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2004-3465 Ordinance ORDINANCE NO. 2004-3465 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, FLORIDA, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE XI, "NEIGHBORHOOD CONSERVATION DISTRICTS," BY CREATING A NEW SECTION 118-708, ENTITLED "ENFORCEMENT OF NCD REGULATIONS AND CRITERIA; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS,"; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is distinguished by an extraordinary collective experience of residential neighborhoods; and WHEREAS, the scale, character and quality of life in the neighborhoods of Miami Beach must be continually nurtured and safeguarded for future generations; and WHEREAS, the City Commission has deemed it appropriate for the public health, safety and welfare of the City through the Future Land Use Section of the Comprehensive Plan to maintain and enhance the special character of residential neighborhoods ofthe City; and WHEREAS, the City Commission has adopted the "Neighborhood Conservation District" enabling ordinance as an appropriate land development overlay tool in further achieving this objective; and WHEREAS, the thoughtful development of specific Neighborhood Conservation Districts will require that fundamental elements key to their success be identified and appropriately regulated during the public review process; and WHEREAS, the enforcement ofNCD regulations and criteria and the application of equitable estoppel to permits and approvals as set forth below is necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 118, "Administration and Review Procedures," Article XI, "Neighborhood Conservation Districts" of the Land Development Regulations of the Code of the City of Miami Beach, Florida, is hereby amended by adding section 118-708, Enforcement ofNCD regulations and criteria; application of equitable estoppel to permits and approvals, as follows: Sec. 118-708. Enforcement of NCD rel!:ulations and criteria: application of equitable estoppel to permits and approvals. (a) Following the preliminary review public hearing. a referral by the City Commission to the Planning Department to pursue a proposed NCD designation shall impose the requirement that all applications and! or requests for design and! or development review approval within a proposed NCD shall be consistent with the character and intent of the proposed NCD as defined by the criteria set forth in the preliminary evaluation and recommendation prepared by the Planning Department. (b) Such requirement in (a) above shall expire upon the earlier of either the favorable recommendation of the NCD designation by the Planning Board. the effective date of the adopted NCD. a final vote of the City Commission declining to adopt the NCD. or six (6) months following the referral. unless the requirement in (a) is extended for an additional period of time by action of the City Commission. (c) In the event a property owner has obtained (n a design review approval. (ii) a certificate of appropriateness. (iin a variance approval where no design review approval or certificate of appropriateness is required. or (iv) a full building permit as defined in Section 114-1 where no design review approval. certificate of appropriateness or variance approval is required. prior to the referral in (a) above. the NCD criteria provided for in (a) above shall not be enforced against such proiect or application. 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, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. 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. 2 PASSED and ADOPTED this 10th day ,2004. SECTION 5. EFFECTIVE DATE. This ordinance adoption. ~r~ C TY CLERK If'l1.ot DATE ROVED AS TO aRM & LANGUAGE & FOR EXECUTION ~~ CITY T ORNEY ~ j () - 5- 0 l.-( DATE F:\PLAN\$ALL\Neighborhood Conservation Districts\City Commission\NCDinterimcontrolsamend708.0rdCC1 sl.1 0.13.04.doc F:\atto\HELG\Ordinances\NCDinterimcontrolsamend 1st reading.1 01304.doc 3 (REFERENCE ONL Y) Sec. 118.168. Proposed land development regulation amendments; application of equitable estoppel to permits and approvals. (a) Amendments to these land development regulations shall be. enforced against all applications and/or requests for project approval upon the earlier of the favorable recommendation by the planning board or the applicable effective date of the land development regulation amendment, as more particularly provided below. After submission of a completed application for a project approval, to the extent a proposed amendment to these land development regulations would. upon adoption, render the application nonconforming, then the following procedure shall apply to all applications considered by the city or any appropriate city board: (1) In the eventthe applicant: a. Obtains (i) a design review approval, (ii) a certificate of appropriateness, (iii) a variance approval where no design review approval or certificate of appropriateness is required, or (iv) a full building permitas defined in section 114-1 where no design review approval, certificate of appropriateness or variance approval is required; and b. Satisfies subsection a., above, prior to a favorable recommendation by the planning board with respect to any land development regulation amendment that is adopted by the city commission within 90 days of the planning board's recommendation, then the project shall be presumed to have received a favorable determination that equitable estoppel applies and the subject land development regulation amendment shall not be enforced against the application and/or project (hereinafter, a "favorable determination"), except as otherwise provided in subsection (b), below. If at any time before the expiration of the 90 days the proposed amendment fails before the city commission, then the project shall no longer be deemed nonconforming. (2) In the event the applicant: a. Obtains (i) a design review approval, (ii) a certificate of appropriateness, (iii) a variance approval where no design review approval or certificate of appropriateness is required, or (iv) a full building permit as defined in section 114-1 where no design review approval, certificate of appropriateness or variance approval is required; and b. Satisfies subsection a., above, prior to the effective date of any land development regulation amendment where there was an unfavorable recommendation by the planning board with respect to the land development regulation amendment, or when the planning board recommends favorably, but the city commission fails to adopt the amendment within the specified 90 day period, then the project shall be presumed to have received a favorable determination and the subject land development regulation amendment shall not be enforced against such application and/or project, except as otherwise provided in subsection (b), below. (3) In the event an applicant does not qualify under subsections (1) or (2) of this subsection (a) for a presumption of a favorable determination to avoid enforcement of adopted amendments against an application and/or project, then the applicant may seek a determination from a court of competent jurisdiction as to whether equitable estoppel otherwise exists. If, however, an applicant fails to seek a determination from the court, or if the court has made a determination unfavorable to the applicant, and such determination is not reversed on appeal, then the city shall fully enforce the adopted land development regulation amendment(s) against the applicant's application and/or project. (4) Any presumption of a favorable determination under subsections (1) and (2) of this subsection (a), or any favorable determination under subsection (3) of this subsection (a), shall lapse contemporaneously with the failure, denial, expiration, withdrawal, or substantial amendment of the application, approval, or permit relative to the project or application to which the favorable determination is applied. (5) For purposes of this subsection (a), all references to obtaining design review approval, a certificate of appropriateness or variance approval, shall mean the meeting date at which the respective board approved such application or approved such application with conditions. For purposes of this subsection (a), "substantial amendment" shall mean an amendment or modification (or a proposed amendment or modification) to an application, approval or permit which, in the determination of the planning and zoning director, is sufficiently different from the original application or request that the amendment would require the submission of a new application/request for approval of same. All references to obtaining a building permit shall mean the date of issuance of the permit. (6) After submission of a completed application for a project approval, to the extent a proposed amendment to the land development regulations would, upon adoption, render the application nonconforming, then the city or any appropriate city board shall not approve, process or consider an application unless and until (i) the project has cured the nonconformity or , ' the applicant acknowledges that the city shall fully enforce the adopted land development regulation amendment(s) against the applicant's application and/or project; (ii) the project qualifies under subsections (1) or (2), and subject to subsection (4), of this subsection (a), above; or (iii) a favorable determination has been made by a court. Except as otherwise provided herein, any proceeding or determination by any city employee. department, agency or board after a project becomes nonconforming shall not be deemed a waiver of the city's right to enforce any adopted land development regulation amendments. (b) Subsections 118-168(a) and (b) shall not apply to proposed amendments to chapter 118, which would designate specific properties or districts as historic. The moratorium regulations applicable to such proposed amendments are set forth in chapter 118, article X, division 4. (Ord. No. 89-2665, ~ 14-7, eft. 10-1-89; Ord. No. 92-2865, eft. 8-7-93; Ord. No. 94-2947, eff. 10-15-94; Ord. No. 98-3106, ~ 1,1-7-98; Ord. No. 98-3130, ~ 1, 7- 15-98; Ord. No. 2000-3253, ~ 1, 7-12-00) (REFERENCE ONL Y) Section 114-1 Full building permit means the full and complete building permit allowing construction of the entire project, and requiring submission of all plans required and approved by the design review board, the historic preservation board, the planning board or the board of adjustment. A full building permit shall not be merely a demolition, electrical, foundation, mechanical or plumbing permit or any other partial permit that does not include all plans for the entire project as submitted, required and approved by the design review board, the historic preservation board, the planning board or the board of adjustment; except that projects that have been approved for phased development by the design review board, the historic preservation board, the planning board or the board of adjustment may obtain a phased development permit instead of a full building permit. CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: An Ordinance of The Mayor and City Commission of the City of Miami Beach, Florida, to consider amending the adopted Neighborhood Conservation District enabling ordinance to include a new Section 118-708 creating provisions relative to the enforcement of NCD regulations and criteria and the application of equitable estoppel to permits and approvals. Issue: Should the Neighborhood Conservation District enabling ordinance be amended to allow the City Commission to initiate specific temporary design and! or development review controls within a proposed NCD? Item Summary/Recommendation: The City Administration has contemplated that due to the substantial length of the adoption process, certain aspects of a neighborhood's character key to the success of a particular NCD may be vulnerable to loss. during the process. The current ordinance, as it has been defined, would not instate specific design and or development regulations until there has been a favorable recommendation by the Planning Board; this is several steps into the adoption process. The Administration believes that the City Commission should be able to initiate certain limited regulatory controls at the time of the preliminary review public hearing; step two (2) of the adoption process. Such interim controls would be outlined in the preliminary evaluation report and would be specifically tailored to the intent of the individual NCD. This will ensure that a thoughtful development of the plan can occur, without the potential for loss of vital neighborhood character. The City Commission heard this item on first reading, October 13, 2004 and voted 5-0 ( 2 absent) to recommend the amendment for second reading public hearing on November 10, 2004. The Administration recommends that the City Commission approve the ordinance amendment on second reading public hearing. Advisory Board Recommendation: The Planning Board heard this matter at a public hearing on September 28, 2004, and voted 4-0 (3 absent) to recommend that the City Commission approve the amendment to the recently adopted Neighborhood Conservation District enabling ordinance. Financial Information: Source of Amount Account Approved Funds: 1 I I 2 Finance Dept. Total Cit Clerk's Office Le islative Trackin : Jorge G. Gomez! Reuben N. Caldwell, Planning Department Assistant City Manager City Manager (1 L AGENDA ITEM ---1?S1::1.- DATE {{-Io-ot CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ". ~ City Manager U If' D Date: November 10, 2004 Second Readino Public Hearino Subject: Interim Controls Amendment to the Adopted NeiQhborhood Conservation District EnablinQ Ordinance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE XI, "NEIGHBORHOOD CONSERVATION DISTRICTS," BY CREATING A NEW SECTION 118-708, ENTITLED "ENFORCEMENT OF NCD REGULATIONS AND CRITERIA; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS,"; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The City Administration recommends that the City Commission approve the ordinance amendment on second reading public hearing. BACKGROUND: At its September 8th, 2004 public hearing, the City Commission adopted the Neighborhood" Conservation District enabling ordinance on second reading. In addition to the request for adoption of the ordinance, the City Administration recommended that the City Commission consider amending the ordinance to include provisions for interim design and/ or development review controls. Since the City Attorney opined that the Commission should not amend substantive new language without sufficient prior notice, the City Administration in consultation with the City Attorney recommended that the City Commission adopt the ordinance as advertised with the provision that new language regarding interim controls be brought back to the Commission for future adoption subsequent to prior review by the Planning Board. Consequently, the City Commission adopted the enabling ordinance by a vote of (6-1) affirming that the Planning Department draft the amendment regarding interim controls. City Commission Memorandum Interim Controls Amendment to the Adopted Neighborhood Conservation District Enabling Ordinance Second Readina Public Hearina November 10, 2004 Page 2 of 3 ANALYSIS: In recommending that the Neighborhood Conservation District enabling ordinance be amended to allow the City Commission to initiate specific temporary design and/ or development review controls within a proposed NCD, the City administration has contemplated that due to the substantial length of the adoption process, certain aspects of a neighborhood's character key to the success of a particular NCD may be vulnerable to loss during the process. In particular, the amount of time which transpires between the City Commission's initial direction to staff to prepare an NCD plan and the formal adoption of specific design and/ or development controls by the Planning Board would likely be a minimum of three (3) months and could in some cases take six (6) months or more to achieve community consensus. During that time, a substantial number of building permits could be pulled that might threaten the ultimate success of the NCD plan. The current ordinance, as it has been defined, would not instate specific design and or development regulations until there has been a favorable recommendation by the Planning Board; this is several steps into the adoption process. Referring to the attached flow chart delineating the adoption procedures for NCDs as outlined in Section 118-705 of the adopted enabling ordinance, the process has been defined to incorporate four (4) or more public hearings in addition to required consensus building workshops; the third public meeting being the Planning Board hearing, at which time regulatory adherence to an NCD plan would be activated. The City Administration believes that the City Commission should be able to initiate certain limited regulatory controls at the time of the preliminary review public hearing; step two (2) of the adoption process. Such interim controls would be outlined in the preliminary evaluation report and would be specifically tailored to the intent of the individual NCD. For example, some NCDs may warrant interim controls on demolition, while other NCDs may be focused on customizing building setbacks or defining developable lot regulations. Finally, staff believes any interim controls associated with an NCD should remain in place throughout the development of the plan and should expire generally within a period of six (6) months or with a favorable recommendation by the Planning Board pursuant to Article III Chapter 118 of the Code at which time zoning in progress would commence. This will ensure that a thoughtful development of the plan can occur, without the potential for loss of vital neighborhood character, as identified by the intent of the NCD. CITY COMMISSION ACTION The City Commission referred the item to the Planning Board contemporaneously with the adoption of the enabling legislation on September 8,2004, by a vote of (6-1). The City Commission heard this item on first reading, October 13, 2004 and voted 5-0 (2 absent) to recommend the amendment for second reading public hearing on November 1 0, 2004. PLANNING BOARD ACTION The Planning Board heard this matter at a public hearing on September 28, 2004, and City Commission Memorandum Interim Controls Amendment to the Adopted Neighborhood Conservation District Enabling Ordinance Second Readina Public Hearina November 10, 2004 Page 3 of 3 voted 4-0 (3 absent) to recommend that the City Commission approve the amendment to the recently adopted Neighborhood Conservation District enabling ordinance. FISCAL IMPACT The amendment creates new provisions within the adopted enabling legislation not specific to a particular NCD. Therefore, adverse fiscal impact is not contemplated with the adoption of this ordinance. CONCLUSION According to Sec. 118-164, 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 requires two readings, 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. Following the second reading public hearing, the Commission can adopt the ordinance by a 5/7ths vote. JMG/C~/J~nc F:IPLANI$ALLINeighborhood Conservation DistnctslCity CommissionlNCDinterimcontrolsamend708CommMemoCC2nd11.1 0.04.doc PROCEDURES FOR ADOPTION OF ANEIGH80RHOOD CONSERVATION DISTRICT Updated from. Land Use and Development Committee Meeting June 7,2004 (a)____________________________________________________________________. REQUESTS (b)-__uuu ____uuuuuu__u____uu nnnuun----------PRELlMINARY REVIEW (d) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -DRB DISCUSSION (e) _ _ _ _ u _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ n n _ n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ FINAL ADOPTION 26 " 0 0 N 00 N Cl: w al 0 f- U 0 ,c <( 0 on Cl: :0 I f- a --' <( Cl: ill I . ill I f- E 0 u l:i ro Q; "" ;; 3 3 ~ ~ .CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS ~ NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City Of Miami ~each, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, November 10, 2004, at the times listed below to consider the following: . at 11:00 a.m.: AN ORDINANCE AMENOING ORDINANCE NUMBER 200.3-3411 BY AMENDING THE RESTRICTIONS ON THE LOCATIONS WHERE PANHANDLING is PROHIBITED ANO PROVIDiNG FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. Inquiries may be directed to the Legal Department at (305) 673-7470. at 11:15 a.m.: . AN ORDINANCE AMENDING OROINANCE NO.. 789, THE CLASSIFIED EMPLOYEES SALARY OROINANCE, BY ESTABLISHING THE CLASSIFICATIONS OF FIELD INSPECTOR I, FIELD INSPECTOR II AND PARKING DISPATCHER IN GROUP IV, 1lEI~ THOSE CLASSIFICATIONS COVERED BY THE COMMUNICATION WORKERS OF AMERICA (CWA), LOCAL"317B; TRANSFERRING THE TITLES OF THE CLASSIFICATIONS OF BACKFLOW COORDINATOR, CARPENTER SUpERVISOR, CENTRAL SERVICES SUPERVISOR, LEAD MECHANIC, SANITATION OPERATIONS SUPERVISOR, SERVICE SUPERVlSOR,ANO 911 COMMUNICATIONS RECOROS CUSTODIAN FROM GROUP VI, BEING OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT, TO GROUP V, BEING THOSE CLASSIFICATIONS COVERED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIOA (GSAF), OPEIU LOCAL 100; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE AND CODIFICATION. at 11:16 a.m.: ' '.> ., AN ORDINANCE AMENDING OROINANCE NO.. 160.5, UNCLASSIFIED EMPLOYEES SALARY ORDINANCE, ESTABUSl'liNG l!:IE CLASSIFICATIONS OF CODE COMPLIANCE DIVISION DIRECTOR, CULTURAL FACILITIES MANAGER, FIELD MONlTOII, GEOGRAPHIC INFORMATION SYSTEM ANALYST, HUMAN RESOURCES & RISK MANAGEMENT DIRECTOR, NElGHBORHOOD SERVICES PROJECTS ADMINISTRATOR ANO SENIOR MANAGEMENT ANALYST; AMENOING THE TITLES OF. THE CLASSIFICATIONS OF BEACH PATROL CAPTAIN TO OCEAN RESCUE OIVISION CHIEF, FIELD INSPECTOR TO FlEUl SUPERVISOR, MANAGEMENT & BUDGET DIRECTOR TO BUDGET & PERFORMANCE IMPROVEMENT DIRECTOR, AND.RIGHT OF WAY SUPERVISOR TO RIGHT OF WAY MANAGER; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE; AND rODlFICATION. at 11:17 a.m.: . ' ,. AN ORDINANCE AMENDING ORDINANCE NO. 1335, THE CLASslFlED EMPLOYEES' LEAVE ORDiNANCE, BY AMENDlNGiHE PROVISIONS FOR ACCUMULATION AND PAYMENT DF ANNUAL ANO SICK LEAVE FOR THE FRATERNAL ORDER OFJ'OUC.E (FOP), THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), AND CLASSIFIED EMPLOYEES NOT COVERED OYA BARGAINING UNIT ANO KNOWN AS THE GROUP "OTHERS" PROVIOING FOR A REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. at 11:1B a.m.: .. Af'J ORDINANCE AMENDING DRDINANCE NO. 1613, THE UNCLASSIFIEO EMPLOYEES' LEAVE OROINANCE, BY AMENDiNG THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL ANO SICK LEAVE; PROVIOING FOR A Ra'EALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Inquiries may be directed to Human Resources at (305) 673-7524. at 11:30 a.m.: AN ORDINANCE AMENDING CHAPTER 142, "LANO DEVELOPMENT REGULATIONS," OF THE CITY CODE; DIVISION 7."CCC, CIVIC ANO CONVENTION CENTER DISTRICT,"BY CREATING A NEW SECTION 142-368 ENTITLED "OFFSITE PARKING," PROVIDING THAT REQUIRED PARKING PROVIDED FOR USES IN THIS OISTRICT, LOCATEO OFF-SITE PURSUAtfT TO SECTION 130.-36, SHALL NOT BE INCLUDED IN PERMITTED FLOOR AREA WHEREVER LOCATED; PROVIDING FQR COOIFICATION, REPEALER, SEVERA81L1TY AND EFFECTIVE OATE. . '. at 5:01 p.m.: AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,OY AMENDING CHAPTER 142, "ZONING OISTRICTS ANO REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS., DMSlON 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-l RESIOENTIAL MULTIFAMILY lOW.INTENSIT'!:"'1 SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY," AND DIVISION 15, "TH TOwtjHOUSl: RESIDENTIAL DISTRICT, "BY AMENDING SECTION 142-156, SECTION 142-218 ANO SECTION 142-606, RESPECTIVELY, ro . ESTABLISH REVISED STANDARDS FOR PARKING LOT SETBACK REQUIREMENTS WHEN THERE IS AN APPROVE!} srAttT I IMPROVEMENT PLAN THAT INCORPORATES A PUBLIC-PRIVATE PARKING AGREEMENT WITH THE CITY; PROVIDING fOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE OATE. Inquiries may be directed to the Planning Oepartment at (305) 673-7550. at 5:05 p.m.: AN ORDINANCE AMENOING THE LAND DEVELOPMENT REGULATIONS OF THE COOE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENOING CHAPTER 118, "ADMINISTRATION ANO REVIEW PROCEDURES," ARTICLE XI, "NEIGHBORHOOD CONSERVATION DISTRICTS," BY CREATING A NEW SECTION 118-708, ENTITLEO "ENFORCEMENT OF NCD REGULATIONS ANO CRITERIA; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS," PROVIDING FOR CODIFlCATIllN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. .. . . ,liquiries may be directed to the Planning Department at (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their YleW81n writing addressed to the City Commission, c/o the City Clerk, 1700. Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances addilionallegal notice WOlJId not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stal., the City hereby advises the public that: if a person decides to app8al any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, suchperllQf1 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 b~ the City for the introduction or admission Of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowell bylaw. To request this material in accessible format, sign language interpreters, information on access for persons vilth disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218 (TlY) five days in advance to initiate your requesl. TTY users may lIlso call 711 (Florida Relay Service). . (Ad #0285)