2007-3555 Ordinance
2007-3555
ORDINANCE NO. .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH 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; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, Sec!ion 118-353 of the City Code governs the Board of Adjustment and its
procedures, criteria and jurisdiction for granting Variances within the City of Miami Beach; and
WHEREAS, at the September 6, 2006 meeting, the City Commission approved
Resolution 2006-26278, placing a question on the ballot asking the electorate if the Related
Special Acts of the City's Charter should be amended to prohibit the granting of variances by
the Board of Adjustment for any height variance greater that three (3) feet, or any variance from
a property's allowable number of stories (floors); 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 VIII,
"Procedure for Variances and Administrative Appeals", Section 118-353 "Variance Applications,"
is hereby amended as follows:
Sec. 118-353. Variance applications.
(a) An application for a variance for the following items is prohibited: Floor area ratio,
required parking (except as provided for in these land development regulations), a request
pertaining to the reduction of an impact fee, eF-fef: lot area when determining floor area ratios~
maximum number of stories, or any maximum buildinq heiqht variance qreater than three (3)
feet.
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herewith be and the same are hereby repealed.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.
~t_ec<<~
CI CLERK
M
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following ado
PASSED and ADOPTED this 11 th day of
First Reading: March 14, 2007
Second Reading: April 11, 2007
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXE UTION
~ > 07
Date
Verified by:
Underscore denotes new language
Strikothrough denotes deleted language
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach 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; Providing For Repealer, Severability, Codification
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, prohibiting
variances for the maximum number of stories, or an hei ht variance reater than three 3 feet?
Item Summary/Recommendation:
On November 7, 2006, the electorate voted to approve a ballot question amending the Related Special
Acts of the City's Charter to prohibit variances for the maximum number of stories, or any height variance
greater than three (3) feet.
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
City Manager
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MliAMIBEACH
AGENDA ITEM
DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager } ~
April 11, 2007 0
TO:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH 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; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the ordinance upon second reading public hearing.
BACKGROUND
At the September 6,2006 meeting, the City Commission approved Resolution 2006-26278,
placing a question on the ballot asking the electorate if the Related Special Acts of the City's
Charter should be amended to prohibit the granting of variances by the Board of Adjustment
for any height variance greater that three (3) feet, or any variance from a property's
allowable number of stories (floors).
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 118-353 of the City Code governs the Board of Adjustment and its procedures,
criteria and jurisdiction for granting Variances within the City of Miami Beach. It specifies
that applications for variances for Floor area ratio, required parking, and impact fees are
prohibited.
Height Variances Ordinance
April 11,2007
Page 2 of 2
After discussion at the City Commission and the Land Use Committee, the City Commission
expressed a desire to add height variances to the list of prohibited variances. A resolution
was approved placing a question on the ballot amending the Charter to prohibit the granting
of variances by the Board of Adjustment for any height variance greater than three (3) feet,
or any variance from a property's allowable number of stories (floors).
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\apr11 07\Regular\Height variances memo 4-11-2007 .doc
.
e MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE 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:
l' 10:15 a.m. ...
All Ordinance Amending Ordinance No.789, The Class~ied Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The ClassifICations
I In Group III, Represented By The International Association Of Firefighters (IAFF) In Accordance With The Negotiated Agreement; Effective In The First Pay Period
~ Ending In October Of 2006, There Shall Be All 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 First 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.
10:1& a.m. _
An Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment 01
AIInual 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.
All 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)
Inquiries may be directed to the Finance Department at (305) 673-7466.
10:18 a.m.
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.
InqUirieS may be directed to the Planning Department at (305) 673-7550.
I. 10:20 a.m.
All 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.
. All Ordinance Amending Chapter 6 Of The Miami Beach City Code Entitled "AlcollOlic 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 YEar'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 XV Thereof Entitled "Street Performers And Art
Vendors," And Replacing Therewith A New Article 'IN 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 P~rformers 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, 1st 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, 1st 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 286.01 05, 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 evidE~ce, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to