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2007-3554 Ordinance 2007-3554 ORDINANCE NO. 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 118 "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II "BOARDS," DIVISION 5 "BOARD OF ADJUSTMENT" SECTION 118-131 "MEMBERSHIP" TO CHANGE THE TERM OF THE BOARD MEMBERSHIP FROM ONE TO TWO YEARS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 118-131 of the City Code governs the membership of the Board of Adjustment, and largely tracks the language of Article 1, Section 2 of the City's Related Special Acts; and WHEREAS, Section 118-131 states that the Board of Adjustment shall consist of seven voting members, and specifies that board members shall be appointed for a term of one year by a five-sevenths vote of the city commission; and WHEREAS, at the September 6, 2006 meeting, the City Commission approved Resolution 2006-26277, placing a question on the ballot asking the electorate if the Related Special Acts of the City's Charter should be amended to change the term of appointment for Board of Adjustment members from one year to two year staggered terms.; and WHEREAS, On November 7, 2006, the electorate voted to approve the ballot question, to amend the Related Special Acts of the Charter; and WHEREAS, an ordinance is necessary to amend the Land Development Regulations of the City Code in order to reflect the change in the Charter; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 118 "Administration And Review Procedures," Article " "Boards," Division 5 "Board Of Adjustment" Section 118-131 "Membership" is hereby amended as follows: Sec. 118-131. Membership. The board of adjustment shall be composed of seven voting members. Two members shall be appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, architecture, engineering, real estate development, certified public accounting, financial consultation and general business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the state; the member representing general business shall be of responsible standing in the community. Members shall be appointed for a term of two eRe year~ by a five-sevenths vote of the city commission. Members of the board must be either residents of or have their principal place of business in the city. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following a PASSED and ADOPTED this 11 th day of Apr' ,2007. A~a Pttl~ CITY CLERK First Reading:March Second Reading:Ap APPROVED AS TO ~ FORM AND LANGUAGE & FOR EXECUTION ""iJI- City Attorney ~ Verified by: Underscore dotes new language Strikethrough denotes deleted language T:\AGENDA\2007\apr1107\Regular\BOA membership terms ord 4-11-2007.doc COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118 "Administration And Review Procedures," Article II "Boards," Division 5 "Board Of Adjustment" Section 118-131 "Membership" To Change The Term Of The Board Membership From One To Two Years; Providinq For Repealer; Codification; Severabilitv And An Effective Date. Ke Intended Outcome Su orted: Increase satisfaction with development and growth management across the City. Issue: Shall the City Commission approve ordinance, codifying the change to the Charter, increasing the Board of Ad'ustment membershi term to two ear sta ered terms? Item Summarv/Recommendation: On November 7,2006, the electorate voted to approve a ballot question amending the Related Special Acts of the City's Charter to change the term of appointment for Board of Adjustment members from one year to two year staggered terms. This ordinance simply amends the Land Development Regulations of the City Code in order to codify the changes to the Charter that have already been approved, On March 14,2007, the City Commission approved the ordinance on first reading. Adviso Board Recommendation: On Janua 23, 2007, the Plannin Board recommended a roval of the ordinance. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 aSPI Total Financial Impact Summary: n/a Cit Clerk's Office Le islative Trackin Jorge Gomez, Planning Director tant City Manager City Manager lD ~ MIAMIBEACH AGENDA/TEM DATE RSD l{-I!-()) lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~ April 11, 2007 a {/ AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118 "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II "BOARDS," DIVISION 5 "BOARD OF ADJUSTMENT" SECTION 118-131 "MEMBERSHIP" TO CHANGE THE TERM OF THE BOARD MEMBERSHIP FROM ONE TO TWO YEARS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. DATE: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the ordinance upon second reading public hearing. BACKGROUND At the September 6,2006 meeting, the City Commission approved Resolution 2006-26277, placing a question on the ballot asking the electorate if the Related Special Acts of the City's Charter should be amended to change the term of appointment for Board of Adjustment members from one year to two year staggered terms. On November 7,2006, the electorate voted to approve the ballot question, to amend the Related Special Acts of the Charter. This proposed ordinance would amend the Land Development Regulations of the City Code in order to reflect the change in the Charter. On January 23, 2007, the Planning Board recommended approval of the ordinance. On March 14,2007, the City Commission approved the ordinance on first reading. ANAL YSIS Section 118-131 of the City Code governs the membership of the Board of Adjustment, and largely tracks the language of Article 1, Section 2 of the City's Related Special Acts. It states that the Board of Adjustment shall consist of seven voting members, specifies the required composition of the board from a number of professions, and defines the role of the Board to hear and decide variances and administrative appeals. This section also specifies that board members shall be appointed for a term of one year by a five-sevenths vote of the city commission. Board of Adjustment Membership Terms Ordinance Apri/11, 2007 Page 2 of 2 However, for all the other land use boards of the City (Planning Board, Historic Preservation Board, and Design Review Board), the City Code specifies that members terms shall be for two years. The practice of appointing board members for two year terms, on a staggered rotation, has in past ensured that a reasonable number of board members have served on the various land use boards for at least some time, and that some continuity and "institutional memory" can be maintained. Conversely, the Board of Adjustment members have in past expressed the desire that their board could also have two year staggered terms, to avoid the constant problem of new members all coming on to the board at the same time. CONCLUSION This ordinance simply amends the Land Development Regulations of the City Code in order to reflect the changes to the Charter that have already been approved. JMG/TH/JGG/RGL T:\AGENDA\2007\apr1107\Regular\BOA Membership Terms summary 4-11-2007.doc . ~ MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NDTlCE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, April 11, 2007, to consider the following: , 10:15 a.m. I, M Ordinance Amending Ordinance No.789, The ClasSified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Classifications In Group III, Represented By The International Association Of Rrefighters (lAFF) In Accordance With The Negotiated Agreement; Effective In The First Pay Period . Ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In October Of 2007, There Shall Be An Across The Board Wage Increase Of Ave Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Five Percent (5%); Effective In The Rrst Pay Period 'Ending In October 2008, There Shall Be An Across The Board Wage Increase Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Four Percent (4%); Repealing All Ordinances In Conflict, Inquiries may be directed to the Human Resources Department at (305) 673-7520, 1~6a~ _ An Ordinance Amending Ordinance No, 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of Mnual And Sick Leave For The International Order Of Firefighters (IAFF), ' Inquiries may be directed to the Human Resources Department at (305) 673-7520, 10:17 a.m. M Ordinance Amending Article V, Occupational License Tax, Sections 102-356 Through 102-385 Thereof, By Changing The Term "Occupational License Tax" To "Local Business Tax"; Defining The Term "Receipt" As It Relates To Business Taxes; All Such Amendments Amending Provisions In The Aforementioned City Code Sections To Conform With The Recent Amendment To Chapter 205, Florida Statutes (Pursuant To Chapter 2006-152, Laws Of Florida, And House Bill No, )269) IlXluiries may be directed to the Rnance Department at (305) 673-7466, 10:18 a.m. , M Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118 "Administration And Review Procedures," Article II "Boards," Division 5 "Board Of Adjustment" Section 118-131 "Membership" To Change The Term Of The Board Membership From One To Two Years, Inquiries may be directed to the Planning Department at (305) 673-7550. 10'.20 a.m. M Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 118, "Administration And Review Procedures," Article VIII, "Procedure For Variances And Administrative Appeals", Section 118-353 "Variance Applications," To Prohibit Variances For The Maximum Number Of Stories, Or Any Maximum Building Height Variance Greater Than Three (3) Feet. . , Inquiries may be directed to the Planning Department at (305) 673-7550, 10:30 a.m. , An Ordinance Amending Chapter 6 Of The Miami Beach City Code Entitled "Alcoholic Beverages' By Amending Article I Thereof Entitled "In General," By Amending Section 6-3 Entitled "Hours Of Sale," By Providing For Extended Hours Of On-Premises Consumption Of Alcoholic Beverages For Certain Alcoholic Beverage Establishments And Under Certain Specified Conditions On January 1 st (New Ytar's Day), And During Other Major Event Days And Weekends As May Be Designated By The City Manager, ' Inquiries may be directed to the City Manager's Office at (305) 673-7010. 10:45 a.m. An Ordinance Amending Miami Beach City Code Chapter 18 Entitled "Businesses" By Repealing Article 't-J Thereof Entitled "Street Performers And Art Vendors," And Replacing Therewith A New Article XV Entitled "Street Performers And Art Vendors," Authorizing Street Performers And Art Vendors On "Lincoln Road" (As Defined Herein) Following Receipt Of A Permit Subject To Certain Conditions And Permit Fees; Providing Definitions, Setting Forth Terms, Conditions And Regulations For Permits Issued To Street Performers And Art Vendors; Providing For Enforcement, Suspension Or Revocation, Inquiries may be directed to the City Manager's Office at (305) 673-7010, INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139, Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and 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 admissi~n of otherwise inadmissible or irrelevant evidt~ce, nor does it authorize challenges or appeals not otherwise allowed by law, I To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to , 'review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to I, Initiate your request, TTY users may also call 711 (Florida Relay Service), . l Ad #431 i9 , ,... o o N a;- N ::I: U c:: <I: ~ > <I: o Vl c:: ::> ::I: >- Cl ~ w :z: E ~ E w :z: ... E 8 -d ~ '" ::I: E '" :f CD L