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Home My WebLink AboutO-14130City of Miami ` Ordinance 14130 Legislation File Number: 12926 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/12/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III/SECTION 62-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING, ZONING AND APPEALS BOARD/APPOINTMENTS; QUALIFICATIONS" TO SIMPLIFY THE REMOVAL AND APPOINTMENT PROCESS FOR PLANNING, ZONING AND APPEALS BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, Section 2-885 of the Code of the City of Miami, Florida, as amended, ("City Code") provides for the terms of office and term limit waiver for all City of Miami ("City") board members; and WHEREAS, Section 62-16 of the City Code specifies additional provisions related to Planning, Zoning and Appeals Board ("PZAB") members related to appointment and removal, among other things; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December 7, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22- 069 by a vote of six to three (6-3), Item No. PZAB. 8., recommending denial of the Miami 21 Code text amendment; and WHEREAS, the City Commission hereby finds that it is in the best interest of the City to simplify the appointment and removal process as it relates to PZAB members in order to create efficiency and consistency among City boards; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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. Chapter 2/Article XI/Division 2/Section 2-885 of the City Code is further amended in the following particulars:' "CHAPTER 62 PLANNING AND ZONING ' 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. City of Miami Page 1 of 4 File ID: 12926 (Revision:) Printed On: 1/23/2023 File ID: 12926 Enactment Number: 14130 ARTICLE XI. PLANNING, ZONING AND APPEALS BOARD Sec. 62-16. — Appointments; Qualifications. (ba) Nomination. Each city commissioner shall nominate candidates to serve the terms of two members of the planning, zoning and appeals board, taking into consideration the required qualifications for membership as provided herein. (Eb) Terms of office. The terms of office shall be +ho ��+or of +hnco U rms as provided under section 2-885. (4c) Qualifications. It is intended that members and alternate members of the planning, zoning and appeals board be persons of knowledge, experience, mature judgment, and background; having ability and desire to act in the public interest; and representing, insofar as may be possible, the various special professional training, experience, and interests required to make informed and equitable decisions concerning preservation and appropriate development of the physical environment. To that end, qualifications of members and the alternate member shall be as follows: Eleven members and one alternate; shall be from the electorate of the city with demonstrated knowledge and interest in the appropriate growth and development of the city. (ed) The city commission shall appoint the board members from the nominations made by each city commissioner, for ten members of the planning, zoning and appeals board. The mayor shall appoint one member and the alternate member. Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. No person shall be appointed who: (1) Has any interest in the profits or emoluments of any contract, job, work, or service for the city; (2) Holds any elective office; or City of Miami Page 2 of 4 File ID: 12926 (Revision:) Printed on: 1/23/2023 File ID: 12926 Enactment Number: 14130 (3) Is employed in a full-time capacity by any governmental authority in the county or the city, however a person so employed may be appointed if the city commission waives this restriction by a four -fifths affirmative vote of its membership. Before making any appointment, the city commission shall determine that the person so appointed satisfies the requirements of sections 2-611 et seq., and no person shall be confirmed for any appointment who has not filed the statement required by section 2-615. In addition, the code of ethics of Miami -Dade County shall apply to members and the alternate member of the planning, zoning and appeals board. (Le) Persons appointed shall be electors of the city and otherwise meet the requirements of chapter 2, article XI. (gf) No member or alternate member of the planning, zoning and appeals board shall be confirmed in his/her appointment until he/she signs a statement agreeing to participate in at least one seminar on planning or zoning to be held in the state or elsewhere, and approved by the city, during the course of each calendar year he/she shall remain a member or alternate member of the board. Failure to meet this requirement each and every year after assuming board membership or alternate membership may be grounds for removal. (#g) Vacancies. (1) Vacancies in the membership or alternate membership of the planning, zoning and appeals board shall be filled by the city commission and mayor by appointment in the manner herein set out and for the unexpired term of the member or alternate member affected, provided the city commission may appoint an alternate member of the planning, zoning and appeals board to a vacancy as a full member of the board without resort to the procedural requirements of subsection (a). (2) The executive secretary of the planning, zoning and appeals board shall notify the city clerk within ten days after a vacancy occurs, and the city clerk shall promptly transmit such information to the city commission for appropriate commission action as set out herein. (i) Removal. (1) Members and alternate members of the planning, zoning and appeals boardmay e member affected Feq gists S Gh p bliG heaFiR y are removed if replaced by another member pursuant to this applicable Sections of this Section 62-16. City of Miami Page 3 of 4 File ID: 12926 (Revision:) Printed on: 1/23/2023 File ID: 12926 Enactment Number: 14130 q ) Educational component. The city commission shall make provision for the payment of actual and necessary expenses, in accordance with city policy, for the attendance of each member and alternate member of the board at one local city -authorized planning or zoning seminar or conference each calendar year. The city manager, city attorney and city clerk shall coordinate and present or cause to be presented said seminar or conference and make such course available at least quart *r yannually. *„ Section 3. 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 4. This Ordinance shall become effective immediately thereafter final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 f :fQ i ria i ndez, Ci[y Httor ey 11/6/2022 i ria i -nd z, Cify Nttor iey 12/27/2022 2 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 4 of 4 File ID: 12926 (Revision:) Printed on: 1/23/2023