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HomeMy WebLinkAboutPre-LegislationCity of Miami 1 i.RR .I Legislation alldl 1l+ Resolution: R-20-0015 File Number: 7069 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A MIAMI 21 REPORT AD HOC TASK FORCE ("TASK FORCE") TO WORK WITH THE CITY OF MIAMI'S ADMINISTRATION FOR RECOMMENDATIONS ON POSSIBLE CHANGES TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); STATING THE TASK FORCE'S PURPOSE, POWERS, DUTIES, COMPOSITION, MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the Miami City Commission recently adopted Resolution No. 19-0523, which directed the City of Miami's ("City") Administration to assess Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), by conducting a comprehensive review of the Miami 21 Code and issuing a report to the Mayor and City Commission ("Report"), as more particularly detailed in Resolution No. 19-0523; and WHEREAS, the Report is to be issued to the Mayor and City Commission within one hundred eighty (180) days of the adoption of Resolution No. 19-0523; and WHEREAS, relative to the tasks involved with the Report, the Mayor and the City Commission are hereby appointing a twelve (12) member Miami 21 Report Ad Hoc Task Force ("Task Force"), which will work in conjunction with the City's Administration to give its perspective and recommendations for possible recommended changes and measures to be taken relative to the Miami 21 Code; and WHEREAS, Chapter 2, Article XI, Division 2, Section 2-883 of the Code of the City of Miami, Florida, as amended ("City Code"), allows for the creation of new boards by either Ordinance or Resolution; and WHEREAS, the number, qualifications, responsibilities, and manner of appointment of the Task Force members are set forth in this Resolution; and WHEREAS, the Task Force will automatically disband once its perspectives and recommendations regarding the Miami 21 Code and any recommendations of possible changes or measures to be made to the Miami 21 Code have been delivered through the Task Force's Chairperson to the Mayor, City Commission, and City Manager; and WHEREAS, the City Commission finds it is in the best interests of the City that this Resolution be adopted; City of Miami Page 1 of 4 File ID: 7069 (Revision: A) Printed On: 812812020 File ID: 7069 Enactment Number: R-20-0015 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby establishes the Task Force consisting of twelve (12) voting members. The Mayor and each District Commissioner shall each be afforded two (2) appointments. Section 3. Composition, Appointment, and Qualifications. The members of the Task Force shall include: a. Six (6) members who are electors of the City and who have a desire to serve as active members on the Task Force. Preference will be given to electors who have experience or expertise in one (1) or more of the following fields: economics, financial operations, or lending; resiliency and sustainability; or transportation planning or civil engineering. b. Six (6) members consisting of two (2) with experience in real estate development, preferably in affordable housing, large or small scale development, or mixed use development; two (2) with experience in the practice of land use law and/or real estate development law; one (1) with experience in resiliency and sustainability; and one (1) who is a certified architect, a certified engineer, or a certified neighborhood planner. c. No alternate members shall be appointed. d. All members will serve without compensation. In addition, all members should have demonstrated an interest in, or experience relating to, the Miami 21 Code or other governmental codes such as planning, zoning, building, and/or housing codes. All members shall be subject to the provisions set forth in Section 2-884 of the City Code. Section 4. Purpose; Attendance; Vacancies. The purpose, powers, and duties of the Task Force are as follows: a. The Task Force will meet periodically but at least monthly beginning in February 2020 provided that enough members are appointed to constitute a quorum. The Task Force will meet at publicly noticed meetings complying with Florida's Sunshine Law and, acting by and through its Chairperson, will deliver its recommendations to the City Commission, Mayor, and City Manager on possible changes or measures to the Miami 21 Code as more particularly described in Resolution No. 19-0523. b. At the conclusion of the City Commission's consideration of the Task Force's written recommendations, the responsibilities of the Task Force shall be deemed completed and the Task Force will be automatically sunsetted. If the one hundred eighty (180) day period in which the City Manager is required to submit the Report to the City Commission as required by Resolution No. 19-0523 is extended by the City City of Miami Page 2 of 4 File ID: 7069 (Revision: A) Printed on: 812812020 File ID: 7069 Enactment Number: R-20-0015 Commission, the Task Force will also continue during such extension period until the Report is finally issued as required by Resolution No. 19-0523. c. It is expected that the appointed members of the Task Force attend each meeting. Attendance requirements and removal from the Task Force shall be pursuant to Section 2-886 of the City Code. d. Vacancies on the Task Force shall be filled pursuant to Section 2-885(a)(3) of the City Code. Section 5. Officers. At the initial meeting, the members of the Task Force shall select and designate a Chairperson and Vice -Chairperson from among the members of the Task Force who shall serve at the pleasure of the Task Force. Section 6. Meetings and Quorum. All meetings of the Task Force shall be noticed and open to the public. The public shall be encouraged to submit oral or written comments to the Task Force. A minimum of fifty percent (50%) plus one (1) of the total members of the Task Force then appointed shall constitute a quorum for the purpose of convening any meeting. An affirmative vote of a majority of the members present and voting at any meeting is required for any action to be taken by the Task Force. Section 7. Rule of Procedure; Roberts Rules. The Task Force may adopt its own order of business and rules of procedure governing its meetings and take actions on matters within its jurisdiction not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. If no such rules of procedure are expressly adopted, the Task Force will use Robert's Rules without the necessity of other action. Robert's Rules will govern in the event the adopted rules of procedure are silent on an issue. The Task Force shall comply with all requirements of Chapters 119 (Public Records) and 286 (Sunshine Law), Florida Statutes. The minutes of each meeting shall be promptly made available and such records shall be open to public inspection. Copies of minutes of all Task Force meetings shall be furnished to the Mayor, City Commissioners, City Attorney, and City Manager. Section 8. Legal Counsel The City Attorney shall serve as legal counsel to the Task Force and shall provide legal advice on all matters considered by the Task Force. The City Attorney or designee shall provide legal support to the Task Force and attend all Task Force meetings. Section 9. Assignment of Staff It shall be the duty of the City Manager to provide full cooperation and sufficient personnel for necessary administrative support to the Task Force including assignment of an individual to act as liaison and secretary to the Task Force as well as the assignment of individuals from any and all City Departments and Offices, as may be necessary, to advise the Task Force about ongoing and pending issues. It shall be the duty of the Task Force's liaison to City of Miami Page 3 of 4 File ID: 7069 (Revision: A) Printed on: 812812020 File ID: 7069 Enactment Number: R-20-0015 keep minutes or cause said minutes to be taken at all meetings, maintain Task Force correspondence, post meeting notices with the City Clerk, file reports, and perform all other necessary support functions. The City Manager, Planning Director, and Zoning Director may participate in deliberations of the Task Force, as requested by the Task Force, and may give technical and policy advice to the Task Force as requested. The City Manager shall ensure that the Planning Director or designee will be present at all meetings and available to aid the Task Force upon request. Section 10. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i nde Attar iey 2/20/2020 City of Miami Page 4 of 4 File ID: 7069 (Revision: A) Printed on: 812812020 City of Miami 1 i.RR .I Legislation �a�lldl 1lm Ordinance: 13902 File Number: 7444 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/28/2020 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY TOLLING AND SUSPENDING ALL APPLICABLE DEADLINES AND TIME PERIODS PRESCRIBED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21"); AND RESOLUTION NO. R-20-0015 RELATING TO THE MIAMI 21 REPORT AD HOC TASKFORCE, INCLUDING BUT NOT LIMITED TO, DEADLINES AND TIME PERIODS PERTAINING TO PUBLIC HEARINGS AND DECISIONS MADE BY LEGISLATIVE BODIES, QUASI-JUDICIAL BODIES, THE ZONING ADMINISTRATOR, THE DIRECTOR OF PLANNING, THE BUILDING DIRECTOR, THE BUILDING OFFICIAL, OR OTHER CITY OF MIAMI OFFICIALS, INCLUDING EXPIRATION DATES FOR UTILIZATION OF EXISTING APPROVALS FOR THE DURATION OF THE LOCAL STATE OF EMERGENCY DECLARED BY MAYOR FRANCIS X. SUAREZ ON MARCH 12, 2020 PURSUANT TO THE AUTHORITY GRANTED TO MUNICIPALITIES BY SECTIONS 252.38, ET SEQ., AND 501.160, FLORIDA STATUTES, AND EXECUTIVE ORDER NUMBER 20-114 EXTENDING EXECUTIVE ORDER 20- 52 PROMULGATED BY GOVERNOR RON DESANTIS ON MARCH 9, 2020, MORE SPECIFICALLY, SECTION (4)(D)(1) WHICH PROVIDES THAT EACH MUNICIPALITY IN THE STATE OF FLORIDA IS AUTHORIZED TO WAIVE THE PROCEDURES AND FORMALITIES OTHERWISE REQUIRED OF THE POLITICAL SUBDIVISION BY LAW PERTAINING TO THE TAKING OF WHATEVER PRUDENT ACTION IS NECESSARY TO ENSURE THE PUBLIC'S HEALTH, SAFETY, AND WELFARE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT THE TOLLING ESTABLISHED HEREIN IS CONCURRENT WITH ANY OTHER EXTENSIONS UNDER LAW AND NOT CONSECUTIVE; PROVIDING THAT THE TOLLING ESTABLISHED HEREIN SHALL NOT APPLY TO CODE ENFORCEMENT PROCEEDINGS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes, Mayor Francis X. Suarez ("Mayor") of the City of Miami ("City") declared on March 12, 2020 that a State of Local Emergency ("Emergency") exists within the City in response to the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes, the Mayor has extended the Emergency which remains in effect as of the date of this Resolution; and City of Miami Page 1 of 3 File ID: 7444 (Revision: A) Printed On: 812812020 File ID: 7444 Enactment Number: 13902 WHEREAS, the effects of the COVID-19 pandemic continue to require extraordinary and immediate actions by the City in order to protect the public's health, safety, and welfare; and WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis promulgated Executive Order 20-52 ("EO") and declared a State of Emergency in State of Florida ("State") in response to the COVID-19 pandemic; and WHEREAS, Section (4)(D)(1) of the EO provides that each municipality in the State is authorized to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to the taking of whatever prudent action is necessary to ensure the public's health, safety, and welfare; and WHEREAS, the COVID-19 pandemic is a natural emergency whose increasing effects are being felt within the City and that on account thereof, there is reason to believe that it is necessary to take whatever prudent action is necessary to ensure the health, safety, and welfare of the City; and WHEREAS, due to the effect of the Safer at Home orders promulgated by the federal government, the State, Miami -Dade County, and the City, most City facilities have been shut down, public hearings have been cancelled, and routine City business has been significantly curtailed; and WHEREAS, under certain circumstances, Section 252.363, Florida Statutes, provides for the tolling and extension of permits and other authorizations and further provides that the declaration of a State of Emergency issued by the Governor for a natural emergency tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration and the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for six (6) months in addition to the tolled period to the following: 1. The expiration of a development order issued by a local government. 2. The expiration of a building permit. 3. The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes. 4. The buildout date of a development of regional impact including any extension of a buildout date that was previously granted as specified in Section 380.06(7)(c), Florida Statutes; and WHEREAS, there are other timelines and deadlines in the Code of the City of Miami, Florida, as amended ("City Code"), and Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21") that are not subject to the above -referenced statutory waiver and the City Commission has determined that a limited waiver and/or tolling of all of the applicable timelines and timeframes established in the City Code and Miami 21 is necessary during the COVID-19 pandemic; and WHEREAS, the City Commission finds that this Ordinance is necessary on an emergency basis on the grounds of an urgent need for the preservation of health, safety, welfare, or property of the public and the City; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 7444 (Revision: A) Printed on: 812812020 File ID: 7444 Enactment Number: 13902 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby tolls all applicable deadlines and time periods prescribed in the City Code and Miami 21, including but not limited to, deadlines and time periods pertaining to public hearings and decisions made by legislative bodies, quasi-judicial bodies, the Zoning Administrator, the Director of Planning, the Building Director, the Building Official, or other City Department officials, including expiration dates for utilization of existing approvals for the duration of the Emergency originally declared by Mayor Suarez on March 12, 2020. Section 3. The City Commission hereby tolls all applicable deadlines and time periods related to the Miami 21 Report Ad Hoc Taskforce established by Resolution No. R-20-0015 for the duration of the Emergency originally declared by Mayor Suarez on March 12, 2020. Section 4. This tolling of deadlines shall run concurrently and not consecutively with any other extensions provided in law, including but not limited to, any extension provided in Section 252.363, Florida Statutes, as amended. Section 5. This tolling of deadlines shall not apply to any Code Enforcement proceedings under Chapter 2, Article X of the City Code. Section 6. This Ordinance shall be retroactive to March 12, 2020, the date that the Mayor declared an Emergency. Section 7. All periods referenced herein shall be tolled as long as an Emergency remains in effect or until this Ordinance is repealed, whichever shall occur first. Section 8. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 9. This Ordinance shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: 1 J UY- ria dez, Cify Attor iey 5/1812020 ria dez, ity ttor ey 7/1/2020 ' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 7444 (Revision: A) Printed on: 812812020