2009-3630 OrdinanceORDINANCE NO. 2009-3630
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,
CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES",
ARTICLE II, "BOARDS," DIVISION 1 "GENERALLY," BY CREATING A
NEW SECTION 118-32, "APPLICATION REQUIREMENT FOR LAND
USE BOARDS" TO REQUIRE THE FILING OF AN APPLICATION
FOR MEMBERSHIP ON ANY OF THE FOUR LAND USE BOARDS
NOT LESS THAN TEN DAYS BEFORE APPOINTMENT, PROVIDING
FOR WAIVER BY THE CITY COMMISSION; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City Code provides for the appointment by the City Commission
of the members of the Planning Board, Design Review Board, Historic Preservation
Board, and Board of Adjustment (the "Land Use Boards"); and
WHEREAS, the City Code establishes membership requirements for each of the
Land Use Boards; and
WHEREAS, an application requirement would facilitate conformance in the
appointment process with the prescribed membership requirements; and
WHEREAS, the availability of information about applicants for appointment to the
Land Use Boards serves an important public policy and governmental interest in
transparency.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 118, "Administration and Review Procedures", Article II,
"Boards," Division 1, "Generally," is hereby amended by creating a new Section 118-32,
"Application Requirement For Land Use Boards", as follows:
Sec. 118-32. Application Requirement for Land Use Boards.
No person shall be appointed to the Planning Board, Design Review Board, Historic
Preservation Board, or the Board of Adiustment unless he or she has filed an application
with the City Clerk on the form prescribed, not less than ten days before the date of
~pointment. The Citv Commission may waive this requirement by a 5/7ths vote,
provided such waiver shall only be granted one time per board, per meeting, provided
further that any applicant granted such a waiver files his or her application prior to being
sworn in as a member of these boards.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
2009-3630
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 adoption.
PASSED and ADOPTED this 18thday of March
2009.
Matti He rera Bower MAYOR
TEST:
~~ ~'
CITY CLERK Robert Parcher
First Reading: .? - ~ S , O q
Second Reading: 3 -1 ~- t? Q
Underscore denotes new language.
APPROVED AS TO
FORM AND LANGUAGE
.~ & FOR EXECUTION
'~ 2 1$ 04
ty Attorney Date
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COMMISSION ITEM SUMMARY
r...,~ln.,ce.~l Ti41o•
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An Ordinance proposing an amendment to Chapter 118, Article II, "Boards" of the City Code requiring that
an application be filed with the City Clerk prior to the City Commission making appointments to a Land Use
Board.
Ke Intended Outcome 5u or[ea:
Not Applicable -Regulatory
Supporting Data (Surveys, Environmental Scan, etc
Not Applicable -Regulatory
Iccua•
Should the City Commission adopt the proposed ordinance which would require that a person interested in
serving on a Land Use Board first would have to file an application with the City Clerk?
Item Summary/Recommenaation:
SECOND READING PUBLIC HEARING
This ordinance will require a person who would like to serve on a land use board to file an application with
the City Clerk prior to the Commission considering his/her appointment to any such board.
The Administration recommends that the City Commission adopt the ordinance.
~avisory t~oara rcecommenaaiion:
At the September 22, 2008 meeting, the LUDC recommended in favor of the ordinance with a modification
that would allow the City Commission to waive the application requirement by a 5/7ths vote, provided such
waiver is only instituted one time per board per meeting.
At the January 27, 2009 meeting the Planning Board recommended adoption of the ordinance.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
The ro osed Ordinance is not ex ected .to have an fiscal im act u on the resources of the Ci .
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Si n-Offs:
Department rector ~ /assistant City Manager City Manager
911 -
~ MIAMIBEACH
req for appointment to a LUB sum.doc
AGENDA ITEM ``S~
DATE 3 ~~~' 09
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~.
~/k.
DATE: March 18, 2009 1 Second Reading Public Hearing
SUBJECT: Application requirement for appointment to a Land Use Board
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, CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE II, "BOARDS,"
DIVISION 1 "GENERALLY," BY CREATING A NEW SECTION 118-32,
"APPLICATION REQUIREMENT FOR LAND USE BOARDS" TO REQUIRE
THE FILING OF AN APPLICATION FOR MEMBERSHIP ON ANY OF THE FOUR
LAND USE BOARDS NOT LESS THAN TEN DAYS BEFORE APPOINTMENT,
PROVIDING FOR WAIVER BY THE CITY COMMISSION; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adoption of the ordinance.
ANALYSIS
Several months ago the City Commission requested comments regarding ways to improve
the City's current Board and Committee System. At the Land Use and Development
Committee (LUDC) meeting of September 22, 2008, a group of interested citizens proposed
that the City Commission require that a person who would like to serve on a land use board
file an application with the City Clerk prior to the Commission considering his/her
appointment to any such board. They explained that the filing of the application would
ensure that the members of the City Commission have the information available in advance.
In addition, the information would be useful to the various organizations that are enlisted by
provisions in the City Code to identify candidates for these boards. The LUDC
recommended in favor of the ordinance with a modification that would allow the City
Commission to waive the application requirement by a 5/7ths vote, provided such waiver is
only instituted one time per board per meeting.
PLANNING BOARD ACTION
At the January 27, 2009 meeting, the Planning Board recommended adoption of the
ordinance by a vote of 7-0.
City Commission Memorandum
Application requirement for appointment to a Land Use Board
March 18, 2009 Page 2
CITY COMMISSION ACTION
At the February 25, 2009 meeting, the City commission approved the proposed ordinance on
first reading.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact upon the resources of the City.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Pursuant to Section 118-164 of the City Code, when a request to amend the Land
Development Regulations does not change the actual list of permitted, conditional or
prohibited uses in a zoning category the proposed ordinance may be read by title or in full on
at least two separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city. The notice of proposed enactment shall state
the date, time and place of the meeting; the title of the proposed ordinance; and the place or
places within the city where such proposed ordinances may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting and be heard with
respect to the proposed ordinance.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance. An affirmative vote of five-sevenths of all members of the city
commission shall be necessary in order to enact any amendment to the Land Development
Regulations.
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NIIAI~I BEACH
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;--• D
~~~TY OF M1AMI.BEACH T
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NOTICE OF PUB~IG HEARINGS ~,
.,
"~NtJT1CE 13 HEREBY given that second readings and public hearings will.be held by ~,
^the Mayor and City Corrimission of the City of .Miami Beach, Florida; in the Commission ~°D
Chambers, 3ro ,floor,. City .Hall; 1700 Convention, Centel Drive, Miami' Beach, Florida, on o
-Wednesday, i!Vlarch 18, 2009, to consider the failowing' , .
10:1'5 a.m. _ ~
An .Ordinance Amending The, Land Development Regulations Of The Miami Beach City
Code, Chapter 118, "Administr'ation And Review Procedures",.Arficle-II, "Boards," Division 1
"GeneraNy," By Creating A New Section`118-32, "Application Requirement for LandLise -
Boards" To Require The Filing Of An Application ..For Membership On -Any Of The'--Four ''
Land Use Hoards Not Less Than Ten Days Before Appointment, Providing.For Waiver By The
City Commission.
Inquiries may be directed to the Planning Department`at (305)'673-7550.
l~:20 a.m.
s Ordinance Amending The Code Of The City, Of Miami Beach; By .Amending
pier 142, "Zoning Districts And Regulations," Article'II, "District Regulations", Division 18,
~Performance'Standard District," Section 142-693 "Permitted. Uses", By'Restricting The
Size Of Bars And_'Restaurants As Accessory Use To A Main Permitted Use In~The:R-PS1,
R-PS2, R-PS3 And R-PS4 Zoning Districts. ~ - ' ' '~
3~. -
Iriquiries may be directed to the Planning Department.at (305):673-7550... ,
~~
,iHTERESTED PARTIES are invited to appear at this meeting; or be'represented by,an '
.:ag$nt, .or to express their vievrs in writing addressed to the City Commrssion,'c/o the
City Clerk,,1700 Conven)ion C~enter.Drive, 1~t Floor, City Hall, Miami.Seaoh;~Florida;33139.
~optes of these.ordinanoes are available fo.r public inspection during normal business hours
yin #hs City Clerk's Office, 70.0 Convention Center Drivel ~ Floor, Gity Hall, and Miami Beach,
.;Florida 33139. This meeting may be .continued. and under such circumstances.-additional
~, „ -
legal notice would nat beprovided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section286.0105,-Fla. Stat., the~Gity 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 into be based. This notice does no# constitute consent by the Gity for
the introduction or admission of otherwise inadmissible o~'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) fi04-2489 (voice), ,
(3b5) 673-7218(TfY) five days in adwarice to initiate your request. TTY users may also
call 711 (Florida Relay'Ser/ice).
Ad #526
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