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HomeMy WebLinkAboutO-11578J-97-804 11/26/97 ORDINANCE NO. 11578 AN EMERGENCY ORDINANCE AMENDING CHAPTER 62, ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; TO REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM AND VOTING FOR THE URBAN DEVELOPMENT REVIEW BOARD; MORE PARTICULARLY BY AMENDING SECTION 62-259 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Urban Development Review Board of the City of Miami is responsible for making recommendations to the Director of the Department of Planning and Development as to whether the design of developments and/or improvements within certain zoning districts (or special areas of the City) are in conformance with i City guides and standards; and WHEREAS, due to difficulties in obtaining quorums of at least five members, the Director of the Department of Planning and Development has had to waive the Urban Development Review Board's recommendations on certain development proposals; and WHEREAS, the Director of the Department of Planning and Development is desirous of obtaining the recommendations of the Urban Development Review Board; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11578 • Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 62, Article IX of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l' "Chapter 62 ZONING AND PLANNING * * * ARTICLE IX. Urban Development Review Board * * * * Sec. 62-259. Proceedings. * (d) Voting; quorum. All decisions and recommendations of the urban development review board shall require a concurring vote of a majority of the members present. Five Three members. shall constitute a quorum. Tie votes shall result in the subject agenda item being continued to the next meeting of the board. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 1' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.. - 2 - I1578 Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED BY TITLE ONLY this 26th day of November 1997. XAVIER L. SUAREZ, MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK PREPARED AND APPROVED BY: GEORG K.. WYSONG, I I ASSISTANT CITY ATTORNEY, APPROVED AS TO FORM AND CORRECTNESS: Pal. NNjbP,&E S , I I I CIT ATT BEY W3 8 9 : GKW.-BSS 1n accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approvd of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days om t w regarding same, without the Mayor eXsi+ftng a vet ' WALTER J . FO , CITY CLERK 115'78 CITY OF MIAMI, FLORIDA 0 PZ- 15 INTER -OFFICE MEMORANDUM To : DATE: November 14. 1997 FILE Honorable Mayor and members of the City Commission SUBJECT: Amendment to Chapter 62 of the City Code re: UDRB Quorum FROM : REFERENCES ENCLOSURES City Manager RECOMMENDATION It is respectfully recommended that the City Commission approve the attached amendment to Chapter 62 of. the City Code in order to reduce the number of Urban Development Review Board (UDRB) members required for a quorum from five (5) members to three (3) members. BACKGROUND The Urban Development Review Board (UDRB) of the City of Miami is responsible for raking recommendations to the director of the department of planning and development as to whether the design of developments anchor improvements within certain zoning districts (or special areas of the city) are in conformance with city guides and standards. Due to difficulties in obtaining regular quorums of at least five members, the director of the department of planning and development has bad to waive the UDRB's recommendations on certain development proposals. The director of the department of planning and development would like to continue to obtain the recommendations of the UDRB whether five members are present or the lesser number proposed herein. The attached amendment proposed amendment will allow the board to function with three members for voting and quorum purposes_ 115°78 Ceiba Ulf 'ffltamt WALTER J. FOEMAiN City Cierk December 10, 1997 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson: ALBERTO RUDER City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11362 11560 11561 11563 1564 11567 11571 11573 11574 11575 11578 If I can be of any further assistance, please do not hesitate to call. Yours truly, f / f i Evan line Kil atrick Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 Titij of 'ffltaml- WALTER I. FOEMAN City Clerk December 10, 1997 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12th Street Room 8100 - (8th Floor) Miami, FL 33125 Dear Ms. Maldonado: ALBERTO RUDER City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11362 11560 11561 11563 1564 11567 11571 11573 11574 11575 11578 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk BY : ' I'--7U /C1t2- xtL Deputy lerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 • ! TI fij of '.fflt�xxr�cI A WALTER J. FOEMAN City Clerk December 10, 1997 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: ALBE•RTO RUDER City Manager Enclosed herewith please find a copy of the. following Ordinances which amend the Code of the City of Miami, Florida:. 11362 11560 11561 11563 1564 11567 11671 116713 11674 11676 11676 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk Deputy CYerk RECEIVED BY: DATE: Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11578 In the ...........XXXXX Court, win puGblisbed In salcLn§vW paper In the Issues of Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one yea t preceding the first publication of the attached COP adv rtisement; and afflant further says that she has nei er pat nor promised any person, firm or corporation an discou t, rebate, commission or refund for the purpose of scurf this adve Isement for publication in the said ne pa r. � o 11 st ...... day of . .......... . '�. D. 19...... (SEAL) OFFICIAL NOTARY SEAL Bookie Williams perso al Rnowr�l$me.JANETT LLERENA ? S f7 0 COMMISSION NUMBER ? q CC566004 Tr`cOF �0�4 My C ScEIO 2000ES CITY OF MIAM4 FLONIDA. LEGAL NOTICE. All interested persons will take notice that on the 26th day,of, No vember,..1997, the City- Commission of Miami; Florida, adopted the following titled ordinances: ORDINANCE NO.11572 AN: EMERGENCY ORDINANCE AMENDING ORDINANCE, NO. A 1395, ADOPTED AUGUST 23, 1996, WHICH. ESTAB LISHED INITIAL RESOURCES AND INITIAL- APPROPRIA- TIONS - FOR,, A SPECIAL REVENUE FUND ENTITLED 'VICTIMS OF.CRIME'ACT°, THEREBY INCREASING SAID APPROPRIATION, IN. THE AMOUNT OF $7,980.08, CON-- SISTING .607 A GRANT FROM THE. STATE OF FLORIDA, OFFICE OF, THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ,THE NECESSARY DOCUMENTS, IN A FORM , 'ACCEPTABLE TO THE- CITY. ATTORNEY,' FOR THIS PUR- -' POSE; CONTAINING:A REPEALER' PROVISION AND SEV- ERABILITY CLAUSE; PROVIDINGFOR AN EFFECTIVE DATE. " ORDINANCE NO.11573 AN ORDINANCE'AMENDING,CHAPTER -46 OF THE.CODE OF THE CITY'OF MIAMI, 'FLORIDA, • AS AMENDED, ENT.I- TLED:, "PUBLIC NUISANCES', TO AMEND THE. DEFINI- TION OF:-, THE, = TERMS 'OPERATOR'. AND 'SUBSTANTIATED INCIDENT" (AS IT RELATES: TO A' BREACH OF, SECTION 6-39. AND/OR,;CHAPTER 36); CHANGE' THE,- REQUIREMENTS FOR 'NOTICE PROCE- DURES, AND:.PROVIDE' THAT FINES MAY BE, LIENED; • ., . MORE PARTICULARLY— BY .AMENDING SECTIONS 4671, 46-3, ; AND,;4i34, OF ;SAID CODE; CONTAINING:'.A' RE; PEALER _PROVISION:' 'A ' SEVERABILITY CLAUSE' AND t ORDINANCE NO tf5 4 AN EMERGENCY ORDINANCED ToQ��E IN1� NATIONAL TRADE . BOARD (" ; REPEALING 4 THEIR ENTIRETY, SECTIONS„ 911 ND 2-S2.OF -CODE OF THE CITY OF MIAMt�tVPIDA„ A6-AMEN AND SUBSTITUTING IN, LIEU NE ECTII 2-921 THROUGH 2-930, THE EATING AND TABLISHING SAID BOARD AT—)ITED ,'BENCY°'M THE CITY TO -BE KNOWN AS . fit "INTE0NATl(?,M( TRADE BOARD"; FURTHER «- SET, MG FOPTH RAID ` AGENCY'S PURPOSE, AND PROVISIONS FOR ELIGIBIL- ITY FOR MEMBERSHIP, TERMS OF OFFICE, OFFICERS, MEETINGS, .QUORUM; VACANCIES, POWERS AND - DU- TIES, :PROVIDING FOR AN EXECUTIVE' DIRECTOR,:; PERSONNEL, AND COUNSEL REPRESENTATION; AND BUDGET AND . AUDIT RESPONSIBILITIES FURTHER ­ AUTHORIZING AUTHORIZING SOLICITATION OF..CONTRIBUTIONS. AND.', : FINANCIAL. SUPPORT; CONTAINING A REPEALER PRO-.`;,:`: = VISION, A SEVERABILITYCLAUSE; AND,PROVIDING FOR AN EFFECTIVE DATE. _ ORDINANCE NO. 11575, AN -EMERGENCY. ORDINANCE AMENDING;DIVISION 3 SEC., 2-1111 OF THE CODE OF .THE CITY OF MIAMI, 4; FLORIDA, AS AMENDED."ENTITt_ED: "SUPERVISION AND C6NTR6COF -ATTORNEYS EMPLOYED, BY -THE' CITY THEREBY PROVIDING'.FOR -THE MAYOR TO ENGAGE .+ SPECIAL -`COUNSEL -UNDER .CERTAIN CONDITIONS A$ ;; HEREIN SPECIFIED; CONTAINING A REPEALER :PROVI-1: :• SION AND A SEVERABILITY CLAUSE; PROVIDING.:FOR'..`a; AN EFFECTIVE DATE. ORDINANCE NO. 11576 ' ' AN ORDINANCE;..AMENDING THE FUTURE LAND, USE MAP'OF THE COMPREHENSIVE NEIGHBORHOOD°PLAN, BY CHANGING THE LAND USE DESIGNATION OF; THE PROPERTY LOCATED -AT . APPROXIMATELY. 2734 ' t> .SOUTHWEST 16TH STREET, -FROM DUPLEX-RESIDEN TIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS;`, DIRECTING TRANSMITTALS, TO AFFECTED .AGENCIES , CONTAINING A REPEALER PROVISION AND ,A SEVER ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.-: ORDINANCE NO.11577 AN 'ORDINANCE AMENDING_ THE .ZONING .ORDINANCE ,OF THE CITY OF MIAMI,'FLORIOA_AND PAGE NO. 34'OF THE ZONING ATLAS .OF THE CITY OF MIAMI, FLORIDA,'' BY CHANGING THE ZONING CLASSIFICATION FROM R-2. TWO-FAMILY RESIDENTIAL. TO C-t, RESTRICTED COM- MERCIAL FOR THE PROPERTY LOCATED, AT APPROXI- . , MATELY"2734 SOUTHWEST 16TH STREET; MAKING. FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING `FOR AN EF- FECTIVE DATE. ORDINANCE N0.11S_r? AN-EMERGENCY ORDINANC- NG;'CHAPTER.62 ARTICLE IX -OF THE CODE OF: THE. CITY- OF ;MIAMI,:. FLORIDA,•AS AMENDED; TO REDUCE THE';NUMBER OF MEMBERS- REQUIRED' - FOR A QUORUM AND VOTING �' FOR. THE ; URBAN 'DEVELOPMENT REVIEW BOARD;; MORE PARTICULARLY BY,AMENDING SEGTION-:62-259 ` OF SAID CODE; CONTAINING A REPEALER:PROVISION AND A SEVERABILITY'CLAUSE; PROVIDING 'FOR AN EF FECTIVE DATE. Said ordinances may be inspected by the public.tat the -Office 'of City Clerk, 3500 Pan'American Drive, Miami, Rprida,',Monday throi Friday, excluding holidays, betweerf the hours of 8 a.m. and:5 p.rn. G�CY OFF III �} ,.CORP ONM --