HomeMy WebLinkAbout2005-3473 OrdinanceORDINANCE NO. 2005-3473
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE VI, "DESIGN REVIEW
PROCEDURES," BY AMENDING SECTION 118-262 TO AMEND THE
REQUIREMENTS FOR FILING AN APPEAL TO THE CITY
COMMISSION; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations of the Code of the City of Miami Beach as they
pertain to the City's Development Review Boards; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the review of
decisions of the Design Review Board by the City Commission; and,
WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance the
requirements for requesting a review of a decision of the Design Review Board; and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 118, Entitled "Administration and Review Procedures", Article VI,
Entitled "Design Review Procedures", of the Land Development Regulations of the Code of the City
of Miami Beach, Florida is hereby amended as follows:
Sec. 118-262. Review of design review decisions.
(a) The applicant, or the city manager on behalf of the city administration, or an affected
person, Miami Design Preservation League or Dade Heritage Trust may seek review of
any order of the design review board by the city commission, except that orders granting
or denying a request for reheating shall not be reviewed by the commission. For purposes
of this section, "affected person" shall mean either (i) a person owning property within
375 feet of the applicant's project reviewed by the board, or (ii) a person that appeared
before the design review board (directly or represented by counsel), and whose
appearance is confirmed in the record of the design review board's public hearing(s) for
such project. The review shall be based on the record of the hearing before the design
review board, shall not be a de novo hearing, and no new, additional testimony shall be
taken. The request shall be in writing, include all applicable fees, shall be by or on behalf
ora named appellant(s), shall state the factual bases and legal argument in support of the
appeal, and shall be submitted to the city clerk on or before the twentieth day after the
date of rendition of the board's order. However, in the event that a petition for rehearing
is filed pursuant to section 118-261, the time for filing a request shall be on or before the
twentieth day after the date of rendition of the board's order on the petition. Upon receipt
of the request, the city clerk shall place the request for review on the city commission
agenda. The city commission shall set a date and time for a hearing. Notice of the review
shall be according to section 118-254, except that there shall be no requirement for
mailed notification regarding the subject review. A full verbatim transcript of all
proceedings which are the subject of the appeal shall be provided by the party filing the
petition, along with a written statement identifying those specific portions of the
transcript upon which the party filing it will rely for purposes of the appeal.; ~z The
verbatim transcript and written statement, or if represented by legal counsel, appropriate
legal briefs, shall be filed no later than two weeks prior to the first scheduled public
hearing to consider the appeal.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE. i~Id/l°~°
This Ordinance shall take effect ten days follow n.
PASSED AND ADOPTED this 12th day of ~aqlu~i~l /
ATTEST: / ~~....,
CITY CLERK
,2005.
APPROVED AS TO
FORM & LANGUAGE
UTION
Date
First Reading: December 8, 2004
Sec°ndReading:~nuar~12~l~05' f
Verified by: /]I~ t~
l/o.~e~[;. Gbm-ez, AICI~ '~
yanmn~ g Direct;r ~
Underscore denotes new language
1/13/2005
T:XAGENDA~2005XJan1205~Regular~DRB Appeals - Final ORD.rev.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
Design Review Board Appeals.
Issue:
Amendment to the Design Review Section of the City Code, modifying the procedures for filing an appeal
of a Board decision.
Item Summary/Recommendation:
On December 8, 2004 the City Commission approved the subject Ordinance on First Reading, but
instructed the Administration and the City Attorney to draft more simplified language. The revised
Ordinance reflects the changes sought by the City Commission.
The Administration recommends that the Ordinance be approved.
Advisory Board Recommendation:
The Planning Board transmitted the proposed Ordinance, with a favorable recommendation, to the City
Commission on October 26, 2004. The Design Review Board evaluated the Ordinance on October 19,
2004 and recommended approval.
Financial Information:
Finance Dept.
City Clerk's Office Legislative Tracking:
Jorge Gomez or Thomas Mooney
Sic n-Offs:
T:~AGENDA~2005~Jan1205\Regular\DRB Appeals - SUMMARY.doc
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fi.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members Of The City Commission
Jorge M. Gonzalez l ~
City Manager
Design Review Board Appeal Procedures
Date: January 12, 2005
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE VI, "DESIGN REVIEW PROCEDURES," BY
AMENDING SECTION 118-262 TO AMEND THE REQUIREMENTS FOR
FILING AN APPEAL TO THE CITY COMMISSION; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
Appeals of Design Review Board decisions to the City Commission are filed with the City
Clerk. Although a notice of appeal must be filed within 20 days of the rendering of the DRB
Order, and transcripts of the meeting must be filed, there is no requirement that the appellant
provide the reasons for the appeal at the time it is submitted.
In order to address this deficiency, the Design Review section of the City Code is being
amended to require that the factual basis and legal argument in support of an appeal be
submitted at the time the appeal is filed, and not midway through the appellate process, or at
the time the matter is heard by the City Commission. The Administration had previously
recommended that additional language be added to include specific references to the
discussion of the record evidence, as well as citations and analysis of controlling cases and
other relevant legal authority. However, the Commission expressed some concems that such
an expanded legal requirement could impact the ability of an average resident or property
owner to file an appeal.
The proposed Ordinance was reviewed by the Design Review Board on October 19, 2004,
which recommended that it be approved. The Planning Board transmitted the Ordinance to
the City Commission with a favorable recommendation on October 26, 2004.
January 11, 2005
Commission Memorandum
Ordinance - DRB Appeal Procedures
Page 2 of 2
On December 8, 2004 the City Commission approved the subject Ordinance on First Reading,
but instructed the Administration and the City Attorney to draft more simplified language. The
revised Ordinance reflects the changes sought by the City Commission.
FISCAL IMPACT:
The proposed Ordinance is not expected to have any fiscal impact.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be
necessary in order to enact any amendments to the Land Development Regulations.
JMG/CMC/JGG/TRM
T:~AGENDA~2005~Jan 1205\Regular~DRB Appeals- MEMO.doc
E
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami
Beach, Florida, in the Commission Chambem, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Flodda, on Wednesday, January 12, 2005, at the times listed below to consider the following:
at 10.15 a.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE, FOR THE
GROUP I CLASSIRCATIONS, BEING THE CLASSIFICATIONS COVERED BY THE AMERICAN FEDERATION OF .STATE,
COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL NO. 1554, IN ACCORDANCE WITH THE NEGOTIATED
AGREEMENT; RETROACTIVELY INCREASING ON THE RRST PAY PERIOD BEBINNING APRIL 19, 2004, THE MINIMUM
OF THE RANGES BY THREE PERCENT (3%) AND THE MAXIMUM OF THE RANGES BY THREE PERCENT (3%);
INCREASING THE SALARY OF EACH EMPLOYEE BY THREE PERCENT (3%) EFFECTIVE WITH THE RRST PAY PERIOD
BESINNING APRIL 19, 2004; BARGAINING UNIT EMPLOYEES SHALL RECEIVE AN ACROSS THE BOARD INC~ OF
THREE PERCENT (3%) WITH THE RRST PAY PERIOD BEGINNING APRIL 18, 2005, AND A THREE PERCENT (3%)
INCREASE TO THE MINIMUM AND MAXIMUM OF THE RANGES; AND AN ACROSS THE BOARD INCREASE OF THREE
AND ONE HALF PERCENT (3.5%) WITH THE FIRST PAY PERIOD BEGINNING MAY 1,2006, AND A THREE AND ONE
HALF PERCENT (3.5%) INCREASE TO THE MINIMUM AND THE MAXIMUM OF THE RANGES; PROVIDING FOR A
REPEALER, SEVERABIUTY, CODIfiCATION, AND EFFECTIVE DATE.
at 10.16 a,m.:
AN ORDINANCE AMENDING ORDINANCE NO. 1335, THE CLASSlFE-D EMPLOYEES' LEAVE ORDINANCE, BY
AMENDING THE PROVISIONS OF SECTION 16 FOR DONATION OF ANNUAL LEAVE AND SICK..L~AVE; PROVIDING FOR
A REPEALER, SL~RABILI'I'~, CODIFICATION,AND AN EFFECT~ DATE
at 10.17 a.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 1613, THE UNCLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY
AMENDING THE PROVISIONS OF SECTION 14 FOR DONATION OF ANNUAL LEAVE AND SICK LEAVE; PROVIDING FOR
A REPEALER, SEVERABIU~ CODIRCATION, AND AN EFFECTIVE DATE.
Inquiries may be directed to Human Resources at (305)673-7524.
at 10.18 a.m,:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE VI, "DESIGN REVIEW
PROCEDURES," BY AMENDING SECTION 118-262 TO AMEND THE REQUIREMENTS FOR RUNG AN APPEAL TO THE
cr[Y COMMISSION; PROVIDING FOR CODIFICATION, REPEALER, SEVERADILIT~, AND AN EFFECTIVE DATE.
at 10'20 a.m.:
TO CONSIDER AN AMENDMENT TO THE CODE OF THE CllY OF MIAMI BEACH, BY AMENDING THE LAND
DEVELOPOMENT REGULATIONS OF THE CITY CODE, CHAFTER 130 "OFF-STREET PARKING," ARTICLE III, "DESIGN
STANDARDS,"BY AMENDING SECTION 130-70 "TEMPORARY PARKING LOT STANDARDS;" AND SECTION 130-71
"PROVISIONAL PARKING LOT STANDARDS" BY CLARIFYING EXISTING REGULATIONS, PROHIBITING PROVISIONAL
LOTS IN THE R-PSI THROUGH 3 RESIDENTIAL PERFORMANCE STANDARDS ZONING DISTRICTS, AND MODIFYING
LANDSCAPING STANDARDS.
Inqeiriea may be directed to the Planning Department at (305)673-7550.
INTERESTED PARTIES ars invit~l to appear at this meeting, or be reprssented by an agent, or to express their views
in writing addrsssed to the City Commission, c/o the City Clerk, 1700 ConvanlJon Center Drive, 1st Floor, CH Hall,
Miami Beach, Rodda 33139. This meeting may be opened and continued arid, under such circumstances additional
legal notice would not be provided.
Robert E. Parc, her,
City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hersby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such
beton must ensurs that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access 'f~ persons with
disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding,
ptesse contact (305) 604-2489 (voice), (305) 673-7218(TTY) five days in advance to initiate your request TrY users
may also call 711 (Rodda Relay Service).
Ad ~293