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Ordinance 95-3025 ORDINANCE NO. 95-3025 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 16, ENTITLED "BOARD OF ADJUSTMENT" BY ADDITION OF A NEW SUBSECTION 16-3, ENTITLED "REMOVAL, " PROVIDING FOR REMOVAL OF BOARD MEMBERS WHO HAVE EXCESSIVE ABSENCES AND/OR EXCESSIVE ABSTENTIONS FROM VOTING DUE TO CONFLICTS OF INTEREST; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the amendment set forth herein is necessary in order to insure that matters pending before the City' s Board of Adjustment need not be delayed due to lack of quorum and may be heard by a full five (5) member Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . ADDITION OF NEW SUBSECTION 16-3 . That Section 16 , entitled "Board of Adjustment" of City of Miami Beach Zoning Ordinance No. 89-2665 is hereby amended by addition of a new Subsection 16-3 , to read as follows : 16-3 REMOVAL In the event that any member of the Board fails to attend three (3) regularly scheduled meetings or three (3) workshops comprised of the entire Board within a period of one (1) year, or abstains from voting on a matter before the Board due to a conflict of interest on four (4) different applications within a period of one year, said member shall cease to be a member of the Board. For purposes of this Section, an absence from a meeting shall be defined as missing more than thirty percent (300) of the scheduled matters on that meeting' s agenda. A person who has ceased to be a member of the Board due to absences or conflicts of interest , shall not be reappointed to the Board for a period of one year from the date of his/her removal . SECTION 2 . RENUMBERING OF SECTION 16 . That the existing Subsections 16-3 through 16-9 shall be renumbered as Subsections 16-4 - 16-10 to allow for addition of the new Subsection 16-3 set forth in Section 1 of this Ordinance . 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 All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.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 on the 16th day of December , 1995 . PASSED and ADOPTED this 6th day •f Decembe ll , 1995 . ATTEST: A AIL OP 1/ • MAYOR CITY CLERK 1st reading 11/8/95 2nd reading 12/6/95 SWS:scf:6.Odisk9\boa-remv.ord FORM APPROVED Legal Dept. By .i�.D Date /0-30 - 9s s@5 3 • • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. Es1- 1 5 TO: Mayor Seymour Gelber and Members of the City Commission DATE: December 6, 1995 d FROM: Jose Garcia-Pedrosa City Manager • SUBJECT: Second : ,ading and Public Hearing - An Ordinance Amendin• Zoning Ordinance No. 89-2665, by Amending Section 16, Entitled ',Board of Adjustment" by Addition of a New Sub-Section 16-3, Entitled ',Removal', Providing for Removal of Board Members Who Have Excessive Absences or Abstentions From Voting Due to Conflicts of Interest; Providing for a Repealer, Severability and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission adopt on second reading the codification of absences and recusals for the (Zoning) Board of Adjustment within Zoning Ordinance No. 89-2665. On a related matter, a companion ordinance regarding absences and recusals for the Planning Board is also being considered on second reading today. BACKGROUND The Planning Board had requested staff to study the issue of adding provisions regarding absences and recusals for the Board of Adjustment and the Planning Board within the Zoning Ordinance and to recommend amendment language accordingly. In April 1994, the City adopted revised regulations regarding the definition of an absence and removal procedures for the Design Review Board (the quorum requirements were not changed) . The attached amending ordinance was requested by the Planning Board in order to make the removal of members for all City Boards more consistent with this amendment throughout the Zoning Code. At the present time, there are no regulations regarding removal of Board members within the Zoning Ordinance for the Zoning Board of Adjustment or the Planning Board. The Legal Department drafted the PAGE 1 OF 3 AGENDA ITEM R F DATE (2 L 9 5 amendment. The Planning Board held a public hearing on October 24 , 1995 and voted 6-0 (one abstention) to approve the amendment with additional changes suggested by staff. At that public hearing, the Planning Board recommended approval of the proposed amendment with the following changes: 1. The number of recusals due to conflicts of interest should be limited to a maximum of four (4) occurrences (upon the 5th conflict of interest, the member would be removed) within one calendar year; and, 2 . An absence should be defined as a member missing more than thirty percent (30%) of the public hearings of that meeting's agenda. At the direction of the Planning Board, these changes have been incorporated into the amendment, along with language that is similar to the previously adopted changes to the Design Review Board regulations. On November 8 , 1995 the City Commission approved the amending ordinance on first reading with the above noted changes. ANALYSIS What follows is a section-by-section analysis of the proposed amending ordinance. Section 1. This section of the proposed ordinance creates a new subsection entitled "Removal" within Section 16 of the Zoning Ordinance which contains the regulations for the (Zoning) Board of Adjustment (BOA) . Specifically the new regulations would read as follows: "In the event that any member of the Board fails to attend three (3) regularly scheduled meetings or three (3) workshops comprised of the entire Board within a period of one (1) year, or abstains from voting on a matter before the Board due to a conflict of interest on five (5) different applications within a period of one year, said member shall cease to be a member of the Board. For purposes of this section an absence from a meeting shall be defined as a member missing more than thirty percent (30%) of the scheduled matters on that meeting' s agenda. A person who has ceased to be a member PAGE 2 OF 3 of the Board due to absences or conflicts of interest, shall not be reappointed to the board for a period of one year from the date of his\her removal. " There are no other proposed changes. The last four (4) sections of the amendment provide for inclusion in the Zoning Ordinance, repealer, severability and an effective date. Currently, there are 5 voting members on the BOA. In order for the BOA to decide in favor of an applicant, on any matter before the Board, a concurring vote of four (4) members is required. This super majority requirement means that if one Board member abstains from voting or is absent for whatever reason, the applicant must receive a favorable vote from all of the remaining four members to be successful in his or her request. From the applicant' s perspective, this is not a favorable position. When a member is absent, the applicant might be forced to defer to the next regularly scheduled meeting in order to address a full Board. For these reasons, the amendment before you today is seen as necessary to help ensure that the Board may function in as an efficient and timely manner as possible. CONCLUSION Based on the foregoing, the Administration recommends that the City Commission adopt on second reading the attached amendment regarding the codification of absences and recusals for the (Zoning) Board of Adjustment within Zoning Ordinance No. 89-2665. JGP/HSM DJG\MHF\DISK#'8\1239CM2.95 PAGE 3 OF 3 a) �; 1 0 I •n I 00 Or, • O •H 0 • Cj z U 0 a) Z U 0 z w a _"' o H O cd - U] C_Dz 0 'v z v aa)i J-) (l O •H cd O bD 0 • 0 a) 4-1 O N ca, O • 01) ND +J • 0 0 cd • CU a) • Q Cd i] •