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Home My WebLink About2006-3527 Ordinance HP Approval Revisions ORDINANCE NO. 2006-3527 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 II, "BOARDS", DIVISION 4, "HISTORIC PRESERVATION BOARD", SECTION 118-106 TO MODIFY THE REQUIREMENTS FOR APPROVALS OF CERTIFICATES OF APPROPRIATENESS; 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 Historic Preservation Board; and, WHEREAS, The City of Miami Beach desires to expand and enhance the requirements for the APPROVAL OF Certificates of Appropriateness and other decisions rendered by the Historic Preservation 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 II, Entitled "Boards", Division 4, Entitled "Historic Preservation Board" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 118-106. Quorum. The presence of a quorum shall be necessary to conduct a historic preservation board meeting. A quorum shall consist of four members of the board. A majority vote of the members present shall be necessary to approve all requests or to decide all issues coming before the board with the following exception2: (1) Issuance of a certificate of appropriateness for demolition, recommendations for historic designation and reclassification of properties listed as "historic" in the historic properties database shall require five affirmative votes. (2) The issuance of a certificate of appropriateness pertainino to revisions to any application for a property where a certificate of appropriateness for demolition was previously issued. includino an after-the-fact certificate of appropriateness for demolition. shall require five affirmative votes. (3) The issuance of a certificate of appropriateness pertainino to any application for new construction. renovation or rehabilitation. except as otherwise provided in this section. shall require four affirmative votes. (4) In the event of a tie vote on a motion on all requests or issues comino before the board. the motion shall be deemed denied. 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. This Ordinance shall take effect ten days followin9'8 PASSED AND ADOPTED this 6th ,2006. ATTEST:Iik~ r ~ CITY CLERK Robert Parcher APPROVED AS TO FORM & L GUAGE OR CUTION .~ )-Lt}()~ Date First Reading: July Second Reading: Verified by: Underscore 8/22/2006 T:\AGENDA\2006\SEP0606\REGULAR\HPB APPROVALS ORD SEP.DOC 2 , COMMISSION ITEM SUMMARY Condensed Title: Ordinance Amendment pertaining to voting, quorum and approval requirements for the Historic Preservation Board. Ke Intended Outcome Su orted: Increase satisfaction with neighborhood character. Issue: Making the relevant section of the City Code consistent with the long standing Board policy regarding tie votes, as delineated in the Board B -Laws. Item Summary/Recommendation: The proposed Ordinance would clarify the requirements and procedures of the Historic Preservation Board as they pertain to ties votes, quorums and voting. On July 12, 2006, the City Commission approved the proposed Ordinance on First Reading. The Administration recommends that the City Commission adopt the proposed Ordinance. Advisory Board Recommendation: On April 10, 2006, the Historic Preservation Board reviewed the subject Ordinance and recommended approval. On June 27, 2006, the Planning Board, transmitted the Ordinance to the City Commission with a favorable recommendation. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 aSPI Total 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 Si Assistant City Manager City Manager tD ..... MIAMIBEACH AGENDA ITEM DATE RS"D q-{, ,ocP tD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manage~ ~ September 6, 2006 () U 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 II, "BOARDS", DIVISION 4, "HISTORIC PRESERVATION BOARD", SECTION 118-106 TO MODIFY THE REQUIREMENTS FOR APPROVALS OF CERTIFICATES OF APPROPRIATENESS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE SECOND READING DATE: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS On March 8, 2005, the Historic Preservation Board approved a development project for the Ritz Plaza Hotel located at 1701 Collins Avenue. On May 10, 2005, the Delano Hotel and the Doubletree Surfcomber Hotel appeared before the Historic Preservation Board requesting a rehearing of the March 8, 2005 approval of the Ritz Plaza Hotel application. The Historic Preservation Board could not reach a consensus on whether are-hearing should be granted, and deadlocked 3-3 on a motion to grant a re-hearing. In light of the fact that the tie vote could not be broken, and in accordance with the Board By-Laws, the request for a rehearing was determined to be denied. The appellants then filed an appeal ofthe Historic Preservation Board decision denying the re-hearing to the Historic Preservation Special Master. The appellants argued, among other things, that Section 118-106 of the City Code specifies that a "majority vote of the members present shall be necessary to approve all requests and decide all issues coming before the Board". The appellants also maintained that notwithstanding the relevant section of the Historic Preservation Board By-Laws, which states that "in the event of a tie vote on any question, project, matter or application at a public hearing or meeting, such decision or recommendation shall be considered denied", the express language in Section 118-106 of the City Code controls. The Special Master concurred with the appellants and the request for a re-hearing was remanded back to the Historic Preservation Board for further consideration. The matter is September 6, 2006 Commission Memorandum HP Board Approvals Ordinance Page 2 of2 currently pending before the Historic Preservation Board, on remand from the Special Master. The proposed Ordinance makes the relevant section of the City Code consistent with the long standing Board policy regarding tie votes, as delineated in the Board By-Laws. This is an important issue because on a number of occasions it is difficult to field an odd number of Board Members and the requirement that all decisions be subject to a majority vote could hold certain items, such as re-hearings, in perpetuity for a lengthy period of time. The proposed Ordinance also clarifies the quorum and voting requirements for revisions to Certificates of Appropriateness, as well as projects not involving demolition. The City Commission referred this Ordinance to the Planning Board on May 10, 2006. At the June 27, 2006 meeting, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation. On July 12, 2006, the City Commission approved the Proposed Ordinance on First Reading. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. CONCLUSION The Administration recommends that the City Commission adopt the proposed Ordinance. 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/TH/JGG/TRM T:\AGENDA\2006\sep0606\Regular\HPB Approvals MEM SEP.doc CD MIAMI BEACH 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 Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 6, 2006, to consider the following: 10:15 a.m. . An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration" Amending Article 3, Entitled "Agencies, Boards, And Committees"Amending Division 25, Entitled "Transportation And Parking Committee"Amending Section 2-190.94, Entitled "Composition", By Reducing The Number Of Voting Members On The Committee From 19 To 14, And Amending The Composition Of The Committee To Delete The MembershipsRepresentation From The Following Organizations: Washington Avenue Task Force; South Pointe Advisory Board To The Miami Beach Redevelopment Agency; Miami Beach Transportation Management Association; Miami Beach Convention Center And Theater Of The Performing Arts (SMG); And Middle Beach Partnership, Inc., D/B/A 41st Street-Middle Beach Partnership; Further Deleting The Non- Voting Ex-Officio Member Representations. Inquiries may be directed to the Parking Department at (305) 673-7275. "', 10:20 a.m. An Ordinance Amending Chapter 46 Of The City Of Miami Beach Code By Adding Article 6 Thereof Entitled ''Turtle Nesting Protection Ordinance," Establishing Regulations For Lighting And Other Activities On Properties Abutting Or Affecting The Beach, Including East OfThe Coastal Construction Control Line, For The Protection Of Sea And Marine Turtles, Endangered Species Nesting On Miami Beach. Inquiries may be directed to the Public Works Department at (305) 673-7080. 10:25 a.m. An Ordinance Amending Chapter 2 Of The Miami Beach City Code, Entitled "Administration"By Amending Article VI, Entitled "Procuremenf'By Amending Division 6, Entitled "Living Wage Requirements For City Service Contracts And City Employees"By Amending Section 2-408(B), Entitled "Health Benefits; Eligibility Period", To Require Covered Employers, OrThe City, To Pay A Living Wage Of $9.81 An Hour, Commencing On The Date Of Hire Of The Covered Employee, Through The Eligibility Period. ' Inquiries may be directed to the Procurement Division at (305) 673-7490. . 10:40 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 II, "Boards", Division 4, "Historic Preservation Board", Section 118-106 To Modify The Requirements For Approvals Of Certificates Of Appropriateness. Inquiries may be directed to the Planning Department at (30.5) 673-7550. 10:50 a.m. An Ordinance Amending Chapter 142, "Land Davelopment Regulations," Of The City Code; By Amending Article IV. "Supplementary Use Regulations,"Section 142-874, "Required Enclosures," By Clarifying Store Enclosures; And Amending Section 142-904,"Additional Mixed Use Entertainment District Regulations," To Allow The Sale Of Cigars And Cigarettes By A Vendor Licensed On The Premises With Transactions To Occur Only Within Private Property. Inquiries may be directed to the Planning Department at (305) 673-7550. 2:00 p.m. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Section 114-1, "Definitions," Clarifying The Meaning Of "Site;"Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 18. "PS Performance Standard District," Claritying That Floor Area May Be Distributed On Block 1 Through Covenants In Lieu Of Unity Of Title. Inquiries may be directed to the City Attorney's Office at (305) 673-7470. i 5:05 p.m. . An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, Florida, Chapter 142, "Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residenti,,1 Districts," By Amending Lot Coverage, Structure Size, Building Height And Setback Requirements For New Single-Family Residential Construction And By Amending The Criteria And Procedural Thresholds For The Review And Approval Of New Single-Family Residential Construction Inclusive Of The Creation Of A New Single-Family Residential Review Panel. 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 ca:1 711 (Florida Relay Service). Ad #386 a ... i!l! ... :c E >C E ... :c ... E o u -0 <5 :;; :I: