R5J-Short Term Rentals In Collins Waterfront District -Grieco-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the regulations and requirements for
short-term rentals to include properties located within the Collins Waterfront Local Historic District.
FIRST READING - PUBLIC HEARING
The proposed Ordinance would amend the Land Development Regulations to allow for short-term
rentals for RM-1 properties in the Collins Waterfront Historic District under certain circumstances.
On October 22, 2014, the City Commission continued the item to a date certain of November 19,
2014.
The Administration recommends that the City Commission open and continue First Reading for the
proposed Ordinances to a date certain of December 17,2014.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmenta! Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to reoulate is "about the rioht amount."
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No.2204).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AGENDA\2014\November\RM-1 Collins Park STR - SUM First Read OC.docx
AGENDA ITEM [\ A \'MIAMIBEACH DATE400
MIAMIBEACH
€ify of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch. Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM:
DATE:
SUBJECT:Short Term Rentals in the Collins Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZON!NG DISTRICTS AND REGULATIONS'" ARTIGLE IV,..SUPPLEMENTARY DISTRICT REGULATIONS'" DIVISION 3,..SUPPLEMENTARY USE REGULATIONS'" TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS TO
INGLUDE PROPERTIES LOCATED WITHIN THE COLLINS WATERFRONT
LOCAL HISTORIG DISTRIGT; PROVIDING FOR REPEALER;
SEVERABILIW; CODIFIGATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinances to a date certain of December 17,2014.
BAGKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred a discussion item to the Land Use and Development Committee, which would
allow short term rentals in the RM-1 districts In the Collins Waterfront Historic District,
under limited circumstances.
On June 12,2014, the Land Use and Development Committee recommended that the
subject Ordinance be referred to the Planning Board. On July 23, 2104, the City
Commission referred the proposed Ordinance to the Planning Board (ltem C4C).
The RM-1 zoning district, within the Collins Waterfront Historic District, does not permit
hotels, and does not permit short-term rentals of apartments. The proposed Ordinance
would allow short term rentals in the RM-1 areas of the Collins Waterfront Historic
District, under limited circumstances, similar to Ordinance 2010-3685, adopted by the
City on June 9, 2010, which permitted short term rentals in very limited circumstances
within the Flamingo Park neighborhood.
TO:Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
the Ci[y Commission
FIRST READING - PUBLIC HEARING
401
Commission Memorandum
Ordinance Amendment - ShorT Term Rentals in the Collins Wateffront Historic District
November 19, 2014 Page 2 of 4
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low
rise, single-family and multiple-family residences. The main permitted uses in the RM-1
district are single-family detached dwellings, townhomes and residential apartments.
With the exception of those properties fronting Harding Avenue or Collins Avenue, from
the City Line on the north to 73rd Street on the south, hotels are not permitted within the
RM-1 zoning district.
Section 142-111'l of the City Code regulates the short{erm rental of apartment units or
townhomes. Under the City Code, 'short term rentals' are defined as the rental of
apartment or townhome residential properties in districts zoned RM-1, RM-PRD, RM-
PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-3 or TH for periods of less than six months
and one day. Properties zoned RM-2, RM-3, CD-2 and CD-3 permit hotels, so rental
periods less than 6 months are permitted, subject to all applicable building and fire
regulations.
The RM-1 zoning district does not permit hotels, and does not permit short-term rentals
of apartments. Ordinance 2010-3685, adopted by the City on June 9, 2010, clarified
this, while grandfathering-in a small number of existing short term rentals in very limited
circumstances within the Flamingo Park neighborhood. Section 142-1111 of this
Ordinance contains a provision that would allow other neighborhoods to permit short
term rentals in the future by action of the City Commission.
The attached Ordinance would allow short term rentals in the RM-1 areas in the Collins
Waterfront Historic District, under similar limited circumstances. Apparently there are
already several buildings in this area (roughly bounded by Collins Canal on the south,
Pinetree Drive on the west, 25th Street on the north, and Lake Pancoast on the east)
already engaged in short-term rentals. This ordinance would legalize those properties
currently operating such transient operations.
Attached, is a map showing the subject RM-1 zone, as well as the adjacent zoning
districts. The subject area is bounded by more intense commercial and high density
multi-family districts to the immediate south (Cd-3 zone across Collins Canal) and east
(RM-3 District across Lake Pancoast). To the west of the subject area are Government
(Fire Station 2) and lnstitutional (Hebrew Academy) uses. The area to the immediate
north of West 25th Street is zoned single-family.
The proposed Ordinance would provide more flexibility in terms of allowable uses for
recently restored historic buildings within the RM-1 zoned area of the Collins Waterfront
Local historic district. ln order to provide an appropriate buffer from the more low scale
single family district, it is suggested that any property within this district that has a
property line on West 25th Street not be permitted to have short term rentals. Also, the
eligibility for short term rentals should be limited to fully restored, 'Contributing' buildings
within the district.
ln summary, with appropriate safeguards, and given the intensity of the districts and
uses on the west, south and east sides of the subject RM-1 district, the proposal for a
limited short-term rental eligibility window is not expected to have any detrimental
impacts on the surrounding area. The Ordinance attached includes the safeguards and
eligibility limitations delineated herein.
402
Commission Memorandum
Ordinance Amendment - Short Term Rentals in the Collins Waterfront Historic District
November 19, 2014 Page 3 of 4
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the proposal to
the City Commission with a favorable recommendation.
FISCAL !MPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
UPDATE
On October 22, 2014, the City Commission discussed the proposed Ordinance
Amendment at First Reading. Some concerns regarding the size of the area proposed
for allowing short term rentals, the total numbers of properties, as well as outreach to
area residents, were raised. The item was continued to a date certain of November 19,
2014. Subsequent to the October 22, 2014, the original proposers of the Ordinance
requested that the matter be continued to December 17,2014, in order to adequately
address the issues and concerns raised at the October 22,2014 Commission meeting.
CONCLUS!ON
The Administration recommends that the City Commission open and continue First
-ffiJffi:: "J::;,.,_::":::"*"er
17 2014
403
Commission Memorandum
Ordinance Amendment - Shoft Term Rentals in the Collins Wateiront Historic District
November 19, 2014 Page 4 of 4
404
SHORT TERM RENTALS IN COLLINS WATERFRONT DISTRICT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 142,"ZON!NG DISTRICTS AND REGULATIONS'" ARTICLE
!V, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 3,..SUPPLEMENTARY USE REGULATIONS", TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS
TO INCLUDE PROPERTIES LOCATED WITHIN THE COLLINS
WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City Code contains provisions for the short term rental of
apartments and townhomes in those zoning districts that do not permit hotel uses; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to the short term rental of apartments and townhomes for the Collins
Waterfront Historic District to allow short term rentals in a portion of that District; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated August 26,2014, by a vote of 6-0; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations", Article lV,
"Supplementary District Regulations", Division 3, "Supplementary Use Regulations", of
the City Code is hereby amended as follows:
Sec. 1 42-1111. Short-term rental of apartment units or townhomes.
(a) Limitations and prohibitions.
(1) The rental of apartment or townhome residential properties in districts zoned RM-
1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-3 or TH for periods
of less than six (6) months and one day, unless expressly provided for in these
land development regulations (such as for a portion of the RM-1 district, and for
apartment hotels in the RPS-1 and RPS-2 districts) are not a permitted use in
such districts unless conducted in accordance with this section.
(2) Any advertising or advertisement that promotes the occupancy or use of the
residential property for the purpose of holding commercial parties, events,
assemblies, gatherings, or the occupancy of a residence for less than six months
405
and one day, as provided herein, or use of the residential premises in violation of
this section.
a. "Advertising" or "advertisement" shall mean any form of communication for
marketing or used to encourage, persuade, or manipulate viewers, readers or
listeners for the purpose of promoting occupancy of a residential property for
the purpose of holding commercial parties, events, assemblies, gatherings. or
the occupancy of a residence for less than six months and one day, as
provided herein, upon the premises, as may be viewed through various
media, including, but not limited to, newspaper, magazines, flyers, handbills
television commercial, radio advertisement, outdoor advertising, direct mail,
blogs, websites or text messages.
(b) Previously existing short-term rentals in specified disfrrcfs. For a period of six months
after the effective date of the ordinance enacting this section (June 19,2010), owners of
certain properties located in the following districts shall be eligible to apply for approval
of a certificate of use permitting short{erm rental of apartment and townhome residential
units for these properties under the requirements and provisions set forth below. Other
neighborhoods may be added to this provision in the future by action of the city
commission.
fll Districts: Properties within the RM-1 and TH zoning districts in the
Flamingo Park and Espanola Way Historic Districts.(A) Eligibility: Those properties that can demonstrate a current and
consistent history of shortterm renting, and that such short-term rentals are the
primary source of income derived from that unit or building, as defined by the
requirements listed below,.
fl)fiLFor apartment buildings of four or more units, or for four or
more apartment units in one or more buildings under the same
resort tax account. ln order to demonstrate current, consistent and
predominant short-term renting, the property must comply with all
of the following:
a. Have been registered with the city for the payment of
resort tax and made resort tax payments as of March 10,
2010; and
b. Have had City of Miami Beach Resort Tax taxable room
revenue equal to at least 50 percent of total room revenue
over the last two-year period covered by such payments;
and
c. Have been registered, with the State of Florida as a
transient apartment or resort condominium pursuant to
Chapter 509, Florida Statutes, as of March 10, 2010.
For properties containing more than one apartment building,
eligibility may apply to an individual building satisfying a. through
c. above.
(2[1j)For apartment and townhouse buildings of three or less
units, or for three or less apartment units in one or more buildings
406
under the same state license+. ln order to demonstrate current,
consistent and predominant short-term renting, the property must:
a. Have been registered with the State of Florida as a
resort dwelling or resort condominium pursuant to Chapter
509, Florida Statutes, as of March 10, 2010.
(e)(E) Time periods to apply for shortterm rental approvals.
(1)O Owners demonstrating compliance with subsections
(bXlXAX|) or (ii) above, shall apply for a certificate of use
permitting short-term rental as detailed in subsection 142-1111(0
within a time period of six months from the effective date of this
section (June 19, 2010), or be deemed ineligible to proceed
through the process specified herein for legalization of shortterm
rentals.
(2{jj)Within three months of the effective date of the ordinance
enacting this section (June 19, 2010), eligible owners shall apply
to obtain all necessary approvals to comply with the Florida
Building Code, Florida Fire Prevention Code and with all other
applicable life safety standards.
(3)!!l Compliance with the applicable requirements of the Florida
Building Code and Florida Fire Prevention Code, shall be
demonstrated by October 1, 2011, or rights to engage in short-
term rental under this section shall be subject to restrictions and/or
limitations as directed by the building official and/or fire marshal.
This subsection shall not prevent these officials from undertaking
enforcement action prior to such date.
(4xly) Applications under this €'rdinen€e Section may be accepted
until 60 days after adoption of this subsection (adopted on April
11,2012; 60 days expire June 11,2012), upon determination to
the planning director that a government licensing error prevented
timely filing of the application.
Je) Collins Waterfront Local Historic District.
(i) Owners of propertv located in the Collins Waterfront Local
Historic District, shall be eliqible to applv for approval of a
certificate of use permittinq shortterm rental of apartment and
townhome residential units under the requirements and provisions
set forth below:a. Onlv those properties not havino a lot line on West
2stn str b. Onlv buildinos classified as 'Contributinq' in the
Citv's Historic Properties Database shall be eliqible for short term
rentals. The buildinq and propertv shall be fullv renovated and
restored in accordance with the Secretarv of the lnterior
Guidelines and Standards. as well as the Certificate of
Appropriateness Criteria in chapter 1 18. article X of these Land
Development Requlations:
407
c. The propertv must have reoistered with the State of
Florida as a transient or condominium pursuant to Chapter 509.
Florida Statutes. as of the effective date of this Ordinance.d. The propertv must have reqistered with the Citv for
the pavment of resort tax and made resort tax pavments as of as
of the effective date of this Ordinance.e. For properties containinq more than one aoartment
buildino, elioibilitv mav applv to an individual buildinq satisfvinq a.
throuqh d. above.
(D)Time period to applv for short-term rental approvals for those
properties located in the Collins Waterfront Architectural District.(i) Owners demonstratino compliance with subsections
(Cx4i)a-e above, shall applv for a certificate of use oermittinq
sho(-term rental as detailed in subsection 142-1111(e) within a
time period of six (6) months from the effective date of this
ordinance. or be deemed ineliqible to proceed throuqh the process
specified herein for leoalization of short{erm rentals.
(ii) Within three (3) months of the effective date of the
ordinance enactinq this section. eliqible owners shall applv to
obtain all necessarv approvals to complv with the Florida Buildinq
Code. Florida Fire Prevention Code and with all other applicable
life safetv standards.
(iii) Compliance with the applicable requirements of the
Florida Buildinq Code and Florida Fire Prevention Code. shall be
demonstrated bv the effective date of this Ordinance. or riohts to
enoage in shortterm rental under this section shall be subiect to
restrictions and/or limitations as directed bv the buildinq official
and/or fire marshal. This subsection shall not prevent these
officials from undertakino enforcement action prior to such date.
(E) ln the event a building approved for shortterm rentals in accordance
with subsections (dCX4i) and (dDX2ii) above is demolished or destroved. for anv
reason, the future use of anv new or future buildino on that propertv shall not be
permitted to enqaqe in short-term rentals. nor aoplv for short-term rental
approval.
(C{g) Regulations. For those properties eligible as per (b) er{dl above, unless othenruise
expressly provided for in these land development regulations, short-term rental of
apartment and townhome residential units shall be permitted, provided that the following
mandatory requirements are followed :
(1) Approvals required: applications. Owners, lessees, or any person with interest
in the property seeking to engage in shortterm rental, must obtain a certificate of
use permitting short-term rental under this section. The application for approval
to engage in shortterm rentals shall be on a form provided for that purpose, and
contain the contact information for the person identified in subsection (3) below,
identify the minimum lease term for which short-term rental approval is being
requested, and such other items of required information as the planning director
may determine. The application shall be accompanied by the letter or documents
described in subsection (9) below, if applicable.
408
The application for a certificate of use permitting short-term rentals shall be
accompanied by an application fee of $600.00.
(2) Time period. All short{erm rentals under this section must be pursuant to a
binding written agreement, license or lease. Each such document shall contain,
at a minimum: the beginning and ending dates of the lease term; and each
lessee's contact information, as applicable. No unit may be rented more
frequently than once every seven days.
(3) Contact person. All rentals must be supervised by the owner, manager, or a
local and licensed real estate broker or agent or other authorized agent licensed
by the city, who must be available for contact on a 24-hour basis, seven days a
week, and who must live on site or have a principal office or principal residence
located within the Flaminge Park er Espanela Way histerie foreqoinq districts.
Each agreement, license, or lease, of scanned copy thereof, must be kept
available throughout its lease term and for a period of one year thereafter, so that
each such document and the information therein, is available to enforcement
personnel. The name and phone number of a 24-hour contact shall be
permanently posted on the exterior of the premises or structure or other
accessible location, in a manner subject to the review and approval of the city
manager or designee.
(4) Entire unit. Only entire apartment units and townhomes, as defined in section
114-1, legally created pursuant to applicable law, may be rented under this
section, not individual rooms or separate portions of apartment units or
townhomes.
(5) Rules and procedures. The city manager or designee may adopt
administrative rules and procedures, including, but not limited to, application and
permit fees, to assist in the uniform enforcement of this section.
(6) Signs. No signs advertising the property for short-term rental are permitted on
the exterior of the property or in the abutting right-of-way, or visible from the
abutting public right-of-way.
(7) Etfect of violations on /lcensure. Approvals shall be issued for a one-year
period, but shall not be issued or renewed if violations on three or more separate
days at the unit, or at another unit in the building owned by the same owner or
managed by the same person or entity, of this section, issued to the short{erm
rental licensee were adjudicated either by failure to appeal from a notice of
violation ora special master's determination of a violation, within the 12 months
preceding the date of filing of the application.
(8) Resorf faxes. Owners are subject to resort taxes for rentals under this
section, as required by city law.
(9) Association rules. Where a condominium or other property owners
association has been created that includes the rental property, a letter from the
association dated not more than 60 days before the filing of the application,
stating the minimum rental period and the maximum number of rentals per year,
as set forth under the association's governing documents, and confirming that
shortterm rentals as proposed by the owner's application under subsection (O(1)
409
above are not prohibited by the association's governing documents, shall be
submitted to the city as part of the application. lf the applicant, after best efforts,
is unable to obtain such a letter from the association, he or she may submit the
latest version of the association's documents to the city attorney's office for
confirmation of the above.
(10) Variances. No variances may be granted from the requirements of this
section.
(e) (O Enforcement.
(1) Violations of section 142-1111(b) shall be subject to the following fines. The
special master may not waive or reduce fines set by this section.
aA. lf the violation is the first violation: $500.00.
bE. If the violation is the second violation within the preceding 12 months:
$1,500.00.
eQ. lf the violation is the third violation within the preceding 12 months:
$5,000.00.
dq. lf the violation is the fourth violation within the preceding 12 months:
$7,500.00.
eE. lf the violation is the fifth or greater violation within the preceding 12
months: suspension or revocation of the certificate of use allowing short-
term rental.
Fines for repeat violations by the same offender shall increase regardless
of locations.
(2) ln addition to or in lieu of the foregoing, the city may seek an injunction by a
court of competent jurisdiction to enforce compliance with or to prohibit the violation of
this section.
(3) Any code compliance officer may issue notices for violations of this section,
with enforcement of subsection 142-1111(a) and alternative enforcement of subsection
142-1111(b) as provided in chapter 30 of this Code. Violations shall be issued to the
owner, manager, real estate broker or agent, or authorized agent, or any other individual
or entity that participates in or facilitates the violation of this section. ln the event the
record owner of the property is not present when the violation occurred or notice of
violation issued, a copy of the violation shall be served by certified mail on the owner at
its mailing address in the property appraiser's records and a courtesy notice to the
contact person identified in subsection (dgx3) 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 re-lettered 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.
410
SECTION 4. SEVERABILITY.
lf 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
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
December 17,2014
2015
day of 2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
\-,,((r{#
Verified By:
Planning Director
Underline = new language
S+i*e$reugh = deleted language
T:\AGENDA\2O14\November\RM-1 Collins Park STR - ORD First Read OC.docx
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