20101208 Agenda_Reg_Detail_ OCRCity Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December 8,2010
Mayor Matti Herrera Bower
Vice-Mayor Michael Gongora
Commissioner Jorge Exposito
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www,miamibeachfl.gov for agendas and video "streaming" of Cify Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions
regarding the provisions of the Ordinance should be directed to the Office of the City Attorney.
REGULAR AGENDA
R5 - Ordinances
R5A An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled
"Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending
Division 14, Entitled "Safety Committee," By Amending Sec. 2-176(E) To Require That One Of The
Two Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency
Response Team (CERT) Certified; Providing For Codification, Repealer, Severability, And An
Effective Date.l0:15 a.m. Second Reading Public Hearing (Page 135)
(City Clerk's Office)
(First Reading on November 17, 2010)
Regular Agenda, December 8,201 0
R5 - Ordinances (Continued)
R5B Expand Public Notice Period From 15 Days To 30 Days For All Four Land Use Boards
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of
Adjustment," Section 1 18-1 34, "Notification Of Hearings"; Article IV, "Conditional Use Procedure,"
Section 118-193. "Applications For Conditional Uses"; Article VI, "Design Review Procedures";
Section 118-254, "Decision Of Design Review Board," And Section 118-257, "Deferrals,
Continuances And Withdrawals," Article X, "Historic Preservation"; Section 118-563, "Review
Procedure," And Section 1 18-591, "Historic Designation Procedure," And Article XI. "Neighborhood
Conservation Districts (NCD)"; Section 1 18-705, "Procedures For Adoption Of Specific NCD Overlay
Districts," To Expand The Public Notice Period For All Four Land Use Boards From 15 Days To 30
Days; Providing For Repealer; Codification; Severability And An Effective Date. 10:20 a.m. Second
Readinn Public Hearing (Page 143)
(Planning Department)
(First Reading on November 17, 2010)
R5C Allow Low Impact Car Washing And Detailing In The C-PS2 Zoning District
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II "District Regulations,"
Division 18 "PS Performance Standard District," Amending Section 142-693 "Permitted Uses," By
Permitting Low Impact Car Washing And Auto Detailing In The CPS-2 District, When Completely
Contained Within A Parking Garage Structure, And Not Visible From The Street Or Public Right-Of-
Way; Providing For Repealer, Codification, Severability And An Effective Date. 10:30 a.m. First
Reading Public Hearing (Page 155)
(Planning Department)
R5D 4oth Street Religious Overlay District
An Ordinance Amending The City Code, By Amending Chapter 114 Of The City Code, "Zoning
Districts And Regulations," Section 1 14-1, "Definitions," Defining "Religious Institution"; Amending
Chapter 142, "Zoning Districts And Regulations,'' Article Ill, "Overlay Districts," Creating Division 8,
"40th Street Overlay," And By Adding Sections 142-858 "Location And Purpose," 142-859
"Compliance With Regulations," Requiring Conditional Use Approval For Religious Institutions In The
40th Street Overlay District, And 142-860 "Off-Street Parking Regulations;" And Amending Article II,
"District Regulations," Division 2 "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Section
142-1 03 "Conditional Uses," To Add Religious Institutions As A Conditional Use For Properties In The
40th Street Overlay District; And Amending Article IV, "Supplementary District Regulations," Division
4 "Supplementary Yard Regulations," Section 142-1 131 (D) "Generally," To Exempt Properties In The
40th Street Overlay District From Additional 50 Feet Minimum Side Yard Requirement For Public And
Semi-public Buildings; And Amending Chapter 118 Of The City Code, "Administration And Review
Procedures," Article IV, "Conditional Use Procedures," Section 1 18-1 92, "Review Guidelines," To Add
Review Criteria For Religious Institutions; Providing For Codification; Repealer; Severability; And An
Effective Date. 10:35 a.m. Second Readinn Public Hearing (Page 163)
(Planning Department)
(First Reading on October 27, 2010)
Regular Agenda, December 8,2010
R5 - Ordinances (Continued)
R5E Bed And Breakfast lnns
An Ordinance Amending The Code Of The City Of Miami Beach Code, By Amending Chapter 142,
Zoning Districts And Regulations, Article V, Specialized Use Regulations, Division 7, Bed And
Breakfast Inns, Section 142-1401, Conditions For Bed And Breakfast Inns, By Modifying The
Conditions For Bed And Breakfast lnns To Widen The Eligibility For Alterations; Providing For
Repealer; Codification; Severability; And An Effective Date. 10:40 a.m. Second Readinn Public
Hearing (Page 175)
(Planning Department)
(First Reading on October 27, 2010)
R5F An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous
Offenses"; By Amending Article Ill, Entitled "Graffiti"; By Amending Division I, Entitled "Generally"; By
Amending Section 70-126, Entitled "Responsibility Of Property Owner(s) To Remove Graffiti; Graffiti
Removal And Notice; Enforcement" By Amending The Responsibilities Of Property Owners With
Regard To The Abatement Of Graffiti And Amending Enforcement Provisions; Providing For
Repealer; Severability; Codification; And An Effective Date. 10:50 a.m. Second Reading Public
Hearing (Page 193)
(Code Compliance)
(Continued from June 9, 201 0)
R5G Roofing Materials
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations", Article IV, "Supplementary
District Regulations ", Section 142-875 "Roof Replacements" To Modify And Expand The
Requirements For Roofing Materials In All Districts; Providing For Repealer, Codification, Severability
And An Effective Date. First Reading (Page 201)
(Planning Department)
R5H Lincoln Road Sign District
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 138, Entitled "Signs", By Amending ArticleV, Entitled "Sign Regulations
By District", By Amending Section 138-173 To Modify The Requirements For The Lincoln Road
Signage District; Providing For Inclusion In The City Code; Providing For Repealer, Severability And
An Effective Date. First Reading (Page 209)
(Planning Department)
R51 An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic
And Vehicles," Article Ill "Metered Parking," Division 1, "Generally" Section 106-55 (h)(2), "Permanent
Parking Space Removal" To Amend The Criteria And Procedure For Permanent Parking Space Or
Loading Zone Removal, Providing For Codification, Repealer, Severability And An Effective Date.
First Reading (Page 21 7)
(Parking Department)
Regular Agenda, December 8,2010
R7 - Resolutions
R7A A Resolution Approving A Contract Award, Pursuant To Invitation To Bid No. 2-09/10, For The
Construction Of The Right-of-way Infrastructure lmprovement Program - Neighborhood No. 88,
Bayshore, Lower North Bay Road Project; Authorizing The Mayor And City Clerk To Execute An
Agreement With Trans Florida Development Corporation, In The Amount Of $4,055,222.92, For The
Construction Of The Project, Plus Approve A Project Contingency In The Amount Of $405,522.29, For
A Grand Total Not To Exceed $4,460,745.21; Including $1,399,596.62 From Funds Previously
Appropriated In The Capital Budget; Appropriating $3,061,148.59 From Fund 429 Stormwater
Projects Line Of Credit, With Such Funds To Be Repaid From Proposed Future Storm Water Bonds;
And Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The
Cost And Time For Completion Of Said Project. (Page 225)
(Capital lmprovement Projects)
R7B A Resolution Approving The Selection Of A Public Art Commission For South Pointe Park, Entitled
"Lighthouse" (Working Title), As Recommended By The Art In Public Places Committee; The
Neighborhoods/Community Affairs Committee; And The Design Review Board; Further Approving
And Authorizing The Mayor And City Clerk To Execute A Contract With The Artist, Tobias Rehberger;
And Appropriating Funds, In An Amount Not To Exceed $500,000, For Design, Creation, And
Installation Of Aforestated Work Of Art; And Appropriating Funds From Fund No. 147 Art In Public
Places. (Page 245)
(Tourism & Cultural Development)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 257)
(City Clerk's Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 263)
(City Clerk's Office)
R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) (Page 269)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
R9C Discussion Regarding Resolution No. 2010-27314, In Which The City Commission Voted Against
Supporting The Miami Dolphins' Initiative To Get Public Funding For Their Stadium. (Page 271)
(Requested by Commissioner Jonah Wolfson)
(Deferred from November 17, 201 0)
R9D A Discussion Of A Proposed Land Exchange And Development Agreement Among Miami-Dade
County, The City Of Miami Beach And South Beach Heights II, Involving The Properties At 615
Collins Avenue (P.E.T. Center), 710-720 Alton Road (Miami Beach Community Health Center), And
725-745 Alton Road (Vacant Private Land). (Page 273)
(Economic Development)
Regular Agenda, December 8,2010
R9 - New Business and Commission Requests (Continued)
R9E Discussion Regarding Crime On Venetian Island And Throughout The City. (Page 281)
(Requested by Commissioner Edward L. Tobin)
(Additional Information To Be Submitted In The Supplemental)
R9F Discussion Regarding Extension Of Bonus Incentive Timeline For The New World Symphony
Soundscape Park. (Page 283)
(Requested by Commissioner Edward L. Tobin)
R9G Discussion Regarding The Noise Ordinance And Allowable Noise Levels In Interior Restaurant
Spaces. (Page 285)
(Requested by Commissioner Edward L. Tobin)
Reports and Informational ltems
Reports and Informational ltems (see LTC #320-2010)
End of Regular Agenda
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
THE REGULARLY SCHEDULED MEETINGS OF THE ClTY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED
MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON CABLE CHANNEL 77, AND ARE AVAILABLE IN
THE CITY CLERKS OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE ClTY
COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST.
DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split
into two (2) sessions, 1 :30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission Meeting has
not already adjourned prior to the time set for either session of the Forum. In the event of adiournment prior to the Stanley
Sutnick Citizens' Forum, notice will be posted on Cable Channel 77, and posted at City Hall. Approximately thirty (30)
minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period
established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this
Forum.
2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the
Agenda may be obtained at the City Clerk's Office on the Monday prior to the Commission regular meeting. The complete
Agenda, including all backup material, is available for inspection beginning the Monday prior to the Commission meeting at
the City Clerk's Office and at the following Miami Beach Branch Libraries: Main, North Shore, and South Shore. The
information is also available on the City's website: www.miamibeachfl.~ov the Friday prior to a Commission Meeting.
Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address
and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, FI 33 139,
briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be
handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff.
"Requests for Agenda Considerationr' will not be placed on the Agenda until after Administrative staff review. Such review will
ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission
may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Tuesday of
the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package.
Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to
those subiects included in their written requests.
4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s) listed on the Agenda, other than
public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk,
1700 Convention Center Drive, telephone 673-741 1, before 5:00 p.m., no later than the day prior to the Commission meeting
and give their name, the Agenda item to be discussed, and if known, the Agenda item number.
5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and
persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their
views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's
Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient
time, within the discretion of the Mayor, to present their views.
6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a
period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or
corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the
discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a
specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor.
201 1 Schedule of City of Miami Beach
City Commission and Redevelopment Agency (RDA) Meetings
Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall,
1 700 Convention Center Drive, Miami Beach, Florida.
Commission Meetings Alternate Meetings
January 19 (Wednesday) January 26 (Wednesday)
February 9 (Wednesday) February 16 (Wednesday)
March 9 (Wednesday) March 16 (Wednesday)
April 1 3 (Wednesday) April 27 (Wednesday]
May 1 1 (Wednesday) May 18 (Wednesday]
June 1 (Wednesday)
July 13 Wednesday) July 20 Wednesday)
August - Cify Commission in recess
September 14 (Wednesday)
October 1 9' (Wednesday] October 26 (Wednesday)
November 2 (Wednesday] - Election related only
November 16 (Wednesday] - If Run-off Election only
December 14 (Wednesday] December 2 1 (Wednesday)
F:\CLER\$ALL\a City Commission\201 1 Schedule of City of Miami Beach.docx
AM1 BEACH
CITY CLERK'S OFFICE - LOBBYISTS LIST
December 8,201 0
Commission Meeting
( NO LOBBYISTS REGISTERED ON ANY I
AGENDA ITEMS AS OF TODAY
COMMISSION ITEM SUMMARY
Condensed Title:
I An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled [
"Administration," By mendi in^ Article Ill, ~ntitled "Agencies, Boards And ~ommkees,;' By Amending
Division 14, Entitled "Safety Committee," By Amending Sec. 2-176(E) To Require That One Of The Two
Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency Response
Team (CERT) Certified; Providing For Codification, Repealer, Severability, And An Effective Date.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the Mayor and City Commission amend the City Code By Amending Sec. 2-176(E) To Require
That One Of The Two Direct Appointments Made By The Mayor And Each City Commissioner Be
Citizen Emergency Response Team (CERT) Certified?
Item SummarylRecommendation: I SECOND READING PUBLIC HEARING I
The ordinance was approved on first reading at the November 17, 2010 Commission Meeting with a
referral to the Neighborhood/Community Affairs Committee to determine how to transition CERT certified
appointee onto the Committee. The item is scheduled to be heard at the December 14'~ meeting of the
NeighborhoodlCommunity Affairs Committee.
Pursuant to Sec. 2-1 76 (b) the goal of the safety committee is to protect the safety and well-being of the
citizens and visitors of the city. As members of the community, the committee serves as a vehicle for
communications between those who have the ability to correct them. Through the efforts of the committee,
the city will be saved from lawsuits resulting from perilous conditions while simultaneously promoting the
overall image of the city. The committee shall be composed of 14 members who shall be direct
appointments; two appointments shall be made by the mayor and each commissioner.
Pursuant to Sec 2-176 (e) the members of the committee shall have knowledge of and interest in the
safety of the citizens of the city. At the Neighborhood/Community Affairs Committee meeting of August 31,
2010, the committee members moved to require that as appointments for the Safety Committee come
due, that one (1) of the two (2) members appointed by the mayor and each commissioner be required to
be Citizen Emergency Response Team "CERT" certified.
I The Administration recommends adopting the Ordinance. 1
Advisory Board Recommendation:
Neighborhood1 Community Affairs Committee meeting of 8/31/2010 and accepted by the City
Commission on October 27, 2010.
Financial Information:
I source of I Amount I Account I
Funds: I I I 2 1
3 1
OBPl Total I 1 Financial Impact Summary: I
AM1 BEACH AGENDA ITEM W5A
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manag
DATE: December 8, 201 0 S OND READING PUBLIC HEARING @ SUBJECT: AN ORDINANCE AMENDING E CODE OF THE ClTY OF MIAMI BEACH,
BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND
COMMITTEES," BY AMENDING DIVISION 14, ENTITLED "SAFETY
COMMITTEE," BY AMENDING SEC. 2-176(E) TO REQUIRE THAT ONE OF
THE TWO DIRECT APPOINTMENTS MADE BY THE MAYOR AND EACH
ClTY COMMISSIONER BE CITIZEN EMERGENCY RESPONSE TEAM
(CERT) CERTIFIED; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
The ordinance was approved on first reading at the November 17, 2010 Commission Meeting
with a referral to the Neighborhood/Community Affairs Committee to determine how to transition
CERT certified appointee onto the Committee. The item is scheduled to be heard at the
December 14'~ meeting of the Neighborhood/Community Affairs Committee.
Pursuant to Sec. 2-176 (b) the goal of the safety committee is to protect the safety and well-
being of the citizens and visitors of the city. As members of the community, the committee
serves as a vehicle for communications between those who have the ability to correct them.
Through the efforts of the committee, the city will be saved from lawsuits resulting from perilous
conditions while simultaneously promoting the overall image of the city. The committee shall be
composed of 14 members who shall be direct appointments; two appointments shall be made
by the mayor and each commissioner.
Pursuant to Sec 2-176 (e) the members of the committee shall have knowledge of and interest
in the safety of the citizens of the city. At the Neighborhood/Community Affairs Committee
meeting of August 31, 201 0, the committee members moved to require that as appointments for
the Safety Committee come due, that one (1) of the two (2) members appointed by the mayor
and each commissioner be required to be Citizen Emergency Response Team "CERT" certified.
At its October 27, 2010 Commission Meeting, the City Commission approved the report of
August 31, 2010, which requires that one of the two appointments made by the Mayor and each
Commissioner be CERT certified.
CONCLUSION
As requested, the ordinance amends the Code of the City of Miami Beach, by amending
Chapter 2, Article Ill, "Agencies, Board And Committees," Division 14, "Safety Committee" Sec.
2-176(e) to require that one of the appointments made by the Mayor and each Commissioner be
CERT certified.
T:\AGENDA\201 O\Decernber 8\Regular\SAFETY COMMllTEE CERT MEMO.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE
ClTY OF MlAMl BEACH, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 14, ENTITLED "SAFETY COMMITTEE," BY AMENDING
SEC. 2-176(E) TO REQUIRE THAT ONE OF THE TWO DIRECT
APPOINTMENTS MADE BY THE MAYOR AND EACH ClTY
COMMISSIONER BE CITIZEN EMERGENCY RESPONSE TEAM
(CERT) CERTIFIED; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the concept of Citizen Emergency Response Team (CERT) was developed
as a way to utilize trained citizens to assist fire responders in the event of a catastrophic incident
that overwhelms local response; and
WHEREAS, CERT teams are trained in basic first aid and in search and rescue
techniques; and
WHEREAS, at the October 27, 2010 City Commission Meeting, the City Commission
accepted the recommendation of the Neighborhoods and Community Affairs Committee that
one of the two direct appointments made by the Mayor and City Commission to the City's Safety
Committee be CERT certified.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA:
SECTION 1.
That Section 2-1 76 of Chapter 2 of the Miami Beach City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
Article Ill. Agencies, Boards And Committees
Division 44. Safety Committee
Sec. 2-176. Established; purpose; powers and duties; composition.
(e) Knowledge and experience. The members of the committee shall have knowledge of and
interest in the safety of the citizens of the city. One of the two direct amointments made bv the
Mavor and each Commissioner shall be Citizen Emeraencv Res~onse Team (CERT) certified.
SECTION 2. 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 re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. SEVERABILIW.
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 the day of November, 201 0.
PASSED and ADOPTED this day of November, 201 0.
ATTEST:
Matti Herrera Bower, Mayor
Robert Parcher, City Clerk
Underline denotes additions
T:\AGENDA\201O\November lnRegular\SAFETY COMMITTEE CERT OR
Board and Committees Current Members
Composition:
Committee consists of fourteen (14) members who shall be direct appointments, two (2)
appointments shall be made by the Mayor and each Commissioner.
The members shall have knowledge of and interest in the safety of the citizens of the city. City
Liaison: Clifford Leonard
To replace Rheta
Lastinaer
12/31/2010 Commissioner Jorge Exposito
Name Last Name PositionITitle Term Ends: Appointed by: Term Limit:
Abe
Alfredo
Barbara
Baruch
Calvin
Jane
Jeannette
Jerry
Jonathan
Marcella
Oren
Robert
Scott
Lavender
ReY
Gillman
Sandhaus
Kohli
Hayes
Egozi
Marsch
Parker
Paz Cohen
Lieber
Rabinowitz
Robins
Mayor Matti Herrera Bower 12/31/11
Commissioner Deede Weithorn 12/31/17
Commissioner Jonah M. Wolfson 12/31/13
Commissioner Jorge Exposito 12/31/17
Commissioner Jerry Libbin 12/31/16
Commissioner Jerry Libbin 12/31/17
Commissioner Michael G6ngora 12/31/17
Mayor Matti Herrera Bower 12/31/13
Commissioner Jonah M. Wolfson 12/31/16
Commissioner Deede Weithorn 12/31/16
Commissioner Ed Tobin 12/31/14
Commissioner Michael Gbngora 12/31/17
Commissioner Ed Tobin 12/31/17
-- - - - - -- - - - - -
Applicants PositionPTitle Applicants PositionPTitle
Francisco Ruiz Gertrude Arfa
Ida Percal Maria Gomez
Michael Perlmutter Robert Blumenthal
Silvia Rotbart
--~~-~G~-~m--~~7~~~e~~~~~w~~~~
Tz~esdny, November 02,2010 Page 41 of 48
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will
be held by the Mayor and City Commission of the City of Miami Beach,
Florida, in the Commission Chambers, 3rdfloor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on Wednesday, December 8"', 2010,
to consider the following:
t$ 10:15a.m.
Ordinance AmendingThe Code MThe City bf Miami Beach, By Amending
Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled
"Agencies, Boards And Committees," By Amending Division 14, Entitled
"Safety Committee," By Amending Sec. 2-176(E) To Require That One
Of The Two Direct Appointments Made By The Mayor And Each City
Commissioner Be Citizen Emergency Response Team (CERT) Certified.
lnquiries may be directed to the City Clerk's Office 9305) 673-741 1.
10:20 a.m.
Ordinance Amending The Land Development Regulations Of The
City Code By Amending Chapter 118,- "Administrative And Review
Procedures," Article II, "Boards," Division 5, "Board Of Adjustment,"
Section 118-134, "Notification Of Hearings"; Article IV, "Gonditional
Use Procedure," Section 118-193. "Applications For Conditional Uses";
Article VI, "Design Review Procedures"; Section 11 8-254, "Decision Of
Design Review Board," And Secfion 118-257, "Deferrals, Continuances
And Withdrawals," Article X, "Historic Preservation"; Section
11 8-563, "Review Procedure," And Section 11 8-591, "Historic
Designation Procedure," And Article XI. "Neighborhood Conservation
Districts (NCD)"; Section 11 8-705, "Procedures For Adoption Of Specific
NCD Overlay Districts," To Expand The Public Notice Period For All Four
Land Use Boards From 15 Days To 30 Days.
lnquiries may be directed to the Planning Department (305) 673-7550.
10:40 a.m.
Ordinance Amending The Code Of he Gity 0f Miami Beach Code, By
Amending Chapter 142, Zoning Districts And Regulations, Article V,
Specialized Use Regulations, Division 7,'Bed And Breakfast Inns, Section
142-1401, Conditions For Bed And Breakfast Inns, By Modifying The
Conditions For Bed And Breakfast inns To Widen The Eligibility For
Alterations.
lnquiries may be directed to the Planning Department (305) 673-7550.
INTERESTED PAR~~Es are invited to appear at this meeting or be
represented by an agent or to express Weir views in writing addressed
to the City Commission c/o the City Clerk, 1700 Convention Center Drive,
I* Floor, City Hall, Miami Beach, Florida 33139. This meeting may be
opened and 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, FL Statutes, 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.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding, or
to request information on access for persons with disabilities, or to
request this publication in accessible format, or to request sign language
interpreters, should contact the City Clerk's offiffie at (395) 673-741 1, no
later than four days prior to the proceeding. If hearing impaired, contact
the City Clerk's office via the Florida Relay Service numbers, (800) 955-
8771 0 or (800) 955-8770 (VOICE). AD #,637 -
141
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title: I An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending the public I I notice period from 15 days to 30 days for all four land use boards
Key Intended Outcome Supported: I Regulatory -
I Supporting Data (Surveys, Environmental Scan, etc Regulatory I
Issue:
Should the City Commission expand the public noticing requirement of all four land use boards from 15
days to 30 days; thereby extending the submission deadlines from approximately 45 days to 60 days?
Item SummarylRecommendation:
SECOND READING PUBLIC HEARING
At the September 27,2010 meeting, the Land Use and Development Committee discussed and referred
an ordinance to the Planning Board that would extend the mailed notice requirement in the Land
Development Regulations of the City Code from 15 days to 30 days. This proposal developed out of the
TRAC Committee recommendations to make the Land Development Application and Review Process
more transparent and accessible to the public.
Implementation of the proposed ordinance will result in delaying the timing for applications to be heard by
the respective land use boards. By requiring the publishing of a 30-day notice, staff will have to advance
the submission deadlines an additional two weeks, which will have the effect of making this a two-month
(60 days) deadline before the scheduled hearing. However, since additional requirements have been
adopted in the past year, requiring certain consultant studies for noise and traffic impacts, and in many
cases requiring a second peer review performed by a City hired professional consultant, building extra time
into the application process is warranted in order to allow adequate time to commission and review such
studies.
The Administration recommends that the City Commission adopt the proposed ordinance. I
Idvisory Board Recommendation:
At the October 26,201 0 meeting, the Planning Board voted not to recommend approval of the proposed
ordinance by a vote of 5-2. The Board discussed this ordinance extensively and ultimately believed that
the additional time added to the submission deadlines in order to provide a 30-day notice was not
business friendly and extremely onerous to applicants.
:inancia1 Information:
Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon
the resources of the City at this time.
City Clerk's Office Legislative Tracking: I Richard Lorber or Mercy Lamazares I
u I OBPl
MIAMIBEACH
Account Source of
Funds:
I I
Total I
2
1
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cit~Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 8, 201 0
econd read in^ Public Hearinq $ij
SUBJECT: AN ORDINANCE AMENDMENT TO EXPAND THE PUBLIC NOTICE PERIOD
FROM 15 DAYS TO 30 DAYS FOR ALL FOUR LAND USE BOARDS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
ClN OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING
CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES,"
ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT,"
SECTION 118-134, "NOTIFICATION OF HEARINGS"; ARTICLE IV,
"CONDITIONAL USE PROCEDURE," SECTION 118-193.
"APPLICATIONS FOR CONDITIONAL USES"; ARTICLE VI, "DESIGN
REVIEW PROCEDURES"; CHAPTER 118, "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE x, "HISTORIC
PRESERVATION"; AND ARTICLE XI. "NEIGHBORHOOD
CONSERVATION DISTRICTS (NCD)"; TO EXPAND THE PUBLIC
NOTICE PERIOD FOR ALL FOUR LAND USE BOARDS FROM 15
DAYS TO 30 DAYS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
BACKGROUND
At the September 27, 2010 meeting, the Land Use and Development Committee
discussed and referred an ordinance to the Planning Board that would extend the mailed
notice requirement in the Land Development Regulations of the City Code from 15 days
to 30 days. This proposal developed out of the TRAC Committee recommendations to
make the Land Development Application and Review Process more transparent and
accessible to the public.
City Commission Memorandum
File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards
December 8. 2010 Paae 2
ANALYSIS
At the Land Use and Development Committee meeting of October 26, 2009, staff
discussed with the Committee their plans to post additional information and
documentation on the City's website and to expand the language of the project
descriptions in the public notices for the Land Use Boards. The TRAC Committee
recommendation to expand the public notice period for the four Land Use Boards
(Planning Board, Board of Adjustment, Historic Preservation Board and Design Review
Board) from 15 days to 30 days will require an amendment to the Land Development
regulations. The attached ordinance would accomplish this task for all four boards.
Implementation of the proposed ordinance will result in delaying the timing for
applications to be heard by the respective land use boards. By requiring the publishing
of a 30-day notice, staff will have to advance the submission deadlines an additional two
weeks, which will have the effect of making this a two-month (60 days) deadline before
the scheduled hearing. However, since additional requirements have been adopted in
the past year, requiring certain consultant studies for noise and traffic impacts, and in
many cases requiring a second peer review performed by a City hired professional
consultant, building extra time into the application process is warranted in order to allow
adequate time to commission and review such studies.
Planning Department staff has been discussing this proposal to extend the notice
requirements with the four Land Use Boards, with stakeholders from the business and
development community and with the neighborhood residents and citizen activists.
There is always a strong desire to streamline governmental processes and reduce the
time it takes to have proposals reviewed and approved. However, there is also a clear
realization that additional public notice for pending land use and development approvals
is important. Often public hearings are delayed or continued by the boards, when
nearby residents or neighborhood groups complain about not having been notified about
proposals until the last minute. Rather than to continue to entertain these arguments, by
extending the notice period to 30 days, conflicts over late noticing can be reduced, and
all parties can have more time to work together on building consensus.
By extending the timeframes for applications and public notices for Land Use board
hearings, together with improvements to the City's website and public outreach,
Planning Department staff believes that significant increases in public awareness and
participation in the City's Planning and Development activities can be achieved.
Attached is a sample staff worksheet that illustrates how these new deadlines would
work in relation to the meeting date.
PLANNING BOARD ACTION
At the October 26, 2010 meeting, the Planning Board voted not to recommend approval
of the proposed ordinance by a vote of 5-2. The Board discussed this ordinance
extensively and ultimately believed that the additional time added to the submission
deadlines in order to provide a 30-day notice was not business friendly and would be
extremely onerous to applicants.
The City Commission approved the proposed ordinance on first reading on November
17, 2010.
Cify Commission Memorandum
File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards
December 8, 2010 Page 3
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
Pursuant to Section 118-164 (3) 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. Immediately following the
public hearing at the second reading, the city commission may adopt the ordinance by
an affirmative vote of five-sevenths of all members of the city commission.
T:\AGENDA\201O\December 8\Regular\1980 - expan to 30-day notice memo.docx
City Commission Memorandum
File 1980 - expand the public notice period from 15 days fo 30 days for all four land use boards
December 8, 2010 Page 4
PLANNING DEPARTMENT
PUBLISHED NOTICE & POSTING LOG
PLANNING BOARD - Examp!@ worksheet
MEETING DATE:
Submission deadline for this meeting (the Monday 60 days prior to
meeting)
(If the date falls on a holiday, then the following day)
MAILING DEADLINES:
Labels, Envelopes & Notices picked up by: (40 days prior)
Stuffed and labeled envelopes due back by: (35 days prior) 21 -Sep-I 0
Stuffed and labeled envelopes in mailbox by (30 days prior) 26-Sep-10
Posting of properties by: (30 days prior) 26-Sep-10
PUBLISHING:
To Miami Herald Neighbors: 35 days prior) 21 -Sep-I 0
Deadline for Miami Herald Neighbors: 34 days prior) 22-Sep-I 0
Published in the Miami Herald Neighbors: (Sunday - 30 days prior) 26-Sep-10
Post After-Action report on City's Web Site 30-Oct-10
PACKAGES AND WEB INFO:
Send complete packages to Board Members (the prior Thursday) 21 -0ct-I 0
E-Mail Agenda to Web & Mailing List 21 -0ct-10
E-Mail N Agenda to Jeffrey Singer 21 -0ct-10
15 days prior to the meeting: (Monday) I1 -0ct-10
21 days prior to the meeting: (Tuesday) 05-Oct-I 0
MEETING DATE: (Tuesday) 26-Oct-10
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE ClTY CODE BY
AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW
PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD
OF ADJUSTMENT," SECTION 1 18-134, "NOTIFICATION OF
HEARINGS"; ARTICLE IV, "CONDITIONAL USE PROCEDURE,"
SECTION 1 18-1 93. "APPLICATIONS FOR CONDITIONAL
USES"; ARTICLE VI, "DESIGN REVIEW PROCEDURES";
SECTION 118-254, "DECISION OF DESIGN REVIEW BOARD,"
AND SECTION 118-257, "DEFERRALS, CONTINUANCES AND
WITHDRAWALS," ARTICLE X, "HISTORIC PRESERVATION";
SECTION 118-563, 'TEVIEW PROCEDURE," AND SECTION
I 18-591, "HISTORIC DESIGNATION PROCEDURE," AND
ARTICLE XI, "NEIGHBORHOOD CONSERVATION DISTRICTS
(NCD)"; SECTION 11 8-705, "PROCEDURES FOR ADOPTION
OF SPECIFIC NCD OVERLAY DISTRICTS," TO EXPAND THE
PUBLIC NOTICE PERIOD FOR ALL FOUR LAND USE BOARDS
FROM 15 DAYS TO 30 DAYS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the TRAC Committee recommendations aspire to make the Land
Development Application and Review Process more transparent and accessible to the
public; and
WHEREAS, an important recommendation of the Committee was to extend the
required mailed and newspaper notices for all four land use boards from 15 days to 30
days minimum; and
WHEREAS, the Land Use and Development Committee requested that an
ordinance amendment be drafted, which will extend the required mailed and newspaper
notice for all four land use boards from 15 days to 30 days minimum; and
WHEREAS, doing so should result in significant increases in public awareness
and participation in the City's Planning and Development activities; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 118, "Administration and Review Procedures," Article II, Boards,,
Division 5,"Board of Adjustment," Section 118-134, "Notification of hearings" is hereby
amended as follows:
Sec. 1 18-1 34. Notification of hearings.
The board of adjustment shall not vary or modify any regulation or provision of these
land development regulations or hear an appeal of an administrative decision until a
public hearing has been held. At least 30 davs prior to the public hearing date, a
description of the reauest, and the date, time and place of such hearing shall be (i)
posted on the propertv, (ii) advertised in a paper of general paid circulation in the
communitv, and (iii) given bv mail to the owners of record of land lving within 375 feet of
the ~ropertv. This mailed notification reauirement shall be the responsibilitv of the
applicant. iz 3
Where the application is for an appeal of an administrative decision the preceding
information shall be supplemented by an explanation of what is being appealed.
Section 2. Chapter 11 8, "Administration and Review Procedures," Article IV,
"Conditional Use Procedure," Sec. 1 18-1 93. "Applications for conditional uses" is hereby
amended as follows:
Sec. 11 8-1 93. Applications for conditional uses.
At least 30 days prior to the public hearing date, a description of the
request, and the date, time and place of such hearing shall be posted on the property,
& advertised in a paper of general paid circulation in the community, and (iii) ,
given by mail to the owners of record of land lying within 375 feet of
the property. This mailed notification requirement shall be the responsibility of the
applicant.
Section 3. Chapter 118, "Administration and Review Procedures," Article VI, "Design
Review Procedures," is hereby amended as follows:
Sec. 1 18-254. "Decision of design review board"
(b) V At least 30 days prior to the public hearing date, a description of
the request, and the date, time and place of such hearing shall be (i) posted on the
propertv, (ii) be advertised in a paper of general paid circulation in the communitv . . m; and (iii) given by mail to the owners of record of land
lying within 375 feet of property. The mail notification requirement shall be the
responsibility of the applicant.
Set. 1 18-257. Deferrals, continuances, and withdrawals.
(a) An applicant may defer an application before the public hearing only one time.
The request to defer shall be in writing. When an application is deferred, it shall be re-
noticed at the applicant's expense as provided in section 11 8-254. The applicant shall
also pay a deferral fee as set forth in this article. In the event that the application is not
presented to the design review board for approval at the meeting date for which the
application was deferred, the application shall be deemed null and void. If the application
is deferred by the board, the notice requirements shall be the same as for a new
application as provided in section 11 8-254, and shall be at the city's expense.
(b) The board may continue an application to a date certain at either the request of ... the applicant or at its own discretion. a
Section 4. Chapter 11 8, "Administration and Review Procedures," Article
XI "Historic Preservation," is hereby amended as follows:
Division 3. Issuance Of Certificate Of Appropriateness/Certificate To DigKertificate Of
Appropriateness For Demolition"
Section 1 18-563, "Review procedure"
(c) All applications for a certificate of appropriateness for the demolition or partial
demolition of any building, structure, improvement, significant landscape feature, public
interior or site individually designated in accordance with sections 118-591, 118-592 and
118-593, or located within an historic district and all applications for a certificate of
appropriateness for new building construction, alteration, rehabilitation, renovation,
restoration or any other physical modification of any building, structure, improvement,
significant landscape feature, public interior or site individually designated in accordance
with sections 1 18-591, 11 8-592 and 1 18-593, or located within an historic district shall
only be considered by the board following a public hearing. At least 30
days prior to the public hearing date, a description of the request with the date, time and
place of such hearing shall be fi posted on the propertv, (ii) advertised in a paper of
general paid circulation in the comm~nity;~ and fw&+&aU be given by mail to the
owners of record of land lying within 375 feet of the property. The mail notification
requirement shall be the responsibility of the applicant.
Division 4. Designation
Sec. 1 18-591. Historic designation procedure.
(f) Public hearing; notification. A public hearing on a proposed historic preservation
designation shall be conducted by the historic preservation board after the date a
designation report has been filed. The property owners of record within 375 feet of the
property proposed for designation shall be notified by mail of the public hearing at least
4-5 %days in advance of the hearing. This notification requirement shall be the
responsibility of the applicant.
(g) Designation procedures initiated by owners of single-family homes in single-
family districts. Notwithstanding the above, the following shall apply to any request by
property owners for the individual designation of their single-family homes as historic
structures:
(2) Public notice requirements. At least 4-5 =days prior to the public hearing date
for the subject designation, a description of the request with the time and place of the
public hearing, shall be advertised in a paper of general paid circulation in the
community.
Section 5. Chapter 118, "Administration and Review Procedures," Article XI.
"Neighborhood Conservation Districts (NCD)" is hereby amended as follows:
Sec. 1 I 8-705. Procedures for adoption of specific NCD overlay districts.
(b) Preliminary review.
(2) Notification of the preliminary public hearing shall be advertised in accordance
with section 118-164(2)(b) regardless of acreage and, in addition, all property owners
within the proposed district as well as within a 375-foot radius of the proposed district
shall be notified by individual mail notice with a description prepared in plain English,
and postmarked not less than 445 =days in advance of the hearing.
(d) Discussion and recommendations by the design review board.
(2) Notification of this public meeting shall be advertised in a newspaper of general
circulation at least 4-5 =days prior to the meeting.
Section 6. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
Section 7. 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 "sectionJ1 or
other appropriate word.
Section 8. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 9. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2010.
MAYOR
ATTEST:
CITY CLERK
First Reading:
Second Reading:
APPROVED AS TO
I FORM AND LANGUAGE
& FOR EXECUTION
Date
Verified by:
Richard G. Lorber, AlCP
Acting Planning Director
Underscore denotes new language.
Skk#wqb denotes deleted language.
T:\AGENDA\2010Wovember 17Regular\Expan to 30-day notice ORD rev.docx
@h MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will
be held by the Mayor and City Commission of the City of Miami Beach,
Florida, in the Commission Chambers, 3rdfloor, City Hall, 1700 Convention
Center Drive, Miami.Beach, Florida, on Wednesday, December 8"', 2010,
to consider the following:
l&15 a.m.
Ordinance Amending The Code MThe City bf Miami Beach, By Amending
Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled
"Agencies, Boards And Committees," By Amending Division 14, Entitled
"Safety Committee," By Amending Sec. 2-176(E) To Require That One
Of The Two Direct Appointments Made By The Mayor And Each City
d
Commissioner Be Citizen Emergency Response Team (CERTJ Certified.
lnquiries may be directed to the City Clerk's Office 9305) 673-741 1.
10:20 a.m.
,Ordinance Amending The Land Development Regulations Of The
City Code By Amending Chapter 11 8; "Administrative And Review
Procedures," Article 11, "Boards," Division 5, "Board Of Adjustment,"
Section 118-134, "Notification Df. Hearings"; Article IV, "Conditional
Use Procedure," Section 118-193. "Applications For Conditional Uses";
Article VI, "Design Review Procedures"; Section 118-254, "Decision Of
Design Review Board," And Section 118-257, "Deferrals, Continuances
And Wihdrawals," Article X, "Historic Preservation"; Section
11 8-563, "Review Procedure," And Section 11 8-591, "Historic
Designation Procedure," &id Article XI. "Neighborhood Conservation
Districts (NCD)"; Section 118-705, "Procedures For Adoption Of Specific
NCD Overlay Districts," To Expand The Public Notice Period For All Four
Land Use Boards From 15 Days To 30 Days.
lnquiries may be directed to the Planning Department (305) 673-7550. '
10:40 a.m.
Ordinance Amending The Code Of The Gity Of Miami Beach Code, By
Amending Chapter 142, Zoning Districts And Regulations, Article V,
Specialized Use Regulations, Division 7,Bed And Breakfast Inns, Section
142-1401, Conditions For Bed And Breakfast Inns, By Modifying The
Conditions For Bed And Breakfast lnns To Widen The Eligibility For
Alterations.
Inquiries may be directed to the Planning Department (305) 673-7550.
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"' Floor, City Hall, Miami Beach, Florida 33139. This meeting may be
opened and 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, FL Statutes, the City hereby advises the
public that: if a person decides to appeal any decision made by the
City Commission with respect to any maiter 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 const'iute
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.
In accordance with the Ameriuans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding, or
to request information on access for persons with disabilities, or to
request this publication in accessible format, or to request sign language
interpreters, should contact the City Clerk's office at (305) 673-741 1, no
later than four days prior to the proceeding. If hearing impaired, contact
the City Clerk's office via the Florida Relay Service numbers, (800) 955-
8771 0 or (800) 955-8770 (VOICE). AD #,637 -
153
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I I
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 142,
"Zoning Districts And Regulations," Article II "District Regulations," Division 18 "PS Performance Standard
District," Amending Section 142-693 "Permitted Uses," By Permitting Low Impact Car Washing And Auto
Detailing In The CPS-2 District, When Completely Contained Within A Parking Garage Structure, And Not
Visible From The Street Or Public Right-of-way.
Key Intended Outcome Supported:
Neighborhood satisfaction and Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6%,
suggested the effort put forth by the City to regulate development is "about the right amount."
Issue:
I Should the City Commission allow low impact car washing and auto detailing in parking structures in the I I C-PS2?
Item SummarylRecommendation:
FIRST READING PUBLIC HEARING
Currently, Section 142-692 of the City Code contains a list of uses permitted in each district within the PS
Performance Standards districts, the area located south of Sixth Street, and from the Atlantic Ocean to
Biscayne Bay, which is analogous to the previously existing redevelopment area. As such, although
commercial uses are permitted within the Commercial districts such as CPS-2, the development
regulations for this zoning district contain a prohibition that car washes, filling stations and any use that
sells gasoline, automobiles or auto repair, as they are considered industrial uses and not permitted in the
redevelopment area.
While there has been strong demand for car wash services within the City, these are limited to the Urban
Light Industrial 1-1 district, and as accessory uses to existing non-conforming gas stations when part of a
renovation including the provision of a generator. However, while completely enclosed commercial car
washes may be potentially permitted in other Commercial zoning districts, in the case of the C-PS2, even
that possibility does not exist, because of the blanket prohibition on car washes contained in the section.
I I I
Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon
The Administration recommends that the City Commission approve the proposed ordinance on first
reading public hearing and set a second reading public hearing at the January 19, 201 1 meeting.
Advisory Board Recommendation:
At the October 26,2010 meeting, the Planning Board recommended that the City Commission approve
proposed ordinance by a vote of 5-1 (one member absent).
Financial Information:
I the resources of the City at this time. I
City Clerk's Office Legislative Tracking:
Richard Lorber or Mercy Lamazares
MIAMIBEACH
Source of
Funds:
1 OBPl
AGENDA ITEM 85 c
Amount
1
2
Total
Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage 9-x"
DATE: December 8, 201 (36
~rst Readina Public Hearing
SUBJECT: Allow low impact car washing and detailing in the C-PS2 zoning district.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
CIN OF MIAMI BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS,"ARTlCLE II "DISTRICT REGULATIONS,"
DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142-693 "PERMITTED USES," BY
PERMITTING LOW IMPACT CAR WASHING AND AUTO DETAILING
IN THE CPS-2 DISTRICT, WHEN COMPLETELY CONTAINED WITHIN
A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM THE
STREET OR PUBLIC RIGHT-OF-WAY; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance on first reading and set a second reading public hearing for the January 19,
201 1 meeting, after 5:00 p.m.
BACKGROUND
At the July 29, 2010 meeting, the Land Use and Development Committee discussed a
request made by the City Commission, at its July 14, 2010 meeting, for a possible
amendment to the development regulations of the C-PS2 zoning district that would
permit low impact car washing and detailing within a parking structure
Historical Background
The South Shore Redevelopment Agency was created in 1973. At that time the agency
prepared a redevelopment plan, "The South Shore Redevelopment Plan," adopted on
March 2, 1977. The Plan called for "predominant clearance of buildings and the
selection of a master developer. In 1982, after failing to select a master developer, the
Cify Commission Memorandum
File 1978 - low impact car washing and defailing in the C-PS2 zoning district
December 8, 2010 Page 2
City abandoned the 1976 Redevelopment Plan and appointed a committee to prepare a
new revitalization strategy for the area.
Ordinance No. 84-2439,
adopted on September 19,
1984 established the PS
Performance Standard
District for the South Shore
Redevelopment area and the
development regulations for
the district.
Ordinance 89-2665, known
as the Comprehensive
Zoning Ordinance, which
became effective on October
1, 1989, which amended
previous zoning ordinances,
included a restriction in the
PS Performance Standard
District for filling stations and
any use that sells gasoline or
automotive or related repair
uses. These uses were
considered industrial uses
and not to be permitted in the
Redevelopment Area.
Ordinance 94-2908 amended
the Comprehensive Zoning
Ordinance No. 89-2665.
Among the amendments was
new text clarifying the uses allowed in the PS Performance Standard District by including
in the uses not permitted the sale of automobiles.
It should be noted that long ago, the sale and service of automobiles was a permitted
use in the area. The 5th and Alton project occupies what was the Potamkin dealership
service area. The showroom at the time was across the street to the west.
It should also be noted that the South Shore Redevelopment Area was sunsetted on
September 30, 2005 although the PS Performance Standard regulations remain in
place.
ANALYSIS
Currently, Section 142-692 of the City Code contains a list of uses permitted in each
district within the PS Performance Standards districts, the area located south of Sixth
Street, and from the Atlantic Ocean to Biscayne Bay, which is analogous to the
previously existing redevelopment area. As such, although commercial uses are
permitted within the Commercial districts such as CPS-2, the development regulations
for this zoning district contain a prohibition that car washes, filling stations and any use
City Commission Memorandum
File 1978 - low impact car washing and detailing in the C-PS2 zoning district
December 8, 2010 Pane 3
that sells gasoline, automobiles or auto repair, as they are considered industrial uses
and not permitted in the redevelopment area.
While there has been strong demand for car wash services within the City, these are
limited to the Urban Light Industrial 1-1 district, and as accessory uses to existing non-
conforming gas stations when part of a renovation including the provision of a generator.
However, while completely enclosed commercial car washes may be potentially
permitted in other Commercial zoning districts, in the case of the C-PS2, even that
possibility does not exist, because of the blanket prohibition on car washes contained in
the section.
Staff suggests that the ordinance permit low impact car wash and auto detailing services
within parking garage structures in the CPS-2 district, when such services are
completely contained within the garage and not visible from the street or public right-of-
way. These types of accessory car washes are common in other areas of South Florida
and should not cause disruption to neighboring properties if contained properly. For
purposes of this ordinance, low impact car wash will be defined as mobile type car
washes or wand car washes, and excluding rollover or tunnel car washes.
PLANNING BOARD ACTION
At the October 26, 2010 meeting, the Planning Board recommended that the City
Commission approve the proposed ordinance by a vote of 5-1, with one member absent.
CONCLUSION
The Administration recommends that the City Commission approve the proposed
ordinance on first reading and set a second reading public hearing for the January 19,
201 1 meeting, after 5:00 p.m.
Pursuant to Section 118-164 (2) of the City Code, when the proposed amendment
changes the actual list of permitted, conditional or prohibited uses within a zoning
category, regardless of the acreage of the area affected, the City Commission shall hold
two advertised public hearings on the proposed ordinance. At least one hearing shall be
held after 500 p.m. on a weekday. The first public hearing shall be held at least seven
days after the day that the first advertisement is published. The second public hearing
shall be advertised at least five days prior to the public hearing.
The required advertisements shall be no less than two columns wide by ten inches long
in a standard size or tabloid size newspaper, and the headline in the advertisement shall
be in a type no smaller than 18 point. The advertisement shall be in substantially the
following form:
NOTICE OF (TYPE OF) CHANGE
The City of Miami Beach proposes to adopt the following ordinance: (title of ordinance)
A public hearing on the ordinance will be held on (date and time) at (meetina place). p"
JMGIJGGIR LIML
T:\AGENDA\201O\Decernber 8\Regular\1978 - Car wash in CPS2 rnerno.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE I1 "DISTRICT REGULATIONS,"
DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142-693 "PERMITTED USES," BY
PERMITTING LOW IMPACT CAR WASHING AND AUTO DETAILING
IN THE CPS-2 DISTRICT, WHEN COMPLETELY CONTAINED WITHIN
A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM THE
STREET OR PUBLIC RIGHT-OF-WAY; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, while commercial uses are permitted within the Commercial districts,
the CPS-2 district regulations contain a prohibition for car washes, filling stations and
any use that sells gasoline, automobiles or auto repair, as these uses are treated as
industrial uses for purposes of the redevelopment area and not permitted there; and
WHEREAS, car wash services within the City are limited to the Urban Light
Industrial 1-1 district, and as accessory uses to existing, and to non-conforming gas
stations when the provision of a generator is part of a renovation; and
WHEREAS, commercial car washes could potentially be permitted in other
Commercial zoning districts if completely enclosed and not outwardly apparent as an
automobile related use; and
WHEREAS, these types of accessory car washes should not cause disruption to
neighboring properties if contained properly; and
WHEREAS, this type of service would be in the best interest of the City and the
general welfare of its residents.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 142, "Zoning Districts and Regulations," Article II "District
Regulations," Division 18 "PS Performance Standard District," is hereby amended as
follows:
Sec. 142-693. Permitted uses.
(b) For purposes of this section, a car wash, filling station and any use that sells
gasoline, automobiles or automotive or related repair uses are considered as industrial
uses and are not permitted in the redevelopment area. However, notwithstanding the
foregoing, within the CPS-2 zoning district, low impact car washing and auto detailing
are permitted when located completelv contained within a parking garage structure, and
is not visible from the street or public right-of-wav. For purposes of this ordinance, low
impact car wash means mobile tvpe car washes or wand car washes, and excludes
rollover or tunnel car washes.
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.
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 day of , 2011.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
First Reading:
Second Reading:
Verified by:
Richard G. Lorber, AlCP
Acting Planning Director
Underscore denotes new language.
denotes deleted language.
F:\PLAN\$PLB\draft ordinances\l978 - car wash in CPSP\ordinance.doc
'MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that a First Reading and Public Hearing will be held by the City Commission of the
City of Miami each on WEDNESDAY, December 8th, 2010 at 10:30 a.m. in the City Commission Chambers, Third
Floor, City Hall, located at 1700 Convention Center Drive, Miami Beach, Florida 331 39 to consider
Ordinance To Consider An Amendment To Chapter 142,66Zoning Districts And Regulations," Article II "District
Regulations," Division 18 "PS Performance Standard District," Amending Section 142-693 "Permitted
Uses," By Permitting Low Impact Car washing And Auto Detailing In The CPS-2 District, When Completely
Contained Within A Parking Garage Structure, And Not Visible From The Street Or Public Right-of-way.
All 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 Planning Board c/o the Planning Department, 1700 Convention Center Drive, City. Hall,
Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning Department.
Pursuant to Florida Stat. 286.01 05, the City hereby advises the public that if a person decides to appeal any decision
made by the Planning Board with respect to any matter coisidered at its meeting or its hearing, such person must
ensure that a verbatim. record of the proceedings is made, which record must include 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.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation
to participate in this proceeding should contact the Board's Administrator no later than four days priorFto the
proceeding. Telephone (305) 673-7550 for assistance; if hearing impaired, telephone the Florida Relay Service
numbers, (305) 673-721 8 or 71 I, for assistance. (AD .# 638) THURSDAY, NOVEMBER 25,2010 I 11NE
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
1 A proposed ordinance amendment defining "religious institution," creating a 40th street religious 1
institution overlay district, requiring conditional use approval for religious institutions in the 40th street
overlay district, specifying parking and development regulations for the above, and adding review
criteria for religious institutions.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc
Nearly half of all residential respondents, 47.6%, suggested the effort put forth by the City to regulate
development is "about the right amount."
Issue:
Should the Commission address the specific issue of existing religious institutions on the 40th Street
by the creation of a religious institution overlay district?
Item SummarylRecommendation:
I OPEN AND CONTINUE
The proposed ordinance defines a religious institution overlay district, specifying the district as those
properties with a lot line on the south side of 40th Street, between Chase Avenue to the west and Pine
Tree Drive to the east (see attached graphic map). The ordinance amends the Single Family
Residential zoning district regulations, by permitting religious institutions within the overlay district, in
existing rehabilitated structures or new construction, as conditional uses, and specifies development
regulations to be compatible with surrounding single family homes.
The Administration recommends that the City Commission open and continue the ordinance to the
January 19, 201 1 meeting in order to do a 30-day notice by mail.
Advisory Board Recommendation:
At the September 28, 2010 meeting the Planning Board recommended approval of the proposed
ordinance. The Board also recommended that the property known as the "Kollel" located at 3767
Chase Avenue, adjacent to the proposed overlay district to the south of Temple Beth Israel, be
included in the overlay district at some time in the future.
City Clerk's Office Legislative Tracking:
I Richard Lorber
Financial Information:
@ MIAMIBEACH
Source of
Funds:
El OBPl
AOENDA ITEM 850
Financial Impact Summary:
Not Applicable
Account
1
2
Total
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager w
DATE: December 8, 201 0
SUBJECT: Ordinance Amendment - 4oth Street Religious Overlay District
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE ClTY CODE, BY
AMENDING CHAPTER 114 OF THE ClTY CODE, "ZONING DISTRICTS
AND REGULATIONS," SECTION 114-1, "DEFINITIONS," DEFINING
"RELIGIOUS INSTITUTION"; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY
DISTRICTS," CREATING DIVISION 8, "40TH STREET OVERLAY,"
AND BY ADDING SECTIONS 142-858 "LOCATION AND PURPOSE,"
142-859 "COMPLIANCE WITH REGULATIONS," REQUIRING
CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN
THE 4oTH STREET OVERLAY DISTRICT, AND 142-860 "OFF-STREET
PARKING REGULATIONS;" AND AMENDING ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2 "RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS," SECTION 142-103
"CONDITIONAL USES," TO ADD RELIGIOUS INSTITUTIONS AS A
CONDITIONAL USE FOR PROPERTIES IN THE 4oTH STREET
OVERLAY DISTRICT; AND AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4
"SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1 131(d)
"GENERALLY," TO EXEMPT PROPERTIES IN THE 4oTH STREET
OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE
YARD REQUIREMENT FOR PUBLIC AND SEMI-PUBLIC BUILDINGS;
AND AMENDING CHAPTER 118 OF THE ClTY CODE,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IVY
"CONDITIONAL USE PROCEDURES," SECTION 11 8-1 92, "REVIEW
GUIDELINES," TO ADD REVIEW CRITERIA FOR RELIGIOUS
INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue the
ordinance to the January 19, 201 1 meeting in order to do a 30-day notice by mail.
BACKGROUND
On July 14, 2010, the City Commission referred a discussion of a possible overlay
district for religious institutions on 40th Street to the Land Use and Development
City Commission Memorandum
Ordinance Amendment - 4dh Street Religious Overlay District
December 8, 2010 Page 2
Committee and the Planning Board, at the request of both Commissioner Edward L.
Tobin and Commissioner Jonah Wolfson.
LAND USE AND DEVELOPMENT COMMITTEE
On July 26, 2010, the Land Use Committee discussed the proposal. Attorney Michael
Larkin introduced the item, and discussed the need for the creation of an overlay district
on 40th Street to accommodate the existing religious institutions on that street. There
are at least two major religious institutions on that street, as well as a number of
unlicensed but longstanding religious institutions located there. The Committee
discussed the need for these types of institutions in the 4oth Street area. First Assistant
City Attorney Gary Held discussed the latest Federal legislation in the area of freedom of
worship (RLUIPA) and advised that the City should try to accommodate this request so
permits can be issued for improvements to such properties. At the conclusion of the
discussion, the Committee voted 3-0 to refer the matter to the Planning Board.
PLANNING BOARD ACTION
At the September 28, 2010 meeting the Planning Board reviewed the proposed
ordinance, and recommended its approval. The Board also recommended that the
property known as the "Kollel" located at 3767 Chase Avenue, adjacent to the proposed
overlay district to the south of Temple Beth Israel, be included in the overlay district at
some time in the future.
ANALYSIS
The proposed ordinance is designed to do several things. It will address the specific
issue of existing religious institutions on 40" Street by defining a religious institution
overlay district, within which existing religious institutions in that area that do not
currently have the required building and zoning approvals from the City can be approved
through a Conditional Use process, allowing their continuation and possible construction
of additions with proper permits. It amends the Single Family Residential zoning district
regulations list of uses, by adding as a Conditional Use religious institutions located in
the 40th Street Overlay. The overlay district is defined as those properties with a lot line
on the south side of 40th Street, between Chase Avenue to the west and Pine Tree
Drive to the east (see attached graphic map). Within this district, religious institutions, in
existing rehabilitated structures or new construction, will be permitted as conditional
uses.
The ordinance also specifies that all new construction or additions to existing structures
associated with these institutions be compatible with the scale of the surrounding
residential neighborhood and must be designed to maintain a residential, single family,
character. This would be ensured by requiring that permits for new construction,
alterations or additions to existing structures associated with these institutional uses be
subject to design review by the planning director or designee. All of the development
regulations governing setbacks, building heights and other physical factors would
continue to be the same as for all single family residential districts. It sets limited parking
requirements for these uses, provided that there is one or more public parking lot@)
andlor garage@) within 500 feet of the subject property, which applies to the entire strip
along 4oth Street. For adaptive reuse and limited expansion (less than 50%) of existing
buildings, there will be no additional parking requirement. However, existing required
City Commission Memorandum
Ordinance Amendment - 4$h Street Religious Overlay District
December 8, 2010 Page 3
parking spaces on site must remain or be replaced on site. For new construction, or
large additions (greater than 50%) the parking requirement will be two spaces, the same
as for a single-family detached dwelling. Finally, it eliminates the 50 feet side yard
setback that is otherwise required for schools, libraries, religious institutions, and other
public buildings and private structures which are publicly used for meetings in residential
districts, since these uses will already abut each other on the side yards.
The ordinance also proposes to bring the Land Development Regulations more in
conformity with RLUIPA by specifically defining religious institution for purposes of
zoning regulation, and by creating objective criteria for the conditional use reviews by the
City's Planning Board.
Definition of Religious lnstitution
The proposed ordinance includes a specific definition for Religious Institution. A
Religious Institution will be defined as a use where an establishment, organization or
association conducts religious prayer or activity that is open to members and/or the
general public, and may be accompanied by accessory uses customarily associated with
religious institutions such as but not limited to education classes, youth centers, day
care, offices, and rooms for licensed catering of life cycle or other gatherings or
celebrations (e.g., weddings, confirmations, and coming-of-age events). It specifically
notes that a group privately assembling for worship, prayer or religious service in a
private home or dwelling in which at least one member of the group resides, is not a
religious institution, even if life cycle rituals are included in the service, including
weddings, confirmations, and coming-of-age (such as bar or bat-mitzvah) observances
and meals accompany the service. This language is in conformity with our
understanding of the Federal RLUIPA legislation.
Objective Review Criteria
Since the Courts are requiring local governments to use objective criteria when
reviewing applications for entities such as religious institutions, the proposed ordinance
includes a new set of review criteria drafted by the City Attorney's Office to be in accord
with such requirement. These include the following:
1. Whether a proposed operations plan has been provided, including hours of operation,
number of employees, and other operational characteristics pertinent to the application,
and that such plan will mitigate any adverse impacts to adjoining and nearby properties,
and neighborhood
2. Whether a plan for the delivery of supplies has been provided, including the hours of
operation for delivery trucks to come into and exit from the neighborhood and how such
plan will mitigate any adverse impacts to adjoining and nearby properties, and
neighborhood.
3. Whether the design of the proposed structure is permitted by the regulations in the
zoning district in which the property is located, and complies with the regulations of an
overlay district, if applicable.
4. Whether a proposed parking plan has been provided, including where and how the
parking is located, utilized, and managed, that meets the required parking for the use in
the zoning district in which the property is located.
5. Whether an indoor and outdoor congregantlparishioner circulation plan has been
provided that facilitates ingress and egress to the site and structure.
City Commission Memorandum
Ordinance Amendment - 4dh Street Religious Overlay District
December 8,201 0 Page 4
6. Whether a security plan for the establishment and supporting parking facility, if any,
has been provided that addresses the safety of the institution and its users and
minimizes impacts on the neighborhood.
7. Whether a traffic circulation analysis and plan has been provided that details means
of ingress and egress into and out of the neighborhood, addresses the impact of
projected traffic on the immediate neighborhood, traffic circulation pattern for the
neighborhood, traffic flow through immediate intersections and arterials, and how these
impacts are to be mitigated.
8. Whether a noise attenuation plan has been provided that addresses how noise will be
controlled in and around the institution, parking structures or areas, and delivery and
sanitation areas, to minimize adverse impacts to adjoining and nearby properties.
9. Whether a sanitation plan has been provided that addresses on-site facilities as well
as off-premises issues resulting from the operation of the structure.
10. Whether the proximity of the proposed structure to adjacent and nearby residential
uses creates adverse impacts and how such impacts are to be mitigated.
11. Whether a cumulative effect from the proposed structure with adjacent and nearby
structures arises, and how such cumulative effect will be addressed.
CONCLUSION
The Administration recommends that the City Commission open and continue the
ordinance to @e January 19, 201 1 meeting in order to do a 30-day notice by mail.
T:\AGENDAPOI O\December 8\Regular\1976 - 40th St Religious Overlay Ord MEMO.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 114 OF THE ClTY CODE, "ZONING DISTRICTS
AND REGULATIONS," SECTION 114-1, "DEFINITIONS," DEFINING
"RELIGIOUS INSTITUTION"; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE Ill, ."OVERLAY
DISTRICTS," CREATING DIVISION 8, "40TH STREET OVERLAY,"
AND BY ADDING SECTIONS 142-858 "LOCATION AND PURPOSE,"
142-859 "COMPLIANCE WITH REGULATIONS," REQUIRING
CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN
THE 4oTH STREET OVERLAY DISTRICT, AND 142-860 "OFF-STREET
PARKING REGULATIONS;" AND AMENDING ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2 "RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS," SECTION 142-103
"CONDITIONAL USES," TO ADD RELIGIOUS INSTITUTIONS AS A
CONDITIONAL USE FOR PROPERTIES IN THE 4oTH STREET
OVERLAY DISTRICT; AND AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4
"SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1 131(d)
"GENERALLY," TO EXEMPT PROPERTIES IN THE 4oTH STREET
OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE
YARD REQUIREMENT FOR PUBLIC AND SEMI-PUBLIC BUILDINGS;
AND AMENDING CHAPTER 118 OF THE ClTY CODE,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,
"CONDITIONAL USE PROCEDURES," SECTION 118-192, "REVIEW
GUIDELINES," TO ADD REVIEW CRITERIA FOR RELIGIOUS
INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") acknowledges the desire of
neighborhood residents to allow religious institutions, in addition to the presently
permitted single-family residential uses, at the parcels located on the south side of 40th
Street between Chase Avenue and Pine Tree Drive, more particularly described in the
sketch attached as Exhibit "A hereto, and referred to herein as "40th Street Overlay";
and
WHEREAS, the City, while acknowledging such desire for religious institutions,
desires to protect the single-family residential character of the neighborhood south of
4oth Street; and
WHEREAS, the City, while respecting persons' First Amendment rights under the
Constitution of the United States, to pray in their homes, along with others, desires to
maintain reasonable limitations its restrictions against assembly uses generally
throughout single-family residential neighborhoods, and thus legally maintain limitations
against formal religious institutions and other assembly uses in such single-family
neighborhoods; and
WHEREAS, the City recognizes that the commercial character of the properties
on the north side of 4oth Street between the Biscayne Waterway west of Chase Avenue
and Pine Tree Drive has changed the character of the single family homes on the
corresponding south side of 4oth Street; and
WHEREAS, the City recognizes that some homes on the south side of 4oth Street
have been used for 25 years or more for religious purposes and are unlikely to be used
exclusively for single-family purposes, and therefore finds it reasonable to improve and
expand these homes on the south side of 4oth Street for religious purposes, in a manner
consistent with the development pattern of the abutting single family neighborhood; and
WHEREAS, the City recognizes that religious institutions may adversely impact
the surrounding residential uses, and as a result, the proposed ordinance will allow
homes located in this specified area to apply for conditional use approval from the
Planning Board for the continued use and expansion as religious institutions, in a
manner designed to mitigate adverse impacts on the abutting single family
neighborhood; and
WHEREAS, the City recognizes the pedestrian character of the residential
neighborhood in the vicinity of 40th Street and between the Biscayne Waterway west of
Chase Avenue and Pine Tree Drive; and
WHEREAS, the City recognizes that such pedestrian character allows the use of
homes as religious institutions to have reduced parking requirements to accommodate
the needs of residents in the area for religious prayer and activity in improved and
expanded structures;
WHEREAS, the City desires to afford its citizens and visitors their full rights of
religious freedom afforded under applicable law, including the First Amendment to the
Constitution of the United States, the federal Religious Land Use and Institutionalized
Persons Act (RLUIPA), and the Florida Religious Freedom Restoration Act (RFRA), and
adopts this ordinance to ensure those rights, while protecting its residents in single-
family residential areas from the adverse impacts the exercise of such rights might
cause; and
WHEREAS, case law applicable to the governmental permitting of religious
institutions allows review by public hearing processes, but requires that such review be
in accordance with objective criteria, and thus the conditional use review criteria are
amended to ensure compliance with such requirement; 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 ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 114 of the City Code, "Zoning Districts and Regulations," Section
114-1, "Definitions," is hereby amended as follows:
114-1, "Definitions," is hereby amended as follows:
Reliuious institution means a use where an establishment, organization or association
conducts religious prayer or activitv that is open to members and/or the general public,
and mav be accompanied bv accessorv uses customarilv associated with religious
institutions such as but not limited to education classes, vouth centers, dav care, offices,
and rooms for licensed catering of life cvcle or other gatherings or celebrations (e.n.,
weddings, confirmations, and coming-of-age events). A group privatelv assembling for
worship. praver or religious service in a private home or dwelling in which at least one
member of the group resides, is not a religious institution, even if life cvcle rituals are
included in the service, including weddings, confirmations, and coming-of-age (such as
bar or bat-mitzvah) observances and meals accompanv the service.
SECTION 2. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article
Ill, "Overlay Districts," Division 8 "40th Street Overlay" is hereby created as follows:
DIVISION 8. 40TH STREET OVERLAY
Section 142-858. Location and purpose.
The overlav regulations of this division shall applv to the properties, as thev are
configured as of Januaw 1, 2010, with lot lines adiacent to the south right-of-wav line of
40th Street between Chase Avenue to the west and Pine Tree Drive to the east.
The purpose of this overlav district is to provide pedestrian-friendlv religious institutional
uses through the conditional use permit process at the properties to serve the
surroundinq residential uses. Expansion of the district shall onlv be permitted by
amendment to these regulations.
Section 142-859. Compliance with renulations.
The following overlav regulations shall applv within the 40th Street Overlav District. All
development regulations in the underlving zoning district shall applv, except as follows:
Religious institutions, in existing rehabilitated structures or new construction,
shall be conditional uses, subiect to the reaulations in Chapter 118,
"Administration and Review Procedures," Article IV, "Conditional Use Procedure."
@J All new construction or additions to existing structures shall be compatible with
the scale of the surroundina residential neighborhood and shall be designed to
maintain a residential character.
Permits for new construction, alterations or additions to existing structures shall
be subject to design review bv the planning director or designee.
Section 142-860. Off-Street Parkina Renulations.
@ For religious institutions in the 40th Street Overlav District, the followinci off-street
parking regulations shall applv:
(1) For adaptive reuse of existing buildings, including expansions or additions
thereto less than fiftv per cent of the size of the existing structure, there
shall be no parking requirement provided that there is one or more public
parking lot(s) and/or aarage(s) within 500 feet of the subiect propertv.
Existing required parking spaces on site shall remain or be replaced on
site. -
(2) For new construction, and expansions or additions of more than fiftv per
cent of the size of an existing structure, the parking requirement shall be
the same as for a single-familv detached dwelling pursuant to Cha~ter
130 of the Citv Code, entitled "Off-Street Parking," Article II, "Districts;
Requirements," provided that there is one or more public parking lot(s)
and/or garaae(s1 within 500 feet of the subiect propertv.
SECTION 3. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 2 "RS-1, RS-2, RS-3, RS-4 Single-Family Residential
Districts," is hereby modified as follows:
Section 142-1 03. Conditional Uses.
Conditional uses in the RS-1, RS-2, RS-3, RS-4 single-family residential districts -
include the following:
(1) an at-grade parking lot in the RS-4 district when located immediately
adjacent, without a gap due to alley, road, waterway or any other cause,
to a CD-3 district. See subsection 142-105(c).
(2) Religious institutions for those properties located in the 40th Street
Overlav. See Chapter 142, "Zoning Districts and Regulations," Article Ill,
"Overlav Districts," Division 8 "40th Street Overlav."
SECTION 4. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
Article IV, "Supplementary District Regulations," Division 4 "Supplementary Yard
Regulations," is hereby modified as follows:
Section 142-1 131. Generally.
(d) Minimum side yards, public and semi-public buildings. The minimum depth of
interior side yards for schools, libraries, religious institutions, and other public
buildings and private structures which are publicly used for meetings in
residential districts shall be 50 feet, except where a side yard is adjacent to a
business district, a public street, bay, erosion control line or golf course, gnJ
except for properties that have received conditional use approval as a religious
institution located in the 40th Street Overlav, in which cases the depth of that
yard shall be as required for the district in which the building is located. In all
other cases, the side yard facing a street shall be the same as that which is
required for the district in which the lot is located.
SECTION 5. Chapter 118 of the City Code, "Administration and Review Procedures,"
Article IV, "Conditional Use Procedures," Section 1 18-1 92, "Review Guidelines," is
hereby modified as follows:
Sec. 1 18-1 92. Review guidelines.
Conditional uses may be approved in accordance with the procedures and
standards of this article provided that:
The use is consistent with the comprehensive plan or neighborhood plan if one
exists for the area in which the property is located.
The intended use or construction will not result in an impact that will exceed the
thresholds for the levels of service as set forth in the comprehensive plan.
Structures and uses associated with the request are consistent with these land
development regulations.
The public health, safety, morals, and general welfare will not be adversely
affected.
Adequate off-street parking facilities will be provided.
Necessary safeguards will be provided for the protection of surrounding property,
persons, and neighborhood values.
The concentration of similar types of uses will not create a negative impact on
the surrounding neighborhood. Geographic concentration of similar types of
conditional uses should be discouraged.
In reviewing an application for conditional use for new structures 50,000 square
feet and over, the planning board shall apply the following supplemental review
guidelines criteria in addition to the standard review guidelines listed in
subsection a. above:
Whether the proposed business operations plan has been provided, including
hours of operation, number of employees, goals of business, and other
operational characteristics pertinent to the application, and that such plan is
compatible with the neighborhood in which it is located.
Whether a plan for the mass delivery of merchandise has been provided,
including the hours of operation for delivery trucks to come into and exit from the
neighborhood and how such plan will mitigate any adverse impacts to adjoining
and nearby properties, and neighborhood.
Whether the scale of the proposed use is compatible with the urban character of
the surrounding area and creates adverse impacts on the surrounding area, and
how the adverse impacts are proposed to be addressed.
Whether the proposed parking plan has been provided, including where and how
the parking is located, utilized, and managed, that meets the required parking
and operational needs of the structure and proposed uses.
Whether an indoor and outdoor customer circulation plan has been provided that
facilitates ingress and egress to the site and structure.
Whether a security plan for the establishment and supporting parking facility has
been provided that addresses the safety of the business and its users and
minimizes impacts on the neighborhood.
Whether a traffic circulation analysis and plan has been provided that details
means of ingress and egress into and out of the neighborhood, addresses the
impact of projected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, traffic flow through immediate intersections and
arterials, and how these impacts are to be mitigated.
Whether a noise attenuation plan has been provided that addresses how noise
will be controlled in the loading zone, parking structures and delivery and
sanitation areas, to minimize adverse impacts to adjoining and nearby properties.
Whether a sanitation plan has been provided that addresses on-site facilities as
well as off-premises issues resulting from the operation of the structure.
(10) Whether the proximity of the proposed structure to similar size structures and to
residential uses creates adverse impacts and how such impacts are mitigated.
(11) Whether a cumulative effect from the proposed structure with adjacent and
nearby structures arises, and how such cumulative effect will be addressed.
/c) In reviewing an application for a religious institution, the planning board shall
applv the following review criteria instead of the standard review guidelines listed
in subsection a. above:
/I) Whether a proposed operations plan has been provided, including hours of
operation, number of emplovees, and other operational characteristics pertinent
to the application, and that such plan will mitiaate anv adverse impacts to
adjoining and nearbv properties, and neighborhood
(2) Whether a plan for the deliverv of supplies has been provided, including the
hours of operation for deliverv trucks to come into and exit from the
neighborhood and how such plan will mitigate anv adverse impacts to adjoining
and nearbv properties, and neighborhood.
/3) Whether the design of the proposed structure is permitted by the regulations in
the zonina district in which the propertv is located, and complies with the
regulations of an overlay district, if applicable.
/4) Whether a D~ODOS~~ parking plan has been provided, including where and how
the parking is located, utilized, and managed, that meets the required parking for
the use in the zoning district in which the propertv is located.
15) Whether an indoor and outdoor congreaant/parishioner circulation plan has been
provided that facilitates ingress and eqress to the site and structure.
16) Whether a security plan for the establishment and supporting parking facilitv, if
anv, has been provided that addresses the safetv of the institution and its users
and minimizes impacts on the neighborhood.
17) Whether a traffic circulation analvsis and plan has been provided that details
means of ingress and egress into and out of the neighborhood, addresses the
impact of proiected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, traffic flow through immediate intersections and
arterials, and how these impacts are to be mitigated.
18) Whether a noise attenuation plan has been provided that addresses how noise
will be controlled in and around the institution, parking structures or areas, and
deliverv and sanitation areas, to minimize adverse impacts to adioining and
nearbv properties.
/9) Whether a sanitation plan has been provided that addresses on-site facilities as
well as off-premises issues resulting from the operation of the structure.
110) Whether the proximitv of the proposed structure to adiacent and nearby
residential uses creates adverse impacts and how such impacts are to be
mitigated.
111) Whether a cumulative effect from the proposed structure with adiacent and
nearby structures arises, and how such cumulative effect will be addressed.
SECTION 6. 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 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. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the Code,
and it is hereby ordained 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. The Exhibits to this Ordinance shall not be
codified, but shall be kept on file with this Ordinance in the City Clerk's Office.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect 10 days following adoption.
PASSED and ADOPTED this day of I 2010
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
First Reading:
Second Reading:
Verified by:
Richard G. Lorber
Acting Planning Director
Underscore denotes new language
T:MGENDA\2010\0ctober 27\Regular\40th Street Overlay District- 0RD.docx
COMMISSION ITEM SUMMARY
Condensed Title:
I A proposed ordinance amending the regulations for bed and breakfast inns by widening the eligibility I
[ for alterations to buildings.
- -
Key Intended Outcome Supported: I Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc
Nearly half of all residential respondents, 47.6%, suggested the effort put forth by the City to regulate
development is "about the right amount."
Issue:
Should the City Commission adopt the proposed ordinance amendment modifying the bed and
breakfast inns regulations to permit non-residential structures within historic districts to be converted to
bed and breakfast inns under specified conditions? If so, should these facilities in residential areas
also permit private parties and commercial events?
Item Summary/Recommendation:
I SECOND READING PUBLIC HEARING I
The proposed ordinance would permit a wider eligibility for bed and breakfast inns. Bed and Breakfast
Inns are currently limited to structures originally constructed as single-family residences. This
ordinance would permit non-residential structures within historic districts, such as former temples or
churches, to be converted to bed and breakfast inns.
The Planning Board version of this proposal also contains a provision to permit limited accessory uses
such as private parties and catering hall events. However, Planning Department staff had
recommended against this provision.
A revised version has been presented which limits accessory uses to non-entertainment uses and
sets additional restrictions. This version was reviewed and approved by the Flamingo Park
Neighborhood Association.
The Administration continues to have concerns and does not recommend approval. However, if the
Commission chooses to approve the ordinance, the Administration recommends that the City
Commission adopt the revised version of the ordinance, as presented by the proponent to the FPNA,
with one change, to the permitted hours of operation to limit closing time to 10:OO PM.
Advisory Board Recommendation:
I At the August 24, 2010 meeting the Planning Board reviewed the proposed ordinance, and 1 I recommended its approval, including the accessory party use provisions.
OBPl Total
Financial Information:
I I I
Financial Impact Summary:
Not Applicable
City Clerk's Office Legislative Tracking:
I Richard Lorber
Account Source of
Funds:
I
1 *
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the9ity Commission
FROM: Jorge M. Gonzalez, City Manager &
DATE: December 8, 201 0 p
SUBJECT: Ordinance Amendment: SECOND READING PUBLIC HEARING
Bed & Breakfast Inns
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
ClTY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142,
ZONING DISTRICTS AND REGULATIONS, ARTICLE V, SPECIALIZED
USE REGULATIONS, DIVISION 7, BED AND BREAKFAST INNS,
SECTION 142-1401. CONDITIONS FOR BED AND BREAKFAST INNS,
BY MODIFYING THE CONDITIONS FOR BED AND BREAKFAST INNS
TO WIDEN THE ELIGIBILITY FOR ALTERATIONS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration continues to have concerns and does not recommend approval.
However, if the Commission chooses to approve the ordinance, the Administration
recommends that the City Commission adopt the revised version of the ordinance, as
presented by the proponent to the FPNA, with one change, to the permitted hours of
operation to limit closing time to 10:OO PM.
BACKGROUND
A discussion of possible expansion of the Bed and Breakfast Inn regulations, was
referred to the Land Use and Development Committee by Commissioner Jerry Libbin at
the October 14, 2009 Commission meeting. The item was wrapped together with
consideration of short term rentals of apartment units in zoning districts which did not
currently permit transient occupancy. The short term rental issue was finally decided by
the City in June, and the Bed and Breakfast issue was taken up by the Planning Board in
August (see below).
ANALYSIS
Bed and breakfast inn is defined as a historic structure originally built as a single-family
residence which is owner occupied and operated to provide guest rooms with breakfast
and/or dinner included as part of the room rate. Section 142-1401 of the Land
Development Regulations of the City Code details the conditions for permitting Bed and
Breakfast Inns. The original rationale for the adoption of these Bed and Breakfast Inn
regulations was to encourage the adaptive reuse of single family structures in newly
City Commission Memorandum
Ordinance Amendment - Bed & Breakfast lnns
December 8, 201 0 Page 2
created local historic districts, such as the Flamingo Park neighborhood. Since
demolition of structures would be unlikely to be permitted, Bed and Breakfast lnns were
seen as an alternative which could provide an economically viable use of these
structures. To date, a small number of Bed and Breakfast lnns have been created under
this provision.
The referral of this proposed ordinance stems from a long-term discussion with Mr. Dan
Davidson, the owner of "The Temple House", a former synagogue building that was
converted several years ago to a single-family home, located at 1415 Euclid Avenue.
Mr. Davidson has explored several alternative uses for this building, but the options are
limited because this area is zoned RM-1 Residential Multi-Family Low Intensity, which
only permits single-family homes, apartment buildings and Bed and Breakfast Inns.
The current regulations would not permit the conversion the Temple House single family
home into a Bed and Breakfast Inn, since subsection (3) specifies that the structure shall
have originally been constructed as a single-family residence, and subsection (5) then
refers to the original configuration of bedrooms and other features of the home. Since
Mr. Davidson's existing single family home was created by converting a non-residential
synagogue building, it does not exactly fit these requirements (although the property's
building card shows that a single family home was originally built on the site, that
building was demolished or reconfigured beyond any recognition as a home when the
synagogue was constructed.)
In order to modify the existing regulations to permit this type of structure to be converted
to a bed and breakfast inn, the proposed ordinance adds a second option to the
language of subsection (3) of the ordinance. This would permit conversion if "the
existing structure is not classified by the City as an apartment building as defined in
Section 114-1 of the City Code." In this way, other non-residential structures within
historic districts could potentially be converted to bed and breakfast inns (an apartment
building is defined a building with or without resident supervision occupied or intended to
be occupied by more than two families living separately with separate cooking facilities
in each unit.)
Subsection (1) of the Bed and Breakfast lnns is also proposed for amendment by
Planning Department staff, in order to bring the language of the ordinance into line with
current nomenclature related to historic districts, contributing and non-contributing
buildings. The old language referred to designated as "historic," but the correct terms
have changed, and the amendment would clarify that.
COMMERCIAL ACCESSORY USES
The ordinance as originally proposed by Mr. Davidson contained new language referring
to accessory uses permitted in Bed and Breakfast Inns, and permitting assembly type
uses in these structures under certain conditions. The Temple House has been used
previously as a "party house," hosting private special events for a variety of corporate
and entertainment purposes. This type of commercial usage is not permitted within
single family homes, nor in any other permitted structure within the RM-1 zoning district.
In order for The Temple House to be able to be used for such activities, the Land
Development Regulations would have to be amended in some fashion.
City Commission Memorandum
Ordinance Amendment - Bed & Breakfast Inns
December 8, 2010 Page 3
PLANNING BOARD ACTION
The proposal to amend the Bed and Breakfast Inn regulations to permit limited
commercial assembly uses within them as conditional uses, consisting of private
functions not open to the public, up until 12:OO midnight, was reviewed by the Planning
Board at its August 24, 2010 meeting. Planning Department staff had recommended
that the accessory party use provision be removed, and there was a lengthy discussion
over this aspect of the ordinance, how it would be applied and enforced, and its potential
negative effects upon the surrounding neighborhood. After much discussion, the
Planning Board decided contrary to the staff recommendation, and recommended the
approval of the ordinance, including the provision which would permit the hosting of
private special events for a variety of corporate and entertainment purposes as a
Conditional Use (vote: 6-1, Stolar against; see attached Planning Board version).
FLAMINGO PARK NEIGHBORHOOD ASSOCIATION ACTION
At the October 27, 2010 Commission meeting, the matter was presented to the City
Commission, with a Planning Board version of the ordinance, permitting accessory
commercial uses, and an Administration version of the ordinance, which would not
permit such uses other than as per the existing rules for commercial uses, special
events, and film and print permits, if applicable. The Commission heard testimony from
representatives from the Flamingo Park Neighborhood Association (FPNA), and while
approving the Planning Board version on first reading, set second reading public hearing
for the December Commission meeting in order to permit FPNA to clarify their position
on the accessory commercial use component of the proposed ordinance.
On November 15, 2010, the FPNA held a Board meeting, with many members in
attendance, as well as City Planning Department staff. At this meeting, Dan Davidson
presented a revised ordinance concept to the Board (see attached revised version of
ordinance). This version would limit accessory commercial uses to bed and breakfast
inns that have had historic prior assembly uses. Since the Temple House was formerly
a religious institution, an assembly use, this property would fall into this category; very
few other properties would qualify, and staff has only identified one other property of this
nature, which was previously a synagogue, but has already been converted to a
condominium apartment building.
This proposed version of the ordinance would allow these limited properties to have
limited non-entertainment assembly uses. Entertainment is defined by the City Code as
any live show and/or music loud enough to interfere with normal conversation. Mr.
Davidson describes the desired types of uses under this provision as art showings,
corporate seminars, educational lectures and presentations. These would be permitted
only as a conditional use approved by the Planning Board, and would be subject to the
following conditions:
(a) Consisting of private events by invitation only,
(6) Not open to members of the general public,
(c) Ending no later than 11:30 PM,
(d) Invitations must indicate no street parking. Guests must be directed to city
parking lots or licensed private parking lots,
(e) No delivery shall occur before 9:00 AM or after 500 PM during weekdays, and
City Commission Memorandum
Ordinance Amendment - Bed & Breakfast Inns
December 8, 2010 Page 4
(f) No delivery shall occur before 10:OO AM or after 3:00 PM during weekends.
Staff expressed concern about difficulty of enforcement of the ordinance by the City, and
the problems other than noise, such as parking, traffic and crowds that remain as
potential negative impacts upon the surrounding neighborhood. Although Administration
and Planning Department staff expressed their strong reservations about the proposal,
the FPNA membership voted to express its support for the proposed amendment as
presented by Mr. Davidson (see attached letter of support).
There are approximately ten (10) structures that were originally constructed as single-
family homes, and could be converted to bed and breakfast inns under the current
zoning regulations. Planning Department staff has conducted a thorough survey of the
Flamingo Park neighborhood, and has only identified three structures which could meet
the definition of having historic prior assembly uses, which is included in the revised
version of the ordinance. The Temple House at 1415 Euclid Avenue, Temple Beth
Yoseph Chaim at 843 Meridian Avenue, which has already been converted to
condominiums, and St. Francis deSales Catholic Church at 600 Lenox Avenue.
Therefore, under this provision, if enacted, it is unlikely for more than one bed and
breakfast inn with accessory commercial uses to be proposed.
CONCLUSION
The Administration remains extremely concerned about the impact this proposed
ordinance would have upon the surrounding neighborhood, and does not recommend
approval. However, when it was discussed with FPNA, the neighborhood organization
most impacted by the proposal, it was supported unanimously. Therefore, if the
Commission chooses to approve the ordinance, the Administration will recommend that
it be the revised version of the ordinance as presented by Mr. Davidson, the proponent,
with one proposed modification to limit closing time to 10:OO PM, as staff continues to
believe that the types of uses proposed are not "late night" types of events.
JMGIJ PL IRGL
t:\agenda\2010\december d\regular\bed & breakfast ord memo.docx
November 22,201 0
To Whom it May Concern:
At its meeting of November 15, 201 0, the Flamingo Park Neighborhood
Association discussed the proposed amendment to the City's Bed and
Breakfast ordinance.
We appreciated the opportunity for input and to discuss the proposal with
the owner of the Temple House, Daniel L. Davidson, as well as with
Assistant City Manager Jorge Gomez and Acting Planning Director Richard
Lorber, all of whom were present at our meeting.
The discussion was thoughtful and comprehensive.
Upon a motion duly made, seconded and passed, the Association
expressed its support for the proposed amendment of the Bed and
Breakfast ordinance, in the manner proposed by the City, but with the
suggested modifications proposed by Daniel Davidson, including the
opportunity for bed and breakfast inns that have had historic prior assembly
use to seek conditional use for non-entertainment assembly uses, as
further described in Mr. Davidson's attached proposal.
Sincerely,
Rw
Denis A. Russ
For the Flamingo Park Neighborhood Association
Flamingo Park Neighborhood Association
Monday, November 15, 2010
Re: Proposed Amendment to Bed and Breakfast Ordinance
From: Cineo
Date: November 13, 201 0 5:10:27 PM EST
To: Denis Russ
Subject: FPNA Meeting
Dear Mr. Russ:
My many thanks for your time earlier. As a follow-up to our conversation,
please find below the language that resulted from a meeting with Mr. Lorber
(Zoning and Planning) and Mr. Gomez (Assistant City Manager). Our collective
objective was to find a way to recognize the "highest and best" use of the
property (which for over 70 years served as an assembly area) as well as be
mindful of the needs and desires of the residents.
The language, while quite restrictive, is something that I can live with. In
short it would allow, subject to approval by both Commission and the Planning
Board, NON-ENTERTAINMENT assembly use of the space for such things as the
showing of art, education lectures, seminars and presentations. Again, what is
important to note here is that even with Commission approval, I will still need
to sit before the Planning Board for their support as well.
The language reads.. . .
(9) Notwithstanding (7) and (8) above, bed and breakfast inns that have
had historic prior assembly use may be permitted to have limited non-
entertainment (entertainment as defined in section 142- I 361 ) assembly
uses (such as art showing, corporate seminars, educational lectures and
presentations) if approved by the Planning Board as a conditional use
subject to the following limitations:
a) Consisting of private events by invitation only, and
b) Not open to members of the general public, and
c ) Ending no later than 11:30 PM, and
d Invite must indicate no street parking. Guests must be directed to
city parking lots or licensed private parking lots.
e) No delivery shall occur before 9:00 AM or after 5:00 PM during
weekdays, and
f ) No delivery shall occur before 10:OO AM or after 3:00 PM during
weekends.
As an aside, the definition of "entertainment" (section 142-1361 of the
Miami Beach City Code) is as follows: "Entertainment means any live show
or live performance or music ampIif ied or nonamplif ied. Exceptions: Indoor
movie theater; big screen television andlor background music, amp1 ified or
nonamplified, played at a volume that does not interfere with normal
conversation."
Because the language specifically precludes entertainment, it would mean
no live shows, performances, etc. I've highlighted the additional reason
for including the language, which is to insure that nothing would interfere
with normal conversation.
Again, I believe that this language is fair for all, and provides a use of the
building that will prevent its deterioration by allowing it to be self-sufficient
and offset the extraordinary costs associated with mortgage, taxes, insurance
and maintenance.
I hereby respectfully seek the support of the Flamingo Park Neighborhood
Association.
My many thanks,
Daniel
Daniel Davidson
141 5 Euclid Ave.
Miami Beach, FL 331 39
P - 786-280-6565
F - 305-673-51 75
REVISED VERSION (INCLUDING ACCESSORY COMMERCIAL USES)
AS PRESENTED TO THE FPNA BY THE PROPONENT
(Revised for form approval by City Attorney's Office)
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISION OF
THE CITY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE
OF THE ClTY OF MlAMl BEACH CODE, BY AMENDING
CHAPTER 142, ZONING DISTRICTS AND REGULATIONS,
ARTICLE V, SPECIALIZED USE REGULATIONS, DIVISION 7,
BED AND BREAKFAST INNS, SECTION 142-1401,
"CONDITIONS FOR BED AND BREAKFAST INNS," BY
MODIFYING THE CONDITIONS FOR BED AND BREAKFAST
INNS TO WIDEN THE ELIGIBILITY FOR ALTERATIONS, AND
PERMITTING LIMITED ASSEMBLY TYPE ACCESSORY USES,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations allow for Bed and
Breakfast lnns in certain zoning districts under certain conditions; and
WHEREAS, a broadening of the conditions for Bed and Breakfast lnns
may be desired in order to permit other buildings not built as single family homes
but currently existing as non-apartment uses within historic districts; and
WHEREAS, it would be necessary to amend this portion of the City Code
to permit expanded eligibility for these buildings; and
WHEREAS, it may also be a desired policy decision to permit limit
accessory assembly uses in Bed and Breakfast Inns.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY
COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Miami Beach City Code, Chapter 142, Zoning Districts and
Regulations, Article V, Specialized Use Regulations, Division 7, Bed and
Breakfast Inns, Section 142-1 401, "Conditions for bed and breakfast inns," is
hereby amended as follows:
Sec. 142-1401. Conditions for bed and breakfast inns.
Bed and breakfast inns are permitted with the following conditions:
(1) The use shall be situated in a contributinq building Wd 2s "m ' I1 .
. . . and located in a locally
designated historic preservation district. The use may also be situated
in a noncontributinq building +isM+s "E- if it is
restored to its original historic appearance and re-categorized as
"contributinqU.I1
(2) The owner of the bed and breakfast inn shall permanently reside in the
structure.
(3) &The structure shall have originally been constructed as a
single-family residences:
(b) The existinq structure is not classified bv the Citv as an apartment
buildinn as defined in Section 114-1 of the Citv Code.
The structure may have original auxiliary structures such as a detached
garage or servant's residence, but shall not have noncontributing
multifamily or commercial auxiliary structures.
(4) The structure shall maintain public rooms (living roomldining room) for use
of the guests.
(5) The size and number of guestrooms in a bed and breakfast inn shall
conform to the following:
a. The structure shall be allowed to maintain (or restore) the original
number and size of bedrooms which, with the exception of rooms
occupied by the owner, may be rented to guests.
b. Historic auxiliary structures, such as detached garages and servants'
residences, may be converted to guestrooms. New bedrooms constructed
shall have a minimum size of 200 square feet and shall have a private
bathroom.
c. Architecturally compatible additions not exceeding 25 percent of the
floor area of the historic building shall be permitted to accommodate
emergency stairs, other fire safety requirements, and new bathrooms.
Additions shall be consistent with required setbacks and shall not be
located on primary or highly visible elevations.
d. If there is evidence of interior alterations and original building plans are
not available, the guestrooms shall be restored to the probable size and
configuration as proposed by a preservation architect and subject to
approval by the historic preservationldesign review board.
(6) There shall be no cooking facilitieslequipment in guestrooms. One small
refrigerator with maximum capacity of five cubic feet shall be permitted in
each guestroom. All cooking equipment which may exist shall be removed
from the structure with the exception of the single main kitchen of the
house.
(7) The bed and breakfast inn may serve breakfast andlor dinner to registered
guests only. No other meals shall be provided. The room rate shall be
inclusive of meal(s) if they are to be made available; there shall be no
additional charge for any meal. Permitted meals may be served in
common rooms, guestrooms or on outside terraces (see subsection 142-
1401 (9)). The meal service is not considered an accessory use and is not
entitled to an outside sign.
(8) Permitted meals may be served in areas outside of the building under the
following conditions:
a. Existing paved patios shall be restored but not enlarged. If no paved
surface exists, one consistent with neighboring properties may be
installed.
b. The area shall be landscaped and reviewed under the design review
process. Landscape design shall effectively buffer the outdoor area used
for meals from adjacent properties.
c. Any meal served outdoors shall be carried out from inside facilities.
Outdoor cooking, food preparation, andlor servinglbuffet tables are
prohibited.
(9) Notwithstanding subsections (7) and (8) above, bed and breakfast inns
that have had historic assemblv use, for which documentation is accepted
and confirmed bv the Planning Director or designee, may be permitted to
have limited non-entertainment assembly uses (including but not limited
to: art exhibits, corporate seminars, educational lectures and
presentations), i.e., assemblv uses without entertainment as defined in
section 142-1 361, if approved bv the Planning Board as a conditional use,
subiect to the following limitations:
a. The assemblv uses shall consist of private events bv invitation onlv,
not open to members of the general public, and
b. The assemblv events shall end no later than 11:30 p.m.; and
c. Invitations to assemblv events must indicate that no street parking is
available for the events, and direct guests to citv parking lots or licensed
private parking lots; and
d. No deliveries to the bed and breakfast inn shall occur before 9:00
a.m., or after 5:00 p.m. during weekdavs, and before 10:OO a.m., or after
3:00 p.m., during weekends.
The entire building shall be substantially rehabilitated and conform to the
South Florida Building Code, property maintenance standards, the fire
prevention and life safety code and the U.S. Secretary of the Interior's
Standards for Rehabilitation of Historic Buildings, as amended. In addition,
the entire main structure shall have central air conditioning and any
habitable portion of auxiliary structures shall have air conditioning units.
(11Q) Building identification sign for a bed and breakfast inn shall be the same
as allowed for an apartment building in the zoning district in which it is
located.
(12?> The maximum amount of time that any person other than the owner may
stay in a bed and breakfast inn during a one-year period shall not exceed
three months.
(132) The required off-street parking for a licensed bed and breakfast inn shall
be the same as for a single-family residence. There shall be no
designated loading zones on any public right-of-way and required parking
spaces shall not be constructed on swales, public easements or rights-of-
way.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections
in conflict herewith 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
"ordinance1' 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 day of 201 0.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE & FOR EXECUTION
n
t:\agendaUOlO\december I\regular\bed and breakfast ord revised version fpna further revised gh 12-1-l0.docx
PLANNING BOARD VERSION (INCLUDING ACCESSORY COMMERCIAL USES)
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClN COMMlSlON OF
THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE
OF THE ClN OF MlAMl BEACH CODE, BY AMENDING
CHAPTER 142, ZONING DISTRICTS AND REGULATIONS,
ARTICLE V, SPECIALIZED USE REGULATIONS, DIVISION 7,
BED AND BREAKFAST INNS, SECTION 142-1401.
CONDITIONS FOR BED AND BREAKFAST INNS, BY
MODIFYING THE CONDITIONS FOR BED AND BREAKFAST
INNS TO WIDEN THE ELIGIBILITY FOR ALTERATIONS, AND
PERMITTING LIMITED ASSEMBLY TYPE ACCESSORY USES,
PROVIDING FOR REPEALER, SEVERABILIN, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations allow for Bed and
Breakfast lnns in certain zoning districts under certain conditions; and
WHEREAS, a broadening of the conditions for Bed and Breakfast lnns
may be desired in order to permit other buildings not built as single family homes
but currently existing as non-apartment uses within historic districts; and
WHEREAS, it would be necessary to amend this portion of the City Code
to permit expanded eligibility for these buildings; and
WHEREAS, it may also be a desired policy decision to permit limit
accessory assembly uses in Bed and Breakfast inns;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClN
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA
SECTION 1. That Miami Beach City Code, Chapter 142, Zoning Districts and
Regulations, Article V, Specialized Use Regulations, Division 7, Bed and
Breakfast Inns, Section 142-1401. Conditions for bed and breakfast inns, is
hereby amended as follows:
Sec. 142-1401. Conditions for bed and breakfast inns.
Bed and breakfast inns are permitted with the following conditions:
(1) The use shall be situated in a contributing building 11 ' 11 '
..* and located in a locally
designated historic preservation district. The use may also be situated
in a noncontributing building lkb&a&%- if it is
restored to its original historic appearance and re-categorized as
"contributinq~."
The owner of the bed and breakfast inn shall permanently reside in the
structure.
&The structure shall have originally been constructed as a
single-family residence; or;
/b) The existina structure is not classified by the City as an apartment
building as defined in Section 114-1 of the City Code.
The structure may have original auxiliary structures such as a detached
garage or servant's residence, but shall not have noncontributing
multifamily or commercial auxiliary structures.
The structure shall maintain public rooms (living roomldining room) for use
of the guests.
The size and number of guestrooms in a bed and breakfast inn shall
conform to the following:
The structure shall be allowed to maintain (or restore) the original number
and size of bedrooms which, with the exception of rooms occupied by the
owner, may be rented to guests.
Historic auxiliary structures, such as detached garages and servants'
residences, may be converted to guestrooms. New bedrooms constructed
shall have a minimum size of 200 square feet and shall have a private
bathroom.
Architecturally compatible additions not exceeding 25 percent of the floor
area of the historic building shall be permitted to accommodate
emergency stairs, other fire safety requirements, and new bathrooms.
Additions shall be consistent with required setbacks and shall not be
located on primary or highly visible elevations.
If there is evidence of interior alterations and original building plans are not
available, the guestrooms shall be restored to the probable size and
configuration as proposed by a preservation architect and subject to
approval by the historic preservationldesign review board.
There shall be no cooking facilitieslequipment in guestrooms. One small
refrigerator with maximum capacity of five cubic feet shall be permitted in
each guestroom. All cooking equipment which may exist shall be removed
from the structure with the exception of the single main kitchen of the
house.
(7) The bed and breakfast inn may serve breakfast andlor dinner to registered
guests only. No other meals shall be provided. The room rate shall be
inclusive of meal(s) if they are to be made available; there shall be no
additional charge for any meal. Permitted meals may be served in
common rooms, guestrooms or on outside terraces (see subsection 142-
1401 (9)). The meal service is not considered an accessory use and is not
entitled to an outside sign.
(8) Permitted meals may be served in areas outside of the building under the
following conditions:
a. Existing paved patios shall be restored but not enlarged. If no paved
surface exists, one consistent with neighboring properties may be
installed.
b. The area shall be landscaped and reviewed under the design review
process. Landscape design shall effectively buffer the outdoor area used
for meals from adjacent properties.
c. Any meal served outdoors shall be carried out from inside facilities.
Outdoor cooking, food preparation, andlor servinglbuffet tables are
prohibited.
(9) Notwithstanding (7) and (8) above, bed and breakfast inns mav be
permitted to have limited assemblv uses if approved bv the Planning
Board as a conditional use, consisting of private events by invitation only
not open to members of the general public, up until 12:OO midnight.
(109) The entire building shall be substantially rehabilitated and conform to the
South Florida Building Code, property maintenance standards, the fire
prevention and life safety code and the U.S. Secretary of the Interior's
Standards for Rehabilitation of Historic Buildings, as amended. In addition,
the entire main structure shall have central air conditioning and any
habitable portion of auxiliary structures shall have air conditioning units.
(IN) Building identification sign for a bed and breakfast inn shall be the same
as allowed for an apartment building in the zoning district in which it is
located.
(124) The maximum amount of time that any person other than the owner may
stay in a bed and breakfast inn during a one-year period shall not exceed
three months.
(19) The required off-street parking for a licensed bed and breakfast inn shall
be the same as for a single-family residence. There shall be no
designated loading zones on any public right-of-way and required parking
spaces shall not be constructed on swales, public easements or rights-of-
way.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections
in conflict herewith 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. SEVERABILIN.
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 day of 2010.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE & FOR EXECUTION
T:\AGENDA\201O\October 27RegularBed and Breakfast Ordinance ORD Planning Board version.docx
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE IS HEREBY given that second readings and public hearings will
be held by the Mayor and City Commission of the City of Miami Beach,
Florida, in the Commission Chambers, 3rdfloor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, an Wednesday, December am, 2010,
to consider the following:
10:15 a.m.
Ordinance Amending The Code Of The Ci bf Miami Beach, By Amending
Chapter 2, Entitled "Administration," By Amending Article ill, Entitled
"Agencies, Boards And Committees," By Amending Division 14, Entitled
"Safety Committee," By Amending Sec. 2-176(E) To Require That One
Of The Two Direct Appointments Made By The Mayor And Each City
Commissioner Be Citizen Emergency Response Team (CERT) Certified.
lnquiries may be directed to the City Clerk's Office 9305) 673-741 1.
10:20 a.m.
Ordinance Amending The Land Development Regulations Of The
City Code By Amending Chapter 118,- "Administrative And Review
Procedures," Article II, "Boards," Division 5, "Board Of Adjustment,"
Section 118-134, "Notification Of. Hearings"; Article IV, "Gonditional
Use Procedure," Section 11 8-1 93. "Applications For Conditional Uses";
Article VI, "Design &view Procedures"; Section 118-254, "Decision Of
Design Review Board," And Section 118-257, "Deferrals, Continuances
And Wihdrawals," Article X, "Historic Preservation"; Section
118-563, "Review Procedure," And Section 118-591, "Historic
Designation Procedure," And Article XI. "Neighborhood Conservation
Districts (NCD)"; Section 118-705, "Procedures For Adoption Of Specific
NCD Overlay Districts," To Expand The Public Notice Period For All Four
Land Use Boards From 15 Days To 30 Days.
lnquiries may be directed to the Planning Department (305) 673-7550.
10:40 a.m.
Ordinance Amending The Code Of he bty Of Miami Beach Code, By
Amending Chapter 142, Zoning Districts And Regulations, Article V,
Specialized Use Regulations, Division 7,Bed And Breakfast Inns, Section
142-1401, Conditions For Bed And Breakfast Inns, By Modifying The
Conditions For Bed And Breakfast Inns To Widen The Eligibility For
Alterations.
lnquiries may be directed to the Planning Department (305) 673-7550.
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 CEO the City Clerk, 1700 Convention Center Drive,
1" Floor, City Hall, Miami Beach, Florida 33139. This meeting may be
opened and 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, FL Statutes, the City hereby advises the
public that: if a person decides to appeal any decision made by Qe
City Commission with respect to any maaer 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.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding, or
to request information on access for persons with disabilities, or to
request this publication in accessible format, or to request sign language
interpreters, should contact the City Clerk's office at (305) 673-741 1, na
later than four days prior to the proceeding-If hearing impaired, contacl
the City Clerk's office via the Florida Relay Service numbers, (800) 955-
8771 or (800) 955-8770 (VOICE). AD #,637 -
192
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 70 of the Miami Beach City Code entitled "Miscellaneous Offenses" by amending Article Ill,
entitled "Graffiti", by amending Division I, entitled "Generally", by amending Section 70-126, entitled "Responsibility of Property
Owner(s) to Remove Graffiti; Graffiti Removal and Notice; Enforcement1', by amending the responsibilities of property owners with
regard to the abatement of graffiti and amending enforcement provisions.
Key Intended Outcome Supported:
I Ensure Well Maintained Infrastructure: Ensure Com~liance with Code Within Reasonable Time Frame; lm~rove Cleanliness of I
. Miami Beach Rights of Way ~s~eciall; in Business kreas; & Increase Resident Satisfaction With Level of Code Enforcement
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Environmental Scan shows that the Number of Warning
Notices for Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by 16.9% when compared
to the 2005106 Base Year. The 2009 Community Survey Suggests that 64% of residents and 68% of businesses rated the level of
code enforcement and ordinances as excellent or good.
Issue: I Shall the Mayor and the City Commission Approve The Amendments to the Ordinance? 1
Item Summary1Recommendation:
SECOND READING I PUBLIC HEARING
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti Ordinance to the
NeighborhoodsICommunity Affairs Committee (NCAC), for further discussion on possible amendments to address graffiti acid-
etched on glass. Potential options to handle remediation of acid-etched graffiti on glass were discussed at the May 18,2009 and
June 17, 2009 NCAC meetings. The Committee moved the item forward for development of amendment language to require
private property owners to remove or remediate acid-etched graffiti on glass with a standard (e.g. % of surface defaced) to be
determined by the Administration. Additionally, the City Attorney's Office was directed to explore whether obscene and offensive
materials could be given a heightened requirement for removal. There was also discussion regarding extending the time to abate
acid-etched graffiti.
During first reading of the ordinance at the City Commission meeting on October 14, 2009, there was an amendment made to
delay enforcement of the abatement requirements for acid-etched graffiti on glass for at least a year, in light of the current
economic climate and the potential costs. The item was approved on first reading on October 14,2009. However, following the
first reading, the City Attorney's Office advised the Administration that they had concerns with the deferred effective date for
enforcement. The item was opened and continued a number of times from December 2009 through June 2010. At the June 9,
2010 City Commission meeting, the Administration recommended that the proposed ordinance be opened and continued to
December 8, 2010 for second reading so that the ordinance would go into effect in January, 201 1, as was the desire of the
Commission.
I Financial Impact Summary: The proposed amendment is expected to have a minimal fiscal impact. The City will not be
abating acid-etched graffiti on private property and fines are not automatic and would only be assessed through the Special Master I
Since it has been a year and a half since the NCAC last heard this item, and over a year since the City Commission considered
this item at first reading, the Administration recommends referring this item back to the NCAC at its December 14,201 0 meeting
for discussion, and then back to the City Commission on January 19, 201 1 for first reading.
Advisory Board Recommendation:
Neighborhoods/Community Affairs Committee (NCAC) on May 18, 2009 and June 17, 2009; First Reading at the October 14,
2009 City Commission Meeting.
Financial Information:
Sign-Offs:
Source of Funds:
OBPl
Department Director Assistant City Manager -City Manager,
I I &A dl I I
BEACH
Account
I
Total
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: December 8, 201 0
SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH
ClTY CODE ENTITLED "MISCELLANEOUS OFFENSES"; BY AMENDING
ARTICLE Ill, ENTITLED "GRAFFITI"; BY AMENDING DIVISION I, ENTITLED
"GENERALLY"; BY AMENDING SECTION 70-126, ENTITLED
"RESPONSIBILITY OF PROPERTY OWNER(S) TO REMOVE GRAFFITI;
GRAFFITI REMOVAL AND NOTICE; ENFORCEMENT" BY AMENDING THE
RESPONSIBILITIES OF PROPERTY OWNERS WITH REGARD TO THE
ABATEMENT OF GRAFFITI AND AMENDING ENFORCEMENT PROVISIONS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti
ordinance to the Neighborhoods1Community Affairs Committee (NCAC), for further
discussion on possible amendments to address graffiti acid-etched on glass. Potential
options to handle remediation of acid-etched graffiti on glass were discussed at the May 18,
2009 and June 17, 2009 NCAC meetings. The Committee moved the item forward for
development of amendment language to require private property owners to remove or
remediate acid-etched graffiti on glass with a standard (e.g. % of surface defaced) to be
determined by the Administration. Additionally, the City Attorney's Office was directed to
explore whether obscene and offensive materials could be given a heightened requirement
for removal. There was also discussion regarding extending the time to abate acid-etched
graffiti.
During first reading of the ordinance at the City Commission meeting on October 14, 2009,
there was an amendment made to delay enforcement of the abatement requirements for
acid-etched graffiti on glass for at least a year, in light of the current economic climate and the
potential costs. The item was approved on first reading on October 14, 2009. However,
following the first reading, the City Attorney's Office advised the Administration that they had
concerns with the deferred effective date for enforcement. The item was opened and
continued a number of times from December 2009 through June 2010. At the June 9,2010
City Commission meeting, the Administration recommended that the proposed ordinance be
opened and continued to December 8,201 0 for second reading so that the ordinance would
go into effect in January, 201 1, as was the desire of the Commission.
Since it has been a year and a half since the NCAC last heard this item, and over a year
since the City Commission considered this item at first reading, the Administration
recommends referring this item back to the NCAC at its December 14, 2010 meeting for
discussion, and then back to the City Commission on January 19, 201 1 for first reading.
City Commission Memorandum
December 8, 2070
Amendment regarding Acid-etched Graffiti
Page 2 of 4
BACKGROUND
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti
Ordinance to the NCAC for further discussion of proposed amendments, including the issue
of requirements for property owners that are the victims of graffiti acid-etched on glass.
While discussing the potential options to handle remediation of graffiti acid-etching on glass
at the May 18, 2009 NCAC meeting, it was discussed that other options exist beyond the
replacement of the affected glass. The Committee requested the discussion return to the
NCAC with more information on the removal and prevention of acid-etched graffiti on glass.
In addition, the 2009 Environmental Scan shows that the Number of Warning Notices for
Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved
by 16.9% when compared to the 2005106 Base Year. The 2009 Community Survey Suggests
that 64% of residents and 68% of businesses rated the level of code enforcement and
ordinances as excellent or good.
ANALYSIS
During the June 17,2009 NCAC meeting, the Committee reviewed and discussed additional
information provided by staff. This included the information below regarding prevention,
removal and replacement.
Prevention
Two (2) south Florida companies were identified that offer anti-graffiti films that can
be placed on the glass to serve as an external (sacrificial) barrier. Typically, these
anti-graffiti films use a different adhesive than other types of protective films and do
not require scraping to remove the film from the glass. This helps avoid scratches to
the glass during the removal process. At that time, installation costs from local
companies varied from $4 - $9 per square foot (sf). This cost variation is due to the
cost of the materials (which is based on the manufacturer), the thickness of the film,
the total amount of glass being covered, and the company doing the installation.
Vendors claim that added benefits of utilizing this type of barrier include blocking
heat, glare, and a high percentage of damaging ultraviolet rays. Based on the pricing
as described above, the cost to cover a 4x8 sheet of glass would vary from $128 to
$288.
Removal
Three (3) south Florida companies were identified that offer services to remove acid-
etched graffiti from glass. The three (3) companies all state they are able to remove
acid-etchings, free of distortion, on almost any kind of acrylic or glass surface,
including tempered glass. While all three companies quoted an hourly rate ranging
from $65 - $80, there was a substantial difference in the amount of time estimated to
complete a similar job. In the example provided to the vendors, assuming a window
with dimensions of 4x8is defaced with acid-etching of one foot high letters covering a
length of four feet across, two (2) of the companies estimated 1-2 hours for removal,
while the third estimated 6 hours for removal. Based on the above pricing the cost to
treat the glass would vary between $97.50 (1.5 hoursx$65) and $390 ($65~6 hours).
Replacement
Four (4) local glass replacement companies were contacted and asked to provide an
estimate to replace a 4x8 sheet of glass. Estimates for non-impact resistant glass
ranged from $380 - $480, while impact resistant glass replacement estimates ranged
from $1,440 - $1,600.
City Commission Memorandum
December 8, 2010
Amendment regarding Acid-etched Graftiti
Page 3 of 4
Staff also found that minimum charges are $50 - $75 for glass restoration, and response time
from the repair companies is two (2) to three (3) business days.
The Committee moved the item forward with a recommendation for the development of a
requirement to remove or remediate acid-etched graffiti on glass tied to a standard that
incorporates a formula, such as when greater than 25% of the glass surface (or some
designated square footage to be determined by the Administration) was damaged by acid-
etched graffiti. Additionally, the Administration was to explore whether the City can utilize the
Building Department's application fee excess funds to subsidize the cost of installing
protective film for business owners, and the City Attorney's Office was to explore the
possibility, under the First Amendment, if obscenity and offensive symbols could be given a
heightened requirement for removal (e.g. must be remediated faster). There was also
discussion regarding extending the time given to the affected property owner to abate acid-
etched graffiti on glass, since coordinating the abatement might require more time than, for
example, painting over graffiti. The time for compliance regarding acid-etched graffiti is
extended in the proposed ordinance from seven (7) to twenty (20) business days for
commercial property, and from ten (1 0) to thirty (30) days for non-commercial property.
The current graffiti ordinance was not intended to provide fines for failure by a property owner
to remediate graffiti within the required period. In instances when the graffiti is paint or
marker, and it has not been removed within the required time (7 days commercial; 10 days
residential), the City will remediate the graffiti and bill the private property owner. However,
there are unique instances when City staff remediation of painted graffiti may not be possible
or advisable. In the case of acid-etched glass graffiti on private property, the City will not
remediate this type of graffiti. As such, as an avenue to compel compliance for removal of
acid-etched glass graffiti, or those unique circumstances when remediation of typical graffiti
may not be possible by City staff, it is proposed that non-compliance of graffiti remediation as
required by ordinance be handled through the Special Master process, and fines under
Chapter 30 would apply as provided for in the amended language in 70-125(f).
Additionally, the City Attorney's Office has advised that a different standard for obscenity or
offensive material is not recommended. They have also advised against establishing a
different standard for acid-etched graffiti in terms of identifying a minimum square footage
that would trigger remediation. Therefore, those provisions were not included in the
proposed ordinance approved on first reading.
The Building Department's fee excess funds must be used for Building Department expenses
and are not eligible to be used for subsidizing the cost of installing protective film for business
owners.
PROPOSED ORDINANCE AMENDMENT
The proposed amendment modifies Sec. 70-125(b) to require abatement (repair,
rehadilitation, demolition or removal) as opposed to simply corrective action (remove or
effectively obscure) which applies to all other types of graffiti, and extends the time for
abatement for acid-etched graffiti on commercial property to twenty (20) business days and
on non-commercial property to thirty (30) business days.
Section 70-1 25(f) is modified so that the provisions associated with acid-etched graffiti on
glass in Sections 70-1 25(b) and (e)(3) are enforced through Chapter 30 of the City Code.
Cify Commission Memorandum
December 8, 2010
Amendmenf regarding Acid-efched Graft7fi
Page 4 of 4
ADDITIONAL CHANGE TO ORDINANCE AT FIRST READING
During discussion of the ordinance on first reading at the City Commission meeting on
October 14, 2009, there was an amendment made to delay enforcement of the abatement
requirements for acid-etched graffiti on glass for at least a year, in light of the current
economic climate and the potential costs. However, following the first reading, the City
Attorney's Office advised the Administration that they had concerns with the deferred
effective date for enforcement. The Administration recommended that the proposed
ordinance be opened and continued to December 8, 2010 for second reading so that the
ordinance will go into effect in January, 201 1, as was the desire of the Commission.
FISCAL IMPACT
The fiscal impact from the amendment is expected to be marginal. The City will not be
abating acid-etched graffiti on private property and fines are not automatic and would only be
assessed through the Special Master process.
CONCLUSlON
The proposed draft ordinance was developed by the Administration together with the City
Attorney's Office pursuant to instruction from the NeighborhoodsICommunity Affairs
Committee. The amendment extends the compliance time for abatement of acid-etched
glass graffiti, and provides for enforcement under Chapter 30 of the City Code should graffiti,
and in particular acid-etched graffiti on glass, not be abated within the timeframes provided
for pursuant to the ordinance.
The Commission approved the ordinance on first reading at its October 14, 2009 meeting
with direction that enforcement of acid-etched graffiti as provided for in the ordinance be
delayed for one year. In order to accomplish this, at its June 9, 201 0 Commission meeting,
the Mayor and Commission opened and continued the item until the December 8, 2010
meeting so this amendment would go into effect in January, 201 1.
Since it has been a year and a half since the NCAC last heard this item, and over a year
since the City Commission considered this item at first reading, the Administration
recommends referring this item back to the NCAC at its December 14, 2010 meeting for
discussion, and then back to the City Commission on January 19, 201 1 for first reading.
T:\AGENDA!201O\December 8\Regular\Acid-etched graffiti MEMO 2nd Reading - Finaldoc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER
70 OF THE MlAMl BEACH CITY CODE ENTITLED
"MISCELLANEOUS OFFENSES"; BY AMENDING ARTICLE Ill,
ENTITLED "GRAFFITI"; BY AMENDING DIVISION I, ENTITLED
"GENERALLY"; BY AMENDING SECTION 70-126, ENTITLED
"RESPONSIBILITY OF PROPERTY OWNER(S) TO REMOVE
GRAFFITI; GRAFFITI REMOVAL AND NOTICE;
ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF
PROPERTY OWNERS WITH REGARD TO THE ABATEMENT
OF GRAFFITI AND AMENDING ENFORCEMENT PROVISIONS;
PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the immediate removal of graffiti is the most effective deterrent to its
reoccurrence; and
WHEREAS, graffiti depreciates the value of the defaced property as well as the
surrounding neighborhood; and
WHEREAS, the presence of graffiti etching acid on surfaces which come in contact with
the public pose a health and safety risk and requires specialized removal techniques to abate;
and
WHEREAS, the City recognizes the importance of preserving the City's aesthetic beauty
and protecting the City's image and quality of life for its residents and visitors through the
prompt removal of graffiti; and
WHEREAS, in order to preserve the integrity of the commercial and residential
neighborhoods of the City, including its historically designated districts, and to protect the
health, safety, and welfare of the general public, the Mayor and City Commission find that more
stringent measures and updated terminology with regard to graffiti are needed in the City Code
to serve and protect the best interests of the citizens of Miami Beach and to promote and
maintain the aesthetic appearance of the City of Miami Beach, which is an internationally
renowned tourist destination.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Article Ill, entitled "Graffiti," of Chapter 70 of the Miami Beach City Code, entitled
"Miscellaneous Offenses," is hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
* * *
ARTICLE Ill. GRAFFITI
DIVISION I. GENERALLY
Set. 70-125. Responsibility of property owner(s) to femwe abate graffiti; graffiti femwa4
abatement and notice; enforcement.
(a) Maintenance or allowance of graffiti to exist for more than seven business days on a
commercial property, or 10 business days on a residential property, is prohibited.
(b) Whenever the city becomes aware of the existence of graffiti on any property, a code
compliance officer is authorized upon such discovery to give, or cause to be given, notice te
to abate the araffiti to the property owner or the property owner's agent or
manager, as follows:
(1) Commercial property. For commercial property, the property owner or the
property owner's agent or manager shall abate the graffiti within
seven business days from the receipt or delivery of the notice referenced within this
section, except that etched graffiti shall be abated within 20 business davs from the
receipt or deliverv of the notice referenced within this section.
(2) Non-commercial property. For non-commercial property, the property owner, or
property owner's agent shall abate the araffiti within 10 business
days from the receipt or delivery of the notice referenced within this section, except that
etched graffiti shall be abated within 30 business davs from the receipt or deliverv of the
notice referenced within this section.
(c) Such notice shall be given by certified mail, return receipt requested; or by hand delivery
by code compliance officer to the owner of record of the property described as recorded in the
current county tax rolls. Mailed notice shall be deemed complete and sufficient notice when so
deposited in the United States mail with proper postage prepaid.
(d) The city shall waive painting permit requirements for abating graffiti, subject to the use of
the same, or substantially same, colored exterior paint, provided that the existing paint complies
with all city requirements.
(e) Graffiti abatement shall consist of:
(1 Painting of the entire area defaced by graffiti with paint matching, or substantially
matching, the permitted paint color on the surface, regardless of whether the city has
temporarily abated the graffiti with a different paint color.
(2) Pressure-cleaning or cleaning by any other method that will successfully remove
graffiti from the area defaced by the graffiti without causing damage.
Professional alass restoration or replacement of glass for etched araffiti to
com~letelv remove the graffiti. However, the requirement to abate etched araffiti bv
professional alass restoration or replacement of alass shall not be effective until Januarv
1, 201 1. Prior to Januarv 1. 201 1, the visual impact of the etched alass araffiti must be
mitigated in a manner consistent with Design Review or Certificate of Appropriateness
criteria, as applicable, and as a~proved bv the Planning Director.
(f) The property owner is responsible for ensuring compliance with sections 142-1 191
through 142-1 193 of the City Code and a violation of this section shall be enforced pursuant to
sections 114-7 through 114-8 and Chapter 30 of the Citv Code. In addition. the propertv owner
is responsible for ensuring compliance with subsections 70-125(b) and (e) and a violation of
those subsections shall be enforced pursuant to Chapter 30 of the Citv Code.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the day of ,2011.
PASSED and ADOPTED this day of ,2010.
ATTEST:
Matti Herrera Bower
Mayor
Robert Parcher, City Clerk
Underline denotes additions and denotes deletions
T:WGENDA\201 O\December 8\RegularWcid-etched graffiti 0RD.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Amendments to the Roofing Materials Ordinance.
Key Intended Outcome Supported:
[ Maintain strong growth management policies; Protect historic building stock I
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the
City in this area.
Issue:
Should the City Commission adopt an Ordinance Amendment that modifies the review procedures for
certain types of roof materials on pre-1942 architecturally significant homes and 'non-contributing'
structures located in historic districts, while allowing for an expanded role of planning department staff in
the review process?
Item SummarylRecommendation:
1 FIRST READING: The Administration recommends that the City Commission approve the Ordinance on I
first reading and schedule a second reading public hearing onjanuary 19, 201 1. I
Advisory Board Recommendation: I On June 1, 2010, the Design Review Board (DRB) passed a Resolution recommending an
amendment to the City Code to update the procedures for allowing materials other than tiles to be
used on new roofs for single family homes constructed prior to the year 1942. On September 27,
201 0, the Land Use and Development Committee referred the Ordinance to the Planning Board, with
a favorable recommendation. On November 16, 2010, the Planning Board transmitted the subject
Ordinance to the City Commission, with a favorable recommendation.
Financial Information:
I I
Source of
Funds:
l---l l--..l OBPl 4
Total
I I I I
Financial Impact Summary:
The subject ordinance is not expected to have any fiscal impact.
Approved
City Clerk's Office Legislative Tracking: I Richard Lorber or Thomas Mooney
Account
1
2
3
AOEW DA ITEM KG
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of thyty Commission
FROM: Jorge M. Gonzalez, City Manager m
DATE: December 8, 2010 ill FIRST READING
SUBJECT: AN ORDINANCE OF THE ClTY OF h&Ml BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF MIAMI
BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE IVY "SUPPLEMENTARY DISTRICT
REGULATIONS", SECTION 142-875 "ROOF REPLACEMENTS" TO MODIFY
AND EXPAND THE REQUIREMENTS FOR ROOFING MATERIALS IN ALL
DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed Ordinance
on first reading and set a second reading public hearing for January 19, 201 1.
BACKGROUND
On June 1,2010, the Design Review Board (DRB) passed the attached Resolution, which
recommends an amendment to the City Code, updating the procedures for allowing
materials other than tiles to be used on new roofs for single family homes constructed prior
to the year 1942. Specifically, the DRB is recommending, based upon a number of
applications that have come before it, that appropriate latitude be given to the City's
Planning Department for the review and approval of new roofs for pre-I 942 Architecturally
Significant single family homes.
ANALYSIS
In 2007, the City Commission adopted a comprehensive amendment to Section 142-875 of
the City Code, pertaining to roof replacements and new roofs. This amendment addressed
advances in technology regarding metal roofing systems. Currently, a wide range of metal
roofs now exist, which satisfy building code requirements and are compatible with most
styles of architecture in the City. These include metal tile in a flat or barrel shape, as well as
different textures, colors and finishes of standing seam metal.
In addition to being much more architecturally compatible than in the past, alternative roofing
material such as metal tile and standing seam metal offer the following tangible benefits over
concrete or ceramic tile:
They are far more durable; not just to wind speed, but, more importantly, in terms of
damage from flying debris.
They are far more energy efficient, particularly in the summer months.
December 8, 2010
Commission Memorandum
Amendment fo Roofing Materials Ordinance
Page 2 of 2
They are often composed of recycled material and can be used to achieve LEED
points.
They have a longer warranty than concrete or barrel tile.
They are generally the same price as concrete tile and less expensive than clay or
ceramic barrel tile.
They are readily available.
In order to ensure a careful balance between protecting the architectural and historic
integrity of the City's housing stock and neighborhood character, while addressing the needs
of homeowners, and allowing for more durable, sustainable and available roofing material,
the Ordinance adopted in 2007 included certain safeguards for eligible structures.
Specifically, for Architecturally Significant single family homes constructed prior to 1942,
approval from the Design Review Board (DRB) is required for roofing material other than flat
or barrel tile. For roofing on new construction or existing non-contributing structures in local
historic districts, approval from the Historic Preservation Board (HPB) is required. Metal
roofs are prohibited on contributing structures and on any historic structure designed in the
Mediterranean Revival style of architecture. Additionally, criteria was established for the
relevant Boards, as well as the Planning Department, to follow when evaluating metal roof
requests.
Over the last few years, concerns have been expressed by owners of Architecturally
Significant single family homes built prior to 1942, with regard to the cost and length of time
a hearing before the DRB takes, just to replace a roof. In order to address this concern, at
the direction of the DRB, the proposed Ordinance Amendment has been drafted, which
would give more latitude to staff in applying the roofing material criteria to pre-1942 homes,
as well as non-contributing structures within historic districts.
On September 27,201 0, the Land Use and Development Committee referred the Ordinance
to the Planning Board, with a favorable recommendation.
PLANNING BOARD ACTION
On November 16, 2010, the Planning Board transmitted the subject Ordinance to the City
Commission, with a favorable recommendation, by a 5-1 vote.
The Administration is confident that the proposed ordinance will address the issues and
concerns identified by the DRB and result in a more streamlined approval process for single
family home owners.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance on first
reading, and set a second reading public hearing for January 19, 201 1.
&
JMGIJGGIRGLRRM
T:MGENDAl2010\December 8\Regular\Roofing Materials 2010 - MEM.docx
CITY OF MIAMI BEACH
. . DESIGN REVIEW BOARD
RESOLUTION
WHEREAS, the City of Miami Beach Design Review Board is charged by
Ordinance as serving in an advisory capacity to the City Commission and other City
Boards on issues affecting the City's architecture, design, and planning; and
WHEREAS, the Design Review Board strongly supports the efforts of the City to
promote and enhance its unique social and architectural history and to improve the
appearance of new and existing single family architecture; and
WHEREAS, the use of materials other than tile for new and existing roofs is
appropriate in certain circumstances for single family homes; and
WHEREAS, the Design Review Board supports the efforts of the City of Miami
Beach to update and refine the requirements of the Land Development Regulations of
the Code of the City of Miami Beach as they pertain to design issues affecting pre-1942
Architecturally Significant single family homes.
THEREFORE, it is hereby resolved that the Design Review Board transmits and
recommends that the City of Miami Beach Planning Board begin the .process of
amending the Land Development Regulations of the City Code to updatesthe procedures
for allowing materials other than tiles to be used on new roofs for. single family homes
constructed prior to the year 1942, subject to the appropriate review by the City's
Planning Department. . .
PASSED AND ADOPTED this 1st day of Ju
Design and Preservation ~ak&er
For the Design Review Board
F:\PLAN\$DRB\Resos\Pre 1942 Metal Roofs Resolution.docx
Roofing Materials
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION
OF THE CIN OF MlAMl BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF THE ClN OF MlAMl BEACH, BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE
IV, "SUPPLEMENTARY DISTRICT REGULATIONS",
SECTION 142-875 "ROOF REPLACEMENTS" TO MODIFY
AND EXPAND THE REQUIREMENTS FOR ROOFING
MATERIALS IN ALL DISTRICTS; 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 zoning districts and regulations; and
WHEREAS, the City of Miami Beach recognizes the benefits of alternative roofing
materials in terms of maintenance, durability, sustainability, energy efficiency and
availability; and,
WHEREAS, the City of Miami Beach has adopted regulations pertaining to
replacement and construction of pitched roofs; and,
WHEREAS, the City of Miami Beach desires to expand, modify and clarify the
requirements for new and replacement roofing materials for pitched roofs; 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 CIN COMMISSION
OF THE ClTY OF MlAMl BEACH, FLORIDA.
SECTION I. That Chapter 142, Entitled "Zoning Districts and Regulations", Article IV,
Entitled "Supplementary District Regulations ", Division 1, Entitled "Generally" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 142-875. Roof replacements and new roofs.
(a) In all districts, except locally designated historic districts, sites orstructures, the new
construction, repair or replacement of any pitched roof shall consist of flat or barrel tile,
which shall be composed of concrete, clay or ceramic material. Metal roofing systems may
be proposed for new construction, existing multi-family and townhome structures, existing
commercial buildings, single family homes constructed after 1942, and nonarchitecturally
significant single family homes constructed prior to 1942, and shall be subject to the review
and approval of the planning department, in accordance with the following criteria:
(1) The same style, design and material shall be required for the main structure and all
accessory structures when located on the same property.
(2) The color of the roof shall be neutral and shall not overwhelm or cause the roof to
stand out in a significant manner.
(3) The design, details, dimensions, surface texture and color shall be consistent with
the architectural design, style and composition of the structure.
(4) The design, details, dimensions, surface texture and color shall be consistent with
the established scale, context and character of the surrounding area.
For architecturallv significant single familv homes constructed prior to 1942, approval from
the design review board shall be required. In the event that the ~lanning director, or
designee, determines that the scale, massing and design of an architecturallv significant
single familv home constructed prior to 1942 can accommodate a metal roofing svstem,
and that the metal roofing system will not negatively impact the established architectural
context of the immediate area, such roofing svstem mav be approved by the planninq
department, subiect to the criteria in subsections (1 )-(4) above.
The appeal of any decision of the planning department under this section shall be to the
design review board, in accordance with chapter 11 8, article VI of these land development
regulations.
(b) Within any locally designated historic district, site or structure, the new construction,
repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall be
composed of concrete, clay or ceramic material. The use of metal roofing systems on new . . . . construction r\r shall require the review and approval of
the historic preservation board, in accordance with the criteria in subsections (a)(l)-(4)
above and chapter 118, article X of these land development regulations. Metal roofing
systems shall not be permitted on contributing buildings. The use of metal roofing svstems
on existing non-contributing structures shall require the approval of the historic preservation
board, in accordance with the criteria in subsections (a)(l)-(4) above and chapter 11 8,
article X of these land development regulations. In the event that the planning director, or
designee, determines that the scale, massing and design of an existing non-contributinq
structure can accommodate a metal roofing svstem, and that the metal roofing svstem will
not negativelv impact the established historic and architectural context of the immediate
area, such roofing svstem mav be approved bv the planning department in accordance
with the criteria in subsections (a)(l)-(4) above and section I7 8-564.
(c) Notwithstanding the above, for those structures constructed and substantially
maintained in the Mediterranean revival or mission style of architecture, only concrete, clay
or ceramic tile may be utilized. For purposes of this subsection, Mediterranean revival or
mission architecture shall be defined as those structures built between 191 5 through 1942
and characterized by, but not limited to, stucco walls, low pitch terra cotta or historic Cuban
tile roofs, arches, scrolled or tile capped parapet walls and articulated door surrounds, or
Spanish baroque decorative motifs and classical elements.
(d) Notwithstanding the above, in the event a material other than flat or barrel tile was
2
permitted for a pitched roof in any district, such roof may be replaced with the same
material, subject to the criteria in subsection (a) above.
(e) For those structures which contain historic Cuban barrel tiles, such tiles shall be
retained and preserved, subject to the provisions of the applicable building codes.
(9 No variances from any of these provisions shall be granted. However, in the event
that the building official determines that limitations exist regarding the load capacity of an
existing roof, a roofing material other than concrete, clay or ceramic tile may be approved
by the planning department for any type of structure, in accordance with the criteria
specified in subsections 142-875(a)(1)--(4) above.
SECTION 2. 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
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 day of ,2010.
MAYOR
COMMISSION ITEM SUMMARY
Condensed Title:
Amendments to the Lincoln Road Signage District.
Key Intended Outcome Supported: I Maintain strong growth management policies; Protect historic building stock I
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the I City in this area. I
Issue: - - - -- - -
Should the City Commission adopt an Ordinance Amendment that modifies and further restricts allowable
signage within the Lincoln Road Signage District?
Item SummarylRecommendation:
I FIRST READING: The Administration recommends that the City Commission approve the Ordinance on I I first reading and schedule a second reading public hearing on >anuary 19, 201 I.
Advisory Board Recommendation:
On July 26, 2010, the Land Use and Development Committee referred the Ordinance to the Planning
Board, with a favorable recommendation. On October 26, 2010, the Planning Board transmitted the
subject Ordinance to the City Commission, subject to minor text modifications, with a favorable
recommendation.
Financial Information:
I I
City Clerk's Office Legislative Tracking: 1 Richard Lorber or Thomas Mooney
Source of
Funds:
I.
OBPl
Sign-0%:
. Departmfint Director A;ssistant Cityfianager City Manager I
I
2
i AM1 BEACH
Financial Impact Summary:
The subject ordinance is not expected to have any fiscal impact.
AGENDA ITEM 85'4
1
2
3
4
Total
Account Amount Approved
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO : Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE. December 8,201 0
SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE ClTY OF MIAMI BEACH, BY
AMENDING CHAPTER 138, ENTITLED "SIGNS", BY AMENDING ARTICLE V,
ENTITLED "SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION
138-173 TO MODIFY THE REQUIREMENTS FOR THE LINCOLN ROAD
SIGNAGE DISTRICT; PROVIDING FOR INCLUSION IN THE ClTY CODE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed Ordinance
on first reading and set a second reading public hearing for January 19, 201 1.
BACKGROUND
In 2001, the City Commission established Section 138-1 73 of the City Code, which created
the Lincoln Road Signage District. The district includes those properties fronting on Lincoln
Road between Collins and Washington Avenues, most of which have very large, blank
facades that were designed to accommodate large, graphic signage. Historic
documentation from the 1940's and 1950's shows large, well designed graphic signs which
established the previous "bright" character of this stretch of Lincoln Road. During its heyday,
this particular section of Lincoln Road exuded excitement, activity and a special sense of
place.
ANALYSIS
The creation of the Lincoln Road Signage District was first proposed by the Historic
Preservation Board in order to encourage and allow for the re-introduction of this "bright"
character of Lincoln Road through "architectural" signage which has an historic precedent.
The signage district was not intended to allow general advertising or create a mirror image of
Times Square in New York City, as Miami Beach has its own unique architectural and urban
fabric. It was envisioned that through the Historic Preservation Board approval process, new
signage would be of a high quality and would re-establish an historical architectural identity.
One of the specific requirements of the signage district was the mandatory rehabilitation and
restoration of the structures where new signage is proposed. This particular requirement has
resulted in the detailed renovation and restoration of three (3) historic structures that fall
within the signage district.
December 8, 2010
Commission Memorandum
Amendment to Lincoln Road Signage District
Page 2 of 2
During the approval process for the signage district in late 2000 and early 2001, property
owners and representatives of property owners on the 200 and 300 block of Lincoln Road
appeared before the Lincoln Road Marketing Council to express their strong support for the
proposed Ordinance. In light of these viewpoints, the Lincoln Road Marketing Council
adopted a Resolution to support the creation of the Lincoln Road Signage District. As part of
this Resolution, the Lincoln Road Marketing Council recommended that the proposed
signage be permitted to wrap those portions of buildings on Collins Avenue and Washington
Avenue which also have frontage on Lincoln Road.
Since the creation of the signage district, the size and quality of the signs that have been
approved, in some ways, have not adequately addressed the signage criteria. In this regard,
some of the signs are slightly out of scale and do not appropriately address the built context
of the immediate streetscape. In order to address these design and appropriateness issues,
and to ensure that future signs are more consistent with the historic signs from the 1940's
and 19501s, revisions to the Lincoln Road Sign District have been drafted.
The proposed ordinance would set specific, quantifiable limits on the overall size of the
signage, as well as place limits on certain types of signage text. Additionally, more
emphasis will be placed on addressing the historic context of the district, as well as the
architectural design of the proposed signs.
On July 19,2010, Planning Department staff attended the VCA Lincoln Road Beautification
Sub-committee Meeting, and presented a summary of the changes in the proposed
ordinance. The VCA was supportive of the changes proposed in the draft ordinance.
On July 26,2010, the Land Use and Development Committee referred the Ordinance to the
Planning Board, with a favorable recommendation.
PLANNING BOARD ACTION
On October 26, 2010, the Planning Board transmitted the subject Ordinance to the City
Commission, subject to minor text modifications, with a favorable recommendation, by a 7-0
vote.
The Administration is confident that the proposed ordinance will address the problems that
have been identified with certain signs recently approved within the sign district, and should
result in future signage that is more in scale and appropriate to the 200 and 300 blocks of
Lincoln Road.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance on first
reading, and set a second reading public hearing for January 19, 201 1.
KbL
JMGIJGGIRGLITRM
T:\AGENDA\2010\December d\Regular\LR Sign District 2010 - MEM.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MlAMl BEACH, BY
AMENDING CHAPTER 138, ENTITLED "SIGNS", BY AMENDING ARTICLE V,
ENTITLED "SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION
138-173 TO MODIFY THE REQUIREMENTS FOR THE LINCOLN ROAD
SIGNAGE DISTRICT; PROVIDING FOR INCLUSION IN THE ClTY CODE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to recall its unique social and
architectural history, as well as further the dynamic character and attraction of Lincoln Road
through the use of signage; and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for approving signage in historic districts; and
WHEREAS, the creation of a Lincoln Road Signage District was for the purpose of
promoting the creation of unique, artistic and well designed graphic signage; and
WHEREAS, the City of Miami Beach Historic Preservation Board is the primary vehicle
for assuring this artistic and design integrity; 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 ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA:
SECTION 1. That Chapter 138, Article V, entitled "Sign Regulations by Districts", of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Section 138-1 73. Lincoln Road Signage District
(a) Purpose. The purpose of this section is to facilitate the substantial restoration of existing
storefronts, facades and buildings, in accordance with the criteria and requirements of article
X of these land development regulations, and to permit well designed, unique and
proportional graphics and signage, which is consistent with the historic period of significance
and which do not detract from the architectural character of the buildings, nor the established
context of the surrounding streetscaoe. Additionallv, this section is not intended to allow
larger signs that do not adequatelv address the architectural and historic character of graphic
signage that previouslv existed on Lincoln Road.
(b) For those properties fronting on Lincoln Road, and located in between the west side of
Collins Avenue and the east side of Washington Avenue, the following shall apply:
(1) Flat wall, projecting or other building signs, which exceed the number and overall square
footage permitted under section 138-172, may be permitted, subject to the issuance of a
Certificate of Appropriateness from the historic preservation board. The
qua&+& placement, design and illumination of such signage shall be
subiect to the review and approval of the historic preservation board, in accordance with the . . following:
nf + I . . I
a. A proportional relationship of text and graphics shall be required. All graphics must relate
to the proposed use of the store for which the sign is proposed.
b. The total square footage of permitted signage, inclusive of non-text graphics, shall not
exceed 35% of the building facade area. For purposes of this section, the building facade
area shall be defined as the area located above the storefront and below the tor, of the
parapet, in between the phvsical confines of a specific tenant space.
c. The text portion of the sian shall be limited to the name of the establishment and related
services(s) onlv. Signage text not associated with the actual use, or incidental signage text,
shall not be permitted.
d. The text portion of the sian(s) shall be limited to no more than one (1) per business
location. For corner pro~erties, the text portion of the sign(s) shall be limited to no more than
one (1) per business location.
e. For those facades facing a residential or hotel use, onlv back-lit signage shall be
permitted.
f. For properties with frontage on both Lincoln Road and Collins Avenue, the onlv signage
permitted on Collins Avenue shall fall within the confines of the corner radius, with a
maximum lineal frontage of 20 feet on Collins Avenue.
(2) In evaluating signage applications for a Certificate of Appropriateness, the historic
preservation board shall consider the following:
a. The quality of materials utilized for the sign and their appropriateness to the architecture
as well as the historic and design integrity of the structure.
b. The overall design, graphics and artistry associated with a proposed sign and its
relationship to the historic and design integrity of the structure.
c. The design detail, animation and non-text graphics proposed for the proposed sign@).
d. The illumination, surface colors and finishes, width, depth, and overall dimensions of the
proposed sign(s).
e. Original, historic signage associated with the building andlor property.
(3) The historic preservation board may, at its discretion, place restrictions on the hours of
operation for any sign approved under this subsection.
(4) Signage must relate to the specific occupant(s) of the property.
(5) Prior to the issuance of a building permit for anv signage approved under this section, the
planning director, or designee, or, if required, tThe historic preservation board-
shall review and approve the substantial rehabilitation or
4Iocation or storefront where new signage under this section
is proposed. Such rehabilitation or restoration shall be substantiallv completed, prior to the
actual installation of any signage approved under this section.
SECTION 2. 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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 day of , 2011.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
Date
First Reading: December 8, 201 0
Second ~eadin~: January 19,201 1
Verified by:
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
12/01/2010
T:\AGENDAPOIO\December 8\Regular\LR Sign District 2010 - ORD 1st.docx
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title: I An ordinance amending the criteria in the City Code for permanent parking space removals. I
Key Intended Outcome Supported: 1 Maintain or Improve Traffic Flow. 1
Supporting Data (Surveys, Environmental Scan, etc.):
1 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. I I Availability of parking was one of the changes residents identified to Make Miami each better to live, work or play. I
Issue:
Should the City Commission approve an ordinance amending the criteria in the City Code for permanent
parking space removals?
Item Summary1Recommendation:
I On September 27, 2010. the LUDC held a discussion regarding strengthening the process by which I
perma;~ent parking spaces may be removed from City inventory, f6 instance by limiting the purpose andlor
requiring Commission approval. Section 106-55 of the City Code regulates parking rates, fees, and
penalties generally, and Section 106-55(h) specifically governs the removal of parking spaces, both
temporarily and permanently. To accommodate construction and other limited needs, the City may
temporarily remove parking meters, at a cost of $100.00 per space ($50.00 for removal and $50.00 for
replacement) plus the applicable daily space rental fees.
It is the policy of the City that permanent parking space removals requests are strongly discouraged.
Section 106-55(h) specifies that the fee for permanent removal of a parking space is the same as the
parking impact fee, or $35,000 per space. The LUDC directed the Administration to proceed with an
amendment to the City Code requiring the removal of a parking space or loading zone to be approved by
the City Commission, with the exception of those spaces removed specifically to create access to a
parking facility. Therefore, it is recommended that Section 106-55(h)(2) be amended to reflect as follows:
Section 106-55(h)(2) Permanent Parking Space Removal: Permanent parking space removal or
loadina zone space removal requests shall only be allowed for the purpose of creatina access to an off-
street parkinq facilitv w. The permanent removal of a parkinq space or loading zone
for any other reason shall require approval from the Citv Commission. The fee for the permanent removal
of a parking space shall be the same rate as the parking impact fee, or $35,000.00 per space, whichever is
greater.
Fiscal Im~act: The City Code requires a payment of $35,000 for the removal of a parking space, which is
equivalent to the parking impact fee's cost per parking space. While the $35,000 payment recuperates the
City's capital cost for replacement of a parking space, all revenues generated, in perpetuity, by the parking
space are foregone. The average revenue per metered parking space is estimated at $2,000, annually.
Therefore, the fiscal impact for the removal of a parking space is estimated at $2,000, annually, in I perpetuity. I
Administration Recommendation: Approve the ordinance on first reading and schedule a second
and final public hearing.
I I
Advisory Board Recommendation:
Financial Information:
I
I Financial Impact Summary: I
Source of
Funds:
I
OBPI
City Clerk's Office Legislative Tracking:
) Saul Frances, ext. 6483
Approved
1
I 2
Total
Amount Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of tip City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: December 8, 2010 FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE ClTY OF
MIAMI BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND VEHICLES,"
ARTICLE II, "METERED PARKING," DIVISION I, "GENERALLY" SECTION 106-
55 (h)(2), "PARKING RATES, FEES, AND PENALTIES," TO AMEND THE
CRITERIA FOR PERMANENT PARKING SPACE REMOVAL, PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and Commission approve the amendment
of the ordinance on first reading and set a second and final public hearing.
ANALYSIS
On September 15, 2010, the Mayor and Commission referred the issue of permanent
parking space removals from City inventory to the Land Use and Development Committee
(LUDC). Subsequently, on September 27, 2010, the LUDC held a discussion regarding
strengthening the process by which permanent parking spaces may be removed from City
inventory, for instance by limiting the purpose and/or requiring Commission approval.
Section 106-55 of the City Code regulates parking rates, fees, and penalties generally, and
Section 106-55(R) specifically governs the removal of parking spaces, both temporarily and
permanently. To accommodate construction and other limited needs, the City may
temporarily remove parking meters, at a cost of $100.00 per space ($50.00 for removal and
$50.00 for replacement) plus the applicable daily space rental fees.
It is the policy of the City that permanent parking space removals requests are strongly
discouraged. Section 106-55(h) specifies that the fee for permanent removal of a parking
space is the same as the parking impact fee, or $35,000 per space. As these requests have
become more numerous, the LUDC directed the Administration to proceed with an
amendment to the City Code requiring the removal of a parking space or loading zone to be
approved by the City Commission, with the exception of those spaces removed specifically
to create access to a parking facility. Therefore, it is recommended that Section 106-
55(h)(2) be amended to reflect as follows:
Section 106-55(h)(2) Permanent Parking Space Removal:
Permanent parking space removal or loadinn zone space removal requests shall onlv be
allowed for the purpose of creating access to an off-street parking facility
ciwwmg&. The permanent removal of a parking space or loadinq zone for anv other
December 8,2010
City Commission Memorandum
Parking Space Permanent Removal Code Amendment
Page 2 of 2
reason shall require approval from the Citv Commission. The fee for the permanent removal
of a parking space shall be the same rate as the parking impact fee, or $35,000.00 per
space, whichever is greater.
Fiscal Impact:
The City Code requires a payment of $35,000 for the removal of a parking space, which is
equivalent to the parking impact fee cost per parking space. While the $35,000 payment
recuperates the City's capital cost for replacement of said parking space, all revenues
generated by the parking space, in perpetuity, are foregone. The average revenue per
metered parking space is estimated at $2,000, annually. Therefore, the fiscal impact for the
removal of a parking space is estimated at $2,000, annually, in perpetuity.
JMGIJGGISF
T:\AGENDAPOI O\De8201 O\Regualr\ParkingSpacePermanentRemovalCodeAmendment.cme.doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MlAMl BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF
MlAMl BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND
VEHICLES," ARTICLE I!, "METERED PARKING," DIVISION 1,
"GENERALLY" SECTION 106-55 (h)(2), "PERMANENT PARKING SPACE
REMOVAL" TO AMEND THE CRITERIA AND PROCEDURE FOR
PERMANENT PARKING SPACE OR LOADING ZONE REMOVAL,
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, on September 15, 2010, the Mayor and Commission referred the issue of
permanent parking space removals from City inventory to the Land Use and Development
Committee (LUDC); and
WHEREAS, on September 27,2010, the LUDC held a discussion regarding strengthening
the process by which permanent parking spaces may be removed from City inventory, for instance
by limiting the purpose and/or requiring Commission approval; and
WHEREAS, Section 106-55 of the City Code regulates parking rates, fees, and penalties
generally, and Section 106-55(h) specifically governs the removal of parking spaces, both
temporarily and permanently; and
WHEREAS, while it is the policy of the City that permanent parking space removals requests
are strongly discouraged, requests for permanent removal have become more numerous; and
WHEREAS, the LUDC directed the Administration to proceed with an amendment to the City
Code requiring the removal of a parking space or loading zone to be approved by the City
Commission, with the exception of those spaces removed specifically to create access to a parking
facility; and
WHEREAS, on October 27, 2010, the full City Commission ratified this directive from the
LUDC through approval of the LUDC Committee report on the Consent Agenda.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION I. Chapter 106, "Traffic and Vehicles," Article Ill "Metered Parking," Division 1,
"Generally," Section 106-55, "Parking Rate Fees, and Penalties," Subsection (h)(2), "Permanent
Parking Space RemovalJ' of the Code of the City of Miami Beach, Florida, is hereby amended, as
follows:
Chapter 106. Traffic and Vehicles
Set. 106-55. Parking rates, fees, and penalties.
(h) Permanent Parking Space or Loadinn Zone Removal:
(2) Permanent parking space removal or loading zone space removal requests shall only
be allowed for the purpose of creatina access to an off-street parkina facility w
-. The permanent removal of a parking space or loading zone for
any other reason shall require approval from the Citv Commission. The fee for the
permanent removal of a parking space shall be the same rate as the parking impact
fee, or $35,000.00 per space, whichever is greater.
SECTION 2. 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 "sectionJ', "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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 (1 0) days following adoption.
PASSED AND ADOPTED this day of ,2010.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
APPROVED AS TO
Underscore denotes new language
denotes deleted language
1 1/23/20 1 0
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving A Contract
Award, Pursuant To lnvitation To Bid No. 2-0911 0, For The Construction Of The Right-of-way lnfrastructure
Improvement Program - Neighborhood No. 8B, Bayshore, Lower North Bay Road Project; Authorizing The
Mayor And City Clerk To Execute An Agreement With Trans Florida Development Corporation, In The
Amount Of $4,055,222.92, For The Construction Of The Project, Plus Approve A Project Contingency In The
Amount Of $405,522.29, For A Grand Total Not To Exceed $4,460,745.21; Including $1,399,596.62 From
Funds Previously Appropriated In The Capital Budget; Appropriating $3,061,148.59 From Fund 429
Stormwater Projects Line Of Credit, With Such Funds To Be Repaid From Proposed Future Storm Water
Bonds; And Further Authorizing The Administration To Engage In Value Engineering To Further ReduceThe
Cost And Time For Completion Of Said Project.
Key Intended Outcome Supported:
Ensure well maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that
42.5% of Mid-Beach residents rated storm drainage as excellent or good. Completing this Project will add to
the needed upgrades in this area and improve overall rating.
Issue:
( Shall the City Commission approve the award of the Contract? 1
Item SummarylRecommendation:
I On November 25,2009, lnvitation to Bid No. 2-09/10 was issued, with a bid opening date of February 8,2010. 1
Due to permitting issues, the bid opening was postponed to November 9, 201 0. he Bid process resulted in
the receipt of four (4) responsive bids.
On November 18,201 0, the Technical Review Panel (TRP) and a representative from CH2MHil1, the Engineer
of Record, convened to evaluate the bids submitted and a 20 minute interview of the contractor's key
personnel was conducted. The TRP unanimously recommended Trans Florida Development Corp. as the
lowest and best responsive bidder.
Trans Florida's team brings many years of experience in infrastructure construction, project management and
design to successfully complete the project within budget and schedule. They are currently working on the
South Point Phases Ill, IV, and V Right-of-way lnfrastructure Project and recently won the Star Island Right-
of-Way lnfrastructure Project which is scheduled to start at the beginning of 201 I.
1 APPROVE THE AWARD OF CONTRACT. I
Advisory Board Recommendation: 1 NIA
Financial Information: r I
Source of
Funds:
~:\~~~~~~alO\December 8\Regular\lTB 2-09-10 Bayshore 8b SUMMARY.doc
i
OBPl
1
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Gus Lopez Ext. 6641 -
2
3
4
5
Total
Amount
$336,620.00
Account
2003 G.O. Bond Neighbohood -384-2326
$835,147.00
$1 94,167.62
$ 33,662.00
$3,061,148.59
$4,460,745.21
2001s Water & Sewer Bonds -424-2326
2006 Gulf Breeze- 423-2326
Pay-As-You-Go - 302-2326
Stormwater Line of Credit - 429-2326
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
/'
FROM: Jorge M. Gonzalez, City Manager -775
DATE: December 8,2010
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT
TO INVITATION TO BID NO. 2-09/10, FOR THE CONSTRUCTION OF THE
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM -
NEIGHBORHOOD NO. 88, BAYSHORE, LOWER NORTH BAY ROAD
PROJECT; AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN
AGREEMENT WlTH TRANS FLORIDA DEVELOPMENT CORPORATION, IN
THE AMOUNT OF $ 4,055,222.92, FOR THE CONSTRUCTION OF THE
PROJECT, PLUS APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $405,522.29, FOR A GRAND TOTAL NOT TO EXCEED $4,460,745.21;
INCLUDING $1,399,596.62 FROM FUNDS PREVIOUSLY APPROPRIATED IN
THE CAPITAL BUDGET; APPROPRIATING $3,061,148.59 FROM FUND 429
STORMWATER PROJECTS LINE OF CREDIT, WlTH SUCH FUNDS TO BE
REPAID FROM PROPOSED FUTURE STORMWATER BONDS; AND
FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE
ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR
COMPLETION OF SAID PROJECT.
ADMINISTRATION RECOMMENDATION
Approve the award of contract.
KEY INTENDED OUTCOME
Ensure value and the timely delivery of a quality capital project.
FUNDING
Funding in the amount of $1,399,596.62 has been previously appropriated in the Capital
Budget and funding in the amount of $3,061,148.59 to be appropriated, as follows:
Construction:
$ 336,620.00 2003 G.O. Bond Neighborhood account # 384-2326-069357
$ 835,147.00 2001 Series Water & Sewer account # 424-2326-069357
$ 100,593.56 Gulf Breeze 2006 account # 423-2326-069357
$2,782,862.36 Stormwater Project line of Credit account # 429-2326-069357*
$4,055,222.92 *To be appropriated and repaid from proposed future Stormwater
bonds
Contingency:
$ 33,662.00 Pay- As-You-Go account # 302-2326-000356
$ 93,574.06 Gulf Breeze 2006 account # 423-2326-000356
$ 278,286.23 Stormwater Project line of Credit account # 429-2326-000356*
$ 405,522.29 *To be appropriated and repaid from proposed future Stormwater
bonds
$ 4,460,745.21 Grand Total
City Commission Memorandum - Bayshore 8B: Lower North Bay Road ROW Improvements Project
Contract Award Memo
December 8,2010
Page 2 of 5
The current contracted scope of services with the Engineer-of-Record only includes limited
construction administration services. Please note that future Commission action will be
required for construction administration and resident project representation services for this
project. The Administration intends to finalize negotiations with the engineering firm and
bring these items to the City Commission at a future date.
ANALYSIS
On April 9, 2003, the City Commission approved the Basis of Design Report (BODR),
completed and submitted by CH2MHill for the Neighborhood No. 8 Bayshore1 Sunset Islands
Project. This BODR was the culmination of a comprehensive planning effort that included
input from and reviews by residents, various City Departments, and the Design Review
Board (DRB).
The Project limits in general are bounded by Sunset Drive, Alton Road, Biscayne Bay and
Sunset Lake. For a graphical representation of the Project limits, reference Exhibit A. The
proposed work activities are anticipated along the following:
North Bay Road, between Sunset Drive and Alton Road.
North Michigan Avenue, between North Bay Road and Dade Boulevard.
21'' Street, between North Bay Road and Alton Road.
23rd Street, between Sunset Lake and Alton Road.
27th Street, between North Bay Road and Alton Road.
2gth Street, between the Sunset Lake Bridge and Alton Road.
The Project Scope of Work includes improvements to the storm water collection and
disposal system, including construction of four (4) pressurized wells, and two (2) storm water
pump stations, improvements to the water distribution system, demolition, site preparation,
earthwork, roadway reconstruction, roadway milling and resurfacing, sidewalk replacement,
and signage and pavement markings.
BID PROCESS
Invitation to Bid No. 2-0911 0 was issued on November 25,2009, with a bid opening date of
February 8, 201 0. A Pre-Bid Conference was held on December 15, 2009. Since the City
was experiencing some difficulty acquiring the necessary permits to continue with the project
due to regulatory agencies taking a stricter approachlinterpretation of the anti-degradation
policy of Biscayne Bay, the bid opening was postponed until the permit issue could be
resolved.
Addendum No. 6 was issued on October 18,2010 to reopen the bid process. The deadline
for the receipt of bids was scheduled for November 9,201 0. A second pre-bid meeting was
held on October 25, 2010. A total of ten (10) addenda were issued to provide additional
information and to respond to all questions submitted by the prospective bidders.
Bidsync and Bidnet issued bid notices to 2,719 and 223 prospective bidders, respectively.
The notices resulted in the receipt of four (4) bids from the following companies:
Lanzo Construction Co. of Florida
Metro Equipment Service, Inc.
Southeastern Engineering Contractors, Inc.
Trans Florida Development Corp.
The following Table I provides the bid tabulation results of the total amount bid for all four
(4) responses to ITB No. 2-09/10:
City Commission Memorandum - Bayshore 86: Lower North Bay Road ROW Improvements Project
Contract Award Memo
December 8,2010
Page 3 of 5
Table I
[ Metro Equipment Service, Inc. $5,291,477.37 1
Company Name
Trans Florida Development Corp.
Southeastern Engineering Contractors, Inc.
Lanzo Construction of Florida
Please reference "Attachment A" for a more detailed bid tabulation summary for ITB 2-0911 0.
Tntal Amount Bid
$4,055,222.92
$4,598,040.84
$5,024,140.00
Allowances in the Project pricing included Indemnification in the amount of $25.00; a Permit
Fee Allowance, in the amount of $35,000.00, that may be incurred by the contractor by the
various agencies having jurisdiction over the project; and a $1 90,000.00 allowance for cost
that maybe incurred by the contractor to repair or replace the existing outfalls if they are
determined to be in poor condition for a total amount of $225,025.00.
The bid contained Deduct Alternates to be selected at the discretion of the City. The
Alternates do not change the status of the bid results.
On November 18,201 0, the Technical Review Panel (TRP), as well as support staff from the
Design Engineer of Record (EOR), CH2MHiI1, convened to review, evaluate and rank the
bids submitted for the Bayshore - Lower North Bay Road Infrastructure Improvement
Project, Neighborhood 8B, and to conduct a 20 minute interview of the contractors' key
personnel. The Technical Review Panel consisted of the following individuals:
Janette Fernandez Arencibia, P.E., Capital Projects Coordinator, CIP Office
Roberto Rodriguez, Capital Projects Coordinator, CIP Office
Aaron Sinnes, Senior Capital Projects Coordinator, CIP Office
Millie McFadden, Parks Superintendant, Greenspace Management
Ricardo Guzman, Senior Planner, Planning Department
Walt Schwarz, CH2MHil1, Non-voting Technical Support
Charles Fossler, CIP Office, Non-voting Technical Support
Prior to the meeting, the TRP voting members were provided with the proposals submitted
by each bidder, the performance evaluation surveys prepared by previous clients of the
bidders, the risk assessment value added summary and the resumes of each firm's team
proposed to be assigned to the Project.
The TRP based its recommendation on the following evaluation criteria:
1. Base Bid Price 50 points
2. Qualifications of bidder 20 points
3. Past Performance 10 points
4. Risk Assessment PlanNalue Added Submittal 10 points
5. Presentation and Interview of Bidder's Key Personnel 20 points
Total I 10 points
It was discussed by the TRP before the interviews the importance of the successful bidder
understanding the dewatering effort required, staging limitations, protection of
encroachments, 2gth Street being the only access to Sunset Islands I and II, Public
Information Officer component, volume of work, and ability to deal with permitting agencies.
City Commission Memorandum - Bayshore 86: Lower North Bay Road ROW Improvements Project
Contract Award Memo
December 8,2010
Page 4 of 5
The Panel scored the bidders as follows:
Table 2
ITB 2-09/10 - Neighborhood 8B: Bayshore - Lower North Bay Road
Lanzo Construction
Metro Equipment
Southeastern Engineering
Trans Florida Development 106 1 102 1 103 1 108 1 106 1
Note: maximum based on ITB criteria is 110 points.
At the conclusion of the interviews, the TRP unanimously recommended Trans Florida
Development Corp. as the lowest and best bidder. Trans Florida identified the areas
discussed by the panel, such as the understanding of the dewatering component, and the
importance of 2gth Street intersection, as key elements to the success of the project.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and recommends to the Mayor and City Commission the award of a
contract to Trans Florida Development Corp. If award is approved, the City will engage in
value engineering to identify potential cost savings.
Trans Florida Development Corp.
Trans Florida Development is a state-certified Underground Utility and Excavation
Contractor for 13 years. Trans Florida Development has been directly involved in land
development for residential and commercial projects, as well as municipal, County and State
Government, such as roadways, bridges, street lighting, storm water drainage systems,
water distribution systems, sanitary sewer systems and sewage lift stations.
Trans Florida has recently completed the sanitary sewer and water distribution project in Key
Biscayne, which included the replacement of 23,000 If of water main, which was installed
utilizing trench dewatering, and over 27,000 If of sanitary sewer with a lift station and force
main; the project included also restoration of neighborhood streets, swales, roundabouts,
sidewalks and driveways. The contract amount was $9.5 million. A description of other
representative projects is attached ("Attachment 8").
Trans Florida's team brings many years of experience in infrastructure construction, project
management and design to address any situation on this project. Dennis D. Maddox, P.E.,
Vice President and Senior Project Manager, worked at Miami-Dade Water and Sewer from
1991 to 1999, becoming the Chief of the Construction Management Division in 1995. Mr.
Gilbert A. Caamano is the Project Manager with over 25 years of engineering design
background in infrastructure projects. Martin Moraga, the Project Superintendent, has 14
years of experience as working with Trans Florida. He was directly involved in the recently
completed Key Biscayne project.
City Commission Memorandum - Bayshore 88: Lower North Bay Road ROW Improvements Project
Contract Award Memo
December 8,2010
Page 5 of 5
Excellent references were received from Trans Florida's clients, which include, the Village of
Key Biscayne's Village Manager and Public Works Director (see "Attachment C"), Florida
Department of Transportation, Century Homebuilders, and D.R. Horton Inc.
It should be noted that the City's regular process of considering the price for projects and its
standard process for bidding construction projects has resulted in a price that is reflective of
the current market. At present, it appears that the market is very competitive and that the
City may continue to receive bids that are lower than those received in the past year or so.
The public procurement process, which is an open and competitive, transparent process,
has again served the City to provide the lowest and best bidder for this project, as it has in
the past, with a proposed project cost which is approximately $1,345,000, lower than the
construction budget.
CONCLUSION:
The Administration recommends award of a contract to Trans Florida Development
Corporation pursuant to Invitation to Bid No. 02-09/10, for the construction of the City of
Miami Beach Right-of-way Infrastructure Improvement Program, Neighborhood No. 8B,
Bayshore, Lower North Bay Road Project, in the amount of $4,055,222.92, plus approve a
project contingency in the amount of $405,522.29, for a grand total not to exceed
$4,460,745.21. Funding in the amount of $1,399,596.62 was previously appropriated in the
Capital Budget, and appropriate $3,061,148.59 from Fund 429 Stormwater Projects Line of
Credit, with such funds to be repaid from proposed future Stormwater Bonds. And further
authorize the Administration to engage in value engineering to further reduce the cost and
time for completion of said project.
ATTACHMENTS:
A Bid Tabulation
B Representative Projects
C Letter from Village of Key Biscayne
EXHIBIT:
A Project Limits
T:WGENDA\201O\December 8\Regular\lTB 2-09-10 Bayshore 8B MEMO.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND ClTY CLERK TO EXECUTE A CONTRACT, PURSUANT TO INVITATION
TO BID NO. 2-09/10, FOR THE CONSTRUCTION OF THE RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENT PROGRAM - NEIGHBORHOOD NO. 8B,
BAYSHORE, LOWER NORTH BAY ROAD PROJECT, WlTH TRANS FLORIDA
DEVELOPMENT CORPORATION, IN THE AMOUNT OF $4,055,222.92, PLUS
A PROJECT CONTINGENCY, IN THE AMOUNT OF $405,522.29, FOR A
GRAND TOTAL NOT TO EXCEED $4,460,745.21; INCLUDING $1,399,596.62
FROM FUNDS PREVIOUSLY APPROPRIATED IN THE CAPITAL BUDGET;
AND APPROPRIATING $3,061,148.59 FROM FUND 429 STORMWATER
PROJECTS LINE OF CREDIT, WlTH SUCH FUNDS TO BE REPAID FROM
PROPOSED FUTURE STORM WATER BONDS; AND FURTHER
AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE
ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR
COMPLETION OF SAID PROJECT.
WHEREAS, Invitation to Bid (ITB) No. 2-09/10 was issued on November 25, 2009, with an
opening date of February 8, 201 0.; and
WHEREAS, the bid opening was postponed to November 9, 2010 due to permitting issues;
and
WHEREAS, Bidsync and Bidnet issued bid notices to 2,942 prospective bidders, which
resulted in the receipt of four bids; and
WHEREAS, the City Manager appointed a Technical Review Panel (TRP), which
consisted of the following individuals:
Janette Fernandez Arencibia, P.E., Capital Projects Coordinator, CIP Office
Roberto Rodriguez, Capital Projects Coordinator, CIP Office
Aaron Sinnes, Senior Capital Projects Coordinator, CIP Office
Millie McFadden, Parks Superintendant, Greenspace Management
Ricardo Guzman, Senior Planner, Planning Department
Walt Schwarz, CH2MHiI1, Non-voting Technical Support
Charles Fossler, CIP Office, Non-voting Technical Support; and
WHEREAS, on November 18, 2010, the TRP convened to evaluate the bids, and interview
the bidders key personnel; and
WHEREAS, at the conclusion of the interviews, the TRP unanimously recommended Trans
Florida Development Corp, as the lowest and best bidder; and
WHEREAS, funding in the amount of $1,399,596.62 has been previously appropriated in
the Capital Budget as follows: $336,620.00 from 2003 G.O. Bond Neighborhood Account # 384-
2326-069357; $835,147.00 from 2001 Series Water & Sewer Account # 424-2326-069357;
$100,593.56 from Gulf Breeze 2006 Account # 423-2326-069357; $33,662.00 from Pay- As-You-
Go Account # 302-2326-000356; and $93,574.06 from Gulf Breeze 2006 Account # 423-2326-
000356; and
WHEREAS, funding in the amount of $3,061,148.59 needs to be appropriated from Fund
429 Stormwater Projects Line of Credit, with such funds to be repaid from proposed future
Stormwater Bonds; and
WHEREAS, after considering the recommendation of City staff, the City Manager exercised
his due diligence and concurs with the recommendation of the TRP.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and City Clerk to execute a contract, pursuant to Invitation to Bid No. 2-
09/10, for the construction of the Right-of-way Infrastructure Improvement Program -
Neighborhood No. 89, Bayshore, Lower North Bay Road Project, with Trans Florida Development
Corporation, in the amount of $ 4,055,222.92, plus a project contingency, in the amount of
$405,522.29, for a grand total not to exceed $4,460,745.21; including $1,399,596.62 from funds
previously appropriated in the Capital Budget; and appropriating $3,061,148.59 from Fund 429
Stormwater Projects Line of Credit, with such funds to be repaid from proposed future Stormwater
Bonds; and further authorizing the Administration to engage in value engineering to further reduce
the cost and time for completion of said project.
PASSED AND ADOPTED THIS DAY OF 201 0.
ATTEST:
ClTY CLERK MAYOR
T:WGENDA\201O\December 8\Regular\lTB 2-09-10 Bayshore 8B RESO.doc
Attachment A
BID TABULATION - ITB 2-09/10
General Conditions
Water and Sewer
Stormwater
Pavement and Streescape
Allowances
Grand Total Base Bid
Deductive Alternante 5.01
Deductive Alternate 5.02
Deductive Alternate 5.03
Deductive Alternante 5.04
Total Deductive Alternates
Trans Florida
Development
$383,566.35
$695,869.60
$1,838,392.95
$912,369.02
$225,025.00
$4,055,222.92
$22,689.45
$145,348.80
$40,650.12
$2,612.94
$21 1,301.31
COMPANY
Southeastern
Engineering
$378,780.60
$1,109,572.40
$1,748,003.70
$1,136,659.14
$225,025.00
$4,598,040.84
$44,452.80
$31 6,960.00
$146,537.40
$1 1,166.60
$51 9,116.80
NAME
Lanzo
Construction
$378,054.00
$923,509.00
$2,120,41d .OO
$1,377,141 .OO
$225,025.00
$5,024,140.00
$20,890.1 7
$94,918.20
$6,010.92
$93.24
$1 21,912.53
Metro
Equipment
Service
$660,000.00
$1,099,295.52
$2,244,138.70
$1,063,018.15
$225,025.00
$5,291,477.37
$8,387.82
$77,428.80
$3,396.00
$222.00
$89,434.62
BISCAYNE BAY
MIAMI BEACH
GULF CLUB
ATTACHMENT B -
TRANS
BAYSHORE 8B: LOWER NORTH BAY ROAD
FLORIDA DEVELOPMENT CORP.
General Engineering Contractor
CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE:
LOWER NORTH BAY ROAD
Representative Projects
Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project
Manager, Angel Farinas was the Superintendent
Project Location: SW 127 Ave and SW 21 6 St
Project Description: Miami-Dade Water and Sewer Project. Furnish & Install 10,800 lf of 36"& 24" DIP
water main, sub-aqueous crossing of both mains across SFWMD C-1 1 canal and connect to existing water
treatment plant. Complete trench restoration, roadway milling and resurficing and final pavement
markings.
Owner Contact: Miami-Dade Water & Sewer
Project Award Amount $3,885,306.83 Final Contract Amount $ Not determined at this time
Project Status: Completed May 201 0
13960 S.W. 144 Ave. Rd., Miami, FL 33 186 - Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003
235
ATTACHMENT B - BAYSHORE 8B: LOWER NORTH BAY ROAD
I -.
ji~
TRANS FLORIDA DEVELOPMENT CORP.
General Engineering Contractor
I
CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE:
LOWER NORTH BAY ROAD
Representative Projects
FDOT Contract T-6192
Trans Florida Development was the General Engineering Contractor, Rolando Encinosa is the Project
Manager, and Rolando Gonzalez is the Superintendent
Project Location: US 11 SR 5 £iom SW 288 St & SW 266 St
I Project Description: Joint Participatation Project between Miami-Dade Water & Sewer and the Florida
I Department of Transportation. The project is a 2 mile reconstruction of US 1 and the construction of a new
1 24" water main on US 1 with cross connections at major intersections along the route.
Owner Contact: Miami-Dade Water & Sewer, FDOT, CEI Engineer, Arturo Perez, P.E., P.S.M.
Pinnacle Consulting Enterprises, Inc.
Project Award Amount $ 10,830,721.23 Final Contract Amount $ unknown
Project Status: Under construction, 75 % completed, Scheduled for completion December 201 1
'J
13960 S.W. 144 Ave. Rd., Miami, FL 33186 - Phone (305)378-2323 -Fax (305)378-6161 C.C # E982003
236
ATTACHMENT B - BAYSHORE 8B: LOWER NORTH BAY ROAD
TRANS FLORIDA DEVELOPMENT COW.
General Engmeering Contractor
CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE:
LOWER NORTH BAY ROAD
Representative Projects
FDOT Contract T-6174
Trans Florida Development was the General Engineering Contractor, Rolando Encinosa is the Project
Manager, and Rolando Gonzalez is the Superintendent
Project Location: Perimeter Road from NW 72 Ave to NW 57 Ave
Project Description: Florida Department of Transportation Project. 1.5 mile reconstruction of Perimeter
,, - ) Road fiom a two lane roadway to a four lane divided highway with drainage, curb and gutters, Culvert
crossing and tie in to existing rail road.
Owner Contact: DOT, CEI Engineer, Jose Gonzalez, P.E. CIMA Engineering PO Box 557397
Miami, Florida 33255
T. (305)835-0262/(954)435-5882
F. (305)397-1987/(954)337-0301
Project Award Amount $4,8 83,285.28 Final Contract Amount $ unknown
Project Status: Completed April 2010
, 8 .. ,
13960 S.W. 144 Ave. Rd., Miami, FL 33186 - Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003
237
ATTACHMENT B - BAYSHORE 86: LOWER NORTH BAY ROAD
TRANS FLORIDA DEVELOPMENT COW.
General Engineering Contractor
I
CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE:
LOWER NORTH BAY ROAD
Representative Projects
Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project
Manager, Angel Farinas was the Superintendent
Project Location: SW 18 Rd and SW 2 Ave to SW 11 St and SW 4 Ave
Project Description: Miami-Dade Water and Sewer Project. Furnish & Install 1800 If of l6"& 12" DIP
,, sewer, manholes, cross connect to existing sewer system. Complete trench restoration, roadway milling and ' resurfacing and final pavement markings.
Owner Contact: Miami-Dade Water & Sewer
Project Award Amount $ 1,337,557.07 Final Contract Amount $ 1,363,077.07
Project Status: Completed October 2009
13960 S.W. 144 Ave. Rd., Miami, FL 33 186 - Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003
238
ATTACHMENT B - BAYSHORE 8B: LOWER NORTH BAY ROAD
r -.
3 !
TRANS FLORIDA DEVELOPMENT CORP.
General Engineering Contractor
CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE:
LOWER NORTH BAY ROAD
Representative Projects
Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project
Manager, Angel Farinas was the Superintendent
Project Location: SW 87 Ave from SW 132 ST to SW 120 St
Project Description: Miami-Dade Water and Sewer Project. Furnish & Install 4300 If of 16", 12", lo", 8",
, and 6" force main, cross connect existing force mains as well as private lift station connections to new
- force main. Complete trench restoration, roadway milling and resurfacing and final pavement markings.
Owner Contact: Miami-Dade Water & Sewer
Project Award Amount $ 1,583,188.36, Final Contract Amount $ 1,63 1,488.36
Project Status: Completed November 2009
I
13960 S.W. 144 Ave. Rd., Miami, FL 33 186 -Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003
239
ATTACHMENT B - BAYSHORE 88: LOWER NORTH BAY ROAD
TRANS FLORIDA DEVELOPMENT COW.
General Engineering Contractor
CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORJ3OOD NO. 8B BAYSHORE:
LOWER NORTH BAY ROAD
Representative Projects
andm mark At Doral
Trans Florida Development was the General Engineering Contractor, Gilbert A. Caamano was the Project
Manager, Angel Farinas was the Superintendent
Project Location: NW 107 Ave and NW 66 Street, Doral Florida
Project Description: Multi Family and Commercial development with New construction of 7585 R of 8"
\
water ma& 13,779 if of 12" water mh~, 10653 lf ofnew 8" Sanitary Sewer, 745 lf of 8" sanitary sewer
- force main, 1 new sanitary sewer pump station installed, 7534 lf of 15" exfiltration trench, 3201 If of 24"
exfiltration trench, 1357 If of 15" solid HDPE drainage pipe, 140,850 sy of asphalt pavement, swales,
roundabouts, sidewalks and driveways. .
Owner Contact: Juan Alvarez, P.E. CDD Engineer. 10560 NW 27 Street, Suite 102, Miami, Florida 33 172
Tel. 305-640-1345, Fax 305-640-1 346
Project Award Amount $28,434,006.06, Final Contract Amount $ 3 1,042,350.00
Project Status: 90% completed January 2010 went into receivership by CDD Bond Holders / Sales
Negotiations to Lennar Homes
13960 S.W. 144 Ave. Rd., Miami, FL 33186 -Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003
ATTACHMENT B - BAYSHORE 8B: LOWER NORTH BAY ROAD
' l, TRANS FLORIDA DEVELOPMENT CORP.
General Engineering Contractor
CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE:
LOWER NORTH BAY ROAD
Representative Projects
Village of Key Biscayne Zone 213
Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project
Manager, Angel Farinas was the Superintendent
Project Location: Portion of Key Biscayne from W. Mashta Dr. on the south, Harbor Dr and Warren Lane
on the west, W. Heather Dr. on the north and Fernwood Rd and Crandon Boulevard on the east.
\. Project Description: Replacement of 20,850 ft of 8" water main, 2438 If of 12" water main, 22,489 If of / new 8" Sanitary Sewer, 2610 lf of 10" sanitary sewer and 1941 If of 12" sanitary sewer, 800 lf of 8"
sanitary sewer force main, 1 new sanitary sewer pump station installed, complete restoration of
neighborhood streets, swales, roundabouts, sidewalks and driveways.
Owner Contact: Armando Nunez, Public Works Director. 88 West MacIntyre Street, Key Biscayne, F1.
33 149. TEL: (305) 365-8945, FAX: (305) 365-7757
Project Award Amount $ 9,392,909.00, Final Contract Amount $ 9,517,555.54
Project Status: Completed'August 201 0
13960 S.W. 144 Ave. Rd., Miami, FL 33186 -Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003
ATTACHMENT B - BAYSHORE 88: LOWER NORTH BAY ROAD
TRANS FLORIDA DEVELOPMENT CORP.
General Engineering Contractor
CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE:
LOWER NORTH BAY ROAD
Representative Projects
Islands at Doral I11
Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project
Manager, Angel Farinas was the Superintendent
Project Location: NW 112 Ave and NW 86 Street, Doral Florida
Project Description: New construction of 43,965 ft of 8" water main, 4304 If of 12" water main, 32,362 If
,, of new 8" Sanitary Sewer, 1050 If of 8" sanitary sewer force main, 2630 If of 12" sanitary sewer force
i main, 2 new sanitary sewer pump station installed, 13,428 If of 18" exfiltration trench, 26,604 lf of 18"
solid HDPE drainage pipe, 148,737 sy of asphalt pavement, swales, roundabouts, sidewalks and driveways.
Owner Contact: Juan Alvarez, P.E. CDD Engineer. 10560 NW 27 Street, Suite 102, Miami, Florida 33 172
Tel. 305-640-1 345, Fax 305-640-1 346
Project Award Amount $29,403,538.00, Final Contract Amount $ 30,173,729.47
Project Status: Completed September 2007
13960 S.W. 144 Ave. Rd., Miami, FL 33 186 - Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003
242
ATTACHMENT C - BAYSHORE 8B: LOWER NORTH BAY ROAD
Eke Council
Robert L. Vernon, Mayor
Enrique Garcia, Vce Mayor
Michael W. Davey March 31,2010
Robert Gusman
Michael E. Kelly
Jorge E. ~endia
Thomas Thomton Mr. Aquilino Melo
President
Irikzge Manager Trans Florida Development Corp.
Genaro "Chip" Iglesias i 3SQO Skh4 I* kiisrioe P\d.
Miami, Florida 33 186
Dear Mr. Melo,
I would like to express my appreciation for the work that Trans Florida has performed at
the Village of Key Biscayne during the Water and Sewer project. The replacement pf all the
water mains and converting over 700 homes from septic to sewer in a barrier island setting
is an incredible task. Trans Florida provided a very aggressive pricing proposal that has been
backed up by quality work. The conditions that the work crews faced were very difficult
along with working along narrow streets. The professionalism exhibited by the entire team
was very much appreciated, as well as, the willingness to adapt to unforeseen situations.
Your company went above and beyond when the Village of Key Biscayne needed your
assistance and you even offered your resources to assist with certain issues we faced that
were unrelated to the project. In essence, you practiced good corporate citizenship.
This has been a very difficult project for all due to the disruption a project of this magnitude
creates and I am certainly looking fonvard to closure. I wanted to take this opportunity say
' "Thank you" for delivering a quality project and for the worlc of all the employees assigned
to this project.
88 West McIntyre Street Suite 2 10 Key Biscayne, Florida 33 149 (305) 365-5 500 Fax (305) 365-8936
MISSION STATEMENT: WK) PROVIDE A SAFE, QUALITY COhfhlUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GO-."
www.keybiscayne.fl.gov
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the City Manager to execute an agreement with the artist Tobias Rehberger in an amount not to exceed
$500,000 for a public art commission for the Art in Public Places sculpture entitled "Lighthouse" (working title), to be sited in South
"ointe Park and appropriate $500,000 from Fund 147 -Art in Public Places.
Key Intended Outcome Supported: I Increase community rating of cultural activities. I
Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Community Satisfaction Survey shows that 73.3 % of residents and 58.7 % of businesses feel the City has the "right
amount" of cultural events available.
Issue: I Shall the City of Miami Beach approve the selection of a public art commission for South Pointe Park?
Item SummarylRecommendation:
In the fall of 2005, with direction from the City Administration, the Art in Public Places (AiPP) Committee embarked on
commissioning an internationally recognized artist that would create an original work of art, in conjunction with the re-design and
renovation of South Pointe Park. The objective was to commission work that would be monumental in scale, within the project
budget of $500,000.
On February 23, 2006, the AiPP committee voted in favor of awarding the South Pointe Park public art commission to lfiigo
Manglano-Ovalle for the proposed work of art entitled "Drift." The City Commission subsequently approved (the selection) at their
April 1 1,2006, Commission Meeting. Following multiple discussions and meetings with the Capital Improvements Office, the Legal
Department and the Artist over the course of two years and failing to reach agreement on terms and a revised budget, on September
24,2008 the City unanimously passed a motion accepting the recommendation from the AiPP that the City no longer move forward
with "Drift" in South Pointe Park and issue a new call for Artists.
The AiPP committee met on a monthly basis from July to December 2008 and discussed possible artists for South Pointe Park. The
public projects of forty-five (45) artists were reviewed. On September 15, 2009, AiPP met and unanimously agreed to request
proposals from the following four artists; Jim Drain, Mark Handforth, Tobias Rehberger and Gary Webb; the four artists made
presentations to the AiPP. On March 26,2010, the Committee reviewed and discussed the presentations and unanimously agreed
to request fully realized proposals from Mark Handforth, Tobias Rehberger and Gary Webb. On July 6,201 0, the AiPP Committee
discussed the proposals from Tobias Rehberger and Gary Webb and unanimously voted in favor of recommending Mr. Rehberger's
project "Lighthouse" (working title).
On October 5, 2010, the Neighborhoods and Community Affairs Committee passed a motion accepting the Art in Public Places
Committee's recommendation and requested a briefing in more detail regarding the project and the artist
The project was reviewed by the Design Review Board (DRB) on November 2,2010 and was unanimously approved. As required
by the City Code, a second public hearing before the DRB is required and is scheduled for December 7, 2010. At the time of the
printing of this agenda, the outcome of the meeting is not known.
Advisory Board Recommendation:
Art in Public Places; Neighborhoods/Community Affairs Committee; and Design Review Board have recommended in favor of the
selected public art project on July 6, 2010 and Oct. 5, 2010 respectively.
Financial Information:
Approved Source of
Funds: 9s OBPl
Financial Impact Summary:
1
Total
Amount
$500,000
Account
Fund 147 - Art in Public Places
MIAMIBEACH -
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Mattie Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 8, 201 0
SUBJECT: A RESOLUTION OF THE MAY MMlSSlON OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE SELECTION OF A PUBLIC ART COMMISSION
FOR SOUTH POINTE PARK, ENTITLED "LIGHTHOUSE" (WORKING TITLE), AS
APPROVED BY THE ART IN PUBLIC PLACES COMMITTEE; NEIGHBORHOODS1
COMMUNITY AFFAIRS COMMITTEE; AND DESIGN REVIEW BOARD; FURTHER
APPROVING AND AUTHORIZING THE ClTY MANAGER TO EXECUTE A CONTRACT
WITH THE ARTIST, TOBIAS REHBEGER, AND APPROPRIATING FUNDS, IN AMOUNT
NOT TO EXCEED $500,000, FOR DESIGN, CREATION, AND INSTALLATION OF
AFORESTATED WORK OF ART ; FROM FUND 147 -ART IN PUBLIC PLACES.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
In the fall of 2005, with direction from the City Administration, the Art in Public Places (AiPP)
Committee embarked on commissioning an internationally recognized artist that would create an
original work of art, in conjunction with the re-design and renovation of South Pointe Park. The
objective was to commission work that would be monumental in scale, within the project budget of
$500,000. On November 4, 2005, the AiPP Committee met and shortlisted seven artists.
Subsequently, George Hargreaves, Hargreaves Associates (the City's Architecture and Engineering
consultant for the South Pointe Park Project), explained to the AiPP Committee his vision for the
Park, and recommended artists from the shortlist he felt were best suited for the project.
On February 23, 2006, the committee voted in favor of awarding the South Pointe Park public art
commission to Ifiigo Manglano-Ovalle for the proposed work of art entitled "Drift." The "Drift" was a
large-scale sculpture proposed for the West Palm Lawn at South Point Park and was a reproduction
of an artic iceberg based on scientific data of an actual phenomenon, sculpted in white marble with
steel interior structure. The City Commission subsequently approved (the selection) at their April 1 1,
2006, Commission Meeting. Following multiple discussions and meetings with the Capital
Improvements Office, the Legal Department and the Artist over the course of two years and failing to
reach agreement on terms and a revised budget, on June 17,2008, the AiPP Committee met and
unanimously passed a motion recommending that the Mayor, City Commission and the
Administration no longer move forward with "Drift" in South Pointe Park. They further recommended
that a new Call to Artists be issued. On September 24, 2008 the City Commission unanimously
approved the recommendation to issue a new Call to Artists for South Pointe Park with a project
budget not to exceed $500,000, inclusive of all infrastructure costs.
The AiPP committee met on a monthly basis from July to December 2008 and discussed possible
artists for South Pointe Park. The public projects of forty-five (45) artists were reviewed. On
Page 2 of 3
December 8,2010
City Commission Meeting
Tobias Rehberger Resolution
September 15, 2009, AiPP met and unanimously agreed to request proposals from the following
four artists; Jim Drain, Mark Handforth, Tobias Rehberger and Gary Webb. At the February 23,
201 0 meeting artists, Jim Drain, Mark Handforth, Tobias Rehberger and Gary Webb presented their
proposals. On March 26,201 0 the Committee reviewed and discussed the presentations further and
unanimously agreed to request fully realized proposals from Mark Handforth, Tobias Rehberger and
Gary Webb. Finalist Mark Handforth notified staff that after considerable thought, he would not
submit a proposal. On July 6, 2010, the AiPP Committee discussed the proposals from Tobias
Rehberger and Gary Webb. Please see Attachment A for a description of Mr. Rehberger's project,
and Attachment B, an artist rendering of the project.
The committee discussed the proposals at length and unanimously selected Tobias Rehberger's
"Lighthouse" (working title), to be commissioned for South Pointe Park. The Committee duly noted
that Mr. Rehberger is an internationally recognized artist; some of his most important public art
projects are:
Slinky Springs to Fame, 20 1 0, Oberhausen, Germany;
Cafeteria Project, 2009, Venice Biennale, Venice, Italy, which was the recipient of the
prestigious Golden Lion Award;
C'era un volta in America, 2009, Maxxi Contemporary Art Museum, Rome, Italy; and
Raststatt Rio Bravo, 2008, Munich, Germany.
Additionally, the Committee recognized that Mr. Rehberger had done seventy-two (72) one man
shows at some of the most prestigious museums and foundations in the world; including:
Frankfurt Museum, Frankfurt, Germany, 2010;
Stedelijk Museum, Amsterdam, Netherlands, 2008;
Prada Foundation, Milan, Italy, 2007;
Centro de Arte Contempor8neal Minas Gerais, Brazil, 2006
National Museum Queen Sofia Art Center, Madrid, Spain, 2005;
Serrvales Museum, Porto, Portugal, 2002;
Palais de Tokyo, Paris, France, 2002;
Museum of Contemporary Art, Chicago, USA, 2000;
University of California Berkeley Art Museum, Berkeley, USA, 1999;
Kunsthalle Basel, Basel, Switzerland, 1998.
The Scope of Services (Attachment "C") and project budget (Attachment "D") are provided for your
information.
NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE REVIEW
On October 5, 2010, the Neighborhoods and Community Affairs Committee discussed the AiPP's
recommendation and solicited comments from members of the public present. At the conclusion of
their discussion they passed a motion accepting the Art in Public Places Committee's
recommendation and requested individual briefings in order to review the project and artist
information in more detail. Additionally, the Committee directed staff to develop alternative locations
for the off-leash dog area in South Pointe Park; the Parks and Recreation Department will be
presenting alternative locations at the December Committee meeting.
Page 3 of 3
December 8,2010
City Commission Meeting
Tobias Rehberger Resolution
Following the Neighborhoods and Community Affairs Committee meeting, on October 18, 2010,
staff presented the project to the South of Fifth Street Neighborhood Association (SOFNA). This
presentation is done as a courtesy to keep the community informed on developments occurring in
the neighborhood. Although it is always desired, the City Code does not require approval or support
from the neighborhood association on AiPP projects. In fact, the Code delineates a specific process
for the selection of public art, which was followed by the Commission-appointed AiPP Committee.
DESIGN REVIEW BOARD MEETING
The project was reviewed by the Design Review Board (DRB) on November 2, 2010 and was
unanimously approved. As required by the City Code, a second public hearing before the DRB is
required and is scheduled for December 7, 2010. At the time of the printing of this agenda, the
outcome of the meeting is not known.
PROJECTED TIMELINE
If approved by the City Commission at the December 8, 2010, meeting, the City will immediately
finalize a contract with Mr. Rehberger who has proposed installation for November 201 1.
CONCLUSION
As you know, opinions on art are very subjective and it is impossible to please everyone. In fact,
one very important purpose of public art is to open dialogue about the piece and encourage the
community to express themselves. It is evident this piece is already accomplishing this. While there
have been expressions of support from South of Fifth residents, SOFNA has advised the City that
their board does not support this selection.
The Administration recommends that the Mayor and City Commission approve the selection of a
public art commission for the South Pointe Park, entitled "Lighthouse" (working title), as
recommended by the Art in Public Places Committee; Neighborhoods and Community Affairs
Committee; and Design Review Board; and further approving and authorizing the City Manager to
execute a contract with the Artist, Tobias Rehberger, and appropriating funds, not to exceed
$500,000, for design, creation, and installation of the aforestated work of art; from Fund. 147-Art in
Public Places.
T:\AGENDA\201 O\December 8\Regular\AiPP Rehberger Memo.doc
PROJECT DESCRIPTION
Tobias Rehberger: "Lighthouse"
(Attachment "A")
The following description of the project is taken from Tobias Rehberger's proposal. The dimension
of the artwork is estimated at 55'1 111 6" in height and the width varies from 8' 1 X to 4' 10' X. The
project budget is within the available budget and the project timeline reflects the sculpture being
installed by November 201 I.
"For my art proposal within South Pointe Park / Miami Beach 1 would like to give this very special
gateway to the City of Miami Beach a symbol that not only marks the area and greets all the visitors
that pass through Government Cut every day by boat but also brings together some of the key
attributes the City stands for: a vital zest for life, art, and design: a sculpture, which is designed as a
modern playful interpretation of a beacon, including the moving lights at the top. However, the
function of the light is not to guide the ships but to greet all the visitors to the City with cheerful,
multi-colored lighting that underlines the lively spirit of Miami Beach."
ATTACHMENT B
ATTACHMENT C
SCOPE OF SERVICES
DELIVERABLES: Artist shall provide the following deliverables:
I-A Design Development. The Artist shall complete the design development of the approved
Artwork, develop construction documents, based on the approved concept, for fabrication of the
work, coordinate the Work with the Contract Administrator and Project Coordinator and secure all
applicable approvals and permits. Approval by the Contract Administrator and notice to proceed
for fabrication shall occur after submittal of all applicable artwork deliverables and shall require
the additional review and approval of Project Coordinator (which shall occur concurrent with
Contract Administrator's review and approval process).
1. The Artist shall submit final design drawings for fabrication, artist proofs, material
samples, construction documents, verified cost estimate, sub-contractor list, permits and
approvals, and a fabrication and installation schedule.
2. If the verified cost exceeds the Project Budget, the Artist shall be obligated to redesign
the Artwork to fit within the established budget, inclusive of all payments to the Artist, at
no additional charge to City.
3. This phase includes Site visits for coordination and presentation purposes.
I-B Fabrication and Installation. The Artist shall deliver and install all Artwork and Artwork support
components, as per the approved construction drawings. Artist shall provide construction
administration services as required during the installation of the Artwork at the Site, including, but
not limited to, the coordination of all applicable inspections by all governmental authorities having
jurisdiction over the Project.
I-C Final Conservation Documents. Upon completion and installation of the Artwork, the Artist
shall submit all photographic documentation and completed cataloging forms including shop
drawings, manufacturer specifications and product cut-sheets, as applicable. If the Artist utilizes
computer technology in the fabrication of the Artwork, the Artist shall submit electronic copies of
any computer files that will support on-going operations or future repairs and conservation of the
Artwork. Artist shall also submit replacement material(s) andlor parts, as applicable, and as
deemed necessary by the Artist and Contract Administrator, to be used for future repairs of the
Artwork (quantities to be determined by Artist and Contract Administrator). Artist to demonstrate
any maintenance and replacement procedures of the Artwork, as deemed necessary by the
Contract Administrator.
COMPLETION AND INSPECTION: Upon completion and installation of all designed and fabricated
components, Artist shall be responsible for obtaining written final approval from Contract Administrator. If
Contract Administrator finds the Work acceptable, the requirements of the Agreement with regard to
design, fabrication, and installation of the Work and the Project satisfied, and all conditions of the permits
and regulatory agencies fulfilled, final acceptance shall be given by the Contract Administrator.
PHOTOGRAPHIC DOCUMENTATION: Professional photo-documentation suitable for publication shall
include images of all major aspects of the Project. The Artist-supplied photo-documentation shall be
reproducible, at no cost to the City, for any and all applicable uses by the City.
COMMUNITY INVOLVEMENT and EDUCATIONAL OUTREACH: In the development of the Artwork
design, the Artist shall research the relevant concerns and interests of the City, and the surrounding
community. The Artist shall participate in at least one community meeting and two other public meetings,
as shall be determined by the Contract Administrator.
TIMELINE FOR COMPLETION: It shall be the Artist responsibility, where applicable, to obtain all
necessary permits as required by City through Contract Administrator, and provide proof of same to the
Contract Administrator prior to fabrication.
Tobias Rehberger South Pointe Lighthouse Budget Worksheet Line Item Concrete Slab & Footings Consultant Engineering Installation Insurance Legal Fees Lighting & Electrical Materials & Labour Permits Photo Documentation Shipping Site Preparation Travel Total Artist's Fee Studio Overhead Computer Modeling & Design Amount Description Foundation and Earthworks Geotechnical analysis Schlaich Bergermann und Partner Steelwork erection Lighthouse lighting and grid connection 6 Powder Coated Aluminium g E Z ---I w local production possible difference to maximum budget Studio Tobias Rehberger Studio Tobias Rehberger
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING THE
SELECTION OF A PUBLIC ART COMMISSION FOR SOUTH
POINTE PARK, ENTITLED "LIGHTHOUSE" (WORKING TITLE),
AS RECOMMENDED BY THE ART IN PUBLIC PLACES
COMMITTEE; THE NEIGHBORHOODS AND COMMUNITY
AFFAIRS COMMITTEE; AND THE DESIGN REVIEW BOARD;
FURTHER APPROVING AND AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE A CONTRACT WITH THE ARTIST,
TOBIAS REHBERGER; AND APPROPRIATING FUNDS, IN AN
AMOUNT NOT TO EXCEED $500,000, FOR DESIGN, CREATION,
AND INSTALLATION OF THE AFORESTATED WORK OF ART;
AND APPROPRIATING FUNDS FROM FUND No. 147 ART IN
PUBLIC PLACES.
WHEREAS, in the Fall of 2005, with direction from the City Administration, the Art in Public
Places (AiPP) Committee embarked on commissioning an internationally recognized artist that
would create an original work of art, in conjunction with the re-design and renovation of South Pointe
Park; and
WHEREAS, on February 23,2006, the AiPP committee voted in favor of awarding the South
Pointe Park public art commission to Ifiigo Manglano-Ovalle for the proposed work of art entitled
"Drift"; and
WHEREAS, the Tourism and Cultural Development Office, Capital Improvements Office,
and the Legal Department discussed the project with the Artist over the course of two years and
failed to reach agreement on terms and a revised budget, and
WHEREAS, on June 17,2008, the AiPP Committee met and unanimously passed a motion
recommending that the Mayor, City Commission and the Administration no longer move forward with
"Drift" in South Pointe Park; and
WHEREAS, on September 24, 2008, the City Commission unanimously approved the
recommendation to issue a new Call to Artists for South Pointe Park with a project budget not to
exceed $500,000, inclusive of all infrastructure costs; and
WHEREAS, the AiPP Committee met on a monthly basis from July to December 2008 and
discussed possible artists for South Pointe Park, subsequently reviewing the public projects of forty-
five (45) artists; and
WHEREAS, at the AiPP1s request, in their February 23, 2010 meeting, Jim Drain, Mark
Handforth, Tobias Rehberger and Gary Webb made presentations of their proposals; and
WHEREAS, on March 26, 2010, the AiPP Committee reviewed and discussed the
presentations further and unanimously agreed to request fully realized proposals from Mark
Handforth, Tobias Rehberger and Gary Webb; and
WHEREAS, on July 6, 201 0, the AiPP Committee discussed the proposals received from
Tobias Rehberger and Gary Webb, and the Committee voted unanimously in favor of Mr.
Rehberger's project "Lighthouse" (working title); and
WHEREAS, on October 5,201 0, the Neighborhoods/Community Affairs Committee passed a
motion recommending the project and requested a briefing in more detail regarding the project and
the artist; and
WHEREAS, the project was reviewed by the Design Review Board (DRB) on November 2,
201 0, and was unanimously approved and, as required by the City Code, a second public hearing
before the DRB is scheduled for December 7, 2010; and
WHEREAS, Mr. Tobias Rehberger is an internationally recognized artist; and
WHEREAS, the Administration concurs with the advisory recommendations of the AiPP
Committee; the Neighborhoods and Community Affairs Committee; and the Design Review Board
respectively, and would further recommend that the Mayor and City Commission approve and
authorize the Mayor and City Clerk to execute an Agreement, in the amount not exceed $500,000,
with Mr. Tobias Rehberger (Artist), for design, creation, and installation of the aforestated work of
art, entitled "Lighthouse" (working title); and
WHEREAS, funding, is available from Fund No. 147 -Art in Public Places.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
the selection of the certain public art commission for South Pointe Park, with a working title,
"Lighthouse," as recommended by the Art in Public Places Committee; the Neighborhoods and
Community Affairs Committee; and Design Review Board; further approving and authorizing the
Mayor and City Clerk to execute an Agreement with the Artist, Tobias Rehberger; and appropriating
funds, in an amount not to exceed $500,000, for design, creation, and installation of the aforestated
work of art; from Fund No. 147 Art in Public Places.
PASSED and ADOPTED this day of December, 201 0.
MAYOR
ATTESTED BY:
ClTY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOH EXECUTION
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, ~.miamibeachfl.~ov
OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk
Tel: (305) 673-741 1, Fax: (305) 673-7254
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
From: Jorge M. Gonzalez, City Manager
Date: December 8, 201 0
Subiect: BOARD AND COMMITTEES
That appointments be made as indicated.
v
ADMINISTRATION RECOMMENDATION:
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: , TOTAL VAC . PAGE
Affordable Housing Advisory 11 City Commission
Committee
5 Page I
Beautification Committee 8 Commissioner Jerry Libbin 1 page4
--
Community Development Advisory 14 Commissioner Ed Tobin
Committee Commissioner Jerry Libbin
1 Page 11
1
Commissioner Jorge Exposito 1
Fine Arts Board 14 Commissioner Ed Tobin 1 Page18
Commissioner Jerry Libbin 2
Commissioner Jorge Exposito 2
Health Advisory Committee 11 City Commission
I Agenda Item R
1
We are committed to providing excellent public service and safev to all who live, work and play in 1 Date /a-f-/$
257
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
Hispanic Affairs Committee 7 Mayor Matti Herrera Bower 1 page 23
Housing Authority 5 Mayor Matti Herrera Bower 2 page 25
Marine Authority 7 Commissioner Ed Tobin 1 page 27
Miami Beach Commission For 2 1 Commissioner Jonah M. Wolfson 1 Page28
Women
Miami Beach Human Rights 5 City Commission 4 page 30
Committee Mayor Matti Herrera Bower 1
Miami Beach Sister Cities Program 24 Mayor Matti Herrera Bower 6 page 31
Normandy Shores Local Gov. 3 City Commission
Neighborhood Impv.
Police Citizens Relations Committee 17 Mayor Matti Herrera Bower 1 page 37
Production Industry Council 7 Commissioner Deede Weithorn 1 page 39
Safety Committee 14 Commissioner Jorge Exposito 1 page 40
Single-Family Residential Review 3 Jorge M. Gonzalez, City Manager 3 page 41
Panel
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
Attached is breakdown by Commissioner or City Commission:
City Commission Committees
Committee Position First Name Appointed by
Chairperson Commissioner Deede Weithorn Mayor Bower
Vice-Chair Commissioner Jerry Libbin Mayor Bower
Alternate Commissioner Jonah Wolfson Mayor Bower
Member Commissioner Jorge Exposito Mayor Bower
Liaison Patricia Walker, Chief Financial Off.
Chairperson Commissioner Michael Gongora Mayor Bower
Vice-Chair Commissioner Jonah Wolfson Mayor Bower
Alternate Commissioner Deede Weithorn Mayor Bower
Member Commissioner Edward L. Tobin Mayor Bower
Liaison Richard Lorber, Acting Planning Dir
Chairperson Commissioner Jerry Libbin Mayor Bower
Vice-Chair Commissioner Edward L. Tobin Mayor Bower
Alternate Commissioner Michael Gongora Mayor Bower
Member Commissioner Jorge Exposito Mayor Bower
Liaison Barbara Hawayek, Code Compliant
Monday, November 22,2010 Page 1 of 1
NON-CITY COMMISSION COMMITTEES
Mayor Matti Herrera Bower
Citizen's Oversight Committee
= Greater Miami Convention and Visitors Bureau
Metropolitan Planning Organization
Tourist Development Council
Hilda Fernandez, Asst. CM.
Miami-Dade County Homeless Trust Board
Mitchell Kaplan
Performing Arts Center Trust (PACT)
Vacant Vacant Vacant
Dade Cultural Alliance
Commissioner Weithorn
Miami Dade League of Cities
THIS PAGE INTENTIONALLY LEFT BLANK
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 8, 201 0
APPOINTMENTS wclTy COMMISSION
SUBJECT: BOARD AND COMMITTEE APPOI
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
BOARDS AND COMMITTEES
1 Affordable Housing Advisory Committee
2 Health Advisory Committee
3 Miami Beach Human Rights Committee
4 Normandy Shores Local Gov. Neighborhood Improvements
F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR 12-08-10.doc
263
Agenda Item 87 A I
Date 12-%-18
Board and Committees Current Members
+.' ,-,.:. . ,.. *,;, .'. I,,? iti' ':'cl.s ,"',>.:,':: -7:j 2!,.,, -!< .'4 "':'('~'-..",~-,.~,~~j".~'.~"."--~~"~~",*1;i~,::;~".. ,\. , ,.,, ,k.> -:*> :# . &,>!:; f.; ,< ,,2,.,~~~~~:,~,, <,>?&>"A .""' A>:..<\:;i;;J-z:?*$+ ".. ,,?' ". yT?-' -..
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Composition:
The committee shall consist of eleven (11) voting members with two (2) year terms appointed at
large by a majority vote of the Mayor and City Commission:
One citizen:
1) actively engaged in the residential home building industry in connection with affordable housing;
2) actively engaged in the banking or mortgage banking industry in connection with affordable
housing;
3) representative of those areas of labor actively engaged in home building in connection with
affordable housing;
4) actively engaged as an advocate for low-income persons in connection with affordable housing;
5) actively engaged as a for-profit provider of affordable housing;
6) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member);
7) actively engaged as a real estate professional in connection with affordable housing;
8) actively serving on the local planning agency pursuant to Florida Statute 5 163.3174 (Planning
Board member);
9) who resides within the jurisdiction of the local governing body making the appointments;
10) who represents employers within the jurisdiction;
11) who represents essential services personnel as defined in the local housing assistance plan.
Members of the Loan Review Committee, members of the Community Development Advisory
Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any
of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to
conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint
a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged
in the activity without regard to affordable housing may be appointed.
City Liaison: Richard Bowman
To replace Roberto (6) Not For Profit 12/31/2010 City Commission
DaTorre
To replace Dr. (10) Rep. Empl. withlju 12/31/2011 City Commission
Barry Ragone
To replace Ada (4) Low-Income Advoc. 12/31/2011 City Commission
Llerandi
To replace Brian (1) Res. Home Bldg. 12/31/2010 City Commission
Ehrlich
To replace Lianne (1 1) Rep. Essential Sew 12/31/2011 City Commission
Pastoriza
Name
- -
Clark
David
Jonathan
Michael
Robert
Stephanie
Last Name PositionITitle Term Ends: Appointed by:
- .- --
Reynolds (9) Res. Juris. Local Gvt 12/31/2011 City Commission
Smith (2) BankingfMortgage 12/31/2010 City Commission
Fryd (8) Local Planning Board 12/31/2010 City Commission
Burnstine (7) Real Estate Prof. 12/31/2011 City Commission
Saland (5) For Profit 12/31/2010 City Commission
Berman (3) Rep. Labor Home Bldg. 12/31/2010 City Commission
Term Limit:
.
12/31/13
12/31/15
12/31/13
12/31/13
12/31 /I 3
12/31/13
*_ ,*- - _ * * ....- _ ^ " -.*.I -1. _,... .-. *..-..r .I-^,YCI(U."...I"-,*. I-Y*UII*XC-..m *I*lOlltUI.IXILIVCI-~~ws~--~--------"-
MonrCny, November 22,2010 Page I of47 (Contznued ....
Board and Committees Current Members
Applicants PositionITitle Applicants PositionITitle
. -- ~- .- . .- ..
Amy Perry Andrew Fischer
Charles Urstadt Karen Fryd
Marie Towers Mario Coryell
Roberto DaTorre Steven Gonzaiez
" ., - ---* ... -" *<...,. - .- "....+ " *,-* ~~,~~-~~-,.%~,w*w~~~~ ,'---**-.*--&m.-----..*s"."
Monrlny, ~ovrmbe; 22,201 0" Page 2 of 47
Board and Committees Current Members
..:. . . . : ' " . *< - . ' > ..;i,, ' , t, !!- . : 2.. ..- , .- +.:, .".. rr . ... .. -- L- He,&b ~&~<~$~fi~p~~l&ee ;;:; ;.,,+ ,:F2;.,:i f;; :.:, :; ,E?;,:, ;,<;; :f;v?j;y >i$:i$~~~~~?.$?q~:~:~~~~~~d$- : ,?: $eC@2'81 '2002:;5't,'
... . , .,- , . .., ,. . , ._ ,. -:. :.., . .,., , . ,. , , ,-?,.j,,;(, #.:,x;:. ..;;Y51z~~i~+;9\t;;;;I~2~~~~d~$Z:a$i~i~~& :x&i;i?.;!> .+v.~.L-, ,: ~~~a.~..?;p ,: .L ,.... , .
Composition:
Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of
the City Manager:
Two (2) members shall be the chief executive officers (CEO's) or their designated administrators from
each of the following local hospitals:
1) Mount Sinai Medical Center,
2) South Shore Hospital,
One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health
Center or hislher designee administrator;
Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an
Assisted Living Facility (ACLF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians.;
Two (2) members shall be consumers consisting of:
1) one (1) individual from the corporate level and ;
2) one (1) private individual.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami
Dade County Health Department and the Fire Rescue Department. The director of the Office of the
Children's Affairs shall be added as a non-voting ex-officio member of the board.
City Liaison: Cliff Leonard
To replace William CEO So. Shore (NTL) 12/31/2010 City Commission
Zubkoff
To replace Joyce Adm. Adult Congr. Liv. 12/31/2010 City Commission
Galbut &&g;$'fi;
Name
Baruch
Dr. Andrew
Harold
Kathryn
Rachel
Shaheen
Steven
Tobi
Zalman
Last Name
Jacobs M.D.
Nullman
Foster
Abbate
Schuster
Wirk
Sonenreich
Ash
Bacheikov
Position/Title
-- -. . -- -
Health Provider
Physician
Private Industry
CEO MB Community Health
ACLF
Private Industry
CEOIMt. SinailMH (NTL)
Nursing Profession
Dentist (TL 12/31/2010)
Maria Ruiz ex-officio, Director of Children's Affairs
Marisel Losa reu. From the Health Council of South Fla
Term Ends: Appointed by:
12/31/2011 City Commission
12/31/2010 City Commission
12/31/2011 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2011 City Commission
12/31/2010 City Commission
12/31/2011 City Commission
12/31/2010 City Commission
Term Limit:
Applicants PositionITitle
-. - - - - -- -
Applicants Position/Title
Charlotte Tomic Eli Strohli
Jared Plitt Paul Venette
-, .- , ^." -. . "XX.L*I..*IY.- .-* ".-,C.*II---. X-tM~-.~*C.I~m&w~.-".*~~~.-~~ PC----
Monrlny, November 22,2010 Page 21 of 47
Board and Committees Current Members
Composition:
The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with
one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the
remaining members to be at-large appointments of the City Commission.
The members of the committee shall reflect as nearly as possible, the diversity of individuals
protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2)
months prior to making appointments or re-appointments to the committee, the City Manager shall
solicit nominations from as many public service groups and other sources, which he/she deems
appropriate, as possible.
At least one (1) of the committee members shall possess, in addition to the general qualifications set
forth herein for members, a license to practice law in the State of Florida; be an active member of
and in good standing with the Florida Bar, and have experience in civil rights law. The attorney
member shall also serve as chair of the committee.
City Liaison:
Lawyer 12/31/2011 City Commission
12/31/2011 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2011 Mayor Matti Herrera Bower
~e&b~$~:~.~
Name Last Name PositionITitle Term Ends: Appointed by: Ternz Limit:
- - - .-- -- .
New Member 12/31/2011 City Commission
. . . __, _ %. _ -. I .* .-^ _ ."- --"".--XYt- .~-)l-.l..lll*l.*-.L.~----"~~~-~-~*.w.*. L.*-*i
Monrlny, November 22, 2010 Page 30 of 47
Board and Committees Current Members
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of
three members of the Executive Committee of the Normandy Shores Homeowner Association. On
behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity
list of its members for appointment consideration. The Advisory Council shall be composed of the
three members of the Executive Committee of the Normandy Shores Homeowners Association as per
Resolution No. 97-22449 adopted July 2, 1997.
City Liaison:
8.X y..ggg$q
# ,.r *i r HI
To rewlace Erik 12/31/2010 City Commission
Name Last Name Position/Title Term Ends: Appointed by:
-. - .-.
Term Limit: -
Geoff Green 12/31/2010 City Commission 12/31/15
Ronald Loring 12/31/2010 City Commission 12/31/14
Applicants - -
Position/Title
. . - - - -- - - . -. - - -- - Applicants PositionITitle
Miguel Antonio Aviles Sofia Emuriel
. *,". / I " _"...- -,* ..*-w"w,-A il ^.+,...I* Yh.U -X ----wd-m~~~sm%-~~---*~~a-~.x-.
Montlny, ~oveiber 22,2010 Page 33 of 4 7
R9 - New Business and Commission Requests
R9B1 Dr. Stanley Sutnick Citizen's Forum. (1 2:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
AGENDA ITEM: R9BI -2
DATE: (2-8-10
THIS PAGE INTENTIONALLY LEFT BLANK
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: November 4th, 201 0
SUBJECT: Agenda ltem
Please place on the November 17'~, 2010, Commission meeting agenda a discussion item
regarding Resolution 2010-27314 (attached) in which the City of Miami Beach Commission
voted against supporting the Miami Dolphins' initiative to get public funding for their stadium.
The purpose of this referral is to ensure the Commission's Resolution referred to above is
maintained in full force and effect.
If you have any questions, please contact Leonor Hernandez at extension 6437
We ore cornmilled lo providing excellenl public service and sofek lo all who live, work, ond ploy in 04
1 Agenda ltem R C 1
i Date l&-d-l0
I
RESOLUTION NO. 201 0-27314
A RESOLUTION OF THE MAYOR AND ClTY
, . COMMISSION OF THE CITY OF MIAMI BEACH,
'.a, .:. FLORIDA, OPPOSING THE EXPENDITURE OF '
. ANY PUBLIC FUNDS FOR RENOVATIONS TO .
DOLPHIN STADIUM.
I I
I
WHEREAS, the Mayor and City Commission of the ~ity'of Miami Beach wish to
state their 'opposition to the expenditure of any public funds for any renovations to
Dolphin Stadium, including, but not limited to, the construction of an enclosed football .
, : stadium; and'
1 WHEREAS, any renovations to Dolphin Stadium should be funded solely.from
I private sources. . . .
!
, NOW, THEREFORE, BE IT.DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the use of any public .
. fuming for renovations to Dolphin Stadium.is hereby opposed, and that any renovations .
i to Dolphin Stadium should be funded solely from private sources.
I . .
. . I
PASSED and ADOPTED this 13 day of , Tankary ,2010.
' L 'ju d'L4
. CITY CLEFUL
' . APPROVED ASTO
. . . F:\ano\TURN\RESOS\Resolution opposing public funding for renovations Bt Dolphin ~tadiom.docjt ,
I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the
FROM: Jorge M. Gonzalez, City Manager %75
DATE: December 8,2010 Oc,'
SUBJECT: A DISCUSSION OF A PROPOSED LAND EXCHANGE AND DEVELOPMENT
AGREEMENT AMONG MIAMI-DADE COUNTY, THE CITY OF MIAMI
BEACH AND SOUTH BEACH HEIGHTS II, INVOLVING THE PROPERTIES
AT 615 COLLINS AVENUE (P.E.T. CENTER), 710-720 ALTON ROAD
(MIAMI BEACH COMMUNITY HEALTH CENTER), AND 725-745 ALTON
ROAD (VACANT PRIVATE LAND).
BACKGROUND
Miami-Dade County owns the real property at 645 Collins Avenue which is currently
leased to the county Health ~e~adment (P.E.T. Center Property). The Property was
formerly owned by the City and conveyed to the County in 1963 by Warranty Deed,
dated January 14, 1963. The Deed required the County to construct, and thereafter
maintain and operate, a medical facility on the Property.
The City also reserved a reversionary interest in the P.E.T. Center Property, so that in
the event that the County ceased at any time to use the Property for any other purpose
other than a medical clinic, all right, title, and interest would immediately revert to the
City. The Deed also contains a requirement that the Property cannot be sold, leased, or
otherwise disposed of without the County first obtaining the City's prior authorization.
The County also owns the real property at 710 Alton Road (West Alton Property), which
it currently leases to the Miami Beach Community Health Center (formerly the Stanley C.
Myers Clinic).
South Beach Heights II (Developer), has been in discussion with the County and the City
to enter into a three-party (Developer, County, and City) Land Exchange and
Development Agreement; the proposed key terms of which are hereafter discussed. The
proposed agreement, drafted by Developer, is being reviewed by the City Administration
and the City Attorney's Office. The proposed land swap, in conjunction with its assembly
of the land currently owned by the developer on the West side of Alton Road would be
for a proposed development of an approximately 400,000 square foot retail/commercial
project with a parking facility of approximately 1,500 parking spaces. This proposed
development would be situated in the area bounded by 6'h Street on the south, 7fh Street
on the north, West Avenue on the west and Alton Road on the east.
On July 29, 2010, the Finance and Citywide Projects Committee generally discussed the
proposed Agreement, in conjunction with a broader discussion of Developer's proposed
retail commercial Project. The Committee recommended that the item be forwarded to
the City Commission for further discussion.
' Agenda Item R9 D
Date 12-8-10
Commission Memorandum
December 8,2010
South Beach Heights Land Exchange
Page 2
ANALYSIS
The City Commission is being asked to contemplate a land exchange that would, among
other things, consolidate a commercial tract allowing for a substantial re-development.
While conceptually a swap as proposed could result in an enhanced facility for the
Health Center and facilitate the redevelopment of the hospital site on the West side of
Alton Road, the Administration believes the land exchange should occur as the last
component of the planning phase of this development. The City Commission should
have a detailed explanation on the traffic impact a 400,000 square foot commercial
development will have on the City. The City Commission should also have a clear
understanding on the scale and massing of the proposed development before a final
determination is made on the proposed land swap that will help enable this large
commercial project at one of the main entrances to Miami Beach.
The Miami Beach Community Health Center (MBCHC) and the Flamingo Park
Neighborhood Association (FPNA) are key stakeholders in this issue. The City has not
had direct discussions with these two key groups. The Board of Directors of MBCHC
recently passed a resolution addressing their relocation to a facility on the East side of
Alton Road. In the resolution (see attached), MBCHC expressed that the move would
only be beneficial if the new facility was 25,000 square feet and valued at equal to or
greater than $8 million. The Board expressed that the current facility has been
sufficiently upgraded to meet the community's needs and that it is not in the best interest
of the residential neighborhood to locate the facility in close proximity to their homes on
the East side of Alton Road. The resolution also expressed a desire to own any new
facility.
The Administration also has concerns about locating a health clinic on the East side of
Alton Road. As the Commission is well aware, several concerns have been raised about
the intensity of development along this side of the street adjacent to the Flamingo Park
Historic District. The intensity and impact of a health clinic and the proposed commercial
development on the consolidated site has not been discussed fully with the community,
and the Commission should have the benefit of that dialogue prior to any final decision
on the proposed land swap.
Theoretically, the County and Developer can accomplish the proposed land exchange
and development of the New Health Center without the City being a party to
Developer's proposed Agreement.
The P.E.T. Center Property would revert to City ownership upon the cessation of use by
the County Health Department at that site (and its relocation to the new East Alton
facility). In this case, the Mayor and City Commission have several options, which
include:
Sell the P.E.T. Center Property to the Developer as the City's contribution to the
New Health Center project; or
Put the Property on the market for sale, and determine whether or not to make a
financial contribution to the New Health Center project; or
* Retain the property under City ownership and evaluate other possible uses.
Additional considerations/discussion items for the City Commission regarding the
transaction proposed by the Developer include:
Commission Memorandum
December 8,2010
South Beach Heights Land Exchange
Page 3
County agreement to a long-term (50-99 years) lease between the MBCHC and
the County for the New Health Center, or ownership by MBCHC of the facility.
If MBCHC no longer occupies the New Health Center, reversion of the leasehold
to the City in order to secure a new health services provider for the location; and
MBCHC is currently the only tenant in the building which they occupy; under this
proposal the MBCHC would be one of two tenants in the New Health Center;
Neighborhood impacts:
o The relocation of the services currently provided by the County Health
Department at the P.E.T. Center Property, and the relocation of MBCHC
to the East Alton Property; both adjacent to the Flamingo Park residential
neighborhood; and
o Assemblage of land for Developer's proposed retail/commercial
development on the west side of Alton Road.
The land swap will require for the property on 6th & Collins a 417~ approval of the
City's Planning Board and a 617~ approval of the City Commission.
ISSUESIDISCUSSION:
The Administration is seeking direction on the following issues:
Should the Administration continue discussions with the developer on the
potential land swap.
If so, should those discussions be predicted upon a traffic analysis that
evaluates the impact of the proposed development.
Should a massing and scale concept plan be prepared in conjunction with the
consideration of the land swap.
Should the Administration begin discussion directly with the MBCHC and the
FPNA in order to evaluate any concerns these groups may have with the
proposed land swap and or potential commercial development, and
determine their intent in participating in this project.
KEY TERMS OF THE PROPOSED AGREEMENTS SUBMITTED BY DEVELOPER
Note: The following terms are as submitted by Developer and do NOT yet incorporate
comments and/or revisions by the City and/or Miami-Dade County.
Developer's Obligations
Developer shall acquire fee simple title to the P.E.T. Center Property (615 Collins
Avenue) from the County. (Note: County currently leases P.E.T. Center Property
to County Health Department)
* Developer will acquire fee simple title to the West Alton Property (710-720 Alton
Road) from the County. (Note: County currently leases West Alton Property to
MBCHC)
Developer shall convey fee simple title to the real property at 725-745 Alton Road
(East Alton Property) to the County. (Note: East Alton Property is currently
vacant land)
Developer shall design and construct, at its sole cost and expense, a new state
of the art health facility on the East Alton Property. The new facility (the New
Health Center) will be owned by the County. A portion would be leased by the
County to the Miami Beach Community Health Center to house its new facility
(relocating MBCHC from its current site on the West Alton Property), and a
Commission Memorandum
December 8,2010
South Beach Heights Land Exchange
Page 4
portion would be leased by the County to the County Health Department
(relocating it from its current site on the P.E.T. Center Property).
Based upon a preliminary design for the New Health Center in accordance with a
site plan and specifications that will be reviewed and approved by the City and
the County, Developer is obligated to take all steps necessary to seek any and all
land use approvals as may be required to construct the New Health Center on
the East Alton Property (including zoning, site plan, environmental, and other
permits and approvals as the City may require).
Developer shall select the architect, general contractor, and any and all other
consultants/contractors, as it deems necessary, but will consult with the County
regarding the design and construction of the New Health Center.
Developer shall have the right to take all steps necessary to seek any land use
approvals, as may be required or desired by it, in connection with its
development and intended use of the P.E.T. Center Property and the West Alton
Property, and County and City will cooperate with Developer with respect to
Developer's efforts to obtain such approvals.
Countv's Obliaations
The County shall convey fee simple title to the P.E.T. Center Property to
Developer. (Note: As required by the Warranty Deed for the P.E.T. Center, the
County's conveyance of the Property to Developer is subject to the City's prior
authorization)
In connection with the conveyance of title to the P.E.T. Center Property to
Developer, the County shall terminate the current lease with the County Health
Department on or before the Closing Date (Note: The proposed Agreement
defines the "Closing Date" as occurring after the issuance of a partial certificate
of occupancy or certificate of occupancy for the New Health Center)
The County shall convey fee simple title to the West Alton Property to Developer
and, in connection therewith, shall also terminate the current lease with the
MBCHC on or before the Closing Date.
The County shall lease a portion of the New Health Center to MBCHC. The
remaining portion will be leased by the County to the County Health Department.
The County will accept a dedication, via special warranty deed, of the East Alton
Property from Developer. (Note: Provided the City approves the conveyance of
the P.E.T. Center Property to Developer, the new deed from Developer to the
County for the East Alton Property must contain the same reversionary interest
and right of approval [prior to subsequent sale, lease andlor disposal], that the
City reserved in the original Warranty Deed for the P.E.T. Center Property.)
The County shall contribute $450,000 from its General Obligation Bond funds
(which was previously earmarked for improvements to the existing building
leased to MBCHC on the West Alton Property) toward developmentlconstruction
of the New Health Center.
Citv's Obligations
City shall approve the County's conveyance of the P.E.T. Center Property to the
Developer.
In conjunction with the above referenced conveyance, the City also agrees to
release its reversionary interest in the P.E.T. Center Property, subject to the
Developer and County's agreement to include a reversionary interest in the deed
to the East Alton Property with the same language.
Commission Memorandum
December 8,2010
South Beach Heights Land Exchange
Page 5
Note: Pursuant to a question raised by the Finance Committee at its July 29,
2010 meeting, the City Attorney's Office has reviewed the language in the
existing Warranty Deed for the P.E.T. Center, which requires City's approval of
the conveyance of the P.E.T. Center, and further provides for a reverter in title to
the City in the event that the Property ceases to be used as a medical facility,
and recommends that the City Commission should approve the proposed
conveyance (and corresponding transfer of the City's reverter) in accordance
with the established procedures in the City Charter and City Code, governing
disposition of City property.
Since the current Warranty Deed for the P.E.T. Center requires City approval of
any sale, lease or other conveyance of the Property, and since the reverter
language effectively, gives the City an interest in the Property (such that the
approval of the conveyance of the P.E.T. Center Property inextricably links the
approval of the conveyance to the release of a City interest in property), the
following CharterICity Code requirements would apply:
o City Charter Requirements:
417" approval of the City's Planning Board, and 617" approval of
the City Commission;
o City Code Requirements:
Finance and Citywide Projects Committee review
Resolution approving the conveyance read on two (2) separate
dates, with the second reading to be accompanied by a public
hearing;
Planning Department analysis;
Public bidding and appraisal requirements (may be waived by 517'~
vote).
PROPERTY CHARACTERISTICS
Below is information regarding the characteristics of each property, including each
parcel's assessed value as determined by the Miami-Dade County Property Appraiser's
Office, as well as the appraised fair market value as of April 17, 2009 as determined by
Delahanty & Associates.
Lot Building 2009 Property April 2009 Delahanty
Property Size Size Appraiser Tax Delahanty Estimate
Assessed Value Appraisal Per SqFt
61 5 Collins Avenue 14,000 4,537 $5,568,138 $5,354,936 $364.29
West Alton Property 25,500 24,497 $4,333,101 $7,100,000 $278.43
East Alton Property 22,500 nla $3,379,848 $6,255,000 $278.00
RECOMMENDATION
The Administration recommends that the parties continue to discuss the transaction, and
that the Administration also discuss the proposal with the MBCHC and the Flamingo
Park Neighborhood Association.
JMGIJGGlkc
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STANkEY C. MYERS H6ALrT.H CENTER
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MORTH MlAf~?l WEALTM,GENT.ER
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RESOlVE!3 by the Board .of lW.3$xX~ af R~arni B~ch @m@u~ip
Health Center., X~C,~ a Wqrida nqt-fgr- Prciflt (iorpqration a? fdloiys:
WHEREAS, at a meetkg ofXr3-e Bodd ;G'fCrirec%ors @the Miaml Beach
Cbrnmuni@:Hlieakh &hfe< It has heen nohdQh&we kave@uiewed
and looked at the gpgm Tor Wr;.ip&tivedsahmi~(3n r~f bbuiidlng @lams
that ftuzis1Jl Gamqt has @qpm ta4tre CCitydt Mlami Beah aod
MizrrnPDadeCpu~ty on 3qoe 16, i"~f39~ and it hqs been determine&
1. The MiarniBeach Curfirnunity He,aY% Center mgst be .&lQYt~ &Ifill
its mission in a 25rCif30 'S&. &W-dfit.he-art'W1I~wR.hd~ any
igterruptiun afsfaf"v1~es k a hulMQ* &equal ar great& vaioe than
the.c$8~mi?!$ori allq~a&$ the @iPFi B~ch kgmrnunity Health
Cprite~ by theQ@& bnrl.
2. The E@ahl 'of.fBi&&@@ gtf the @fiim,i 0wh-mmunity Ht3@Rh
z;e&r, &nm:Mhtm& 27~-20&,a&@wlUg~s they'Jllaw
iwRstd $6DQdbPOs~t-W5~ &~a?~,8%%!3 df %he D,t:tif.MI R%p~.ai;tme~t
and $2@0~~O~%hitt:-~a5~d!ht& ;by atk.Cify &'Miami hch,
$%B,Y)2).P i~*qhep~en~~atj~~sd tdQ Wilton>@ad fadi&
$~1x@6,2@pa@af$d i%@eiql t$q~u)as retwyqtie~q, and$+rn4BbQ
iflcurttid in* prlir'$~g fqI $R &@Rr)n, f here qr~sqverql ~\artlxarks
-atlmt&i t9 the Spe~m~pT$i&~~pQ, $$Q,OgOt atltl
$WJIOD. g$t~m "t0Wl~fl~~@,~2Q ;in giil@.tion tg Fetter&
state, and lo~d~~a~i~trfe ~=;R&EV& ymt!l$',
3. In amordance w%fi+'f.hmeWe~k%ase~w%h MiaxRi-D~de @un& an
allacg€bn * -.. - d3WSiE. wuld. need $0 kxmmeamElahle fw the
~epartment:qf-He~ip .m$bem+@nlaq that the PR Center may
clase,
4. In additix4.n tp %e @ @fI11mJ s~eMI .h~p&Yhfa,nd dgtia~ of
thePremai~ng,maji~w fmm-'El@I&rthgIhas bqn~aftlizd by 'the
GOUQ %o u$ma t&e zqaxo SF, d U~Q.J&~~SWR i'n md~r*t0
.camp& ~lit4" &e-4b~ye'armce@&~tjbn.
5, The $cq@ <af p&e.r&ws sf"tbe %@mi 'tbg-~h-@m19rr3& Hwttth
' enter yquld Wlte ip &mim&e er regq~e crnst~e~l$y %hk:pa~kg,
fees v$Mch n@wQ$q1 $?j~~~dfl~~y~wbifh bWft.o the rent
tWt the Miami rj& ~mrnut%& tde&k@nter wjs pre,Uiu,usi$
paying la RussB1l .GaJht Sfice &306, thesk feels ha9@ c&Ble,rf
$420,00D.
NOW, THEREFORE, the &mrd here& ve;s~tves as%itaws:
1. The Wrd ~f ,fRWr6 of The MlfqtpI LhachQ~rrtrnpniljy ReaRh
Center would kk~tmmea bcaisd RDW $ate-df~the+art health center
that would enempas &00P $,F, d useaHezpa~e that would be
above sr equal &a $he;@ million &~Iracated to >the Miami Beta~h
Cpmrnunlty Wealqh ~erker via the GQB-band Eh-at~was executed,
2, The Board 'b&sves thdt the arqpepe$y Jomtd tit $.i:&72b A'1tm-1
Road has been upgraded edfi&ntig.to meet tk-amrnunity's
needs,
3. The fbard of DIreGturs ofWe Miami Reach G~mmumiQ Heaith
Center also%feefs that it is not in the best interest d the midentiat
eommuniiy ta be sewed by creating a community health center in
close prmimi$ to their homes.
4. The Board of I$rectors of tbe Miami Beach Community Health
Center wouM Like theawnersNp af the building to be addressed
sipt~e the Miami Beach Communl%y Health Gents is fully
responsiblefar all upkeep anda&jMenanfe 6f the property. It is
aiso kltAthat-$~om. a Finsn~ial standpoint, the buitding should be
D,w~s?~ by ehe Miami Rash Gommunlty Health Center in ~~der to
faciliBte a fTnangial benefit to move farward in the expansion of
seniices ta :tk;cammunitIes- they we.
5. The Bba~d af Directors, aewkibe-s~afti and patients of the Miami
Beach,Cornmtini W&iltf;l Cent& wodii Hk@t~, move forward-and
do what is bestf&r: the 'health rieeds of the ~ommu"nity we serve,
atyd BCS~ tp :pn&fe tbe M'iami Beach Community Healit3 Center to
-appr.opriateIy expand and continue its missian,
Passed and a~opted by-vote of the Bzaatd bf Dir&ars of -Miami Beach
Community Heal# Center, :,. (plqH;Cl).at the Board Meling at which
quorum wa5 p~esent on tbe 13 th day of Moveinber 2QkQ.
arqoing rtgm1u~on7nms o~~d by W#&E ~-#&d
maRm was seconded by
amz;ldup~n bdng put to<a vote the
vow
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner A
DATE: November 24th1 201 0
SUBJECT: Discussion Regarding Crime On Venetian Island And Throughout The City
Please place on the December 8th Commission Agenda a discussion on Crime on Venetian
Island and throughout the City.
The discussion should be preceded by staff providing a comprehensive detailed report on
the City's crime statistics for the past nine months, including what the City is doing to prevent
and address crime throughout the City.
Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274.
1
We are cornmifled to providing excellent pubbc servrce and sofew to 011 who Irve, wok, and m oq Agenda Item
1
R9 E
Date /2-8-10
281 I
ADDITIONAL INFORMATION TO
BE SUBMITTED IN THE
SUPPLEMENTAL
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner A
DATE: November 30,201 0
SUBJECT: Discussion Regarding Extension of Bonus Incentive Timeline for the New World
Symphony Soundscape Park.
Please place on the December 8 Commission Agenda a discussion regarding an extension
of the bonus incentive date for the New World Symphony Soundscape Park.
Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274.
ETIyb
We are commrfted to prov~drng excellent publ~c servrce ond sofefy to 011 who bve, work, ond ploy ~n Agenda Item /?? F
I Date 12-8 -10
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner
DATE: December 1,201 0
SUBJECT: Discussion Regarding Noise Ordinance and Allowable Noise Levels in Interior
Restaurant Spaces
Please place on the December 8th Commission Agenda a discussion regarding the Noise
Ordinance in relation to allowable noise levels in interior restaurant spaces.
Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274.
ETIyb
1 Agenda Item Rq 6
We ore commrtted to prov~d~ng excellent publrc servrce and safefy to all who bve, work, and play m d
Date 12-8-18
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Reports and Informational Items
(see LTC #320-2010)
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