HomeMy WebLinkAbout2005-3483 Ordinance
ORDINANCE NO. 2005-3483
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 142 "ZONING DISTRICTS AND
REGULATIONS," BY AMENDING ARTICLE IV. "SUPPLEMENTARY
DISTRICT REGULATIONS," BY CREATING DIVISION 6. "HOUSING FOR
LOW ANDIOR MODERATE INCOME ELDERLY," CREATING SECTION. 142-
1181, "PURPOSE," SECTION 142-1182 "DEFINITIONS," SECTION 142-1183,
"UNIT SIZE," AND SECTION 142-1184 "MANDATORY CRITERIA;"
AMENDING DIVISION 3. "RESIDENTIAL MULTIFAMILY DISTRICTS,"
SUBDIVISION II. "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,"
SUBDIVISION IV. "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,"
SUBDIVISION V. "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,"
DIVISION 4. "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5.
"CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 6. "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18. "PS
PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES TO
DIVISION 6. "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY."
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, it is necessary to review development regulations from time to time and
adapt those regulations to changing needs; and
WHEREAS, there is a need to facilitate and provide for clean, secure and dignified
housing for low and/or moderate income elderly; and
WHEREAS, the current development regulations may hinder the availability of low or
moderate income housing for the elderly; and
WHEREAS, the Land Development Regulations of the City Code do not contain any
references to housing regulations of the elderly; and
WHEREAS, the proposed regulations would facilitate new construction or rehabilitated
housing units for this type of development; and
WHEREAS, these proposed regulations will not affect the general health, safety and
welfare of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Article IV. "Supplementary District Regulations," is hereby amended as
follows:
Division 6. Reservod* HousinQ For Low And/Or Moderate Income Elderly
1 of 9
Section 142-1181. Purpose.
The purpose of this division is to create definitions and mandatory reauirements for new
construction or rehabilitation of housina units for low and/or moderate income elderly in order to
facilitate and provide for clean, secure and dionified housina.
Section 142-1182. Definitions
For purposes of these reoulations, the followina definitions shall apply:
· Elderly Person is a person who is at least 62 years of aae.
· Elderly Household: a one or two person household in which the head of the household
or spouse is at least 62 years of aae.
· Low Income: Households whose incomes do not exceed 50 percent of the median
income for the area as determined by U. S. Department of Housina and Urban
Development.
· Moderate Income: Households whose incomes are between 51 percent and 80 percent
of the median income for the area as determined by U. S. Department of Housina and
Urban Development.
· Housina for low and/or moderate income elderly is not: homes or institutions for the
aaed, which are primarily assisted Iivina facilities. convalescent or nursina homes.
Section 142-1183. Unit Size.
The minimum and averaae unit size for new construction for low andlor moderate income
elderly housina meetina the mandatory criteria of Section 142-1184 shall be 550 sauare feet in
all multifamily and commercial districts. The minimum and averaae unit size for rehabilitated
buildinas for this type of development shall be 400 sauare feet in all multifamily and commercial
districts. Nonconformina buildinas shall comply with the reaulations set forth in Section 118-
395, "Destruction. Repair andlor Renovation of Nonconformino Buildinas and Uses," with the
exception of unit size, which shall be aoverned by this section.
Sec. 142-1184. Mandatory Criteria
Developments aualifvina for the minimum and averaae unit size under this Division shall meet
all of the followina mandatory criteria:
1. The development shall be publicly owned or nonprofit sponsored and owned, or
developed bv for-profit oraanizations utilizina public funds.
2. The applicant shall submit written certification from the correspondina state or federal
aaency in charae of the proaram.
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3. At the time of development review, the property owner shall submit a statement of intent
to construct housina for low and/or moderate income elderly in accordance with this
section.
4. A covenant runnina with the land restrictino the use of the property for housina for low
and/or moderate income elderly for a period of no less than 30 years shall be executed
by the owner of the property, approved as to form and content by the city attorney.
recorded in the public records of Miami-Dade County and shall be submitted prior to the
issuance of a buildina permit. The declarations within the covenant are not severable. If
a subseauent iudicial determination invalidates the aoe restriction. or the covenant. the
city shall not issue a certificate of use and occupancy for a new use until the property
owner satisfies the then applicable unit size reaulations under this Code.
5. Should the property chanae from housina for low and moderate income elderly durina
the covenant period or thereafter, the property shall comply with all applicable
development reaulations existina at the time of the proposed chanae. includina but not
limited to minimum and averaae unit sizes and parkina reauirements.
SECTION 2. That Subdivision II. RM-1 Residential Multifamily Low Intensity is hereby
amended as follows:
Sec. 142-155. Development regulations and area requirements.
*
*
*
(b) The lot area, lot width, unit size and building height requirements for the RM-1 residential
multifamily, low density district are as follows:
Elderlv housinq:
See Section
142-1183
Elderlv housinq:
See Section
142-1183
Maximum
Building Height
Feet
Historic district-
40
(except as
provided in
section 142-
1161)
Otherwise-50
Maximum
Number
of Stories
Historic district-
4
(except as
provided in
section 142-
1161 )
Otherwise-5
Rehabilitated
buildin s-400
Rehabilitated
buildin s-550
SECTION 3. That Subdivision IV. RM-2 Residential Multifamily, Medium Intensity is hereby
amended as follows:
Sec. 142-217. Area requirements.
The area requirements in the RM-2 residential multifamily, medium intensity district are as
follows:
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Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Width Unit Size Unit Size Building Height Number
(Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories
7,000 50 New construction- New construction-- Historic district--50 Historic district--5
550; 800; (except as (except as
provided in section provided in section
Elderly housina - See Elderly housina - 142-1161 ) 142-1161 )
Section 142-1183 See Section 142- Area bounded by Area bounded by
1183 Indian Creek Dr., Indian Creek Dr.,
Rehabilitated Collins Ave" 26th Collins Ave" 26th
buildings-400 Rehabilitated St., and 44th St.-- St., and 44th St.--8
Hotel unit: buildings--550 75 Area fronting west
15%: 300--335 Hotel units--N/A Area fronting west side
85%: 335+ side of Collins of Collins Ave,
Ave. btwn. 76th St. btwn. 76th St. and
and 79 St.--75 79 St.--8
Otherwise--60 Otherwise--6;
Lots fronting Lots fronting
Biscayne Bay less Biscayne Bay less
than 45,000 s.f.-- than 45,000 s.f.-
100 11
Lots fronting Lots fronting
Biscayne Bay over Biscayne Bay over
45,000 sq. ft,--140 45,000 sq. ft.--15
Lots fronting Lots fronting
Atlantic Ocean Atlantic Ocean
over 100,000 sq. over 100,000 sq,
ft,--140 ft,--15
SECTION 4. That Subdivision V. RM-3 Residential Multifamily, High Intensity is hereby
amended as follows:
Sec. 142-246. Development regulations and area requirements.
*
*
*
(b) The lot area, lot width, unit size and building height requirements for the RM-3 residential
multifamily, high intensity district are as follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Height Number
(Square Feet) Width (Square Feet) (Square Feet) (Feet) of Stories
(Feet)
7,000 50 New construction- New 150 16
550; construction-800; Oceanfront lots-- Oceanfront lots--
200 22
Elderly housina - See Elderly housinQ - Architectural dist.: Architectural
Section 142-1183 See Section 142- New construction-- dist: New
1183 120; ground floor construction--13;
Rehabilitated additions (whether ground floor
buildings--400 Rehabilitated attached or additions
Hotel unit: buildings--550 detached) to (whether
15%: 300--335 Hotel units--N/A existing structures attached or
85%: 335+ on oceanfront lots- detached) to
-50 (except as existing
provided in section structures on
142-1161 ) oceanfront lots--
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Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Height Number
(Square Feet) Width (Square Feet) (Square Feet) (Feet) of Stories
(Feet)
5 (except as
provided in
section 142-
1161 )
SECTION 5. That Division IV. CD-1 Commercial, Low Intensity District is hereby amended as
follows:
Sec. 142-276. Development regulations.
The development regulations in the CD-1 commercial, low intensity district are as follows:
Maximum Minimum Minimum Minimum Average Maximum Maximum
Floor Lot Area Lot Width Apartment Apartment Building Number
Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories
(Sauare Feet) (Sauare Feet) (Feet)
1.0 Commercial-- Commercial-- Commercial-- Commercial-- 40 (except as 4 (except
None None N/A N/A provided in as
Residential-- Residential-- New New section 142- provided
5,600 50 construction- construction- 1161 ) in section
550 800 142-
1161)
Rehabilitated Rehabilitated
buildings-400 buildings-550
Elderly Elderly
housina - See housina - See
Section 142- Section 142-
1183 1183
Hotel unit: Hotel units--
15%: 300-- N/A
335
85%: 335+
SECTION 6. That Division V. CD-2 Commercial, Medium Intensity District is hereby amended
as follows:
Sec. 142-306. Development regulations.
The development regulations in the CD-2 commercial, medium intensity district are as follows:
Maximum Minimum Minimum Minimum Average Maximum Maximum
Floor Lot Area Lot Width Apartment Apartment Building Number
Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories
(Sauare Feet) (Sauare Feet) (Feet)
1.5 Commercial-- Commercial-- Commercial-- Commercial-- 50 (Except 5 (Except
None None N/A N/A as provided as provided
Residential-- Residential-- New New in section in section
7,000 50 construction- construction- 142-1161) 142-1161)
550 800
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Maximum Minimum Minimum Minimum Average Maximum Maximum
Floor Lot Area Lot Width Apartment Apartment Building Number
Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories
(Square Feet) (Sauare Feet) (Feet)
Rehabilitated Rehabilitated
buildings-400 buildings-550
Elderly housinq Elderly housinq
- See Section - See Section
142-1183 142-1183
Hotel unit: Hotel units--N/A
15%: 300--335
85%: 335+
SECTION 7. That Division VI. CD-3 Commercial, High Intensity District is hereby amended as
follows:
Sec. 142-337. Development regulations and area requirements.
*
*
*
(c) The development regulations in the CD-3 commercial, high intensity district are as
follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Width Unit Size Unit Size Building Number
(Square Feet) (Feet) (Square Feet) (Square Feet) Height of Stories
(Feet)
Commercial-- Commercial-- Commercial-- Commercial-- 75 Oceanfront lots--22
None None N/A N/A Oceanfront lots- Oceanfront lots within
Residential-- Residential-- New New 200; the architectural dist.,
7,000 50 Construction- construction- Oceanfront lots new construction--13;
550 800 within the ground floor additions to
architectural dist., existing structures on
Rehabilitated Rehabilitated new oceanfront lots--5
buildings-400 buildings- construction--120; 7
550 ground floor Lots fronting on 17th
Elderly additions to Street
housinq - See Elderly existing structures 5
Section 142- housinq - See on Non-oceanfront lots
1183 Section 142- oceanfront lots-50; within the architectural
1183 80 - Lots dist.
Hotel unit: fronting on 17th 11
15%: 300--335 Hotel units-- Street; City Center Area
85%: 335+ N/A 50 - Non-oceanfront (bounded by Drexel
lots within Ave., 16th St., Collins
the architectural Ave., the south property
district; line of lots fronting on
1 OO-City Center the south side of Lincoln
Area (bounded by Rd., Washington Ave.,
Drexel Ave" 16th and Lincoln Rd,),
St., Collins Ave" the subject to the applicable
south property line height restrictions
of lots fronting on (except as provided in
the south side of section 142-1161)
Lincoln Rd.,
Washington Rd"
and Lincoln Rd.);
6 of9
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Width Unit Size Unit Size Building Number
(Square Feet) (Feet) (Square Feet) (Square Feet) Height of Stories
(Feet)
except the height for
lots fronting on
Lincoln Rd. and 16th
St. between Drexel
and Washington are
limited to 50' for the
first 50' of lot depth;
and except the
height for lots
fronting on Drexel
Avenue are limited
to 50' for the first 25'
of lot depth (except
as provided in
section 142-1161)-
7
SECTION 8. That Division 18, "PS Performance Standard District," is hereby amended as
follows:
Sec. 142-696. Residential Performance Standard Area Requirements.
The residential performance standard area requirements are as follows:
Residential Subdistricts
Performance P-PS 1 R-PS2 R-PS3 R-PS4
Standard
Minimum lot area 5,750 square feet 5,750 square feet 5,750 square feet 5,750 square feet
Minimum lot width 50 feet 50 feet 50 feet 50 feet
Required open 0,60, See section 0,65, See section 0.70, See section 0,70, See section
space ratio 142-704 142-704 142-704 142-704
Maximum building 45 feet 45 feet 50 feet Non-oceanfront--80
height* Lots 50 feet wide or Lots 50 feet wide or Lots 50 feet wide or feet;
less--35 feet less--35 feet less--35 feet Oceanfront --1 00
feet; except that in
the Ocean Beach
Historic District--35
feet for the first 60
feet of lot depth, 75
feet thereafter,
subject to the line-of-
sight analysis of
Sec, 142-697(d)
Lots 50 feet wide or
less--35 feet
Maximum number of 5 5 5 Non-oceanfront--8
stories Lots 50 feet wide or Lots 50 feet wide or Lots 50 feet wide or Oceanfront--11
less--4 less--4 less--4 Lots 50 feet wide or
less--4
In the Ocean Beach
Historic District--7
70f9
Residential Subdistricts
Performance P-PS1 R-PS2 R-PS3 R-PS4
Standard
Maximum floor area 1.25 1,50 1.75 2.0
ratio
Minimum floor area New construction- New construction- New construction- New construction-
per apartment unit 700; 650; 600; 550;
(square feet); except Rehabilitated
as provided in 142- buildings--400 Rehabilitated Rehabilitated Rehabilitated
1183 for elderly buildings--400 buildings--400 buildings--400
housina,
Minimum average New construction - New construction-- New construction-- New construction--
floor area per 900; 900; 850; 800;
apartment unit
(square feet); except Rehabilitated Rehabilitated Rehabilitated Rehabilitated
as provided in 142- buildings--550 buildings--550 buildings--550 buildings--550
1183 for elderly
housina.
Minimum floor area N/A N/A 15% = 300--335 15% = 300--335
per hotel unit square feet square feet
(square feet) 85% = 335+ square 85% = 335+ square
feet feet
Minimum parkina Pursuant to chapter 130 and section 142-705 requirement
Minimum off-street Pursuant to chapter 130, article III.
10adinQ
SiQns Pursuant to chapter 138.
Suites hotel Pursuant to article IV, division 3 of this chapter,
SECTION 9. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 10. Codification.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 11. Severability.
If any section, subsection, clause or proVIsion of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 12. Effective Date.
/
/
I
/
This Ordinance shall take effect ten days following ado ti
PASSED and ADOPTED this 18th day of
ATTEST: V d1 . . . <f f ~~
CITY CL~
Robert Parcher
First Reading:
Second Reading:
Verified by:
Underscore d tes new language
Strikothrough enotes deleted language
F:\PLAN\$PLB\draft ordinances\2005\1703 - Elderly housing ord4,doc
90f9
,2005.
MAYOR
David Dermer
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
~ 4-)..?-d5
~ City Attorney Date
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Housing for low and moderate income elderly: Creating Division 6, "Housing for low and/or moderate
income elderly," Chapter 142, by establishing a purpose, definitions, minimum and maximum unit size of
550 s uare feet, and mandato criteria for new construction or rehabilitation of housin units for the elderl
Issue:
Should the development regulations for low and moderate income elderly be amended?
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the ordinance.
Adviso Board Recommendation:
At the March 29, 2005 meeting of the Planning Board, a motion was made and approved by a vote of 6-0 to
recommend to the Cit Commission a roval of the ordinance.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
/
Cit Clerk's Office Le islative Trackin
Mercy Lamazares/Jorge Gomez
City Manager
AGENDA ITEM
DATE
~ S-C-
S-lg..O~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl,gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: May 18, 2005
From:
Jorge M. Gonzalez \... _~.
City Manager U .ro
Second Readina Public HearinQ
Subject:
Elderly Housing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142 "ZONING DISTRICTS
AND REGULATIONS," BY AMENDING ARTICLE IV. "SUPPLEMENTARY
DISTRICT REGULATIONS," BY CREATING DIVISION 6. "HOUSING FOR
LOW AND/OR MODERATE INCOME ELDERLY," CREATING SECTION.
142-1181, "PURPOSE," SECTION 142-1182 "DEFINITIONS," SECTION
142-1183, "UNIT SIZE," AND SECTION 142-1184 "MANDATORY
CRITERIA;" AMENDING DIVISION 3. "RESIDENTIAL MULTIFAMILY
DISTRICTS," SUBDIVISION II. "RM-1 RESIDENTIAL MULTIFAMILY LOW
INTENSITY," SUBDIVISION IV. "RM-2 RESIDENTIAL MULTIFAMILY,
MEDIUM INTENSITY," SUBDIVISION V. "RM-3 RESIDENTIAL
MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD-1 COMMERCIAL,
LOW INTENSITY DISTRICT," DIVISION 5. "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," DIVISION 6. "CD-3 COMMERCIAL,
HIGH INTENSITY DISTRICT," AND DIVISION 18. "PS PERFORMANCE
STANDARD DISTRICT," BY INCLUDING REFERENCES TO DIVISION 6.
"HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY."
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
The Housing Authority of the City of Miami Beach requested that the City Commission look
at the issue of housing for low and moderate income elderly, and how by revising the Land
Development Regulations of the City Code as it pertains to minimum and average unit size
could help facilitate this type of development. At the January 12, 2005 meeting the
Commission referred this issue to the Land Use and Development Committee (LUDC) for
discussion. At its February 14, 2005, the LUDC discussed this issue and approved in
concept the ordinance presented for review and by a 3-0 vote, and to send it to the
Commission Memorandum
May 18, 2005
Elderly Housing
Page 2
Planning Board for review and recommendation; this item was formally referred to the
Planning Board at the February 23,2005 Commission meeting.
ANALYSIS
This ordinance will facilitate new construction or rehabilitated housing units and provide for
clean, secure and dignified housing for low andlor moderate income elderly. In this regard,
and to include safeguards for this type of development, the proposed ordinance consists of
the following sections: Purpose, Definitions, Unit Size, and Mandatory Criteria. These
sections are further explained below.
Currently, the City Code does not have any provisions for new construction of residential
units that are intended for specific groups such as the low/moderate income elderly. The
existing requirement applies to all residential developments and makes no distinction for
these specific groups - all new construction must meet a minimum unit size of 550 square
feet and an average unit size of 800 square feet. In the area south of 6th Street, the
minimum requirements range from 550 square feet to 700 square feet and the average
range from 800 to 900 square feet for new construction. The minimum and average unit
size for rehabilitated buildings is 400 and 550 respectively throughout the City. This
proposal amends the minimum and average unit size for new construction to 550 square
feet; however the existing regulations for rehabilitated buildings remain as they are. The
number of units that could be built under the proposed amendment would increase
approximately 30-40% depending on the zoning district; more in the area south of 6th Street
because of the larger minimum and maximum unit size requirement currently existing in the
City Code.
Similar to the reduced parking requirements for elderly housing (approved by the
Commission in May 2003), one of the concerns is to ensure that this type of development
remains targeted to the elderly and does not become an open door for developers to avail
themselves of these proposed regulations and abandon the specific targeted population. In
this regard, the stated purpose of this regulation is to provide clean, secure and dignified
housing for the elderly. Definitions that clarify the targeted population age, household and
low and moderate income limits based on HUD regulations have been incorporated (some
of these definitions appear in Chapter 420.503 of the Florida Statutes).
Any amendment to the City Code with regard to elderly housing developments would have
to require some type of restrictive covenant to ensure the intended use is provided for a
significant period oftime. To that effect, mandatory criteria have been incorporated into the
ordinance that requires, among other things, a covenant running with the land restricting
the use of the property for housing for low andlor moderate income elderly for a period of
no less than 30 years. This covenant is to be executed by the owner of the property,
approved as to form and content by the city attorney, and recorded in the public records of
Miami-Dade County.
With regard to concerns of discrimination, Chapter 760, FS provides for exemption of
housing intended for, and solely occupied by persons 62 years of age or older. U. S. HUD
Commission Memorandum
May 18,2005
Elderly Housing
Page 3
prohibits discrimination based on your race, color, national origin, religion, sex, family
status, or disability and proclaims this illegal by federal law; however, housing for the
elderly is not affected.
PLANNING BOARD ACTION
At the March 29, 2005 meeting of the Planning Board, a motion was made and approved
by a vote of 6-0 to recommend to the City Commission approval of the ordinance with a
minor modification to the language relative to the change to other use after 30 years. The
modification clarifies the existing language and has been incorporated in the ordinance.
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment.
CITY COMMISSION ACTION
At the April 20, 2005 meeting, the City Commission approved the proposed ordinance on
first reading with a minor modification to Section 142-1184 (5), (in bold letters) which reads
"Should the propertv chanoe from housino for low and moderate income elderly durina the
covenant period or thereafter." This modification has been incorporated into the
proposed ordinance for the second reading public hearing set for May 18, 2005.
CONCLUSION
Pursuant to Section 118-164(3), when a request to amend the Land Development
Regulations of the City Code does not change the actual list of permitted, conditional or
prohibited uses in a zoning category, the proposed ordinance may be read by title or in full
on at least two separate days and shall, at least ten days prior to adoption, be noticed once
in a newspaper of general circulation in the city.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance by an affirmative vote of five-sevenths of all members of the City
commissi~~
JMGITH/J~fu/ML
T:\AGENDA\2005\May1805\Regular\ 1703 - elderly housing cc memo 5-18-05.doc
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
~
....,.
.
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 I:
Crambers, 3rd floor, City Hall, 1700 Conventi~n Center Driv~, Miami Beach, >-
Florida, on Wedndsday. May 18,2005, to consider the follOWing: . .;
; z
1015A,M, . :::l
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, tIl
Er,titled "Miscellaneous Offenses," To Create Article VI, To Be Entitl"d "Sex
Otfenders" And Creating Section 70-400, Entitled "Sex Offender R:'sldency
Prahibition" Providing For A Prohibition From Sex Offenders Com'eted Of ,1.
Crimes Under Certain Florida Statutes From Living Within 2500 Feet Of . ft
Specified Locations Within The City Of Miami Beach ~
J:
Inquiries may be directed to the City Manager's Office at (305) 673-701 0, ~
, . !l:20A,M,
An Ordinance Amending The Land Development Regulations Of The City, By
Amending Chapter 118, "Administration And Review Procedures," Article X,
"Historic Preservation," Division 4, "Designation," Section 118-~8 ~, By
Amending The Procedures For Instructions To The Planning Department For
Designation Of Historic Structures And The Issuance Of Demolition Perm its
;.;:"
Inquiries may be directed to the Planning Department at (305) 673-7550,
0:30 A.M,
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 142 "Zoning Districts And Regulations," By Amending Article IV,
"Supplementary District Regulations," By Creating Division 6 "Housing For
Low And/Or Moderate Income Eld!!rly," Creating Section 142-1181,
"Purpose," Section 142-1182 "Definitions," Section 142-1183, "Unit Size,"
And Section 142-1184 "Mandatory Criteria;" Amending Division 3,
"Residential Multifamily Districts," Subdivision II "RM-l Residential
Multifamily Low Intensity," Subdivision IV, "RM-2 Residential Multifamily,
Medium Intensity," Subdivision V. "RM-3 Residential Multifamily, High
Intensity," Division 4 .CD-1 Commercial, Low Intensity District," Division 5,
"CD-2 Commercial, Medium Intensity District," Division 6, "CD-3
Commercial, High Intensity District," And Division 18, upS Performance
Standard District," By Including References To Division 6, "Housing For Low
And/Or Moderate Income Elderly"
inquiries may be directed to the Planning Department at (305) 673-7550.
5:20 P,M.
An Ordinance Relating To Watercraft; Amending Chapter 66 By Enacting A
New Section 66-8 Regulating The Anchoring And Mooring Of Watercraft
Within The Boundaries Of The City; Regulating Anchoring Or Mooring For
Nonnavigational, Live-Aboard, And Other Purposes; Defining NonnavigatlonaJ
Purposes And Exceptions, And Live-Aboard; Establishing A Penalty For
Viollllion;
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED PARTIES are invited to appear at this meeting, or be represented
by an. aQent, or to e~press their \(iews in ~riting addressed to the City
Comml~slo,n, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City
Hall, Miami Beach, Florida 33139, Copies of these ordinances are available
for public inspection during normal business hours In the City Clerk's Office
1700 Con~ention ~enter Drive, 1st Floor, City Hall, Miami Beach, Florida
33139, ThiS meetmg may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk.
City of Miami Beach
Pursuant to Section 286,0105, Fla, Stat., the City hereby advises the public
th.at: 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
pe~son must ,ensure that a v,erbatim record of the proceedir.gs i:i 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, .'
!o requ~st this material in accessible format, sign language interpreters,
informatIOn on access for persons with disabilities, and/or any accommodation to
review any document or pa~cipate in any city-sponsored proceeding, please
contact (305) 604-2489 (VOice), (305)673-7218(TTY) five days in advance to
initiate your request, m users may also call 711 (Florida Relay Service):
Ad #305
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