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93-20885 Reso . RESOLUTION NO. 93-20885 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 16, ENTITLED "BOARD OF ADJUSTMENT", AMENDING SUBSECTION 16-7 BY PROVIDING THAT THE BOARD OF ADJUSTMENT SHALL SERVE AS THE CITY'S FLOOD PLAIN MANAGEMENT BOARD AND SHALL EXERCISE ALL POWERS AND PERFORM ALL DUTIES ASSIGNED TO SAID BOARD; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City's Planning, Design and Historic Preservation Division has recommended that Section 16 of Comprehensive Zoning Ordinance No. 89-2665 be amended to provide that the Board of Adjustment shall serve as the City's Flood Plain Management Board and shall exercise all powers and perform all duties assigned to said Board, including hearing appeals from decisions of the City's Building Official regarding the Flood Plain Management Ordinance and requests for variances from the Ordinance; and WHEREAS, on August 3, 1993 the City's Planning Board held a public hearing to consider said amendment, after which the Board voted unanimously in favor of the amendment; and , WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89- 2665, the proposed amendment must now be considered by the City Commission at public hearings. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider an ordinance amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 16, entitled "Board of Adjustment" , amending Subsection 16-7 by providing that the Board of Adjustment shall serve as the City's Flood Plain Management Board and shall exercise all powers and perform all duties assigned to said Board; providing for repealer, severability and an effective date, is hereby called to be held before the City Commission in its chambers on the Third Floor of the City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on October 6 , 1993 beginning at 2:30 p.m. , and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearings in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be hear. PASSED and ADOPTED this 8th day of September , 1993. ATTEST: MAYOR ltJADLAIALE- . CITY CLERK SWS:scf:disk5\boa-flud.res FORM APPROVED LEGAL DEPT. By Date F- 3. f3 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673.7010 �Q FAX: (305) 673-7762 COMMISSION MEMORANDUM NO. O0 -q3 TO: Mayor Seymour Gelber and DATE: Members of the City Commission SEPTEMBER 8, 1993 FROM: Roger M. Ca • City Manage i AMENDMENT TO ZONING ORDINANCE NO. 89-2665 EMPOWERING THE SUBJECT: BOARD OF ADJUSTMENT TO SERVE AS THE CITY'S FLOOD PLAIN MANAGEMENT BOARD -- SETTING OF PUBLIC HEARING BACKGROUND The City Administration is requesting the City Commission consider an amendment to Section 16 (Zoning Board of Adjustment) of Zoning Ordinance No. 89-2665. Specifically, the amendment would designate the Board of Adjustment as the City's Flood Plain Management Board which is authorized to hear appeals from decisions of the Building Official regarding • the Flood Plain Management Ordinance and requests for variances from that Ordinance. • In the past, only Dade County had the authorization to grant a variance from flood plain regulations or to overturn the decision of a local building official with regard to flood plain criteria. Recently, that authority was delegated to local municipalities. On December 2, 1992, the Miami Beach City Commission adopted Ordinance No. 92-2822 which established flood plain regulations and provided for variances from those regulations and appeals from decisions • of the Building Official's interpretation of those regulations. The Ordinance provided for the establishment of a Flood Plain Management Board to hear the requests for variances and appeals. On January 20, 1993, the City Commission passed Resolution No. 93-20698 which created the City's Flood Plain Management Board and required that the Board consist of five (5) voting members; an architect, engineer and three (3) members each from a different one of the following categories: law, real estate development, general business and/or a property owner. The members were required to be Miami Beach residents or have their principal places of business in Miami Beach. The City's Building Official was to be an ex-officio member of the Board. ANALYSIS Although members of the Flood Plain Management Board were appointed, there have as yet been no appeals or variance requests to be heard. At the time the Board was appointed, there was some feeling on the part of the City Commission that the Board of Adjustment could serve as the Flood Plain Management Board; however, since this required a lengthy Zoning Ordinance amendment process and FEMA required that the City appoint its Board immediately, it was decided to appoint the current Board and to consider this amendment to the Zoning Ordinance at a later date to address this issue. Since the Board of Adjustment already acts in a similar capacity when it hears requests for variances, appeals of Administrative decisions and also hears appeals as the Property Maintenance Appeals Board,the Administration believes that an added function serving as the Flood Plain Management Board would be both logical and appropriate. AGENDA .77 ITEM DATE Ct — 3 • • • CONCLUSION The Planning Board, at its meeting of August 3, 1993,. voted 6-O in favor of recommending to the City Commission to adopt the proposed amendment. 'In view of this recommendation and • the foregoing analysis, the Administration has concluded that the City Commission should proceed to set a date and time certain for a first reading public hearing. • • DJG:MHF:kt PB\pblehrng.9S .