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2003-3402 OrdinanceORDINANCE NO. 2003-3402 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING DIVISION 2, "PLANNING BOARD," SECTION 118-53, "COMPOSITION;" AMENDING DIVISION 3, "DESIGN REVIEW BOARD," SECTION 'Il 8-72, "MEMBERSHIP;" AMENDING DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION. J18-104 "APPOINTMENT," IN ORDER TO CLARIFY EXISTING LANGUAGE AND CHANGE THE VOTING REQUIREMENT FOR CITY COMMISSION APPOINTMENT OF BOARD MEMBERS TO A 417ths VOTE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 118 of the Land Development Regulations of the Code of the City of Miami Beach contains various provisions regulating the appointment of members to the City's development review boards by the City Commission; and WHEREAS, the City Commission requested that the voting requirements for appointment to these development review boards be changed; and WHEREAS, the City Commission requested that an amending ordinance be presented to the Planning Board for review and recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section '1. That Division 2, "Planning Board," Section 118-53, "Composition," is hereby amended as follows: DIVISION 2. PLANNING BOARD Sec. 118-53. Composition. (a) The planning board shall be composed of seven regular voting members a~l-twe-ex- ,~;,-~;* ..... *~ with the e~o~membem. Each regular member shall be appointed b:,' 3 .... j .... ~ .... concurrence of at least four members of the City Commission. Each regular voting member shall serve for a term of two years. The planning director or des .qnee, and city attorney shall serve in an ~v ,.~,.~,, advisory capacity w!th ..... *; ..... ~'"'~*" Section 2. That Division 3, "Design Review Board," Section 118-72, "Membership," is hereby amended as follows: DIVISION 3. DESIGN REVIEW BOARD Sec. 118-72. Membership. (a) Composition. The design review board shall be composed of seven regular members c~d t,.':c =× cff!c!c m=m~cm The seven regular members shall consist of three registered architects, one registered landscape architect, one registered architect, professional designer or professional urban planner and two citizens at large. Th= ~;:c 1 of 3 c× cff!clc ...................................... -- appointed by the city manager from an eligibility list provided by the mayor's barrier free environment committee shall serve in an advisory capacity with no votinq authority. The Planning Director, or designee and the city attorney's effi,se or designee shall p;cv!de legal-r, eunsel serve in an advisory capacity· (b) Appointment· DesiRn Review Board members shall be appointed with the concurrence of at least four members of the c__¢~y_commission. Th~ · · ~,,, - ~ ......... *~-~ vctR. An eligibility list for these professional membership categories may include, but shall not be limited to, suggestions from the following professional and civic associations as listed below: (1) American Institute of Architects, local chapter. (2) American Society of Landscape Architects, local chapter. (3) The Miami Design Alliance. (4) American Planning Association, local chapter. (5) The Miami Design Preservation League and Dade Heritage Trust. (6) Other city civic, neighborhood and property owner associations. Thc ~"c .............. ~ ............ Section 3. That Division 4, "Historic Preservation Board," Section 118-104, "Appointment," is hereby amended as follows: DIVISION 4. HISTORIC PRESERVATION BOARD Sec. 1 (a) 18-104. Appointment. Historic preservation board members shall be appointed by with the concurrence of at least four members of the city commission. An eligibility list solicited from, but not limited to, the organizations listed in this section may be considered by the city commission in selecting board members: (1) American Institute of Architects, local chapter. (2) Miami Design Preservation League. (3) Miami Beach Chamber of Commerce. (4) Miami Beach Development Corporation. (5) Dade Heritage Trust. (6) Florida Engineer Society, local chapter. (7) Any other organization deemed appropriate by the city commission. Section 4. Repealer All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 of 3 Section 5. Severability If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 6. Codification It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the work "ordinance" may be changed to "section," "article," or other appropriate word. Section 7. Effective Date This ordinance shall take effect 10 days after adoption. ,/~ Passed and adopted this 19th day of ¥~a~:ch ,2003/~// j ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION First Reading: Second Reading: Verified by: Jorge G. Gomez, AICP Planning Director Underscore denotes new language F:\PLAN\$PLB\draff ordinances\1598 cc board apptmt.doc v '~i~Attorney Date 3 of 3 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: An Ordinance of the Mayor and City Commission changing the required votes from 5/7ths to 4/7ths in order for the City Commission to appoint members to development boards. Issue: Should the City Commission consider amending the Land Development Regulations in order to change the voting requirements for appointments to the development boards? Item Summary/Recommendation: Changing the voting requirements for the City Commission to appoint members to the City's development boards from a 5/7ths to a 4/7tbs. The Administration recommends that the City Commission approve the ordinance. Advisory Board Recommendation: IPlanning Board - on January 28, 2003 voted 6-0 (one member absent) to recommend to the City Commission approval of the proposed ordinance modifying the required votes to 4/7ths instead of a majority, which may be interpreted as a majority of those Commissioners present at the time of nominations. Financial Information: Funds: I 2 Finance Dept. Tbtal City Clerk's Office Legislative Tracking: I Mercy Lamazares/Jorge G. Gomez, Planning Department Sign-Offs: T:'tAGENDA~003~mar1903~regular~1598 votes brd apptms 2nd rdg 3-19 sum.doc DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~ www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: March 19, 2003 Jorge M. Gonzalez I~ ,~ City Manager Second Reading Public Hearin~l Required votes by the Commission to appoint board members. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING DIVISION 2, "PLANNING BOARD," SECTION 118-53, "COMPOSITION;" AMENDING DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-72, "MEMBERSHIP;" AMENDING DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION. 118-104 "APPOINTMENT," IN ORDER TO CLARIFY EXISTING LANGUAGE AND CHANGE THE VOTING REQUIREMENT FOR CITY COMMISSION APPOINTMENT OF BOARD MEMBERS TO A 4/7ths VOTE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the ordinance. BACKGROUND During the City Commission meeting of November 28, 2001, the Commission referred to the Land Use and Development committee the question of an ordinance change to the Design Review Board voting criteria whereby approval of an application would be by a majority of members present rather than an affirmative vote of four regular members. The problem this referral was trying to correct was that on several occasions, the Design Review Board was conducting meetings with only the required quorum of four regular members present, and all four members had to vote in the positive for an application to be approved. Several applications were either continued or denied because the Board either did not have a full membership, or members were absent. Planning Department staff drafted an ordinance changing the voting requirements for a Design Review Board approval of an application from an affirmative vote of 5, to an affirmative vote of the majority of the members present. The Land Use and Development Committee reviewed the proposed ordinance at its February 5, 2002 meeting and rejected it. The City Commission requested that a new ordinance be drafted changing the voting requirements for City Commission appointments from a 5/7ths vote to a majority vote. The Commission Memorandum March '/9, 2003 First reading - Required votes to appoint board members Page 2 of 3 Commission also requested that the composition of the Board of Adjustment be amended to increase the number of members from 5 to 7. Both of these requests were referred to the Planning Board and a new proposed ordinance for the appointments of members to the Planning Board, Design Review Board and Historic Preservation Board is attached. The change of membership for the Board of Adjustment is not being presented at this time, as this item requires a Charter amendment. ANALYSIS The proposed ordinance consists of the following: Section 1. The Planning Board membership section of the Code (Section 118-53) already provides for appointments to be by a majority vote of the City Commission. The purpose of the amendment being proposed is to remove the "ex-officio" members as obsolete, and also to change the majority vote to a 4/7ths vote, or simple majority, as was recommended by the Planning Board. Section 2. The proposed amendment to the Design Review membership section of the Code (Section 118-72) also removes the "ex-officio" members as obsolete and clarifies that one person selected by the City Manager from an eligibility list provided by the Mayor's Barrier Free Environment Committee serves in an advisory capacity, with no voting authority. In addition, a provision has been added for the appointment of Board members by the City Commission would be by a majority vote rather than 4/7ths. Section 3. The proposed amendment to the Historic Preservation Board membership section of the Code (Section 118-104) also proposes to include a provision for the appointment of Board members by the City Commission to be by a 4/7ths vote rather than 5/7ths. The purpose for these amendments is one of achieving efficiency and effectiveness. The appointments to these development boards are collective and not one per commissioner, as the experience in the past has been one of going through several rounds of voting before any one individual gets five votes from the entire commission. It has been a frustrating process for the Commission, even to the extent of calling for special meetings in order to accomplish the task of making these appointments. These proposed amendments seek to make the process less onerous so that appointments can be made timely. PLANNING BOARD ACTION At the January 28, 2003 meeting, the Planning Board voted 8-0 (one member absent) to recommend that the City Commission approve the proposed ordinance, but modified the voting requirement from majority to 4/7tbs. The Board stated that in this way it is not the majority of those present, but the majority of the Commission. Commission Memorandum March 19, 2003 First reading - Required votes to appoint board members Page 3 of 3 COMMISSION ACTION At the February 26, 2003 meeting, the Commission approved the proposed ordinance on first reading. CONCLUSION Pursuant to Section 118-164 (3) of the City Code, since the proposed ordinance does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the ordinance may be read by title or in full on at least two separate days, and shall be noticed in a newspaper of general circulation at least ten days prior to adoption. Immediately following the public hearing at the second reading, the Commission may adopt the ordinance. JMGICMCIJGGIML T:~AGENDA~2003~mar1903~regular~1598 votes brd appt 2nd rdg 3-19.doc The Herald's Arts section on Sundays highlights l°cal_ entertainment CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS ....... NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach Florida, on Wednesday, March 19, 2003, at the times listed below to consider the following on first reading: at 11:30 a.m.: '. AN ORDINANCE CHANGING THE DATE FOR A CITY OF MIAMI BEACH RUN-OFF ELECTION NOVEMBER 11, 2003 TO TUESDAY, NOVEMBER 18, 2003; PROVIDING FOR REPEALER, CODIFICATION, AND AN EFFECTIVE DATE. Inquiries may be directed to the Legal Department at (305) 673-7470. at 11:35 a.m.: AN ORDINANCE AMENDING CHAPTER 118 "ADMINISTRATION AND REVIEW PROCEDURES," BY~ DIVISION 2, "PLANNING BOARD," SECTION 118-53, "COMPOSITION;" AMENDING DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-72, 'MEMBERSHIP;" AMENDING DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION. 118-104 "APPOINTMENT," IN ORDER TO CLARIFY EXISTING LANGUAGE AND CHANGE THE VOTING REQUIREMENT FOR CITY COMMISSION APPOINTMENT OF BOARD MEMBERS TO A 4/7THS VOTE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE · t 2:00 p.m.: AN ORDINANCE AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," BY AMENDING SECTION 6-3 "HOURS OF SALE," BY EXTENDING THE HOURS FOR THE SALE OF BEER AND WINE FOR CONSUMPTION OFF THE PREMISES FROM 11:00 P.M. TO 12 MIDNIGHT; BY AMENDING SECTION 6-4 "LOCATION AND USE RESTRICTIONS,"-TO CLARIFY THE RESTRICTION OF SALES OF ALCOHOLIC BEVERAGES IN FILLING STATIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Inquiries may be directed to the Planning Department at (305) 673-7550. ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1si Floor, City Hall, Miami Beach, Florida 33~ 39. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: If a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible fore, at, or to request sign language interpreters, should contact the City Clerk's office at (305) 673-741I, no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955-8771 (TTY) or {800) 955-8770 (VOICE).