2008-3599 OrdinanceEXTENSIONS OF TIME
ORDINANCE NO. 2008-3599
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 IV, "CONDITIONAL USE PROCEDURE," BY
AMENDING SECTION 118-193 TO AMEND THE PROCEDURES FOR
OBTAINING AN EXTENSION OF TIME; BY AMENDING ARTICLE VI,
"DESIGN REVIEW PROCEDURES," BY AMENDING SECTION 118-258
TO AMEND THE PROCEDURES FOR OBTAINING AN EXTENSION OF
TIME; BY AMENDING ARTICLE VIII, "PROCEDURE FOR VARIANCES
AND ADMINISTRATIVE APPEALS," BY AMENDING SECTION 118-355
TO AMEND THE PROCEDURES FOR OBTAINING AN EXTENSION OF
TIME; BY AMENDING ARTICLE X, "HISTORIC PRESERVATION", BY
AMENDING SECTION 118-532 TO AMEND THE PROCEDURES FOR
OBTAINING AN EXTENSION OF TIME AND BY AMENDING SECTION
118-564 TO AMEND THE PROCEDURES FOR OBTAINING AN
EXTENSION OF TIME AND TO CLARIFY THE REQUIREMENTS AND
PROCEDURES FOR OBTAINING A VARIANCE FROM THE HISTORIC
PRESERVATION BOARD; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define
the requirements of the Land Development Regulations of the Code of the City of Miami
Beach as they pertain to the City's Development Review Boards; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to time
limitations to obtain a building permit for applications approved by the City's Development
Review Boards; and,
WHEREAS, The City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for obtaining a building permit, as well as an
extension of time to obtain a building permit; and,
WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for the issuance of Variances pertaining to
Certificates of Appropriateness and Certificates of Appropriateness for Demolition; and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 118, Entitled "Administration and Review Procedures", Article
IV, Entitled "Conditional Use Procedure", of the Land Development Regulations of the
Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-193. Applications for conditional uses.
(2) Time limitations.
a. An applicant shall have up to 18 months, or such lesser time as may be specified by
the board, from the date of the board meeting at which a conditional use was granted to
obtain a full building permit, a certificate of occupancy, a certificate of use or a certificate of
completion, whichever occurs first. The foregoing 18-month time period, or lesser time
period, includes the time period during which an appeal of the decision of the planning
board may be filed. If the applicant fails to obtain a full building permit within 18 months, or
such lesser time period as is specified, of the board meeting date at which a conditional
use was granted and/or construction does not commence and proceed in accordance with
said permit and the requirements of the applicable Florida Building Code, the conditional
use shall be deemed null and void. Extensions for good cause, not to exceed a total of one
year for all extensions, may be granted by the planning board, provided the applicant
submits a request in writing to the planning and zoning director+rce no laterthan 90
calendar davs e# after the expiration of the original approval, showing good cause for such
an extension. At the discretion of the planning director, an applicant may have up to 30
davs (not to extend beyond 30 months from the date of original approval) to complete the
building permit review process and obtain a full building permit, provided that within the
time provided by the board to obtain a full building permit a valid full buildin permit
application and plans have been filed with the building department, a building permit
process number has been issued and the planning department has reviewed the plans and
provided initial comments.
. Notwithstanding the
foregoing, in the event the original decision of the planning board, with respect to a
conditional use request, is timely appealed, the applicant shall have 18 months, or such
lesser time as may be specified by the board, from the date of final resolution of all
administrative and/or court proceedings to obtain a full building permit, a certificate of
occupancy, a certificate of use or a certificate of completion, whichever occurs first. This
tolling provision shall only be applicable to the original approval of the board and shall not
apply to any subsequent requests for revisions or requests for extensions of time.
SECTION 2. That Chapter 118, Entitled "Administration and Review Procedures", Article
VI, Entitled "Design Review Procedures", of the Land Development Regulations of the
Code of the City of Miami Beach, Florida is hereby amended as follows:
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Sec. 118-258. Building permit application.
(c) No building permit, full building permit or phased development permit shall be issued
for any plan subject to design review except in conformity with the approved plans. The
applicant shall have up to 18 months, or such lesser time as may be specified by the
board, from the date of the board meeting at which design review approval was granted to
obtain a full building permit or a phased development permit. The foregoing 18-month time
period includes the 20-day time period during which an appeal of the decision of the design
review board may be filed. If the applicant fails to obtain a full building permit or a phased
development permit within 18 months, or such lesser time as may be specified by the
board, of the board meeting date at which design review approval was granted, and/or
construction does not commence and proceed in accordance with said permit and the
requirements of the applicable Florida Building Code, all staff and board approvals shall be
deemed null and void. Extensions for good cause, not to exceed a total of one year for all
extensions, may be granted by the board, at its sole discretion, provided the applicant
submits a request in writing to the planning director +r~ad-ua~se no later than 90 calendar
days after e# the expiration of the original approval, showing good cause for such an
extension. At the discretion of the planning director, an applicant may have up to 30 days
(not to extend beyond 30 months from the date of original approval) to complete the
building permit review process and obtain a full building permit, provided that within the
time provided by the board to obtain a full building permit a valid full building permit
application and plans have been filed with the building department, a building permit
process number has been issued and the planning department has reviewed the plans and
provided initial comments.
. Notwithstanding the foregoing, in
the event the original decision of the design review board is timely appealed, or there is an
appeal of an approval from the board of adjustment and/or the planning board that is a
requirement of the original decision of the design review board, and such appeal is filed
within 20 days of the decision of the board of adjustment and/or the planning board, the
applicant shall have 18 months, or such lesser time as may be specified by the design
review board, from the date of final resolution of all administrative and/or court proceedings
to obtain a full building permit or phased development permit. This tolling provision shall
only be applicable to the original approval of the board and shall not apply to any
subsequent requests for revisions or requests for extensions of time.
SECTION 3. That Chapter 118, Entitled "Administration and Review Procedures", Article
VIII, Entitled "Procedure for Variances and Administrative Appeals", of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
3
Sec. 118-355. Variance time limits; decisions; establishment of parking impact fees.
(a) The board of adjustment may prescribe a reasonable time limit within which the
action forwhich the variance is required shall begin or be completed or both. The applicant
shall have up to 18 months, or such lesser time as may be specified by the board, from the
date of the board meeting at which a variance was granted to obtain a full building permit.
The foregoing 18-month time period, or such lesser time as may be specified by the board,
includes the time period during which an appeal of the decision of the board of adjustment
may be filed. If the applicant fails to obtain a full building permit within 18 months, or such
lesser time as is specified, of the board meeting date at which a variance was granted
and/or construction does not commence and proceed in accordance with such permit and
the requirements of the applicable Florida Building Code, the variance shall be deemed null
and void. Extensions for good cause, not to exceed a total of one year for all extensions,
may be granted by the board of adjustment, provided the applicant submits a request in
writing to the planning and zoning director ~e no later than 90 calendar days after
e# the expiration of the original variance(s) showing good cause for such an extension. At
the discretion of the planning director, an applicant may have up to 30 days (not to extend
beyond 30 months from the date of original approval) to complete the building permit
review process and obtain a full building permit, provided that within the time provided by
the board to obtain a full building permit a valid full building permit application and plans
have been filed with the building department, a building permit process number has been
issued and the planning department has reviewed the plans and provided initial comments.
............. .~, _ ...... - -r--..._....~ ............... _.......,..... ... ............ ... ..... .,. ....., ..,....,.,
. Notwithstanding the foregoing, in the event the decision of
the board of adjustment, with respect to a the original variance request, is timely appealed,
the applicant shall have eighteen (18) months, or such lesser time as may be specified by
the board, from the date of final resolution of all administrative and/or court proceedings to
obtain a full building permit. This tolling provision shall only be applicable to the original
approval of the board and shall not apply to any subsequent requests for revisions or
requests for extensions of time.
SECTION 4. That Chapter 118, Entitled "Administration and Review Procedures", Article
X, Entitled "Historic Preservation", of the Land Development Regulations of the Code of the
City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-532. Proceedings before the historic preservation board.
(f) Timeframes to obtain a building permit. The applicant shall have up to 18 months, or
such lesser time as may be specified by the board, from the date of the board meeting at
which a certificate of appropriateness was issued to obtain a full building permit or a
phased development permit. The foregoing 18-month time period, or such lesser time as
may be specified by the board, includes the time period during which an appeal of the
decision of the historic preservation board may be filed. If the applicant fails to obtain a full
4
building permit or a phased development permit within 18 months, or such lesser time as
may be specified by the board, of the board meeting date at which a certificate of
appropriateness was granted and/or construction does not commence and proceed in
accordance with said permit and the requirements of the applicable Florida Building Code,
the certificate of appropriateness shall be deemed null and void. Extensions for good
cause, not to exceed a total of one year for all extensions, may be granted by the historic
preservation board, at its sole discretion, provided the applicant submits a request in writing
to the planning department +~-advaese no later than 90 calendar days after e# the
expiration of the original approval, setting forth good cause for such an extension. At the
discretion of the planning director, an applicant may have up to 30 days (not to extend
beyond 30 months from the date of original approval) to complete the building permit
review process and obtain a full building permit, provided that within the time provided by
the board to obtain a full building permit a valid full building permit application and plans
have been filed with the building department, a building permit process number has been
issued and the planning department has reviewed the plans and provided initial comments.
. Notwithstanding the foregoing, in the event
the original decision of the historic preservation board is timely appealed, or there is an
appeal of an approval from the board of adjustment and/or the planning board that is a
requirement of the original decision of the historic preservation board, and such appeal is
filed within 20 days of the decision of the board of adjustment and/or the planning board,
the applicant shall have 18 months, or such lesser time as may be specified by the historic
preservation board, from the date of final resolution of all administrative and/or court
proceedings to obtain a full building permit or phased development permit. This tolling
provision shall only be applicable to the original approval of the board and shall not apply to
any subsequent requests for revisions or requests for extensions of time.
Sec. 118-564. Decisions on certificates of appropriateness.
(c) Where, by reason of particular site conditions and restraints or because of unusual
circumstances applicable to a particular applicant's property, strict enforcement of the
provisions of this article would result in an undue economic hardship to the applicant, the
board shall have the power to vary or modify the provisions in this article, including
adherence to the adopted evaluation guidelines. However, the board shall not have the
power to vary or modify any portion of Section 118-532 (f) and 118-564 (f) (11 pertaining
to the required timeframes to obtain a building permit or the granting of extensions of time
to obtain a building permit. Any applicant wishing to assert undue hardship must furnish to
the board's staff no laterthan 15 days priorto the board's meeting, to considerthe request,
ten copies of a written statement presenting the factual data establishing such economic
hardship. The written statement presenting factual data shall be in the form of a sworn
affidavit containing all of the following information:
(1) The amount paid for the property, the date of purchase and the party from whom
5
purchased;
(2) The assessed value of the land and improvements thereon according to the three
most recent assessments;
(3) Real estate taxes for the previous five years;
(4) All appraisals obtained within the previous five years by the owner or applicant in
connection with his purchase, financing or ownership of the property;
(5) Any listing of the property for sale or rent, price asked and offers received, if any;
(6) Any consideration by the applicant as to profitable adaptive uses for the property;
(7) With respect to income producing property only, annual gross income from the
property for the previous five years, operating and maintenance expenses for the
previous five years, and annual cash flow, if any, for the previous five years; and
(8) Such additional information as may be relevant to a determination of undue
economic hardship.
I n the event that any of the required information is not reasonably available to the applicant
and cannot be obtained by the applicant, the applicant shall file with his affidavit a
statement of the information which cannot be obtained and shall describe the reasons why
such information cannot be obtained. The fact that compliance would result in some
increase in costs shall not be considered undue economic hardship if the use of the
property is still economically viable.
(f) Certificate of appropriateness for demolition.
(11) The applicant shall have up to 18 months, or such lesser time as may be specified
by the board, from the date of the board meeting at which a certificate of
appropriateness for demolition was granted to obtain a full building permit or a phased
development permit. The foregoing 18-month time period or such lesser time as may
be specified by the board, includes the time period during which an appeal of the
decision of the historic preservation board may be filed. If the applicant fails to obtain a
full building permit or a phased development permit within 18 months, or such lesser
time as may be specified by the board, of the board meeting date at which a certificate
of appropriateness for demolition was granted and/or construction does not commence
and proceed in accordance with said permit and the requirements of the applicable
Florida Building Code, the certificate of appropriateness for demolition shall be deemed
null and void. Extensions for good cause, not to exceed a total of one year for all
extensions, may be granted by the historic preservation board, at its sole discretion,
provided the applicant submits a request in writing to the planning department +r-
use no later than 90 calendar days after e# the expiration of the original approval,
setting forth good cause for such an extension. At the discretion of the planning
director, an applicant may have up to 30 days (not to extend beyond 30 months from
the date of original approval) to complete the building permit review process and obtain
a full building permit, provided that within the time provided by the board to obtain a full
6
building permit a valid full building permit application and plans have been filed with the
building department, a building permit process number has been issued and the
plannina department has reviewed the' plans and provided initial comments. ~#e
. Notwithstanding the
foregoing, in the event the original decision of the historic preservation board with
respect to a certificate of appropriateness for demolition is timely appealed, or there is
an appeal of an approval from the board of adjustment and/or the planning board that
is a requirement of the original decision of the historic preservation board, and such
appeal is filed within 20 days of the decision of the board of adjustment and/or the
planning board, the applicant shall have 18 months, or such lesser time as may be
specified by the board, from the date of final resolution of all administrative and/or court
proceedings to obtain a full building permit. This tolling provision shall only be
applicable to the original approval of the board and shall not apply to any subsequent
requests for revisions or requests for extensions of time.
SECTION 5. 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 word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 6. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
7
2008-3599
PASSED AND ADOPTED this 12th day of March
. 2008.
M Matti errera Bower
ATT ST:
CI Y CLERK Robert Parcher
APPROVED AS TO
F & L GUAGE
& F R UTION
Z 19 /~
y rney p~,, Da e
First Reading: February 13, 200
Second Reading:/March 12, 2r~
Verified by:
Ir~G. G6mez, AI
annmg Director
Underscore~l'enotes new language
02/25/2008
T:\AGENDA\2008\MARCH 12\REGULAR\EXTENSIONS OF TIME 2008 - ORD.MAR.DOC
8
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amendment -Extensions of Time
Key Intended Outcome Supported:
Increase satisfaction with development and growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc.):
Development construction was ranked No. 5 by residents as one of the changes that will make Miami
j Beach a better place; 66% of residents say City does the right amount for historic designation.
Issue:
Shall the City Commission approve an Ordinance Amendment to modify the requirements for Extensions
of Time to obtain a Building Permit for Development Review Board approved projects?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
The proposed Ordinance would allow for a limited administrative extension to obtain a building permit, as
well as a grace period to make application for an extension of time.
The City Commission approved the ordinance at first reading on February 13, 2008. The Administration
recommends that the Cit Commission ado t the Ordinance at second readin .
aavisory rsoara Kecommenaation:
The Design Review Board (DRB) is the sponsor of this Ordinance Amendment. The DRB reviewed the
proposed Ordinance on December 4, 2007 and recommended approval, with minor revisions.
On December 18, 2007 the Planning Board transmitted the subject Ordinance to the City Commission,
without the revisions recommended by the DRB, with a favorable recommendation. The Historic
Preservation Board reviewed the Ordinance on January 8, 2008 and recommended approval.
The Land Use and Development Committee reviewed the Ordinance on January 24, 3908 and
recommended approval.
Financial Information:
Source of Amount Account
Funds: ~
N/A 2
3
OBPI Total
Financial Impact Summary: N/A
Cit Clerk's Office Le islative Trackin
Thomas Mooney -Planning Department
Sign-Offs•
epartme Director si ant City Manager City Manager
i^
T:\AQENDA~¢008\iCAa~Ff 12\Regul ensions of ~ff'he 2008 - SUM.mar.doc
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AGENDA ITEM RS~
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
PUBLIC HEARING
DATE: March 12, 2008
SUBJECT: EXTENSIONS OF TIME ORDINANCE
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 IV, "CONDITIONAL USE PROCEDURE," BY
AMENDING SECTION 118-193 TO AMEND THE PROCEDURES FOR
OBTAINING AN EXTENSION OF TIME; BY AMENDING ARTICLE VI, "DESIGN
REVIEW PROCEDURES," BY AMENDING SECTION 118-258 TO AMEND THE
PROCEDURES FOR OBTAINING AN EXTENSION OF TIME; BY AMENDING
ARTICLE VIII, "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE
APPEALS," BY AMENDING SECTION 118-355 TO AMEND THE PROCEDURES
FOR OBTAINING AN EXTENSION OF TIME; BY AMENDING ARTICLE X,
"HISTORIC PRESERVATION", BY AMENDING SECTION 118-532 TO AMEND
THE PROCEDURES FOR OBTAINING AN EXTENSION OF TIME AND BY
AMENDING SECTION 118-564 TO AMEND THE PROCEDURES FOR
OBTAINING AN EXTENSION OF TIME AND TO CLARIFY THE
REQUIREMENTS AND PROCEDURES FOR OBTAINING A VARIANCE FROM
THE HISTORIC PRESERVATION BOARD; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
The Land Development Regulations of the City Code specify that projects approved by any
of the City's development review boards comply with established time limitations to obtain a
Full Building Permit. The timeframe to obtain a Full Building Permit is generally 18 months
from the date of approval, but can be extended up to one additional year for a total of 30
months. The only exception to this is for projects that become 'non-conforming' after
approval by a development review board; such non-conforming projects are not eligible for
an extension of time.
Extensions of Time
March 12, 2008
Page 2 of 3
Over the past few years a number of development applications have encountered delays in
the permitting process that have impeded the ability to secure permits within the 18 to 30
month timeframe. The delays are due to a number of factors including, but not limited to,
changes in property ownership, delays in obtaining financing and the preparation of complex
construction documents. In some instances, building permit applications have come within a
few weeks or days of not being able to obtain a permit within a specified period.
ANALYSIS
The subject Ordinance would amend the procedures and requirements for obtaining building
permits, as well as extensions of time. These changes are designed to streamline the
development review process at the permitting stage and to allow for more flexibility for those
projects that are ready to actually be permitted.
With regard to obtaining a building permit within 18 months of the Board approval, the
proposed Ordinance would allow an applicant, at the discretion of the planning director, to
have up to 30 days after the expiration of a development review board approval, to complete
the building permit review process and obtain a full building permit. This would only apply to
those projects where a valid building permit application and plans have been filed with the
building department, a building permit process number has been issued and the planning
department has reviewed the plans and provided initial comments. This change would allow
much needed flexibility in the event that an applicant experienced delays beyond their
control, such as the building plans being held up by the required review of a State or County
agency, or the overlapping permit deadlines of multiple development review boards. It
should be noted that the 30 day extension may not exceed the maximum 30 month
extension of time from Board approval.
The proposed Ordinance also specifies that a request for an extension of time would need to
be filed no later than 90 calendar days after the expiration of the original approval. Currently
all requests have to be filed in advance of the expiration. In a number of instances, this has
resulted in the need to file an entire new application to a development review board,
notwithstanding the fact that full working drawings have been prepared and reviewed.
Finally, the section of the code prohibiting non-conforming projects from applying for or
receiving an extension of time has been deleted. The reason for this modification is two-
fold. First, the large number of applications submitted immediately prior to and just after the
extensive down zoning legislation in the late 1990's has subsided and the number of
projects that have become non-conforming after approval by a development review board
has decreased substantially, as has the degree of non-conformity. Secondly, and more
importantly, virtually all legislation over the last few years that has created non-conforming
development projects has included `applicability' sections allowing such projects to apply for
and receive extensions of time.
In light of the fact that the requirements and procedures for obtaining building permits and
extensions of time are being liberalized, the proposed Ordinance also includes a
modification to Section 118-564, pertaining to the ability of the board to vary or modify the
provisions of Article X, 'Historic Preservation'. This section of the code was intended to
allow the Board some latitude with regard to the application of Certificate of Appropriateness
Criteria and was never intended to circumvent clearly established policy and code
Extensions of Time
March 12, 2008
Page 3 of 3
requirements with regard to obtaining building permits and extensions of time. In order to
address the previous exploitation of this section of the Code, the subject Ordinance
amendment specifies that the Historic Preservation Board shall not have the power to vary
or modify any portion of Section 118-532 (f) and 118-564 (f) (11) pertaining to the required
timeframes to obtain a building permit or the granting of extensions of time to obtain a
building permit.
The Design Review Board (DRB) is the sponsor of this Ordinance Amendment. The DRB
reviewed the proposed Ordinance on December 4, 2007 and recommended approval. The
DRB recommended that the Ordinance be slightly modified so that the Planning Director
would have up to 60 days to extend the timeframe to obtain a permit and that requests for
extensions of time would have to be filed within 60 days of the expiration of an approval.
On December 18, 2007 the Planning Board transmitted the subject Ordinance to the City
Commission, without the revisions recommended by the DRB, with a favorable
recommendation. The Historic Preservation Board reviewed the Ordinance on January 8,
2008 and recommended approval.
On January 24, 2008 the Land Use and Development Committee reviewed the subject
Ordinance and recommended approval.
The City Commission approved the Ordinance at First Reading on February 13, 2008, as
transmitted by the Planning Board.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance. Pursuant
to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be
necessary in order to enact any amendments to the Land Development Regulations.
JMG/TH/JGG/TRM
T:WGENOA\2008\March 12\Regular\Extensions of Time 2008 - MEM.mar.doc
CITY OF MIAMI BEACH
Nl)TICE 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, March 12, 2008, to consider
the following:
10:30 a.m. .
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,
By Amending Chapter 118, "Administration And Review Procedures," Article IV, "Conditional Use
Procedure," By Amending Section 118-193 To Amend The Procedures For Obtaining An Extension
Of Time; By Amending Article VI, "Design Review Procedures," By Amending Section 118-258 To
Amend. The Procedures For Obtaining An Extension Of Time; By Amending Article VIII, "Procedure For
Variances And Administrative Appeals," By Amending Section 118-355 To Amend The Procedures
For Obtaining An Extension Of Time; By Amending Article X, "Historic Preservation", By Amending
Section 118-532 To Amend The Procedures For Obtaining An Extension Of Time And By Amending
Section 118-564 To Amend The Procedures For Obtaining An Extension Of Time And To Clarify The
Requirements And Procedures For Obtaining A Variance From The Historic Preservation Board.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:00 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 3 "Lobbyists," Section
2-482 Thereof Entitled "Registration" By Expanding Upon Lobbyists Registration Requirements To
Include Disclosure Of Certain Contractual Relationships.
Inquiries may be directed to the Legal Department at (305) 673-7470.
11:30 a.m.
An Ordinance Amending The City's Sidewalk Cafe Ordinance, As Codified In Sections 82-366 Through
82-385 Of The City Code.
Inquiries maybe directed to the Public Works Department at (305) 673-7080. .
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to
erpress their views in writing addressed to the City Commission, c/o the City Clerk,1700 Convention
Center Drive l 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 l 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 admission of otherwise inadmissible or
irrelevant evidence, 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 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 inftiate your request. TTY users may also call 711 (Florida Relay Service).
Ad #478
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