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04/12/01 12072ORDINANCE N0.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 17, SECTION 1706, TO MODIFY
THE PROVISIONS FOR NOTICE REQUIREMENTS FOR
SUBSTANTIAL MODIFICATIONS TO MAJOR USE
SPECIAL PERMITS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of March 21, 2001, Item No. 8, following an advertised hearing,
adopted Resolution No. PAB 31-01 by a vote of eight to zero
(8-0), RECOMMENDING APPROVAL of amending Zoning Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami
("Zoning Ordinance No. 11000") to modify provisions related to
notice requirements for substantial modifications to Major Use
Special Permits as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
Zoning Ordinance No. 11000 as hereinafter set forth;
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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 by reference and
incorporated as if fully set forth.in this Section.
Section 2. Zoning Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, is further
amended in the following particulars:l/
"ARTICLE 17.
MAJOR USE SPECIAL PERMITS;
DETAILED REQUIREMENTS
Sec. 1706. Changes in approved Major Use Special
Permit.
Sec. 1706. Changes in approved Major Use Special
Permit.
In the case the proposed change to a Major
Use Special Permit is not a DRI, the director of
the department of planning, building and zoning
shall refer the application to the_ zoning
administrator, who shall determine whether such
changes are substantial changes, as defined in
section 2215.1 of this ordinance. Pursuant to this
section, if the zoning administrator determines
that the proposed changes are substantial, the
director of the department of planning, building
and zoning shall prepare a statement demonstrating
whether or not such changes would meet the same
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.
Page 2 of 2 120 12,
requirements as for the original approval. The
director shall transmit such statement, together
with recommendations on the proposed changes, to
the planning advisory board. Such a statement on
substantial changes, as defined, shall net require
formal public notice and hearing before the
planning "advisory board. An officer or agent
designated by the city manager shall notify the
applicant, by registered mail posted not less than
ten (10) calendar days prior to the fReeting hearing
of the planning advisory board at which the
application for substantial change is to be
considered, of the date, time and place of- the
meeting hearing, and indicating further where the.
applicant may inspect, and copy if desired, the
recommendations of the director of the department
of planning, building and zoning. The officer or
agent shall similarly notify by regular mail,
posted on the same date as the registered
communication to the applicant, any other person
and persons who have signified in writing their
interest in the matter.
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or wordof this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof. --V
z/ This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten 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.
Page 3 of 3 12-0 6 2
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
April , 2001.
PASSED
AND
ADOPTED ON
-SECOND AND FINAL READING BY TITLE ONLY
this 24th
day
of May
2001.
ATTEST:
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said Eegisi ti ,E„ {.,ovj
becomes effective with the elapse often (10) da from the date of Coram h aGz'tcn
regarding same, without the Mayor me fsi eto. -/'�,
WALTER J. FO!M2 Mttr oetpan, City Clerk
CITY CLERK 4*
APPROVED
TO FORM ``, ORRECTNESS:
�TTORNEY
48': M1%�1dp : BSS
Page 4 of 4 1'20072
APPLICANT
HEARING DATE
REQUEST/LOCATION
LEGAL DESCRIPTION
PLANNING FACT SHEET
City of Miami Department of Planning and Zoning
March 21, 2001
Amendment to Article 17, Section 1706 of Zoning
Ordinance 11000.
N/A
PZ -14,
SECOND READING
PETITION Consideration of amending Ordinance 11000, as
amended, the Zoning Ordinance of the City of Miami,
Florida, by amending Article 17, Section 1706 in order to
modify provisions related to notice requirements for
substantial modifications to Major Use Special Permits.
PLANNING
RECOMMENDATION
Approval.
BACKGROUND AND The proposed amendment is in order to add full notice
ANALYSIS. requirements for substantial modifications to Major Use
Special Permits. Substantial modifications to Special
Exception Permits require some form of notice, and a
Major Use Special Permit is a higher-ranking permit,
therefore it is only logical and in keeping with due
process, that formal notice be required for substantial
modifications to Major Use Special Permits.
PLANNING ADVISORY BOARD Approval VOTE: 8-0
CITY COMMISSION Passed First Reading on April 26, 2001.
APPLICATION NUMBER 01-012 Item #8
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3R0 FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
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Date: 3/15/2001 � Page 1
12072
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RESOLUTION PAB -31-01
A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION
OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 17,
SECTION 1706, IN ORDER TO MODIFY PROVISIONS RELATED TO
NOTICE REQUIREMENTS FOR SUBSTANTIAL MODIFICATIONS TO
MAJOR USE SPECIAL PERMITS.
HEARING DATE: March 21, 2001
ITEM NO.: 8
VOTE: 8-0
ATTE T: �
Ana Gelabert-Sanchers F ect
Planning and Zoning Department
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