Town of Davie Planning & Zoning Division
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TOWN OF DAVIE PLANNING & ZONING DIVISION 6591 ORANGE DRIVE DAVIE, FLORIDA 33314-3399 Phone: 954.797.1103 www.davie-fl.gov MEMORANDUM TO: Planning and Zoning Board FROM: David Abramson, Deputy Planning & Zoning Manager THROUGH: David Quigley, Planning and Zoning Manager DATE: May 15, 2017 SUBJECT: Historic Preservation Ordinance BACKGROUND On September 23, 2014, the Broward County Board of County Commissioners enacted Ordinance (#2014-32) revising its historic preservation program to apply to both unincorporated areas and municipalities that have not established a local historical preservation ordinance. Consequently, Town staff has prepared a local ordinance that would add similar historic preservation regulations that are consistent with both federal and state requirements. Through this amendment, the Town could regulate its own program and establish criteria for designating historic and archaeological resources, as well as assist in pursuing Certified Local Government (CLG) status with the state. RECOMMENDATION Find that the proposed ordinance is consistent with and furthers the Town’s comprehensive plan and recommends as such to the Town Council. PZM_2017_25_(Historic_Preservation_Ord) .docx Pg. 1 of 1 HISTORIC PRESERVATION SUMMARY OF PROPOSAL No. Section Issue/Matter Proposal 1 2-73 Boards and Committees Create the Historic Preservation Board that 2-158 Establishes the authority and operations of Town includes the specifics of membership and duties. advisory boards/committees. 2 12-56 to Performance Standards Relocate archeological provisions within this 12-79 Regulates the intensity of development to the section into the proposed historic preservation natural capacity of a site that which otherwise may code. lead to the destruction of natural resources and wildlife habitats, as well as pollution of ground and surface water. 3 12-74 to Historic Preservation Create regulations that manage historic 12-84 In 2011, the Town adopted a Thematic Historic preservation Town-wide. District to assist in preservation of the Bergeron Rodeo Ground, Town Hall, Davie Woman’s Club, Historical regulatory protections are provided by and the Old Davie School. Presently there are no the County when no provisions have been adopted other local ordinances safeguarding Town by a local municipality. historical resources outside this district. ZB(TXT)17-096_Summary.docx ORDINANCE NO. ___________ AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, PERTAINING TO HISTORIC PRESERVATION; AMENDING THE TOWN CODE OF ORDINANCES CHAPTER 2 ADMINISTRATION, ARTICLE V. BOARDS AND COMMITTEES; CHAPTER 12 LAND DEVELOPMENT CODE, ARTICLE IV, DISTRICT PERFORMANCE STANDARDS AND CAPCITY ANALAYSIS AND ARTICLE XIII, SPECIAL PLANNING AREAS AND DISTRICTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Davie, Florida has found that an amendment to the Code of Ordinances to provide for Historic Preservation is necessary to promote the health, safety, and general welfare of the citizens of the Town of Davie, Florida; and WHEREAS, the Town Council of the Town of Davie, Florida has found that there are buildings, structures, sites, or objects within the Town that have specific architectural, historic, or aesthetic significance, and that the loss of these buildings would cause an irreplaceable loss to the people of the Town of the aesthetic, cultural, and historic values represented by such sites. It is hereby declared as a matter of public policy that protection, enhancement, perpetuation, and use of such sites of special historic or aesthetic interest or value is a public necessity and is required in the interests of the health, prosperity, safety, and welfare of the people; and WHEREAS, it is the goal of the Town Council of the Town of Davie, Florida to become a Certified Local Government (CLG) since this certification is a prerequisite to apply for or be competitive to receive grants that are available from the United States Department of the Interior which are administered by Florida Department of State, Division of Historical Resources; and WHEREAS, the Town Council of the Town of Davie, Florida wishes to encourage property owners to restore, renovate, or rehabilitate their historic structures and provide them with an incentive by allowing them to take advantage of the Florida Constitution’s allowance for an Ad Valorem tax exemption when substantial improvements are made to a historic property; and ZB(TXT)17-096_Ord Page 1 of 3 WHEREAS, following proper notice to the public and after having received input and participation from interested members of the public and staff, and having considered the recommendation of the Planning and Zoning Board, the Town Council finds this proposed ordinance consistent with its Comprehensive Plan, as amended, as well as Florida and Federal law; and WHEREAS, at a public hearing on May 24, 2017, the Planning and Zoning Board reviewed this ordinance and made a recommendation to Town Council; and WHEREAS, the Town Council has held two advertised public hearings in accordance with Florida Statutes; and WHEREAS, the Town Council deems it to be in the best interest of the citizens and residents of the Town of Davie to adopt the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA. SECTION 1. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. The Town of Davie Code of Ordinances, Chapter 12, Land Development Code, is hereby amended as set forth in Exhibit “A” (new language is underlined, deleted language is struck through). SECTION 3. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this ordinance. ZB(TXT)17-096_Ord Page 2 of 3 SECTION 5. This ordinance shall take effect immediately upon its passage and adoption. PASSED ON FIRST READING THIS _____ DAY OF______________, 2017 PASSED ON SECOND READING THIS _____ DAY OF______________, 2017 ________________________________ MAYOR/COUNCILMEMBER ATTEST: ___________________________ TOWN CLERK APPROVED THIS _____ DAY OF__________________, 2017 ZB(TXT)17-096_Ord Page 3 of 3 EXHIBIT “A” CHAPTER 2 – ADMINISTRATION ARTICLE V. BOARDS AND COMMMITTEES DIVISION 1. – GENERALLY Sec. 2-73. – Advisory committees. (e) [Reserved]. Historic Preservation Board (governed by Chapter 2, Article V, Division 7 and Chapter 12, Article IV, Division 7. DIVISION 7. Sec. 2-158. Historic Preservation Board. (a) The Historic Preservation Board is hereby established to perform the duties assigned herein, as well as any other duties assigned by the Board. The Historic Preservation Board shall also review National Register nominations in accordance with the National Historic Preservation Act of 1966. The actions of the Historic Preservation Board shall be complementary to the responsibilities of the State Historic Preservation Office. (b) The Historic Preservation Board shall be comprised of five (5) members, each of whom shall be appointed by the Board. All members of the Historic Preservation Board shall be residents of the Town of Davie and shall possess demonstrated knowledge, experience and commitment to historic preservation. Each Town Councilmember shall nominate one (1) member to the Historic Preservation Board. One (1) member of the Historic Preservation Board shall be a licensed architect with demonstrable historic preservation experience. The remaining four (4) members shall be practicing or retired professionals from each of the following areas of disciplines: (1) Archaeology, anthropology, or cultural anthropology; (2) Historic architecture, architectural history, or an allied or related profession; (3) History or folklore; (4) Historic preservation; (5) Planning and land use related to historic preservation; (6) Conservation or curation; (7) General or building contractor; and (8) Professional engineering. In the event no qualified individual has expressed interest in serving in a specific category, the Town Council may nominate an individual with demonstrated special interest, experience, or knowledge of history, architecture, or related disciplines to ensure a Historic Preservation Board comprised of subject matter professionals in the field of historic preservation. (c) The initial term of members shall be staggered so that the end of the term of the initial members shall not end simultaneously. Members shall serve for a one (1) year initial term and shall be permitted to serve additional two (2) year terms. The Historic Preservation Board shall establish rules of procedures, including, but not limited to, procedures for recording of minutes, for training opportunities for Historic Preservation Board members, for election of officers, and for seeking assistance on historic preservation matters requiring expertise not represented within its membership. Any vacancies shall be filled only for the remainder of the original member's term. (d) The Historic Preservation Board shall be subject to the requirements of the Town of Davie Code of Ordinances. (e) In addition to the duties described elsewhere in this