_
public. fnspedflon duf(hg 4egufar
busihess .hoots at the:offides- tsl.
Harty Bohdet; -119 East_�16gfer;u
=
Sulte 181, Miami, Florida,
10/1.2.5r6 M8l•t06103
_
ttlG' lot OF AbMINISTRAflow
„ rA
IN THE- CIRCUIT COURTFOR,'
has' —
DADE COUNTY; FLORIDA,;
PROBATE DIVISION
FileNumb6r811•7500=
Cory%
Division.03,:
ELLI'i
IN RE: ESTATE OF
_
li
N .
PAMELA YVETTE JOHNSO..
Ida
Iile 3
'Deceased' ,
TO ALL PERSONS HAVINt7.
the i
t I!
CLAIMS . OR.. DEMANDS,
'AGAINST,THE
h
ABOVE ESTATE'
1981,
AND ALL OTHER PERSONS.
INTERESTED IN THE ESTATES._
hieni
agalrj
YOU ARE HEREBY. NOTIFIED,
in.thi
that the administration of the estate
Vvl
of Pamela Yvette Johnsoh;
of=tli
deceased, File Number81.750%.
_
St pt
Is pending In the Circuit Court for
Dade County, Florida, Probate Divi•
i
(Choi
Sion, the address' of _which is 73
West.Flagler St.,'Mlami; Florida:;
The personal representative of the
estate is. Sarah Carswell, whose,
AttoP
address is 1750 NX,52nd Street,'
590
Miami, Florida 33127: The name,Horn
_
and address of the; personal rep•
Tale
resentative's attorney are set forth
BY. dy
below: _
All, persons, having claims or
10121
demands against the, estate are`
required, WITHIN THREE MONTHS
'
FROM THE DATE OF THE FIRST
NF1
PUBLICATION.OF.THIS NOTICE;
the„u -
to file.with the clerk of the.above'
court a written statement of any
gaga: .
claim or- demand,they`may have:w
ttous'
Each claim must be In writing and,,
must.. indicate the basisrfor_ the,.
claim,- the name and. address, of,'.:
the creditor or his agent or, attor-
ney, and the amount claimed. lf:'
intent,
the claim is not yet due, the'.date;
wiihl
when it :will become due shall be
Da.
stated: If the clai�m'.is coniingerif.
al
or unifquidated; the, nature of, the',
Dat.
day g
uncertain ty"shall be'stated.If,thi
claim is secured, the security Shift
be described: The, ciaimanCShWI
. ftcti"
1
deliver sufficient; copies'of the.'
claim`.to,the.cierk'to e,nabte°.,the,:
Attor�
clerk:, to mailI'one copy:. to each:
Si
300 S
personal representative,.,'
Suite
All persons :Interest ed in,the'.
Miattl
estate .to whom ,a -.copy of;ahis,
1012 0.
Notice of Administration has been~
mailed aie.required;.WITHIN
THREE MONTHS FROM THE DATE.
Ri
OF.THE FIRST PUBLICATION OF.`
THIS NOTICE;'to Illeiany object,
".>,NO,
bons they may, have that'chailenge -
the u
the validity of the decedent's will;
gage "
NOTICE UNDER the qualtflcattons of the personal , 11116us
t tt o the'v :, iROp
;TITIOUS NAME LAW
CE IS.HEREBY GIVEN that
represen a ve,;,_
Jurisdiction, of the court:
fersigned, desiring . to' en
Alt CLAIMS.DEMANDS,AND,
i business under the fictl•
OBJECTIONS NOT SOFILED WILL,
ame of
BE FOREVER, BARRED,.'';
A
;ELi.ULR MOBILE
pate oflhe.first.:publjcatidn of�
r, , f
TELEPHONE :
this, Notice'_of.'Administration
° >+
al,'number,
October 2, 198f y «
Inlerrl .
576.7973 ,
Sarah Carsweq
with
CITY OF MIAMI,
in rite City of
As Personal Representative
of D
DADE COUNTY, FLORIDA
MIAMI, Florida
of the Estate
to register the said name
Pamela Yyetip Jotinspn
�}
LEGA4 NOTICE
; Clerk 61 the Circuit Court
Deceased,
$QB
County, Florida,
ATTQRNi=YFOi Pf±RSNAi r
A(1 interested will take notice that on the 24th day of September,
'of
at MIAMI, Florida this.
Rl=t?RB NTAT;i1(E, r K
t
A 19,1,
1981; the City Commission Miami, Florida adopted the following
of Seplambcr,:19B1
rj
awrenoe (>f:;Fr>9f j�anl�n c t',f
PrOM,
titled ordinances:
ftlhew.l-ieppwit�
2NQ , - Pll<16 hlwY•, S9ip1 �96;a
F4 1a
w l-febowiti, Esq
Miami, Elorlda 618 "` ;r r{
1?HrA
ORDINANCE NO 931A
sy;for Appifcant
TelophfggQ
r ,Nii6iR
AN ORDINANCE AMENDING ORDINANCE HE
eNa=nON
..7., .tF ,�w,;..,.„ s,..u.* - ..,
I�a9
PLANNING PACT MtT
APPLICANT: City of Miami Planning Department:
_
November 12, 1980,
PtTITION: (a) Consideration of recommending the estab-
lishment of Heritage Conservation Interim
_
Zoning Districts, as provided in ARTICLE
IV GENERAL PROVISIONS, Section BUJ, of
Comprehensive Zoning -Ordinance 6871,
'.
requiring a.public hearing and approval
by the City Commission prior to demo-
lition of any historic,structure in these
—
districts.and requiring design approval
by the Urban Development Review Board
prior to issuance of building permits
for any alteration or new construction
affecting the exterior appearance of his-
toric structures in these districts; and
(b) Application of the proposed Heritage
Conservation Interim Zoning Districts to
properties currently listed on the National
Register of Historic Places; subject to
a one year time limit, as follows:
-
a) The Alamo (Miami City Hospital Building
Number One) - 1611 N.W. 12th Avenue
b) The Barnacle (Ralph M. Monroe House)
3485 Main Highway
c) Coconut Grove Housekeepers Club
(Coconut Grove Women's Club)
2985 South Bayshore Drive
d)'El Jardin (Carroll -ton School for Girls)
3747 Main Highway
e) Dr. Jackson's Office
190 S.E. 12th Terrace
f) First Coconut Grove Schoolhouse
3429 Devon Road
• g) Freedom Tower '
600 Biscayne Boulevard
h) Halissee Hall (John Sewell_ Residence.)
1700 N.W. 10th Avenue
q3/
CONTINUED on April 23, 1981.
i) Miami Worsens Club
1737 North 13ay8h6re Drive
j} Pan American Seaplane Base and Terminal
Building (Dinner Key —
3500 Pan American Drive -
k) Plymouth Congregational Church
3429 Devon Road
1) Ransom.School "Pagoda' (Pine Knot
Camp (1885) and Florida Adirondack
School (1903)
3575 main Highway
m) Vizcaya.(James Deering Estate)
3521 South Iiami Avenue
n) Gesu Church
118 N.W. 2nd Street
EXPLANATION: To protect properties.of major historical
significance from unnecessary demolition or
inappropriate alterations for an interim
period until neighborhood historic preser-
vation plans are complete and permanent
ordinances creating a Heritage Conservation
review board and zoning districts can be
implemented. -
BACKGROUND: The Dade County Historic Survey is complete
within the City of Miami, having: identified
approximately 3000 noteworthy structures.
Given the Historic: Survey data, the City is
now in a position to evaluate, prioritize
and plan for the future conservation of its
historic resources. In addition to a compre-
hensive program of public awareness, ,incen
tives and assistance, an ordinance has been
proposed which would establish a special
advisory board to evaluate the significance,
of all potential historic sites and -neigh-
borhoods, and'regulate changes to major
historic properties once so designated,by
zoning overlay districts. This ordinance
is currently "under review as Article 16 of
the comprehensive zoning ordinance revisions,.
CONTINUED on April 23, 1981,
PLA%NINO FACT MET
ANALYSIS: The proposed Heritage Conservation 'Interim
Zoning District ordinance contains two re--.
quirements: a public hearing and ,approval
by the City Commission prior to demolition
of any designated historic structure (Sec
tion 4), and design approval by the Urban
Development Review Board of any proposed
.changes in the exterior appearance of his-
toric properties (Section 5), The ordinance
would not otherwise affect the existing
zoning district regulations,
RECOMMENDATIONS:
:
PLANNING DEPARTMENT:
The interim ordinance is an abbreviated
version of Article 16 of the proposed new
comprehensive zoning ordinance. It can be
implemented more quickly than Article 16
because the interim ordinance does not
require creation of a special advisory board
and does not permit any modifications in the
underlying zoning district regulations. The
interim ordinance is intended to provide tem-
porary protection to major historic sites
and to establish a favorable precedent for
a much wider application of historic district
zoning under a permanent heritage conservation
ordinance in the future..
The initial application'of Heritage Conser-
vation Interim Zoning Districts is limited
to properties already listed on the National
Register of Historic Places in order to avoid
any uncertainty as to the historic merit of
designated properties. Furthermore, because
the National Register properties are widely
recognized historic landmarks, they,can provide
a positive example and incentive for preserva
tion throughout the City
Approval of the Heritage Conservation Interim,
Zoning District ordinance and approval of the
application of this ordinance per the attached
resolution.
PLANNING DEFERRED, December 3, 1980
ADVISORY
BOARD
PAB APPROVAL as amended on ,January 21 , 1981
CITY COMMISSION DEFERRED on February 26, 1981.
DEFERRED on March 17, 1981
CONTINUED on April 23, 1981,