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110603 agenda.doc CHARTER REVIEW BOARD AGENDA November 6, 2003 I. APPROVAL OF MINUTES Minutes of September 2, 2003. II. ISSUES FOR DELIBERATION ZONING REFORM a) CHARTER SECTION 1.03 (b) WATERFRONT PROPERTY Review Of City Charter Section 1.03 (8) Regarding Referendum Requirement Prior To Disposition Of City-Owned Waterfront Property. Amend Charter Section 1.03 (b) "Alienability of Property" by expanding said section's referendum requirement to all city-owned property, deleting all exemptions except those for educational facilities and utility easements, and increasing the period of long-term leases exempt from referendum from five years to ten- years. Item referred back to CRB for study and specifically review the "Shapiro Ordinance." Sec. 1.03. Powers of city. * * * * (b) Alienability of property. The only limitation concerning alienability of City-owned property is the restriction of the sale, exchange, conveyance or lease of ~ ten (10) years or longer (including option periods) of p3rk, rocr03tion, or 't:3torfront proporty in tho all property owned bv the City of Miami Beach while it is being used for SHffi .9. public purpose, unless such sale, exchange, conveyance or lease is approved by a majority vote of the voters in a City-wide referendum. This provision shall be liberally construed in favor of the preservation of all p3rk, rocr03tion, 3nd w3torfront City-owned lands. This provision shall not be construed to apply to any valid written contractual commitments or bids or bonded indebtedness which commitments, bids or indebtedness existed prior to Novombor 4, 1992 November . 2003. Further, this provision shall not apply to any City-owned educational facility ef libr3ry proporty, 3ny p3rking f3cility not loc3tod on p3rk, rocr03tion, or w3torfront proporty or to any utility or access easements" or right of W3YS, or to th3t tri3ngul3r p3rcol of City ownod proporty known 3S P3rcol 2 of South Pointo P3rk loc3tod within tho Mi3mi B03ch Rodovolopmont Ar03, s3id p3rcol gonor311y doscribod 3S boing 138.87 foot fronting on Bisc3yno Stroot with 3 northorly bound3ry of 265.43 foot 3dj3cont to Block 8 of South Pointo Dovolopmont comp3ny, 3nd 3 South03storly bound3ry of 226.20 foot 3dj3cont to Cook Inlot Rogion proporty. M:\$CMB\CITYCLER\CHARTER\12 Nov 6, 2003\agenda\11 0603 agenda.doc Page 1 of2 b) CHARTER SECTION 1.03 (c) FAR Review Of City Charter Section 1.03 (c) Regarding Referendum Requirement Prior To Increase In Floor Area Ratio ("FAR") Of Certain Waterfront Property. Sec. 1.03 (c ) Powers of City The floor area ratio of any property or street end within the City of Miami Beach adjacent to the Atlantic Ocean, Government Cut, Indian Creek or Biscayne Bay shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment [November 7,2001], including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. This Charter Amendment shall become effective on the day after its approval by the voters of the City of Miami Beach. No rights in derogation of the provisions of this Amendment under any ordinance or any other action of the Miami Beach City Commission between the time this measure is approved by the Miami Beach City Commission for placement on the November 6, 2001 ballot and the adoption of this Amendment shall be enforced against the City of Miami Beach. III. ADJOURNMENT M:\$CMB\CITYCLER\CHARTER\12 Nov 6, 2003\agenda\11 0603 agenda.doc Page 2 of2