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2010-3712 Ordinance REVISED VERSION (INCLUDING ACCESSORY COMMERCIAL USES) AS PRESENTED TO THE FPNA BY THE PROPONENT (Revised for form approval by City Attorney's Office) ORDINANCE NO. 2010 -3712 AN ORDINANCE OF THE MAYOR AND CITY COMMISION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142, ZONING DISTRICTS AND REGULATIONS, ARTICLE V, SPECIALIZED USE REGULATIONS, DIVISION 7, BED AND BREAKFAST INNS, SECTION 142 -1401, "CONDITIONS FOR BED AND BREAKFAST INNS," BY MODIFYING THE CONDITIONS FOR BED AND BREAKFAST INNS TO WIDEN THE ELIGIBILITY FOR ALTERATIONS, AND PERMITTING LIMITED ASSEMBLY TYPE ACCESSORY USES, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations allow for Bed and Breakfast Inns in certain zoning districts under certain conditions; and WHEREAS, a broadening of the conditions for Bed and Breakfast Inns may be desired in order to permit other buildings not built as single family homes but currently existing as non - apartment uses within historic districts; and WHEREAS, it would be necessary to amend this portion of the City Code to permit expanded eligibility for these buildings; and WHEREAS, it may also be a desired policy decision to permit limit accessory assembly uses in Bed and Breakfast Inns. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Miami Beach City Code, Chapter 142, Zoning Districts and Regulations, Article V, Specialized Use Regulations, Division 7, Bed and Breakfast Inns, Section 142 -1401, "Conditions for bed and breakfast inns," is hereby amended as follows: Sec. 142 -1401. Conditions for bed and breakfast inns. Bed and breakfast inns are permitted with the following conditions: (1) The use shall be situated in a contributing building listed as "hictoric" in the city hictoric properties database as maintained by the planning, _ - _ '• _ _ - - - _ e • •_ and located in a locally REVISED VERSION (INCLUDING ACCESSORY COMMERCIAL USES) AS PRESENTED TO THE FPNA BY THE PROPONENT (Revised for form approval by City Attorney's Office) ORDINANCE NO. 2010 -3712 AN ORDINANCE OF THE MAYOR AND CITY COMMISION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142, ZONING DISTRICTS AND REGULATIONS, ARTICLE V, SPECIALIZED USE REGULATIONS, DIVISION 7, BED AND BREAKFAST INNS, SECTION 142 -1401, "CONDITIONS FOR BED AND BREAKFAST INNS," BY MODIFYING THE CONDITIONS FOR BED AND BREAKFAST INNS TO WIDEN THE ELIGIBILITY FOR ALTERATIONS, AND PERMITTING LIMITED ASSEMBLY TYPE ACCESSORY USES, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations allow for Bed and Breakfast Inns in certain zoning districts under certain conditions; and WHEREAS, a broadening of the conditions for Bed and Breakfast Inns may be desired in order to permit other buildings not built as single family homes but currently existing as non - apartment uses within historic districts; and WHEREAS, it would be necessary to amend this portion of the City Code to permit expanded eligibility for these buildings; and WHEREAS, it may also be a desired policy decision to permit limit accessory assembly uses in Bed and Breakfast Inns. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Miami Beach City Code, Chapter 142, Zoning Districts ` and Regulations, Article V, Specialized Use Regulations, Division 7, Bed and Breakfast Inns, Section 142 -1401, "Conditions for bed and breakfast inns," is hereby amended as follows: Sec. 142 -1401. Conditions for bed and breakfast inns. Bed and breakfast inns are permitted with the following conditions: (1) The use shall be situated in a contributing building listed as "historic" in design and historic preservation division and located in a locally designated historic preservation district. The use may also be situated in a noncontributing building listed as "non hictoric altered" if it is restored to its original historic appearance and re- categorized as. "contributinghisteric." (2) The owner of the bed and breakfast inn shall permanently reside in the structure. • (3) (a) The structure shall have originally been constructed as a single - family residence; or (b) The existing structure is not classified by the City as an apartment building as defined in Section 114 -1 of the City Code. The structure may have original auxiliary structures such as a detached garage or servant's residence, but shall not have noncontributing multifamily or commercial auxiliary structures. (4) The structure shall maintain public rooms (living room /dining room) for use of the guests. (5) The size and number of guestrooms in a bed and breakfast inn shall , conform to the following: a. The structure shall be allowed to maintain (or restore) the original number and size of bedrooms which, with the exception of rooms occupied by the owner, may be rented to guests. b. Historic auxiliary structures, such as detached garages and servants' residences, may be converted to guestrooms. New bedrooms constructed shall have a minimum size of 200 square feet and shall have a private bathroom. c. Architecturally compatible additions not exceeding 25 percent of the floor area of the historic building shall be permitted to accommodate emergency stairs, other fire safety requirements, and new bathrooms. Additions shall be consistent with required setbacks and shall not be located on primary or highly visible elevations. d. If there is evidence of interior alterations and original building plans are not available, the guestrooms shall be restored to the probable size and configuration as proposed by a preservation architect and subject to approval by the historic preservation /design review board. (6) There shall be no cooking facilities /equipment in guestrooms. One small refrigerator with maximum capacity of five cubic feet shall be permitted in each guestroom. All cooking equipment which may exist shall be removed • from the structure with the exception of the single main kitchen of the house. (7) The bed and breakfast inn may serve breakfast and /or dinner to registered guests only. No other meals shall be provided. The room rate shall be inclusive of meal(s) if they are to be made available; there shall be no additional charge for any meal. Permitted meals may be served in • common rooms, guestrooms or on outside terraces (see subsection 142 - 1401(9)). The meal service is not considered an accessory use and is not entitled to an outside sign. (8) Permitted meals may be served in areas outside of the building under the following conditions: a. Existing paved patios shall be restored but not enlarged. If no paved surface exists, one consistent with neighboring properties may be installed. b. The area shall be landscaped and reviewed under the design review process. Landscape design shall effectively buffer the outdoor area used for meals from adjacent properties. c. Any meal served outdoors shall be carried out from inside facilities. Outdoor cooking, food preparation, and /or serving /buffet tables are prohibited. (9) Notwithstanding subsections (7) and (8) above, bed and breakfast inns that have had historic assembly use prior to December 18, 2010, for which documentation is accepted and confirmed by the Planning Director or designee, may be permitted to have limited non - entertainment assembly uses (including but not limited to: art exhibits, corporate seminars, educational lectures and presentations), i.e., assembly uses without entertainment as defined in section 142 -1361, if approved by the Planning Board as a conditional use, subiect to the following limitations: a. The assembly uses shall consist of private events by invitation only, not open to members of the general public, and b. The assembly events shall end no later than 11:30 p.m.; and c. Invitations to assembly events must indicate that no street parking is available for the events, and direct guests to city parking lots or licensed private parking lots; and d. No deliveries to the bed and breakfast inn shall occur before 9:00 a.m., or after 5:00 p.m. during weekdays, and before 10:00 a.m., or after 3:00 p.m., during weekends. e. No speakers shall be permitted in outdoor areas. (109) The entire building shall be substantially rehabilitated and conform to the South Florida Building Code, property maintenance standards, the fire prevention and life safety code and the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as amended. In addition, the entire main structure shall have central air conditioning and any habitable portion of auxiliary structures shall have air conditioning units. (110) Building identification sign for a bed and breakfast inn shall be the same as allowed for an apartment building in the zoning district in which it is located. (121 -) The maximum amount of time that any person other than the owner may stay in a bed and breakfast inn during a one -year period shall not exceed three months. (132) The required off - street parking for a licensed bed and breakfast inn shall be the same as for a single - family residence. There shall be no designated loading zones on any public right -of -way and required parking spaces shall not be constructed on swales, public easements or rights-of- way. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith 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. PASSED AND ADOPTED this 8th day of December 2010. • / /ihrl ATTEST: f ikit& PgAdi'V. CITY CLERK First Reading: October 27, 2010 Second Reading: December 8, 2010 gj Verified by: Richard G. Lorber, AICP, LEED AP Acting Planning Director APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION s .� th I } - moy o Underline language is new. T:\AGENDA\2010 \December 8 \Regular\Bed and Breakfast ORD FINAL 12- 29- 2010.doc COMMISSION ITEM SUMMARY Condensed Title: A proposed ordinance amending the regulations for bed and breakfast inns by widening the eligibility for alterations to buildings. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6 %, suggested the effort put forth by the City to regulate development is "about the right amount." Issue: Should the City Commission adopt the proposed ordinance amendment modifying the bed and breakfast inns regulations to permit non - residential structures within historic districts to be converted to bed and breakfast inns under specified conditions? If so, should these facilities in residential areas also permit private parties and commercial events? Item Summary/Recommendation: SECOND READING PUBLIC HEARING The proposed ordinance would permit a wider eligibility for bed and breakfast inns. Bed and Breakfast Inns are currently limited to structures originally constructed as single - family residences. This ordinance would permit non - residential structures within historic districts, such as former temples or churches, to be converted to bed and breakfast inns. The Planning Board version of this proposal also contains a provision to permit limited accessory uses such as private parties and catering hall events. However, Planning Department staff had recommended against this provision. A revised version has been presented which limits accessory uses to non - entertainment uses and sets additional restrictions. This version was reviewed and approved by the Flamingo Park Neighborhood Association. The Administration continues to have concerns and does not recommend approval. However, if the Commission chooses to approve the ordinance, the Administration recommends that the City Commission adopt the revised version of the ordinance, as presented by the proponent to the FPNA, with one change, to the permitted hours of operation to limit closing time to 10:00 PM. • Advisory Board Recommendation: At the August 24, 2010 meeting the Planning Board reviewed the proposed ordinance, and recommended its approval, including the accessory party use provisions. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: Not Applicable City Clerk's Office Legislative Tracking: Richard Lorber Si ' n - Offs: ` i epartme t Director Assistant City anager City Manager t:\age da\2010'.ecember8 \regular \bed &breakfst lf'm� .doc ' 11110 M IAMI BEACH E AGENDA O DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the ity Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 8, 2010 SUBJECT: Ordinance Amendment: SECOND READING PUBLIC HEARING Bed & Breakfast Inns AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142, ZONING DISTRICTS AND REGULATIONS, ARTICLE V, SPECIALIZED USE REGULATIONS, DIVISION 7, BED AND BREAKFAST INNS, SECTION 142 -1401. CONDITIONS FOR BED AND BREAKFAST INNS, BY MODIFYING THE CONDITIONS FOR BED AND BREAKFAST INNS TO WIDEN THE ELIGIBILITY FOR ALTERATIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration continues to have concerns and does not recommend approval. However, if the Commission chooses to approve the ordinance, the Administration recommends that the City Commission adopt the revised version of the ordinance, as presented by the proponent to the FPNA, with one change, to the permitted hours of operation to limit closing time to 10:00 PM. BACKGROUND A discussion of possible expansion of the Bed and Breakfast Inn regulations, was referred to the Land Use and Development Committee by Commissioner Jerry Libbin at the October 14, 2009 Commission meeting. The item was wrapped together with consideration of short term rentals of apartment units in zoning districts which did not currently permit transient occupancy. The short term rental issue was finally decided by the City in June, and the Bed and Breakfast issue was taken up by the Planning Board in August (see below). ANALYSIS Bed and breakfast inn is defined as a historic structure originally built as a single - family residence which is owner occupied and operated to provide guest rooms with breakfast and /or dinner included as part of the room rate. Section 142 -1401 of the Land Development Regulations of the City Code details the conditions for permitting Bed and Breakfast Inns. The original rationale for the adoption of these Bed and Breakfast Inn regulations was to encourage the adaptive reuse of single family structures in newly City Commission Memorandum Ordinance Amendment — Bed & Breakfast Inns December 8, 2010 Page 2 created local historic districts, such as the Flamingo Park neighborhood. Since demolition of structures would be unlikely to be permitted, Bed and Breakfast Inns were seen as an alternative which could provide an economically viable use of these structures. To date, a small number of Bed and Breakfast Inns have been created under this provision. The referral of this proposed ordinance stems from a Tong -term discussion with Mr. Dan Davidson, the owner of "The Temple House ", a former synagogue building that was converted several years ago to a single - family home, located at 1415 Euclid Avenue. Mr. Davidson has explored several alternative uses for this building, but the options are limited because this area is zoned RM -1 Residential Multi - Family Low Intensity, which only permits single - family homes, apartment buildings and Bed and Breakfast Inns. The current regulations would not permit the conversion the Temple House single family home into a Bed and Breakfast Inn, since subsection (3) specifies that the structure shall have originally been constructed as a single - family residence, and subsection (5) then refers to the original configuration of bedrooms and other features of the home. Since Mr. Davidson's existing single family home was created by converting a non - residential synagogue building, it does not exactly fit these requirements (although the property's building card shows that a single family home was originally built on the site, that building was demolished or reconfigured beyond any recognition as a home when the synagogue was constructed.) In order to modify the existing regulations to permit this type of structure to be converted to a bed and breakfast inn, the proposed ordinance adds a second option to the language of subsection (3) of the ordinance. This would permit conversion if "the existing structure is not classified by the City as an apartment building as defined in Section 114 -1 of the City Code." In this way, other non - residential structures within historic districts could potentially be converted to bed and breakfast inns (an apartment building is defined a building with or without resident supervision occupied or intended to be occupied by more than two families living separately with separate cooking facilities in each unit.) Subsection (1) of the Bed and Breakfast Inns is also proposed for amendment by Planning Department staff, in order to bring the language of the ordinance into line with current nomenclature related to historic districts, contributing and non - contributing buildings. The old language referred to designated as "historic," but the correct terms have changed, and the amendment would clarify that. COMMERCIAL ACCESSORY USES The ordinance as originally proposed by Mr. Davidson contained new language referring to accessory uses permitted in Bed and Breakfast Inns, and permitting assembly type uses in these structures under certain conditions. The Temple House has been used previously as a "party house," hosting private special events for a variety of corporate and entertainment purposes. This type of commercial usage is not permitted within single family homes, nor in any other permitted structure within the RM -1 zoning district. In order for The Temple House to be able to be used for such activities, the Land Development Regulations would have to be amended in some fashion. 1 City Commission Memorandum Ordinance Amendment — Bed & Breakfast Inns December 8, 2010 Page 3 PLANNING BOARD ACTION The proposal to amend the Bed and Breakfast Inn regulations to permit limited commercial assembly uses within them as conditional uses, consisting of private functions not open to the public, up until 12:00 midnight, was reviewed by the Planning Board at its August 24, 2010 meeting. Planning Department staff had recommended that the accessory party use provision be removed, and there was a lengthy discussion over this aspect of the ordinance, how it would be applied and enforced, and its potential negative effects upon the surrounding neighborhood. After much discussion, the Planning Board decided contrary to the staff recommendation, and recommended the approval of the ordinance, including the provision which would permit the hosting; of private special events for a variety of corporate and entertainment purposes as a Conditional Use (vote: 6 -1, Stolar against; see attached Planning Board version). FLAMINGO PARK NEIGHBORHOOD ASSOCIATION ACTION At the October 27, 2010 Commission meeting, the matter was presented to the City Commission, with a Planning Board version of the ordinance, permitting accessory commercial uses, and an Administration version of the ordinance, which would not permit such uses other than as per the existing rules for commercial uses, special events, and film and print permits, if applicable. The Commission heard testimony from representatives from the Flamingo Park Neighborhood Association (FPNA), and while approving the Planning Board version on first reading, set second reading public hearing for the December Commission meeting in order to permit FPNA to clarify their position on the accessory commercial use component of the proposed ordinance. On November 15, 2010, the FPNA held a Board meeting, with many members in attendance, as well as City Planning Department staff. At this meeting, Dan Davidson presented a revised ordinance concept to the Board (see attached revised version of ordinance). This version would limit accessory commercial uses to bed and breakfast inns that have had historic prior assembly uses. Since the Temple House was formerly a religious institution, an assembly use, this property would fall into this category; very few other properties would qualify, and staff has only identified one other property of this nature, which was previously a synagogue, but has already been converted to a condominium apartment building. This proposed version of the ordinance would allow these limited properties to have limited non - entertainment assembly uses. Entertainment is defined by the City Code as any live show and /or music loud enough to interfere with normal conversation. Mr. Davidson describes the desired types of uses under this provision as art showings, corporate seminars, educational lectures and presentations. These would be permitted only as a conditional use approved by the Planning Board, and would be subject to the following conditions: (a) Consisting of private events by invitation only, (b) Not open to members of the general public, (c) Ending no later than 11:30 PM, (d) Invitations must indicate no street parking. Guests must be directed to city parking lots or licensed private parking lots, (e) No delivery shall occur before 9:00 AM or after 5:00 PM during weekdays, and City Commission Memorandum Ordinance Amendment — Bed & Breakfast Inns December 8, 2010 Page 4 (f) No delivery shall occur before 10:00 AM or after 3:00 PM during weekends. Staff expressed concern about difficulty of enforcement of the ordinance by the City, and the problems other than noise, such as parking, traffic and crowds that remain as potential negative impacts upon the surrounding neighborhood. Although Administration and Planning Department staff expressed their strong reservations about the proposal, the FPNA membership voted to express its support for the proposed amendment as presented by Mr. Davidson (see attached letter of support). There are approximately ten (10) structures that were originally constructed as single - family homes, and could be converted to bed and breakfast inns under the current zoning regulations. Planning Department staff has conducted a thorough survey of the Flamingo Park neighborhood, and has only identified three structures which could meet the definition of having historic prior assembly uses, which is included in the revised version of the ordinance. The Temple House at 1415 Euclid Avenue, Temple Beth Yoseph Chaim at 843 Meridian Avenue, which has already been converted to condominiums, and St. Francis deSales Catholic Church at 600 Lenox Avenue. Therefore, under this provision, if enacted, it is unlikely for more than one bed and breakfast inn with accessory commercial uses to be proposed. CONCLUSION The Administration remains extremely concerned about the impact this proposed ordinance would have upon the surrounding neighborhood, and does not recommend approval. However, when it was discussed with FPNA, the neighborhood organization most impacted by the proposal, it was supported unanimously. Therefore, if the Commission chooses to approve the ordinance, the Administration will recommend that it be the revised version of the ordinance as presented by Mr. Davidson, the proponent, with one proposed modification to limit closing time to 10:00 PM, as staff continues to believe that the types of uses proposed are not "late night" types of events. JMG /Jr/RGL t:\agenda\2010 \december 8 \regular\bed & breakfast ord memo.docx i � 1 h1 NCO E &P1c Mt•OMIOsOOD lf$OCllflOM FLAMINGO PARK NEIGHBORHOOD ASSOCIATION 945 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA 33139 November 22, 2010 To Whom it May Concern: At its meeting of November 15, 2010, the Flamingo Park Neighborhood Association discussed the proposed amendment to the City's Bed and Breakfast ordinance. We appreciated the opportunity for input and to discuss the proposal with the owner of the Temple House, Daniel L. Davidson, as well as with Assistant City Manager Jorge Gomez and Acting Planning Director Richard Lorber, all of whom were present at our meeting. The discussion was thoughtful and comprehensive. Upon a motion duly made, seconded and passed, the Association expressed its support for the proposed amendment of the Bed and Breakfast ordinance, in the manner proposed by the City, but with the suggested modifications proposed by Daniel Davidson, including the opportunity for bed and breakfast inns that have had historic prior assembly use to seek conditional use for non - entertainment assembly uses, as further described in Mr. Davidson's attached proposal. Sincerely, 4/ Vega Reedd Denis A. Russ For the Flamingo Park Neighborhood Association Flamingo Park Neighborhood Association Monday, November 15, 2010 Re: Proposed Amendment to Bed and Breakfast Ordinance From: Cineo Date: November 13, 2010 5:10:27 PM EST To: Denis Russ Subject: FPNA Meeting Dear Mr. Russ: My many thanks for your time earlier. As a follow -up to our conversation, please find below the language that resulted from a meeting with Mr. Lorber (Zoning and Planning) and Mr. Gomez (Assistant City Manager). Our collective objective was to find a way to recognize the "highest and best" use of the property (which for over 70 years served as an assembly area) as well as be mindful of the needs and desires of the residents. The language, while quite restrictive, is something that I can live with. In short it would allow, subject to approval by both Commission and the Planning Board, NON- ENTERTAINMENT assembly use of the space for such things as the showing of art, education lectures, seminars and presentations. Again, what is important to note here is that even with Commission approval, I will still need to sit before the Planning Board for their support as well. The language reads.... (9) Notwithstanding (7) and (8) above, bed and breakfast inns that have had historic prior assembly use may be permitted to have limited non - entertainment (entertainment as defined in section 142 -1361) assembly uses (such as art showing, corporate seminars, educational lectures and presentations) if approved by the Planning Board as a conditional use subject to the following limitations: a) Consisting of private events by invitation only, and b) Not open to members of the general public, and c) Ending no later than 11:30 PM, and d) Invite must indicate no street parking. Guests must be directed to city parking lots or licensed private parking lots. e) No delivery shall occur before 9:00 AM or after 5:00 PM during weekdays, and f) No delivery shall occur before 10:00 AM or after 3:00 PM during weekends. As an aside, the definition of "entertainment" (section 142 -1361 of the Miami Beach City Code) is as follows: "Entertainment means any live show or live performance or music amplified or nonamplified. Exceptions: Indoor movie theater; big screen television and /or background music, amplified or nonamplified, played at a volume that does not interfere with normal conversation." Because the language specifically precludes entertainment, it would mean no live shows, performances, etc. I've highlighted the additional reason for including the language, which is to insure that nothing would interfere with normal conversation. Again, I believe that this language is fair for all, and provides a use of the building that will prevent its deterioration by allowing it to be self - sufficient and offset the extraordinary costs associated with mortgage, taxes, insurance and maintenance. I hereby respectfully seek the support of the Flamingo Park Neighborhood Association. My many thanks, Daniel Daniel Davidson 1415 Euclid Ave. Miami Beach, FL 33139 P - 786 - 280 -6565 F - 305 - 673 -5175 1 cl,,,,,, MIAMI.BEACH CITY OF MIAMI BEACH NOTICE PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and 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, December 8°,2010, to consider the following: 10:15 a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending ' Chapter 2, Entitled "Administration," By Amending Article III, Entitled "Agencies, Boards And Committees," By Amending Division 14, Entitled "Safety Committee," By Amending Sec. 2= 176(E) To Require That One Of The Two Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency Response Team (CERT) Certified. Inquiries may be directed to the City Clerk's Office 9305) 673 -7411. 10:20 a.m. • Ordinance Amending The Land Development Regulations Of The City Code By Amending .Chapter 118, "Administrative And Review Procedures," Article 11, "Boards," Division 5, "Board Of Adjustment," Section 118 -134, "Notification Of Hearings"; Article IV, "Conditional Use Procedure," Section 118 -193. "Applications For Conditional Uses "; Article VI, "Design Review Procedures "; Section 118 -254, "Decision Of Design Review Board," And Section 118 -257, "Deferrals, Continuances And Withdrawals," Article X, "Historic Preservation "; Section 118 -563, "Review' Procedure;" And Section 118 -591, "Historic ' Designation Procedure, ";:And ArticleXl: "Neighborhood Conservation, Districts (NCD)'; Section 118- 705; "Procedures For Adoption Of Specific NCD Overlay Districts," To Expand The Public Notice Period For All Four Land Use Boards From 15. Days To 30 Days. Inquiries may be directed to the Planning Department (305) 673 -7550. 10:40 a.m. ,/\,, Ordinance Amending The Code Of The City Of Miami Beach Code, By Amending Chapter 142, Zoning Districts And Regulations, Article V, Specialized Use Regulations, Division 7,$edAnd Breakfast Inns, Section 142 -1401, Conditions For Bed And. Breakfast Inns, By Modifying The Conditions For Bed And Breakfast Inns To Widen The Eligibility For Alterations. Inquiries may be directed to the Planning Department (305) 673 4550. 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. This meeting may be opened and 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, FL Statutes, 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. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to ' request this publication In accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673 -7411, no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955- 8771 (TTY) or (800) 955 -8770 (VOICE). AD #637