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AGENDA ITEM COVER PAGE
File ID: #4151
Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner, Joe Carollo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/SECTION
23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
ENTITLED "HISTORIC PRESERVATION/DESIGNATION OF HISTORIC RESOURCES,
HISTORIC DISTRICTS, AND ARCHEOLOGICAL SITES AND ZONES," TO PROVIDE FOR A
WAIVER OF APPELLATE FEES WHEN THE PROPERTY OWNERS OF INVOLUNTARILY
DESIGNATED RESIDENTIALLY ZONED PROPERTIES IN A T3-0 DESIGNATED TRANSECT
ZONE ARE NOT THE APPLICANT AND TO FURTHER PROVIDE THAT THE CITY SHALL
BEAR THE COSTS OF MAILED NOTICES; FURTHER AMENDING CHAPTER 62/ARTICLE
VII OF THE CITY CODE, ENTITLED "PLANNING AND ZONING/HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD," BY AMENDING SECTION 62-28 OF THE CITY
CODE, ENTITLED "FUNCTIONS, POWERS AND DUTIES, GENERALLY," AND SECTION 62-
27, ENTITLED "MEMBERSHIP AND QUALIFICATIONS OF THE BOARD," TO PROVIDE
THAT ALL BOARD MEMBERS WILL BE ELECTORS OF THE CITY, TO PROVIDE THEY ARE
SUBJECT TO STATE, COUNTY AND CITY ETHICS CODES, AND TO FURTHER PROVIDE
THAT THEY WILL NOT BE TRANSACTING BUSINESS WITH THE CITY DURING THE TIME
OF BOARD MEMBERSHIP; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
City of Miami File ID: 4151 (Revision: D) Printed On: 11/7/2018
G1Y OFA
Cit of Miami
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Ordinance
Enactment Number: 13777
File Number: 4151 Final Action Date: 7/26/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
23/SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "HISTORIC PRESERVATION/DESIGNATION OF
HISTORIC RESOURCES, HISTORIC DISTRICTS, AND ARCHEOLOGICAL SITES
AND ZONES," TO PROVIDE FOR A WAIVER OF APPELLATE FEES WHEN THE
PROPERTY OWNERS OF INVOLUNTARILY DESIGNATED RESIDENTIALLY ZONED
PROPERTIES IN A T3-0 DESIGNATED TRANSECT ZONE ARE NOT THE
APPLICANT AND TO FURTHER PROVIDE THAT THE CITY SHALL BEAR THE
COSTS OF MAILED NOTICES; FURTHER AMENDING CHAPTER 62/ARTICLE VII OF
THE CITY CODE, ENTITLED "PLANNING AND ZONING/HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD," BY AMENDING SECTION 62-28 OF
THE CITY CODE, ENTITLED "FUNCTIONS, POWERS AND DUTIES, GENERALLY,"
AND SECTION 62-27, ENTITLED "MEMBERSHIP AND QUALIFICATIONS OF THE
BOARD," TO PROVIDE THAT ALL BOARD MEMBERS WILL BE ELECTORS OF THE
CITY, TO PROVIDE THEY ARE SUBJECT TO STATE, COUNTY AND CITY ETHICS
CODES, AND TO FURTHER PROVIDE THAT THEY WILL NOT BE TRANSACTING
BUSINESS WITH THE CITY DURING THE TIME OF BOARD MEMBERSHIP;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the preservation of the City of Miami's ("City") historic resources must be
balanced with the private property rights of City residents that have established there here; and
WHEREAS, the City historic preservation regulations set forth important legislative
goals, programs, and policies for a well-established and laudable program that that seeks to
preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical
significance within the City and whose preservation may have a significance that extends well
beyond the corporate limits of the City; and
WHEREAS, the City Commission desires to waive appellate fees for, and bear the costs
of mailing notices, when Property Owners of involuntarily designated residentially zoned
properties in a T3-0 designated Transect zone are not the Applicants; and
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is an important
quasi-judicial board of the City, which approves certificates of appropriateness for work on the
exterior of designated historic resources, considers designation of historic districts or resources,
and performs such other related duties as are provided by the City Code or delegated to them
by the City Commission; and
WHEREAS, members of HEPB will, as to future appointments, which are made on an
annual basis, consist of City electors, thus making the Board more aware and better informed of
issues, areas, and conditions within the City; and
City of Miami File ID: 4151 (Revision: D) Printed On: 11/7/2018
WHEREAS, for transparency and prudence HEPB members will be expressly subject to
State and local Conflict of interest Codes; 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 citizens to amend
the 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 is hereby amended in the following particulars:'
"CHAPTER 23
HISTORIC PRESERVATION
ARTICLE I. - HISTORIC PRESERVATION
Sec. 23-4. Designation of historic resources, historic districts, and archaeological sites and
zones.
(c) Procedures for designation. Properties which meet the criteria set forth in section 23-4
may be designated as historic resources, historic districts, and archaeological sites and
zones according to the following procedures:
(1) Proposals and preliminary evaluation. Proposals for designation may be made to the
board by any one of its members, the mayor, the city manager, resolution of the
planning, zoning and appeals board, resolution of the city commission, the property
owner, resolution of the county historic preservation board, resolution of any
organization that has been a registered non-profit corporation in the state for at least
five years with a recognized interest in historic preservation, or the preservation
officer. In those instances when a historic district is being considered, the
preservation office shall conduct outreach involving all relevant home owner
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 members of the HEPB when evaluating any proposed
historic district designation. The board shall conduct a preliminary evaluation of the
data provided in the proposal for conformance with criteria set forth in subsection (a);
and shall, if appropriate, direct the planning department to prepare a designation
report. The board may require the party initiating such proposal to provide any
necessary documentation, and to pay any applicable fees.
a. Notification. At least ten days prior to the meeting at which the board will consider
the preliminary evaluation, the owner of property or his designated agent or
' 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
unchanaed material.
City of Miami File ID: 4151 (Revision: D) Printed On: 11/7/2018
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
notified and the owner of record of the subject property shall be notified. For
historic districts where there are more than fifty 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 T3-0 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.
(7) Appeals.
a. 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 designations 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. Appellate fees for Property Owners of involuntarily designated residentially
zoned properties in a T3-0 designated transect zone that are not the Applicants, are
waived. The City shall bear the cost of three dollars and fifty cents ($3.50) for each
mailed notice required pursuant to Subsection 23-4(3). Except as appellate fees and
mailed notice costs are expressly waived above, each appeal shall be accompanied
by a fee of five hundred and twenty five dollars($525.00), plus the cost of three
dollars and fifty cents ( $3.50) for each mailed notice required pursuant to
Subsection 21-4 (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
(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 SeGtieR
2004e# the zoning ordinance. Appeals shall be made directly to the city commission,
within 15 calendar days after the date of the decision, and follow the procedures
described in subsections 23-6.2(e) or 23-4(7).
(8) Amendments. The board may amend any designation by following the same procedures
as set forth in this section. The board may likewise rescind any designation if the
structure or feature of principal historic significance has been demolished or destroyed.
(d-}L@J Effect of designation. Upon designation, and thereafter, the provisions of Section 23-6.2
shall apply.
City of Miami File ID: 4151 (Revision: D) Printed On: 11/7/2018
*„
Section 3. Chapter 62 of the City Code is hereby amended in the following particulars:'
"CHAPTER 62
PLANNING AND ZONING
ARTICLE VII. - HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
Sec. 62-27. Membership.
(a) Composition; appointment. The historic and environmental preservation board
(hereinafter referred to as the "board") shall consist of nine members and one alternate
member, to be appointed by the city commission.
(b) Qualifications; Conflicts of interest. All members of the Board shall be from the electorate
of the City. No member shall have a conflict of interest relative to any matter or application
before the Board as defined by Chapter 112, Part III, Florida Statutes, entitled "Code of
Ethics for Public Officers and Employees," or Section 2-11.1 of the Miami -Dade County
Code, entitled "Miami -Dade County Conflict of Interest and Code of Ethics Ordinance," or
Chapter 2, Article V, Sections 2-611 to 2-619, Miami Code, entitled "Conflicts of Interest," as
amended. No member shall have a voting conflict of interest under Section 286.012, Florida
Statutes, as amended. Members of the Board shall not be transacting business with the City.
It is intended that members and alternate members of the board established by this article be
persons of knowledge, experience, mature judgment, 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
equitable decisions concerning preservation and protection of the physical environment. To
that end, qualifications of members and alternate members shall be as follows:
(1) One member shall be an architect who is or has been registered in the state.
(2) One member shall be a landscape architect who is or has been registered in
the state.
(3) One member shall be a historian or architectural historian qualified by means
of education or experience and having demonstrated knowledge and interest in county
history or architectural history.
(4) One member shall be an architect or architectural historian having
demonstrated knowledge and experience in architectural restoration and historic
preservation.
(5) One member shall be an experienced real estate broker who is or has been
licensed by the state.
(6) One member shall be a person experienced in the field of business and
finance or law.
(7) Three members shall be citizens with demonstrated knowledge and interest in
the historic and architectural heritage of the city and/or conservation of the natural
environment, and may also qualify under any of the above categories.
(8) One alternate member shall qualify under one of the above categories.
*„
Sec. 62-28. Functions, powers and duties, generally.
In addition to such other powers, duties, and authority as may be set forth elsewhere in this
Code and in the zoning ordinance, the board is hereby authorized to:
(1) Maintain and update files from the county historic survey within the city for the purpose
of identifying and preserving those properties and neighborhoods of special historic,
aesthetic, architectural, archeological, paleontological, cultural, social, or political value
City of Miami File ID: 4151 (Revision: D) Printed On: 11/7/2018
or interest. It shall endeavor to improve and expand the survey with additional sites,
documentary information, oral histories, and other such materials as may become
available; and to periodically reevaluate the survey to determine whether changing
times and values warrant recognition of new or different areas of significance.
(2) Serve as a quasi-judicial instrument to designate historic sites, historic resources,
historic districts, and archeological zones pursuant to chapter 23 of the City Code.
(3) Serve as a quasi-judicial instrument to approve or deny certificates of appropriateness
pursuant to chapter 23 of the City Code and article 7 of the zoning ordinance.
(4) Serve as a quasi-judicial instrument to approve or deny certificates of approval
pursuant to chapter 17 of the City Code.
(5) Recommend to the city commission, in reference to specific properties or general
programs, the use of preservation incentives such as, but not limited to, transfer of
development rights, facade easements, financial assistance, public acquisition, building
code amendments, and special zoning regulations.
(6) Maintain a record of unique environmentally significant lands or sites within the city.
(7) Increase public awareness of the value of historic and environmental preservation by
developing and participating 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 utilization of city
funds to promote the preservation of environmentally, historically, and aesthetically
significant properties and neighborhoods.
(9) Promulgate standards for architectural review in addition to those general standards
contained in chapter 23 of the City Code.
(10) Evaluate and comment upon decisions of other public agencies affecting the physical
development and appearance of environmentally, historically, and aesthetically
significant properties and neighborhoods.
(11) Contact public and private organizations and individuals and endeavor to arrange
intervening agreements to ensure preservation of environmentally, historically, or
aesthetically significant properties for which demolition is proposed.
(12) Promote and encourage communication and exchange of ideas and information
between the board and owners of historically and environmentally 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 funding,
property, or interest in property in furtherance of the purposes of historic and
environmental preservation.
(14)Approve historic markers and issue recognition to historic properties within the city.
(15) Adopt and amend rules of procedure.
(16) Advise the city commission on all matters related to the use, administration, and
maintenance of city -owned historic properties and environmental preservation districts.
(17) Any other function which may be designated by Ordinance, resolution or motion of the
city commission.
*„
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 upon its adoption and
signature of the Mayor.2
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 File ID: 4151 (Revision: D) Printed On: 11/7/2018
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami File ID: 4151 (Revision: D) Printed On: 111712018