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Home My WebLink About2006-26278 Reso RESOLUTION NO. 2006-26278 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY OF MIAMI BEACH'S RELATED SPECIAL ACTS SECTION 2 REGARDING BOARD OF ADJUSTMENT SHOULD BE AMENDED TO PROHIBIT THE BOARD FROM GRANTING ANY HEIGHT VARIANCE GREATER THAN 3 FEET OR ANY VARIANCE FROM A PROPERTY'S ALLOW ABLE NUMBER OF STORIES (FLOORS). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter ofthe City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 7,2006, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance ofthe certification ofthe results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. 1 SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 111 Northwest 1st Street, Suite 112, Miami, Florida 33130; Mailing Address: P.O. Box 521550, Doral, Florida 33152-1550; Telephone: (305)375-5553. SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of S 1 00.342, Florida Statutes, and Section 38-3 ofthe Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GWEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 7TH DAY OF NOVEMBER, 2006, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 2 BOARD OF ADJUSTMENT: RESTRICTING CERTAIN HEIGHT V ARIANCES AND STORY (FLOOR) VARIANCES SHALL THE CITY'S RELATED SPECIAL ACTS, SECTION 2 REGARDING "BOARD OF ADJUSTMENT" BE AMENDED TO PROHIBIT THE BOARD FROM GRANTING ANY HEIGHT VARIANCE GREATER THAN 3 FEET OR ANY VARIANCE FROM A PROPERTY'S ALLOWABLE NUMBER OF STORIES (FLOORS)? YES NO SECTION 7. That the official ballot to be used in the Special Election to be held on November 7,2006, hereby called shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" BOARD OF ADJUSTMENT: RESTRICTING CERTAIN HEIGHT VARIANCES AND STORY (FLOOR) VARIANCES SHALL THE CITY'S RELATED SPECIAL ACTS, SECTION 2 REGARDING "BOARD OF ADJUSTMENT" BE AMENDED TO PROHIBIT THE BOARD FROM GRANTING ANY HEIGHT VARIANCE GREATER THAN 3 FEET OR ANY VARIANCE FROM A PROPERTY'S ALLOWABLE NUMBER OF STORIES (FLOORS)? YES NO SECTION 8. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. 3 SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This resolution shall be effective immediately upon it:~asige; ""J PASSED and ADOPTED this 6th day ofSeptem~r, 2Q06,/ ! ! ATTEST: i6tRK P~Lk David Dermer Robert Parcher APPROVED AS 10 FORM & lA"lGUAGE & FOR CUlION · J'1;.'-106 4 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: MAYOR DAVID DERMER, MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GONZALEZ DATE: SEPTEMBER6,2006 FROM: CITY ATTORNEY JOSE SMIT SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,2006, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY OF MIAMI BEACH'S RELATED SPECIAL ACTS SECTION 2 REGARDING BOARD OF ADJUSTMENT SHOULD BE AMENDED TO PROHIBIT THE BOARD FROM GRANTING ANY HEIGHT VARIANCE GREATER THAN 3 FEET OR ANY VARIANCE FROM A PROPERTY'S ALLOWABLE NUMBER OF STORIES (FLOORS). At the request of Commissioner Matti Bower, on July 12, 2006 the City Commission considered a proposed ballot measure for the City's November 7, 2006 ballot which would restrict the Board of Adjustment's power to grant height variances--the Commission referred this matter to the Land Use Committee, and at its meeting of August 16,2006, the Land Use Committee recommended that the Board of Adjustment be prohibited from granting any height variance greater than 3 feet, and that the Board be prohibited from granting any variance from a property's allowable number of stories (floors). Accordingly, the attached Resolution has been drafted calling for a November 7, 2006 Special Election to consider the following ballot question amending the City's Special Related Special Acts: BOARD OF ADJUSTMENT: RESTRICTING CERTAIN HEIGHT VARIANCES AND STORY (FLOOR) VARIANCES SHALL THE CITY'S RELATED SPECIAL ACTS, SECTION 2 REGARDING "BOARD OF ADJUSTMENT" BE AMENDED TO PROHIBIT THE BOARD FROM GRANTING ANY HEIGHT VARIANCE GREATER THAN 3 FEET OR ANY VARIANCE FROM A PROPERTY'S ALLOWABLE NUMBER OF STORIES (FLOORS)? The attached Resolution is in proper form and is thus ready for the City Commission's review. Agenda Item Date ~70 9-h-ov F:\atto\OLIJ\ELECTION\RESO\CMEMO\Brd of Adj Restr Height and Floor Variances. doc PROPOSED BALLOT QUESTION AND TEXT - NOVEMBER 7,2006 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION BOARD OF ADJUSTMENT: RESTRICTING CERTAIN HEIGHT VARIANCES AND STORY (FLOOR) VARIANCES SHALL THE CITY'S RELATED SPECIAL ACTS, SECTION 2 REGARDING "BOARD OF ADJUSTMENT" BE AMENDED TO PROHIBIT THE BOARD FROM GRANTING ANY HEIGHT VARIANCE GREATER THAN 3 FEET OR ANY VARIANCE FROM A PROPERTY'S ALLOWABLE NUMBER OF STORIES (FLOORS)? II. PROPOSED RELATED SPECIAL ACTS TEXT Sec. 2. Appointment, composition and duties of board of adjustment. The board of adjustment shall consist of seven voting members. The members shall consist of the following: One member shall be appointed from one of the following professions or callings: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, and general business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community, and each member shall be bound by the requirements of the Conflict of Interest Ordinance of the city and shall be subject to removal from office for the violation of the terms thereof. No member shall have any financial or other interest in any matter coming before the board. Members shall be appointed for a term of one year by a five-sevenths vote of the city commission. Members of the board of adjustment must be either residents or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the board of adjustment. Such board of adjustment shall hear and decide appeals from, and review, any order, requirements, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance of the City of Miami Beach. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said Zoning Ordinance, the board of adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use ofland, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In no case shall the board have any power to amend the Zoning Ordinance with reference to the use of land, or jurisdiction over any request for variance which shall constitute an amendment to the Zoning Ordinance as to the use of land, nor shall the board have power to grant a height variance greater than 3 feet or any variance from a property's allowable number of stories 5 (floors). The board shall fix a reasonable time for the hearing of any matter before it and shall give due notice thereof to the parties. Upon the hearing, any person may appear in person or by agent or by attorney. The board may require that all testimony given before it shall be under oath. Any order or decision of the board of adjustment shall require an affirmative five-sevenths vote of the board. The decision of the board of adjustment shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. All variance requests shall be first submitted to the city attorney for a determination whether the requested variance is properly such, and does not constitute a change or amendment to the Zoning Ordinance. The jurisdiction of the board of adjustment shall not attach unless and until the board has before it a written certificate ofthe city attorney that the subject matter ofthe request is properly before the board. The separate written recommendations ofthe planning and zoning director and ofthe public works director shall be before the board prior to its consideration of any matter before it. (Laws of Fla., 1923, ch. 9837, S 7; election of5-29-62; election of11-5-68; election of 4-23-70; election of3-8-77; election of 11-1-77; Res. No. 2003-25391, election of 11-4-03) F:\atto\OLIJIELECTION\RESO\Brd of Adj Height & Floor Variances. doc 6