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HomeMy WebLinkAboutLegislation SUBCity of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7185 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS m z AMENDED, TITLED "HISTORIC PRESERVATION/HISTORIC o z W PRESERVATION"; MORE SPECIFICALLY, BY AMENDING SECTION 23-4, u D TITLED "DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS, - a o MULTIPLE PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SITES m z AND ZONES", SECTION 23-6, TITLED "TRANSFER OF DEVELOPMENT N it RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A N a o DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE - a W BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND m = ESTABLISHING A 35-FOOT HEIGHT LIMIT", AND SECTION 23-6.2, TITLED u z "CERTIFICATES OF APPROPRIATENESS", TO PROVIDE THAT PROPOSALS c ▪ Z FOR DESIGNATION MADE BY THE MIAMI-DADE COUNTY HISTORIC vl 2o PRESERVATION BOARD, THE CITY COMMISSION, THE CITY OF MIAMI'S ("CITY") HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), THE CITY'S PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), AND ANY ORGANIZATION THAT HAS BEEN A REGISTERED NON-PROFIT CORPORATION IN THE STATE OF FLORIDA FOR AT LEAST FIVE (5) YEARS WITH A RECOGNIZED INTEREST IN HISTORIC PRESERVATION WILL REQUIRE A SUPERMAJORITY VOTE; TO MODIFY THE TIME TO APPEAL DECISIONS REGARDING HISTORIC DESIGNATIONS TO THE CITY COMMISSION TO SIXTY (60) DAYS; TO MODIFY THE TIMING OF NOTICE; TO PROVIDE THAT THE NOTIFICATION TO OWNERS OF PROPERTIES DESIGNATED AS HISTORIC WILL CLEARLY ADVISE THE OWNERS OF THEIR RIGHT TO APPEAL TO THE CITY COMMISSION; TO PROVIDE, TIMING FOR SCHEDULING APPEALS; TO REQUIRE ADDITIONAL NOTION OF PUBLIC HEARINGS FOR SPECIAL CERTIFICATES OF APPROPRIATENESS; TO PROVIDE UPDATES; CONTAINING Arri -a SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE D . 'v C ) rri" o SPONSOR(S): Commissioner Manolo Reyes }▪ `'� -C WHEREAS, the preservation of the City of Miami's ("City") historic resources Ka signficant goal in the City's overall vision for its future; and = C-" 3 WHEREAS, the designation of historic resources, historic districts, multiple property designations, and archeological sites and zones is of community value and enhances the aesthetics and quality of life in the City; and City of Miami Page 1 of 8 File ID: 7185 (Revision: A) Printed On: 7/20/2020 7185 LJcth-Sup I—• mZ File ID: 7185 Enactment Number. 0 Q• Z 141 o WHEREAS, the designation of historic resources, historic districts, multiple property I- a 0 designations, and archaeological sites and zones, when done against the will of the owner of m • H the property or properties in question, can impact and affect private property rights; and m 2 E 40. U. WHEREAS, the intent of this amendment is to require that proposals for designations H m o made by any boards or local legislative bodies allowed to propose designations, including but z u z not limited to the City's Historic and Environmental Preservation Board ("HEPB"), be approved u, m Uj = by a supermajority vote of the members present; and m a 1- o z < WHEREAS, the decision to move ahead with a preliminary designation or to designate a o • z property as historic is of enough significance to merit that such decisions be supported by a = p N supermajority vote of the members present, as provided for by this amendment; and 1- WHEREAS, in order to safeguard due process and owners' private property rights while taking into consideration the complexities of scheduling quasi-judicial hearings before the City Commission, the time to appeal designations made against the will of a property owner is being extended from fifteen (15) days to sixty (60) days; and WHEREAS, to safeguard the above -mentioned interests, the notification of historic designations issued to a property owner will clearly advise the property owner of the right to appeal to the City Commission and the time to file said appeal; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interests of the general welfare of the City and its residents to amend the Code of the City of Miami, Florida, as amended ("City Code"), as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 23 of the City Code, titled "Historic Preservation", is herebymeNed in the following particulars:1 "CHAPTER 23 c,-1 ivC) -in o f1 HISTORIC PRESERVATION Z-< s PI ARTICLE I. HISTORIC PRESERVATION r D -4 w * * :w * Sec. 23-4. Designation of historic resources, historic districts, multiple property designations, and archaeological sites and zones. * * * Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020 O W File ID: 7185 Enactment Number. m Z O Z (c) Procedures for designation. Properties which meet the criteria set forth in section 23-4 may be designated as historic resources, historic districts, multiple property E z c designations, and archaeological sites and zones according to the following procedures: m _� N N 0 H (1) Proposals and preliminary evaluation. Proposals for designation may be made to the a board by any -era supermajority vote of its members present after one (1) or more o member of the Board requests it to be placed on a Board agenda, y the mayor, • a W the city manager, resolution of the planning, zoning and appeals board approved 2 m by a supermaiority vote of the members present, yresolution of the city commission a 1- approved by a supermaiority vote of the members present, y the property owner, by o z resolution of the county historic preservation board approved by a supermaiority vote W of the members present, resolution of any organization that has been a registered 0 N non-profit corporation in the state for at least five (5) years with a recognized interest in historic preservation approved by a supermaiority vote of the members present, or y the preservation officer. In those instances when a historic district or multiple property designation is being considered, the preservation office shall conduct outreach involving all relevant homeowner associations and neighborhood associations, ultimately ascertaining their level of support by way of resolution or vote. Said level of support shall be taken into consideration by staff and merlibelathf the HEPB when evaluating any proposed historic district or multiple property; designation. The board shall conduct a preliminary evaluation of the data ii'Qvid in AR the proposal for conformance with criteria set forth in subsection (a); and still, i appropriate, direct the planning department to prepare a designation reporr(;1 hec) board may require the party initiating such proposal to provide any neceslaN ..a documentation, and to pay any applicable fees. )•3 ni a. Notification. At least ten (10) days prior to the meeting at which the kpard.will consider the preliminary evaluation, the owner of property or his designitee— agent or attorney, on file with the city, which is the subject of said proposal for designation shall be notified by certified mail of the board's intent to consider the preliminary evaluation of the property. Should the applicant be a person other than the property owner or designated agent or attorney on file with the city, the applicant shall be noted and the owner of record of the subject property shall be notified. For historic districts or multiple property designations where there are more than 50 properties to be considered, for designation, the owners shall be notified by first class mail and by the published notice. The notice sent by certified mail of the board's intent to consider the preliminary evaluation of the property, when sent to the property owners of involuntarily designated residentially zoned properties in a T3-O designated transect zone that are not the applicants, will state the right to appeal the board's final decision regarding designation to the city commission, and will include in the notification a statement of the fee waiver provision contained in subsection (c)(7) herein. b. Interim protection measures. From the date said notice of the preliminary evaluation is mailed, no building permit for any new construction, alteration, relocation, or demolition that may affect the property proposed for designation shall be issued until one of the following occurs: 1. The board finds that the property does not appear to meet the criteria for designation and votes not to direct the planning department to prepare a designation report in accordance with subsection (bc)(1); City of Miami Page 3 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020 File ID: 7185 Enactment Number. 2. The board approves or denies the designation in accordance with this subeSection-(b)(3), or one hundred twenty (1201 days have elapsed, whichever shall occur first, unless this time limit is waived on the record by mutual consent of the owner and the board; or 3. The owner applies for an accelerated certificate of appropriateness prior to final action on the designation by the board, and such certificate of appropriateness has been issued in accordance with the provisions of section 23-6.2. The preservation office shall place said application for a certificate of appropriateness on the next available agenda of the board. Any owner who carries out or causes to be carried out any work without the required) n, certificate of appropriateness shall be subject to the provisions of sutise 1; _, n 23-6.2(f). * * rt f 117,74 (3) Notice and public hearing. The board shall conduct a public hearing to deinN whether the proposed historic resource, historic district, multiple property; r_ designation, archaeological site or zone meets the criteria set forth in subsectio Qa) and shall approve, amend, or deny the proposed designation. All approvals or .- amendments of designations by the Board shall require an affirmative vote of a supermajority of the Board members present. The board may rehear proposals based upon policies set forth in its rules of procedure. All public hearings on designations conducted by the board, except as provided in subsection (bc)(1)a., and hearings on appeals of board decisions to the city commission regarding designations shall be noticed as follows: a. The owner of property or his/her designated agent or attorney, if any, which is the subject of such designation shall be notified by mail at least thirty (30) days prior to the board's meeting and ten -fifteen (15) days prior to subsequent administrative appellate hearings. The owner shall receive a copy of the designation report unless there are more than twenty (201 owners, in which case the notice shall state that a copy is available and where it may be obtained. b. An advertisement shall be placed in a newspaper of general circulation at least ten days prior to the hearing. c. Signs shall be posted pursuant to subsection 62-129(2)a., as amended. d. Notice of the time and place of the public hearing by the board, or city commission, as the case may be, shall be sent at least ten days in advance of the hearing by mail to all owners of property within 500 feet of the property lines of the land for which the hearing is required. The applicant, or the appellant as applicable, shall be charged the appropriate fee established for this purpose. e. For the purpose of this chapter, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Miami -Dade County. The preservation officer, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on his/her certification by the placing in the mail system of the United States on the date certified the herein required notice, the certification THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 4 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020 FiIo ID: 7185 Enactment Number I- m W shall be conclusive of the giving of such notice; in the case of condominiums, O a • D notice will be sent solely to the condominium association. No action taken by the I- a o board, or the city commission, , shall be voided by the failure em z N of an individual property owner or property owners to receive notice pursuant to D 2 _ this chapter. a O 1- N a O (4) Historic and environmental preservation atlas. Historic sites, historic districts, multiple z a W property designations, and archaeological zones designated pursuant to section 23-4 LU m W shall be shown in the "Official Historic and Environmental Preservation Atlas of the City of Miami, Florida," as amended. o z 3z (5) Electronic building records. Following the designation of a resource, the historic = 112 preservation officer shall note the property as a historic resource in the city's building department records. (6) Notifications. Following the designation of a resource, the historic preservation officer shall notify the following parties with a copy of the resolution: a. The owner(s) of record. The notification to the owner(s) of record shall clearly state that the property has been designated and such designation may be appealed to the City Commission within sixty (60) days. The notification shall also summarize the procedure for appeals to the City Commission as ctetail4 in Subsection (7) below. r• am- IrtT b. The Miami -Dade County Clerk of the Courts. • N C7 (7) Appeals. -o < Fri a. The property owner, any one member of the city commission, the plans mg r department, or any aggrieved party that has standing under Florida lai];m appeal to the city commission any decision of the board on matters reFatin to designations by filing within sixty (60) calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. Such notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Appellate fees for property owners of involuntarily designated residentially zoned properties in a T3-O designated transect zone that are not the applicants, are waived. The city shall bear the cost of $3.50 prescribed by Chapter 62 for each mailed notice required pursuant to subsestien-(c)(3) this Section. Except as appellate fees and mailed notice costs are expressly waived above, each appeal shall be accompanied by a fee of $525.00, plus the cost of $3.50-prescribed by Chapter 62 for each mailed notice required pursuant to subsection--(s).(-3-this Section. The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three -fifths vote of all members of the city commission. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of this subsection (b) shall remain in effect during the entire appeal process, unless stayed by a court of competent jurisdiction. The appeal shall be a de novo hearing and the city commission may consider new evidence or materials in accordance with the zoning ordinance. Appeals concerning designations shall be City of Miami Page 5 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020 0 La F- CO File ID: 7185 Enactment Number: ZO ZZ La cf D made directly to the city commission, within 45-sixty (60) calendar days after the n - Q o date of the decision, and follow the procedures described ' N z o 6.2(e) or 23 4�(7)herein. The Office of Hearing Boards shall schedule the co 3 o appeal on the next available City Commission meeting following receipt of the '�' LL appeal. N o O (8) Amendments. The board may amend any designation by following the same W al WI" procedures as set forth in this section. The board may likewise rescind any x designation if the structure or feature of principal historic significance has been 0 Z demolished or destroyed. o 3Z H W (d) Reserved. 1 O N (e) Effect of designation. Upon designation, and thereafter, the provisions of section 23-6.2 shall apply. Sec. 23-6. - Transfer of development rights and density for historic resources; provision for a determination of eligibility process, and special provisions for resources within the Miami Modem (MiMo)/Biscayne Boulevard Historic District; prohibiting certain uses; and establishing a 35-foot height limit. * * * (6) Review for certification of an eligible historic resource. Once the application for a determination of eligibility has been deemed complete, the preservation officer shall schedule the application before the next regularly scheduled meeting of the HEPB. At least ten days prior to the meeting at which ttig application will be heard, the owner or their designated agent or "VI MRS representative, shall be notified of the board's intent to consider the Fa rn application. r m -r, �; ry (7) In making its decision as to whether to certify the resource, the board tallo P consider: 3n -1) ZG * * * cam-, r cj rr w f. Appeals from the decision of the HEPB. The property owner, any one Member of the city commission, the planning department, or any aggrieved party may appeal to the city commission any decision of the board on matters relating to desissuch certifications by filing within 15 calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. Such notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of $500.00, plus $3-50 pe the cost prescribed by Chapter 62 for each mailed notice required pursuant to subsection 23-4(bc)(3). The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three - fifths vote of all members of the city commission. Appeals from decisions of City of Miami Page 6 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020 File ID: 7185 Enactment Number. Z m Z • Z the city commission may be made to the courts as provided by the Florida n u Rules of Appellate Procedure. The provisions of subsection 23-4(bcJ shall I- Z a remain in effect during the entire appeal process insofar as they do not conflict m 3 H with this Section, unless stayed by a court of competent jurisdiction. The N 2 E appeal shall be a de novo hearing and the city commission may consider new a a LL evidence or materials ' 0 n o cl ce. Appeals shall be made directly to the city commission, within 15 z a W i calendar days after the date of the decision, and follow the procedures E co= described in herein u Q t- z I- o a * * * • Z f� OC W HN Sec. 23-6.2. - Certificates of appropriateness. * * * (b) Procedures for issuing certificates of appropriateness. * * * < 11 non r (4) Special certificates of appropriateness. Where the action proposed in an c...) application involves a major addition, alteration, relocation, or demoliti%, ag- specified by the rules of procedure of the board; where the preservation officer finds that the action proposed in an application involving a minor alteration is not clearly in accord with the guidelines as set forth in subsection (c); or when the applicant is requesting a waiver, or exception or exclusion from the requirements of the zoning code the application shall be classified as a special certificate of appropriateness, and the following procedures shall govern: a. Public hearing. When a complete application is received, the preservation officer shall place the application on the next regularly scheduled meeting of the board. The board shall hold a public hearing to review the application. All public hearings on all certificates of appropriateness conducted by the board and hearings on appeals of board decisions to the city commission regarding certificates of appropriateness shall be noticed as follows: 1. The applicant shall be notified by mail at least ten (10) calendar days prior to the hearing. 2. Any individual or organization requesting such notification and paying any established fees therefore shall be notified by mail at least ten calendar days prior to the hearing. 3. Notice shall also be sent by mail to all owners of property within 500 feet of the property lines of the subiect property at least ten (10) calendar days prior to the hearing. 4. An advertisement shall be placed in a newspaper at least ten calendar days prior to the hearing. City of Miami Page 7 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020 File ID: 7185 Enactment Number. m W 45. Any additional notice deemed appropriate by the board. o a g � U � * w * H J U Q o H z H (e) Appeals. The applicant, the planning department, or any aggrieved party may appeal co 2 E to the city commission any decision of the board on matters relating to -designations Q a. and certificates of appropriateness by filing within fifteen (15) calendar days after the L date of the decision a written notice of appeal with the hearing boards department, u z with a copy to the preservation officer. The notice of appeal shall set forth concisely m the decision appealed from and the reasons or grounds for the appeal. Each appeal a I - shall be accompanied by a fee of $525.00, plus $3.50-per the cost prescribed by o z Q Chapter 62 for each mailed notice required-pufsuantto23-4. The city commission o z shall hear and consider all facts material to the appeal and render a decision as = o N promptly as possible. The appeal shall be de novo hearing and the city commission may consider new evidence or materials. The city commission may affirm, modify, or reverse the board's decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered by the city. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. �, Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 MID r- m 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 8 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020 City of Miami Legislation Ordinance: Ci Hall 3500 Pa erican Drive Mi. i, FL 33133 ww .miamigov.com File Number: 7185 nal Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AME 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, F AMENDED, TITLED "HISTORIC PRESERVATION/HIST PRESERVATION"; MORE SPECIFICALLY, BY AMEN TITLED "DESIGNATION OF HISTORIC RESOURC MULTIPLE PROPERTY DESIGNATIONS, AND A AND ZONES", SECTION 23-6, TITLED 'TRANSF RIGHTS AND DENSITY FOR HISTORIC RES DETERMINATION OF ELIGIBILITY PROCES FOR RESOURCES WITHIN THE MIAMI M BOULEVARD HISTORIC DISTRICT; PR ESTABLISHING A 35-FOOT HEIGHT L "CERTIFICATES OF APPROPRIATE FOR DESIGNATION MADE BY TH PRESERVATION BOARD, THE C ("CITY") HISTORIC AND ENVIR ("HEPB"), THE CITY'S PLANN AND ANY ORGANIZATION CORPORATION IN THE S WITH A RECOGNIZED I REQUIRE A SUPERM A DECISIONS REGARD G COMMISSION TO TO PROVIDE TH DESIGNATED THEIR RIGHT TIMING FO OF PUBLI APPROP SEVE ING CHAPTER RIDA, AS IC NG SECTION 23-4, HISTORIC DISTRICTS, HAEOLOGICAL SITES R OF DEVELOPMENT RCES; PROVISION FOR A , AND SPECIAL PROVISIONS ERN (MIMO)/BISCAYNE IBITING CERTAIN USES; AND IT", AND SECTION 23-6.2, TITLED SS", TO PROVIDE THAT PROPOSALS IAMI-DADE COUNTY HISTORIC COMMISSION, THE CITY OF MIAMI'S MENTAL PRESERVATION BOARD G, ZONING, AND APPEALS BOARD ("PZAB"), AT HAS BEEN A REGISTERED NON-PROFIT TE OF FLORIDA FOR AT LEAST FIVE (5) YEARS EREST IN HISTORIC PRESERVATION WILL ORITY VOTE; TO MODIFY THE TIME TO APPEAL HISTORIC DESIGNATIONS TO THE CITY TY (60) DAYS; TO MODIFY THE TIMING OF NOTICE; THE NOTIFICATION TO OWNERS OF PROPERTIES HISTORIC WILL CLEARLY ADVISE THE OWNERS OF 0 APPEAL TO THE CITY COMMISSION; TO PROVIDE CHEDULING APPEALS; TO REQUIRE ADDITIONAL NOTICE HEARINGS FOR SPECIAL CERTIFICATES OF IATENESS; TO PROVIDE UPDATES; CONTAINING A BILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR ): Commissioner Manolo Reyes signifi EREAS, the preservation of the City of Miami's ("City") historic resources is a nt goal in the City's overall vision for its future; and WHEREAS, the designation of historic resources, historic districts, multiple property signations, and archeological sites and zones is of community value and enhances the aesthetics and quality of life in the City; and City of Miami Page 1 of 8 File ID: 7185 (Revision: A) Printed On: 7/23/2020 File ID: 7185 Enactment Numb WHEREAS, the designation of historic resources, historic districts, multiple prope designations, and archaeological sites and zones, when done against the will of the own= o the property or properties in question, can impact and affect private property rights; an WHEREAS, the intent of this amendment is to require that proposals for de- • nations made by any boards or local legislative bodies allowed to propose designations, luding but not limited to the City's Historic and Environmental Preservation Board ("HEPB" , be approved by a supermajority vote of the members; and WHEREAS, the decision to move ahead with a preliminary desig property as historic is of enough significance to merit that such decisio supermajority vote as provided for by this amendment; and WHEREAS, in order to safeguard due process and owne taking into consideration the complexities of scheduling quasi-j Commission, the time to appeal designations made against t extended from fifteen (15) days to sixty (60) days; and on or to designate a be supported by a private property rights while icial hearings before the City will of a property owner is being WHEREAS, to safeguard the above -mentioned . terests, the notification of historic designations issued to a property owner will clearly a • Ise the property owner of the right to appeal to the City Commission and the time to file id appeal; and WHEREAS, the City Commission, after - - reful consideration of this matter, deems it advisable and in the best interests of the gen = al welfare of the City and its residents to amend the Code of the City of Miami, Florida, as a ended ("City Code"), as hereinafter set forth; NOW, THEREFORE, BE IT OR MIAMI, FLORIDA: Section 1. The recitals an adopted by reference and incor INED BY THE COMMISSION OF THE CITY OF indings contained in the Preamble to this Ordinance are rated as if fully set forth in this Section. Section 2. Chapter . of the City Code, titled "Historic Preservation", is hereby amended in the following particular "CHAPTER 23 HISTORIC PRESERVATION ARTICLE I. HISTORIC PRESERVATION * * * Sec. 23 . Designation of historic resources, historic districts, multiple property designations, and a aeological sites and zones. * * * 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 8 File ID: 7185 (Revision: A) Printed on: 7/23/2020 File ID: 7185 Enactment Number: (c) Procedures for designation. Properties which meet the criteria set forth in section -4 may be designated as historic resources, historic districts, multiple property designations, and archaeological sites and zones according to the following p cedures: (1) Proposals and preliminary evaluation. Proposals for designation may • made to the board by any -one -a supermajority vote of its members after one 1 ► mber of the Board requests it to be placed on a Board agenda, y the mayor, b the city manager, resolution of the planning, zoning and appeals boar. approved by a supermaiority vote, yresolution of the city commission a • • rov- • b a su • erma'ori vote, the property owner, resolution of the county histo preservation board approved by a supermajority vote, yresolution of any orga • zation that has been a registered non-profit corporation in the state for at least fiv (5) years with a recognized interest in historic preservation a • *roved b su • erma'orit vote, or by the preservation officer. In those instances when a his •ric district or multiple property designation is being considered, the prese :tion office shall conduct outreach involving all relevant homeowner associa •ns and neighborhood associations, ultimately ascertaining their level o upport by way of resolution or vote. Said level of support shall be taken into c• sideration by staff and members of the HEPB when evaluating any proposed his d ric district or multiple property designation. The board shall conduct a prep inary evaluation of the data provided in the proposal for conformance with criteri- -et forth in subsection (a); and shall, if appropriate, direct the planning depart -nt to prepare a designation report. The board may require the party initiating - ch proposal to provide any necessary documentation, and to pay any appl. able fees. a. Notification. At least ten 0 days prior to the meeting at which the board will consider the preliminary ev . uation, the owner of property or his designated agent or attorney, on file ' ith the city, which is the subject of said proposal for designation shall be no led by certified mail of the board's intent to consider the preliminary evaluatio of the property. Should the applicant be a person other than the property o er or designated agent or attorney on file with the city, the applicant shall be otified and the owner of record of the subject property shall be notified. For his ric districts or multiple property designations where there are more than 50 , operties to be considered, for designation, the owners shall be notified by fi .t class mail and by the published notice. The not. - sent by certified mail of the board's intent to consider the preliminary evalua ' • n of the property, when sent to the property owners of involuntarily desi• ated residentially zoned properties in a T3-0 designated transect zone tha are not the applicants, will state the right to appeal the board's final decision r: • arding designation to the city commission, and will include in the notification a tatement of the fee waiver provision contained in subsection (c)(7) herein. Interim protection measures. From the date said notice of the preliminary evaluation is mailed, no building permit for any new construction, alteration, relocation, or demolition that may affect the property proposed for designation shall be issued until one of the following occurs: 1. The board finds that the property does not appear to meet the criteria for designation and votes not to direct the planning department to prepare a designation report in accordance with subsection (bc)(1); City of Miami Page 3 of 8 File ID: 7185 (Revision: A) Printed on: 7/23/2020 File ID: 7185 Enactment Number: 2. The board approves or denies the designation in accordance with this subsSection-(b)(-3), or one hundred twenty (1201 days have elapsed, whichever shall occur first, unless this time limit is waived on the re mutual consent of the owner and the board; or 3. The owner applies for an accelerated certificate of appropriat final action on the designation by the board, and such certifi appropriateness has been issued in accordance with the 23-6.2. The preservation office shall place said applicati appropriateness on the next available agenda of the b carries out or causes to be carried out any work with certificate of appropriateness shall be subject to th 23-6.2(f). rd by ess prior to te of visions of section for a certificate of rd. Any owner who t the required provisions of subsection (3) Notice and public hearing. The board shall cond a public hearing to determine whether the proposed historic resource, histor' district, multiple property designation, archaeological site or zone me- ' the criteria set forth in subsection (a) and shall approve, amend, or deny the pro sed designation. All approvals or amendments of desi • nations b the Boa shall r- • uire an affirmative vote of a supermajority of the Board. The board ay rehear proposals based upon policies set forth in its rules of procedure. All pub hearings on designations conducted by the board, except as provided in subs- ion (bc,(1)a., and hearings on appeals of board decisions to the city commission garding designations shall be noticed as follows: a. The owner of property or s/her designated agent or attorney, if any, which is the subject of such design - on shall be noted by mail at least thirty (30) days prior to the board's m - -ting and ten -fifteen (15) days prior to subsequent administrative appe te hearings. The owner shall receive a copy of the designation repo nless there are more than twenty (20) owners, in which case the notice shall ate that a copy is available and where it may be obtained. b. An advertis ten days ent shall be placed in a newspaper of general circulation at least or to the hearing. c. Signs all be posted pursuant to subsection 62-129(2)a., as amended. d. N • ce of the time and place of the public hearing by the board, or city mmission, as the case may be, shall be sent at least ten days in advance of he hearing by mail to all owners of property within 500 feet of the property lines of the land for which the hearing is required. The applicant, or the appellant as applicable, shall be charged the appropriate fee established for this purpose. e. For the purpose of this chapter, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Miami -Dade County. The preservation officer, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on his/her certification by the placing in the mail system of the United States on the date certified the herein required notice, the certification shall be conclusive of the giving of such notice; in the case of condominiums, notice will be sent solely to the condominium association. No action taken by the 0 W 1- 1- m Vf City of Miami Page 4 of 8 File ID: 7185 (Revision: A) Printed on: 7/23/2020 File ID: 7185 Enactment Number: board, or the city commission, , shall be voided by the failure of an individual property owner or property owners to receive notice pursuant to this chapter. (4) Historic and environmental preservation atlas. Historic sites, historic di icts, multiple property designations, and archaeological zones designated pursuan o section 23-4 shall be shown in the "Official Historic and Environmental Preserva ' • n Atlas of the City of Miami, Florida," as amended. Electronic building records. Following the designation of a re ' rce, the historic preservation officer shall note the property as a historic reso ce in the city's building department records. (5) (6) Notifications. Following the designation of a resource, e historic preservation officer shall notify the following parties with a copy of the re • Iution: a. The owner(s) of record. The notification to th state that the property has been designat appealed to the City Commission within s also summarize the procedure for appe to Subsection (7) below. b. The Miami -Dade County Clerk of tCourts. (7) Appeals. wner(s) of record shall clearly nd such designation may be (60) days. The notification shall the City Commission as detailed in a. The property owner, any on member of the city commission, the planning department, or any aggri: ed party that has standing under Florida law may appeal to the city com sion any decision of the board on matters relating to designations by filing ithin sixty (60) calendar days after the date of the decision a written n • ce of appeal with the hearing boards department, with a copy to the prese -tion officer. Such notice of appeal shall set forth concisely the decision ap • aled from and the reasons or grounds for the appeal. Appellate fees for prope owners of involuntarily designated residentially zoned properties in a T3-O de- gnated transect zone that are not the applicants, are waived. The city shall • :: r the cost of $3:SA-prescribed by Chapter 62 for each mailed notice required rsuant to subsection-{s)(3) this Section. Except as appellate fees and mailed •tire costs are expressly waived above, each appeal shall be acco •anied by a fee of $525.00, plus the cost of $3:SA-prescribed by Chapter 62 f, each mailed notice required pursuant to subsection-(s)(3) this Section. T city commission shall hear and consider all facts material to the appeal and nder a decision as promptly as possible. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three -fifths vote of all members of the city commission. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of this subsection (b) shall remain in effect during the entire appeal process, unless stayed by a court of competent jurisdiction. The appeal shall be a de novo hearing and the city commission may consider new evidence or materials in accordance with the zoning ordinance. Appeals concerning designations shall be made directly to the city commission, within sixty (60) calendar days after the date of the decision, and follow the procedures described ' City of Miami Page 5 of 8 File ID: 7185 (Revision: A) Printed on: 7/23/2020 Fife ID: 7185 Enactment Number: a erein. The Office of Hearin • Boards hall schedule th eal on the next available Ci Commission meetin• followin• recei•t •. he appeal. (8) Amendments. The board may amend any designation by following the me procedures as set forth in this section. The board may likewise rescin- any designation if the structure or feature of principal historic significanc has been demolished or destroyed. (d) Reserved. (e) Effect of designation. Upon designation, and thereafter, the pr isions of section 23-6.2 shall apply. Sec. 23-6. - Transfer of development rights and density for determination of eligibility process, and special provisions f Modem (MiMo)/Biscayne Boulevard Historic District; pro 35-foot height limit. (6) * * Review for certification of an eli a determination of eligibility ha officer shall schedule the ap meeting of the HEPB. At le application will be heard, representative, shall b application. h oric resources; provision for a resources within the Miami iting certain uses; and establishing a le historic resource. Once the application for been deemed complete, the preservation cation before the next regularly scheduled ten days prior to the meeting at which the e owner or their designated agent or otified of the board's intent to consider the In making its deci on as to whether to certify the resource, the board shall consider: * * * f. Appeals om the decision of the HEPB. The property owner, any one member of the ' y commission, the planning department, or any aggrieved party may app to the city commission any decision of the board on matters relating to such certifications by filing within 15 calendar days after the date o he decision a written notice of appeal with the hearing boards department, ith a copy to the preservation officer. Such notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of $500.00, plus $3 50 p the cost prescribed by Chapter 62 for each mailed notice required pursuant to subsection 23-4(bcj(3). The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three - fifths vote of all members of the city commission. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of subsection 23-4(bc) shall City of Miami Page 6 of 8 File ID: 7185 (Revision: A) Printed on: 7/23/2020 File ID: 7185 Enactment Number remain in effect during the entire appeal process insofar as the do not c with this Section, unless stayed by a court of competent jurisdiction. Th appeal shall be a de novo hearing and the city commission may cons er new evidence or materials ordinance. Appeals shall be made directly to the city commission, ithin 15 calendar days after the date of the decision, and follow the proc • ures described in herein Sec. 23-6.2. - Certificates of appropriateness. (b) Procedures for issuing certificates of appropriateness. * * * (4) Special certificates of appropriateness. ere the action proposed in an application involves a major addition, - eration, relocation, or demolition, as specified by the rules of procedure of e board; where the preservation officer finds that the action proposed in an ppiication involving a minor alteration is not clearly in accord with the gui • Ines as set forth in subsection (c); or when the applicant is requesting a w- ier, or exception or exclusion from the requirements of the zoning co,'- the application shall be classified as a special certificate of appropriatenes-, and the following procedures shall govem: a. Public hearing. Whe a complete application is received, the preservation officer shall place e application on the next regularly scheduled meeting of the board. Th- • oard shall hold a public hearing to review the application. All ublic hearings on all certificates of appropriateness conducted by e board and hearings on appeals of board decisions to the city comm. . ion regarding certificates of appropriateness shall be noticed as follows 1. T applicant shall be notified by mail at least ten (10) calendar days or to the hearing. Any individual or organization requesting such notification and paying any established fees therefore shall be notified by mail at least ten calendar days prior to the hearing. 3. Notice shall also be sent by mail to all owners of property within 500 feet of the property lines of the subject property at least ten (10) calendar days prior to the hearing. 4. An advertisement shall be placed in a newspaper at least ten calendar days prior to the hearing. 45. Any additional notice deemed appropriate by the board. * * * City of Mi mr Page 7 of 8 File ID: 7185 (Revision: A) Printed on: 7/23/2020 File ID: 7185 Enactment Number: (e) Appeals. The applicant, the planning department, or any aggrieved party m to the city commission any decision of the board on matters relating to and certificates of appropriateness by filing within fifteen (15) calendar date of the decision a written notice of appeal with the hearing boards with a copy to the preservation officer. The notice of appeal shall set the decision appealed from and the reasons or grounds for the app shall be accompanied by a fee of $525.00, plus $340-per the cos • Chapter 62 for each mailed notice required- . T shall hear and consider all facts material to the appeal and ren promptly as possible. The appeal shall be de novo hearing a may consider new evidence or materials. The city commiss reverse the board's decision. The decision of the city co administrative review, and no petition for rehearing or r considered by the city. Appeals from decisions of the to the courts as provided by the Florida Rules of Ap appeal s after the partment, rth concisely I. Each appeal rescribed by city commission r a decision as the city commission n may affirm, modify, or ission shall constitute final onsideration shall be y commission may be made Ilate Procedure. d Section 3. If any section, part of a section, para• aph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 4. This Ordinance shall become e adoption thereof.2 APPROVED AS TO FORM AND CORRECT SS: ria dez, i y ttor ey 3/16/2020 ctive immediately after final reading and 4/13/2020 2 Th. = Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) da from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become ective immediately upon override of the veto by the City Commission or upon the effective date stated erein, whichever is later. CI W 1- m D City of Miami Page 8 of 8 File ID: 7185 (Revision: A) Printed on: 7/23/2020