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08-02-1982 Organizational Meeting (2)• • Miami jhoresCillage F L OR ID A HISTORIC PRESERVATION BOARD AUGUST 2, 1982 An organizational meeting of the Historic Preservation Board was called for August 2, 1982, 7:30 P.M., at the Village Hall. The following Board members were present: C. Lawton McCall Marty Stofik Ralph Renick Absent: James A. Dixon, Jr. Victor D. Griffith Also Present: Mr. Leslie R. Forney, Village Manager Mr. Forney advised the Board that a letter was received from Mr. James A. Dixon advising he would be out of town on August 2nd. The Village Manager recommended three matters be considered at this meeting, namely, selection of a chairman, determination of plan for meeting on a regular basis and date for the first official meeting of the Historic Preservation Board. Following discussion, Mrs. Marty Stofik, was selected as temporary Chairperson, to serve until such time as a full quorum in attendance selects a Chairman. The choice of Mrs. Stofi was seconded by Mr. McCall and carried. A discussion of Ordinance No. 439-82 followed. There was the question whether tax relief could be offered. Mr. Forney believes that this Ordinance can be successful if we could get Governmental institutions to give tax relief, but pointed out that at this point we do not have the authority to accomplish this. Mrs. Stofik suggests that Council forgive City tax on that portion of value that is shown to increase from time of preservation project on property starts until it is completed. She recommended that the millage on property be capped where it is before preservation project starts, and the increased value that results in the designation will be forgiven. Mr. Forney acknowledged that this might be feasible and would have to be studied by the Village Attorney. r • Jhorenillage FLORID A - 2 - August 2, 1982 Mrs. Stofik discussed a depository of all archive -type records of the Village. Mr. McCall noted that the Library Board was persuaded to take over these public documents. Mr. Forney affirmed that the Historic Preservation Board is the "grandfather" of all archive records. The members in attendance at the meeting agreed that the first formal meeting of the Historic Preservation Board would take place on Wednesday, September 1, 1982 at the Village Hall. In the interim, Mrs. Stofik has agreed to contact the Coral Gables Board, Metro and the County. Mr. Rennick recommended a study of jurisdiction and restrictions we have under our Ordinance and Mrs. Stofik replied she would talk with Mrs. Arva Parks who was Chairman of the Historical Preservation Board of Coral Gables and now a Gables resident. Dade Heritage Trust will also be approached by Mrs. Stofik for ideas relative to tax breaks for home designated historical. Mr. Forney noted that notice of meeting of the Historical Preservation Board will be published in the Miami Shores Village News. The meeting adjourned at 8:10 P.M. Secretary • • • JAMES A. DIXON 11900-19801 JAMES A. DIXON, JR. THOMAS L. HURST EDWARD R. NICKLAUS DENNIS L. WEBB M. STEPHEN SMITH, DEC H. CLAY ROBERTS WILLIAM R. WICKS, lII ROY H. MOSSI RICHARD M. DAVIS DOUGLAS M.Me1NTOSH DERK A. YOUNG DIXON, DIXON, HURST, NICKLAUS Be WEBB ATTORNEYS AT LAW July 23, 1982 Mr. L.R. Forney, Jr. Village Manager Miami Shores Village 10050 N.E. Second Avenue Miami Shores, Florida 33138 Re: Historic Preservation Board SUITE 1500 NEW WORLD TOWER 100 NORTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33132 MIAMI (305) 358-2888 BROWARD (3051 462-3644 TELEX 51-5689 TELECOPIER (305) 374-5964 Dear Mr. Forney: I acknowledge your letter of July 21, 1982, advising of my appointment to the Miami Shores Village Historic Preserva- tion Board. Unfortunately, I will be out of town on Monday, August 2nd and will not be able to attend the proposed organi- zational meeting. However, if a quorum of the Board is available, I see no reason to postpone the meeting on my account. I believe that any of the members of the Board would serve capably as Chairman and have no preference for the position. As to meetings, I do not see that we should be required to meet more often than once every month or two, but I will defer to the wishes of the majority in this regard. JD:as Very, ruly yours, DIXON ORDINANCE NO. 439-82 AN ORDINANCE PROVING GUIDANCE STANDARDS AND REVIEW PROCEDURES FOR THE PRESERVATION OF SIGNIFICANT BUILDINGS, STRUCTURES, SITES AND ARTIFACTS WITHIN MIAMI SHORES VILLAGE, FLORIDA, ESTABLISHING AN HISTORIC PRESERVATION BOARD, PROVIDING AN APPROVAL SYSTEM FOR ALTERING OR DEMOLISHING HISTORIC LANDMARKS, SETTING UP AN APPEAL PROCEDURE, PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION 1. Purpose: The purpose of this ordinance is to promote the cultural, educational, economic and general welfare of the public through the preservation and protection of the historic or a-chi- tecturally worthy buildings, structures, sites and artifacts which impart a distinct aspect to Miami Shores Village, and which serve as visible reminders of the history and cultural heeitage of the Village. SECTION 2. Definitions: (1) Archeological zone - An area designated by this ordinance which is likely to yield information on the history and vehistory of Miami Shores or prehistoric settlement patterns in the Village as determined by the results or the Dade County Historic survey. These zones will tend to conform tc natural physiographic features which were the focal point:. cor prehistoric and historic activities. (2) Certificates of Appropriateness - A certificate issued by the Board permitting certain alterations or improvements to a designated property. Certificate to Dig - A certificate that gives the Board's permission for certain aigging projects that may irvelve the discovery of as yet unknown or known archeological sites in an archeological zce . (3) Certificate of Recognition - A certificate issued by the Board recognizing properties designated pursuant to this ordinance. Demolition - The complete constructive removal of a building on any site. Districts - A collection of archeological sites, buildings, .structures, landscape features or other improvements that are concentrated in the same area aid have been designated as a district pursuant to this ordinance. Exterior - All outside surfaces of a building or structure. (8) Guigelines for Preservation - Criteria established by the Preservation Board to be used in determining the validity of applications for a Certificate of Appropriateness and any Certificate to Dig and to establish a set of guidelines for the preservation of buildings in Miami Shores. (9) Historic Preservation Board - A board of citizens created by this ordinance as described in Section 4. (10) Historic Survey - A comprehensive survey compiled by the Historic Preservation Division of the Dade County Office of Community and Economic Development involving the identification, research and docu- mentation of buildings, sites and structures of any historical, cultural, archeological or architect- ural, importance in Dade County, Florida. (11) Individual Site - An archeological site, building, structure, place or other improvement that has been designated as an individual site pursuant to this ordinance. Under the provisions of this ordinance interior spaces may be regulated only where a build- ing or structure is a designated individual site. (12) National Register of Historic Places - A federal listing maintained by the U. S. Department of the Interior of buildings, sites, structures and districts that have attained a quality of signifi- cance as determined by the Historic Preservation Act of 1966 as amended. (13) Ordinary Repairs or Maintenance - Work done to prevent deterioration of a building or structure or decay of or damage to a building or structure or any part thereof by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage. (14) Owner of a Designated Property - As reflected on the current Metropolition Dade County tax rolls or current retor.d title holder. (15) Undue Economic Hardship - Failure to issue a certificate would place an onerous and excessive financial burden upon the owner that would amount to the taking of the owner's property wtihout just compensation. (16) Landscape Feature - Any improvement or vegetation including, but not limited to outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and exterior lighting. SECTION 3. Selection & Classification of. Structures and Sites: General Criteria for Determination of Structures and Sites for designation as Historical Landmarks. The following criteria are hereby adopted as general guidelines by Miami Shores Village: Districts, sites, buildings, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: 1. That are associated with events that have made a significant contribution to the broad patterns of our history, or . That are associated with the lives of persons significant in history, or (2) 1 3. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction, or 4. That have yielded, or may be likely to yield, information important in history. SECTION 4. Historic Preservation Board A - The Establishment of the Historic Preservation Board. The Historic Preservation Board hereby established, shall consist of five (5) members appointed by the Village Council. All members of the Board shall be familiar with the purposes of preserving and protecting structures and sites having. architectural and historic worth. Initial appointments to the Board shall be two members for a one year term and three members for a two year term. Subsequently all appointments shall be for two years. A member may be reappointed to the Board. The Village Manager shall appoint a secretary to the Board. B - Organization and Members: The members of the Historic Preservation Board shall elect froM its membership a Chairman, who shall serve for a period of one year. The Chairman, upon election, may succeed himself. Each member of the Board shall be a resident of Miami Shores Village during the term of his appointment. All efforts shal be made to include at least one (1) member who is an architect registered in the State of Florida, or an historian or architectural preservationist, one (1) member who is an experienced real estate broker licensed in the State of Florida, one (1) member experienced in the field of business and finance or law, and one member who is a licensed contractor. One member may fill more than one of these requirements. The Board shall have the prerogative of selecting non-voting Special Advisors to the Board. Residency requirements shall not apply to Special Advisors. C Authority to Establish Historic Landmarks: For the purpose of effecting and furthering the protection, preservation and enhancement of historic landmarks, the Board shall have the power to recommend to the Village Council the designation of a structure or site as a historic landmark. D - Jurisdiction: The Board's jurisdiction shall be limited to Miami Shores, Florida. The Board shall be concerned with those elements of change, rehabilitation and/or preservation that affect the quality of the Village. No individuals or organizations shall designate or cause to designate structures or sites within Miami Shores Village without pertinent data being submitted to and approved by the Historic Preservation Board and the Village Council. The Board shall not consider detailed design, interior arrangements or building features not subject to public view, nor shall they make any requirements except for the purpose of preventing development or demolition obviously incongruous to the surroundings. The Board shall, on behalf of the Village, and with the approval of the Council, be responsible for the receipt and custody of donations of property and artifacts. -3- • E - Funding: The Board shall have the prerogative of requesting funds fromthe Council for Board expenditures which shall include, but not be limited to, historic markers, certifi- cates and photographs, and other support services or nnaterials which may be appropriate. F Meetings: The Historic Preservation Board shall -meet quarterly, and in addition, shall meet in accordance with Section 7 of this Ordinance after the receipt by the Board of a.n application for a Certificate of Appropriateness to demolish, remove or repair or in any way make alteration to a building desiadted as a historic landmark in whole or in part. Aum s a ►it_of three vers of the Board The Board shall adopt rules for the transaction of its business and consideration of applications not incon- sistent herewith, which shall provide for the time and place of regular meetings and for the calling of special meetings. All the meetings of the Board shall be open to the public, and a public record shall be kept of the Board's resolutions, proceedings and actions. G - In all its planning and deliberations the Historic Preservation Board shall use The Secretary of the Interior's Standard,for Historic Preservation Projects with Guidelines for Applying the Standard as a basis for its Guidelines for Preservation. H - Assistance of the Secretary of the Board: The designated Secretary of the Board shall provide such technical, administrative and clerical assistance as is required by the Historic Preservation Board. SECTION 5. Procedure for classification: A - Inventory: The Board will be responsible for a comprehensive and continuing survey of buildings, structures, and sites of historic significance in Miami Shores Village. The inventory created by the survey shall include as much information and documentation on the sites as possible. B Nomination for inclusion in Inventory: Such nominations shall be reviewed by the Board and if they meet the general criteria listed in Section 3 of this Ordinance, they shall be recommended to the Village Council for designation as an Historic Landmark. 1. Nomination Initiated by Property Owner/Owners: Any property owner/owners who feels his/their property has historic significance may submit the property and available documentation to the Board for consideration. 2. Nomination Initiated by the Board: A letter shall be sent to the owner/owners of the property by the Board stating that the site has been selected for consideration as a historic landmark, with a full explanation of the reasons for its nomination, with effect of the proposed classification and the process by which such classification is accomplished. The owner/owners will be invited to appear informally before the historic Preservation Board to discuss the matter. Notification of this meeting shall be sent to all involved property owners by Certified Mail at least 14 days prior to the meeting., (4) • 3. Historic Districts and Archeological Zones Nominations for historic districts may be made by any member of the Board, Village Council, officer of the Village or other interested party or organization. Proposed historic district boundaries shall in general be drawn to include all appropriate properties reasonably contiguous within an area and may include properties which individually do not conform to the historic character of the district, but which require regulation in order to control potentially adverse influences on the character and integrity of the district. Archeolo- gical zone boundaries shall generally conform to natural physiographic features which were the focal points for prehistoric and historic activities. All property owners within the boundaries of historic district and archeological zones shall be notified and be invited to appear before the Board to discuss the proposal, and the board shall proceed in the same manner as in Section 3. B2 and B4. 4. Designation of Historic Landmarks The Historic Preservation Board shall recommend to the Village Council properties or sites to be designated as Historic Landmarks. If the Village Councilaccepts the Board's recommendation and if the owner or owners of such property or site, or each of the owners of properties within the district in the case of an historic district. agree,the Council shall designate the property or site as an Historic Landmark. Owners who do not anree shall file a notarized statement with the Village Manager certifying that the party is the sole or partial owner of the private property being considered by the Council and objects to the designation as an Historic Landmark. 5. Action following Council Approval After the Village Council has approved the designation, and with the consent of the property owner/owners, a covenant to run with the land will be duly recorded by Miami Shores in the public records of Metropolitan Dade County. The Council shall issue a Certificate of Recognition to the property owner/owners describing the Historic Landmark and describing its significance. 6. Zoning When the Village Council approves a Historic Landmark designation, the regulations for both the existing zoning category of the property and the Historic Landmark category shall apply. Whenever there is conflict between the regulations, the more restrictive shall apply. SECTION 6. Effect of Historic Landmark Designation: No structure or site that is designated by the Village Council as a Historic Landmark may be demolished, moved or changed in the exterior appearance by addition, reconstruction, alteration or maintenance, or removal of or destruction of trees located on the site until an application for a Certificate of Appropriateness has been submitted to the Historic Preservation Board and has been approved by that Board, or the Village Council on appeal. • SECTION 7. Application for Certificate of Appropriateness for Alteration or Demolition of Historic Landmarks: A - Alterations: 1. Pre -Application Review: Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors, owners or agents shall prepare preliminary scale drawings and outline specifications for review and informal discussion with the Historic Preservation Board. The purpose of this review shall be to acquaint the developer, owner or agent with standards of appropriateness of design that are required in the proposed change in a Historic Land- mark. 2. Filing Applications: After the pre -application review, any person desiring a Certificate of Appropriateness to be issued by the Historic Preservation Board, as required hereby, shall file an application with the Building & Zoninn Department in writing on a form furnished by that Department. Each such application shall describe by legal description and address the land on which the proposed work is to be done; shall show the use of occupancy of the building; shall be accompanied by plans and specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required by the Building and Zoning Department; and shall be signed by the applicant or any authorized agent, who may be required to submit evidence to indicate such authority. 3. Action of Applications: The Building & Zoninn Depart- ment shall transmit the application for a Certificate of Appropriateness together with the supporting informa- tion and material to the Historic Preservation Board for approval. The Board shall act upon the application within 10 working days after receipt by the Secretary of the Board. Nothing herein shall prohibit an extension of time where mutual agreement has been made and the Board may advise the applicant and make recommendations in regard to the appropriateness of the application. If the Board approves the application, a Certificate of Appropriateness shall be issued. If the Certificate of Appropriateness is issued, the application shall be processed in the same manner as applications for building or demolition permits. There shall be a delay of 14 days between the Board granting of a Certificate of Appropriateness and the commencement of any work on the site in order to provide time for an appeal in accordance with Section 10. If the Board disapproves the application, a Certificate of Appropriate- ness shall not be issued. An appeal of the Board's decision may be made to the Village Council Ay the property owner in accordance with Section 10 of this ordinance. B - Demolition of Sites on Landmark Inventory: 1. 6 fhenever an owner shows that a property classified as having historic significance is incapable of earning an economic return on its value, as determined by a qualified source, and the Board of Review does not approve the issuance of a Certificate of Appropriate- ness, the owner shall be notified of his right to appeal under Section 10. of this ordinance. If the Village Council upholds the appeal the provisions of this Section shall apply. (6) • 2. For any building that approved to be demolished before a demolition permit is issued, there will be a 180_day delay to permit the notice action described in Section 7. B3 (below). 3. A notice shall be posted by the Village on the premises of the building or structure proposed for demolition in a location clearly visible from the street. This notice must remain posted during the notification period and it shall be unlawful to remove same, other than by the Village. In addition, the Village shall publish a legal notice in a newspaper of general local circulation at least three times prior to demolition, a first notice of which shall not be more than fifteen (15) days after the date of the application for a permit is filed and the final notice of which shall be published no less than iffteen (15) days prior to the expiration date of the notification period. The purpose of this procedure is to further the purposes of this Ordinance by preserving significant buildings which are important to the education, culture, tradition, aesthetics and economic values of the Village, and to afford the Village, interested parties, historical societies or organizations the opportunity to acquire or to arrange for the preservation of such structures and sites. ,SECTION 8. Applications for a Certificate to Dig within an Archeological Zone 1. Within an archeological zone, new construction, filing, digging, the removal of trees, or any other activity that may alter or reveal an interred archeological site, in an archeological zone shall require a Certificate to Dig before approval. Based on the designation report for the archeological zone, a complete application for a Certificate to Dig and any additional guidelines the Board may deem necessary, the Board shall, within ten days from the date the completed application has been filed, aprove the application for a Certificate to Dia by the owners of a property in a designated archeological zone. The Certificate to Dia may be made subject to specified conditions, including but not limited to, conditions regarding site excavation. In order to comply with the site excavation requirements of the Certificate to Dig, the applicant may agree to permit the County Archeologist to conduct excavation from the time of the approval of the Certificate to Dig until the effective date thereof. The applicant shall have the opportunity to challenge the decision or any conditions attached to the Certificate to Dig by appealing to the Village Council as authorized in Section 10. 2. Approved Certificates to Dig - Approved Certificates to Dig shall contain an effective date not less than 14 days nor more than 60 days from the date of the Board decision. SECTION 9. Maintenance of Designated Properties: Nothing in this ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure which does not involve a change of design, appearance or material, and which does not require a building permit. (7) • • • SECTION 10. Appeals: An appeal from any decision of the Historic Preservation Board upon any matter initiated before such Board may be taken to the Village Council by any citizen or property owner in Miami Shores who is aggrieved by such decision, or by any officer of the Village. Any person desiring to appeal a decision of the Board shall within fourteen (14) days from the date of such decision, file a written notice of appeal with the Village Clerk, whose duty it shall become to send a written' notice of such appeal to all persons previously notified by the Historic Preservation Board on the subject property. The matter shall then be heard by the Village Council at its next meeting, provided at least ten (10) days have intervened between the time of the filing of the notice of appeal and the date of such meeting; if ten (10) days shall not intervene between the time of the filing of the notice and the date of the next meeting, then the appeal shall be • heard at the next following regular meeting of the Village Council. A notice of such appeal shall be published one time in a newspaper of general circulation in Maimi Shores Village. An appeal will stay all proceedings in the matter appealed from until the final disposition of the appeal by the Village Council. Any appeal from a decision of the Historic Preservation Board shall not be granted by the Village Council except by the affirmative vote of a simple majority of the members of the Council. SECTION 11. Severability, if any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. SECTION 12. Enforcement: Violations of this Ordinance shall be prosecuted in the same manner as is prescribed by law or ordinance for the prosecution of violations of other ordinances of Miami Shores Village. SECTION 13. Effective Date: This Ordinance shall become effective on June 30,1982. (8) PASSED on first reading this Y day of May , 1982 PASSED AND ADOPTED on second reading this 15 day of June 1982. ATTEST: LIZZ€17. 7241- • Village Clerk Rob- t J. Lodge Mayor -3- APPOINTMENT OF HISTORIC PRESERVATION BOARD. The following Villagers expressed an interest in serving on this Board:. Mrs. Marty Stofik am/ 9 C `' 35 N. E. 91st Street—, (o Mr. James A. Dixon, Jr. G' 700 L E. 101st Stree Victor D. Griffitai ' - k E. 97th- Stregt- a. Mr. Ralph Renick � 'is—g ®69-3 P07 1579 N. E. 104th Stree Mr. C. Lawton McCall. cA 759—c9-75/ 568 N. E. 102nd Street' Mr. McIntosh moved that James Dixon be appointed for a two-year term. The motion was seconded by Mr. Spahn and passed unanimously. Mr. Everett moved that Mr. C. Lawton McCall be named to a two-year term. The motion was seconded by Mrs. Jensen and passed unanimously. Mr. Vic Griffith was named for a two-year term by motion made by Mr. Spahn, seconded by Mr. McIntosh and passed unanimously. Mr. McIntosh moved that Ralph Renick be named to a one- year term. The motion was seconded by Mr. Everett and passed unanimously. Mrs. Jensen moved that Mrs. Stofik be named to a one-year term. The motion was seconded by Mr. Spahn and passed unanimously. VILLAGE MANAGER'S REPORT: (a) Report on County waste fees - to be reported on with Public Works budget. ANNOUNCEMENTS: (a) July 20 - Budget workshop: Public Works, Parks, Streets, Waste. (b) July 2) Budget workshop: Recreation, Pool, Library. (c) Ju1y27 & 28 - Country Club budget. COUNCIL COMMENTS: Mayor Lodge reported on receiving a letter from the Dade Clean County Commission commending Miami Shores on its high standards of property maintenance. 1/GU/OG -4- Mrs. Jensen brought'up the re -naming of N. E. 2nd Avenue as "Main Street" and 'asked that it be reconsidered at the next regular meeting which request was seconded by Mr. McIntosh. Mrs. Jensen further commented on the recent article in Neighbors concerning a Violation Notice written against her property°of which she had no knowledge resulting in unfair publicity. Mr. Spahn also commented on the publicity in Neighbors, that the zoning article was a disservice to our community with the use of editorial license. He further remarked that he did not think disciplinary action should be taken on the basis of newspaper comments. PUBLIC COMMENTS: Mr. Ken Cutchens, 1235 N. E. 100th St., criticized the article in the Neighbors. Mrs. Mildred Sayers, 150 N. E. 106th St., in referring to the roof article in the Neighbors, stated that it would set a bad precedent to allow this roof to remain. Kevin O'Connor reported that the Police Appreciation Night raised. $1013.50 for the Police Dept. He thanked Ed Abdella, the Recreation Dept. and Mr. Roninette for their assistance. Mayor Lodge announced that there would be a labor negotiations meeting in the Manager's office on Wed. evening, July 21, at 7:15 p.m. • ADJOURNMENT: 8:35 p.m. Village Clerk APPROVED: Robert J. Lodge, Mayor