200-2000 LTC
CITY OF MIAMI BEACH
C;TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
L T C N 200:200~)
. . . o. ,"
'~ '. ~.
(.)
#"
~..' ~ J'
LETTER TO COMMISSION
June 14,2000
." \
,I)
'.'
.""
\ \
,'.'''\
":.."
......
.i'-
",......
(~.)
f-r\
6'
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrenc~o~Le:p ~
City Ma~,1.A
Jorge G. GO~Z JfII.-
Director of P1~ and Zoning
VIA:
FROM:
SUBJECT:
INFORMING LAND USE BOARDS OF PENDING LEGISLATION
At the June 7, 2000 City Commission meeting, during the public hearing on the proposed amending
ordinance relating to Covenants in Lieu of Unity of Title (Item R5E), it was requested that the
process by which the City's advisory boards and commissions are kept informed of pending
legislation be defined and clarified.
Proposed amendments to the Land Development Regulations are normally initiated by the City
Commission, although the various Boards do have standing to propose amendments which pertain
to their field of expertise. Proposed ordinance changes initiated by the Commission are generally
referred to the Planning Board, or sometimes to the Land Use and Development Committee, for
review. However, the Commission may also refer a proposal to another Board first, for example to
the Historic Preservation Board if the proposal is involved with Historic Preservation or the City's
Historic Districts.
With regard to the City's Land Use Boards (Board of Adjustment, Design Review Board, Historic
Preservation Board, and Planning Board), it has been the policy of the Administration, for any
legislation which is proposed that affects a particular Board, to be brought before that Board for
review before it moves on through the process of review, public hearing and adoption. For instance,
before bringing to the Planning Board and City Commission a proposed amendment to the Land
Development Regulations which would change the composition of a particular Board, or the
operations, regulations or policies dealing with that Board, the proposed amendment would normally
be brought before the Board in question for review and discussion. The comments of that Board are
then incorporated into the staff reports presented to the Planning Board and City Commission.
Generally, this applies to all but the most minor ordinance amendments.
Informing Land Use Boards of Pending Legislation
June 9, 2000
Page 2
In light of the discussion held during the June 7, 2000 Commission meeting, the Planning
Department will immediately undertake the inclusion in the Land Use Board's agenda packages a
notice of all proposed ordinance pending before the Planning Board that month (see attached
example). This will be similar to the informational item placed in the Commission agenda each
month detailing that month's Planning Board agenda, and to the notice of public hearings published
in the Miami Herald Neighbors section. Then, at the various Land Use Board meetings, if the
members of the Board wish to discuss further any of the pending legislation, Planning Department
staff will be available for their information. In this way, it is hoped to keep the Land Use Boards
even more informed than at present.
~
LALlJGG/RGLlrgl
F:IPLAN\$ALLICM_RESPIHPINFORM.L TC
CITY OF MIAMI BEACH
PLANNING BOARD
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that the Miami Beach Planning Board will hold a regular
meeting on TUESDAY, JUNE 27, 2000 at 3:00 P.M. in the City Commission Chambers, Third
Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
During this meeting, the Planning Board will hold a public hearing to consider the following
conditional use applications:
1. Progress Report - Outdoor Entertainment Establishment - 940 Ocean Drive
The Applicant, Breakwater Cafe (located at the Breakwater Hotel), Received Conditional
Use Approval on February 29, 2000, in Order to Operate an Outdoor Entertainment
Establishment at 940 Ocean Drive. (File #1428).
2. Comprehensive Plan Text Amendment - Transportation Concurrency Management
Areas (TCMAs)
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida,
Amending the Traffic Circulation and Capital Improvement Elements of Part II: Goals,
Objectives and Policies, of the City of Miami Beach Comprehensive Plan, as Amended; by
Establishing Transportation Concurrency Management Areas (TCMAs), and Establishing
Areawide Level of Service Standards for Specific Roadways; Directing Transmittals of this
Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer,
Severability, Inclusion in the Comprehensive Plan and an Effective Date.(File # 1439).
3. Lot Split - 5360 LaGorce Drive
The Applicant, Breakstone Homes, is appealing the decision of the Planning and Zoning
Director to deny a proposed division of property (Lot Split) made pursuant to Section
118-321 through 118-323, relative to the division of property consisting of Lots 7 and 8,
Block .11, BEACH VIEW (Plat Book 9, Page 158) at 5360 LaGorce Drive, in order to
effectuate said division of property. (File #1463)
4. Ordinance - Comprehensive Modifications to the Historic Preservation Board and
Historic Preservation Sections of the Code
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 118, Article II, Division 4, Entitled "Historic Preservation Board" by
Amending Section 118-101 to Clarify the Authority of the Board, by Amending Section 118-
102 to Expand and Clarify the Role of the Board, by Amending Section 118-103 to Modify
the Membership Requirements of the Board, by Amending Section 118-106 to Modify the
Quorum Requirements of the Board, by Amending Section 118-107 to Clarify the Meeting
Requirements of the Board, by Amending Section 118-108 to Clarify the Organization of the
Board, by Amending Chapter 118, Article X, Division 1, Entitled "Historic Preservation" by
Amending Section 118-503 to Clarify, Expand and Enhance the Scope and Exemptions of
the Board, by Amending Chapter 118, Article X, Division 2, Entitled "Historic Preservation
Board and Design Review Board Joint Review of Projects" by Amending Section 118-531
to Clarify the Procedures ofthe Historic Preservation Board and Eliminate the Joint Design
ReviewIHistoric Preservation Board, by Amending Section 118-532 to Clarify the Role of
the Historic Preservation Board, to Establish Time Periods for Obtaining a Full Building
Permit for Certificates of Appropriateness and to Clarify the Procedures for the Maintenance
of Designated Properties, by Amending Section 118-533 to Clarify the Procedures, by
Amending Section 118-534 to Clarify Procedures Pertaining to the Historic Properties
Database, by Amending Section 118-535 to Delete the Procedures Pertaining to the City
CenterIHistoric Convention Village Redevelopment and Revitalization Area, by Amending
Section 118-536 to Clarify Variances Prohibited, by Amending Section 118-537 to Amend,
Clarify and Expand the Requirements and Procedures for Rehearings and Appeals, by
Amending Chapter 118, Article X, Division 3, Entitled "Issuance of Certificate of
Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition" by
Amending Section 118-561 to Amend and Clarify the General Requirements, by Amending
Section 118 - 562 to Expand and Clarify the Application Requirements for Certificates of
Appropriateness for Demolition, by Amending Section 118 - 563 to Clarify, Modify and
Expand the Review and Appeal Procedures for Certificates of Appropriateness, Eliminating
the Requirement That the Historic Preservation Board Take Action Within a Specified Period
of Time, to Establish a Two-Step Review Procedure and a Preliminary Evaluation Procedure,
by Amending Section 118-564 to Expand and Modify the Review Criteria for Certificates
of Appropriateness, to Amend the Procedures for Obtaining a Demolition Permit and to
Establish Time Periods for Obtaining a Full Building Permit for Certificates of
Appropriateness for Demolition, by Modifying Section 118-565 to Clarify Special Review
Procedures, by Amending Chapter 118, Article X, Division 4, Entitled "Designation" by
Amending Section 118-591 to Modify the Designation Procedures, by Amending Section
118-593 to Amend the Timeframes for Obtaining a Demolition Permit Pursuant to Historic
Designation and to Modify and Expand the Procedures for the Application of Equitable
Estoppel, by Amending Appendix "A", Entitled "Fee Schedule" to Address the Proposed
Amendments to the Historic Preservation Section ofthe Code; Providing for Inclusion in the
City Code; Providing for Repealer, Severability and an Effective Date. (File #1461)
5. Ordinance - After-Hours Dance Halls - Hours of Operation
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida
Amending the Code of the City of Miami Beach, Florida, Amending Chapter 114 Entitled
"General Provisions", Section 114-1 Entitled "Definitions" ; Amending Division 6, Entitled
"Entertainment Establishments", of Article V, Entitled "Specialized Use Regulations", of
Chapter 142, Entitled "Zoning Districts and Regulations by Amending Section 142-1361,
Entitled "Definitions", Section 142-1362, Entitled "Review Guidelines", Section 142-1363,
Entitled "Appeal of a Determination Regarding Outdoor Entertainment Establishment, Open
Air Entertainment Establishment or a Neighborhood Impact Establishment.", and Section
142-1364, Entitled "Hours of Operation for After-hours Dance Halls", by Creating a
Definition of After-hours Dance Hall, by Including Such After-hours Dance Halls in the
Entertainment Establishments Section of the Code, and by Setting Hours of Operation for
Such After-hours Dance Halls; Providing for Inclusion in the Code of the City of Miami
Beach, Florida; Repealer; Severability; and an Effective Date. (File #1466)
All Persons 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
("Department"), 1700 Convention Center Drive, 2nd Floor, City Hall, Miami Beach, Florida 33139.
The Applications, Ordinances, and All Documents Related Thereto Are Available for Public
Inspection During Normal Business Hours in the Office of the Department. Inquiries May Be
Directed to the Department at (305) 673-7550. Any of the above items may be continued to another
meeting date and, under such circumstances, further advertised legal notice may not be provided.
Items continued from previous meetings are listed above for informational purposes. Any person
may contact the Department at (305) 673-7550 for information as to the status of any item following
the meeting.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides
to appeal any decision made by this Board with respect to any matter considered at its meeting or its
hearing, such person must insure 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 Should Contact the Board's Administrator No Later
than Four Days Prior to the Proceeding. Telephone (305) 673-7550 for Assistance; If Hearing
Impaired, Telephone the Florida Relay Service Numbers, (800) 955-8771 (TDD) or (800) 955-8770
(Voice), for Assistance.
* * * *