HomeMy WebLinkAbout2006-3521 Ordinance
Revised 6-7-06
ORDINANCE NO. 2006-3521
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, OF
THE CITY CODE ENTITLED, "ADMINISTRATION AND REVIEW
PROCEDURES," BY AMENDING DIVISION 2, "PLANNING BOARD,"
SECTION 118-51, "POWERS AND DUTIES," BY INCLUDING CRITERIA
FOR THE REVIEW OF THE SALE, EXCHANGE, CONVEYANCE OR
LEASE OF TEN YEARS OR LONGER OF SUCH CITY PROPERTY, AS
PROVIDED IN CITY CHARTER, SECTION 1.03(b)3; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Charter, Section 1.03(b)(3), requires that the sale,
exchange, conveyance or lease of ten years or longer of certain City-owned property
shall, as provided by Ordinance, require approval by a majority ( 4/7) vote of all
members of the Planning Board; and
WHEREAS, review criteria are necessary for the proper review and evaluation by
the Planning Board; and
WHEREAS, at its meeting of February 27, 2006, the City's Land Use and
Development Committee (LUDC) reviewed proposed criteria and recommended that an
ordinance that includes these criteria be referred to the Planning Board; and
WHEREAS, at its March 8, 2006 meeting, the City Commission adopted the
LUDC's recommendation, and required the Administration to prepare an ordinance and
refer the same to the Planning Board; and
WHEREAS, the following ordinance fulfills the request of the City Commission
and accomplishes the requirements of Section 1.03(b)3 of the City Charter.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 118, of the City Code entitled, "Administration and Review
Procedures," Division 2, "Planning Board," Section 118-51, "Powers and Duties," is
hereby amended as follows:
Sec. 118-51. Powers and duties.
The Planning Board shall have the following powers and duties:
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!.1.1.2 To review the sale. exchanqe. conveyance or lease of ten years or lonqer of
certain City-owned property. as provided in City Charter. Section 1.03(b)3.
entitled. "Alienability of property", which requires approval by a maiority (4/7) vote
of all members of the Planninq Board. In reviewinq such an application, the
Planninq Board shall consider the followinq review criteria. when applicable:
.9.:. Whether or not the proposed use is in keepinq with City qoals and
objectives and conforms to the City Comprehensive Plan.
.R.:. If a sale. a determination as to whether or not alternatives are available for
the acquisition of private property as an alternative to the proposed
disposition or sale of City-owned properties. includinq assembly of
adjacent properties, and impact of such assemblaqe on the adjacent
neiqhborhood and the City in qeneral.
c. The impact on adiacent properties. includinq the potential positive or
neqative impacts such as diminution of open space. increased traffic.
adequate parkinq. noise level. enhanced property values. improved
development patterns. and provision of necessary services.
d. Determination as to whether or not the proposed use is in keepinq with
the surroundinq neiqhborhood, blocks views or creates other
environmental intrusions. and evaluation of desiqn and aesthetic
considerations of the project.
e. A traffic circulation analysis and plan that details the impact of projected
traffic on the immediate neiqhborhood and how this impact is to be
mitiqated.
f. Determination as to whether or not the proposed use is in keepinq with a
public purpose and community needs. such as expandinq the city's
revenue base. reducinq city costs. creatinq jobs. cre3tinq 3 siqnific3nt
revenue stream. and improvinq the community's overall quality of life.
9.:. If a s31e is proposed. the fin3ncial impact to the Citv. includinq but not
limited to the financi31 return to the City, comparable value of simil3r
tr3ns3ctions, finanoi31 impact on tho City's budqet and tax base.
h.. If a lease is proposed. the duration and basic terms other non-financial
terms of the lease.
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SECTION 2. 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 3. 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 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.
This Ordinance shall take effect ten days following adoption.
1
PASSED and ADOPTED this 12th day 0
,2006.
ATTEST:
~s~
r CITY CLERK Robert parchdr
First Reading:
Second Reading:
APPROVED AS TO
~ . F.pRM AND LANGUAGE
, (&f~ & FOR EXECUTION
. ___ (~i:::ney 7/3 }r:~ Date
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Underscore denotes new language
F:\PLAN\$PLB\draft ordinances\1761 - PB review criteria - city property\PB review under Charter rev by CC 6-7-06.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
Amendment pertaining to creating review criteria for the Planning Board pursuant to Subpart A of the
Cit Charter. Section 1.03 b 3.
Ke Intended Outcome Su orted:
Improve the City's overall financial health
Issue:
The City's Charter requires that the sale, exchange, conveyance or lease of ten years or longer of
certain City-owned property shall, as provided by Ordinance, require approval by a majority vote
(4/7ths) of all members of the Planning Board. The proposed ordinance creates criteria for such
reviews.
Item Summary/Recommendation:
The proposed ordinance creates criteria for the Planning Board to review, evaluate the sale,
exchange, conveyance or lease of ten years or longer of certain City-owned property, which as
required by the City Charter, must be approved by a 4/7ths vote of the Board. The proposed criteria
include, but are not limited to reviewing whether the proposed use (after sale or lease) is in keeping
with City goals, whether there are alternatives to the proposed disposition of the City property; what
impact the disposition will have on adjacent properties, what is the traffic impact derived from the
proposed disposition of City property; is a public purpose achieved; financial impact of the
transaction; and if leased what is the duration of the lease.
The Administration recommends that the Commission adopt the ordinance as modified by the
Commission on June 7, 2006.
Adviso Board Recommendation:
At the May 23, 2006 meeting, the Planning Board recommended that the City Commission adopt the
proposed ordinance as modified, which includes financial impact criteria. The Board approved the
motion b a vote of 6-0 one member absent.
Financial Information:
Source of
Funds:
D
aBPI
Financial Impact Summary:
The proposed Ordinance is not expected to have any fiscal impact.
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
T: DA\2006~uI1206\Regular\1761 - PB review criteria for disposition of city-owned prop
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MIAMIBEACH
AGENDA ITEM
DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~~
July 12, 2006 0 Second Readina Public HearinQ
TO:
DATE:
SUBJECT: Planning Board review criteria pursuant to the requirements of Subpart A
of the City Charter, Section 1.03(b)3.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, OF THE CITY
CODE ENTITLED, "ADMINISTRATION AND REVIEW PROCEDURES," BY
AMENDING DIVISION 2, "PLANNING BOARD," SECTION 118-51,
"POWERS AND DUTIES," BY INCLUDING CRITERIA FOR THE REVIEW OF
THE SALE, EXCHANGE, CONVEYANCE OR LEASE OF TEN YEARS OR
LONGER OF SUCH CITY PROPERTY, AS PROVIDED IN CITY CHARTER,
SECTION 1.03(b)3; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the ordinance as modified by the Commission on
June 7, 2006 be adopted.
BACKGROUND
The City's Charter requires that the sale, exchange, conveyance or lease of ten years or
longer of certain City-owned property shall, as provided bv Ordinance, (emphasis added)
require approval by a majority of (4/7) vote of all members of the Planning Board and
five sevenths (5/7) of all members of the City Commission. An ordinance is required to
establish the criteria upon which the Planning Board should review such transactions.
At the February 27, 2006 meeting, the Land Use and Development Committee (LUDC)
discussed this issue and reviewed some proposed criteria for this type of review and
recommended to the City Commission that an ordinance that includes those criteria be
referred to the Planning Board for review and recommendation. The City Commission
adopted the recommendation of the LUDC and required the Administration to prepare an
ordinance to be referred to the Planning Board.
At the April 19, 2006 meeting, the Planning Board reviewed the proposed ordinance as
referred by the City Commission and requested that the City Attorney's office and the
Administration review an expanded list of review factors adding the concerns below, and
to return at the May meeting with suggested additional language. The Planning Board's
reasoning on the suggested additional language was that these are necessary criteria
for the review of disposition or lease of City property and whether the City Commission
Commission Memorandum
Planning Board review criteria pursuant to the requirements of Subpart A of the City Charter,
Section 1.03(b)3.
July 12, 2006 Page 2
would like the Planning Board to review all of them or only some of them, the financial
impact of these types of transactions should be reviewed.
· Financial impact: market rates, market sales price, return to the City,
comparable value of similar transactions, reasonable limitations on base.
· Is there a compelling public purpose for the transaction
· Duration of lease
ANAL YSIS
On two previous occasions, the Planning Board had reviewed the exchange and long-
term lease of City-owned properties. Absent specific guidelines, the Planning
Department used the analysis required by Section 82-38 of the City Code (commonly
known as the Shapiro Review) when City-owned property is proposed for sale or lease.
The proposed ordinance amends Section 118-51, "Powers and Duties," of the Planning
Board by adding to these duties the review of the sale. exchange, conveyance or least of
10 years or longer of certain City-owned properties. There are two versions of the
proposed amendment -one includes review criteria as previously proposed, and the
second version is the Planning Board's recommended version.
The Planning Board version of the ordinance includes the following criteria:
a. Whether or not the proposed use is in keeping with City goals and objectives and
conforms to the City Comprehensive Plan.
b. If a sale, a determination as to whether or not alternatives are available for the
acquisition of private property as an alternative to the proposed disposition or
sale of City-owned properties, including assembly of adjacent properties, and
impact of such assemblage on the adjacent neighborhood and the City in
general.
c. The impact on adjacent properties, including the potential positive or negative
impacts such as diminution of open space, increased traffic, adequate parking,
noise level, enhanced property values, improved development patterns, and
provision of necessary services.
d. Determination as to whether or not the proposed use is in keeping with the
surrounding neighborhood, blocks views or creates other environmental
intrusions, and evaluation of design and aesthetic considerations of the project.
e. A traffic circulation analysis and plan that details the impact of projected traffic on
the immediate neighborhood and how this impact is to be mitigated.
f. Determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base,
reducing city costs, creating jobs, creating a significant revenue stream, and
improving the community's overall quality of life.
Commission Memorandum
Planning Board review criteria pursuant to the requirements of Subpart A of the City Charter,
Section 1. 03(b) 3.
July 12, 2006 Page 3
g. If a sale is proposed, the financial impact to the City, including but not limited to
the financial return to the City, comparable value of similar transactions, financial
impact on the City's budget and tax base.
h. If a lease is proposed, the duration and basic terms of the lease.
The Administration version of the ordinance removed criteria f. g. and h. from the listed
criteria above, following the recommendation from the Land Use and Development
Committee (LUDC), which was adopted by the City Commission at the time this item
was referred to the Planning Board. At the time the LUDC recommended what is now
labeled as the Administration recommendation, the discussion centered on what is
applicable for the Planning Board to review and approve and what is applicable for the
City Commission to review and approve. Some of the Committee members believed
that financial impacts of any of these types of transactions should be under the purview
of the City Commission review rather than the Planning Board. These criteria are part of
the list contained in Section 82-38 (a/k/a the Shapiro review), which the City Commission
reviews at a public hearing prior to the sale or lease of City property. For the
Commission's information, these are as follows:
(1) Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
(2) The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed, the proponent shall be responsible for obtaining a traffic
impact analysis from a reputable traffic engineer.
(3) A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base,
reducing city costs. creating jobs, creating a significant revenue stream, and
improving the community's overall quality of life.
(4) Determination as to whether or not the development IS In keeping with the
surrounding neighborhood will block views or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
(5) The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
(6) A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project
could be accomplished under a private ownership assembly.
Commission Memorandum
Planning Board review criteria pursuant to the requirements of Subpart A of the City Charter,
Section 1.03(b)3.
July 12, 2006 Page 4
(7) Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and the
return to the city for its disposition of property.
(8) Such other issues as the planning. design and historic preservation division may
deem appropriate in analysis of the proposed disposition.
PLANNING BOARD ACTION
At the May 23, 2006 meeting, the Planning Board recommended that the City
Commission adopt the Planning Board version of the proposed ordinance, which added
three new criteria that address the financial impact of any disposition, whether lease or
sale, of City-owned property. The Board approved the motion by a vote of 6-0 (1
member absent).
CITY COMMISSION ACTION
At the June 7, 2006 meeting, the City Commission approved the Administration's version
of the ordinance Section 118-51 (11) items a through e; and modified Planning Board's
version items f and h as follows:
f: Determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such os exponding the oity's revenue boce,
reduoing city coste, creoting jobs, creoting 0 significont revenue streom, and
improving the community's overall quality of life.
g: deleted
h: If a lease is proposed, the duration and bosic terme other non-financial terms of
the lease.
These modifications have been included in the ordinance attached for second reading
public hearing.
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance as modified.
Pursuant to Section 118-164(3) of the City Code, when a request to amend the Land
Development Regulations 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 the newspaper. Immediately following the public hearing at the second
reading. the City Commission may adopt the ordinance by an affirmative vote of five-
sevenths.
JMG/TH/JGG/ML
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ce MIAMIBEACH
CITY OF MIAM.I 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 Chambers,3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 12, 2006, to
consider the following:
10:20 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures,"
. Article IV, "Conditional Use Procedure," By Creating Review Guidelines For New Structures 50,000 Square Feet And Over.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
An Ordinance Amending Ordinance No.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida. Providing
For The Classifications In Group V, Being Those Classifications Covered By The Government Supervisors Association Of Florida, Opieu
Local 100, (GSAF), In Accordance With The Negotiated Agreement; Retroactively Effective In The First Pay Period Ending In October Of
2003, There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And Maximum Of Each Pay
Range Will Also Be Increased By One Half Percent (.5%); Retroactively Effective With The First Pay Period Ending In October Of 2004,
There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And The Maximum Of Each Pay Range
Will Also Be Increased By One Half Percent (.5%); Retroactively Effective In The First Pay Period Ending In October 2005, There Shall Be
An Across The Board Wage Increase Of One Percent (1 %), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased
By One Percent (1 %); Amending The Minimum And Maximum Of The Pay Ranges To Reflect The Present Classification And Pay System
Applicable To The Unclassified Classifications; Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:45 a.m.
An Ordinance Amending Chapter 46 Of The City Code, Entitled "Environment," By Amending Article IV, Entitled "Noise," By Amending
Section 46-156. Entitled "Temporary Permits," By Amending The Procedures And Requirements For Construction Activities And Providing
Exceptions Thereto, Prohibiting Construction Noise On Sundays And National Holidays In All Non-Residential Zoning Districts, Except
Under Certain Circumstances And As Authorized By The Building Official, Prohibiting Construction Noise In Residential Zoning Districts
Before 10:00 A.M. And After 4:00 P.M. On Sundays And National Holidays And Prohibiting Construction Noise Between 10:00 A.M. And
4:00 P.M. On Sundays And National Holidays, Providing Provisions For The Revocation Of Temporary Permits, And Providing Subheading
Titles To Be Entitled (A) "Requirements And Procedures," (B) "Violation Of Temporary Permits" And (C) "Revocation Of Temporary
Permlts;"Amending Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation, Warnings" By Amending Subsection
(A) To Clarify The Notice Of Violation Provisions, Amending Subsection (B)(2) To Provide Clarification As To The Number Of Written
Warnings In All Zoning Districts Except Single Family Zoning Districts; Providing For One Written Warning In Single Family Zoning Districts
Prior To A Notice Of Violation And Providing That A Violation, Instead Of A Written Warning, Shall Be Issued If A Violator Is Also Being
Cited For An Illegal Commercial Or Non-Permitted, Non-Residential Use In A Residential Zoning District; Amending Section 46-159
Entitled "Fines And Penalties For Violation; Appeals; Alternate Means Of Enforcement,"By Providing Fines And Penalties For Any Offense
Which Was Committed While The Violator Was Also Engaged In An Illegal Commercial Or Non-Permitted, Non-Residential Use In A
Residential Zoning District.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
>' 2:00 p.m.
An Ordinance Amending Chapter 118, Of The City Code Entitled, "Administration And Review Procedures," By Amending Division 2,
"Planning Board,"Section 118-51, "Powers And Duties," By Including Criteria For The Review Of The Sale, Exchange. Conveyance Or
Lease Of Ten Years Or Longer Of Such City Property, As Provided In City Charter, Section 1.03(B)3.
, Inquiries may be directed to the Planning Department at (305) 673~7550.
2:10 p.m.
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142, "Zoning Districts And
Regulations" Article II. "District Regulations" Division 18, "PS Performance Standard District," Amending Section 142-696 "Residential
Performance Standard Area Requirements," By Amending The Maximum Building Height In The R-PS4 Zoning District; Amending Section
142-697 "Setback Requirements In The R-PS1, 2, 3, 4 Districts," To Provide For Additions To Follow The Existing Building Line And
Modifying The Tower Setbacks.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:20 p.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 IX, "Nonconformances," Section 118-395 To Add New Subsections For Nonconforming
Gasoline Service Stations.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed
to the City Commission. 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 Convention Center Drive,
1st Floor, City Hall, and Miami Beach. Florida 33139. This meeting 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 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 person must ensure 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 for persons with disabilities, and/or any
accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice),
(305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
Ad #378
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