| | | | | | | |  | Ordinances - R5 V
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 6, 2022 | | | | First Reading
| | SUBJECT: | COA SCRIVENER'S ERROR
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE X, ENTITLED “HISTORIC PRESERVATION,” DIVISION 1, ENTITLED “GENERALLY,” BY AMENDING SECTION 118-503 THEREOF, ENTITLED “SCOPE, POLICIES, AND EXEMPTIONS,” TO CORRECT A SCRIVENER’S ERROR; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for May 4, 2022. |
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| | | | | | | | BACKGROUND/HISTORY
| | On February 23, 2022, at the request of the City Attorney’s Office, the City Commission referred the proposed Ordinance to the Planning Board for review and recommendation (item R5 B). The sponsor of the Ordinance is Mayor Dan Gelber. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
On October 19, 2005, the Mayor and City Commission of the City of Miami Beach adopted Ordinance No. 2005-3495, which amended Section 118-503 of the City Code to expand and enhance the procedures related to Historic Preservation Board review of after-the-fact Certificates of Appropriateness. Ordinance No. 2005-3495 created subsection 118-503(b) to modify the requirements for an after-the-fact certificate of appropriateness.
Subsequent to the approval of this Ordinance at First Reading in 2005, additional edits were made prior to Second Reading. Inadvertently, paragraph references to subsection 118-503(c), governing exemptions, were not updated in the Second Reading version of the Ordinance and a few intended words were omitted.
The attached Ordinance is limited to correcting the previous scrivener’s error and is required for uniformity and consistency throughout Section 118-503. No substantive changes are proposed in the Ordinance.
PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on March 22, 2022, and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the Planning Board recommendation at the Commission meeting.
APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Historic Preservation Efforts |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission approve the subject Ordinance at First Reading and schedule a Second Reading / Public Hearing for May 4, 2022. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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