2007-26696 ResoRESOLUTION NO. 2007-26696
A RESOLUTION CALLING FOR A JANUARY 29, 2008 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER THE CHARTER SHOULD BE AMENDED TO PROVIDE THAT
WHEN A "HOSPITAL DISTRICT" IS REZONED, SUCH PROPERTY
SIIALL BE REZONED TO A DISTRICT OR COMBINATION OF
DISTRICTS WITH A FLOOR AREA RATIO NO GREATER THAN THE
ABUTTING LAND (SHARING LOT LINE), EXCEPT THAT "HOSPITAL
DISTRICT" PROPERTY EXCEEDING 15 ACRES MAY EXCEED THIS
LIMITATION IF ADEQUATE BUFFERS ARE PROVIDED TO PROTECT
ABUTTING USES.
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 of the 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, January 29, 2008, 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 of the certification of the 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.
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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 ofElections ofMiami-
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 § 100.342, Florida Statutes, and Section 38-3 of the 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 GIVEN 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 29TH DAY OF JANUARY, 2008, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
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"HOSPITAL DISTRICT" CHARTER AMENDMENT
SHALL THE CHARTER BE AMENDED TO PROVIDE THAT WHEN A
"HOSPITAL DISTRICT" IS REZONED, SUCH PROPERTY SHALL BE
REZONED TO A DISTRICT OR COMBINATION OF DISTRICTS WITH A
FLOOR AREA RATIO NO GREATER THAN THE ABUTTING LAND
(SHARING LOT LINE), EXCEPT THAT "HOSPITAL DISTRICT" PROPERTY
EXCEEDING 15 ACRES MAY EXCEED THIS LIMITATION IF ADEQUATE
BUFFERS ARE PROVIDED TO PROTECT ABUTTING USES?
YES
NO
CF,(`Ti(1N 7
That the official ballot to be used in the Special Election to be held on January 29, 2008, hereby called,
shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
"HOSPITAL DISTRICT" CHARTER AMENDMENT
SHALL THE CHARTER BE AMENDED TO PROVIDE THAT WHEN A
"HOSPITAL DISTRICT" IS REZONED, SUCH PROPERTY SHALL BE
REZONED TO A DISTRICT OR COMBINATION OF DISTRICTS WITH A
FLOOR AREA RATIO NO GREATER THAN THE ABUTTING LAND
(SHARING LOT LINE), EXCEPT THAT "HOSPITAL DISTRICT" PROPERTY
EXCEEDING 15 ACRES MAY EXCEED THIS LIMITATION IF ADEQUATE
BUFFERS ARE PROVIDED TO PROTECT ABUTTING USES?
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.
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SF.CTTnN 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 immediate)
PASSED and ADOPTED this 17th da3
a
ATTEST:
't
~-C~.
TY CLERK
Robert Parcher
Requested by Vice Mayor Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
FOR CUTION
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F:\alto\OLIJ\ELECTION\RESO\Hospital District Sharing Lot Line 1-29-08.doc
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OFFICE OF THE CITY ATTORNEY
• • ~j~y~l~1!/
F L 0 R t D A
JOSE SMITH
City Attorney
~~
* „~
~~ ~ ~
COMMISSION MEMORANDUM
Telephone: (305) 673-7470
Facsimile: (305) 673-7002
DATE: OCTOBER 17, 2007
TO:
FROM:
SUBJECT:
MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE GONZAL
JOSE SMITH
CITY ATTORNE
A RESOLUTION CALLING FOR A JANUARY 29, 2008 SPECIAL ELECTION,
FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY
OF MIAMI BEACH A QUESTION ASHING WHETHER THE CHARTER
SHOULD BE AMENDED TO PROVIDE THAT WHEN A "HOSPITAL
DISTRICT" IS REZONED, SUCH PROPERTY SHALL BE REZONED TO A
DISTRICT OR COMBINATION OF DISTRICTS WITH A FLOOR AREA RATIO
NO GREATER THAN THE ABUTTING LAND (SHARING LOT LINE), EXCEPT
THAT "HOSPITAL DISTRICT" PROPERTY EXCEEDING 15 ACRES MAY
EXCEED THIS LIMITATION IF ADEQUATE BUFFERS ARE PROVIDED TO
PROTECT ABUTTING USES.
Pursuant to the request of Vice-Mayor Matti Herrera Bower, the attached resolution has been drafted for
the purpose of calling a January 29, 2008 special election with regard to the above-referenced "hospital
district" land use issue.
JO/sc
F:\atto\OLIJ\ELECTION\RESO\CMEMO\Hospital District Charter Text 10-17.doc
Agenda Item ~-1 ~
1700 Convention Center Drive -- Fourth Floor -- Miami Bear Date ~ 0' (7 ~~
m MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
CC: Jose Smith, City Attorney
FROM: Vice Mayor Matti H. Bower ~"~~~~-
DATE: October 12, 2007
SUBJECT: Resolution for October 17'h 2007 City Commission Meeting.
Please place on October 17, 2007 Commission Agenda, a Resolution calling for a January
29, 2008 Special Election, for the purpose of submitting to the electorate of the City of
Miami Beach a ballot question asking whether the charter should be amended to provide that
when a "Hospital District" is rezoned, such property shall be rezoned to a district or
combination of districts with a Floor Area Ratio no greater than the abutting land, except
when "Hospital District Property" exceeds 15 acres it may exceed this limitation if adequate
buffers are provided to protect abutting uses.
Thank you.
MH B/yws
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61-E ore cornmitred !o provid;ng e~xceiiert public ser~dce and s~t~ery to ai! who brae, work, and play ir. Cu! vlofciRf, t!'Op!CO~, hrs~o~ic communiry.
PROPOSED BALLOT QUESTION AND TEXT -
JANUARY 29, 2008 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
"HOSPITAL DISTRICT" CHARTER AMENDMENT
SHALL THE CHARTER BE AMENDED TO PROVIDE THAT WHEN A
"HOSPITAL DISTRICT" IS REZONED, SUCH PROPERTY SHALL BE
REZONED TO A DISTRICT OR COMBINATION OF DISTRICTS WITH A
FLOOR AREA RATIO NO GREATER THAN THE ABUTTING LAND
(SHARING LOT LINE), EXCEPT THAT "HOSPITAL DISTRICT"
PROPERTY EXCEEDING 15 ACRES MAY EXCEED THIS LIMITATION
IF ADEQUATE BUFFERS ARE PROVIDED TO PROTECT ABUTTING
USES?
YES
NO
II. PROPOSED CHARTER TEXT:
Section 8.09. "Hospital District."
When a "hospital district" is rezoned such property shall be rezoned to a district or
combination of districts with a floor area ratio no greater than the zoning of abutting land
(sharing lot lined except that "hospital district" property exceeding 15 acres may exceed this
limitation if adequate buffers are provided to protect abutting uses.
***
F:\atto\OLIJ\ELECTION\Hospital District Charter Text 1-29-08.doc
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