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HomeMy WebLinkAboutReso 2004-654 RESOLUTION NO. 2004- 654 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPOINTING FIVE (5) MEMBERS TO THE HISTORIC PRESERVATION BOARD ESTABLISHED THROUGH ORDINANCE NO. 2004-197, ATTACHED AS EXHIBITS "A" AND "B"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission created the Historic Preservation Board through Ordinance No. 2004-197 adopted on April 15, 2004, providing for standards and review for the preservation of historical properties within the City; and WHEREAS, the Board will provide recommendations to the City Commission regarding the designation of historic properties within the boundaries of the City; and WHEREAS, the Mayor and City Commission desires to appoint members to the Historic Preservation Board listed below on the Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of ADoointments to the Historic Preservation Board. The City Commission hereby approves the appointments (individual appointments attached as Exhibit "A") to the Board: Chairperson: Dione Del Monico Members: Joe Masters, Herb Abramson, Michelle D' Arbelles, Ellen Wynne Section 2. Mandated by Ordinance No. 2004-197. Board members shall be governed by the terms of Ordinance No. 2004-197 (attached as Exhibit "B"). Section 3. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED and ADOPTED on this 15th day of April, 2004. 'ATTEst: ," -' &~~ . Jane A. Hmes, City ,Clerk , ' ; /- . Appointment of Members to Historic Preservation Board I APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: 5,(;> Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis Thaler Appointment of Members to Historic Preservation Board 2 Moved by: ~ \ <.t ~ORGoat)rWI 141\) Seconded by: C~W\\S.S \0 n) {It B2i. '2-1 tJ V Yes) V' (Yes) v (Yes) V (Yes) V1Y es) _(No) _(No) _(No) _(No) _(No) Exhibit "A" Historic Preservation Board Historic Preservation Board Mayor Norman Edelcup Dione Del Monico, Chairperson Vice Mayor Gerry Goodman Joe Masters Commissioner Roslyn Brezin Herb Abramson Commissioner Danny Iglesias Michelle D' Arbelles Commissioner Lewis Thaler Ellen Wynne Appointment of Members to Historic Preservation Board 3 Exhibit "B" ORDINANCE NO. 2004--19-7 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING STANDARDS AND REVIEW PROCEDURES FOR PRESERVATION OF HISTORIC LANDMARKS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CREATION OF A HISTORIC PRESERVATION BOARD; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT OF MAINTENANCE AND REPAIR PROVISIONS; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. / WHEREAS, the City Commission wishes to protect the City's historical, cultural, archeological, paleontological, and architectural heritage through the preservation and protection of sites of interest with the City; and WHEREAS, the City Commission has a desire to create a Historic Preservation Board whose purpose is to adopt appropriate regulations to ensure the preservation of the historic sites; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Definitions. The following words and phrases, when used in the article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Addition means a construction project physically connected to the exterior of an historic building. Alteration means any change affecting the exterior appearance of an existing improvement by additions, reconstruction, remodeling or maintenance involving change in color, form, texture or materials, or any such changes in appearance of specifically designated interiors. Applicant means an individual or group who provides sufficient written information to the historic preservation board to ascertain that the property meets the minimum eligibility requirements for local historic designation. Archaeological site means a single specific location, which has yielded or is likely to yield information on local history or prehistoric history. Archaeological sites may be found within historic sites or historic districts. Historic Preservation Ordinance Legisl ation/Ord i nances HO~ib Archaeological zone means a geographically defined area, designated pursuant to this article, which may reasonable be expected to yield information on local history or prehistoric history based upon broad prehistoric or historic settlement patterns and including items such as clothing, buckles, pottery and houseware. Board means the historic preservation board. Building means a structure or an edifice designed to stand permanently and intended for use, occupancy or ornamentation. Certificate of appropriateness means a written document, issued pursuant to this article, permitting specified alterations, demolition, or other work to a designated historic landmark or for a building within a designated historic landmark district. (I) Standard certificate of appropriateness means those certificates based on such specific guidelines and standards, as may be officially adopted by the historic preservation board, and for which issuance has been authorized by such board upon findings by the board that proposed actions are in accord with such official guidelines and standards. (2) Special certificate of appropriateness means those certificates involving the demolition, removal, reconstruction, alteration or new construction a tan individual site or in a district which requires determination by the historic preservation board before such certificate can be issued. Certified Local Government means a program administered by the U.S. Department of the Interior which enables communities to have a more direct part in the federal historic preservation program. Contributing building means a building contributing to the historic significance of a district which by location, design, setting, materials, workmanship, feeling, and association adds to the district's sense of time, and place, and historic development. Sunny Isles Beach Register of Historic places means a listing of the properties within the City that have been designated as landmarks or landmark districts by action of the City Commission. Demolition means the act or process of wrecking, destroying, or removing any building or any part thereof. Designated exterior means all outside surfaces of any improvement listed in the designation report as having significant value to the historic character of the building or district. Historic Preservation Ordinance Legis lationJOrd inances HO~ib 2 Designation report means a document prepared by staff for all properties or districts which are proposed for local historic designation. The designation report includes the boundaries of the proposed historic property or district, a summary of its historic significance, and contains location maps and a review guide which describes the physical characteristics of the property or district. Excavation means the removal of earth from its original position. Exterior means all outside surfaces of any building or structure. Historic landmark means any site, building, structure, landscape feature, improvement, or archeological site, which property has been designated as an historic landmark pursuant to procedures described in this ordinance. Historic landmark district means a geographically defined area possessing a significant concentration, linkage, or continuity of landmarks, improvements, or landscape features united by historic events or aesthetically by plan or physical development, and which area has been designated as an historic landmark district pursuant to procedures described in this article; such district may have within its boundaries noncontributing buildings or other structures that, while not of such historic and/or architectural significances to be designated as landmarks, nevertheless contribute to the overall visual character of the district. Historic preservation board means a board consisting of individuals appointed by the City Commission. Historic survey means the results of a systematic process of identifying significant buildings, sites and structures through visual reconnaissance and research for compilation in the Florida Master Site File maintained by the Bureau of Historical Resources, Tallahassee, Florida. Improvement means any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, fountain, sign work of art, earthworks, or other manmade objects constituting a physical betterment of real property, or any part of such betterment. Landscape feature means any improvement or vegetation including, but not limited to, outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and exterior lighting. Multiple property nomination means a group of related significant properties which share common themes, and are organized by historic contexts and property types. National Register of Historic Places means a federal listing maintained by the U.S. Department of the Interior of buildings, sites, structures, and districts that Historic Preservation Ordinance Le gis I ati onlOrd inances HO(jb 3 have attained a quality of significance as determined by the historic preservation act of 1966, as amended. Noncontributing building means a building which does not add to the district's sense of time and place and historic development; or one where the location, design, setting, materials, workmanship, feeling and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost. Ordinary maintenance or repair means any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an improvement, or any part thereof by restoring it, as nearly as practical, to its appearance prior to the occurrence of such deterioration or damage. Reconstruction means the process of reproducing by new construction the exact form and detail of a demolished building, structure or object as it appeared at a certain point in time. Rehabilitation means the process of repairing or altering an historic building so that an efficient contemporary use is achieved, while preserving those significant, historical, architectural or cultural features which establish the character of the property. Relocation means the act of preserving an historic structure which cannot remain on its existing site by physically moving it to a new location. Restoration means the act of accurately recovering the form and details of a property as it appears at a particular period of time, which may involve the removal of later additions or alterations, or the replacement of missing features. Review guide means the component of the designation report prepared by the historic landmark office which lists some of the more prominent features which contribute to the overall character of a structure and/or district. The review guide may be used to address the impact of new construction, additions, modifications, alterations and/or renovations which may become the subject of some future certificate of appropriateness or to address the existing physical characteristics, and may be used to determine whether or not elements which create the character of the structure and/or district are present, or whether subsequent changes to the property have rendered it ineligible for listing. Secretary of the Interior's Standard for Rehabilitation (Revised March 1990) means measures which provide guidance on the sensitive rehabilitation of an historic property. The ten (10) standards generally address design issues which include: character defining elements; changes which have occurred over the course of the property's history; desirable approaches to the repair of damaged Historic Preservation Ordinance Legislation/Ordinances HO/jb 4 features; appropriate cleaning methods; archaeological resources; and new construction in connection with an historic property. Structure means a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. Transfer of development rights (TDRs) means the transfer of development rights or undeveloped floor area from lots containing a designated historic landmark or within a designated historic landmark or within a designated historic landmark district in order to encourage historic preservation and to provide an economic incentive to property owners. Undue economic hardship means an exceptional financial burden that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income producing properties. Section 2. Creation and Duties of the Board. There is hereby created a Historic Preservation Board, as an advisory board for the City Commission. The board hereby vested with power, authority and jurisdiction to designate, regulate and administer historical, cultural, archeological and architectural resources in the City. (a) The historic preservation board shall consist of five (5) members, to be confirmed by the City Commission; each member of the City Commission shall appoint One (I) member; The Mayor shall appoint the Chairperson of the board. (b) The City Commission should attempt to appoint architects, realtors, archeologists, historians, art historians, lawyers or other individuals from business, financial and other segments of the community who, by virtue of their profession or business have demonstrated concern for historic preservation. (c) It is intended that members of the historic preservation board established by this section shall 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 interest required to make informed and equitable decisions concerning conservation and protection of the physical environment. (d) The term of office of membership shall be two (2) years for each member. Members shall be eligible for reappointment. (e) Any vacancy occurring on the board shall be filled by the City Commission for the remainder of the unexpired term. Historic Preservation Ordinance Legisl ationlOrdinances HO/jb 5 (f) Special advisors may be appointed by the City Commission upon recommendation by the historic preservation board. Section 3. Powers and Duties of Board. The Historic Preservation Board shall have the following enumerated powers and duties: (a) Designate individual sites, districts and archeological and paleontological zones with the consent of the City Commission. (b) Maintain and update files from any previously accomplished historic survey within the City for the purpose of identifying and conserving those sites, districts and zones of special historic, aesthetic, architectural, archeological, cultural, social, or political value or interest. (c) Recommend to the City Commission properties for designation as historic landmarks and historic landmark districts. Regulate and administer properties as historic landmarks and historic landmark districts. (d) To approve or deny certificates of appropriateness pursuant to this ordinance. (e) Determine whether an historic landmark destroyed by fire or other natural disaster should be reconstructed. If so, the board may recommend to the City Commission that an exception to the zoning code be granted. (f) Make recommendations to the City Commission concerning the transfer of development rights on sites designated under this ordinance. (g) Increase public awareness of the value of historic conservation by developing and participating in public information programs. (h) 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 archaeologically, historically and aesthetically significant sites, districts and zones. (i) Approve historic markers and plaques and issue recognition to designated historic landmarks and historic landmark districts within the City. (j) Advise the City Commission on all matters related to the use, administration and maintenance of City-owned designated historic landmarks and historic landmark districts. Historic Preservation Ordinance LegislationlOrd inances HO/jb 6 Section 4. Procedures for Designation. Properties which meet the criteria set forth in Section 5 herein below may be designated as archaeological or historical sites in accordance with the following procedures. (1) Proposals. Proposals for designation may be made by the owner, the board, and City Commission and shall include but not limited to the legal description of the site, photographs of the site, a statement of significance and other information supporting the proposal. (2) Designation report. For every proposed site, the City Manager or his designee shall prepare a designation report containing the following information: a. Statement of significance. A statement outlining the significance of the proposed site, the criteria upon which the designation is based and a physical description of the property. b. Boundaries. A map or maps indicating proposed boundaries. Archaeological site boundaries shall generally conform to natural physiographic features which were the focal points for prehistoric and historic activities or may be drawn along property lines, streets, or geographic features to facilitate efficient management. c. Recommendation. The designation report shall also contain a recommendation on whether the Board should designate the property as an archaeological site. (3) Consideration by Board. The Board shall conduct a public meeting to determine whether the proposed archaeological site meets the criteria outlined herein for the purpose of considering all proposed designations and shall approve, approve with conditions, amend or deny the proposed designation. (4) Appeals. Appeals from decisions of the Board may be made to the City Commission. The decision of the City Commission shall be final. Section 5. Standards for Designation of Archaeological and Historical Landmarks Properties may be designated as archaeological sites only if they have significance in the archaeological heritage of the area, state, or nation; and meet one or more of the following criteria: (a) Are associated in a significant way with the life of a person important in the past; or Historic Preservation Ordinance Le gis I ation/Ord inances HO/jb 7 (t) Section 6. (b) Are the site of a historic event with significant effect upon the community, city state, or nation; or (c) Exemplify the historical, cultural, political, economic, or social trends of the community; or (d) Have yielded, or are likely to yield, information important in prehistory or history; or (e) Contain any subsurface remains of historical or archaeological importance or any unusual ground formations of archaeological significance; or Are designated in the City of Sunny Isles Beach Comprehensive Plan/or Florida Master Site File. Enforcement of Maintenance and Repair Provisions. Where the historic preservation board or board's staff determines that any improvement within a designated historic landmark, or historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to an historic landmark or historic landmark lack maintenance and repair to such an extent as to detract from the desirable character of the historic landmark or historic landmark district, it shall request appropriate officials or agencies of the City to require correction of such deficiencies under authority of applicable laws and regulations. Section 7. Unsafe Structures. In the event the building official determines that any structure within a designated historic landmark or historic landmark district is unsafe pursuant to the Florida Building Code, he shall immediately notify the historic preservation board with copies of such findings. Where reasonably feasible within applicable laws and regulations the building official shall endeavor to have the structure repaired rather than demolished and shall take into consideration any comments and recommendations by the board. The board may take appropriate actions to effect and accomplish preservation of such structure including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with procedures in the Florida Building Code. Section 8. Filing a Report. The Board through the City Manager or designee shall annually file a report with the Clerk of the Board of Miami-Dade County Commission. This report shall briefly state the name, address and qualification of its historic preservation board members; when each member joined and, if applicable left the board; the name, address and telephone number of its historic preservation staff members and consultants; and the number of designation reports and certificates of appropriateness prepared and considered in that year. Attached to the report shall be a copy of the minutes of the meetings of the municipality's historic Historic Preservation Ordinance Legis I ationlOrd inances HO/jb 8 preservation board for that year and any designation reports and certificates of appropriateness by its staff during that year. Section 9. Economic Incentives It is the policy of the City to assist the owners of historic properties to obtain applicable State and Federal tax benefits for preseving historical properties. Section 10. Decisions on Certificates of Appropriateness The Board's decision on an application for a certificate of appropriateness shall be based upon an evaluation of the compatibility of the physical alteration or improvement with surrounding properties and where applicable compliance with the following: a. The Secretary of Interior's Standard for Rehabilitation and Guidelines for Rehabilitating historic buildings as revised from time to time; and b. Other guidelines/policies/plans adopted or approved by resolution or ordinance by the City Commission. Section II. Penalties for Violation. Any person who carries out or causes to be carried out any work in violation of this article shall be required to restore the subject improvement, landscape feature, or site, either to its appearance prior to the violation or in accordance with a certificate of appropriateness approved by the historic preservation board. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty otherwise provided under State law. Section 12. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 13. Severability. If any section, subsection, clause or prOVISIOn of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 14. Inclusion In The Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Historic Preservation Ordinance Legis I ationlOrd in ances HO/jb 9 Section 15. Effective Date. This Ordinance shall take effect ten (10) days after adoption at second reading. ~"~io) PASSED and ADOPTED on First Reading the (ts day of J'V\ f1tL~\-\ 2004. PASSED and ADOPTED on Second Reading this ~day Of~, 2004. ATTEST: ~~t\ ~ Jane A. Hines, City Clerk Moved by: ,,\~ A- (Y\f\-\.(OR.. GOoDMAN Second by: COW\l'Y\\SS\'Nf.R. e;~!2.IAJ VOTE AS FOLLOWS: S -0 Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler L0 yes ~yes l..1L1 yes ~yes ~yes L.-J no L.-J no L.-J no L.-J no L.-J no Historic Preservation Ordinance Legislation/Ord inances HO/jb 10