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2009-3630 OrdinanceORDINANCE NO. 2009-3630 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE MIAMI BEACH CITY CODE, CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE II, "BOARDS," DIVISION 1 "GENERALLY," BY CREATING A NEW SECTION 118-32, "APPLICATION REQUIREMENT FOR LAND USE BOARDS" TO REQUIRE THE FILING OF AN APPLICATION FOR MEMBERSHIP ON ANY OF THE FOUR LAND USE BOARDS NOT LESS THAN TEN DAYS BEFORE APPOINTMENT, PROVIDING FOR WAIVER BY THE CITY COMMISSION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Code provides for the appointment by the City Commission of the members of the Planning Board, Design Review Board, Historic Preservation Board, and Board of Adjustment (the "Land Use Boards"); and WHEREAS, the City Code establishes membership requirements for each of the Land Use Boards; and WHEREAS, an application requirement would facilitate conformance in the appointment process with the prescribed membership requirements; and WHEREAS, the availability of information about applicants for appointment to the Land Use Boards serves an important public policy and governmental interest in transparency. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 118, "Administration and Review Procedures", Article II, "Boards," Division 1, "Generally," is hereby amended by creating a new Section 118-32, "Application Requirement For Land Use Boards", as follows: Sec. 118-32. Application Requirement for Land Use Boards. No person shall be appointed to the Planning Board, Design Review Board, Historic Preservation Board, or the Board of Adiustment unless he or she has filed an application with the City Clerk on the form prescribed, not less than ten days before the date of ~pointment. The Citv Commission may waive this requirement by a 5/7ths vote, provided such waiver shall only be granted one time per board, per meeting, provided further that any applicant granted such a waiver files his or her application prior to being sworn in as a member of these boards. SECTION 2. Repealer. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. 2009-3630 SECTION 3.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. PASSED and ADOPTED this 18thday of March 2009. Matti He rera Bower MAYOR TEST: ~~ ~' CITY CLERK Robert Parcher First Reading: .? - ~ S , O q Second Reading: 3 -1 ~- t? Q Underscore denotes new language. APPROVED AS TO FORM AND LANGUAGE .~ & FOR EXECUTION '~ 2 1$ 04 ty Attorney Date F:\PLAN\$PLB\draft ordinances\1911 -application requirement\for appointment to a LUB ord GH rev.doc 2 COMMISSION ITEM SUMMARY r...,~ln.,ce.~l Ti41o• V V~~NV~~VVM An Ordinance proposing an amendment to Chapter 118, Article II, "Boards" of the City Code requiring that an application be filed with the City Clerk prior to the City Commission making appointments to a Land Use Board. Ke Intended Outcome 5u or[ea: Not Applicable -Regulatory Supporting Data (Surveys, Environmental Scan, etc Not Applicable -Regulatory Iccua• Should the City Commission adopt the proposed ordinance which would require that a person interested in serving on a Land Use Board first would have to file an application with the City Clerk? Item Summary/Recommenaation: SECOND READING PUBLIC HEARING This ordinance will require a person who would like to serve on a land use board to file an application with the City Clerk prior to the Commission considering his/her appointment to any such board. The Administration recommends that the City Commission adopt the ordinance. ~avisory t~oara rcecommenaaiion: At the September 22, 2008 meeting, the LUDC recommended in favor of the ordinance with a modification that would allow the City Commission to waive the application requirement by a 5/7ths vote, provided such waiver is only instituted one time per board per meeting. At the January 27, 2009 meeting the Planning Board recommended adoption of the ordinance. Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: The ro osed Ordinance is not ex ected .to have an fiscal im act u on the resources of the Ci . Ci Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares Si n-Offs: Department rector ~ /assistant City Manager City Manager 911 - ~ MIAMIBEACH req for appointment to a LUB sum.doc AGENDA ITEM ``S~ DATE 3 ~~~' 09 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~. ~/k. DATE: March 18, 2009 1 Second Reading Public Hearing SUBJECT: Application requirement for appointment to a Land Use Board AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE MIAMI BEACH CITY CODE, CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE II, "BOARDS," DIVISION 1 "GENERALLY," BY CREATING A NEW SECTION 118-32, "APPLICATION REQUIREMENT FOR LAND USE BOARDS" TO REQUIRE THE FILING OF AN APPLICATION FOR MEMBERSHIP ON ANY OF THE FOUR LAND USE BOARDS NOT LESS THAN TEN DAYS BEFORE APPOINTMENT, PROVIDING FOR WAIVER BY THE CITY COMMISSION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends adoption of the ordinance. ANALYSIS Several months ago the City Commission requested comments regarding ways to improve the City's current Board and Committee System. At the Land Use and Development Committee (LUDC) meeting of September 22, 2008, a group of interested citizens proposed that the City Commission require that a person who would like to serve on a land use board file an application with the City Clerk prior to the Commission considering his/her appointment to any such board. They explained that the filing of the application would ensure that the members of the City Commission have the information available in advance. In addition, the information would be useful to the various organizations that are enlisted by provisions in the City Code to identify candidates for these boards. The LUDC recommended in favor of the ordinance with a modification that would allow the City Commission to waive the application requirement by a 5/7ths vote, provided such waiver is only instituted one time per board per meeting. PLANNING BOARD ACTION At the January 27, 2009 meeting, the Planning Board recommended adoption of the ordinance by a vote of 7-0. City Commission Memorandum Application requirement for appointment to a Land Use Board March 18, 2009 Page 2 CITY COMMISSION ACTION At the February 25, 2009 meeting, the City commission approved the proposed ordinance on first reading. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact upon the resources of the City. CONCLUSION The Administration recommends that the City Commission adopt the ordinance. Pursuant to Section 118-164 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 a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time and place of the meeting; the title of the proposed ordinance; and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance. An affirmative vote of five-sevenths of all members of the city commission shall be necessary in order to enact any amendment to the Land Development Regulations. T:\AGENDA\2009WIarch 18\Regular\1911 -Application req for appointment to a LUB memo.doc .. { .. _ _.,' _ ... .. - NIIAI~I BEACH 0 ;--• D ~~~TY OF M1AMI.BEACH T rn NOTICE OF PUB~IG HEARINGS ~, ., "~NtJT1CE 13 HEREBY given that second readings and public hearings will.be held by ~, ^the Mayor and City Corrimission of the City of .Miami Beach, Florida; in the Commission ~°D Chambers, 3ro ,floor,. City .Hall; 1700 Convention, Centel Drive, Miami' Beach, Florida, on o -Wednesday, i!Vlarch 18, 2009, to consider the failowing' , . 10:1'5 a.m. _ ~ An .Ordinance Amending The, Land Development Regulations Of The Miami Beach City Code, Chapter 118, "Administr'ation And Review Procedures",.Arficle-II, "Boards," Division 1 "GeneraNy," By Creating A New Section`118-32, "Application Requirement for LandLise - Boards" To Require The Filing Of An Application ..For Membership On -Any Of The'--Four '' Land Use Hoards Not Less Than Ten Days Before Appointment, Providing.For Waiver By The City Commission. Inquiries may be directed to the Planning Department`at (305)'673-7550. l~:20 a.m. s Ordinance Amending The Code Of The City, Of Miami Beach; By .Amending pier 142, "Zoning Districts And Regulations," Article'II, "District Regulations", Division 18, ~Performance'Standard District," Section 142-693 "Permitted. Uses", By'Restricting The Size Of Bars And_'Restaurants As Accessory Use To A Main Permitted Use In~The:R-PS1, R-PS2, R-PS3 And R-PS4 Zoning Districts. ~ - ' ' '~ 3~. - Iriquiries may be directed to the Planning Department.at (305):673-7550... , ~~ ,iHTERESTED PARTIES are invited to appear at this meeting; or be'represented by,an ' .:ag$nt, .or to express their vievrs in writing addressed to the City Commrssion,'c/o the City Clerk,,1700 Conven)ion C~enter.Drive, 1~t Floor, City Hall, Miami.Seaoh;~Florida;33139. ~optes of these.ordinanoes are available fo.r public inspection during normal business hours yin #hs City Clerk's Office, 70.0 Convention Center Drivel ~ Floor, Gity Hall, and Miami Beach, .;Florida 33139. This meeting may be .continued. and under such circumstances.-additional ~, „ - legal notice would nat beprovided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section286.0105,-Fla. Stat., the~Gity 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 into be based. This notice does no# constitute consent by the Gity for the introduction or admission of otherwise inadmissible o~'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) fi04-2489 (voice), , (3b5) 673-7218(TfY) five days in adwarice to initiate your request. TTY users may also call 711 (Florida Relay'Ser/ice). Ad #526 _. _ ,