HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14136
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE
SPECIFICALLY BY AMENDING ARTICLE 7/SECTION 7.1.1.4, TITLED
"PROCEDURES AND NONCONFORM ITIES/PLAN NING, ZONING AND
APPEALS BOARD", TO SIMPLIFY THE REMOVAL AND APPOINTMENT
PROCESS FOR PLANNING, ZONING AND APPEALS BOARD
MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami.
PURPOSE: This Ordinance will amend Article 7/Section 7.1.1.4, titled "Procedures and
Nonconformities/Planning, Zoning and Appeals Board", to simplify the removal and appointment
process for Planning, Zoning and Appeals Board Members.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARDS: On December 7, 2022, recommended denial,
by a vote of six to three (6-3).
City of Miami File ID: 12924 (Revision:) Printed On: 1/23/2023
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14136
File Number: 12924 Final Action Date: 1/12/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE
SPECIFICALLY BY AMENDING ARTICLE 7/SECTION 7.1.1.4, TITLED
"PROCEDURES AND NONCONFORM ITIES/PLAN NING, ZONING AND
APPEALS BOARD", TO SIMPLIFY THE REMOVAL AND APPOINTMENT
PROCESS FOR PLANNING, ZONING AND APPEALS BOARD
MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
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, Article 7, Section 7.1.1.4. of Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, ("Miami 21 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-
068 by a vote of six to three (6-3), Item No. PZAB. 9., recommending denial of the Miami 21
Code text amendment; and
WHEREAS, the City Commission has considered whether the proposed text amendment
as stated herein will further the goals, objectives, and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and,
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changed or changing conditions that make the passage of the
proposed change necessary; 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:
City of Miami File ID: 12924 (Revision:) Printed On: 1/23/2023
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. Article 7, Section 7.1.1.4 of the Miami 21 Code is further amended in the
following particulars:'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.1.4 Planning, Zoning and Appeals Board
c. Appointments; qualifications
2-1. Nomination. Each City Commissioner shall nominate candidates to serve the terms of two
members of the board, taking into consideration the required qualifications for membership as
provided herein.
-92. Terms of office. The terms of office shall be the later „f these teFFns as provided
under section 2-885.
43. Qualifications. It is intended that members and alternate members of the 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:
(a) Eleven (11) members and one alternate shall be from the electorate of the City of
Miami with demonstrated knowledge and interest in the appropriate growth and
development of the city.
' 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
unchanaed material.
City of Miami File ID: 12924 (Revision:) Printed On: 1/23/2023
54. The City Commission shall appoint the board members from the nominations made by each
City Commissioner, for ten members of the 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 has any interest in the profits or emoluments
of any contract, job, work, or service for the City. No person shall be appointed who holds any
elective office or is employed in a full-time capacity by any governmental authority in the county
or the City. Before making any appointment, the City Commission shall determine that the
person so appointed satisfies the requirements of sections 2-611 et seq. of the City Code, and
no person shall be confirmed in appointment who has not filed the statement required by section
2-615 of the City Code. 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.
45. Persons appointed shall be electors of the City and otherwise meet the requirements of
Chapter 2, Article XI of the City Code.
7-6. No member or alternate member of the Planning, Zoning and Appeals Board shall be
confirmed in his appointment until he signs a statement agreeing to participate in at least one
seminar on planning or zoning to be held in Florida or elsewhere, and approved by the City,
during the course of each calendar year he 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.
,97. Vacancies
(a) 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 board to a vacancy as a full member
of the board without resort to the procedural requirements of paragraph (1) above.
(b) 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.
9. Removal.
(a) Members and alternate members of the board may be Femeyed f„r ,so by the Gity
p bliG hoarlr� are removed if replaced by another member pursuant to this applicable
Sections of this subsection (c).
a-98.
BeaFd shall FeGeive a Form 1ReFatiGR of d" I 00 peF „oar. Educational Component. The City
Commission shall make provision for the payment of actual and necessary expenses, in
City of Miami File ID: 12924 (Revision:) Printed On: 1/23/2023
accordance with City policy, for the attendance of each member and alternate member of the
board at one City -authorized planning or zoning seminar or conference each calendar year-t-e
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
annually.
*„
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. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami,
Florida, which provisions may be renumbered or relettered and that the word "ordinance"
may be changed to "section", "article", or other appropriate word to accomplish such
intention.
Section 5. This Ordinance shall become effective immediately thereafter final reading
and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
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 File ID: 12924 (Revision:) Printed On: 1/23/2023