2007-3554 Ordinance
2007-3554
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 118 "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE II "BOARDS," DIVISION 5 "BOARD OF ADJUSTMENT"
SECTION 118-131 "MEMBERSHIP" TO CHANGE THE TERM OF THE
BOARD MEMBERSHIP FROM ONE TO TWO YEARS; PROVIDING
FOR REPEALER; CODIFICATION; SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Section 118-131 of the City Code governs the membership of the Board of
Adjustment, and largely tracks the language of Article 1, Section 2 of the City's Related Special
Acts; and
WHEREAS, Section 118-131 states that the Board of Adjustment shall consist of seven
voting members, and specifies that board members shall be appointed for a term of one year by
a five-sevenths vote of the city commission; and
WHEREAS, at the September 6, 2006 meeting, the City Commission approved
Resolution 2006-26277, placing a question on the ballot asking the electorate if the Related
Special Acts of the City's Charter should be amended to change the term of appointment for
Board of Adjustment members from one year to two year staggered terms.; and
WHEREAS, On November 7, 2006, the electorate voted to approve the ballot question,
to amend the Related Special Acts of the Charter; and
WHEREAS, an ordinance is necessary to amend the Land Development Regulations of
the City Code in order to reflect the change in the Charter;
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 " "Boards,"
Division 5 "Board Of Adjustment" Section 118-131 "Membership" is hereby amended as follows:
Sec. 118-131. Membership.
The board of adjustment shall be composed of seven voting members. Two members shall be
appointed as citizens at-large and five members shall be appointed from each of the following
categories (no more than one per category), namely: 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; the member representing general business shall be of
responsible standing in the community. Members shall be appointed for a term of two eRe year~
by a five-sevenths vote of the city commission. Members of the board must be either residents
of or have their principal place of business in the city.
SECTION 2. 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 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 a
PASSED and ADOPTED this 11 th day of Apr'
,2007.
A~a Pttl~
CITY CLERK
First Reading:March
Second Reading:Ap
APPROVED AS TO
~ FORM AND LANGUAGE
& FOR EXECUTION
""iJI- City Attorney ~
Verified by:
Underscore dotes new language
Strikethrough denotes deleted language
T:\AGENDA\2007\apr1107\Regular\BOA membership terms ord 4-11-2007.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118
"Administration And Review Procedures," Article II "Boards," Division 5 "Board Of Adjustment" Section
118-131 "Membership" To Change The Term Of The Board Membership From One To Two Years;
Providinq For Repealer; Codification; Severabilitv And An Effective Date.
Ke Intended Outcome Su orted:
Increase satisfaction with development and growth management across the City.
Issue:
Shall the City Commission approve ordinance, codifying the change to the Charter, increasing the
Board of Ad'ustment membershi term to two ear sta ered terms?
Item Summarv/Recommendation:
On November 7,2006, the electorate voted to approve a ballot question amending the Related Special
Acts of the City's Charter to change the term of appointment for Board of Adjustment members from one
year to two year staggered terms.
This ordinance simply amends the Land Development Regulations of the City Code in order to codify the
changes to the Charter that have already been approved,
On March 14,2007, the City Commission approved the ordinance on first reading.
Adviso Board Recommendation:
On Janua 23, 2007, the Plannin Board recommended a roval of the ordinance.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
aSPI Total
Financial Impact Summary: n/a
Cit Clerk's Office Le islative Trackin
Jorge Gomez, Planning Director
tant City Manager
City Manager
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MIAMIBEACH
AGENDA/TEM
DATE
RSD
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and Members of the City Commission
FROM:
Jorge M. Gonzalez, City Manager ~
April 11, 2007 a {/
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE BY AMENDING CHAPTER 118 "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE II "BOARDS," DIVISION 5 "BOARD OF
ADJUSTMENT" SECTION 118-131 "MEMBERSHIP" TO CHANGE THE TERM
OF THE BOARD MEMBERSHIP FROM ONE TO TWO YEARS; PROVIDING
FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE
DATE.
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the ordinance upon second reading public hearing.
BACKGROUND
At the September 6,2006 meeting, the City Commission approved Resolution 2006-26277,
placing a question on the ballot asking the electorate if the Related Special Acts of the City's
Charter should be amended to change the term of appointment for Board of Adjustment
members from one year to two year staggered terms.
On November 7,2006, the electorate voted to approve the ballot question, to amend the
Related Special Acts of the Charter.
This proposed ordinance would amend the Land Development Regulations of the City Code
in order to reflect the change in the Charter.
On January 23, 2007, the Planning Board recommended approval of the ordinance. On
March 14,2007, the City Commission approved the ordinance on first reading.
ANAL YSIS
Section 118-131 of the City Code governs the membership of the Board of Adjustment, and
largely tracks the language of Article 1, Section 2 of the City's Related Special Acts. It states
that the Board of Adjustment shall consist of seven voting members, specifies the required
composition of the board from a number of professions, and defines the role of the Board to
hear and decide variances and administrative appeals.
This section also specifies that board members shall be appointed for a term of one year by
a five-sevenths vote of the city commission.
Board of Adjustment Membership Terms Ordinance
Apri/11, 2007
Page 2 of 2
However, for all the other land use boards of the City (Planning Board, Historic Preservation
Board, and Design Review Board), the City Code specifies that members terms shall be for
two years.
The practice of appointing board members for two year terms, on a staggered rotation, has
in past ensured that a reasonable number of board members have served on the various
land use boards for at least some time, and that some continuity and "institutional memory"
can be maintained. Conversely, the Board of Adjustment members have in past expressed
the desire that their board could also have two year staggered terms, to avoid the constant
problem of new members all coming on to the board at the same time.
CONCLUSION
This ordinance simply amends the Land Development Regulations of the City Code in order
to reflect the changes to the Charter that have already been approved.
JMG/TH/JGG/RGL
T:\AGENDA\2007\apr1107\Regular\BOA Membership Terms summary 4-11-2007.doc
.
~ MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NDTlCE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, April 11, 2007, to consider the following:
, 10:15 a.m.
I, M Ordinance Amending Ordinance No.789, The ClasSified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Classifications
In Group III, Represented By The International Association Of Rrefighters (lAFF) In Accordance With The Negotiated Agreement; Effective In The First Pay Period
. Ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of Each Pay Range Will
Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In October Of 2007, There Shall Be An Across The Board Wage Increase Of
Ave Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Five Percent (5%); Effective In The Rrst Pay Period
'Ending In October 2008, There Shall Be An Across The Board Wage Increase Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will
Also Be Increased By Four Percent (4%); Repealing All Ordinances In Conflict,
Inquiries may be directed to the Human Resources Department at (305) 673-7520,
1~6a~ _
An Ordinance Amending Ordinance No, 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of
Mnual And Sick Leave For The International Order Of Firefighters (IAFF), '
Inquiries may be directed to the Human Resources Department at (305) 673-7520,
10:17 a.m.
M Ordinance Amending Article V, Occupational License Tax, Sections 102-356 Through 102-385 Thereof, By Changing The Term "Occupational License Tax"
To "Local Business Tax"; Defining The Term "Receipt" As It Relates To Business Taxes; All Such Amendments Amending Provisions In The Aforementioned City
Code Sections To Conform With The Recent Amendment To Chapter 205, Florida Statutes (Pursuant To Chapter 2006-152, Laws Of Florida, And House Bill No,
)269)
IlXluiries may be directed to the Rnance Department at (305) 673-7466,
10:18 a.m. ,
M Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118 "Administration And Review Procedures," Article II
"Boards," Division 5 "Board Of Adjustment" Section 118-131 "Membership" To Change The Term Of The Board Membership From One To Two Years,
Inquiries may be directed to the Planning Department at (305) 673-7550.
10'.20 a.m.
M Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 118, "Administration And Review Procedures," Article VIII,
"Procedure For Variances And Administrative Appeals", Section 118-353 "Variance Applications," To Prohibit Variances For The Maximum Number Of Stories,
Or Any Maximum Building Height Variance Greater Than Three (3) Feet. .
, Inquiries may be directed to the Planning Department at (305) 673-7550,
10:30 a.m.
, An Ordinance Amending Chapter 6 Of The Miami Beach City Code Entitled "Alcoholic Beverages' By Amending Article I Thereof Entitled "In General," By
Amending Section 6-3 Entitled "Hours Of Sale," By Providing For Extended Hours Of On-Premises Consumption Of Alcoholic Beverages For Certain Alcoholic
Beverage Establishments And Under Certain Specified Conditions On January 1 st (New Ytar's Day), And During Other Major Event Days And Weekends As May
Be Designated By The City Manager, '
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
10:45 a.m.
An Ordinance Amending Miami Beach City Code Chapter 18 Entitled "Businesses" By Repealing Article 't-J Thereof Entitled "Street Performers And Art
Vendors," And Replacing Therewith A New Article XV Entitled "Street Performers And Art Vendors," Authorizing Street Performers And Art Vendors On "Lincoln
Road" (As Defined Herein) Following Receipt Of A Permit Subject To Certain Conditions And Permit Fees; Providing Definitions, Setting Forth Terms, Conditions
And Regulations For Permits Issued To Street Performers And Art Vendors; Providing For Enforcement, Suspension Or Revocation,
Inquiries may be directed to the City Manager's Office at (305) 673-7010,
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 st Floor, City Hall, Miami Beach, Florida 33139, Copies of these ordinances are available for
public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139,
This meeting may be 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, Fla, Stat., 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
admissi~n of otherwise inadmissible or irrelevant evidt~ce, nor does it authorize challenges or appeals not otherwise allowed by law,
I To request this material in accessible format, sign language interpreters, information on access for persons with 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(TTY) five days in advance to
I, Initiate your request, TTY users may also call 711 (Florida Relay Service), .
l Ad #431
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