Ad 1238 (Published October 27, 2016)28NE
NEIGHBORS
THURSDAY OCTOBER 27 2016
MIAMIHERALD.COM
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOVEMBER 9, 2016
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,
on November 9, 2016, at the times listed, or as soon thereafter as the matter can be heard, to consider:
10:00 a.m.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR A PERIOD OF 180 DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER
LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON -SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW -THC CANNABIS, MEDICAL CANNABIS
OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING
THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR
AN EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION
WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY. This Ordinance is being heard pursuant to Section 118 -164 of the City's Land Development Code. Inquiries may be directed to the Planning Department at 305.673.7550.
10:05 a.m.
41ST STREET CD -1 AND CD -3 DISTRICTS ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
(1) AT DIVISION 4, "CD -1 COMMERCIAL LOW INTENSITY DISTRICT," SECTION 142 -272, "MAIN PERMITTED USES;" SECTION 142 -273, "CONDITIONAL USES;" SECTION 142 -274, "ACCESSORY USES;" AND SECTION 142 -279 "SPECIAL
REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS;" AND (2) AT DIVISION 6, "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142 -332, "MAIN PERMITTED USES;" SECTION 142 -333, "CONDITIONAL USES;"
SECTION 142 -334, "ACCESSORY USES;" AND SECTION 142 -340, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS;" TO AMEND THE HOURS OF OPERATION, LOCATION, AND USE RESTRICTIONS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE 41ST STREET CORRIDOR, WHICH IS GENERALLY BOUNDED BY 40TH STREET TO THE SOUTH AND 42ND STREET TO THE NORTH, BETWEEN ALTON ROAD AND INDIAN CREEK;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118 -164 of the City's Land Development Code. Inquiries may be directed to the Planning Department
at 305.673.7550.
10:10 a.m.
CONCURRENCY EXEMPTION - GU & CCC DISTRICTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 122, " CONCURRENCY MANAGEMENT," BY AMENDING SECTION
122 -5, "EXEMPTIONS FROM CONCURRENCY," TO EXEMPT USES AT THE FOLLOWING CITY -OWNED FACILITIES FROM THE CITY'S CONCURRENCY REQUIREMENTS: THE NORTH SHORE BANDSHELL, THE RONALD W. SHANE
WATERSPORTS CENTER, AND THE MIAMI BEACH BOTANICAL GARDEN; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118 -164 of the
City's Land Development Code. Inquiries may be directed to the Planning Department at 305.673.7550.
10:15 a.m.
SOUTH OF FIFTH ALCOHOLIC BEVERAGE ESTABLISHMENT OPERATIONAL REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS ", ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18, "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142 -693, "PERMITTED USES," TO AMEND THE HOURS OF OPERATION, LOCATION AND USE RESTRICTIONS FOR PROPERTIES SOUTH OF FIFTH STREET; PROVIDING THAT EXISTING
ALCOHOLIC BEVERAGE ESTABLISHMENTS SHALL BE DEEMED LEGAL CONFORMING USES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to
Section 118 -164 of the City's Land Development Code. Inquiries may be directed to the Planning Department at 305.673.7550.
10:20 a.m.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE II, ENTITLED
"CARE AND MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, ENTITLED "TREE PRESERVATION AND PROTECTION "; BY AMENDING THE DEFINITIONS IN SECTION 46 -56, BY AMENDING THE PROVISIONS IN
SECTION 46 -58 REGARDING TREE REMOVAL REQUIREMENTS, BY AMENDING THE PROVISIONS IN SECTION 46 -59 TO PROVIDE AN APPEAL PROCEDURE FOR TREE WORK PERMIT DENIALS, BY AMENDING PROVISIONS IN SECTION
46 -61 REGARDING THE REPLACEMENT OF REMOVED PROHIBITED SPECIES AND THE CITY'S TREE PRESERVATION TRUST FUND, BY AMENDING TREE PROTECTION SPECIFICATIONS, TREE PRUNING REGULATIONS, AND THE
EXCEPTIONS IN SECTION 46 -62, BY AMENDING REGULATIONS REGARDING HERITAGE TREES IN SECTION 46 -63, BY AMENDING PROVISIONS REGARDING ENFORCEMENT AND PENALTIES IN SECTION 46 -67, AND BY REPLACING
ALL REFERENCES TO THE PUBLIC WORKS DEPARTMENT, OR DIRECTOR, THROUGHOUT DIVISION 2 WITH ENVIRONMENT AND SUSTAINABILITY DEPARTMENT, OR DIRECTOR, OR HIS OR HER DESIGNEE, THE URBAN FORESTER,
AS MORE SPECIFICALLY SET FORTH THEREIN; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and Section 166.041
Florida Statues. Inquiries may be directed to the Environment and Sustainability Department at 305.673.7010.
10:25 a.m.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V,
ENTITLED "LOCAL BUSINESS TAX," BY AMENDING SECTION 102 -379, "SCHEDULE OF TAXES," BY CREATING THE BUSINESS TAX CATEGORY OF "SHORT TERM RENTALS," AND UPDATING THE "SCHEDULE OF TAXES;" PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and Section 166.041 Florida Statues. Inquiries maybe directed to the Finance Department
at 305.673.6628.
10:30 a.m.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE
V, ENTITLED "LOCAL BUSINESS TAX," BY AMENDING SECTION 102 -377 THEREOF ENTITLED "PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES, AND CRIMINAL PENALTIES," BY ESTABLISHING A
MODIFIED PENALTY AND ENFORCEMENT PROVISION WHICH DELINEATES MONETARY FINES AND CRIMINAL PENALTIES; BY CREATING SECTION 102 -386 THEREOF TO BE ENTITLED "PROPERTY OWNER'S RESPONSIBILITIES
REGARDING LEGALLY PERMISSIBLE TRANSIENT RENTAL AND OCCUPANCY (SHORT TERM) OF RESIDENTIAL PROPERTY," BY PROHIBITING PROPERTY OWNERS FROM ADVERTISING THE TRANSIENT RENTAL OR OCCUPANCY
OF A RESIDENTIAL PROPERTY WITHOUT THE SUBMISSION OF AN AFFIDAVIT TO THE CITY, BY REQUIRING THE AFFIDAVIT TO CONFIRM THAT THE LAND DEVELOPMENT REGULATIONS AUTHORIZE TRANSIENT RENTAL AND
OCCUPANCY; AND ENSURING THAT THE PROPERTY OWNER OBTAINS COMPLIANCE WITH THOSE PROVISIONS SET FORTH WITHIN CHAPTER 102, THE AMERICAN DISABILITIES ACT, THE FLORIDA FIRE PREVENTION CODE AND
THE FLORIDA BUILDING CODE; AND BY FURTHER REQUIRING WRITTEN AUTHORIZATION FROM THE CONDOMINIUM ASSOCIATION FOR THE TRANSIENT RENTAL OR OCCUPANCY OF THE RESIDENTIAL PROPERTY OR UNIT;
AND REQUIRING NOTIFICATION TO PROSPECTIVE GUESTS BY PROPERTY OWNERS THAT OPERATE INDEPENDENTLY OF THE PRIMARY HOTEL OPERATOR; AND ESTABLISHING A PENALTY PROVISION FOR VIOLATIONS OF THIS
SECTION; PROVIDING FOR REPEALER, CODIFICATION AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and Section 166.041 Florida Statues. Inquiries may be directed to the Office of
the City Attorney at 305.673.7470.
10:35 a.m.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE
VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82 -503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES; CO- NAMING AND RE- NAMING OF
STREETS," BY AMENDING SUBSECTIONS (C)(1)(A) AND (C)(2)(A) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO- NAMING OF STREETS, PROVIDING SUNSET PROVISIONS THEREFOR, AND CORRECTING
MINOR SCRIVENER'S ERRORS IN SUBSECTIONS (C)(1) AND (C)(2); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and
Section 166.041 Florida Statues. Inquiries may be directed to the Transportation Department at 305.673.7514.
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, 1. Floor, City Hall, Miami
Beach, Florida 33139. These items are available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1. Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item
herein, may be continued, and under such circumstances, additional legal notice need not be provided.
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 alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and /or any accommodation to review any document or participate in any City- sponsored
proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).
Ad No. 1238
Rafael E. Granado, City Clerk
City of Miami Beach