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Ordinance Registry Log 2016-2018DECEMBER 12, 2018 R5 F REZONING - 500-700 ALTON ROAD AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72, "DISTRICT MAP," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 118-162, "PETITIONS FOR CHANGES AND AMENDMENTS," BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR LOTS 8 THROUGH 14, BLOCK 2, OF THE AMENDED FLEETWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FROM THE CURRENT DESIGNATION OF "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," TO "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT"; AND FOR THE PROPERTIES BOUNDED BY 6TH STREET ON THE NORTH, ALTON ROAD ON THE EAST, 5TH STREET/MACARTHUR CAUSEWAY/STATE ROAD A1A ON THE SOUTH, AND WEST AVENUE ON THE WEST, FROM THE CURRENT DESIGNATION OF "C-PS2 GENERAL MIXED USE COMMERCIAL PERFORMANCE STANDARD DISTRICT," TO "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT"; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 5:03 p.m. Second Reading Public Hearing Planning Mayor Dan Gelber ACTION: Ordinance 2018-4229 adopted. See related Item C6 A #6. See action and comments with item R7 A. DECEMBER 12, 2018 R5 E ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS - LDR AMENDMENTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY," TO CREATE SECTION 142-311, ENTITLED "ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS," TO ESTABLISH REGULATIONS FOR THE AREA BOUNDED BY 8TH STREET ON THE NORTH, ALTON ROAD ON THE EAST, 5TH STREET/MACARTHUR CAUSEWAY/SR A1A ON THE SOUTH, AND WEST AVENUE ON THE WEST, EXCLUDING LOTS 15 THROUGH 22, BLOCK 2, OF THE AMENDED FLEETWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; EXPANDING THE LISTING OF PROHIBITED USES; MODIFYING THE APPLICABLE SETBACKS, PROVIDING FOR CLEAR PEDESTRIAN PATHS; INCREASING THE ALLOWABLE HEIGHT LIMIT FOR MAIN USE RESIDENTIAL BUILDINGS, TO LIMIT THE MAXIMUM FLOOR PLATE SIZE OF THE TOWER PORTION OF NEW BUILDINGS; ESTABLISHING MINIMUM REQUIREMENTS FOR GREEN SPACE; AND MODIFYING DESIGN REQUIREMENTS WITHIN THE ALTON ROAD GATEWAY AREA INCLUDING, BUT NOT LIMITED TO, DESIGN REQUIREMENTS APPLICABLE TO BUILDING FLOORS CONTAINING PARKING SPACES; ALSO AMENDING CHAPTER 130 OF THE CITY CODE, ENTITLED "OFF-STREET PARKING," ARTICLE . II, "DISTRICTS; REQUIREMENTS," SECTION 130-31, "PARKING DISTRICTS ESTABLISHED," TO MODIFY THE BOUNDARIES OF PARKING DISTRICT NUMBER 6 TO INCORPORATE THE ENTIRE ALTON ROAD GATEWAY AREA; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 5:02 p.m. Second Reading Public Hearing Planning Mayor Dan Gelber ACTION: Ordinance 2018-4228 adopted. See action and comments with item R7 A. DECEMBER 12, 2018 R5 D 500-700 ALTON ROAD - FLUM AND COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY, PURSUANT TO SECTION 118-166 OF THE CITY CODE, AND SECTION 163.3187, FLORIDA STATUTES, FOR LOTS 8 THROUGH 14, BLOCK 2, OF THE AMENDED FLEETWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, FROM THE CURRENT DESIGNATION OF "MEDIUM DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM-2)," TO THE FUTURE LAND USE CATEGORY OF "MEDIUM INTENSITY COMMERCIAL CATEGORY (CD-2)"; AND FOR THE PROPERTIES BOUNDED BY 6TH STREET ON THE NORTH, ALTON ROAD ON THE EAST, 5TH STREET/MACARTHUR CAUSEWAY/STATE ROAD A1A ON THE SOUTH, AND WEST AVENUE ON THE WEST, FROM THE CURRENT DESIGNATION OF "GENERAL MIXED USE COMMERCIAL "PERFORMANCE STANDARD" CATEGORY (C-PS2)"; TO THE FUTURE LAND USE CATEGORY OF "MEDIUM INTENSITY COMMERCIAL CATEGORY (CD-2)"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:01 p.m. Second Reading Public Hearing Planning Mayor Dan Gelber ACTION: Ordinance 2018-4227 adopted. See also action and comments with item R7 A. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance; seconded by Commissioner Samuelian; Ballot vote: 7-0. DECEMBER 12, 2018 R5 C AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES, AND VESSELS," BY AMENDING ARTICLE II ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43 ENTITLED "RESTRICTED AREAS" TO PROVIDE BOATING- RESTRICTED AREAS NEAR CITY OF MIAMI BEACH BRIDGES TO PROTECT THEM FROM SALT WATER CORROSION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 2:30 p.m. Second Reading Public Hearing Office of the City Attorney Mayor Dan Gelber ACTION: Ordinance 2018-4226 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance; seconded by Commissioner Steinberg; Ballot vote: 7-0. DECEMBER 12, 2018 R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE/VIOLATIONS," TO AMEND THE HOURS OF PACKAGE SALES OF ALCOHOLIC BEVERAGES (WHICH INCLUDE SALES OF ALCOHOL FOR OFF-PREMISES CONSUMPTION) IN SPECIFIED AREAS OF THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 2:10 p.m. Second Reading Public Hearing Office of the City Attorney Vice-Mayor Michael Góngora ACTION: Ordinance not adopted. Item opened and continued to the January 16, 2019 Commission Meeting. DECEMBER 12, 2018 SUPPLEMENTAL MATERIAL 2: ADDITIONAL INFORMATION R5 A CD-3 ARCHITECTURAL DISTRICT PARKING GARAGE HEIGHTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, "DISTRICT REGULATIONS,” DIVISION 6, “CD-3 COMMERCIAL HIGH INTENSITY DISTRICT,” BY AMENDING SECTION 142-337, “DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS,” TO AMEND THE MAXIMUM HEIGHT REQUIREMENTS FOR PARKING GARAGES WITHIN THE CD-3 ARCHITECTURAL DISTRICT FOR LOTS FRONTING ON JAMES AVENUE, BOUNDED BY 17TH STREET TO THE NORTH AND LINCOLN ROAD TO THE SOUTH; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 2:05 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Ordinance 2018-4225 adopted. See related Item C6 B #10. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance as is, and have the restrictive covenant amended with a total of 25 parking spaces provided for the use of residents; seconded by Commissioner Arriola; Ballot vote: 6-1; Opposed: Commissioner Steinberg. NOVEMBER 14, 2018 R5 J NORTH BEACH TOWN CENTER - CENTRAL CORE LAND DEVELOPMENT REGULATIONS AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART B - LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 114, "DEFINITIONS," TO DEFINE ARTISANAL RETAIL, CO-LIVING, NEIGHBORHOOD FULFILLMENT CENTER, LIVE- WORK, AND OTHER RELATED USES; CHAPTER 130, "OFF-STREET PARKING" TO ESTABLISH PARKING DISTRICT NO. 8, ESTABLISH PARKING REQUIREMENTS FOR APARTMENT AND TOWNHOME UNITS, CO-LIVING AND LIVE-WORK UNITS, OFFICE, AND OTHER USES WITHIN PARKING DISTRICT NO. 8, AND TO REMOVE PARCELS INCORPORATED INTO PARKING DISTRICT NO. 8 FROM PARKING DISTRICT NO. 4; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT REGULATIONS," TO ESTABLISH DIVISION 21, "TOWN CENTER - CENTRAL CORE (TC-C) DISTRICT," PROVIDING FOR REGULATIONS ON PERMITTED, ACCESSORY, CONDITIONAL, AND PROHIBITED USES, ESTABLISHING SUPPLEMENTAL USE REGULATIONS, MODIFYING THRESHOLDS FOR NEIGHBORHOOD IMPACT ESTABLISHMENTS, PROVIDING LIMITS FOR FLOOR AREA RATIO, MAXIMUM HEIGHT LIMITS, MINIMUM UNIT SIZES, MINIMUM SETBACKS AND ENCROACHMENTS, TOWER REGULATIONS, REQUIREMENTS FOR CLEAR PEDESTRIAN PATHS AND EASEMENTS, MINIMUM STANDARDS FOR STREET TREES, BUILDING FRONTAGE REQUIREMENTS, REQUIREMENTS FOR THE DESIGN OF OFF-STREET PARKING FACILITIES, UTILITIES, AND LOADING, ESTABLISHING A 70TH STREET FRONTAGE, DESIGNATING STREET CLASSES, ESTABLISHING REQUIREMENTS FOR FRONTAGES ON STREET CLASS FRONTAGE TYPES, ESTABLISHING REQUIREMENTS FOR NONCONFORMING STRUCTURES; ESTABLISHING A PUBLIC BENEFITS PROGRAM, AND ESTABLISHING THE NORTH BEACH PUBLIC BENEFITS FUND; AMENDING APPENDIX A, "FEE SCHEDULE," TO ESTABLISH FEES FOR PUBLIC BENEFITS; AND MODIFYING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTIES GENERALLY BOUNDED BY 72ND STREET TO THE NORTH, COLLINS AVENUE TO THE EAST, 69TH STREET TO THE SOUTH, AND INDIAN CREEK DRIVE AND DICKENS AVENUE TO THE WEST FROM THE CURRENT "TOWN CENTER CORE (TC-1) DISTRICT," "TOWN CENTER MIXED-USE (TC-2) DISTRICT," "TOWN CENTER RESIDENTIAL OFFICE (TC-3) DISTRICT," AND "TOWN CENTER RESIDENTIAL OFFICE (C) (TC-3(C)) DISTRICT" TO "TOWN CENTER - CENTRAL CORE (TC-C) DISTRICT;" PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:02 p.m. Second Reading Public Hearing Planning Commissioners John Elizabeth Alemán and Ricky Arriola ACTION: Ordinance 2018-4224 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Mayor Gelber to approve the Ordinance; seconded by Commissioner Arriola; Ballot vote: 6-1. Opposed: Commissioner Rosen Gonzalez. NOVEMBER 14, 2018 R5 I NORTH BEACH TOWN CENTER - CENTRAL CORE COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," POLICY 1.2, TO ESTABLISH THE TOWN CENTER - CENTRAL CORE CATEGORY (TC-C) PROVIDING FOR REGULATIONS ON USES, DENSITY LIMITS, AND INTENSITY LIMITS; BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTIES GENERALLY BOUNDED BY 72ND STREET TO THE NORTH, COLLINS AVENUE TO THE EAST, 69TH STREET TO THE SOUTH, AND INDIAN CREEK DRIVE AND DICKENS AVENUE TO THE WEST FROM THE CURRENT "TOWN CENTER CORE CATEGORY (TC-1)," "TOWN CENTER COMMERCIAL CATEGORY (TC-2)," AND "TOWN CENTER RESIDENTIAL OFFICE (TC-3)" TO "TOWN CENTER - CENTRAL CORE CATEGORY (TC-C);" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:01 p.m. Second Reading Public Hearing Planning Commissioners John Elizabeth Alemán and Ricky Arriola ACTION: Ordinance 2018-4223 adopted. Item heard in conjunction with item R5 J. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Arriola to approve the Ordinance; seconded by Commissioner Góngora; Ballot vote: 6-1. Opposed: Commissioner Rosen Gonzalez. NOVEMBER 14, 2018 R5 F 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 V, ENTITLED "BEACHES," BY AMENDING DIVISION 2, ENTITLED "RESTRICTED AREAS," BY AMENDING THE PROVISIONS IN SECTIONS 82-466 THROUGH 82-470 REGARDING DEFINITIONS, PROHIBITING WATERCRAFT IN RESTRICTED SWIM AREAS, PROHIBITING WATERCRAFT IN CERTAIN NON-RESTRICTED SWIM AREAS, PROVIDING EXCEPTIONS FOR THE LAUNCH AND USE OF CERTAIN WATERCRAFT IN PERMITTED AREAS, PROVIDING REQUIREMENTS REGARDING CERTIFICATIONS, SAFETY EQUIPMENT, AND DISTANCE, PROVIDING EXCEPTIONS REGARDING RESTRICTED AND NON-RESTRICTED SWIM AREAS, AND AMENDING THE PROVISIONS FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing Tourism, Culture and Economic Development Commissioner Mark Samuelian ACTION: Ordinance 2018-4222 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Arriola to approve the Ordinance; seconded by Commissioner Samuelian; Ballot vote: 4-3. Opposed: Mayor Gelber, and Commissioners Steinberg and Rosen Gonzalez. OCTOBER 17, 2018 R5 I AN ORDINANCE OF THE MAYOR AND THE 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 I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-1 THEREOF, ENTITLED "CONDUCTING BUSINESS ON STREETS, PARKS, OR OTHER PUBLIC PROPERTY; ENFORCEMENT; PENALTIES; UNPAID FINES TO CONSTITUTE LIENS," BY PROVIDING FOR CRIMINAL PENALTY PROVISIONS IN LIEU OF CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:35 p.m. Second Reading Public Hearing Office of the City Attorney Mayor Dan Gelber ACTION: Item opened and continued. Item opened and continued to the November 14, 2018 Commission Meeting by acclamation. Voice vote: 5-0; Absent: Commissioners Alemán and Rosen Gonzalez. OCTOBER 17, 2018 R5 H AN ORDINANCE OF THE MAYOR AND THE 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 PROVIDING FOR A MISDEMEANOR OFFENSE IN LIEU OF A CIVIL FINE IF THE NUMBER OF VIOLATIONS EXCEEDS TWO AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:30 p.m. Second Reading Public Hearing Office of the City Attorney Mayor Dan Gelber ACTION: Item opened and continued. Title of the Ordinance read into the record. Item opened and continued to the November 14, 2018 Commission Meeting by acclamation; Voice vote: 5-0; Absent: Commissioners Alemán and Rosen Gonzalez. OCTOBER 17, 2018 R5 G 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 V, ENTITLED "BEACHES," BY AMENDING DIVISION 2, ENTITLED "RESTRICTED AREAS," BY AMENDING THE PROVISIONS IN SECTIONS 82-466 THROUGH 82-470 REGARDING DEFINITIONS, PROHIBITING WATERCRAFT IN RESTRICTED SWIM AREAS, PROHIBITING WATERCRAFT IN CERTAIN NON-RESTRICTED SWIM AREAS, PROVIDING EXCEPTIONS FOR THE LAUNCH AND USE OF CERTAIN WATERCRAFT IN PERMITTED AREAS, PROVIDING REQUIREMENTS REGARDING CERTIFICATIONS, SAFETY EQUIPMENT, AND DISTANCE, PROVIDING EXCEPTIONS REGARDING RESTRICTED AND NON-RESTRICTED SWIM AREAS, AND AMENDING THE PROVISIONS FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing Tourism, Culture, and Economic Development Vice-Mayor Mark Samuelian ACTION: Item opened and continued. Item opened and continued to the November 14, 2018 Commission Meeting by acclamation. Voice vote: 5-0; Absent: Commissioners Alemán and Rosen Gonzalez. OCTOBER 17, 2018 R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE III, ENTITLED "CITY SPONSORSHIP OF EVENTS," BY AMENDING SECTION 12-6, ENTITLED "DEFINITIONS," TO AMEND THE DEFINITION OF "SPONSORSHIP" AND "SPONSORSHIP CONTRACT"; AND BY AMENDING SECTION 12-9, ENTITLED "SPONSORSHIP TERMS AND CONDITIONS," TO AMEND CERTAIN PROVISIONS APPLICABLE TO CITY SPONSORSHIP OF SPECIAL EVENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:35 a.m. Second Reading Public Hearing Tourism, Culture, and Economic Development Commissioner Ricky Arriola and Commissioner John Elizabeth Alemán ACTION: Ordinance 2018-4221 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Arriola to approve the Ordinance; seconded by Vice-Mayor Samuelian; Ballot vote: 5-0; Absent: Commissioners Alemán and Rosen Gonzalez. OCTOBER 17, 2018 R5 E SEAWALL REVOCABLE PERMIT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY;" AMENDING DIVISION 2, ENTITLED "REVOCABLE PERMIT;" CREATING A NEW SECTION 82-97, ENTITLED "APPLICATION REQUIREMENTS FOR SEAWALLS ENCROACHING ON CITY SUBMERGED LANDS;" AND FURTHER AMENDING DIVISION 2 TO ENSURE CONSISTENCY AND CLEAN UP OF THE LANGUAGE OF THE CODE; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:30 a.m. Second Reading Public Hearing Public Works Commissioner John Elizabeth Alemán ACTION: Ordinance 2018-4220 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Steinberg to approve the Ordinance; seconded by Commissioner Góngora; Ballot vote: 5-0; Absent: Commissioners Alemán and Rosen Gonzalez. OCTOBER 17, 2018 R5 D DEMOLITION NOTICE ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, ENTITLED "BUILDING REGULATIONS," OF THE CITY CODE BY AMENDING DIVISION 2, CREATING A NEW SECTION 14-421, ENTITLED "NOTICE OF DEMOLITION TO AFFECTED PERSONS;" IN ORDER TO PROVIDE FOR NOTICE TO AFFECTED PERSONS WHEN THE CITY ISSUES A DEMOLITION PERMIT FOR STRUCTURES THAT ARE THREE (3) OR MORE STORIES; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Office of the City Attorney Commissioner Michael Góngora and Co-sponsored by Mayor Gelber ACTION: Ordinance 2018-4219 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Góngora to approve the Ordinance; seconded by Commissioner Steinberg; Ballot vote: 6-0; Absent: Commissioner Rosen Gonzalez. OCTOBER 17, 2018 R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING SECTION 70-2, ENTITLED "SALE OF NICOTINE VAPORIZERS (E-CIGARETTES) AND LIQUID NICOTINE TO MINORS AND POSSESSION BY MINORS PROHIBITED; PENALTIES" BY AMENDING THE DEFINITIONS THEREIN; THE PROHIBITIONS REGARDING THE PHYSICAL ACCESSIBILITY OF NICOTINE VAPORIZERS AND LIQUID NICOTINE; PROVIDING SIGNAGE REQUIREMENTS FOR RETAILERS; INCLUDING PROHIBITIONS AND REQUIREMENTS REGARDING MAIL ORDERS, INTERNET, AND REMOTE SALES OF NICOTINE VAPORIZERS OR LIQUID NICOTINE; AMENDING THE PENALTIES FOR VIOLATIONS OF SECTION 70-2; AND PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Office of the City Attorney Mayor Dan Gelber & Co-sponsored by Commissioner Alemán ACTION: Ordinance 2018-4218 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance; seconded by Commissioner Steinberg. Ballot vote: 6-0; Absent: Commissioner Rosen Gonzalez. OCTOBER 17, 2018 R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ENVIRONMENT,” BY AMENDING ARTICLE IV, ENTITLED “NOISE,” BY AMENDING SECTION 46-157, ENTITLED “EXEMPTIONS,” WHICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT WOULD CONSTITUTE UNNECESSARY AND EXCESSIVE NOISE THAT IS PROHIBITED WITHIN SECTION 46-152; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Office of the City Attorney Mayor Dan Gelber ACTION: Ordinance 2018-4217 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance; seconded by Vice-Mayor Samuelian; Ballot vote: 6-0; Absent: Commissioner Rosen Gonzalez. OCTOBER 17, 2018 R5 A CD-3 ARCHITECTURAL DISTRICT PARKING GARAGE HEIGHTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, "DISTRICT REGULATIONS,” DIVISION 6, “CD-3 COMMERCIAL HIGH INTENSITY DISTRICT,” BY AMENDING SECTION 142-337, “DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS,” TO AMEND THE MAXIMUM HEIGHT REQUIREMENTS FOR PARKING GARAGES WITHIN THE CD-3 ARCHITECTURAL DISTRICT FOR LOTS FRONTING ON JAMES AVENUE, BOUNDED BY 17TH STREET TO THE NORTH AND LINCOLN ROAD TO THE SOUTH; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:00 a.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Item opened and continued. Item opened and continued to the November 14, 2018 Commission meeting by acclamation; Voice vote: 5-0; Absent: Commissioners Alemán and Rosen Gonzalez. SEPTEMBER 26, 2018 R5 D AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106-55, ENTITLED "PARKING RATES, FEES, AND PENALTIES; EXCEPTIONS," BY PROVIDING FOR AN ENTERTAINMENT DISTRICT PARKING ZONE AND PROVIDING PARKING METER RATES AND TIME LIMITS THEREFOR; BY AMENDING MUNICIPAL PARKING GARAGE AND PREFERRED PARKING LOT RATES AND PENALTIES, BY CREATING SUBSECTION 106-55 (B)(11), TO BE ENTITLED "P71 - 46TH STREET AND COLLINS AVENUE MUNICIPAL PARKING LOT," AND PROVIDING RATES THEREFOR; BY AMENDING THE PROVISIONS REGARDING CONSTRUCTION SPACE RENTAL FEES FOR METERED PARKING SPACES; AND, BY CREATING SUBSECTION 106-55(R), TO BE ENTITLED "HOSTEL/BED & BREAKFAST (B&B) IN RESTRICTED RESIDENTIAL ZONES," TO PROVIDE FOR DAILY PARKING PERMITS AND FEES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:08 p.m. Second Reading Public Hearing Parking Vice-Mayor Mark Samuelian ACTION: Ordinance 2018-4216 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Samuelian to approve the Ordinance; seconded by Commissioner Arriola; Ballot vote: 6-1; Opposed: Commissioner Rosen Gonzalez. SEPTEMBER 26, 2018 R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS JULY 13, 2018 BUDGET BRIEFING; AND AMENDING APPENDIX "A," ENTITLED "FEE SCHEDULE," TO THE CITY CODE, IN ORDER TO MODIFY THE FEES CHARGED PURSUANT TO SECTION 14-65, ENTITLED "MECHANICAL PERMIT FEES," IN ORDER TO MODIFY THE FEES ASSOCIATED WITH ELEVATOR INSPECTIONS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 5:07 p.m. Second Reading Public Hearing Public Works Commissioner Ricky Arriola ACTION: Ordinance 2018-4215 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance; seconded by Commissioner Arriola; Ballot vote: 7-0. SEPTEMBER 26, 2018 R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS JULY 27, 2018 MEETING; AND AMENDING CHAPTER 90, OF THE CITY CODE, "SOLID WASTE," DIVISION 4, "SPECIALTY CONTRACTORS," AT SECTION 90-278, "FEES AND REQUIREMENTS; PENALTIES FOR NON-PAYMENT," TO INCREASE THE ROLLOFF FEE FROM 18 TO 20 PERCENT; AND PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 5:06 p.m. Second Reading Public Hearing Public Works Commissioner Ricky Arriola ACTION: Ordinance not adopted. Title of the Ordinance read into the record. Public Hearing held. Item withdrawn. SEPTEMBER 26, 2018 R5 A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS JULY 13, 2018 BUDGET BRIEFING; AND AMENDING APPENDIX "A," ENTITLED "FEE SCHEDULE," TO THE CITY CODE, IN ORDER TO MODIFY THE FEE CHARGED PURSUANT TO SECTION 82-383(a), ENTITLED "PERMIT FEE; PENAL TIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," IN ORDER TO MODIFY THE ANNUAL SQUARE FOOT FEE FOR SIDEWALK CAFES, INCREASING THE PER SQUARE FOOT FEE FROM $20 TO $25, PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 5:04 p.m. Second Reading Public Hearing Public Works Commissioner Ricky Arriola ACTION: Ordinance 2018-4214 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance with the full $5 fee increase six months from today; seconded by Vice-Mayor Samuelian; Ballot vote: 5-2; Opposed: Commissioners Góngora and Rosen Gonzalez. SEPTEMBER 12, 2018 R5 G AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION,” BY AMENDING ARTICLE III, ENTITLED “AGENCIES, BOARDS AND COMMITTEES,” BY AMENDING DIVISION 14, ENTITLED “RESERVED,” TO CREATE A NEXT GENERATION COUNCIL AND AMENDING SECTIONS 2-176 – 2-179 THEREOF, ENTITLED “RESERVED,” TO ESTABLISH AND SET FORTH THE PURPOSE, POWERS, DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT FOR THE NEXT GENERATION COUNCIL; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:40 p.m. Second Reading Public Hearing Office of the City Attorney Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4213 adopted. Motion made by Commissioner Arriola; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. SEPTEMBER 12, 2018 R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 22, AND SECTIONS 2-190.56 THROUGH 2-190.60 THEREOF, ENTITLED "RESERVED," TO ESTABLISH THE "MIAMI BEACH ANIMAL WELFARE COMMITTEE," AND TO SET FORTH THE PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT FOR THE COMMITTEE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:35 p.m. Second Reading Public Hearing Office of the City Attorney Vice-Mayor Samuelian & Co-sponsored by Mayor Gelber and all the City Commissioners ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4212 adopted. Motion made by Vice-Mayor Samuelian; seconded by Commissioner Góngora to adopt the Ordinance. Ballot vote: 7-0. SEPTEMBER 12, 2018 R5 E 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 102-356 THEREOF, ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS," TO CREATE DEFINITIONS FOR "GEOFENCING," "HOSTING PLATFORM," AND "PLATFORM"; BY AMENDING SECTION 102-386 THEREOF ENTITLED "PROPERTY OWNERS' RESPONSIBILITIES REGARDING LEGALLY PERMISSIBLE TRANSIENT RENTAL AND OCCUPANCY (SHORT TERM) OF RESIDENTIAL PROPERTY," BY REQUIRING PROPERTY OWNERS TO DISPLAY THEIR BUSINESS TAX RECEIPT AND RESORT TAX CERTIFICATE NUMBERS ON ANY LISTINGS ADVERTISING THEIR PROPERTY; BY CREATING SECTION 102-387 THEREOF, TO BE ENTITLED "HOSTING PLATFORMS' RESPONSIBILITIES REGARDING LEGALLY PERMISSIBLE TRANSIENT RENTAL AND OCCUPANCY (SHORT TERM) OF RESIDENTIAL PROPERTY," BY REQUIRING HOSTING PLATFORMS TO ONLY PUBLISH LISTINGS THAT CONTAIN BUSINESS TAX RECEIPT AND RESORT TAX CERTIFICATE NUMBERS AND ESTABLISHING A PENALTY PROVISION FOR VIOLATIONS OF THIS SECTION; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:30 p.m. Second Reading Public Hearing Office of the City Attorney Mayor Dan Gelber ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4211 adopted as amended. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. SEPTEMBER 12, 2018 R5 D AMENDING STORMWATER TIE-IN FEE SCHEDULE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, "BUILDING REGULATIONS," ARTICLE II, "CONSTRUCTION FEES," DIVISION, "PERMIT FEES," AT SECTION 14-61, "PERMIT FEES, GENERALLY," AUTHORIZING THE WAIVER OF BUILDING PERMIT FEES (BUILDING DEPARTMENT PERMIT FEE, SANITATION SURCHARGE, AND THE TRAINING/TECHNOLOGY FEE) WHEN AN AUTHORIZED RESIDENTIAL PROPERTY TIES IN TO THE CITY'S STORMWATER SYSTEM; DEFINING AUTHORIZED RESIDENTIAL PROPERTY TO INCLUDE ONLY THOSE PROPERTIES WHERE THE FINISHED FLOOR OF THE RESIDENTIAL STRUCTURE IS BELOW THE CROWN OF THE ROAD; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Public Works Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4210 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg to adopt the Ordinance. Ballot vote: 7-0. JULY 25, 2018 R5 M NORTH BEACH TOWN CENTER DISTRICT - PARKING GARAGE REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE III "DESIGN STANDARDS," AT SECTION 130-68, ENTITLED "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," TO MODIFY THE DEVELOPMENT REGULATIONS FOR COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES SO AS TO AUTHORIZE PARKING GARAGES AS A MAIN PERMITTED USE WITHIN ALL IN (TC) TOWN CENTER DISTRICTS; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," AT SECTION 142-737, ENTITLED "DEVELOPMENT REGULATIONS," TO INCREASE THE MAXIMUM NUMBER OF STORIES PERMISSIBLE FOR MAIN USE COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. Planning Commissioner John Elizabeth Alemán ACTION: Item tabled until a future date by acclamation. JULY 25, 2018 R5 L NORTH BEACH TOWN CENTER REZONING (6981 BYRON AVENUE AND 6948 HARDING AVENUE): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCELS AT 6981 BYRON AVENUE AND 6948 HARDING AVENUE, FROM THE CURRENT ZONING CLASSIFICATION OF GU, "GOVERNMENT USE", TO THE PROPOSED ZONING CLASSIFICATION OF TC-1, "TOWN CENTER CORE DISTRICT"; AND PROVIDING FOR CODIFICATION, REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Planning Commissioner John Elizabeth Alemán and Commissioner Ricky Arriola ACTION: Item tabled until a future date by acclamation. JULY 25, 2018 R5 K NORTH BEACH TOWN CENTER COMPREHENSIVE PLAN AMENDMENT (6981 BYRON AVENUE AND 6948 HARDING AVENUE): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR THE PARCELS AT 6981 BYRON AVENUE AND 6948 HARDING AVENUE, FROM THE CURRENT DESIGNATION OF P, "PARKING," TO THE PROPOSED DESIGNATION OF TC-1, "TOWN CENTER CORE DISTRICT"; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Planning Commissioner John Elizabeth Alemán & Commissioner Ricky Arriola ACTION: Item tabled until a future date by acclamation. JULY 25, 2018 R5 J 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) THEREOF TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF STREETS, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:50 p.m. Second Reading Public Hearing Transportation Commissioner Michael Góngora and Co-sponsored by Vice-Mayor Mark Samuelian and Mayor Dan Gelber ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4209 adopted. Motion made by Commissioner Góngora; seconded by Vice- Mayor Samuelian to adopt the Ordinance. Ballot vote: 7-0. JULY 25, 2018 R5 I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46-92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FINES, AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS" TO PROHIBIT ANY PERSON FROM CARRYING ANY SINGLE-USE PLASTIC BEVERAGE STRAW OR SINGLE-USE PLASTIC STIRRER ONTO ANY BEACH OR PARK WITHIN THE CITY, OR ONTO ANY CITY MARINA, PIER, DOCK, OR BOAT RAMP; AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 82-8 THEREOF, TO BE ENTITLED "PROHIBITIONS REGARDING SALE OR USE OF SINGLE-USE PLASTIC BEVERAGE STRAWS AND SINGLE-USE PLASTIC STIRRERS BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES," TO PROHIBIT THE SALE, USE, PROVISION, AND OFFERING OF SINGLE-USE PLASTIC BEVERAGE STRAWS AND SINGLE-USE PLASTIC STIRRERS BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES IN CITY FACILITIES AND ON CITY PROPERTY; AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-385 THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," TO PROVIDE PROHIBITIONS REGARDING SINGLE-USE PLASTIC BEVERAGE STRAWS AND SINGLE-USE PLASTIC STIRRERS ON THE RIGHT-OF-WAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:45 p.m. Second Reading Public Hearing Environment and Sustainability Mayor Dan Gelber and Co-sponsored by Commissioners Michael Góngora Micky Steinberg and John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4208 adopted as amended. Motion made by Commissioner Alemán; seconded by Commissioner Góngora to adopt the Ordinance. Ballot vote: 7-0. AMENDMENT: (1) Exception. The provisions in subsection (c) that pertain to single-use plastic beverage straws and single-use plastic stirrers shall not apply to a person or patron with a disability or medical condition that impairs the consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. JULY 25, 2018 R5 H AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE, ENTITLED “HUMAN RELATIONS,” BY CREATING ARTICLE VI THEREOF, TO BE ENTITLED “PROTECTION OF HOTEL AND HOSTEL EMPLOYEES FROM ASSAULT AND SEXUAL HARASSMENT,” TO PROVIDE REGULATIONS REGARDING THE PERSONAL SAFETY OF CERTAIN HOTEL AND HOSTEL EMPLOYEES; PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:40 p.m. Second Reading Public Hearing Office of the City Attorney/Code Compliance Commissioner Kristen Rosen Gonzalez Co-Sponsored by Mayor Gelber ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4207 adopted as amended. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Góngora to adopt the Ordinance. Ballot vote: 7-0. AMENDMENT: Beginning August 1, 2019, each hotel and hostel shall place a plainly visible sign inside of each guest room, written in a font size of no less than 14 points, that states the f ollowing : “For the protection of our employees, this establishment provides safety buttons or notification devices to its room attendants, housekeeping attendants, minibar attendants, and room service servers, in compliance with Chapter 62, article VI of the Code of the City of Miami Beach. JULY 25, 2018 R5 G AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION,” ARTICLE VII, ENTITLED “STANDARDS OF CONDUCT,” DIVISION 3, ENTITLED “LOBBYISTS,” SECTION 2- 482 THEREOF, ENTITLED “REGISTRATION; DISCLOSURES,” TO CREATE AN EXEMPTION FROM THE CITY’S LOBBYIST REGISTRATION FEE REQUIREMENT FOR ANY PRINCIPAL OF A CORPORATION, PARTNERSHIP, OR OTHER ENTITY, WHO APPEARS AS A LOBBYIST ON BEHALF OF THAT ENTITY, WITHOUT SPECIAL COMPENSATION OR REIMBURSEMENT FOR THE APPEARANCE; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 1:35 p.m. Second Reading Public Hearing Office of the City Attorney Commissioner Ricky Arriola & Co-sponsored by Commissioners Alemán & Góngora Co- Sponsored by Mayor Gelber and Vice-Mayor Samuelian ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4206 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 6-0; Absent: Commissioner Góngora. Commissioner Góngora voted in favor of the item. Final Ballot vote: 7-0. JULY 25, 2018 R5 F 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 IV, ENTITLED “USES IN PUBLIC RIGHTS-OF-WAY,” BY AMENDING DIVISION 5, ENTITLED “SIDEWALK CAFES,” BY AMENDING SUBDIVISION II, ENTITLED “PERMIT,” BY AMENDING SECTION 82-385, ENTITLED “MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES,” BY MODIFYING THE CIRCUMSTANCES UNDER WHICH SUBSECTION (Z), RELATING TO SINGLE-USE CARRY OUT PLASTIC BAGS, WOULD TAKE EFFECT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:30 p.m. Second Reading Public Hearing Office of the City Attorney Mayor Dan Gelber and Co-Sponsored by the City Commission ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4205 adopted. Motion made by Commissioner Góngora; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. JULY 25, 2018 R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106-55, ENTITLED "PARKING RATES, FEES, AND PENALTIES;" BY AMENDING MUNICIPAL PARKING GARAGE AND PREFERRED PARKING LOT RATES AND PENALTIES TO PROVIDE RATES AND PENALTIES FOR THE NEW CONVENTION CENTER GARAGE AND DELETING THE SECTION ENTITLED "PREFERRED PARKING LOT (18TH STREET AND MERIDIAN AVENUE);" PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:50 a.m. Second Reading Public Hearing Parking Vice-Mayor Mark Samuelian ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4204 adopted. Motion made by Commissioner Alemán; seconded by Vice-Mayor Samuelian to adopt the Ordinance. Ballot vote: 7-0. JULY 25, 2018 R5 D CD-3 ARCHITECTURAL DISTRICT PARKING GARAGE HEIGHTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, "DISTRICT REGULATIONS,” DIVISION 6, “CD-3 COMMERCIAL HIGH INTENSITY DISTRICT,” BY AMENDING SECTION 142-337, “DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS,” TO AMEND THE MAXIMUM HEIGHT REQUIREMENTS FOR PARKING GARAGES WITHIN THE CD-3 ARCHITECTURAL DISTRICT FOR LOTS FRONTING ON JAMES AVENUE, BOUNDED BY 17TH STREET TO THE NORTH AND LINCOLN ROAD TO THE SOUTH; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:45 a.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Item opened and continued by acclamation to the September 12, 2018 Commission meeting, as requested by Commissioner Alemán. JULY 25, 2018 R5 C RPS OPEN SPACE REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” BY AMENDING ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” BY AMENDING DIVISION 18, ENTITLED “PS PERFORMANCE STANDARD DISTRICT,” BY MODIFYING THE OPEN SPACE REQUIREMENTS PERTAINING TO PRIVATE SPACES ACCESSIBLE BY RESIDENTS OF A BUILDING; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing Planning Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4203 adopted. Motion made by Commissioner Góngora; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. JULY 25, 2018 R5 B SINGLE FAMILY REGULATIONS - UNDERSTORY AREAS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” DIVISION 2, “RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS,” BY MODIFYING, EXPANDING, AND CLARIFYING REGULATIONS FOR NON-AIR CONDITIONED AND AIR CONDITIONED ‘UNDERSTORY’ SPACE LOCATED BELOW ELEVATED HOMES IN THE SINGLE FAMILY RESIDENTIAL DISTRICTS, AND ALLOWING FOR ROOFTOP GARDENS OR BUILT-IN PLANTERS AS AN ALLOWABLE HEIGHT EXCEPTION FOR SINGLE FAMILY HOMES; AMENDING ARTICLE IV, “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 4, “SUPPLEMENTARY YARD REGULATIONS,” BY MODIFYING ALLOWABLE ENCROACHMENTS FOR ACCESS TO A BUILDING; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:35 a.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4202 adopted as amended. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. JULY 25, 2018 R5 A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP IV, REPRESENTED BY THE COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178, IN ACCORDANCE WITH THE IMPOSED COLLECTIVE BARGAINING AGREEMENT, EFFECTIVE UPON RATIFICATION OF THIS AGREEMENT, THERE SHALL BE AN INCREASE IN PAY GRADE FOR THE FOLLOWING CLASSIFICATIONS: CRIME ANALYST SPECIALIST FROM H26 TO H32; CODE COMPLIANCE OFFICER I FROM H26 TO H27; CODE COMPLIANCE OFFICER II FROM H28 TO H31; PARKING METER TECHNICIAN I FROM H23 TO H25; AND PARKING METER TECHNICIAN II FROM H25 TO H27; EFFECTIVE OCTOBER 1 OF 2017, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH PAY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. 10:30 a.m. Second Reading Public Hearing Human Resources Mayor Dan Gelber ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4201 adopted. Motion made by Commissioner Alemán; seconded by Vice-Mayor Samuelian to adopt the Ordinance. Ballot vote: 6-0; Absent: Commissioner Góngora. June 6, 2018 R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ANIMALS,” BY AMENDING THE PROHIBITIONS, PENALTIES, AND ENFORCEMENT PROVISIONS REGARDING THE KEEPING, STABLING, HARBORING, OR MAINTAINING OF ANIMALS IN THE CITY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:55 a.m. Second Reading Public Hearing Office of the City Attorney Vice-Mayor Micky Steinberg and Co-sponsored by Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4200 adopted. Motion made by Commissioner Góngora; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Gelber. June 6, 2018 R5 A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE POLICE OFFICERS’ RELIEF AND PENSION FUND TO COMPLY WITH APPLICABLE PROVISIONS OF THE INTERNAL REVENUE CODE, AND REGULATIONS THEREUNDER, BY AMENDING THE RELATED SPECIAL ACTS OF THE CITY, BY AMENDING ARTICLE VIII, ENTITLED “POLICE OFFICERS’ RELIEF AND PENSION FUND,” BY AMENDING SECTIONS 49 THROUGH 60 AND CREATING A NEW SECTION 61; PROVIDING FOR SEVERABILITY; REPEALER CODIFICATION; AND AN EFFECTIVE DATE. 10:50 a.m. Second Reading Public Hearing Human Resources Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4199 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Gelber. May 16, 2018 R5 M NORTH SHORE LOCAL HISTORIC DISTRICT - TATUM WATER EXPANSION: 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; AMENDING SECTION 118-593, “HISTORIC PRESERVATION DESIGNATION”; AMENDING SECTION 118-593(E), “DELINEATION ON ZONING MAP”; AMENDING SECTION 118-593(E)(2), “HISTORIC PRESERVATION DISTRICTS (HPD)," BY EXPANDING THE BOUNDARIES OF THE NORTH SHORE HISTORIC DISTRICT TO ADD THE NORTH SHORE HISTORIC DISTRICT TATUM WATERWAY EXPANSION GENERALLY BOUNDED BY 77TH STREET ON THE SOUTH, HAWTHORNE AVENUE AND CRESPI BOULEVARD ON THE WEST, 87TH STREET ON THE NORTH AND TATUM WATERWAY DRIVE AND BYRON AVENUE ON THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT THE CITY’S ZONING MAP SHALL BE AMENDED TO INCLUDE THE NORTH SHORE HISTORIC DISTRICT TATUM WATERWAY EXPANSION; ADOPTING THE DESIGNATION REPORT ATTACHED HERETO AS APPENDIX “A”; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:04 p.m. Second Reading Public Hearing Planning Historic Preservation Board ACTION: Title of the Ordinance read into the record. Ordinance 2018-4198 adopted. Motion made by Commissioner Alemán, seconded by Commissioner Góngora to adopt the Ordinance. Ballot vote: 7-0. May 16, 2018 R5 L NORTH BEACH TOWN CENTER DISTRICT - PARKING GARAGE REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE III "DESIGN STANDARDS," AT SECTION 130-68, ENTITLED "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," TO MODIFY THE DEVELOPMENT REGULATIONS FOR COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES SO AS TO AUTHORIZE PARKING GARAGES AS A MAIN PERMITTED USE WITHIN ALL IN (TC) TOWN CENTER DISTRICTS; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," AT SECTION 142-737, ENTITLED "DEVELOPMENT REGULATIONS," TO INCREASE THE MAXIMUM NUMBER OF STORIES PERMISSIBLE FOR MAIN USE COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 5:03 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Item opened and continued to the July 25, 2018 Commission Meeting, by acclamation. May 16, 2018 R5 K NORTH BEACH TOWN CENTER REZONING (6981 BYRON AVENUE AND 6948 HARDING AVENUE): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCELS AT 6981 BYRON AVENUE AND 6948 HARDING AVENUE, FROM THE CURRENT ZONING CLASSIFICATION OF GU, "GOVERNMENT USE", TO THE PROPOSED ZONING CLASSIFICATION OF TC-1, "TOWN CENTER CORE DISTRICT"; AND PROVIDING FOR CODIFICATION, REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:02 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán and Commissioner Ricky Arriola ACTION: Item opened and continued to the July 25, 2018 Commission Meeting, by acclamation. May 16, 2018 R5 J NORTH BEACH TOWN CENTER COMPREHENSIVE PLAN AMENDMENT (6981 BYRON AVENUE AND 6948 HARDING AVENUE): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR THE PARCELS AT 6981 BYRON AVENUE AND 6948 HARDING AVENUE, FROM THE CURRENT DESIGNATION OF P, "PARKING," TO THE PROPOSED DESIGNATION OF TC-1, "TOWN CENTER CORE DISTRICT"; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:01 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán & Commissioner Ricky Arriola ACTION: Item opened and continued to the July 25, 2018 Commission Meeting, by acclamation. May 16, 2018 R5 I NORTH BEACH GU LOTS - WAIVER OF DESIGN REVIEW BOARD PROCESS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 9, ENTITLED “GU GOVERNMENT USE DISTRICT,” BY AMENDING SECTION 142-425, ENTITLED “DEVELOPMENT REGULATIONS” TO ALLOW THE CITY COMMISSION TO WAIVE THE DESIGN REVIEW PROCESS FOR TEMPORARY USES ON LOTS WITH A GU ZONING DESIGNATION FRONTING COLLINS AVENUE BETWEEN 79TH STREET AND 87TH STREET; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 3:45 p.m. Second Reading Public Hearing Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Refer to public comments with Item R7 B. Ordinance 2018-4197 adopted. Motion made by Commissioner Alemán, seconded by Commissioner Arriola to approve the item. Ballot vote: 7-0. May 16, 2018 R5 H AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," ARTICLE II, "PUBLIC PLACES," DIVISION II, "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN- LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," TO CREATE DEFINITIONS FOR "ELECTRIC BICYCLE," "MOPED," "MOTORCYCLE," "MOTORIZED BICYCLE," AND "MOTORIZED SCOOTER"; ESTABLISH REGULATIONS FOR THE RENTAL OR LEASE OF ELECTRIC BICYCLES, MOPEDS, MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS; AND PROHIBIT THE RENTAL OR LEASE OF A MOPED, MOTORCYCLE THAT IS POWERED BY A MOTOR WITH A DISPLACEMENT OF 50 CUBIC CENTIMETERS OR LESS, OR MOTORIZED BICYCLE, DURING SPECIFIED DATES EACH YEAR; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:45 p.m. Second Reading Public Hearing Office of the City Attorney Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Ordinance 2018-4196 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Samuelian to adopt the Ordinance as amended. Ballot vote: 4-3; Opposed: Commissioners Arriola, Góngora, and Rosen Gonzalez. May 16, 2018 R5 G 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," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION 1, "GENERALLY," SECTION 82-382 THEREOF, ENTITLED "APPLICATION," TO AUTHORIZE A SIDEWALK CAFE PERMIT APPLICANT LOCATED IN THE AREA NORTH OF 63RD STREET AND SOUTH OF THE CITY LIMITS ON 87TH TERRACE, PROPOSING TO OPERATE A SIDEWALK CAFE, HAVING NO MORE THAN TWO (2) TABLES AND EIGHT (8) SEATS, TO SATISFY THE SITE PLAN REQUIREMENT OF SECTION 82-382(B)(6)(I) BY APPLYING FOR AND OBTAINING A SITE PLAN DESIGNED BY THE PUBLIC WORKS DEPARTMENT; TO AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO IMPOSE A FEE FOR SUCH SITE PLAN; AND TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL ONLY APPLY TO THE OPERATION OF SIDEWALK CAFES THROUGH AND INCLUDING SEPTEMBER 30, 2020; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:40 p.m. Second Reading Public Hearing Public Works Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Ordinance 2018-4195 adopted. Motion made by Commissioner Alemán; seconded by Vice-Mayor Steinberg to adopt the Ordinance. Ballot vote: 7-0. May 16, 2018 R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106-55, ENTITLED "PARKING RATES, FEES, AND PENALTIES; EXCEPTIONS," BY AMENDING SUBSECTION (N) RELATING TO "SMARTWAY VEHICLE INCENTIVES;" TO INCREASE THE NUMBER OF PERMITS ELIGIBLE TO PARTICIPATE IN THE REDUCED PARKING FEE PERMIT PROGRAM, AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 1:35 p.m. Second Reading Public Hearing Parking Vice-Mayor Micky Steinberg ACTION: Title of the Ordinance read into the record. Ordinance 2018-4194 adopted. Motion made by Vice-Mayor Steinberg; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. May 16, 2018 R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FIREFIGHTERS' RELIEF AND PENSION FUND TO COMPLY WITH APPLICABLE PROVISIONS OF THE INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER; AMENDING THE RELATED SPECIAL ACTS OF THE CITY BY AMENDING ARTICLE VII, ENTITLED "FIREFIGHTERS' RELIEF AND PENSION FUND," BY AMENDING SECTIONS 36, 37, 42, AND 43; PROVIDING FOR SEVERABILITY; REPEALER CODIFICATION; AND AN EFFECTIVE DATE. 1:30 p.m. Second Reading Public Hearing Human Resources Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Ordinance 2018-4193 adopted. Motion made by Commissioner Alemán; seconded by Vice-Mayor Steinberg to adopt the Ordinance. Ballot vote: 7-0. May 16, 2018 R5 D BUILDING PERMIT REPRIEVE PROGRAM: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," AT ARTICLE II, "CONSTRUCTION STANDARDS," TO MODIFY DIVISION IV, ENTITLED "BUILDING PERMIT REPRIEVE PROGRAM;" MODIFYING SECTIONS 14-85, AND 14-87, TO PROVIDE FOR A ONE-YEAR EXTENSION FOR THE REPRIEVE PROGRAM FOR OWNERS OF SINGLE FAMILY RESIDENTIAL, MULTl-FAMILY RESIDENTIAL, MIXED USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT(S), OR HAVE EXPIRED PERMITS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET PROVISION. 10:20 a.m. Second Reading Public Hearing Building/Office of the City Attorney Vice-Mayor Micky Steinberg ACTION: Title of the Ordinance read into the record. Ordinance 2018-4192 adopted. Motion made by Vice-Mayor Micky Steinberg; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. May 16, 2018 R5 C MODIFICATIONS TO ARTISTIC MURALS AND SUPERGRAPHICS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138, “SIGNS,” ARTICLE VI, “SPECIFIC USE SIGNS,” AT SECTION 138-204, “NON-COMMERCIAL GRAPHICS AND IMAGES,” BY MODIFYING THE EXISTING REGULATIONS FOR NON-COMMERCIAL GRAPHICS AND IMAGES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Planning Vice-Mayor Micky Steinberg and Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Ordinance 2018-4191 adopted as amended. Motion made by Vice-Mayor Steinberg; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. Thomas Mooney to handle. AMENDMENT: Section 138-204(2) second line should read: unless otherwise approved and adopted by a majority vote of the City Commission. May 16, 2018 R5 B NORTH BEACH TOWN CENTER FAR INCREASE LAND DEVELOPMENT 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 20, “TC NORTH BEACH TOWN CENTER DISTRICTS,” AT SECTION 142-737, TO INCREASE THE MAXIMUM FLOOR AREA RATIO (FAR) FOR THE PROPERTIES BOUNDED BY 69TH STREET ON THE SOUTH, COLLINS AVENUE ON THE EAST, 72ND STREET ON THE NORTH AND INDIAN CREEK DRIVE/DICKENS AVENUE ON THE WEST, TO AN FAR OF 3.5 FROM THE CURRENT FAR OF 2.25 TO 2.75 FOR TC-1 DISTRICT, FROM 2.0 FOR THE TC-2 DISTRICT, AND FROM 1.25 FOR THE TC-3 DISTRICT, AS REQUIRED BY THE REFERENDUM APPROVED BY THE CITY’S VOTERS ON NOVEMBER 7, 2017; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Ordinance 2018-4190 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. May 16, 2018 R5 A NORTH BEACH TOWN CENTER REVITALIZATION OVERLAY COMPREHENSIVE PLAN AMENDMENT: AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED “FUTURE LAND USE ELEMENT;” “OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS,” AT POLICY 1.2, TO INCREASE THE MAXIMUM FLOOR AREA RATIO (FAR) FOR THE PROPERTIES LOCATED IN THE NORTH BEACH TOWN CENTER REVITALIZATION OVERLAY, TO AN FAR OF 3.5 FROM THE CURRENT FAR OF 2.25 TO 2.75 FOR TOWN CENTER CORE CATEGORY (TC-1), FROM 2.0 FOR THE TOWN CENTER COMMERCIAL CATEGORY (TC-2), FROM 1.25 FOR THE TOWN CENTER RESIDENTIAL OFFICE (TC-3), AND FROM 2.0 FOR THE PUBLIC FACILITY: GOVERNMENTAL USES (PF) FUTURE LAND USE DESIGNATIONS; AND DESIGNATING THE NORTH BEACH TOWN CENTER REVITALIZATION OVERLAY FOR THE PROPERTIES GENERALLY LOCATED BETWEEN 72ND STREET TO THENORTH, COLLINS AVENUE TO THE EAST, 69TH STREET TO THE SOUTH, AND INDIAN CREEK DRIVE/DICKENS AVENUE TO THE WEST ON THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:00 a.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Ordinance 2018-4189 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. April 11, 2018 R5 K 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," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," TO AMEND THE DISCLOSURE REQUIREMENTS FOR SIDEWALK CAFE OPERATORS, AND TO FURTHER PROVIDE SUPPLEMENTAL PENALTY PROVISIONS FOR SPECIFIED VIOLATIONS OF THIS DIVISION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:45 p.m. Second Reading Public Hearing Office of the City Attorney Commissioner Mark Samuelian ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4188 adopted as amended. Motion made by Commissioner Samuelian; seconded by Commissioner Alemán to adopt the Ordinance as amended. Ballot vote: 7-0. April 11, 2018 R5 J NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," BY AMENDING SECTION 142-155 TO REFERENCE THE REQUIREMENTS FOR THE NORTH BEACH NATIONAL REGISTER CONSERVATION OVERLAY; BY AMENDING ARTICLE Ill, "OVERLAY DISTRICTS," BY CREATING DIVISION 12, ENTITLED THE "NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY," WHICH DIVISION WOULD CREATE SPECIFIC DEVELOPMENT REGULATIONS FOR THE OVERLAY, INCLUDING DEMOLITION REQUIREMENTS, LIMITATIONS ON LOT AGGREGATION, REDUCTIONS IN UNIT SIZE, MODIFICATIONS TO THE SETBACK AND HEIGHT REQUIREMENTS, ADDITIONAL REQUIREMENTS FOR ROOFTOP ADDITIONS AND ALLOWABLE HEIGHT EXCEPTIONS, AND INCLUSION OF DESIGN, RESILIENCY, AND PARKING STANDARDS; AND BY AMENDING CHAPTER 130, "OFF-STREET PARKING," DIVISION II, "DISTRICTS; REQUIREMENTS," AT SECTION 130-32, "OFF-STREET PARKING REQUIREMENTSFOR PARKING DISTRICT NO. 1," BY REDUCING THE PARKING REQUIREMENTS FOR APARTMENT AND APARTMENT HOTEL BUILDINGS LOCATED IN THE NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 1:40 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. See Item C6 C #2. Public Hearing held. Ordinance 2018-4187 adopted as amended. See Motion 2. Thomas Mooney to handle. MOTION 1: Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Staff Version of the Ordinance. Ballot vote: 4-3. Opposed: Vice-Mayor Steinberg and Commissioners Góngora, Rosen Gonzalez and Samuelian. Motion fails. MOTION 2: Vice-Mayor Steinberg moved the item with the three lots aggregation; seconded by Commissioner Arriola. Ballot vote: 7-0. April 11, 2018 R5 I NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY COMPREHENSIVE PLAN AMENDMENTS: AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS IN SECTION 163.3184(3), FLORIDA STATUTES, BY DESIGNATING THE “NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY” IN THE FUTURE LAND USE MAP; BY MODIFYING CHAPTER 1, ENTITLED “FUTURE LAND USE ELEMENT;” “OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS,” TO PROVIDE FOR INCREASED DENSITY ON PARCELS DESIGNATED “LOW DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM-1)” LOCATED WITHIN THE “NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY”; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 1:35 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4186 adopted. Commissioner Alemán moved the Comprehensive Plan as is; seconded by Commissioner Rosen Gonzalez; Ballot vote: 7-0. April 11, 2018 R5 H PLANNING BOARD CUP APPEAL STAYS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 118 OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE I, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING SECTION 118-9, ENTITLED "REHEARING AND APPEAL PROCEDURES," TO ALLOW THE ISSUANCE OF A BUILDING PERMIT TO AN APPLICANT WHOSE PLANNING BOARD CONDITIONAL USE APPROVAL APPLICATION IS ON APPEAL, ALLOWING AN EXCEPTION TO THE CITY'S RULE THAT REQUIRES FINAL RESOLUTION OF ALL ADMINISTRATIVE AND COURT PROCEEDINGS, SO LONG AS THE CERTAIN CONDITIONS CONTAINED IN 118-9 ARE COMPLIED WITH, AND PROVIDED THE APPLICANT EXECUTES A WRITTEN AGREEMENT HOLDING THE CITY HARMLESS AND INDEMNIFYING THE CITY FROM ANY LIABILITY OR LOSS SHOULD THE COURT PROCEEDINGS NOT END FAVORABLY TO THE APPLICANT; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 1:30 a.m. Second Reading Public Hearing Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4185 adopted. Motion made by Commissioner Arriola, seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-1; Opposed: Commissioner Samuelian. April 11, 2018 R5 G RM-1 RELIGIOUS INSTITUTIONS PARKING AMENDMENT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED “OFF-STREET PARKING,” ARTICLE II “DISTRICTS; REQUIREMENTS,” AT SECTION 130-32, ENTITLED “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1,” TO MODIFY THE REQUIREMENTS FOR PARKING DISTRICT NO. 1, TO ALLOW THE PLANNING BOARD, THROUGH THE CONDITIONAL USE PROCESS, TO WAIVE ALL REQUIRED PARKING FOR NEW CONSTRUCTION FOR RELIGIOUS INSTITUTIONS IN THE RM-1 DISTRICT, PROVIDED THE PROPERTY IS LESS THAN 8,000 SQUARE FEET AND THE CONDITIONAL USE APPLICATION INCLUDES A TRAFFIC OPERATIONS PLAN; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:30 a.m. Second Reading Public Hearing Planning Commissioner Kristen Rosen Gonzalez ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4184 adopted. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 6-1: Opposed: Commissioner Samuelian. April 11, 2018 R5 F ARTIFICIAL GRASS - CHAPTER 126 LANDSCAPE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 126, “LANDSCAPE REQUIREMENTS,” SECTION 126-2, “DEFINITIONS,” TO PROVIDE DEFINITIONS FOR “GRASS,” AND “ARTIFICIAL GRASS”; BY AMENDING SECTION 126-6(B) BY MODIFYING THE REQUIREMENTS FOR ALLOWABLE SOD AREAS IN SINGLE FAMILY DISTRICTS, INCLUDING PROVISIONS FOR ARTIFICIAL GRASS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4183 adopted. Motion made by Commissioner Alemán; seconded by Vice-Mayor Steinberg to adopt the Ordinance. Ballot vote: 5-1; Opposed: Commissioner Góngora. Absent: Commissioner Rosen Gonzalez. April 11, 2018 R5 E ADMINISTRATIVE REVIEW OF BALCONIES FOR LIFE SAFETY MODIFICATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 118, “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE VI, “DESIGN REVIEW PROCEDURES,” AT SECTION 118-260, ENTITLED “ADMINISTRATIVE REVIEW PROCEDURES,” TO PROVIDE AN EXCEPTION FOR ADMINISTRATIVE REVIEW OF BALCONIES; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4182 adopted. Motion made by Commissioner Alemán to adopt the Ordinance; seconded by Vice-Mayor Steinberg. Ballot vote: 7-0. April 11, 2018 R5 D AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-152, ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED," BY AMENDING THE HOURS PROHIBITING POWER TOOLS AND LANDSCAPING EQUIPMENT FROM BETWEEN 8:00 P.M. AND 7:00 A.M., TO BETWEEN 8:00 P.M. AND 8:00 A.M.; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Office of the City Attorney Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4181 adopted. Motion made by Commissioner Góngora; seconded by Vice-Mayor Steinberg to adopt the Ordinance. Ballot vote: 6-1; Opposed: Commissioner Alemán. April 11, 2018 R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION,” BY AMENDING ARTICLE II, ENTITLED “CITY COMMISSION,” BY AMENDING SECTION 2-12, ENTITLED “MEETING PROCEDURES AND AGENDAS,” BY AMENDING THE REQUIREMENTS FOR CITY COMMISSION MEETING AGENDA ITEMS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing Office of the City Attorney Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4180 adopted. Motion made by Commissioner Góngora; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. April 11, 2018 R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED “ADMINISTRATION,” ARTICLE VII, “STANDARDS OF CONDUCT,” DIVISION 2, “OFFICERS, EMPLOYEES, AND AGENCY MEMBERS,” SECTION 2-462, “PROHIBITING MEMBERS OF CITY COMMISSION FROM HAVING CERTAIN POST- SERVICE CONTRACTS WITH CITY,” TO AMEND THE PROVISIONS RELATING TO WAIVERS OF THE POST-SERVICE RESTRICTIONS APPLICABLE TO MEMBERS OF THE CITY COMMISSION, BY REQUIRING A DULY NOTICED PUBLIC HEARING IN ORDER TO GRANT SUCH A WAIVER; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing Office of the City Attorney Commissioner Michael Góngora & Co-sponsored by Vice-Mayor Micky Steinberg ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4179 adopted. Motion made by Vice-Mayor Steinberg; seconded by Commissioner Góngora to adopt the Ordinance. Ballot vote: 7-0. April 11, 2018 R5 A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 18, AND SECTIONS 2-190.11 THROUGH 2-190.14 THEREOF, ENTITLED "RESERVED," TO CREATE THE "SENIOR AFFAIRS COMMITTEE," AND TO ESTABLISH AND SET FORTH THE PURPOSE, POWERS, DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT FOR THE COMMITTEE, AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:00 a.m. Second Reading Public Hearing Office of the City Attorney Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Public Hearing held. See Item C6 E #27. Ordinance 2018-4178 adopted as amended. Motion made by Commissioner Góngora; seconded by Commissioner Rosen Gonzalez to adopt the Ordinance as amended. Ballot vote: 7-0. AMENDMENTS:  Expand the Senior Affairs Committee from nine to 13 voting members;  The additional seats will include one seat appointed by the South Florida Seniors in Action, and the other three seats to be general appointments by the majority of the City Commission;  Include two ex officio non-voting members: one from the Hispanic Affairs Committee, and the other from the Transportation, Parking & Bicycle-Pedestrian Facilities Committee; and  Meetings will be televised via MBTV. March 7, 2018 R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 18, AND SECTIONS 2-190.11 THROUGH 2-190.14 THEREOF, ENTITLED "RESERVED," TO CREATE THE "SENIOR AFFAIRS COMMITTEE," AND TO ESTABLISH AND SET FORTH THE PURPOSE, POWERS, DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT FOR THE COMMITTEE, AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:35 p.m. Second Reading Public Hearing Office of the City Attorney Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Item opened and continued to the April 11, 2018 Commission Meeting by acclamation. March 7, 2018 R5 E FENCE HEIGHTS FOR OCEANFRONT PROPERTIES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE IV, “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 4, “SUPPLEMENTARY YARD REGULATIONS,” AT SECTION 142-1132, “ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS,” TO MODIFY FENCE REGULATIONS FOR OCEAN FRONT PROPERTIES AND PROPERTIES ONED WD-2; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 1:30 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4177 adopted. Motion made by Commissioner Alemán to adopt the Ordinance; seconded by Vice-Mayor Steinberg. Ballot vote: 7-0. March 7, 2018 R5 D FEE WAIVER FOR NONPROFITS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING “APPENDIX A - FEE SCHEDULE” TO AUTHORIZE VIA RESOLUTION OF THE CITY COMMISSION THE REDUCTION OF DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD FEES FOR NONPROFITS PROPOSING ART IN PUBLIC PLACES AND/OR NON-COMMERCIAL ARTISTIC MURALS, GRAPHICS AND IMAGES; AND AMENDING CHAPTER 82 “PUBLIC PROPERTY,” ARTICLE VII “ART IN PUBLIC PLACES” TO REQUIRE SAID MURALS OR GRAPHICS TO BE REVIEWED BY THE ART IN PUBLIC PLACES COMMITTEE PRIOR TO REVIEW OF THE APPLICABLE BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Heard in conjunction R7 I. Ordinance 2018-4176 adopted. Motion made by Commissioner Góngora to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 6-1; Opposed: Commissioner Alemán. March 7, 2018 R5 C ASSISTED LIVING AND MEDICAL USE CLEAN UP: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE I, “GENERAL TO ALL ZONING DISTRICTS,” TO ESTABLISH SECTION 142-2, ENTITLED “ASSISTED LIVING FACILITIES AND MEDICAL USES,” TO INDICATE THAT ASSISTED LIVING FACILITIES AND MEDICAL USES ARE REGULATED BY CHAPTER 142, ARTICLE V, DIVISION 2, ENTITLED “ASSISTED LIVING AND MEDICAL USES” OF THE LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” AT SECTIONS 142- 153, 142-213, 142-243, 142-303, 142-333, 142-455, 142-587, 142-594, AND 142-736 TO REMOVE ADULT CONGREGATE LIVING FACILITIES (ACLF), NURSING HOMES, AND RELATED USES FROM THE LISTS OF PERMITTED, CONDITIONAL, OR ACCESSORY USES AS THESE USES HAVE BEEN CONSOLIDATED AND ARE REGULATED BY CHAPTER 142, ARTICLE V, DIVISION 2, ENTITLED “ASSISTED LIVING AND MEDICAL USES” OF THE LAND DEVELOPMENT REGULATIONS AND REMOVE THE TERM ADULT CONGREGATE LIVING FACILITIES AS THIS TERM IS NOW OBSOLETE, AND ALSO ADDING A CROSS-REFERENCE TO DIVISION 2, TO IDENTIFY MEDICAL CONDITIONAL USES; AND AMENDING CHAPTER 58, ENTITLED “HOUSING,” ARTICLE III, ENTITLED “PROPERTY MAINTENANCE STANDARDS,” DIVISION 3, ENTITLED “MINIMUM STANDARDS,” AT SECTION 58- 296, ENTITLED “ADULT CONGREGATE LIVING FACILITIES,” TO RENAME THE SECTION “ASSISTED LIVING FACILITIES”; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing Planning/Office of the City Attorney Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4175 adopted. Motion made by Commissioner Alemán to adopt the Ordinance; seconded by Commissioner Samuelian. Ballot vote: 7-0. March 7, 2018 R5 B PLANNING BOARD CUP APPEAL STAYS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 118 OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE I, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING SECTION 118-9, ENTITLED "REHEARING AND APPEAL PROCEDURES," TO ALLOW THE ISSUANCE OF A BUILDING PERMIT TO AN APPLICANT WHOSE PLANNING BOARD CONDITIONAL USE APPROVAL APPLICATION IS ON APPEAL, ALLOWING AN EXCEPTION TO THE CITY'S RULE THAT REQUIRES FINAL RESOLUTION OF ALL ADMINISTRATIVE AND COURT PROCEEDINGS, SO LONG AS THE CERTAIN CONDITIONS CONTAINED IN 118-9 ARE COMPLIED WITH, AND PROVIDED THE APPLICANT EXECUTES A WRITTEN AGREEMENT HOLDING THE CITY HARMLESS AND INDEMNIFYING THE CITY FROM ANY LIABILITY OR LOSS SHOULD THE COURT PROCEEDINGS NOT END FAVORABLY TO THE APPLICANT; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Ordinance opened and continued to April 11, 2018. Item opened and continued to the April 11, 2018 Commission meeting, as requested by the sponsor, by acclamation. March 7, 2018 R5 A RM-1 RELIGIOUS INSTITUTIONS PARKING AMENDMENT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED “OFF-STREET PARKING,” ARTICLE II “DISTRICTS; REQUIREMENTS,” AT SECTION 130-32, ENTITLED “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1,” TO MODIFY THE REQUIREMENTS FOR PARKING DISTRICT NO. 1, TO ALLOW THE PLANNING BOARD, THROUGH THE CONDITIONAL USE PROCESS, TO WAIVE ALL REQUIRED PARKING FOR NEW CONSTRUCTION FOR RELIGIOUS INSTITUTIONS IN THE RM-1 DISTRICT, PROVIDED THE PROPERTY IS LESS THAN 8,000 SQUARE FEET AND THE CONDITIONAL USE APPLICATION INCLUDES A TRAFFIC OPERATIONS PLAN; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:00 a.m. Second Reading Public Hearing Planning Commissioner Kristen Rosen Gonzalez ACTION: Title of the Ordinance read into the record. Ordinance opened and continued to April 11, 2018. Item opened and continued to the April 11, 2018 Commission meeting approved by acclamation. February 14, 2018 R5 H DIGITAL SUPERGRAPHICS - SIZE LIMITS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138, “SIGNS,” ARTICLE VI, “SPECIFIC USE SIGNS,” AT SECTION 138-204, “NON-COMMERCIAL GRAPHICS AND IMAGES,” BY MODIFYING THE EXISTING REGULATIONS FOR ELECTRONIC GRAPHICS AND IMAGES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 3:05 p.m. Second Reading Public Hearing Planning Vice-Mayor John Elizabeth Alemán and Commissioner Micky Steinberg ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4174 adopted as amended. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Steinberg. Ballot vote: 7-0. February 14, 2018 R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION,” BY CREATING ARTICLE IX, ENTITLED “PROTECTION OF EMPLOYEES DISCLOSING SPECIFIED INFORMATION,” TO PROHIBIT THE CITY FROM TAKING RETALIATORY ACTION AGAINST CITY EMPLOYEES FOR REPORTING UNLAWFUL ACTIVITY, MISFEASANCE OR MALFEASANCE BY CITY EMPLOYEES OR INDEPENDENT CONTRACTORS; PROVIDING FOR THE PURPOSE THEREOF, AND SETTING FORTH DEFINITIONS, ACTIONS PROHIBITED, THE NATURE OF INFORMATION DISCLOSED AND TO WHOM THE INFORMATION IS TO BE DISCLOSED, EMPLOYEES AND PERSONS PROTECTED, REMEDIES, RELIEF, EXISTING RIGHTS, RETROACTIVE APPLICATION, AND CONFIDENTIALITY OF CERTAIN INFORMATION AND INDIVIDUALS DISCLOSING INFORMATION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:35 p.m. Second Reading Public Hearing Office of the City Attorney/Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4173 adopted. Motion made by Commissioner Góngora to adopt the Ordinance; seconded by Commissioner Steinberg. Ballot vote: 6-0; Absent: Mayor Gelber. February 14, 2018 R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," ARTICLE VI, "PROCUREMENT," DIVISION 3, "CONTRACT PROCEDURES," BY CREATING SECTION 2-377, TO BE ENTITLED "NON-DISCRIMINATION BY CITY CONTRACTORS," TO ESTABLISH NON- DISCRIMINATION REQUIREMENTS FOR CITY CONTRACTORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 1:30 p.m. Second Reading Public Hearing Office of the City Attorney/Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4172 adopted. Motion made by Commissioner Góngora to adopt the Ordinance; seconded by Commissioner Steinberg. Ballot vote: 7-0. February 14, 2018 R5 D AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY CREATING ARTICLE III, ENTITLED "CITY SPONSORSHIP OF EVENTS," BY CREATING SECTION 12-6, ENTITLED "DEFINITIONS;" BY CREATING SECTION 12- 7, ENTITLED "REQUIREMENTS FOR CITY SPONSORSHIP OF EVENTS," TO ESTABLISH CRITERIA AND REQUIREMENTS FOR APPROVAL OF CITY SPONSORSHIP FOR CERTAIN EVENTS; BY CREATING SECTION 12-8, ENTITLED "SPONSORSHIP REQUESTS BY ADVISORY BOARDS OR ADVISORY COMMITTEES," TO ESTABLISH REQUIREMENTS FOR APPROVAL OF SPONSORSHIP REQUESTS FROM ADVISORY BOARDS OR ADVISORY COMMITTEES; BY CREATING SECTION 12-9, ENTITLED "SPONSORSHIP TERMS AND CONDITIONS," TO PROVIDE CERTAIN MINIMUM TERMS AND CONDITIONS FOR SPONSORSHIP CONTRACTS; AND BY CREATING SECTION 12-10, ENTITLED "APPLICABILITY," TO PROVIDE EXEMPTIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Tourism, Culture, and Economic Development Vice-Mayor John Elizabeth Alemán and Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4171 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 7-0. January 17, 2018 R5 N ASSISTED LIVING FACILITY AND MEDICAL USE ZONING REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, “OFF-STREET PARKING,” ARTICLE II, “DISTRICT; REQUIREMENTS,” TO ESTABLISH PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITY, ADULT DAY CARE CENTER, MEDICAL OFFICE, AND RELATED USES; AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE V, “SPECIALIZED USE REGULATIONS,” TO CREATE DIVISION 2, “ASSISTED LIVING AND MEDICAL USES,” SECTIONS 142-1252 TO CREATE MEDICAL RELATED USE DEFINITIONS, INCLUDING BUT NOT LIMITED TO DEFINING ASSISTED LIVING FACILITIES, COMMUNITY RESIDENTIAL HOMES, COMPREHENSIVE OUTPATIENT REHABILITATION FACILITY, CRISIS STABILIZATION UNIT; INTENSIVE INPATIENT AND OUTPATIENT TREATMENT, AND RESIDENTIAL TREATMENT CENTERS AND FACILITIES; PROVIDING FOR CLASSES OF MEDICAL USES; AND PROVIDING FOR A ZONING USE SCHEDULE WITHIN THE VARIOUS ZONING DISTRICTS OF THE CITY, WHICH DELINEATES WHERE SAID MEDICAL RELATED USES ARE CONSIDERED PERMITTED, CONDITIONAL OR PROHIBITED USES; PROVIDING FOR MINIMUM ZONING STANDARDS, DISTANCE SEPARATIONS, HOURS OF OPERATION, AND SUPPLEMENTAL CONDITIONAL USE CRITERIA; AMENDING CHAPTER 102, “TAXATION,” ARTICLE V, “LOCAL BUSINESS TAX” AT SECTION 102-379, “SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016” TO PROVIDE NEW BUSINESS TAX RECEIPT FOR SAID USES; PROVIDING FOR PENALTIES, VIOLATIONS, AND APPEALS OF CITATIONS; AMENDING CHAPTER 130, RELATING TO OFF-STREET PARKING REQUIREMENTS FOR ALF AND MEDICAL USES; AMENDING CHAPTER 102, “TAXATION,” ARTICLE V, “LOCAL BUSINESS TAX” AT SECTION 102-379 “SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016,” AS TO A CERTAIN BUSINESS TAX RECEIPT VALUATIONS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 5:06 p.m. Second Reading Public Hearing Continued from December 13, 2017 - R5 P Planning Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4170 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 7-0. January 17, 2018 R5 M RM-PRD ALCOHOL REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” DIVISION 3, “RESIDENTIAL MULTIFAMILY DISTRICTS,” SUBDIVISION III, “RM-PRD MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT,” TO AMEND THE MAIN PERMITTED, PROHIBITED, AND ACCESSORY USES, IN ORDER TO AUTHORIZE THE LIMITED SALE OF ALCOHOLIC BEVERAGES AS AN ACCESSORY USE TO DINING FACILITIES WITHIN MULTIFAMILY RESIDENTIAL BUILDINGS, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:05 p.m. Second Reading Public Hearing First Reading PH December 13, 2017 - R5 G Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4169 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 7-0. January 17, 2018 R5 L NORMANDY ISLES HISTORIC DISTRICT DESIGNATION: 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; AMENDING SECTION 118-593, “HISTORIC PRESERVATION DESIGNATION;” AMENDING SECTION 118-593(e), “DELINEATION ON ZONING MAP;” AMENDING SECTION 118-593(e)(2), “HISTORIC PRESERVATION DISTRICTS (HPD)” BY DESIGNATING THE NORMANDY ISLES HISTORIC DISTRICT WITH THE NORTHERN PORTION OF THE DISTRICT LOCATED GENERALLY BETWEEN THE NORMANDY SHORES GOLF COURSE AND SOUTH SHORE DRIVE TO THE NORTH, THE SOUTH SIDE OF MARSEILLE DRIVE AND THE PROPERTY LOCATED AT 1133 NORMANDY DRIVE TO THE SOUTH, NORTH SHORE DRIVE AND BAY DRIVE TO THE EAST, AND RAY STREET AND RUE NOTRE DAME TO THE WEST, AND THE SOUTHERN PORTION OF THE DISTRICT LOCATED GENERALLY BETWEEN THE NORTHERN LOT LINE OF THE PROPERTIES ON THE NORTH SIDE OF BAY DRIVE AND 71ST STREET TO THE NORTH, BISCAYNE BAY TO THE SOUTH, INDIAN CREEK AND BISCAYNE BAY TO THE EAST, AND RUE VERSAILLES AND BAY DRIVE TO THE WEST; PROVIDING THAT THE CITY’S ZONING MAP SHALL BE AMENDED TO INCLUDE THE NORMANDY ISLES HISTORIC DISTRICT; ADOPTING THE DESIGNATION REPORT ATTACHED HERETO AS APPENDIX “A;” PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:04 p.m. Second Reading Public Hearing First Reading PH December 13, 2017 - R5 F Planning Applicant - Historic Preservation Board ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4168 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 7-0. January 17, 2018 R5 K NORTH SHORE LOCAL HISTORIC DISTRICT DESIGNATION: 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; AMENDING SECTION 118-593, “HISTORIC PRESERVATION DESIGNATION;” AMENDING SECTION 118-593(e), “DELINEATION ON ZONING MAP;” AMENDING SECTION 118-593(e)(2), “HISTORIC PRESERVATION DISTRICTS (HPD)” BY DESIGNATING THE NORTH SHORE HISTORIC DISTRICT LOCATED GENERALLY BETWEEN 87TH STREET ON THE NORTH, 73RD STREET ON THE SOUTH, COLLINS COURT TO THE EAST, AND DICKENS AVENUE (BETWEEN 73RD STREET AND 75TH STREET) AND THE WESTERN LOT LINE OF THE PROPERTIES ON THE WEST SIDE OF HARDING AVENUE TO THE WEST; PROVIDING THAT THE CITY’S ZONING MAP SHALL BE AMENDED TO INCLUDE THE NORTH SHORE HISTORIC DISTRICT; ADOPTING THE DESIGNATION REPORT ATTACHED HERETO AS APPENDIX “A”; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:03 p.m. Second Reading Public Hearing First Reading PH December 13, 2017 - R5 E Planning Applicant - Historic Preservation Board ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4167 adopted. Motion made by Commissioner Arriola to adopt the Ordinance; seconded by Vice-Mayor Alemán. Ballot vote: 7-0. January 17, 2018 R5 J RM-1 RESTAURANT REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICT REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” DIVISION 3, “RESIDENTIAL MULTIFAMILY DISTRICTS,” SUBDIVISION II, “RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,” TO ALLOW A RESTAURANT SERVING ALCOHOLIC BEVERAGES WITHIN APARTMENT BUILDINGS WITH A MINIMUM OF 100 UNITS, SUBJECT TO CONDITIONAL USE APPROVAL; BY AMENDING SUBDIVISION III, “RM-PRD MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT,” SUBDIVISION IIIA, “RM-PRD-2 MULTIFAMILY PLANNED RESIDENTIAL DEVELOPMENT,” DIVISION 14, “RO RESIDENTIAL/OFFICE DISTRICT,” SUBDIVISION I, “RO RESIDENTIAL/OFFICE,” SUBDIVISION III, “RO-2 RESIDENTIAL/OFFICE LOW INTENSITY,” SUBDIVISION IV, “RO-3 RESIDENTIAL/OFFICE MEDIUM INTENSITY,” DIVISION 15, “TH TOWNHOME RESIDENTIAL DISTRICT,” DIVISION 19, “SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT,” AND DIVISION 18, “PS PERFORMANCE STANDARD DISTRICT,” BY CLARIFYING THAT ALCOHOLIC BEVERAGE ESTABLISHMENTS ARE A PROHIBITED USES UNLESS OTHERWISE NOTED; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:02 p.m. Second Reading Public Hearing First Reading PH December 13, 2017 - R5 B Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4166 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Steinberg. Ballot vote: 7-0. January 17, 2018 R5 I PROVISIONAL PARKING LOT AMENDMENT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS (LDRs), ENTITLED "OFF-STREET PARKING," ARTICLE III "DESIGN STANDARDS", TO MODIFY THE REQUIREMENTS FOR TEMPORARY PARKING LOTS AND DELETING THE PROVISIONS OF SECTION 130-70 IN ORDER TO REMOVE THE STANDARDS FOR PROVISIONAL PARKING LOTS FROM THE LDRs PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 5:01 p.m. Second Reading Public Hearing First Reading PH December 13, 2017 - R5 A Planning Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4165 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Góngora. Ballot vote: 7-0. January 17, 2018 R5 H AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM UNDER ORDINANCE 2017-4134, THROUGH JANUARY 31, 2018, ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN SECTION 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TOPROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR A CONTINUED EFFECTIVE DATE OF FEBRUARY 8, 2017 AND EXTENDING THE MORATORIUM THROUGH JANUARY 31, 2018; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. 10:35 a.m. Second Reading Public Hearing First Reading on December 13, 2017 - R5 AD Office of the City Attorney Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4164 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Steinberg. Ballot vote: 7-0. January 17, 2018 R5 G AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION,” BY AMENDING ARTICLE III, ENTITLED “AGENCIES, BOARDS AND COMMITTEES,” BY AMENDING DIVISION 3, ENTITLED “PARKS AND RECREATIONAL FACILITIES BOARD,” BY AMENDING SECTION 2.171, ENTITLED “ESTABLISHED; PURPOSE; COMPOSITION” TO ADD TWO ADDITIONAL BOARD MEMBERS WITH A HIGH DEGREE OF INTEREST, PARTICIPATION, AND/OR EXPERTISE IN YOUTH RECREATIONAL PROGRAMS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:30 a.m. Second Reading Public Hearing First Reading on December 13, 2017-R5 AC Office of the City Attorney Vice-Mayor John Elizabeth Alemán & Co-sponsored by Commissioner Michael Góngora ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018-4163 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Góngora. Ballot vote: 7-0. January 17, 2018 R5 F UNIFIED DEVELOPMENT SITES - FAR: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES" ARTICLE I "IN" GENERAL," TO CLARIFY THE MAXIMUM ALLOWABLE FLOOR AREA RATIO ("FAR") FOR UNIFIED DEVELOPMENT SITES CONTAINING BUILDINGS WITH NONCONFORMING FAR AND/OR ELEVATED OPEN-AIR BRIDGES, PASSAGEWAYS OR CONNECTIONS USED SOLELY FOR PEDESTRIAN CIRCULATION BETWEEN BUILDINGS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing First Reading on December 13, 2017 - R5 Y Planning Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4162 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 7-0. January 17, 2018 R5 E RM-3 HOTELS - ARCHITECTURAL DISTRICT PARKING: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130 "OFF- STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," BY AMENDING THE OFF-STREET PARKING REQUIREMENTS FOR OCEANFRONT HOTELS ZONED RM-3 IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing First Reading on December 13, 2017- R5 W Planning Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4161 adopted as amended. Motion made by Vice-Mayor Alemán to adopt the Ordinance as amended; seconded by Commissioner Arriola. Ballot vote: 6-1. Against: Commissioner Rosen Gonzalez. January 17, 2018 R5 D BELOW GRADE PARKING - MINIMUM REQUIREMENTS AND CRITERIA: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, “OFF-STREET PARKING,” ARTICLE III, “DESIGN STANDARDS,” BY CREATING BELOW GRADE OFF-STREET PARKING CRITERIA; BY AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” BY AMENDING ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” TO MODIFY THE MINIMUM SETBACK REQUIREMENTS FOR SUBTERRANEAN LEVELS IN CERTAIN ZONING DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing First Reading on December 13, 2017 - R5 V Planning Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4160 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Góngora. Ballot vote: 7-0. January 17, 2018 R5 C PARKING DISTRICTS NO. 6 & 7 - HOTEL AND APARTMENT REQUIREMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "OFF-STREET PARKING," ARTICLE II "DISTRICTS; REQUIREMENTS," TO MODIFY THE REQUIREMENTS FOR PARKING DISTRICT NO. 6; TO EXTEND THE BOUNDARIES OF PARKING DISTRICT NO. 7; AND TO MODIFY THE REQUIREMENTS FOR PARKING DISTRICT NO. 7; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing First Reading on December 13, 2017 - R5 U Planning Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4159 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 6-1. Against: Commissioner Rosen Gonzalez. January 17, 2018 10:11:07 a.m. R5 B HEIGHT LIMIT MEASUREMENT - REMOVAL OF LIMITS ON STORIES: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 3, “RESIDENTIAL MULTIFAMILY DISTRICTS,” SUBDIVISION II, “RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,” AT SECTION 142- 155, SUBDIVISION III, “RM-PRD MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT,” AT SECTION 142-185, SUBDIVISION IV, “RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,” AT SECTION 142-217, SUBDIVISION V. “RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,” AT SECTION 142-246, DIVISION 4. “CD-1 COMMERCIAL, LOW INTENSITY DISTRICT,” AT SECTION 142-276, DIVISION 5. “CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,” AT SECTION 142-306, DIVISION 6. “CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,” AT SECTION 142-337, DIVISION 7. “CCC CIVIC AND CONVENTION CENTER DISTRICT,” AT SECTION 142-365, DIVISION 11. “I-1 LIGHT INDUSTRIAL DISTRICT,” AT SECTION 142-486, DIVISION 12. “MR MARINE RECREATION DISTRICT,” AT SECTION 142-515, DIVISION 13. “MXE MIXED USE ENTERTAINMENT DISTRICT,” AT SECTION 142-545, DIVISION 14. “RO RESIDENTIAL/OFFICE DISTRICT,” AT SECTION 142-575, SUBDIVISION III, “RO-2 RESIDENTIAL/OFFICE LOW INTENSITY,” AT SECTION 142-589, SUBDIVISION IV, “RO-3 RESIDENTIAL/OFFICE MEDIUM INTENSITY,” AT SECTION 142-596, DIVISION 15. “TH TOWNHOME RESIDENTIAL DISTRICT,” AT SECTION 142-605, DIVISION 16, “WD-1 WATERWAY DISTRICT,” AT SECTION 142-635, DIVISION 17. “WD-2 WATERWAY DISTRICT,” AT SECTION 142-665, DIVISION 18, “PS PERFORMANCE STANDARD DISTRICT,” AT SECTIONS 142-696, 142-698, AND 142-701, DIVISION 19. “SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT,” AT SECTION 142-733, DIVISION 20, “TC NORTH BEACH TOWN CENTER DISTRICTS,” AT SECTION 142-737, ARTICLE III. “OVERLAY DISTRICTS,” DIVISION 9, “ALTON ROAD – HISTORIC DISTRICT BUFFER OVERLAY,” AT SECTION 142-864, DIVISION 11. “OCEAN TERRACE OVERLAY,” AT SECTION 142-870.1, TO MODIFY THE BUILDING HEIGHT REQUIREMENTS BY REMOVING LIMITS ON NUMBERS OF STORIES IN THESE ZONING DISTRICTS AND OVERLAY DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing First Reading on December 13, 2017 - R5 T Planning Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4158 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; Seconded by Commissioner Arriola. Ballot vote: 5-2. Against: Commissioners Rosen Gonzalez and Góngora. January 17, 2018 R5 A WASHER AND DRYER ENCROACHMENTS - RM-1 DISTRICT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE IV, “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 4, “SUPPLEMENTARY YARD REGULATIONS,” AT SECTION 142-1132, ENTITLED “ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS,” TO ALLOW ENCROACHMENTS BY WASHERS AND DRYERS IN SIDE YARD SETBACKS WITHIN THE RM-1 ZONING DISTRICT; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:00 a.m. Second Reading Public Hearing First Reading on December 13, 2017 - R5 S Planning Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2018- 4157 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Góngora. Ballot vote: 7-0. December 13, 2017 R5 O TATUM WATERWAY CONSERVATION DISTRICT DEMOLITION MORATORIUM – EXTENSION: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH JANUARY 31, 2018, FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; 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; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 5:09 p.m. Second Reading Public Hearing Planning First Reading PH on October 31, 2017 - R5 F Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4156 adopted. Motion made by Commissioner Arriola to adopt the Ordinance; seconded by Commissioner Góngora. Ballot vote: 6-0; Absent: Mayor Gelber. December 13, 2017 R5 N NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM - EXTENSION: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO EXTENDING THE MORATORIUM THROUGH JANUARY 31, 2018 FOR THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BRESTESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES WITHIN THE AFOREDESCRIBED AREAS; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, OCTOBER 31, 2017; 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; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 5:08 p.m. Second Reading Public Hearing Planning First Reading PH on October 31, 2017 - R5 E Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4155 adopted. Motion made by Commissioner Arriola to adopt the Ordinance; seconded by Commissioner Steinberg. Ballot vote: 6-0; Absent: Mayor Gelber. December 13, 2017 R5 D AMENDING APPENDIX A - FEE SCHEDULE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102, “TAXATION,” ARTICLE V, “LOCAL BUSINESS TAX” AT SECTION 102-379, “SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016” TO PROVIDE NEW BUSINESS TAX RECEIPT FOR SAID USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Office of the City Attorney First Reading on October 18, 2017 - R5 S Vice-Mayor John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4154 adopted. Motion made by Vice-Mayor Alemán to adopt the Ordinance; seconded by Commissioner Rosen Gonzalez. Ballot vote: 7-0. December 13, 2017 R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, "ENTITLED "BUILDING REGULATIONS," DIVISION 2, "PERMIT FEES," AT SECTIONS 14-61, 14-62 RELATING TO BUILDING PERMIT FEES GENERALLY; WAIVING FEES FOR PHOTOVOLTAIC BUILDING PERMIT FEES; AND MODIFYING THE FEE SCHEDULE CONTAINED IN APPENDIX A IN ORDER TO UPDATE CERTAIN BUILDING FEES AND TO PROVIDE A PERMIT FEE REDUCTION OF 40% FOR MINOR, IN-KIND, HURRICANE REPAIRS DUE TO HURRICANE IRMA, FOR A THREE MONTH PERIOD; PROVIDING FOR RETROACTIVE APPLICATION TO FIRST READING, REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing Building/Office of the City Attorney Deferred from October 18, 2017 - R5 G Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4153 adopted as amended. Motion made by Commissioner Arriola to adopt the Ordinance as amended; seconded by Vice-Mayor Alemán. Ballot vote: 7-0. October 31, 2017 R5 D AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESSES," BY AMENDING DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY," BY AMENDING SECTION 18-343, ENTITLED, "PENALTIES AND ENFORCEMENT; FINE SCHEDULE; RIGHT OF APPEAL"; BY MODIFYING THE FINE AMOUNTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 9:38 a.m. Second Reading Public Hearing Office of the City Attorney Commissioner Joy Malakoff ACTION: Ordinance 2017-4152 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Alemán; Ballot vote: 5-1; Opposed: Commissioner Steinberg. October 31, 2017 R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE/VIOLATIONS," TO AMEND THE HOURS OF PACKAGE SALES OF ALCOHOLIC BEVERAGES (WHICH INCLUDE SALES OF ALCOHOL FOR OFF-PREMISES CONSUMPTION) IN THE MXE MIXED USE ENTERTAINMENT DISTRICT, AND IN THE ADJOINING CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 9:37 a.m. Second Reading Public Hearing Office of the City Attorney Vice-Mayor Ricky Arriola and Co-Sponsored by Mayor Philip Levine ACTION: Ordinance 2017-4151 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Arriola to adopt the Ordinance; seconded by Commissioner Malakoff; Ballot vote: 6-0. October 31, 2017 R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, OF THE CITY CODE, BY AMENDING CHAPTER 54 "FLOODS" AT SECTIONS 54-39, ENTITLED "ESTABLISHMENT OF DEVELOPMENT PERMIT;" IN ORDER TO SPECIFICALLY ADOPT THE CITY'S STORMWATER MASTER PLAN, AS MAY BE AMENDED, AND TO REQUIRING 5/7 VOTE OF FULL CITY COMMISSION TO LESSEN ANY OF THE STORMWATER REQUIREMENTS CONTAINED IN CHAPTER 54; TO AMEND SECTION 54-45, "PERMIT PROCEDURES," TO CORRECT THE TITLE OF THE CITY'S STORMWATER MASTER PLAN; AND BY AMENDING SUBPART B - "LAND DEVELOPMENT REGULATIONS," BY AMENDING SECTION 114-1, ENTITLED "DEFINITIONS," IN ORDER TO CORRECT THE NAME OF THE CITY'S STORMWATER MASTER PLAN; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 9:35 a.m. Second Reading Public Hearing Public Works Commissioner John Elizabeth Alemán & Co-sponsored by Commissioner Joy Malakoff ACTION: Ordinance 2017-4150 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Alemán. Ballot vote: 5-1; Opposed: Commissioner Rosen Gonzalez. October 18, 2017 R5 N WORKFORCE HOUSING PARKING AND UNIT SIZE REQUIREMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, OF THE CITY CODE, BY AMENDING CHAPTER 58 “HOUSING,” BY CREATING ARTICLE VI, ENTITLED “WORKFORCE HOUSING;” SECTIONS 58-500 THROUGH 58-510; PROVIDING FOR DEFINITIONS AND INCENTIVES TO PROVIDE WORKFORCE HOUSING; ELIGIBILITY FOR TENANCY, ENFORCEMENT, AND PENALTIES; BY AMENDING CHAPTER 130, “OFF- STREET PARKING,” AT SECTION 130-32, “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1,” AND SECTION 130-33, “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7,” BY ESTABLISHING PARKING REQUIREMENTS FOR WORKFORCE HOUSING UNITS; BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” DIVISION 3, “RESIDENTIAL MULTIFAMILY DISTRICTS,” SUBDIVISION II, “RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,” SUBDIVISION IV, “RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,” SUBDIVISION V. “RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,” DIVISION 4, “CD-1 COMMERCIAL, LOW INTENSITY DISTRICT,” DIVISION 5, “CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,” DIVISION 6, “CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,” DIVISION 13, “MXE MIXED USE ENTERTAINMENT DISTRICT,” DIVISION 18, “PS PERFORMANCE STANDARD DISTRICT,” DIVISION 20, “TC NORTH BEACH TOWN CENTER DISTRICTS,” BY CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR WORKFORCE HOUSING UNITS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:04 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán and Co-Sponsored by Commissioner Joy Malakoff ACTION: Ordinance 2017-4149 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 5-0; Absent: Commissioners Grieco and Rosen Gonzalez. October 18, 2017 R5 M AFFORDABLE HOUSING UNIT SIZE AND PARKING REQUIREMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS; BY AMENDING CHAPTER 58, “HOUSING,” BY ESTABLISHING ARTICLE V, “HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS”; PROVIDING CODIFICATION; BY AMENDING CHAPTER 114, “GENERAL PROVISIONS,” AT SECTION 114-1, “DEFINITIONS,” TO ESTABLISH BY REFERENCE TO CHAPTER 58, “HOUSING” DEFINITIONS FOR NON- ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING CHAPTER 130, “OFF-STREET PARKING,” AT SECTION 130-32, “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1,” AND SECTION 130-33, “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7,” BY AMENDING THE PARKING REQUIREMENTS FOR LOW AND/OR MODERATE INCOME NON- ELDERLY AND ELDERLY PERSONS; BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” DIVISION 3, “RESIDENTIAL MULTIFAMILY DISTRICTS,” SUBDIVISION II, “RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,” SUBDIVISION IV, “RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,” SUBDIVISION V, “RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,” DIVISION 4, “CD-1 COMMERCIAL, LOW INTENSITY DISTRICT,” DIVISION 5, “CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,” DIVISION 6, “CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,” DIVISION 13, “MXE MIXED USE ENTERTAINMENT DISTRICT,” DIVISION 18, “PS PERFORMANCE STANDARD DISTRICT,” DIVISION 20, “TCNORTH BEACH TOWN CENTER DISTRICTS,” BY STRIKING ALL REFERENCE TO SECTION 142- 1183 ENTITLED "UNIT SIZE" AND CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING ARTICLE IV, “SUPPLEMENTARY DISTRICT REGULATIONS,” BY AMENDING DIVISION 6, “HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS,” BY STRIKING THIS DIVISION; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:03 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán & Co- Sponsored by Commissioner Joy Malakoff ACTION: Ordinance 2017-4148 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 5-0; Absent: Commissioners Grieco and Rosen Gonzalez. October 18, 2017 R5 L WORKFORCE AND AFFORDABLE HOUSING - COMPREHENSIVE PLAN AMENDMENTS: AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO ALLOW FOR INCREASED DENSITY WITHIN CERTAIN FUTURE LAND USE CATEGORIES FOR THE LIMITED PURPOSES OF PROVIDING AFFORDABLE HOUSING AND WORKFORCE HOUSING PURPOSES AND TO ALLOW FOR RESIDENTIAL USES IN THE "PARKING (P)" FUTURE LAND USE CATEGORY; AMENDING CHAPTER 3, ENTITLED "HOUSING ELEMENT," TO PROVIDE INCENTIVES FOR DEVELOPING WORKFORCE AND AFFORDABLE HOUSING; CLARIFY POLICIES RELATED TO WORKFORCE AND AFFORDABLE HOUSING; AMENDING CHAPTER 6, ENTITLED "CONSERVATION/ COASTAL ZONE MANAGEMENT ELEMENT," TO ALLOW FOR DENSITY INCREASES IN ORDER TO INCENTIVIZE WORKFORCE AND AFFORDABLE HOUSING PROJECTS/CONSTRUCTION; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:02 p.m. Second Reading Public Hearing Planning Commissioner John Elizabeth Alemán & Co-Sponsored by Commissioner Joy Malakoff ACTION: Ordinance 2017-4147 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 4-0; Absent: Mayor Levine and Commissioners Grieco and Rosen Gonzalez. October 18, 2017 R5 K HOSTEL, HOTEL, APARTMENT HOTEL, AND SUITE HOTEL REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 114, “GENERAL PROVISIONS,” SECTION 114-1, “DEFINITIONS,” TO MODIFY THE DEFINITION OF “APARTMENT HOTEL,” “HOSTEL,” “HOTEL,” AND ‘SUITE HOTEL”; BY AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” BY AMENDING ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” TO MODIFY MAIN, PERMITTED, AND PROHIBITED USES PERTAINING TO APARTMENT HOTEL, HOTEL, SUITE HOTEL, AND HOSTEL IN CERTAIN ZONING DISTRICTS; BY AMENDING ARTICLE IV, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” BY AMENDING DIVISION 3, ENTITLED “SUPPLEMENTARY USE REGULATIONS,” BY AMENDING SECTION 142-1105, ENTITLED“SUITE HOTELS,” BY CREATING CRITERIA, STANDARDS, ALLOWABLE AND PROHIBITED DISTRICTS AND OCCUPANT LIMITS FOR APARTMENT HOTELS, SUITE HOTELS, HOTELS AND HOSTELS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 5:01 p.m. Second Reading Public Hearing Planning Commissioner Joy Malakoff ACTION: Ordinance 2017-4146 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 5-0; Absent: Commissioners Grieco and Rosen Gonzalez. October 18, 2017 R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE IV - FEES, CHARGES, RATES AND BILLING PROCEDURE; DIVISION 1 - GENERALLY; SEC. 110-171 - RATE INDEXING; AND "APPENDIX A - FEE SCHEDULE" TO AMEND THE STORMWATER FEE SCHEDULE TO INCLUDE AN ADJUSTMENT FOR CONSUMER PRICE INDEX (CPI); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:45 a.m. Second Reading Public HearingPublic Works Vice-Mayor Ricky Arriola and Co-sponsored by Commissioner John Elizabeth Alemán ACTION: Ordinance 2017-4145 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Arriola; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Opposed: Commissioner Rosen Gonzalez. October 18, 2017 R5 IAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, "PERMIT," SECTION 82-383 THEREOF, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO ABATE SIDEWALK CAFE FEES FOR BUSINESSES LOCATED NORTH OF 63RD STREET, FROM THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2019; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing Public Works Vice- Mayor Ricky Arriola ACTION: Ordinance 2017-4144 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Steinberg; seconded by Vice-Mayor Arriola to adopt the Ordinance. Ballot vote: 6-0; Absent: Commissioner Grieco. October 18, 2017 R5 H AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY OF MIAMI BEACH CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES," BY AMENDING SECTION 2-408, ENTITLED "LIVING WAGE," BY INCREASING THE CURRENT LIVING WAGE RATE OF $11.62 PER HOUR WITH HEALTH CARE BENEFITS OF AT LEAST $1.69 PER HOUR, OR NO LESS THAN $13.31 PER HOUR WITHOUT HEALTH CARE BENEFITS, IN A "PHASE-IN" APPROACH COMMENCING ON JANUARY 1, 2018 AND ENDING ON DECEMBER 31, 2020 AS FOLLOWS: 1) A LIVING WAGE OF NO LESS THAN $11.62 PER HOUR WITH HEALTH CARE BENEFITS OF AT LEAST $2.26 PER HOUR, OR A LIVING WAGE RATE OF NO LESS THAN $13.88 PER HOUR WITHOUT HEALTH CARE BENEFITS, COMMENCING JANUARY 1, 2018, 2) A LIVING WAGE RATE OF NO LESS THAN $11.70 PER HOUR WITH HEALTH CARE BENEFITS OF AT LEAST $2.74 PER HOUR, OR A LIVING WAGE RATE OF NO LESS THAN $14.44 PER HOUR WITHOUT HEALTH CARE BENEFITS, COMMENCING ON JANUARY 1, 2019, AND 3) A LIVING WAGE RATE OF NO LESS THAN $11.78 PER HOUR WITH HEALTH CARE BENEFITS OF AT LEAST $3.22 PER HOUR, OR A LIVING WAGE RATE OF $15.00 PER HOUR WITHOUT HEALTH CARE BENEFITS, COMMENCING ON JANUARY 1, 2020 AND ENDING ON DECEMBER 31, 2020; BY REQUIRING THAT COMMENCING ON JANUARY 1, 2021, AND EACH YEAR THEREAFTER, ANY INCREASE TO THE SUPPLEMENTAL HEALTH CARE BENEFITS RATE, AS APPROVED BY COMMISSION, BE CALCULATED USING THE MIAMI CONSUMER PRICE INDEX EXCLUSIVELY FOR "MEDICAL CARE" FOR ALL URBAN CONSUMERS (CPI-U) IN THE MIAMI/FT. LAUDERDALE AREA; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:35 a.m. Second Reading Public Hearing Procurement. Vice-Mayor Ricky Arriola ACTION: Ordinance 2017-4143 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Arriola; seconded by Commissioner Steinberg to adopt the Ordinance. Ballot vote: 7-0. October 18, 2017 R5 FAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY," ARTICLE III, "USE OF PUBLIC PROPERTY," DIVISION 1, "GENERALLY," TO CREATE SECTION 82- 71, ENTITLED "CITY MUNICIPAL PARKING GARAGE ADVERTISING," TO AUTHORIZE THE INSTALLATION OF ADVERTISING SIGNS OR AN ADVERTISING SIGN PROGRAM IN CITY MUNICIPAL PARKING GARAGE FACILITIES, AND TO PROVIDE FOR EXCEPTIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing ACTION: Ordinance 2017-4142 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Vice-Mayor Arriola to adopt the Ordinance. Ballot vote: 5-2; Opposed: Commissioners Malakoff and Steinberg. October 18, 2017 R5 E 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 I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-2, ENTITLED "CLOSING PUBLIC PARKS, BEACHES, GOLF COURSES DURING CERTAIN HOURS," BY AMENDING THE CLOSING HOURS FOR PUBLIC BEACHES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Office of the City Attorney/Miami Beach Police Department Commissioner Kristen Rosen Gonzalez ACTION: Ordinance 2017-4141 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. October 18, 2017 R5 D AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ANIMALS," BY AMENDING SECTION 10-13, ENTITLED "REMOVAL OF ANIMAL DEFECATION," TO ALSO REQUIRE THE REMOVAL OF WASTE ASSOCIATED WITH ANIMAL FEEDING AND PROHIBITING THE USE OF POLYSTYRENE SERVING ITEMS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Office of the City Attorney/Code Compliance Commissioner John Elizabeth Alemán ACTION: Ordinance 2017-4140 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 7-0. October 18, 2017 R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ANIMALS," BY CREATING SECTION 10-19, TO BE ENTITLED "CRUELTY TO ANIMALS"; AND BY AMENDING SECTION 10-2, ENTITLED "FINES FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES; UNPAID FINES TO CONSTITUTE LIEN AND BASIS FOR REVOCATION OF CITY PARKING PERMITS/DECALS," TO CROSS- REFERENCE THE NEW PROVISIONS IN SECTION 10-19; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:10 am. Second Reading Public Hearing Office of the City Attorney Mayor Philip Levine ACTION: Ordinance 2017-4139 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Vice-Mayor Arriola to adopt the Ordinance. Ballot vote: 7-0. October 18, 2017 R5 A ALTERNATIVE PARKING REQUIREMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISION," BY AMENDING SECTION 114-1, "DEFINITIONS," AND CREATING SECTION 130-40 "ALTERNATIVE PARKING INCENTIVES" TO CREATE INCENTIVES AND ACTIONS THAT COULD REDUCE MINIMUM OFF STREET PARKING REQUIREMENTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 10:00 a.m. Second Reading Public Hearing Planning Commissioner Joy Malakoff ACTION: Ordinance 2017-4138 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-1; Opposed: Commissioner Rosen Gonzalez. September 13, 2017/September 25, 2017 September 25, 2017 R5 X ART DECO/MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL OVERLAY DISTRICT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED “GENERAL PROVISIONS,” TO PROVIDE FOR DEFINITIONS FOR “CHECK CASHING STORE,” “CONVENIENCE STORE,” “FORMULA RESTAURANT,” “FORMULA COMMERCIAL ESTABLISHMENTS,” “MARIJUANA DISPENSARY,” “CANNABIS DISPENSARY,” “OCCULT SCIENCE ESTABLISHMENT,” “PHARMACY,” “SOUVENIR AND T-SHIRT SHOP,” “TATTOO STUDIO,” “MASSAGE THERAPY CENTER,” AND RELATED DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” AT ARTICLE III, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12, ENTITLED “ART DECO / MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT,” TO PROVIDE ADDITIONAL REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. Continued from July 26, 2017 - R5 Q 5:14 p.m. Second Reading Public Hearing Planning Vice-Mayor Ricky Arriola ACTION: Ordinance 2017-4137 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to limit the number of formula retail establishments to 75 and five (5) in operation in Miami Beach; seconded by Commissioner Malakoff. Ballot vote: 6-1; Opposed: Commissioner Grieco. September 13, 2017/September 25, 2017 R5 W BELLE ISLE - LDR AMENDMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 118 OF THE CITY CODE, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, ENTITLED "NON-CONFORMANCES," BY AMENDING SECTION 118-395, ENTITLED "REPAIR AND/OR REHABILITATION OF NONCONFORMING BUILDINGS AND USES," TO ALLOW THE RE- CONSTRUCTION OF UP TO FIFTY PERCENT OF THE FLOOR AREA OF NON- CONFORMING BUILDINGS CONTAINING NON-CONFORMING HOTEL, USES LOCATED ON THE NORTH SIDE OF BELLE ISLE; PROVIDING FOR INCLUSION IN THE CITY CODE; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Continued from July 26, 2017 - R5 X 5:13 p.m. Second Reading Public Hearing Planning Vice-Mayor Ricky Arriola ACTION: Ordinance 2017-4136 adopted. Title of the Ordinance read into the record. Public Hearing held. Heard in conjunction with R5 V. Motion made by Commissioner Malakoff to approve the item; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine. September 13, 2017/September 25, 2017 R5 V BELLE ISLE - COMPREHENSIVE PLAN AMENDMENTS: AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," AT POLICY 1.2, "LOW DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM-1)," TO MODIFY THE ALLOWABLE USES TO ALLOW FOR NON-CONFORMING HOTEL USES IN NON-CONFORMING BUILDINGS ON THE NORTH SIDE OF BELLE ISLE; AND "OBJECTIVE 7: INCONSISTENT USES," AT POLICY 7.1, EXPANSION OR REPLACEMENT OF LAND USES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Continued from July 26, 2017 - R5 W 5:12 p.m. Second Reading Public Hearing Planning Vice-Mayor Ricky Arriola ACTION: Ordinance 2017-4135 adopted. Title of the Ordinance read into the record. Public Hearing held. Heard in conjunction with R5 W. Motion made by Commissioner Malakoff to approve the item; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine. September 13, 2017/September 25, 2017 R5 R AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM UNDER ORDINANCE 2017-4073, THROUGH DECEMBER 31, 2017, ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN SECTION 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR A CONTINUED EFFECTIVE DATE OF FEBRUARY 8, 2017 AND EXTENDING THE MORATORIUM THROUGH DECEMBER 31, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. 5:08 p.m. Second Reading Public Hearing First Reading PH on July 26, 2017 - R5 R Planning/Office of the City Attorney Commissioner John Elizabeth Alemán ACTION: Ordinance 2017-4134 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to approve the item; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine. September 13, 2017/September 25, 2017 R5 N MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORE - LAND USE REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED “GENERAL PROVISIONS,” TO DEFINE THE FOLLOWING DEFINITIONS: CANNABIS, MEDICAL CANNABIS TREATMENT CENTER, DISPENSING ORGANIZATION, PHARMACY STORE, AND TERMS RELATING TO MEDICAL CANNABIS, MEDICAL CANNABIS TREATMENT CENTERS, CONVENIENCE STORES, AND PHARMACY STORES; AMENDING CHAPTER 118, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE IX, ENTITLED “NONCONFORMANCES,” AT SECTION 118-393 TO ESTABLISH REFERENCES TO ADDITIONAL NONCONFORMING REGULATIONS WITHIN CHAPTER 142, DIVISION 10, FOR MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORES, IDENTIFYING PROHIBITED USES; AMENDING CHAPTER 130, ENTITLED “OFF-STREET PARKING,” ESTABLISHING MINIMUM PARKING REQUIREMENTS FOR “MEDICAL CANNABIS TREATMENT CENTERS” AND “PHARMACY STORES” AND PROHIBITING PARTICIPATION IN THE FEE IN LIEU OF PARKING PROGRAM; AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” BY CREATING DIVISION 10, ENTITLED “CANNABIS AND PHARMACY STORE REGULATIONS AND USE,” AND AMENDING SECTIONS 142-1501 TO 142-1505, RELATING TO APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING AREAS FOR THE USE, NONCONFORMING USE REGULATIONS RELATING TO THE USE, ZONING REQUIREMENTS RELATING TO THE USE, AND PROHIBITING CULTIVATION, PRODUCTION OR POSSESSION OF CANNABIS PLANTS; PROVIDING FOR PENALTIES, ENFORCEMENT AND APPEALS; AMENDING CHAPTER 102, “TAXATION,” ARTICLE V, “LOCAL BUSINESS TAX” AT SECTION 102- 379, “SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016” TO PROVIDE NEW BUSINESS TAX RECEIPT FOR SAID USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 5:04 p.m. Second Reading Public Hearing Planning Sponsored by Commissioner John Elizabeth Alemán ACTION: Ordinance 2017-4133 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the item; seconded by Commissioner Rosen Gonzalez. Ballot vote: 5-1; Absent: Mayor Levine. Opposed: Commissioner Malakoff. September 13, 2017/September 25, 2017 R5 M AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2-22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE THAT, WHENEVER A MAYOR'S BOARD OR COMMITTEE IS CREATED TO STUDY A DEFINED GEOGRAPHIC AREA OF THE CITY, THE MAYOR SHALL MAKE A REASONABLE EFFORT TO APPOINT AT LEAST ONE INDIVIDUAL WHO HAS RESIDED IN THE AREA TO BE STUDIED FOR A MINIMUM OF SIX (6) MONTHS, OR WHO DEMONSTRATES OWNERSHIP/INTEREST FOR A MINIMUM OF SIX (6) MONTHS IN A BUSINESS ESTABLISHED IN THE AREA FOR A MINIMUM OF SIX (6) MONTHS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 11:00 a.m. Second Reading Public Hearing Office of the City Attorney First Reading on July 26, 2017 - R5 Al Commissioner Kristen Rosen Gonzalez ACTION: Ordinance 2017-4132 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Arriola to approve the item; seconded by Commissioner Alemán. Ballot vote: 7-0. September 13, 2017/September 25, 2017 R5 L AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO CHANGE THE HOURS OF PACKAGE LIQUOR SALES AT RETAIL STORES (INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY OTHER RETAIL STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE ESTABLISHMENTS WITHIN THE CD-2, COMMERCIAL DISTRICT ON WASHINGTON AVENUE AND PENNSYLVANIA AVENUE, BETWEEN 5TH AND 15TH STREET; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:55 a.m. Second Reading Public Hearing Office of the City Attorney First Reading on July 26, 2017 - R5 AD Commissioner Micky Steinberg ACTION: Ordinance 2017-4131 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Arriola to approve the item; seconded by Commissioner Steinberg. Ballot vote: 7-0. September 13, 2017/September 25, 2017 R5 K LAND DEVELOPMENT AND PERMITTING FEES - RENEWABLE ENERGY AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 118-7 "FEES FOR THE ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS" AND "APPENDIX A - FEE SCHEDULE" TO WAIVE FEES CHARGED RELATED TO LAND USE BOARD APPROVAL OF SUSTAINABLE ROOFING SYSTEMS AND RENEWABLE ENERGY SYSTEMS; BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," BY AMENDING SECTION 114-1, "DEFINITIONS," TO PROVIDE A DEFINITION FOR "RENEWABLE ENERGY SYSTEMS"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:50 a.m. Second Reading Public Hearing Planning First Reading on July 26, 2017 - R5 AG Commissioner Kristen Rosen Gonzalez ACTION: Ordinance 2017-4130 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Rosen Gonzalez to approve the item; seconded by Commissioner Steinberg. Ballot vote: 7-0. September 13, 2017/September 25, 2017 R5 J WASHINGTON AVENUE OFFICE INCENTIVES - PARKING: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," AT SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7," TO AMEND THE REGULATIONS FOR PARKING DISTRICT NO. 7 TO MODIFY THE PARKING REQUIREMENTS FOR OFFICE USES ON PROPERTIES FRONTING WASHINGTON AVENUE BETWEEN 6TH STREET AND LINCOLN ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. First Reading on July 26, 2017 - R5 AF. 10:45 a.m. Second Reading Public Hearing Planning Commissioner Michael Grieco ACTION: Ordinance 2017-4129 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco to approve the item; seconded by Commissioner Steinberg. Ballot vote: 7-0. September 13, 2017/September 25, 2017 R5 I COLLINS AVENUE GU LOTS – CONCURRENCY EXEMPTION AND DEVELOPMENT WAIVER LDR AMENDMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 122, ENTITLED "CONCURRENCY MANAGEMENT," SECTION 122-5, ENTITLED "EXEMPTIONS FROM CONCURRENCY" TO ALLOW THE CITY COMMISSION TO WAIVE USES ON LOTS WITH A GU ZONING DESIGNATION FRONTING COLLINS AVENUE BETWEEN 79TH STREET AND 87TH STREET FROM CONCURRENCY REQUIREMENTS BY RESOLUTION; BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, ENTITLED "DISTRICT REGULATIONS", DIVISION 9, ENTITLED "GU GOVERNMENT USE DISTRICT," IN ORDER TO ALLOW THE CITY COMMISSION TO WAIVE DEVELOPMENT REGULATIONS FOR PRIVATE USES APPROVED BY THE CITY COMMISSION FOR A PERIOD OF 10 YEARS OR LESS ON GU LOTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. First Reading PH on July 26, 2017 - R5 AA 10:40 a.m. Second Reading Public Hearing Planning Vice-Mayor Ricky Arriola ACTION: Ordinance 2017-4128 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to adopt the Ordinance with the amendment limiting the scope to the West lots; seconded by Vice-Mayor Arriola. Ballot vote: 7-0. September 13, 2017/September 25, 2017 R5 H COLLINS AVENUE GU LOTS - COMPREHENSIVE PLAN AMENDMENT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, BY MODIFYING THE PUBLIC FACILITIES: GOVERNMENTAL USES (PF) CATEGORY IN ORDER TO ALLOW FOR COMMERCIAL USES AS MAIN PERMITTED USES; AND AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTIES LOCATED IN THE AREA BOUNDED BY COLLINS AVENUE ON THE EAST, 87TH STREET ON THE NORTH, COLLINS COURT ON THE WEST, AND 79TH STREET ON THE SOUTH FROM "LOW DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM-1)" TO "PUBLIC FACILITY: GOVERNMENTAL USES (PF);" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:35 a.m. Second Reading Public Hearing Planning First Reading PH on July 26, 2017 - R5 Z Vice-Mayor Ricky Arriola ACTION: Ordinance 2017-4127 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the item; seconded by Vice- Mayor Arriola. Ballot vote: 7-0. July 26, 2017 SUPPLEMENTAL MATERIAL 1: LETTER OF SUPPORT FROM AKOYA R5 Y RM-3 ACCESSORY USES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV "SUPPLEMENTARY DISTRICT REGULATIONS," TO MODIFY THE ACCESSORY USE REQUIREMENTS FOR APARTMENTS IN THE RM- 3 ZONING DISTRICT BY ALLOWING LIMITED ACCESSORY USES AT AN AMENITY LEVEL FOR BUILDING RESIDENTS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 5:06 p.m. Second Reading Public Hearing First Reading PH on June 7, 2017 - R5 P Planning Commissioner John Elizabeth Alemán ACTION: Ordinance 2017-4126 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to adopt the Ordinance; Seconded by Commissioner Malakoff. Ballot vote: 6-0. Absent: Mayor Levine. July 26, 2017 R5 V AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO PROHIBIT ANY FORM OF GAMBLING AND CASINO USES AS DELINEATED IN CHAPTERS 550 AND 551, FLORIDA STATUTES; PROVIDING FOR CERTAINEXEMPTIONS; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:01 p.m. Second Reading Public Hearing Planning First Reading PH on 5/12/2017 - R5 A Commissioner Joy Malakoff and Co-Sponsored by Vice-Mayor Ricky Arriola & Commissioner Michael Grieco ACTION: Ordinance 2017-4125 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to adopt the Ordinance; Seconded by Commissioner Grieco. Ballot vote: 5-0; Absent: Mayor Levine and Vice- Mayor Arriola. July 26, 2017 R5 P COMMERCIAL HEIGHT STANDARDS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," BY AMENDING SECTION 114-1, "DEFINITIONS," AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," BY AMENDING DIVISION 4, "CD-1, COMMERCIAL, LOW-INTENSITY DISTRICT," SECTION 142-276, "DEVELOPMENT REGULATIONS, AND DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT," SECTION 142-306, "DEVELOPMENT REGULATIONS," AND DIVISION 6, "CD-3, COMMERCIAL, HIGH-INTENSITY DISTRICT, "SECTION 142-336, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," AND DIVISION 13, "MXE, MIXED USE ENTERTAINMENT DISTRICT," SECTION 142-545, "DEVELOPMENT REGULATIONS," AND DIVISION 18, "PS, PERFORMANCE STANDARD DISTRICT," SECTION 142-698, "COMMERCIAL PERFORMANCE STANDARD AREA REQUIREMENTS," AND DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," SECTION 142- 737, "DEVELOPMENT REGULATIONS," TO MODIFY ALLOWABLE HEIGHTS FOR THE PURPOSE OF SEA-LEVEL RISE MITIGATION; AND BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," SECTION 142-1161, "HEIGHT REGULATION EXCEPTIONS," TO ALLOW FOR SOLAR PANELS, WIND TURBINE AND SUSTAINABLE ROOFING SYSTEMS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. 10:55 am. Second Reading Public Hearing First Reading on June 7, 2017 - R5 R Planning Commissioners John Elizabeth Alemán and Joy Malakoff ACTION: Ordinance 2017-4124 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Steinberg to adopt the Ordinance; Seconded by Commissioner Malakoff. Ballot vote: 7-0. July 26, 2017 R5 O SEA LEVEL RISE AND RESILIENCY REVIEW CRITERIA: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," AT ARTICLE III, "AMENDMENT PROCEDURE," ARTICLE IV, "CONDITIONAL USE PROCEDURE," ARTICLE VI, "DESIGN REVIEW PROCEDURES," ARTICLE VII, "DIVISION OF LAND/LOT SPLIT," ARTICLE VIII, "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," AND ARTICLE X, "HISTORIC PRESERVATION," TO PROVIDE REFERENCES TO SEA LEVEL RISE AND RESILIENCY REVIEW CRITERIA FOR CONSIDERATION BY LAND USE BOARDS WHEN DECIDING ISSUES WITHIN THEIR JURISDICTION; BY AMENDING CHAPTER 133, "SUSTAINABILITY AND RESILIENCY," TO ESTABLISH SEA LEVEL RISE AND RESILIENCY REVIEW CRITERIA; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:50 a.m. Second Reading Public Hearing First Reading on June 7, 2017 - R5 Q (Title changed / Returns as 1st Reading) Planning Commissioner John Elizabeth Alemán ACTION: Ordinance 2017-4123 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 7-0. July 26, 2017 R5 N MULTI-FAMILY RESIDENTIAL PARKING: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," DIVISION II, "DISTRICTS; REQUIREMENTS," AT SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," BY ELIMINATING THE PARKING REQUIREMENTS FOR APARTMENT BUILDINGS ON LOTS THAT ARE 65 FEET IN WIDTH OR LESS, AND BY REDUCING THE PARKING REQUIREMENTS FOR APARTMENT BUILDINGS ON LOTS WIDER THAN 65 FEET; AND BY AMENDING SECTION 130-38, "MECHANICAL AND ROBOTIC PARKING SYSTEMS," BY ESTABLISHING CONDITIONS UNDER WHICH MECHANICAL PARKING IN APARTMENT BUILDINGS AND SINGLE FAMILY HOMES MAY BE REVIEWED AND APPROVED BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD AS APPLICABLE; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:45 a.m. Second Reading Public Hearing First Reading on June 7, 2017 - R5 V Planning Commissioners John Elizabeth Alemán and Joy Malakoff ACTION: Ordinance 2017-4122 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-1. Opposed: Commissioner Rosen Gonzalez. July 26, 2017 R5 M RM-1 AND RM-2 DEVELOPMENT REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," AT SECTION 114-1, "DEFINITIONS," BY AMENDING THE DEFINITION FOR LOT COVERAGE; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," AT SECTION 142-55, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," BY ESTABLISHING MINIMUM AND MAXIMUM YARD ELEVATION, STORMWATER RETENTION, YARD SLOPE, RETAINING WALL, LOT COVERAGE, GROUND FLOOR REQUIREMENTS, LIMITATIONS ON LOT AGGREGATION, AND BY INCREASING THE BUILDING HEIGHT TO 55 FEET FOR PROPERTIES NOT LOCATED WITHIN AN HISTORIC DISTRICT; BY AMENDING SECTION 145-56, "SETBACK REQUIREMENTS," BY INCREASING THE PARKING, SUBTERRANEAN, PEDESTAL, AND TOWER SETBACK REQUIREMENTS; BY AMENDING SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY," AT SECTION 142-216, "DEVELOPMENT REGULATIONS," BY ESTABLISHING MINIMUM AND MAXIMUM YARD ELEVATION, STORMWATER RETENTION, YARD SLOPE, RETAINING WALL, AND GROUND FLOOR HEIGHT REQUIREMENTS; BY AMENDING SECTION 142-217, "AREA REQUIREMENTS," BY INCREASING THE BUILDING HEIGHT TO 65 FEET FOR PROPERTIES NOT LOCATED WITHIN AN HISTORIC DISTRICT, OR OTHERWISE MORE SPECIFICALLY DELINEATED WITHIN OTHER DEFINED DISTRICTS OR WITHIN HISTORIC DISTRICTS; AND BY AMENDING SECTION 145-218, "SETBACK REQUIREMENTS," BY INCREASING THE PARKING, SUBTERRANEAN, PEDESTAL, AND TOWER SETBACK REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing First Reading on June 7, 2017 - R5 U Planning Commissioners John Elizabeth Alemán and Joy Malakoff ACTION: Ordinance 2017-4121 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to adopt the Ordinance as amended; seconded by Commissioner Malakoff. Ballot vote: 7-0. July 26, 2017 R5 L FAENA DISTRICT OVERLAY - WORKS OF ART AMENDMENT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE III "OVERLAY DISTRICTS", DIVISION 10 "FAENA DISTRICT OVERLAY", TO ALLOW WORKS OF ART IN THE FAENA DISTRICT OVERLAY TO ENCROACH INTO THE REQUIRED YARDS SUBJECT TO COMPLIANCE WITH MINIMUM STANDARDS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:35 am. Second Reading Public Hearing First Reading on June 7, 2017 - R5 Z Planning Commissioner John Elizabeth Alemán ACTION: Ordinance 2017-4120 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Alemán. Ballot vote: 7-0. July 26, 2017 R5 K PARKING DISTRICT NO. 1:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE II "DISTRICTS; REQUIREMENTS", TO ALLOW OFF- STREET PARKING TO BE PROVIDED IN PARKING DISTRICT NO. 1 FOR USES THAT DO NOT HAVE REQUIRED PARKING; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:30 am. Second Reading Public Hearing First Reading on June 7, 2017 - R5 Y Planning Commissioner Joy Malakoff ACTION: Ordinance 2017-4119 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to adopt as amended to further limit the District; Seconded by Vice-Mayor Arriola to adopt the Ordinance. Ballot vote: 7-0. July 26, 2017 R5 J NONCONFORMING BUILDINGS - SUSTAINABILITY REQUIREMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES," TO CLARIFY AND UPDATE CERTAIN TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING STRUCTURE, AND TO ESTABLISH REVISED STANDARDS FOR NON-CONFORMING STRUCTURES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing First Reading on June 7, 2017 - R5 W Planning Commissioners John Elizabeth Alemán and Joy Malakoff ACTION: Ordinance 2017-4118 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 7-0. July 26, 2017 R5 IAN 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 IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 82-366 THEREOF, ENTITLED "DEFINITIONS," TO DEFINE THE TERM "SINGLE-USE CARRY OUT PLASTIC BAG"; BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82- 385 THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES" TO PROVIDE PROVISIONS RELATING TO SINGLE-USE CARRY OUT PLASTIC BAGS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading/Public HearingFirst Reading on June 7, 2017 – R7 AH Office of the City Attorney & Environment and Sustainability Department Commissioner Michael Grieco & Co-sponsored by Commissioner Kristen Rosen Gonzalez ACTION: Ordinance 2017-4117 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco to adopt the Ordinance. Ballot vote: 7-0. July 26, 2017 R5 H AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING THE CHAPTER TITLE AND BY DELETING OBSOLETE AND OUTDATED PROVISIONS AND BY AMENDING TERMINOLOGY IN ARTICLE I, ENTITLED "IN GENERAL," ARTICLE III, ENTITLED "PIERS, DOCKS AND BOAT RAMPS," ARTICLE IV, ENTITLED "VESSELS," ARTICLE V, ENTITLED "REGATTAS AND BOAT RACES," AND IN ARTICLE VI, ENTITLED "VESSELS ABANDONED ON PUBLIC AND PRIVATE PROPERTY"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing First Reading on June 7, 2017 - R5 AG Office of the City Attorney Commissioner John Elizabeth Alemán ACTION: Ordinance 2017-4116 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Vice-Mayor Arriola to adopt the Ordinance. Ballot vote: 7-0. July 26, 2017 SUPPLEMENTAL MATERIAL: VICE-MAYOR ARRIOLA’S PROPOSED AMENDMENTS R5 G RESIDENTS' RIGHT TO KNOW: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED "CITY COMMISSION," BY CREATING SECTION 2-14 TO BE ENTITLED "RESIDENTS' RIGHT TO KNOW," TO CODIFY THE LEGISLATIVE INTENT OF THIS ORDINANCE, DEFINE MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE, PROVIDE THAT THE CITY COMMISSION SHALL ADOPT A PROCESS FOR REGISTERING NEIGHBORHOOD ASSOCIATIONS AND INDIVIDUAL RESIDENTS WHO CHOOSE TO REGISTER, REQUIRE TARGETED ELECTRONIC NEIGHBORHOOD NOTICES FOR MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE, ALLOW FOR TIMELY OPPORTUNITIES FOR PUBLIC INPUT, SUPPLEMENT EXISTING PROVISIONS IN THE CITY CODE RELATING TO PROCEDURAL FAIRNESS IN QUASI-JUDICIAL HEARINGS, ALLOW A REGISTERED NEIGHBORHOOD ASSOCIATION OR INDIVIDUAL RESIDENT WHO CHOOSES TO REGISTER TO REQUEST DEFERRAL OR RECONSIDERATION OF A MATTER IF SUCH MATTER IS NOT DULY NOTICED PURSUANT TO THIS ORDINANCE, PROVIDE THAT ANY AMENDMENT OR REPEALER OF THIS ORDINANCE SHALL REQUIRE THE AFFIRMATIVE VOTE OF 5/7TH OF THE CITY COMMISSION, DIRECT THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO CONDUCT PERIODIC REVIEW AND PREPARE ANNUAL WRITTEN REPORTS, AND PROVIDE THAT THIS ORDINANCE SHALL BE ADMINISTERED BY THE OFFICE OF THE CITY MANAGER; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 10:10 am. Second Reading Public Hearing Office of the City Attorney First Reading on May 17, 2017 - R5 V Commissioner Kristen Rosen Gonzalez and Commissioner Michael Grieco ACTION: Ordinance 2017-4115 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Arriola; seconded by Commissioner Alemán to adopt the Ordinance as amended. See amendments below. Ballot vote: 7-0. July 26, 2017 R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-157, ENTITLED "EXEMPTIONS," WHICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT WOULD CONSTITUTE UNNECESSARY AND EXCESSIVE NOISE THAT IS PROHIBITED WITHIN SECTION 46-152; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing First Reading on June 7, 2017 - R5 T Office of the City Attorney Mayor Philip Levine ACTION: Ordinance 2017-4114 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Vice-Mayor Arriola to adopt the Ordinance as amended below. Ballot vote: 7-0. July 26, 2017 R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL"; BY CREATING A NEW SECTION 18-3, TO BE ENTITLED, "HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS," WHICH ESTABLISHES THE REQUIREMENT FOR THE PLACEMENT OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THOSE DESIGNATED ESTABLISHMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:00 a.m. Second Reading Public Hearing First Reading on June 7, 2017 - R5 S Office of the City Attorney Commissioners Micky Steinberg and John Elizabeth Alemán ACTION: Ordinance 2017-4113 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg to adopt the Ordinance. Ballot vote: 7-0. July 26, 2017 SUPPLEMENTAL MATERIAL 4: DECLARATIONS (HANDOUTS) JOHN BABCOCK, JOSE GONZALEZ & MARIA RUIZ R5 D AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," SECTION 142- 693, "PERMITTED USES," TO CLARIFY THAT ENTERTAINMENT IS NOT PERMITTED IN THE CITY'S PERFORMANCE STANDARD DISTRICTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 9:55 a.m. Second Reading Public Hearing First Reading PH on June 28, 2017 - R5 H Planning/Office of the City Attorney Commissioner Michael Grieco ACTION: Ordinance 2017-4112 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 7-0. July 26, 2017 R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 3 ENTITLED “LOBBYISTS,” SECTION 2-482 THEREOF ENTITLED “REGISTRATION; DISCLOSURES”, BY CONFORMING THIS CODE SECTION’S LOBBYIST REGISTRATION REQUIREMENT TO THE PROSCRIPTION SET FORTH IN CODE SECTION 2-491 PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 9:50 a.m. Second Reading Public Hearing First Reading on June 28, 2017 - R5 J Office of the City Attorney Commissioner Joy Malakoff ACTION: Ordinance 2017-4111 adopted. Title of the Ordinance read into the record. Public hearing held. Motion made by Commissioner Malakoff; seconded by Vice-Mayor Arriola. Ballot vote: 6-1; Opposed; Commissioner Alemán. See also discussion with item R9 AF. June 28, 2017 R5 IAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5 ENTITLED "CAMPAIGN FINANCE REFORM," BY ADDING THERETO SECTION 2- 491 ENTITLED "PROHIBITED LOBBYING BY CAMPAIGN CONSULTANTS, "PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 5:09 p.m. Second Reading Public Hearing First Reading on 6/7/2017 - R5 AJ Office of the City Attorney Commissioner Joy Malakoff & Co-sponsored by Vice-Mayor Rosen Gonzalez ACTION: Ordinance 2017-4110 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Arriola to adopt the Ordinance; seconded by Commissioner Malakoff. Ballot vote: 6-0; Absent: Commissioner Alemán. June 28, 2017 R5 BNORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM; AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017 FOR THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, FEBRUARY 8, 2017; 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; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 5:02 p.m. Second Reading Public Hearing First Reading PH on June 7, 2017 - R5 B Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4109 adopted. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Arriola: 6-0; Absent: Commissioner Alemán. June 28, 2017 R5 A NORTH BEACH TATUM WATERWAY CONSERVATION DISTRICT DEMOLITION MORATORIUM: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017, FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; 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; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 5:01 p.m. Second Reading Public Hearing First Reading PH on June 7, 2017 - R5 A Planning Department Commissioner Ricky Arriola ACTION: Ordinance 2017-4108 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 5-0; Absent: Commissioners Alemán and Grieco. June 7, 2017 R5 AF MODIFICATIONS TO THE WEST AVENUE BAY FRONT OVERLAY: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION 114- 1, "DEFINITIONS," TO DEFINE "HOSTEL" AND TO AMEND THE DEFINITION OF "RESTAURANT"; AND AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE III, "OVERLAY DISTRICTS," DIVISION 5, "WEST AVENUE BAY FRONT OVERLAY," SECTION 142-845, "SUITE HOTEL AND BED AND BREAKFAST INN OVERLAY," TO AMEND THE CRITERIA FOR SUITE HOTEL UNITS AND ACCESSORY DINING ROOMS, AND TO PROHIBIT HOSTELS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 5:06 p.m. Second Reading Public Hearing Planning First Reading PH on May 17, 2017 - R5 K Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4107 adopted as amended. Motion made by Commissioner Malakoff to approve the Ordinance as amended to include the modification to Section 114-1, which reads, “The transient resident occupancy of a hostel, within a residential zoning district, shall not exceed the following limits per individual unit…” seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Commissioner Grieco. June 7, 2017 R5 AEPACKAGE LIQUOR STORE DISTANCE SEPARATION: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES", ARTICLE I, "IN GENERAL", SECTION 6-4, "LOCATION AND USE RESTRICTIONS", TO AMEND AND INCREASE THE DISTANCE SEPARATION BETWEEN RETAIL STORES FOR OFF-PREMISES CONSUMPTION FROM 300 FEET TO 1500 FEET, AND TO AUTHORIZE THE PLANNING BOARD TO GRANT A CONDITIONAL USE PERMIT TO OPERATE A RETAIL STORE FOR OFF-PREMISES CONSUMPTION AT A LESSER DISTANCE, PROVIDED THAT IN NO EVENT SHALL SUCH A STORE OPERATE AT A DISTANCE LESS THAN 700 FEET FROM AN EXISTING STORE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:05 p.m. Second Reading Public Hearing First Reading PH on May 17, 2017 - R5 G Planning Commissioner Joy Malakoff and Co-Sponsored by Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4106 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. June 7, 2017 R5 AD AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES," AT ARTICLE V, "CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING SECTIONS 18-171 THROUGH 18-179, TO BE ENTITLED "RESERVED" DELETING ALL REFERENCE TO CARDROOMS IN CHAPTER 18; CHAPTER 102 "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX," AT SECTION 102-356 ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY REMOVING THE DEFINITION OF "CARDROOMS"; AND SECTION 102-379, ENTITLED "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;" PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:04 p.m. Second Reading Public Hearing First Reading on May 12, 2017 - R5 C Office of the City Attorney Commissioners Michael Grieco & Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4105 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. June 7, 2017 R5 AC AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICT REGULATIONS;" AMENDING ARTICLE 1, "IN GENERAL" TO BE ENTITLED "GENERAL TO ALL ZONING DISTRICTS;" AT SECTION 142-1 TO BE ENTITLED: "GAMBLING AND CASINOS USES ARE PROHIBITED IN THE CITY OF MIAMI BEACH;" PROHIBITING MAIN, CONDITIONAL AND ACCESSORY USES RELATING TO GAMBLING AND CASINOS; PROVIDING FOR EXEMPTIONS UNDER STATE LAW; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:03 p.m. Second Reading Public Hearing First Reading PH on May 12, 2017 - R5 B Planning Commissioner Joy Malakoff and Co-Sponsored by Commissioners Ricky Arriola & Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4104 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. June 7, 2017 R5 L AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106-55, ENTITLED "PARKING RATES, FEES, AND PENALTIES"; BY AMENDING METERED PARKING SPACE RENTALS FOR PRODUCTIONS AND FILM; ESTABLISHING A PRODUCTION COMPANY RECREATIONAL VEHICLES (PCRV) PARKING PERMIT PROGRAM AND RELATED FEES; PROVIDING FOR CREW PARKING AT MUNICIPAL PARKING GARAGES AND RELATED DAILY FEES; AND, PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing First Reading on May 17, 2017 - R5 U Parking Commissioner Michael Grieco & Co-Sponsored by Mayor Philip Levine ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4103 adopted. Motion made by Commissioner Grieco to adopt the Ordinance; seconded by Commissioner Alemán. Ballot vote: 7-0. June 7, 2017 R5 K SUSTAINABLE ROOFING: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," BY AMENDING SECTION 114-1, "DEFINITIONS," AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 1, "GENERALLY," SECTION 142-875, "ROOF REPLACEMENTS AND NEW ROOFS," PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND A N EFFECTIVE DATE. 10:30 am. Second Reading Public Hearing First Reading on May 17, 2017 - R5 S Planning Commissioners John Elizabeth Alemán and Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4102 adopted. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Alemán. Ballot vote: 7-0. June 7, 2017 R5 G ALCOHOLIC BEVERAGES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO PROHIBIT PACKAGE LIQUOR SALES BEFORE 8:00 A.M. EACH DAY AT RETAIL STORES (INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY OTHER RETAIL STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE ESTABLISHMENTS AND, AS APPLICABLE TO THE MXE MIXED USE ENTERTAINMENT DISTRICT, TO AUTHORIZE PACKAGE LIQUOR SALES AT SUCH ESTABLISHMENTS BETWEEN THE HOURS OF 10:00 A.M. AND 10:00 P.M. ONLY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing First Reading on May 17, 2017 - R5 R Office of the City Attorney Commissioners Joy Malakoff and Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4101 adopted. Motion made by Commissioner Arriola to adopt the Ordinance as- is; seconded by Commissioner Alemán. Ballot vote: 7-0. May 17, 2017 R5 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," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY, DIVISION 5, "SIDEWALK CAFES," SUBDIVISION I, "GENERALLY," SECTION 82370, "NOTICE OF VIOLATION," TO REMOVE THE 24- HOUR WARNING REQUIREMENT FOR NON-LIFE SAFETY VIOLATIONS, AND TO AMEND THE PROVISIONS RELATING TO NOTICES OF VIOLATION; AMENDING SECTION 82-371, "CIVIL FINES AND PENALTIES; DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS; ENHANCED PENALTIES," TO INCREASE PENALTIES FOR VIOLATIONS OF THE CITY'S SIDEWALK CAFE ORDINANCE AND TO PROVIDE FOR ENHANCED PENALTIES; AND AMENDING SECTIONS 82-372, "RIGHTS; PAYMENT OF FINE; RIGHT TO APPEAL; FAILURE TO PAY CIVIL FINE OR TO APPEAL," AND 82-373, "RECOVERY OF UNPAID FINES; UNPAID FINES TO CONSTITUTE A LIEN; FORECLOSURE," TO AMEND THE PROVISIONS RELATING TO ENFORCEMENT, PENALTIES, APPEALS, AND LIENS; AND AMENDING SUBDIVISION II, "PERMIT," SECTION 82-382, "APPLICATION," TO, PROVIDE THAT A PERMITTEE WHO HAS BEEN ISSUED MORE THAN FOUR VIOLATIONS PURSUANT TO THIS ARTICLE SHALL BE PROHIBITED FROM APPLYING FOR AND OBTAINING A SIDEWALK CAFE PERMIT FOR THE FOLLOWING TWO CONSECUTIVE PERMIT YEARS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 11:00 a.m. Second Reading Public Hearing First Reading on April 26, 2017 – R5 Y Office of the City Attorney/Code Compliance ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4100 adopted. Motion made by Commissioner Arriola; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 7-0. May 17, 2017 R5 LAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 42 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "EMERGENCY SERVICES," OF ARTICLE II, ENTITLED "ALARM SYSTEMS," BY AMENDING DIVISION 3, ENTITLED "BURGLAR ALARMS," BY CREATING SECTION 42-92, THEREOF TO BE ENTITLED "SECURITY CAMERA VOLUNTARY REGISTRATION PROGRAM," BY PROVIDING INCENTIVES TO PRIVATE PROPERTY OWNERS THAT INSTALL AND REGISTER SECURITY CAMERAS WITH THE CITY, AND FURTHER INCENTIVIZING THOSE PRIVATE PROPERTY OWNERS THAT DIRECTS A SECURITY CAMERA TOWARDS THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE 10:55 a.m. Second Reading Public Hearing Office of the City Attorney First Reading on April 26, 2017 - R5 X Commissioner Micky Steinberg ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4099 adopted. Motion made by Commissioner Steinberg; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. May 17, 2017 R5 J OCEAN TERRACE OVERLAY- BALCONY PROJECTIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," OF THE LAND DEVELOPMENT REGULATIONS, AT ARTICLE III "OVERLAY DISTRICTS", DIVISION 11 "OCEAN TERRACE OVERLAY," AT SECTION 142870.1, ENTITLED "COMPLIANCE WITH REGULATIONS," TO ALLOW EXTERIOR UNENCLOSED PRIVATE BALCONIES FOR BUILDINGS SITUATED ON PROPERTIES WITH AN UNDERLYING DESIGNATION OF MXE TO ENCROACH TEN (10) FEET INTO THE FRONT YARD SETBACK; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:45 am. Second Reading Public Hearing Planning First Reading on April 26, 2017 - R5 V Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4098 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. May 17, 2017 R5 I PARKING DISTRICT NO. 4 AMENDMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "OFF-STREET PARKING," ARTICLE II "DISTRICTS; REQUIREMENTS," TO ALLOW OFF-STREET PARKING TO BE PROVIDED IN PARKING DISTRICT NO. 4 FOR USES THAT DO NOT HAVE REQUIRED PARKING, WHICH ADDITIONAL PARKING SHALL NOT COUNT TOWARDS THE CALCULATION OF FLOOR AREA RATIO FOR A STRUCTURE WITH SUCH USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:40 am. Second Reading Public Hearing Planning First Reading on April 26, 2017 - R5 U Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4097 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. May 17, 2017 R5 H LINCOLN ROAD - INTERIOR AND EXTERIOR SPEAKER LOCATIONS: 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 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING SECTION 142-336 THEREOF, ENTITLED "LINCOLN ROAD REQUIREMENTS," TO CREATE REGULATIONS PERTAINING TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS FRONTING LINCOLN ROAD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:35 a.m. Second Reading Public Hearing Planning First Reading on April 26, 2017 - R5 T Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4096 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. May 17, 2017 R5 F LDR REZONING -6881 INDIAN CREEK DRIVE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL 6881 INDIAN CREEK DRIVE, FROM THE CURRENT ZONING CLASSIFICATION OF RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY", TO THE PROPOSED ZONING CLASSIFICATION OF TC-3, "NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE"; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Planning ACTION: Title of the Ordinance read into the record. Public Hearing held. See Action with Item R5 E. Ordinance 2017-4095 adopted. Motion made by Commissioner Arriola; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-1; Opposed: Commissioner Grieco. May 17, 2017 R5 E COMPREHENSIVE PLAN AMENDMENT 6881 INDIAN CREEK DRIVE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR THE PARCEL LOCATED AT 6881 INDIAN CREEK DRIVE, FROM THE CURRENT DESIGNATION OF RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY," TO THE PROPOSED DESIGNATION OF TC-3, "NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing Planning First Reading PH on April 26, 2017 - R5 K Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. See related Item R5 F. Ordinance 2017-4094 adopted. Motion made by Commissioner Arriola; seconded by Commissioner Malakoff to approve the Ordinance. Ballot vote: 6-1; Opposed: Commissioner Grieco. May 17, 2017 R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: CORRECTING SCRIVENER'S ERRORS TO THE PAY RANGES FOR THE CLASSIFICATIONS OF CITY MANAGER AND CITY ATTORNEY; AMENDING THE GRADES FOR THE FOLLOWING POSITIONS: ASSISTANT DIVISION DIRECTOR PROPERTY MANAGEMENT, CHIEF ACCOUNTANT, CHIEF FINANCIAL OFFICER, ENVIRONMENTAL RESOURCES MANAGER, EXECUTIVE OFFICE ASSOCIATE II, GRANTS AND OPERATIONS ADMINISTRATOR, INFORMATION TECHNOLOGY SPECIALIST II, PARALEGAL, PLANNER, AND PROCUREMENT CONTRACTING ANALYST; DELETING THE FOLLOWING CLASSIFICATIONS WHICH WILL BE ADDED TO THE CLASSIFIED EMPLOYEES SALARY ORDINANCE NO. 789 UNDER GROUP V REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF): CODE COMPLIANCE SUPERVISOR, FIRE INSPECTION SUPERVISOR, POLICE RECORDS SUPERVISOR, PROPERTY/EVIDENCE SUPERVISOR, PUBLIC SAFETY PAYROLL ADMINISTRATOR, SECURITY SPECIALIST, UTILITY BILLING SUPERVISOR, AND VICTIM'S ADVOCATE; DELETING THE FOLLOWING OBSOLETE CLASSIFICATIONS: CAPITAL IMPROVEMENTS ADMINISTRATIVE-FINANCE, CHIEF ACCESSIBILITY INSPECTOR, CODE COMPLIANCE DIVISION DIRECTOR, CULTURAL AFFAIRS AND TOURISM DEVELOPMENT DIRECTOR, CURATOR OF COLLECTIONS, CURATOR OF EDUCATION, DEPARTMENTAL ADA COORDINATOR, PART-TIME, DEPUTY BUILDING DIRECTOR, DEPUTY CITY MANAGER, ENTERTAINMENT INDUSTRY LIAISON, HOUSING COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION DIRECTOR, LABOR RELATIONS DIRECTOR, LABOR RELATIONS MANAGER, LOG CABIN EDUCATION COORDINATOR, LOG CABIN EMPLOYMENT SPECIALIST/JOB COORDINATOR, LOG CABIN INSTRUCTOR, LOG CABIN PROGRAM ADMINISTRATOR, MANAGEMENT AND BUDGET ANALYST I, MARKETING AND TOURISM MANAGER, NEIGHBORHOOD SERVICES DIRECTOR, PLANNING AND ZONING INSPECTOR, PROCUREMENT DIVISION DIRECTOR, PUBLIC SAFETY SPECIAL PROJECTS COORDINATOR, QUALITY ASSURANCE COORDINATOR, REGISTRAR, SERVICE DELIVERY MANAGER, AND STREETS/STORMWATER SUPERINTENDENT; DELETING A DUPLICATE CLASSIFICATION FOR CODE COMPLIANCE DIRECTOR; ADDING THE FOLLOWING CLASSIFICATIONS AND ASSIGNING GRADES THERETO: ASSISTANT DIRECTOR - PARKS AND RECREATION, ATHLETIC MANAGER, CHIEF FIRE PROTECTION ANALYST, CHIEF OF COMMUNITY PLANNING AND SUSTAINABILITY, CHIEF OF HISTORIC PRESERVATION, CHIEF OF PLANNING AND ZONING, CHIEF OF URBAN DESIGN, CLIENT SERVICES SPECIALIST, CONTROLLER, CUSTOMER SERVICES MANAGER, DEPUTY RESILIENCY OFFICER, DIVISION DIRECTOR RISK MANAGEMENT AND BENEFITS, ENGINEER, ENVIRONMENT AND SUSTAINABILITY DIRECTOR, FACILITIES ZONE MANAGER, GRANTS MANAGER, HOME/SHIP PROJECTS COORDINATOR, HOMELESS OUTREACH SPECIALIST, HUMAN RESOURCES RISK AND BENEFITS ANALYST, INCLUSIONARY AIDE, PARK RANGER SUPERVISOR, PARKS SUPERINTENDENT, POLICE INFORMATION RESOURCE SPECIALIST, PROCUREMENT CONTRACTING ANALYST II, PROCUREMENT CONTRACTING OFFICER II, PROCUREMENT CONTRACTING OFFICER III, PROCUREMENT COORDINATOR, PUBLIC RELATIONS MANAGER, RECORDS MANAGEMENT SPECIALIST, RECREATION PROGRAM ASSISTANT MANAGER, RECREATION PROGRAM MANAGER, SANITATION BUSINESS MANAGER, TENANT SERVICES COORDINATOR, TRANSPORTATION DEPUTY DIRECTOR, AND VISUAL COMMUNICATIONS MANAGER; AMENDING THE ABBREVIATION FOR "UNCLASSIFIED" FROM "UNC" TO "UNCL"; AMENDING AND READOPTING ALL CLASSIFICATIONS AND GRADES IN ALPHABETICAL ORDER; AND PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 9:55 a.m. Second Reading Public Hearing Human Resources First Reading on April 26, 2017 - R5 W Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4093 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 7-0. May 17, 2017 R5 A 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 IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82- 385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," TO REQUIRE MANAGERS AND SIDEWALK CAFE EMPLOYEES OF SIDEWALK CAFE PERMITTEES ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET TO SUCCESSFULLY COMPLETE A HOSPITALITY TRAINING PROGRAM THAT HAS BEEN PREVIOUSLY APPROVED BY RESOLUTION OF THE MAYOR AND CITY COMMISSION; AND AMENDING SECTION 82-382, ENTITLED "APPLICATION," TO REQUIRE APPLICANTS AND PERMITTEES FOR SIDEWALK CAFES ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET TO SUBMIT, ON AN ANNUAL BASIS, AN AFFIDAVIT OF SATISFACTORY COMPLETION OF THE HOSPITALITY TRAINING REQUIREMENT SET FORTH HEREIN; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 9:50 a.m. Second Reading Public Hearing Office of the City Attorney Continued from April 26, 2017 - R5 B Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4092 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. April 26, 2017 R5 O AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH RELATING TO THE PROCEDURES TO PROVIDE A VENDOR PREFERENCE IN THE AWARD OF CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES, TO SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS OR STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES, BY AMENDING CHAPTER 2, ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED, "CONTRACT PROCEDURES," BY AMENDING SECTION 2-374, ENTITLED, "PROCEDURE TO PROVIDE PREFERENCE TO VETERANS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES," BY CREATING A SUBSECTION 4 THEREOF, TO DELEGATE TO THE CITY MANAGER THE AUTHORITY TO WAIVE THE REQUIREMENTS OF SECTION 2-374 IF THE CITY MANAGER FINDS SUCH A WAIVER TO BE REQUIRED FOR FEDERAL, STATE OR MIAMI-DADE COUNTY FUNDING ELIGIBILITY PURPOSES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 2:10 p.m. Second Reading Public Hearing Procurement First Reading on March 22, 2017 - R5 C Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4091 adopted. Motion made by Commissioner Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 5-0; Absent: Mayor Levine and Commissioner Grieco. April 26, 2017 R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: ADDING THE FOLLOWING CLASSIFICATIONS TO GROUP VI BEING ALL OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT (COMMONLY REFERRED TO AS "OTHERS"): BUILDING CODE COMPLIANCE OFFICER, ENVIRONMENTAL TECHNICIAN, EXCELLENCE PROGRAM ASSESSOR, FIRE INSPECTOR I, FORESTRY FIELD INSPECTOR, PARK RANGER, QUARTERMASTER, RECREATION AIDE, SCHOOL LIAISON OFFICER, SEASONAL RECREATIONAL AIDE, SOUND ENGINEER, STOREKEEPER III, STORMWATER OPERATOR A, STORMWATER OPERATOR B, STORMWATER OPERATOR C, STORMWATER OPERATOR D, TRADESWORKER II (FACILITIES MAINTENANCE TRADESPERSON), TRADESWORKER I (FACILITIES MAINTENANCE WORKER) TRAFFIC CONGESTION FIELD SPECIALIST, WASTE WATER COLLECTION OPERATOR A, WASTE WATER COLLECTION OPERATOR C, WASTE WATER COLLECTION OPERATOR D, WASTEWATER COLLECTION SYSTEM OPERATOR B, WATER DISTRIBUTION SYSTEM OPERATOR A, WATER DISTRIBUTION SYSTEM OPERATOR B, WATER DISTRIBUTION SYSTEM OPERATOR C, WATER DISTRIBUTION SYSTEM OPERATOR D, WATER METER TECHNICIAN A, WATER METER TECHNICIAN B, AND WATER METER TECHNICIAN C; DELETING THE FOLLOWING CLASSIFICATIONS: ARTS, CULTURAL & ENTERTAINMENT DIRECTOR, AND COMMUNITY/ECONOMIC DEVELOPMENT DIRECTOR; DELETING A DUPLICATE CLASSIFICATION FOR A SEASONAL POOL GUARD; AMENDING AND READOPTING ALL CLASSIFICATIONS AND GRADES IN. ALPHABETICAL ORDER; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:45 a.m. Second Reading Public Hearing Human Resources First Reading on March 1, 2017 - R5 Z Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4090 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. Michael Smith to handle. April 26, 2017 R5 I IN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, BY ADDING THE FOLLOWING CLASSIFICATIONS TO GROUP V REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF): CODE COMPLIANCE SUPERVISOR, COMMUNICATIONS SUPERVISOR, PROPERTY/EVIDENCE SUPERVISOR, PUBLIC SAFETY PAYROLL ADMINISTRATOR, SECURITY SPECIALIST, AND UTILITY BILLING SUPERVISOR, ALL OF WHICH WERE PREVIOUSLY CLASSIFIED AS UNCLASSIFIED EMPLOYEES IN ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES ORDINANCE; AMENDING AND READOPTING ALL CLASSIFICATIONS AND GRADES IN ALPHABETICAL ORDER; RENUMBERING ALL SALARY GRADES; DELETING THE CLASSIFICATION OF WATER SERVICE REPRESENTATIVE; AND; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing Human Resources First Reading on March 1, 2017 - R5 Y Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4089 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. Michael Smith to handle. April 26, 2017 R5 H BUILDING PERMIT REPRIEVE PROGRAM: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," AT ARTICLE 11, "CONSTRUCTION STANDARDS," TO CREATE DIVISION 3, ENTITLED "BUILDING PERMIT REPRIEVE PROGRAM"; CREATING SECTIONS 14-85 THROUGH 14-87, TO PROVIDE FOR A ONE-YEAR REPRIEVE PROGRAM FOR OWNERS OF SINGLE FAMILY RESIDENTIAL, MULTIFAMILY RESIDENTIAL, MIXED USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT(S), OR HAVE EXPIRED PERMITS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET PROVISION. 10:35 a.m. Second Reading Public Hearing Office of the City Attorney/Building First Reading on March 1, 2017 - R5 V Commissioner Micky Steinberg ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4088 adopted. Motion made by Commissioner Steinberg; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine Mariano Fernandez to handle. April 26, 2017 R5 G AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS," SECTION 38-7 THEREOF ENTITLED "PETITIONS," CONFIRMING CONDITIONS FOR/DISQUALIFICATION OF PETITION SIGNATURES, AND DELETING CITY'S "CIRCULATOR STATEMENT"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 10:30 a.m. Second Heading Public Hearing First Reading on March 1, 2017 - R5 U Office of the City Attorney/Office of the City Clerk Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4087 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Steinberg to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. Office of the City Attorney and Rafael E. Granado to handle. April 26, 2017 R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 13, ENTITLED "PARKS AND RECREATIONAL FACILITIES BOARD," BY AMENDING SECTION 2171(C), ENTITLED "COMPOSITION" TO REDUCE THE NUMBER OF VOTING MEMBERS FROM 13 TO 9; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Parks and Recreation First Reading on March 1, 2017 - R5 T Commissioners John Elizabeth Alemán, Joy Malakoff & Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4086 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. John Rebar to handle. April 26, 2017 R5 E OCEAN DRIVE - EXTERIOR SPEAKER LOCATIONS: 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 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-546 THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE," TO CREATE REGULATIONS PERTAINING TO EXTERIOR SPEAKERS ON LOTS FRONTING OCEAN DRIVE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Planning First Reading on March 1, 2017 - R5 S Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4085 adopted. Motion made by Commissioner Arriola; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine Thomas Mooney and Hernan Cardeno to handle. April 26, 2017 R5 D LIQUOR STORE EXTERIOR APPEARANCE — MINIMUM DESIGN STANDARDS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 3, "SUPPLEMENTARY USE REGULATIONS," BY CREATING SECTION 1421112, "PACKAGE LIQUOR STORE DESIGN STANDARDS"; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Planning First Reading on March 1, 2017 - R5 R Commissioner Joy Malakoff & Co-sponsored by Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4084 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine Thomas Mooney to handle. April 26, 2017 R5 C REHEARING AND APPEAL PROCEDURES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 118-9, ENTITLED "APPEAL AND REHEARING PROCEDURES"; IN ORDER TO REMOVE ANY CONFLICTS WITH ARTICLE I, SECTION 2 OF THE RELATED SPECIAL ACTS BY STRIKING CONFLICTING LANGUAGE FROM THE LAND DEVELOPMENT CODE AUTHORIZING ADMINISTRATIVE APPEALS BEFORE ANY BOARDS OTHER THAN THE BOARD OF ADJUSTMENT; AND CLARIFYING THE STANDARD OF REVIEW OF ADMINISTRATIVE APPEALS; AMENDING SECTIONS 118-395, 118-397, 118- 563, 118-609, 142-108 AND 142875 TO ENSURE ALL ADMINISTRATIVE APPEALS ARE BEFORE THE BOARD OF ADJUSTMENT; DEFINING THE STANDARD FOR REVIEW OF AN ADMINISTRATIVE APPEAL; CLARIFYING THAT AN ADMINISTRATIVE APPEAL IS OF THE PLANNING DIRECTOR, OR HIS DESIGNEE; AND PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing First Reading on March 1, 2017 - R5 Q Planning/Office of the City Attorney Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4083 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine March 1, 2017 R5 L 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 IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFÉS," BY AMENDING SUBDIVISION II, ENTITLED PERMIT," BY AMENDING SECTION 82-381, ENTITLED "PERMITTED AREAS; CONDITIONAL PERMIT; CITY MANAGER'S RIGHT TO REMOVE SIDEWALK CAFÉS," BY AMENDING THE REQUIREMENTS FOR THE SEPARATE ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND TAXES ON CUSTOMERS' BILLS AND RECEIPTS; BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," BY AMENDING THE APPLICATION REQUIREMENTS TO INCLUDE AN AFFIDAVIT STATEMENT OF COMPLIANCE WITH THE ITEMIZATION AND DISCLOSURE REQUIREMENTS REGARDING GRATUITIES, SERVICE CHARGES, AND TAXES; BY AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFÉS," BY AMENDING THE CONDITIONS FOR THE OPERATION OF SIDEWALK CAFÉS TO INCLUDE THE ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND TAXES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading on February 8, 2017 -R5 P 10:50 a.m. Second Reading Public Hearing Office of the City Attorney Commissioner Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4082 adopted. Motion made by Commissioner Grieco to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 6-0; Absent: Mayor Levine. March 1, 2017 R5 K AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 32, ENTITLED "LGBT ADVISORY COMMITTEE," TO CHANGE THE NAME OF THE COMMITTEE TO THE "LGBTQ ADVISORY COMMITTEE," DELETING OUTDATED LANGUAGE REGARDING THE COMMITTEE'S INITIAL COMPOSITION, AND CORRECTING SCRIVENER'S ERRORS TO PROVIDE CONSISTENCY IN CAPITALIZATION THROUGHOUT DIVISION 32; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:45 a.m. Second Reading Public Hearing Office of the City Attorney First Reading on February 8, 2017 - R5 O Commissioners John Elizabeth Alemán and Joy Malakoff Co-sponsored by Commissioner Micky Steinberg ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4081 adopted. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine. March 1, 2017 R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS": SECTION 38-3 REGARDING NOTICE OF RESOLUTION, CALLING ELECTIONS AND POLLING PLACES; SECTION 38-4 CLARIFYING APPLICABILITY OF CODE PROVISIONS GOVERNING INSTALLATION OF OFFICERS TO SPECIAL ELECTIONS AS WELL AS GENERAL ELECTIONS; AND CREATING SECTION 38-8 "CANVASSING BOARD"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading on February 8, 2017 - R5 N 10:40 a.m. Second Reading Public Hearing Office of the City Attorney/Office of the City Clerk Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4080 adopted. Motion made by Commissioner Alemán to adopt the Ordinance; seconded by Commissioner Steinberg. Ballot vote: 6-0; Absent: Mayor Levine. March 1, 2017 R5 I OCEAN DRIVE ACCESSORY RETAIL MODIFICATIONS: 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 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-546 THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE," TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE, AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142-904 THEREOF, ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT REGULATIONS" TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVISION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:35 a.m. Second Reading Public Hearing Planning First Reading PH on February 8, 2017 - R5 K Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4079 adopted. Motion made by Commissioner Arriola to adopt the Ordinance; seconded by Commissioner Grieco. Ballot vote: 6-0; Absent: Mayor Levine. March 1, 2017 R5 H LINCOLN ROAD PROHIBITED USE AMENDMENT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR "CHECK CASHING STORE," "CONVENIENCE STORE," "OCCULT SCIENCE ESTABLISHMENT," "PHARMACY STORES," "SOUVENIR AND T-SHIRT SHOP," "TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-335, "PROHIBITED USES"; TO CREATE CERTAIN PROHIBITED USES ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:30 a.m. Second Reading Public Hearing Planning First Reading PH on February 8, 2017 - R5 J Commissioner Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4078 adopted. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine. March 1, 2017 R5 G SHORT TERM RENTALS IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "ACCESSORY USES"; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-1111(b)(3), ENTITLED "ELIGIBILITY WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT," BY MODIFYING THE USE LIMITATIONS WITHIN A BUILDING BASED UPON OWNERSHIP; BY AMENDING SECTION 142-1111(b)(4), ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES," BY ESTABLISHING A NEW TIME PERIOD FOR OWNERS OF PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT TO APPLY FOR APPROVAL OF A CERTIFICATE OF USE THAT PERMITS SHORT-TERM RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL UNITS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Planning First Reading PH on February 8, 2017 - R5 I Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4077 adopted. Motion made by Commissioner Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 5-0; Absent: Mayor Levine. Abstained: Commissioner Steinberg. March 1, 2017 R5 F DISCONTINUANCE OF NONCONFORMING USES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE IX., "NONCONFORMANCES," TO ADD SECTION 118-390 "PURPOSE/APPLICABILITY," AND AMEND SECTION 118-394, "DISCONTINUANCE OF NONCONFORMING USES" TO DEFINE THE PROCESS FOR RETAINING LEGAL NON-CONFORMING USES AND ESTABLISH GUIDELINES FOR DETERMINING WHETHER THERE HAS BEEN AN INTENTIONAL AND VOLUNTARY ABANDONMENT OF A NONCONFORMING USE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Planning First Reading PH on February 8, 2017 - R5 H Commissioner Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4076 adopted. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine. R5 C NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM FOR THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, FEBRUARY 8, 2017; 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; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 10:10 a.m. Second Reading Public Hearing Planning/Office of the City Attorney First Reading PH on February 8, 2017 - R5 G Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4075 adopted. Motion made by Commissioner Steinberg to adopt the Ordinance; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine. March 1, 2017 R5 B COMPREHENSIVE PLAN – TRANSIT MASTER PLAN AND CONCURRENCY: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY OBJECTIVE 1, ENT IT LED “LAND DEVELOPMENT REGULAT IONS,” TO ALLOW “T RANSI T INTERMODAL FACILIT IES” AS A PERMIT T ED USE W ITH IN T HE FOLLOW ING LAND USE CAT EGORIES: P LOW INTENSITY COMMERCIAL CATEGORY (CD-1), MEDIUM INTENSITY COMMERCIAL CATEGORY (CD-2), HIGH INTENSITY COMMERCIAL CATEGORY (CD-3) PUBLIC FACILITY HOSPITAL - PF (PF-HD), PUBLIC FACILITY: GOVERNMENTAL USES (PF), PARKING (P), GENERAL MIXED USE COMMERCIAL “PERFOR MANCE ST ANDARD” CAT EGORY (CPS -2), TOWN CENTER CORE CATEGORY (TC-1), AND TOWN CENTER COMMERCIAL CATEGORY (TC-2); AMENDING THE FUTURE LAND USE MAP TO MODIFY THE DESIGNATION “RECREATION OPEN SPACE” (ROS) ALONG THE JULIA TUTTLE TO “PUBLIC FACILITY” (PF); AMENDING THE PARKING (P) LAND USE CATEGORY TO ALLOW THOSE USES PERMITTED IN SURROUNDING LAND USE CATEGORIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES WHEN ASSOCIATED WITH A TRANSIT INTERMODAL FACILITY OR PARKING FACILITY; AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND RELATED POLICIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTITLED “LEVEL OF SERVICE,” TO REFLECT THE CITY’S ADOPTED MODE OF TRANSPORTATION HIERARCHY; OBJECTIVE 2, ENTITLED “COORDINATION WITH LAND USE,” TO DETAIL THE NEEDS FOR TRANSIT INTERMODAL FACILITIES; OBJECTIVE 3, ENTITLED “ROADWAY PLANNING, DESIGN AND CONSTRUCTION,” TO INCORPORATE ADDITIONAL MULTIMODAL TRANSPORTATION OPTIONS; OBJECTIVE 4, ENTITLED “MASS TRANSIT,” TO ENCOURAGE MASS TRANSIT OPTIONS THROUGH THE 2015 TRANSPORTATION MASTER PLAN; OBJECTIVE 5A, ENTITLED “TRANSIT MODE” TO DETAIL OPTIONS FOR TRANSPORTATION INFRASTRUCTURE; OBJECTIVE 6, ENTITLED “MULTI-MODAL TRANSPORTATION AND MOBILITY OPTIONS,” TO CLARIFY STRATEGIES TO IMPLEMENT MULTI-MODAL TRANSPORTATION OPTIONS; OBJECTIVE 7, ENTITLED “ENHANCE, PROTECT, AND PRESERVE THE CITY’S NEIGHBORHOODS,” TO CLARIFY COORDINATING AGENCIES AND STRATEGIES; OBJECTIVE 8, ENTITLED “PARKING,” TO ENCOURAGE SMART PARKING SYSTEMS; OBJECTIVE 10, ENTITLED “TRANSPORTATION COORDINATION WITH OTHER JURISDICTIONS,” TO REQUIRE COORDINATION RELATING TO “TRANSIT INTERMODAL FACILITIES;” THE GLOSSARY OF TERMS TO INCLUDE THE TERM “TRANSIT INTERMODAL FACILITY” AND RELATED DEFINITIONS; AMENDING AND UPDATING THE POLICIES WITHIN THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCLUDE COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing Planning First Reading PH on February 8, 2017 - R5 F Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4074 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. March 1, 2017 R5 A TEMPORARY MORATORIUM ON ACLF & RELATED FACILITIES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR 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 SECTION 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. 10:00 a.m. Second Reading Public Hearing Planning and City Attorney First Reading PH on February 8, 2017 - R5 B Commissioner John Alemán & Co-Sponsored by Commissioner Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4073 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Grieco to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. February 8, 2017 R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE IV, ENTITLED "VESSELS," BY CREATING SECTION 66-155 THEREOF TO BE ENTITLED "PROHIBITION OF ADVERTISING SIGNS ON VESSELS," WHICH PROHIBITS THE OPERATION OF AN ADVERTISING VESSEL UPON THE TERRITORIAL JURISDICTIONAL WATERS OF THE CITY; BY ESTABLISHING PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Office of the City Attorney First Reading on January 11, 2017 - R5 I Commissioner Michael Grieco ACTION: Title of the Ordinance read into the record. Public hearing held. Ordinance 2017-4072 adopted. Motion made by Commissioner Grieco; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. February 8, 2017 R5 D DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, JANUARY 11, 2017; 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; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. 10:15 a.m. Second Reading Public Hearing Planning/Office of the City Attorney First Reading on January 11, 2017 - R5 A Commissioner Ricky Arriola & Co-Sponsored by Vice-Mayor Joy Malakoff ACTION: Title of the Ordinance read into the record. Public hearing held. Ordinance 2017- 4071 adopted. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 7-0. February 8, 2017 R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY", AT DIVISION V, ENTITLED "SIDEWALK CAFES," AT SECTION 82-383, RELATING TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK CAFE PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE IS ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A CPI INCREASE OF FIVE (5) PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing Public Works First Reading on January 25, 2017 - R5 B Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public hearing held. Ordinance 2017-4070 adopted. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 6-1; Opposed: Commissioner Grieco. January 11, 2017 R5 F 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 IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK CAFE STANDARDS AND CONDITIONS OF OPERATION FOR BUSINESSES LOCATED ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4069 adopted. Motion made by Commissioner Arriola; seconded by Commissioner Alemán. Ballot vote: 7-0. January 11, 2017 R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING THE TITLE OF ARTICLE VI ENTITLED "EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS," TO ADD THE WORDS "FOR FOOD SERVICE ARTICLES," AND CREATING ARTICLE VII, TO BE ENTITLED "EXPANDED POLYSTYRENE RESTRICTIONS FOR FLOATING DOCKS, FLOATING PLATFORMS, AND BUOYS," TO PROVIDE REGULATIONS THEREFORE, AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Environment and Sustainability Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4068 adopted as amended. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg. Ballot vote: 7-0. January 11, 2017 R5 B 17TH STREET SOUTH ALCOHOLIC BEVERAGE ESTABLISHMENT 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," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-332, "MAIN PERMITTED USES"; TO AMEND THE OPERATION, LOCATION, AND USE RESTRICTIONS FOR ENTERTAINMENT, DANCE HALL AND ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH STREET, BETWEEN LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH A LOT LINE ADJOINING LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing Planning Vice-Mayor Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017- 4067 adopted as amended. See motions below. December 14, 2016 11:04:16 a.m. R5 G AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS," BY ADDING THE FOLLOWING CITY CODE SECTIONS 38-9 "ELECTRONIC REPORTING/PENALTIES," 38-10 "ELECTRONIC POSTING," AND 38-11 "TECHNICAL ASSISTANCE," TO PROVIDE FOR ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS AS AUTHORIZED PER FLORIDA ELECTION CODE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:30 a.m. Second Reading Public Hearing Office of the City Clerk First Reading on October 19, 2016 - R5 AA Commissioner Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016- 4066 adopted as amended. Motion made by Commissioner Steinberg; seconded by Commissioner Grieco. Ballot vote: 7-0. December 14, 2016 11:29:08 a.m. R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE," TO CHAPTER 98 OF THE MIAMI BEACH CITY CODE, ENTITLED "STREETS AND SIDEWALKS," AMENDING ARTICLE III, ENTITLED "EXCAVATIONS," AMENDING DIVISION 2, ENTITLED "PERMIT," AMENDING SECTION 98-92, ENTITLED "APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE SURFACE; PERMIT FEE," BY AMENDING THE FEES AND HOURS REGARDING PERMITS FOR BLOCKING OF RIGHT-OF-WAY FOR MAJOR THOROUGHFARES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Transportation First Reading on November 9, 2016 - R5 O Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016- 4065 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Ballot vote: 6-1; Opposed: Commissioner Rosen Gonzalez. December 14, 2016 11:26:39 a.m. R5 E 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 III, ENTITLED "USE OF PUBLIC PROPERTY," BY AMENDING DIVISION 2, ENTITLED "REVOCABLE PERMIT;" BY CREATING SECTION 82-96 THEREOF TO BE ENTITLED "COMMERCIAL OUTDOOR FEE BASED ACTIVITY PERMIT, BY ESTABLISHING SUBSECTIONS THAT ARE ENTITLED "COMMERCIAL OUTDOOR FEE BASED ACTIVITY," "PERMIT APPLICATION; SUBMITTAL AND QUALIFICATIONS," "CRITERIA FOR APPLICATION REVIEW; APPROVAL OR DENIAL," "PERMIT APPLICATION; ISSUANCE," "PERMIT; REQUIRED," "GENERAL PROVISIONS," "PERMIT FEES AND OTHER CHARGES," "SUSPENSION/REVOCATION; PERMITTEE CANCELATION," "PENALTIES AND ENFORCEMENT;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Parks and Recreation First Reading on November 9, 2016 - R5 N Commissioner Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016- 4064 adopted. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Grieco. Ballot vote: 7-0. John Rebar to handle. December 14, 2016 11:05:42 a.m. R5 D OFF-STREET PARKING REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," BY AMENDING AND CLARIFYING STANDARDS AND PROCEDURES FOR OFF-STREET PARKING REQUIREMENTS, AND PROVIDING THAT NO FEE IN LIEU OF PARKING SHALL BE REQUIRED TO REMOVE EXISTING PARKING SPACES IN A HISTORIC DISTRICT, IF A REDUCTION IN THE INTENSITY OF USES RESULTS IN A SURPLUS OF PARKING SPACES; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Planning First Reading on November 9, 2016 - R5 M Commissioner Michael Grieco ACTION: Public Hearing held. Ordinance 2016-4063 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola. Ballot vote: 5-2; Opposed: Commissioners Rosen Gonzalez and Steinberg. December 14, 2016 10:13:56 a.m. SUPPLEMENTAL MATERIAL 2: REVISED ORDINANCE R5 C 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, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing Office of the City Attorney Continued from November 9, 2016 - R5 G Sponsored by Vice-Mayor Joy Malakoff & Commissioner John Elizabeth Alemán & Co-Sponsored by Commissioner Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016- 4062 adopted as amended. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Grieco. Ballot vote: 6-0; Absent: Commissioner Alemán. November 9, 2016 R5 L COLLINS PARK ARTS DISTRICT OVERLAY: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE III, "OVERLAY DISTRICTS," DIVISION 7, "CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY (CANDO)," BY RENAMING THE DISTRICT AS THE "COLLINS PARK ARTS DISTRICT OVERLAY," REDUCING THE BOUNDARIES OF THE OVERLAY DISTRICT, PERMITTING OUTDOOR ENTERTAINMENT ESTABLISHMENTS AS A MAIN PERMITTED USE WITHIN AREAS WITH AN UNDERLYING CD-2 "COMMERCIAL, MEDIUM INTENSITY DISTRICT" AND CD-3 "COMMERCIAL, HIGH INTENSITY DISTRICT" ZONING DESIGNATION, PERMITTING RESTAURANTS, SIDEWALK CAFES, AND OUTDOOR ENTERTAINMENT AS ACCESSORY USES FOR HOTELS WITHIN AREAS WITH AN UNDERLYING RM-2, "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY' ZONING DESIGNATION, AND REMOVING REGULATIONS FOR MINIMUM AND AVERAGE UNIT SIZE AND MIXED USE FLOOR AREA RATIO (FAR) INCENTIVES; AMENDING CHAPTER 122 OF THE CITY CODE, ENTITLED "CONCURRENCY MANAGEMENT," AUTHORIZING THE CITY COMMISSION TO EXEMPT TEMPORARY USES IN THE PUBLIC RIGHT OF WAY IN THE COLLINS PARK ARTS DISTRICT OVERLAY FROM CONCURRENCY REQUIREMENTS BY RESOLUTION; AMENDING CHAPTER 82 OF THE CITY CODE, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY;" DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," EXEMPTING SIDEWALK CAFES LOCATED IN THE COLLINS PARK ARTS DISTRICT OVERLAY FROM SQUARE FOOTAGE SIDEWALK CAFE FEES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. 5:01 p.m. Second Reading Public Hearing Planning First Reading on October 19, 2016 - R5 P Commissioner Ricky Arriola ACTION: Ordinance 2016-4061 adopted as amended. Public Hearing held. Motion made by Commissioner Arriola; seconded by Commissioner Rosen Gonzalez; Ballot vote: 7-0. November 9, 2016 12:00:07 a.m. R5 K AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 106-46, ENTITLED "INDIVIDUAL PARKING SPACE; METHOD OF PARKING"; BY CREATING SUBSECTION (C), SCOOTER, MOPED, MOTORCYCLE DESIGNATED PARKING SPACES AND PROHIBITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 11:20 a.m. Second Reading Public Hearing Parking First Reading on October 27, 2016 - R5 A Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4060 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg; Ballot vote: 6-0; Absent: Mayor Levine. November 9, 2016 11:27:57 a.m. R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME), LOCAL NO. 1554, AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS THE BOARD COST- OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); ADDING RECREATION ATTENDANT CLASSIFICATION INTO BARGAINING UNIT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. 10:45 a.m. Second Reading Public Hearing Human Resources First Reading on October 26, 2016 - R5 B Mayor Philip Levine ACTION: Ordinance 2016-4059 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg; Ballot vote: 6-0; Absent: Mayor Levine. November 9, 2016 2:17:12 p.m. R5 I CHAPTER 6 - ALCOHOLIC BEVERAGES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO PROHIBIT PACKAGE LIQUOR SALES AT RETAIL STORES (INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY OTHER RETAIL STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE ESTABLISHMENTS BEFORE 10:00 A.M. EACH DAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing Housing and Community Services First Reading on October 19, 2016 - R5 AB Vice-Mayor Joy Malakoff Co-Sponsored by Commissioner Michael Grieco ACTION: Ordinance 2016-4058 adopted. Public Hearing held. Motion made by Commissioner Grieco; seconded by Vice-Mayor Malakoff; Ballot vote: 5-2; Opposed: Commissioners Alemán and Rosen Gonzalez. November 9, 2016 2:10:19 p.m. R5 H 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 THEREFORE, AND CORRECTING MINOR SCRIVENER'S ERRORS IN SUBSECTIONS (C)(1) AND (C)(2); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:35 a.m. Second Reading Public Hearing Transportation First Reading on October 19, 2016 - R5 X Mayor Philip Levine ACTION: Ordinance 2016-4057 adopted. See related Item R7 R. Public Hearing held. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Alemán; Ballot vote: 7-0. November 9, 2016 10:52:43 a.m. R5 F 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. 10:25 a.m. Second Reading Public Hearing Finance First Reading on October 19, 2016 - R5 V Commissioners John Elizabeth Alemán and Michael Grieco ACTION: Ordinance 2016-4056 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Grieco; Ballot vote: 6-0; Absent: Mayor Levine. November 9, 2016 10:46:42 a.m. R5 E 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. 10:20 a.m. Second Reading Public Hearing Environment and Sustainability Continued from October 19, 2016 - R5 Q Vice-Mayor Joy Malakoff and Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4055 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Rosen Gonzalez; Ballot vote: 6-0; Absent: Mayor Levine. November 9, 2016 1:55:38 p.m. R5 D 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. 10:15 a.m. Second Reading Public Hearing Planning Continued from October 19, 2016 - R5 F Commissioner Michael Grieco ACTION: Ordinance 2016-4054 adopted. Public Hearing held. Motion made by Commissioner Grieco to go with Option B; seconded by Vice-Mayor Malakoff; Ballot vote: 7-0. November 9, 2016 10:39:37 a.m. R5 C 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. 10:10 a.m. Second Reading Public Hearing Planning Continued from October 19, 2016 - R5 C Commissioner Michael Grieco ACTION: Ordinance 2016-4053 adopted as amended. Public Hearing held. Motion made by Commissioner Grieco to approve with the amendment that waivers are to be approved “by Resolution of the City Commission”; seconded by Commissioner Alemán; Ballot vote: 6-0; Absent: Mayor Levine. November 9, 2016 10:36:59 a.m. R5 B 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. 10:05 a.m. Second Reading Public Hearing Planning First Reading on October 19, 2016 - R5 K Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4052 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Arriola; Ballot vote: 6-0; Absent: Mayor Levine. November 9, 2016 10:09:57 a.m. R5 A 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. 10:00 a.m. Second Reading Public Hearing Planning First Reading PH on October 19, 2016 - R5 U Commissioner Ricky Arriola ACTION: Ordinance 2016-4051 adopted as amended (effective on First Reading). Public Hearing held. Motion made by Commissioner Alemán for a five-month moratorium; seconded by Commissioner Arriola; Ballot vote: 5-1; Opposed: Commissioner Grieco; Absent: Mayor Levine. October 19, 2016 3:20:27 p.m. R5 T AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP V, REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OPEIU, LOCAL 100, AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE- BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 11:35 am. Second Reading Public Hearing Human Resources First Reading on September 27, 2016 - R5 E Mayor Philip Levine ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4050 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff. Ballot vote: 7-0. October 19, 2016 3:15:33 p.m. R5 S AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1613, THE UNCLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS IN SECTION 10, ENTITLED "OTHER LEAVES WITH COMPENSATION" TO PROVIDE FOR PAID PARENTAL LEAVE; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 11:30 a.m. Second Reading Public Hearing Human Resources First Reading on September 27, 2016 - R5 M Commissioner Kristen Rosen Gonzalez ACTION: Title of the Ordinance read into the record. Item heard in conjunction with item R5 R. Public Hearing held. Ordinance 2016-4049 adopted. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Steinberg. Ballot vote: 7-0. October 19, 2016 3:15:33 p.m. R5 R AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS IN SECTION 12, ENTITLED "OTHER LEAVES WITH COMPENSATION" TO PROVIDE FOR PAID PARENTAL LEAVE, AND, BY AMENDING THE PROVISIONS IN SECTION 16, ENTITLED "COLLECTIVE BARGAINING CONTINGENCY," TO PROVIDE PAID PARENTAL LEAVE BENEFITS SUBJECT TO COLLECTIVE BARGAINING AND UNION APPROVAL FOR EMPLOYEES IN CLASSIFICATIONS GOVERNED BY UNION CONTRACTS; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 11:25 am. Second Reading Public Hearing Human Resources First Reading on September 27, 2016 - R5 L Commissioner Kristen Rosen Gonzalez ACTION: Title of the Ordinance read into the record. Heard in conjunction with R5 S. Public Hearing held. Ordinance 2016-4048 adopted. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Steinberg. Ballot vote: 7-0. October 19, 2016 1:39:35 p.m. R5 O MXE PACKAGE STORE PROHIBITION: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO DEFINE PACKAGE STORES; AND AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-544 THEREOF, ENTITLED "PROHIBITED USES," TO PROHIBIT PACKAGE STORES, PACKAGE SALES OF ALCOHOLIC BEVERAGES, AND ENTERTAINMENT USES IN PACKAGE STORES IN THE MXE DISTRICT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 11:10 a.m. Second Reading Public Hearing Planning First Reading PH September 14, 2016 - R5 R Commissioner Ricky Arriola and Co-Sponsored by Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016- 4047 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán. Ballot vote: 7-0. October 19, 2016 2:58:08 p.m. R5 M SUNSET HARBOUR ALCOHOLIC BEVERAGE ESTABLISHMENT 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," (1) AT DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-302, "MAIN PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," SECTION 142-304, "ACCESSORY USES," AND SECTION 142-310, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS"; AND (2)AT DIVISION 11, "1-1 LIGHT INDUSTRIAL DISTRICT," SECTION 142-482, "MAIN PERMITTED USES," SECTION 142-483, "CONDITIONAL USES," SECTION 142-484, "ACCESSORY USES," AND SECTION 142-488, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS," TO CLARIFY PROHIBITED ENTERTAINMENT USES, AND AMEND THE HOURS OF OPERATION, LOCATION AND USE RESTRICTIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE SUNSET HARBOUR NEIGHBORHOOD, GENERALLY BOUNDED BY PURDY AVENUE, 20TH STREET, ALTON ROAD, AND DADE BOULEVARD; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 11:00 am. Second Reading Public Hearing Planning First Reading PH September 14, 2016 - R5 O Vice-Mayor Michael Grieco ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016- 4046 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg. Ballot vote: 7-0. October 19, 2016 2:44:45 p.m. R5 L SIGNAGE ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY STRIKING IN ITS ENTIRETY CHAPTER 138, "SIGNS;" AND REPLACING IT WITH A NEW CHAPTER 138, "SIGNS," AMENDING AND MODIFYING ALL EXISTING REGULATIONS FOR ALL SIGNS IN ALL DISTRICTS, INCLUDING GENERAL REQUIREMENTS, EXEMPT SIGNS, PROHIBITED SIGNS, PERMITTED SIGNS, NONCONFORMING SIGNS, SPECIFIC DISTRICT SIGNS, SPECIFIC CONDITION SIGNS, TEMPORARY SIGNS, AND ARTISTIC OR SUPER GRAPHICS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:55 a.m. Second Reading Public Hearing Planning First Reading on September 27, 2016 - R5 P Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016- 4045 adopted as amended. Motion made by Commissioner Arriola; seconded by Commissioner Alemán. Ballot vote: 6-1; Opposed: Commissioner Steinberg. October 19, 2016 2:03:32 p.m. R5 H SINGLE FAMILY HOME – NON-ARCHITECTURALLY SIGNIFICANT – DEMOLITION PROCEDURES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE- FAMILY RESIDENTIAL DISTRICTS," SECTION 142-108, "PROVISIONS FOR THE DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT FOR SINGLE FAMILY HOMES THAT ARE NOT ARCHITECTURALLY SIGNIFICANT; CREATING SUBSECTION (J), ENTITLED ISSUANCE OF DEMOLITION PERMITS FOR SINGLE FAMILY HOMES THAT ARE NOT ARCHITECTURALLY SIGNIFICANT; PROVIDING FOR FINES, APPEALS AND ENFORCEMENT; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:35 am. Second Reading Public Hearing Planning First Reading on September 14, 2016 - R5 W Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4044 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán. Ballot vote: 7-0. October 19, 2016 10:52:45 a.m. R5 G SHORT-TERM RENTALS ON HARDING AVENUE NORTH BEACH: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "ACCESSORY USES"; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-1111, ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES," BY CREATING A NEW SUBSECTION (D), WHICH ESTABLISHES ELIGIBILITY REQUIREMENTS FOR SHORT-TERM RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL UNITS IN NORTH BEACH; LIMITING THE ELIGIBILITY TO THOSE PROPERTIES FRONTING HARDING AVENUE FROM THE SOUTH SIDE OF 73RD STREET TO THE NORTHERN BOUNDARY OF THE CITY; BY ESTABLISHING CONDITIONS PRECEDENT BEFORE A PROPERTY OWNER IS LEGALLY AUTHORIZED TO ENGAGE IN SHORT-TERM RENTALS; AND REQUIRE THE PROPERTY TO BE FULLY RENOVATED AND RESTORED IN ACCORDANCE WITH THOSE DELINEATED STANDARDS SET FORTH IN SUBSECTION (D)(1), WHICH MUST BE ACCOMPLISHED PRIOR TO THE ISSUANCE OF THE BUSINESS TAX RECEIPT PERMITTING SHORT-TERM RENTALS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:30 a.m. Second Reading Public Hearing Planning Continued from September 14, 2016 - R5 G Vice-Mayor Michael Grieco and Co-Sponsored by Commissioners John Elizabeth Alemán & Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016- 4043 adopted as amended. Motion made by Commissioner Arriola; seconded by Vice-Mayor Grieco and Commissioner Alemán. Ballot vote: 5-2; Opposed: Commissioners Rosen Gonzalez and Steinberg. October 19, 2016 10:49:52 a.m. R5 E CHAPTER 126 - LANDSCAPE ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR'S) OF THE CITY CODE, BY AMENDING CHAPTER 126, "LANDSCAPING," BY EXPANDING THE APPLICABILITY, SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS, EXPANDING MINIMUM LANDSCAPE STANDARDS, DETAILING MAINTENANCE REQUIREMENTS FOR REQUIRED LANDSCAPING, AND PROVIDING FOR THE DEPOSIT OF FUNDS TO THE CITY OF MIAMI BEACH TREE PRESERVATION TRUST FUND FOR NOT COMPLYING WITH LANDSCAPE REQUIREMENTS; BY AMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING," ARTICLE III, ENTITLED "DESIGN STANDARDS," TO INCORPORATE LANDSCAPE STANDARDS FOR TEMPORARY AND PROVISIONAL PARKING LOTS INTO THE CITY OF MIAMI BEACH LANDSCAPE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:20 am. Second Reading Public Hearing Planning First Reading on September 14, 2016 - R5 T Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Heard in conjunction with R5 D. Ordinance 2016-4042 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán. Ballot vote: 7-0. October 19, 2016 10:48:50 a.m. R5 D CHAPTER 46 - NON-SPECIMEN TREES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR'S) OF THE CITY CODE, BY AMENDING CHAPTER 46, "ENVIRONMENT", ARTICLE II, "CARE AND MAINTENANCE OF TREES AND PLANTS", DIVISION 2, "TREE PRESERVATION AND PROTECTION," TO MODIFY THE DIAMETER AT BREAST HEIGHT OF NON-SPECIMEN TREES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 10:15 am. Second Reading Public Hearing Planning First Reading on September 14, 2016 - R5 S Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Heard with Item R5 E. Ordinance 2016-4041 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán. Ballot vote: 7-0. September 27, 2016 R5 J SCHEDULE A MODIFICATION TO STORMWATER UTILITY ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE, ENTITLED "UTILITIES"; AMENDING ARTICLE III THEREOF, ENTITLED "STORMWATER UTILITY," AMENDING SECTION 110-109 THEREOF ENTITLED "STORMWATER UTILITY FEES," BY AMENDING APPENDIX A THERETO ENTITLED "FEE SCHEDULE," TO INCREASE THE STORMWATER UTILITY SERVICE CHARGE IMPOSED BY THE CITY AS OF OCTOBER 1, 2016; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:11 p.m. Second Reading Public Hearing Public Works First Reading on September 14, 2016 - R5 AC Mayor Philip Levine ACTION: Ordinance 2016- 4040 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Grieco to approve the Ordinance; seconded by Commissioner Arriola; Ballot vote: 6-1; Opposed: Commissioner Rosen Gonzalez. September 27, 2016 R5 I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "UTILITIES," ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE," AT SECTION 110-166, ENTITLED "SCHEDULE OF WATER RATES AND TAPPING CHARGES;" AT SECTION 110-168, ENTITLED "SANITARY SEWER SERVICE CHARGE" ARE TO BE AMENDED; AND CREATING SECTION 110-171, ENTITLED "RATE INDEXING," IN ORDER TO ADJUST AND MODIFY HOW WATER AND SANITARY SEWER RATES ARE CALCULATED AND APPLIED; AND ALSO AMENDING APPENDIX A TO CHAPTER 110, ENTITLED "FEE SCHEDULE" TO INCREASE AND RESTRUCTURE THE WATER RATES AND SANITARY SEWER SERVICE CHARGES IMPOSED BY THE CITY PURSUANT TO SECTIONS 110-166, 110-168, AND 110-171; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 5:10 p.m. Second Reading Public Hearing Public Works First Reading on September 14, 2016 - R5 AB Commissioner Ricky Arriola ACTION: Ordinance 2016-4039 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Grieco to approve the Ordinance; seconded by Commissioner Arriola; Ballot vote: 7-0. September 27, 2016 R5 G AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR COST-OF-LIVING ADJUSTMENTS FOR THE CLASSIFICATIONS IN GROUP VI, BEING ALL OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT; EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:08 p.m. Second Reading Public Hearing Human Resources First Reading on September 14, 2016 - R5 AH Mayor Philip Levine ACTION: Ordinance 2016-4038 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance; seconded by Commissioner Rosen Gonzalez; Ballot vote: 7-0. September 27, 2016 R5F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; PROVIDING FOR COST-OF-LIVING ADJUSTMENTS (COLA) FOR ALL UNCLASSIFIED EMPLOYEES; REVISING THE SALARY RANGE FOR THE CITY MANAGER AND THE CITY ATTORNEY TO REFLECT THE COST-OF-LIVING ADJUSTMENTS; EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 5:07 p.m. Second Reading Public Hearing Human Resources First Reading on September 14, 2016 - R5 AG Mayor Philip Levine ACTION: Ordinance 2016- 4037 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance; seconded by Vice-Mayor Grieco; Ballot vote: 7-0. September 27, 2016 R5 D AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP II, REPRESENTED BY THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8., AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE-BOARD COST- OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE OCTOBER 1, 2015, ADDING ONE ADDITIONAL STEP, STEP (I), TO THE PAY RANGE FOR THE CLASSIFICATION OF DETENTION OFFICER; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. 5:05 p.m. Second Reading Public Hearing Human Resources First Reading on September 14, 2016 - R5 U Commissioner Joy Malakoff ACTION: Ordinance 2016-4036 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to approve the Ordinance; seconded by Vice-Mayor Grieco; Ballot vote: 7-0. September 27, 2016 R5 C PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS"; AMENDING THE PENSION SYSTEM TO IMPLEMENT THE COLLECTIVE BARGAINING AGREEMENT WITH THE FIRE FIGHTERS OF MIAMI BEACH, IAFF LOCAL 1510, FOR THE PERIOD OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018, AND THE COLLECTIVE BARGAINING AGREEMENT WITH THE POLICE OFFICERS OF MIAMI BEACH, FOP WILLIAM NICHOLS LODGE NUMBER 8, FOR THE PERIOD OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018; AMENDING SECTION 62, ENTITLED "DEFINITIONS"; AMENDING SECTION 65, ENTITLED "COMPUTATION OF CREDITABLE SERVICE; SERVICE RECORD"; AMENDING SECTION 66, ENTITLED SERVICE AND DISABILITY BENEFITS GENERALLY; AMENDING SECTION 79, ENTITLED "DEFERRED RETIREMENT OPTION PLAN"; AMENDING SECTION 82, ENTITLED "MILITARY SERVICE"; AMENDING SECTION 87, ENTITLED "BENEFITS FOR MEMBERS HIRED ON OR AFTER JULY 14, 2010"; AMENDING SECTION 88, ENTITLED BENEFITS FOR MEMBERS HIRED ON OR AFTER SEPTEMBER 30, 2013; CREATING A NEW SECTION 89, ENTITLED "BENEFITS FOR MEMBERS HIRED ON OR AFTER [DATE OF RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT]"; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. 5:04 p.m. Second Reading Public Hearing Human Resources First Reading on September 14, 2016 - R5 AE Commissioner Joy Malakoff ACTION: Ordinance 2016-4035 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to approve the Ordinance; seconded by Vice-Mayor Grieco; Ballot vote: 7-0. September 27, 2016 R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH HUMAN RIGHTS ORDINANCE (ORDINANCE NO. 2010-3669), BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISIONS 1-4, ENTITLED "GENERALLY," "ADMINISTRATION," "REGULATIONS," AND "EXCEPTIONS," BY AMENDING SECTIONS 62-31, ENTITLED "DEFINITIONS;" 62-33, ENTITLED "PURPOSE; DECLARATION OF POLICY;" 62-37, ENTITLED "DUTIES AND POWERS;" 62-59, ENTITLED "INFORMATION ON COMPLAINT;" 62-86, ENTITLED "DISCRIMINATION IN EMPLOYMENT;" 62-87, ENTITLED "DISCRIMINATION IN PUBLIC ACCOMMODATIONS;" 62-88, ENTITLED "DISCRIMINATION IN HOUSING;" 62-88.1, ENTITLED "DISCRIMINATION IN PUBLIC SERVICES;" 62-90, ENTITLED "MUNICIPAL FACILITIES;" 62-91, ENTITLED "MUNICIPAL FUNDS;" 62-111, ENTITLED EMPLOYMENT;" AND 62-112, ENTITLED "HOUSING;" TO AMEND THE PROTECTED CLASSES WITHIN THE ORDINANCE TO INCLUDE THE FOLLOWING CATEGORIES: ANCESTRY, HEIGHT, WEIGHT, DOMESTIC PARTNER STATUS, LABOR ORGANIZATION MEMBERSHIP, FAMILIAL SITUATION, AND POLITICAL AFFILIATION; AND BY AMENDING THOSE SAME SECTIONS TO PROVIDE THAT THE HUMAN RIGHTS ORDINANCE SHALL APPLY TO ACTUAL AND PERCEIVED MEMBERSHIP IN A PROTECTED CLASS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 4:02 p.m. Second Reading Public Hearing Office of the City Attorney Deferred from September 14, 2016 - R5 AK Commissioner John Elizabeth Aleman ACTION: Ordinance 2016-4034 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán to approve the Ordinance; seconded by Commissioner Rosen Gonzalez; Ballot vote: 7-0. September 27, 2016 R5 A OFF-STREET PARKING REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE I, "IN GENERAL," ARTICLE III, "DESIGN STANDARDS," ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," ARTICLE VI, "PARKING CREDIT SYSTEM," ARTICLE VII, "SURPLUS AND UNDER-UTILIZED PARKING SPACES," AND ARTICLE IX, VALET AND TANDEM PARKING", BY AMENDING AND CLARIFYING STANDARDS AND PROCEDURES FOR OFF-STREET PARKING REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 4:01 p.m. Second Reading Public Hearing Planning Deferred from September 14, 2016 - R5D Vice-Mayor Michael Grieco ACTION: Ordinance 2016-4033 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Item referred to the Land Use and Development Committee. Motion made by Commissioner Malakoff to approve as amended; seconded by Vice-Mayor Grieco; Ballot vote: 7-0. September 14, 2016 R5 Q AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES," BY AMENDING DIVISION 15, ENTITLED "MIAMI BEACH SISTER CITIES PROGRAM" AND DIVISION 16, ENTITLED "MIAMI BEACH YOUTH COMMISSION" TO REMOVE "MIAMI BEACH" FROM THE NAME OF THE SISTER CITIES PROGRAM AND THE YOUTH COMMISSION; AND, FURTHER AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION I, ENTITLED "GENERALLY', BY AMENDING SECTION 62-34 THEREOF, ENTITLED "CITY OF MIAMI BEACH HUMAN RIGHTS COMMITTEE ESTABLISHED," TO REMOVE "CITY OF MIAMI BEACH" FROM THE NAME OF THE COMMITTEE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 3:05 p.m. Second Reading Public Hearing Office of the City Attorney First Reading July 13, 2016 - R5Q Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4032 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Arriola; Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner Malakoff. September 14, 2016 R5 K AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP III, REPRESENTED BY THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1510, AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH BI- WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE- BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:50 am. Second Reading Public Hearing Human Resources First Reading July 13, 2016 - R5 O Commissioner Joy Malakoff ACTION: Ordinance 2016-4031 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Arriola; Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner Malakoff. September 14, 2016 R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PURCHASING," BY CREATING ARTICLE III, TO BE ENTITLED "LOCAL WORKFORCE PARTICIPATION PROGRAM FOR CITY CONSTRUCTION CONTRACTS," TO ESTABLISH WORKFORCE PARTICIPATION GOALS AND REPORTING REQUIREMENTS FOR CITY CONSTRUCTION CONTRACTS IN EXCESS OF $1,000,000 FOR THE CONSTRUCTION, DEMOLITION, ALTERATION AND/OR REPAIR OF CITY BUILDINGS, CITY PUBLIC WORKS, AND BUILDINGS OR IMPROVEMENTS LOCATED ON CITY-OWNED LAND; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:45 am. Second Reading Public Hearing Procurement/City Attorney First Reading July 13, 2016 - R5P Commissioner Micky Steinberg ACTION: Ordinance 2016-4030 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Steinberg; seconded by Commissioner Alemán; Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner Malakoff. September 14, 2016 R5 I BELOW GRADE FLOOR AREA— CONTRIBUTING BUILDINGS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," BY AMENDING THE DEFINITION OF FLOOR AREA; WHICH DEFINITION IS CONSISTENT WITH THE DEFINITION OF FLOOR AREA RATIO (FAR) AS EXISTED ON NOVEMBER 7, 2001, THUS ENSURING COMPLIANCE WITH SECTION 1.03(C) OF THE CHARTER; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 10:40 am. Second Reading Public Hearing Planning First Reading July 13, 2016 - R5M Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4029 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Arriola; Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner Malakoff. September 14, 2016 R5 H TC NORTH BEACH TOWN CENTER DISTRICTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 20 "TC NORTH BEACH TOWN CENTER DISTRICTS", TO INCREASE THE ALLOWABLE HEIGHT FOR BUILDINGS IN THE TC-1 TOWN CENTER CORE DISTRICT TO 125 FEET AND TO MODIFY SETBACK REQUIREMENTS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:35 am. Second Reading Public Hearing Planning First Reading July 13, 2016 - R5L Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4028 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Rosen Gonzalez; Ballot-vote: 7-0. September 14, 2016 R5 F COMPREHENSIVE PLAN — PERIL OF FLOOD: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, BY MODIFYING CHAPTER 1, FUTURE LAND USE ELEMENT, TO ENCOURAGE THE USE OF LANDSCAPING TECHNIQUES THAT ENHANCE STORMWATER MANAGEMENT AND TO MODIFY THE LEVEL OF SERVICE FOR STORM SEWER CAPACITY; CHAPTER 5, INFRASTRUCTURE ELEMENT, TO REQUIRE THAT THE LAND DEVELOPMENT REGULATIONS INCLUDE A FREEBOARD REQUIREMENT FOR NEW CONSTRUCTION, TO MODIFY THE LEVEL OF SERVICE FOR DRAINAGE FACILITIES DESIGN STORM STANDARD, AND TO INCORPORATE THE USE OF STORMWATER STORAGE AND INFILTRATION IN INFRASTRUCTURE REPLACEMENT ACTIVITIES; CHAPTER 6, CONSERVATION/COASTAL ZONE MANAGEMENT ELEMENT TO ENCOURAGE THE USE OF HIGHLY WATER- ABSORBENT NATIVE PLANTS AND TO DESIGNATE THE CITY OF MIAMI BEACH AS AN ADAPTATION ACTION AREA (AAA) PURSUANT TO SECTION 163.3177(6)(G)(10), FLORIDA STATUTES; CHAPTER 8, INTERGOVERNMENTAL COORDINATION ELEMENT, TO REQUIRE COORDINATION BETWEEN AGENCIES ADDRESSING ISSUES RELATED TO SEA LEVEL RISE AND CLIMATE CHANGE; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Planning First Reading PH July 13, 2016 - R5J Commissioner Joy Malakoff ACTION: Ordinance 2016-4027 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Arriola; Ballot-vote: 6-0; Absent: Commissioner Malakoff. July 13, 2016 R5E An Ordinance Pertaining To The Subject Of A Six (6) Month Moratorium For The Two National Register Historic Districts Contained Within The North Beach Master Plan Study Area With The Following General Boundaries: (1) The “North Shore National Register District,” Generally Bounded By 73rd Street To The South, Dickens Avenue, Hawthorne Avenue And Crespi Boulevard To The West, 87th Street To The North, And Collins Court To The East; And (2) “Normandy Isles National Register District:” Generally Bounded By Biscayne Bay To The South, Ray Street, Rue Notre Dame And Rue Versailles To The West, Normandy Shores Golf Course To The North, And The Western Bulkhead Of Indian Creek To The East; Imposing A Temporary Moratorium Upon The Receipt Of Or Processing Of Applications, Permits Or Pending Approvals Pertaining To Demolition Of Contributing Structures Within The Two National Register Historic Districts Within The North Beach Master Plan Study Area; Providing For An Effective Date Retroactive To June 8, 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; Providing For Exceptions; Providing For Severability; Repeal Of Conflicting Ordinance Provisions; And Providing For An Expiration Date. 5:01 p.m. Second Reading Public Hearing (Sponsored by Commissioner Ricky Arriola & Co-sponsored by Commissioner Joy Malakoff) (Planning) (First Reading Public Hearing June 8, 2016 - R5G) ACTION: Ordinance 2016-4026 adopted as amended with the effective date. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola; Ballot-vote: 7-0. Per email from Planning Department Director, Thomas Mooney, on 10.16.18, “My understanding is that this ordinance is now moot, as we are well past the 6 month period commencing on June 8, 2016. Tom. “ July 13, 2016 R5D Miami Beach Panel Of Architects An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, Florida, Chapter 118, “Administration And Review Procedures,” Article II, “Boards,” By Creating Section 118-33 To Establish The Miami Beach Panel Of Architects (“MBPOA”); And By Amending The Criteria And Procedural Thresholds For The Review And Approval Of New Single-Family Residential Construction By Authorizing The MBPOA To Conduct Certain Reviews; Creating Division 6, Entitled “Miami Beach Panel Of Architects,” At Sections 118-139 Through 118-156, Providing For Purpose, Composition Of Board, Membership, Qualifications, Quorum, Meeting Procedures, Powers And Duties, Fees And Applications; Amending Section 118-8, Entitled “Notice Procedures For Quasi-Judicial, Public Hearing Quasi- Judicial Land Use Board Actions” To Include Notice Procedures For Proceedings Before The MBPOA; And Amending Section 118-9, Entitled “Rehearing And Appeal Procedures,” To Provide Procedures For Appeals From The MBPOA; Providing For Codification; Repealer; Severability; And An Effective Date. 10:15:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on June 8, 2016 - R5M) ACTION: Ordinance 2016-4025 adopted. Title of the Ordinance read into the record. Item heard in conjunction with R7AA. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán; Ballot-vote: 6-1. Opposed: Commissioner Steinberg. July 13, 2016 R5C An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 3 Entitled “Lobbyists,” Section 2-482(a)(4) Thereof, By Requiring A Lobbyist Who Has Within The Past Election Cycle Provided Campaign Consulting Services To An Incumbent Member Of The City Commission To Disclose Such Particular Service On His/Her Lobbyist Registration Form And To Disclose Such Particular Service Orally Before Lobbying The City Commission At A Public Meeting, Providing Definitions, And Providing For Repealer, Severability, Codification, And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Sponsored by Commissioner Kristen Rosen Gonzalez) (Legislative Tracking: Office of the City Attorney) (First Reading on June 8, 2016 - R5J1) ACTION: Ordinance 2016-4024 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola; Ballot-vote: 7-0. July 13, 2016 R5B Hall For Hire Use In Museum Historic District An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 3, “Residential Multifamily Districts,” Subdivision IV, “RM-2 Residential Multifamily, Medium Intensity,” To Amend Section 142-213, “Conditional Uses,” To Include Requirements Pertaining To Hall For Hire Uses For Properties Located Within The Locally Designated Museum Historic Preservation District; Providing For Repealer; Severability; Codification; And An Effective Date. 10:05:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on June 8, 2016 - R5I) ACTION: Ordinance 2016-4023 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán; Ballot-vote: 7-0. July 13, 2016 R5 A An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “Public Property,” By Amending Article I, Entitled “In General”; By Amending Section 82-1, Entitled “Conducting Business On Streets, Parks Or Other Public Property; Enforcement; Penalties; Unpaid Fines To Constitute Liens,” By Creating Subsection (b) Which Expressly Prohibits Commercial Transactions, Activities Or Operations At Any Park, Boat Ramp, Beach, Structure Building Or Other Property Or Place Owned, Maintained Or Operated By The City; By Prohibiting Any Portion Of The Commercial Transaction, Activity Or Operation To Directly Or Indirectly Occur At Any Park, Boat Ramp, Beach, Structure Building Or Other Property Or Place Owned, Maintained Or Operated By The City; By Modifying Subsection (c), Which Amends The Existing Exemption Authority Of The City Manager For The Rendering Of Service To The Public; And Creating An Additional Exemption To The Prohibitions Set Forth In Section 82-1(a) And (b), That Would Require The City Commission To Approve A Concession Agreement Authorizing Commercial Activities Or Operations; And By Creating Subsection (d), Which Is A New Enforcement And Penalty Provision For Violations, Limiting The Authority Of The Special Master, And Increasing The Monetary Fines; Providing For Repealer, Severability, Codification, And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by Vice- Mayor Michael Grieco) (Legislative Tracking: Parks & Recreation) (First Reading on May 11, 2016 - R5N) ACTION: Ordinance 2016-4022 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Vice-Mayor Grieco; Ballot- vote: 7-0. June 8, 2016 R5H Ocean Terrace Overlay - LDR Amendments An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article III "Overlay Districts," Creating Division 10 "Ocean Terrace Overlay", To Modify The Applicable Setbacks And Allowable Encroachments, Increase The Allowable Height To 235 Feet For Residential Uses And 125 Feet For Hotel Uses, To Limit The Maximum Floorplate Of The Tower Portion Of New Buildings, To Provide A Minimum Building Separation For The Tower Portion Of New Buildings, To Modify The Allowable Main, Conditional, Accessory And Prohibited Uses; Providing For Repealer; Severability; Codification; And An Effective Date. 5:01 p.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on May 11, 2016 - R5D) ACTION: Ordinance 2016-4021 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Arriola; Ballot-vote: 6-1; Opposed: Commissioner Rosen Gonzalez. June 8, 2016 R5F An Ordinance Amending Chapter 18 Of The City Code, Entitled “Businesses,” By Adding Article XVII, Entitled “City Minimum Living Wage,” To Provide For Implementation Of A City- Wide Minimum Hourly Wage; And Amending Chapter 102 Of The City Code, Entitled “Taxation,” By Amending Section 102-371, Entitled “Application Procedures[,]” By Adding A Subsection Entitled “(j) Compliance With City Minimum Living Wage” And Providing For Repealer, Severability, Codification, And An Effective Date. 10:25 a.m. Second Reading Public Hearing (Sponsored by Mayor Philip Levine & Co-Sponsored by all the Members of the City Commission) (Legislative Tracking: Office of the City Attorney) (First Reading May 11, 2016 - R5P) ACTION: Ordinance 2016-4020 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Arriola; seconded by Commissioner Malakoff; Ballot-vote: 7-0. June 8, 2016 R5E An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “Public Property,” By Amending Article V, Entitled “Beaches,” By Amending Division 1, Entitled “Generally,” By Creating A New Section 82-443, Entitled “High Impact Events On Beach Property,” To Provide The City Manager With The Authority To Impose Certain Immediate Measures For The Protection Of Beach Property During High Impact Events In The City; Providing For Notification Of High Impact Event Measures, Enforcement, And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco & Co-Sponsored by all the Members of the City Commission) (Legislative Tracking: Office of the City Attorney/Tourism, Culture & Economic Development) (First Reading May 11, 2016 - R5O) ACTION: Ordinance 2016-4019 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Alemán; Ballot-vote: 7-0. June 8, 2016 R5D An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled “Miscellaneous Offenses,” By Creating Article VII, To Be Entitled “Sexual Orientation Or Gender Identity Change Efforts,” To Prohibit Licensed Professionals From Engaging In Counseling Efforts, Practices, Or Treatments With The Goal To Change A Minor’s Sexual Orientation Or Gender Identity; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Sponsored by Commissioner John Elizabeth Alemán & Co-Sponsored by all the Members of the City Commission) (Office of the City Attorney) (First Reading May 11, 2016 - R5L) ACTION: Ordinance 2016-4018 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff; Ballot-vote: 7-0. Office of the City Attorney and Hernan Cardeno to handle. June 8, 2016 R5C An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled “Administration,” By Amending Article III, Entitled “Agencies, Boards, And Committees,” By Amending Division 16, Entitled “Reserved,” To Create A Miami Beach Youth Commission, And Amending Sections 2-186 - 2-189 Thereof, Entitled “Reserved,” To Establish And Set Forth The Purpose, Powers, Duties, Composition, And Supporting Department For The Youth Commission And Providing For Repealer, Severability, Codification, And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Sponsored by Commissioner Kristen Rosen Gonzalez) (Legislative Tracking: Office of the City Attorney) (First Reading May 11, 2016 - R5J) ACTION: Ordinance 2016-4017 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Rosen Gonzalez; seconded by Vice-Mayor Steinberg; Ballot-vote: 7-0. June 8, 2016 R5B Beach And Sand Quality An Ordinance Amending Chapter 82, "Public Property," Article V, “Beaches," Creating Division 3, "Beach And Sand Quality," At Sections 82-472 Through 82-478, Ensuring The Preservation And Enhancement Of The Quality Of The City’s Beaches By Requiring Testing Of Sand Or Fill Placed East Of The Coastal Construction Control Line (CCCL), Consistent With The Requirements Of Section 161.053, Florida Statutes And Rule 62B-33, Florida Administrative Code; Providing For Final Approval From The City Prior To The Placement Of Any Sand Or Fill East Of The Coastal Construction Control Line And Including Provision That The City’s Approval Shall Be Contingent On The Applicant Obtaining A Letter Of No Objection From Miami-Dade County Division Of Environmental Resources Management (DERM), And Providing For Cost Recovery From The Applicant; Providing For Codification; Repealer; Severability, And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored By Commissioner Michael Grieco) (Legislative Tracking: Environment & Sustainability) (First Reading May 11, 2016 - R5H) ACTION: Ordinance 2016-4016 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioners Alemán and Malakoff (simultaneous); Ballot-vote: 7-0. June 8, 2016 R5A 1700 Alton Road - Historic Site Designation An Ordinance Amending The Land Development Regulations Of The Miami Beach City Code; By Amending Section 118-593(e), Entitled "Delineation On Zoning Map" By Designating One Or More Buildings At 1700 Alton Road As An Historic Site To Be Known As “1700 Alton Road Historic Site," As More Particularly Described In The Ordinance; Providing That The City's Zoning Map Shall Be Amended To Include 1700 Alton Road As An Historic Site; Adopting The Designation Report Attached To The Staff Report As Appendix "A"; Providing For Inclusion In The Land Development Regulations Of The City Code; For Repealer; Severability; And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by AC 1700 Alton Owner LLC, as the Private Applicant) (Legislative Tracking: Planning) (First Reading on May 11, 2015 - R5G) ACTION: Ordinance 2016-4015 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Vice-Mayor Steinberg; Ballot-vote: 7-0. May 11, 2016 R5F Alton Road West And 17th Street South Alcoholic Beverage Establishment Regulations An Ordinance Amending Chapter 142, “Zoning Districts And Regulations”, Article II, “District Regulations,” (1) At Division 4,“CD-1 Commercial Medium Intensity District,” Section 142-272, “Main Permitted Uses;” (2) Section 142-273, “Conditional Uses;” (3) Section 142-274, “Accessory Uses;” (4) Section 142-279, “Additional Regulations For Alcoholic Beverage Establishments;” (5) At Division 5, “CD-2 Commercial Medium Intensity District,” Section 142- 302, “Main Permitted Uses;” (6) Section 142-303, “Conditional Uses;” (7) Section 142-304, “Accessory Uses;” (8) Section 142-310, “Additional Regulations For Alcoholic Beverage Establishments;” And (9) At Division 6, “CD-3 Commercial Medium Intensity District,” Section 142-332, “Main Permitted Uses;” (10) Section 142-333, “Conditional Uses;” (11) Section 142- 334, “Accessory Uses;” And (12) Section 142-340, “Additional Regulations For Alcoholic Beverage Establishments;” To Amend The Hours Of Operation, Location And Use Restrictions For (A) Properties On The West Side Of Alton Road And East Of Alton Court, From 6th Street To Collins Canal, (B) Properties On The East Side Of West Avenue From Lincoln Road To 17th Street, And (C) Properties Within 100 Feet To The South Of 17th Street, Between Lenox Avenue And Meridian Avenue; Providing For Codification; Repealer; Severability; And An Effective Date. 5:01 p.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on April 13, 2016 - R5F) ACTION: Ordinance 2016-4014 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff to move the Alton Road portion, removing the one block between Alton Road & West Avenue on Lincoln Road; and recommending that the 17th Street area go to the Land Use & Development Committee again for discussion; seconded by Commissioner Grieco. Ballot-vote: 6-0; Absent: Commissioner Rosen Gonzalez. May 11, 2016 R5E An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2 Entitled “Officers, Employees And Agency Members”, Adding Thereto Section 2-461 Entitled “Disclosure By City Commission Members Of Solicitation On Behalf Of Nonprofit Organization,” Requiring City Commission Members Who Solicit Gifts On Behalf Of A Nonprofit Organization From A Vendor, Lobbyist On A Procurement Issue, Real Estate Developer And/Or Lobbyist On A Real Estate Development Issue, To Disclose The Date Of Solicitation And Name Of Individual Solicited, Disclosure To Be Filed In City Clerk’s Office; Providing For Repealer, Severability, Codification, And An Effective Date. 11:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Kristen Rosen Gonzalez) (Legislative Tracking: Office of the City Attorney) (First Reading April 27, 2016 - R5A) ACTION: Ordinance 2016-4013 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Rosen Gonzalez; seconded by Vice-Mayor Steinberg; Ballot-vote: 7-0. May 11, 2016 R5C An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled “Administration,” Article VI, “Procurement,” Division 3, “Contract Procedures,” By Creating Section 2-376, Entitled “Fair Chance Requirement For City Contractors,” And Amending Chapter 62, “Human Relations,” By Creating Article V, To Be Entitled The “Fair Chance Ordinance,” To Provide Regulations Regarding The Consideration By The City And By City Contractors Of The Criminal History Of Applicants For Employment, And To Provide Limiting Provisions; And Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Sponsored By Commissioner Michael Grieco) (Legislative Tracking: Office of the City Attorney/Human Resources/Procurement) (First Reading on April 13, 2016 - R5G) ACTION: Ordinance 2016-4012 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Vice-Mayor Steinberg; Ballot-vote: 6-0; Absent: Commissioner Alemán. May 11, 2016 R5B Unified Development Sites And FAR Distribution An Ordinance Amending Chapter 118, Entitled “Administration And Review Procedures,” Article I Entitled “In General” At Section 118-5, Entitled “Unity Of Title; Covenant In Lieu Thereof;” Chapter 114, Entitled “General Provisions,” At Section 114-4, Entitled “Compliance With Regulations Required;” And Chapter 142, Entitled “Zoning Districts And Regulations,” Article II Entitled “District Regulations,” Division 1, Entitled “Generally,” At Section 142-73, Entitled “Interpretation Of District Boundaries;” In Order To Clarify Procedures For The Movement Of FAR Within Unified Development Sites With Differing Zoning Districts; Providing For Enforcement And Penalties; And Providing For Repealer, Codification, Severability, And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Sponsored By Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on April 13, 2016 - R5E) ACTION: Ordinance 2016-4011 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Alemán; Ballot-vote: 6-0; Absent: Vice-Mayor Steinberg. May 11, 2016 R5A2. An Ordinance Amending The City’s Land Development Regulations, By Amending Chapter 114, “General Provisions,” At Section 114-1, “Definitions,” By Amending The Definitions For Grade, Future Adjusted Grade, And Building Height, And To Establish By Reference To Chapter 54-35 Definitions For Base Flood Elevation, Crown Of Road, Future Crown Of Road, Freeboard, Minimum Freeboard, Maximum Freeboard, Green Infrastructure, Future Adjusted Grade, And Surface Stormwater Shallow Conveyance; By Amending Chapter 142, “Zoning Districts And Regulations,” Division 2, “RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,” By Amending And Clarifying The Maximum Elevation Within A Required Yard And Providing A Minimum Elevation Requirement For New Construction, And Amending How Maximum Building Height Is Calculated; Providing Codification; Repealer; Severability; And An Effective Date. 10:06 a.m. Second Reading Public Hearing (Sponsored By Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on April 13, 2016 - R5D2) ACTION: Ordinance 2016-4010 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. See action and comments with R5A-1. Motion made by Commissioner Malakoff; seconded by Commissioner Rosen Gonzalez; Ballot-vote: 7-0. May 11, 2016 R5A Freeboard And Development Regulations - Grade Elevations And Height 1. An Ordinance Amending Subpart A - General Ordinances, Of The City Code, By Amending Chapter 54 “Floods” At Section 54-35, “Definitions,” By Amending The Definitions For Base Flood Elevation, Crown Of Road, And Freeboard, And By Creating Definitions For Centerline Of Roadway, Critical Facility, Future Crown Of Road, Minimum Freeboard, Maximum Freeboard, Green Infrastructure, Low Impact Development (LID), And Surface Stormwater Shallow Conveyance; By Amending Section 54-45, “Permit Procedures,” To Require A Stormwater Management Plan; By Amending Section 54-47, “General Standards,” To Prohibit Septic Sewage Systems, And Include Requirements For Storage Of Hazardous Materials; By Amending Section 54-48, “Specific Standards,” To Clarify The Minimum Elevation Of The Lowest Finished Floor For Residential And Non-Residential Construction, And Requiring A Minimum Elevation For Garage Entrances; By Amending Section 54-51, “Standards For Coastal High Hazard Areas (V-Zones),” To Clarify The Minimum Elevation Of The Lowest Floor Of All New Construction And Substantial Improvements; Providing Codification; Repealer; Severability; And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored By Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on April 13, 2016 - R5D1) ACTION: Ordinance 2016-4009 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán; Ballot-vote: 7-0. April 13, 2016 R5C An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “Public Property,” By Amending Article IV, “Uses In Public Rights-Of-Way,” By Amending Division 5, “Sidewalk Cafes,” By Amending Subdivision II, “Permit,” By Amending Section 82- 382, Entitled “Application,” And Section 82-383, Entitled “Permit Fee; Penalties For Late Payment; Review Of Fee; Exception,” To Abate Sidewalk Cafe Permit Fees, Including Annual Permit Application Fees And Square Footage Fees, For Businesses On Washington Avenue From 6th Street To Lincoln Road, Until September 30, 2019; And Providing For Repealer, Codification, Severability, And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on March 9, 2016 - R5I) ACTION: Ordinance 2016-4008 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Malakoff; Ballot-vote: 7-0. April 13, 2016 R5B Minimum Unit Sizes for Historic Hotels An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," By Amending Article II, “District Regulations,” By Amending Division 3, “Residential Multifamily Districts,” By Amending Section 142-155 To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The RM-1 District; By Amending Section 142-217 To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The RM-2 District; By Amending Section 142-246 To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The RM-3 District; By Amending Chapter 142, "Zoning Districts And Regulations", Article II, “District Regulations”, Section 142-306, “Development Regulations” To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The CD-2 District; And By Amending Section 142-337, “Development Regulations And Area Requirements” To Modify The Requirements For Minimum Hotel Room Size And Maximum Hotel Room Occupancy For Historic Hotels Within The CD-3 District; Providing For Codification; Repealer; Severability; And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on March 9, 2016 - R5H) ACTION: Ordinance 2016-4007 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Alemán; Ballot-vote: 7-0. April 13, 2016 R5A Vacant Storefront Covers An Ordinance Amending Chapter 138 Of The Miami Beach City Code, Entitled "Signs," Article IV Entitled “Temporary Signs,” At Section 138-140 Entitled “Vacant Storefront Covers And Signs” To Mandate That All Vacant Storefront Windows And Doors Be Wrapped In Non- Commercial Paper Designs; Providing For Enforcement And Penalties; And Providing For Repealer, Codification, Severability, And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on March 9, 2016 - R5G) ACTION: Ordinance 2016-4006 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. March 9, 2016 2. Chapter 142 - Zoning Districts And Alcoholic Beverages An Ordinance Amending Chapter 142 “Zoning Districts And Regulations;” Article II, “District Regulations,” Division 3, “Residential Multifamily Districts” Division 4, “CD-1 Commercial, Low Intensity District” Division 5, “CD-2 Commercial, Medium Intensity District” Division 6, “CD-3 Commercial, High Intensity District” Division 7, “CCC Civic And Convention Center District” Division 8, “GC Golf Course District” Division 9, “GU Government Use District” Division 10, “HD Hospital District” Division 11, “I-1 Light Industrial District” Division 12, “MR Marine Recreation District;” Division 13, “MXE Mixed Use Entertainment District;” Division 16, “WD-1 Waterway District” Division 17, “WD-2 Waterway District” Division 18, “PS Performance Standard District,” Division 20 “TC North Beach Town Center Districts,” To Delineate All Alcoholic Beverage Establishments As Related Main Permitted, Conditional, And Prohibited Uses By Zoning District; Modifying Chapter 142, Article V, “Specialized Use Regulations,” To Delete Division 4, And Section 143-1301, Entitled “Permitted Districts; Striking Alcohol Regulations Relating To Hours Of Operation, Minimum Seat And Hotel Rooms From Chapter 142 “Zoning Districts And Regulations,” Article II “District Regulations;” And Modifying Chapter 142, Article V “Special Use Regulations,” At Division 4 “Alcoholic Beverages,” By Striking Sections 142-1302 And 142-1303; Providing For Repealer; Severability; Codification; Exceptions; And An Effective Date. 5:02 p.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading Public Hearing on February 10, 2016 - R5F2) ACTION: Ordinance 2016-4005 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán; Ballot-vote: 6-0; Absent: Mayor Levine. March 9, 2016 R5F Amend Ch. 6 - Alcoholic Beverages; And Ch. 142 - Zoning Districts And Alcoholic Beverages 1. Chapter 6 - Alcoholic Beverages An Ordinance Amending Subpart A - General Ordinances, Chapter 6 “Alcoholic Beverages” Of The Code Of The City Of Miami Beach, By Amending Article I, “General Provisions”, To Consolidate All Provisions Relating To Alcohol Regulation In One Chapter Of The City Code By Relocating Certain Alcoholic Beverage Establishment Regulations From Chapter 142 And Placing Those Provisions In Chapter 6; Providing For Hours Of Operation; Location And Use Restrictions; Patron Age Restrictions; Minimum Seats And Hotel Rooms Requirements; By Amending Article II, “Conduct,” By Modifying And Creating Definitions; Providing For Repealer; Severability; Codification; Exceptions; And An Effective Date. 5:01 p.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading Public Hearing on February 10, 2016 - R5F1) ACTION: Ordinance 2016-4004 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán; Ballot-vote: 6-0; Absent: Mayor Levine. March 9, 2016 R5E An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “Public Property,” By Amending Article IV, “Uses In Public Rights-Of-Way,” By Amending Division 5, “Sidewalk Cafes,” By Amending Subdivision II, “Permit,” By Amending Section 82- 382, Entitled “Application,” And Section 82-383, Entitled “Permit Fee; Penalties For Late Payment; Review Of Fee; Exception,” To Abate Sidewalk Cafe Permit Fees, Including Annual Permit Application Fees And Square Footage Fees, For Businesses Participating In The City’s Washington Avenue Pilot Parklet Program, Which Program Shall Terminate On March 31, 2017; And Providing For Repealer, Codification, Severability, And An Effective Date. 10:25 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Office of the City Attorney/Transportation) (First Reading on January 13, 2016 - R5Q) ACTION: Ordinance 2016-4003 adopted as amended. Title of the Ordinance read into the record. Item heard with R5I. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff; Ballot-vote: 7-0. March 9, 2016 2. An Ordinance Amending The Code Of The City Of Miami Beach, Subpart B, Entitled “Land Development Regulations,” Of Chapter 142, Entitled “Zoning Districts And Regulations,” By Amending Article II, Entitled “District Regulations,” By Amending Division 2, Entitled “RS-1, RS- 2, RS-3, RS-4 Single-Family Residential Districts,” By Amending Section 142-109, Entitled “Commercial Use Of Single-Family Homes Prohibited,” By Amending Subsection (c)(1)b, Requiring An Owner Or Resident To Submit An Affidavit To The City Manager Identifying The Limited Commercial Use At The Residential Property; By Amending Subsection (d) That Requires Notification To Be Remitted To The Tax Collector And Property Appraiser By The Code Compliance Director, And Establishing A Rebuttable Presumption Standard For Advertising And Advertisement Evidence, And Increasing Those Monetary Fines For Violations Of Section 142-109; By Creating Subsection (f), Entitled “Enhanced Penalties,” Which Establishes Enhanced Penalties For Violations Of Section 142-109; And Providing For Repealer, Severability, Codification, And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Sponsored by Mayor Philip Levine & Co-Sponsored by Commissioner John Elizabeth Alemán) (Legislative Tracking: Office of the City Attorney) (First Reading on February 10, 2016 - R5J) ACTION: Ordinance 2016-4002 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff; Ballot-vote: 7-0. March 9, 2016 R5D Accessory Uses In Single Family Homes And Short Term Rental Of Apartments Or Townhomes; Commercial Use Of Single Family Homes Prohibited 1. An Ordinance Amending The Code Of The City Of Miami Beach, Subpart B, Entitled “Land Development Regulations,” Of Chapter 142, Entitled “Zoning Districts And Regulations,” By Amending Division 2, Entitled “Accessory Uses”; By Amending Section 142-905, Entitled “Permitted Accessory Uses In Single-Family Districts,” By Amending Subsection (b)(5)a, Which Increases The Monetary Fines For Violations Of Subsection 142-905(b)(5), And Requiring Notification To Be Remitted To The Miami-Dade Tax Collector And Property Appraiser By The Code Compliance Director, By Establishing A Rebuttable Presumption For Advertising And Advertisement Evidence; And Creating Subsection (b)(5)b, Entitled “Enhancement Penalties,” Which Establishes Enhanced Penalties For Violations Of Subsection (b)(5); By Amending Article IV, Entitled “Supplementary District Regulations,” By Amending Division 3, Entitled “Supplementary Use Regulations,” By Amending Section 142-1111, Entitled “Short-Term Rental Of Apartment Units Or Townhomes,” By Amending Subsection (d), Which Increases The Monetary Fines For Violations Of Subsection 142-1111(a), And Requiring Notification To Be Remitted To The Miami-Dade Tax Collector And Property Appraiser By The Code Compliance Director, By Establishing A Rebuttable Presumption For Advertising And Advertisement Evidence; And Creating Subsection (d)(5), Entitled “Enhanced Penalties,” Which Establishes Enhanced Penalties For Violations Of Subsection 142-1111(a); And Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Sponsored by Mayor Philip Levine & Co-Sponsored by Commissioner John Elizabeth Alemán) (Legislative Tracking: Office of the City Attorney) (First Reading on February 10, 2016 - R5G) ACTION: Ordinance 2016-4001 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to approve with the policy direction; Ballot-vote: 7-0. March 9, 2016 R5C Concurrency Exemption An Ordinance Amending The City Code, By Amending Chapter 122, “Concurrency Management,” By Amending Section 122-5, “Exemptions From Concurrency,” To Authorize The City Commission To Exempt, By Resolution, Temporary Uses In Public Rights-Of-Way From The City’s Concurrency Requirements, And To Require The City Commission To Set Forth The Geographic Areas, Criteria, And Duration For Any Such Exemption; And Providing For Repealer, Codification, Severability, And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Legislative Tracking: Planning) (Sponsored by Commissioner Joy Malakoff) (First Reading on January 13, 2016 - R5R) (First Reading on February 10, 2016 - R5H) ACTION: Ordinance 2016-4000 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Vice-Mayor Steinberg; Ballot-vote: 6-0; Absent: Commissioner Arriola. March 9, 2016 R5B Consolidation Of Notification Procedures For Single Family Home Determination Of Architectural Significance An Ordinance Striking The Remaining Notice Provisions Contained Within Chapter 142, Entitled “Zoning Districts And Regulations”, At Section 142-108, Entitled “Provisions For The Demolition Of Single-Family Homes Located Outside Of Historic Districts” In Order To Ensure Consolidation Of All Notice Provisions In New Section 118-8 Entitled “Notification Procedures;” By Amending Section 142-108 To Cross-Reference With Section 118-8; And By Amending Section 118-8 To Include Notice Requirements For Administrative Decisions Requiring Review; Providing For Repealer; Severability; Codification; And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on February 10, 2016 - R5H) ACTION: Ordinance 2016-3999 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Alemán; Ballot-vote: 6-0; Absent: Commissioner Rosen Gonzalez. March 9, 2016 R5A An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled “Administration,” By Amending Article III, Entitled “Agencies, Boards And Committees,” By Amending Division 11, Entitled “Committee On The Homeless,” By Amending And Updating The Provisions Regarding The Composition, Knowledge, And Experience Of Board Members, And City Departmental Support; And Providing For Repealer, Severability, Codification, And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner John Elizabeth Alemán) (Legislative Tracking: Housing & Community Services) (First Reading on February 10, 2016 - R5I) ACTION: Ordinance 2016-3998 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Arriola; Ballot-vote: 7-0. February 10, 2016 R5E An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled “Administration,” By Amending Article IV, Entitled “Officers And Employees,” By Amending Division I, Entitled “Generally,” By Amending Section 2-191 Entitled “Enumeration Of Organizational Units,” By Creating The Environment And Sustainability Department; And Providing For Repealer, Severability, Codification, And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Sponsored by Vice-Mayor John Elizabeth Alemán) (Legislative Tracking: Human Resources) (First Reading on January 13, 2016 - R5P) ACTION: Ordinance 2016-3997 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Alemán; seconded by Commissioner Malakoff; Ballot- vote: 7-0. February 10, 2016 R5D An Ordinance Amending Chapter 78 Of The Code Of The City Of Miami Beach, Entitled “Personnel,” By Amending Article I, Entitled “In General,” By Amending Section 78-2, Entitled “Reserved,” To Codify Requirements For Criminal History Record Checks For Certain Municipal Employees, Appointees, Contractors, Employees Of Contractors, And Vendors, In Accordance With State Law; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Human Resources) (First Reading on January 13, 2016 - R5O) ACTION: Ordinance 2016-3996 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Vice-Mayor Alemán; seconded by Commissioner Grieco; Ballot- vote: 7-0. February 10, 2016 R5C An Ordinance Amending Chapter 30 Of The Miami Beach City Code, Entitled “Code Enforcement,” By Amending Article II, Entitled “Special Master,” By Amending Section 30-37, Entitled “Terms Of Office; Compensation”; By Amending The Compensation Of The Special Master(s); Providing For Codification, Repealer, Severability, And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Sponsored by Michael Grieco) (Legislative Tracking: Office of the City Attorney) (First Reading on January 13, 2016 - R5N) ACTION: Ordinance 2016-3995 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Grieco; seconded by Vice-Mayor Alemán; Ballot- vote: 7-0. February 10, 2016 R5B Required Off Street Loading Spaces An Ordinance Amending Chapter 130 “Off Street Parking,” Article IV, “Off-Street Loading,” By Modifying The Requirements For Calculating And Providing Required Loading Spaces For Existing Buildings, Changes In Use And New Construction, Including Enclosed Structures Used For The Storage And Parking Of Vehicles; Providing For Repealer; Severability; Codification; And An Effective Date. 10:05:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on January 13, 2016 - R5L) ACTION: Ordinance 2016-3994 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco; Ballot-vote: 6-1; Opposed: Commissioner Rosen Gonzalez. February 10, 2016 R5A Sustainability And Resiliency An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By Establishing Chapter 133, Entitled “Sustainability And Resiliency;” Establishing Requirements For Green Building Certification As A Requirement During Zoning Review Of New Projects Over A Certain Size (“Eligible Project(s)”); Establishing A Sustainability Fee Program For Projects That Do Not Achieve The Required Green Building Certification Level; Authorizing Property Owners And Developers To Pay A Sustainability Fee, Or, In The Alternative, Post A Bond, In The Amount Of Five Percent (5%) Of The Total Construction Cost For The Eligible Project(s), Into The City’s Sustainability Fund, Which Bond Or Funds Are Reimbursable To The Property Owner Or Developer Pursuant To The Level Of Green Building Compliance Achieved By The “Eligible Project”; Establishing A Sustainability And Resiliency Fund For The Deposit Of The Sustainability Fees Generated Through The Sustainability Fee Program, And Providing The Uses For Which The Fees Deposited In The Sustainability And Resiliency Fund Can Be Used; And Repealing Chapter 100, Entitled “Sustainability” As Duplicative And Contradictory To The Sustainability And Resiliency Revisions Of Chapter 133; Providing For Review; Applicability; Codification; Repealer; Severability; And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Planning) (First Reading on January 13, 2016 - R5K) ACTION: Ordinance 2016-3993 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Steinberg; seconded by Commissioner Malakoff; Ballot-vote: 7-0. January 27, 2016 R5A CD-2 Height For Mixed-Use On Alton Road An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142 “Zoning Districts And Regulations,” Article II “District Regulations”, Division 5, “CD- 2, Commercial, Medium-Intensity District,” At Section 142-306, “Development Regulations,” By Increasing The Maximum Permitted Height For Properties On The West Side Of Alton Road From 6th Street To Collins Canal Providing For Codification; Repealer; Severability; And An Effective Date. 5:01 p.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on January 13, 2016 - R5M) ACTION: Ordinance 2016-3992 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola; Ballot-vote: 7-0. January 13, 2016 R5G An Ordinance Amending Miami Beach City Code Chapter 2 “Administration,” Article VII “Standards Of Conduct,” Division 5 “Campaign Finance Reform,” Encompassing City Code Sections 2-487 “Prohibited Campaign Contributions By Vendors,” City Code Section 2-488 “Prohibited Campaign Contributions By Lobbyists On Procurement Issues,” City Code Section 2-489 “Prohibited Campaign Contributions By Real Estate Developers,” And City Code Section 2-490 “Prohibited Campaign Contributions By Lobbyists On Real Estate Development Issues,” By Providing That, Commencing On March 1, 2016, Members Of The City Commission Or Candidates For Said Offices Shall Be Prohibited From Either Directly Or Indirectly Soliciting, Accepting Or Depositing Any Campaign Contribution Regarding City Elected Office From A Vendor, Lobbyist On A Procurement Issue, Real Estate Developer, Or Lobbyist On A Real Estate Development Issue; Providing For Repealer, Severability, Codification, And An Effective Date. 10:30 a.m. Second Reading Public Hearing (Sponsored by Commissioners Micky Steinberg & Michael Grieco Co-Sponsored by Mayor Levine, Vice-Mayor Alemán & Commissioners Arriola, Malakoff and Rosen Gonzalez) (Legislative Tracking: Office of the City Attorney) (Continued from December 9, 2015 - R5G) ACTION: Ordinance 2016-3991 adopted as amended. Title of the Ordinance read into the record. Item co-sponsored by the remainder of the City Commission. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Steinberg; Ballot-vote: 7-0. January 13, 2016 R5F An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled “Administration,” By Amending Article VI, Entitled “Procurement,” By Amending Division 3, Entitled “Contract Procedures,” By Amending Section 2-375, To Be Entitled “Non- Discrimination; Contract Requirements; Waiver,” To Provide That The City Shall Not Procure Goods Or Services From, Or Otherwise Contract With, A Business Which Engages In The Boycott Of A Nation Or Country, Or A Business Which Blacklists Or Otherwise Refuses To Deal With A Person Or Entity Based On Race, Color, National Origin, Religion, Sex, Intersexuality, Gender Identity, Sexual Orientation, Marital Or Familial Status, Age, Or Disability, And Providing Definitions, Requirements For City Contracts, And Waiver Provisions; Providing For Repealer, Codification, Severability, And An Effective Date. 10:25 a.m. Second Reading Public Hearing (Sponsored by Mayor Philip Levine & Co-Sponsored by Commissioner Kristen Rosen Gonzalez) (Legislative Tracking: Office of the City Attorney) (First Reading on December 9, 2015 - R5O) ACTION: Ordinance 2016-3990 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola; Ballot-vote: 7-0. January 13, 2016 R5E An Ordinance Granting To Peoples Gas System, A Division Of Tampa Electric Company, Its Successors And Assigns, A Non-Exclusive Natural Gas Franchise Agreement To Use The Public Rights-Of-Way Of The City Of Miami Beach, Florida, And Prescribing The Provisions And Conditions Under Which Said Franchise Shall Be Exercised; Providing For Monthly Payments To The City; Providing An Effective Date; And Repealing Prior Ordinance. 10:20 a.m. Second Reading Public Hearing (Public Works) (This Franchise Agreement is not a true “Ordinance” that falls within the sponsorship requirements set forth within Section 2-12 of the Miami Beach City Code.) (First Reading on December 9, 2015 - R5N) ACTION: Ordinance 2016-3989 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco; Ballot-vote: 7-0. January 13, 2016 R5D Electric Vehicle Parking An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 130, “Off-Street Parking,” Article II, “Districts; Requirements,” By Creating Section 130- 39, Entitled “Electric Vehicle Parking Requirements,” To Provide Minimum Requirements For Electric Vehicle Parking Spaces And Charging Stations; Amending Article III, “Design Standards,” By Creating Section 130-72, Entitled “Electric Vehicle Parking Space Standards,” To Establish Design Standards For Electric Vehicle Parking Spaces; And Amending Article V, “Fee In Lieu Of Parking Program,” Section 130-132, Entitled “Fee Calculation,” To Establish An Additional Fee In Lieu Of Parking For Electric Vehicle Parking Spaces, And Section 130-134, Entitled “Deposit Of Funds; Account,” To Provide That Funds Generated By The Additional Fee In Lieu Of Parking For Electric Vehicle Parking Spaces Shall Be Deposited In The City’s Sustainability And Resiliency Fund; Providing For Codification, Repealer, Severability And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Planning) (First Reading on December 9, 2015 - R5L) ACTION: Ordinance 2016-3988 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Steinberg; seconded by Commissioner Malakoff; Ballot-vote: 7-0. January 13, 2016 R5C Single Family Regulations - Lot Coverage, Unit Size, Height, Setbacks, And Courtyards An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, “Zoning Districts And Regulations,” Division 2, “RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,” At Sections 142-105, 142-106, And 142-108, By Modifying, Simplifying, And Clarifying How Lot Coverage, Unit Size, Roof Deck, Height, Setback, And Courtyard Requirements Are Applied In The Single Family Residential Districts; Eliminating Certain Design Review Waivers For Second Floor Volume And Side Elevation Requirements; Providing Codification; Repealer; Severability; And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on December 9, 2015 - R5K) ACTION: Ordinance 2016-3987 adopted as amended. Title of the Ordinance read into the record. Public Hearing held. Commissioner Malakoff made a motion to adopt the setbacks portion, which is in the Planning Board version of the Ordinance, and the portion about reducing lot size and lot coverage will not come in front of the City Commission for at least six months, seconded by Vice-Mayor Alemán. Ballot-vote: 7-0. January 13, 2016 R5B Traffic Study Requirements An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 118, “Administration And Review Procedures,” Article VI, “Design Review Procedures,” At Section 118-253, By Including Application Requirements For Design Review Board Applications, To Include Threshold Requirements For The Submission Of Traffic Studies, And By Amending Chapter 118, “Administration And Review Procedures,” Article X, "Historic Preservation," Division 3, “Issuance Of Certificate Of Appropriateness To Dig/Certificate Of Appropriateness For Demolition,” At Section 118-562, By Including Threshold Requirements For The Submission Of Traffic Studies For Historic Preservation Board Applications; Providing For Codification; Repealer; Severability; And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Planning) (First Reading on December 9, 2015 - R5J) ACTION: Ordinance 2016-3986 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Steinberg; seconded by Commissioner Malakoff; Ballot-vote: 7-0. January 13, 2016 R5A Art In Public Places Review Process An Ordinance Amending The City Code, By Amending Chapter 82, "Public Property," Article VII, “Art In Public Places," Division 4, "Procedures," At Section 82-612, "Selection Of Artists And Works Of Art," In Order To Amend The Procedures For Selecting Artists; Providing For Codification; Repealer; Severability, And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Tourism, Culture & Economic Development) (First Reading on December 9, 2015 - R5I) ACTION: Ordinance 2016-3985 adopted. Title of the Ordinance read into the record. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco; Ballot-vote: 7-0.