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Home My WebLink AboutO-12012J-00-985 11/06/00 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND, ZONING BOARD", TO AMEND PROVISIONS RELATED TO COURTESY NOTICE FOR CONDOMINIUM ASSOCIATIONS; MORE --PARTICULARLY BY AMENDING SECTION 62-129(4) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING' FOR AN EFFECTIVE DATE. WHEREAS, Section.62-129(4) of the Code of the City of Miami, Florida, as amended, requires that only one courtesy notice be sent to each of the condominium associations located within 375 feet of the property lines of the land for which a hearing before the Zoning or Planning Advisory Boards is required; and WHEREAS, due to the extensive development proposed in urban areas, the City Commission has determined that individual notices shall be sent to each individual condominium unit owner to insure adequate notice of proposed development in the area; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: .7 Section 1. . The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 62/Article V of the Code of the City of Miami, Florida, as amended, entitled "Zoning and Planning/Appointment of members and alternate' members of the Planning Advisory Board and Zoning Board," is hereby amended in the following particulars:? Ji "Chapter 62 ZONING AND PLANNING Article V. APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD. Sec. 62-129. Same - Types. The requirements for the types of public notice are as follows: (4) Courtesy Notice. Courtesy notice is not required when the city, or its designee, initiates (a) a comprehensive plan, or zoning ordinance encompassing the entire city or (b) a comprehensive plan amendment, change of plan designation, zoning ordinance amendment or change of zoning classification of private property which deals with more than five percent of the total land area of the city. If required, notice of the time and place of the public hearing by the planning advisory board, zoning board, or 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 unchanged material. Page 2 of 4 12012 9 . 0 commission, as the case may be, shall be sent at least ten days in advance of- the hearing by mail to all owners of property within 375 feet of the property lines of the land for which the hearing is required. The applicant shall be charged the appropriate fee for the mailing. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the city. The director of the.planning, building and zoning department, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on her certification by the placing in the mail system of the United States on the date certified the courtesy notice; the certification shall be conclusive of the giving of courtesy notice; in the case of condominiums, enly e eeirrtesy—netiee--will be sent te—the eendefainakdffi asseeiatien each individual condominium unit owner shall be notified as described herein. No action taken by the Planning Advisory Board, Zoning Board, or the City Commission, as the case may be, shall be voided by the failure of an individual property owner to receive such courtesy notice. 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. 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 shall become effective thirty (30) days after final reading and adoption thereof.- zi 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 4 1 • • PASSED ON FIRST READING BY TITLE ONLY this 16th day of November 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of .December 2000. 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 legislation T w becomes effective with the elapse of ten (10) r�.. Vs a .m the dat,, of omm'n regarding same, without the Mayor F•,arci ' 1g - co. ATTEST: Walte J. F ma.n, City Clerk WALTER J. FOEMAN CITY CLERK APPRP O M AND CORRECTNESS>6 Z63" 1�0 �°I LARE TTORNEY :mea:BSS Page 4 of 4 12012 PZ-12 SECOND READING CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members TO: DATE: FILE of the City Commission NOV 8 2000 SUBJECT: Amendment to .Chapter 62 regarding Notice FROM: REFERENCES: *anager n ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission approve the attached Ordinance amending Chapter 62 of the City Code to allow for notice to individual condominium unit owners. BACKGROUND The attached ordinance would require that courtesy mail notices be sent to individual condominium unit owners on Zoning items, versus just one notice being sent only to the association. The administration supports this ordinance in that a greater number of property owners would receive notice of upcoming zoning items that have potential effects on their area. y CAG B/AGS/LYS� 12012 �7_ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie 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 Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 12012 in the ........... XXXXX ...................... Court, was published in said newspaper in the issues of Dec 29. 2000 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matt he post office in Miami in said Miami -Dade C ty, FI ida, for a period of one year next preceding the fit i t public ion of the attached copy of advertisement; and a -ant fur er says that she has neither paid nor promised aq y pers ,firm or corporation any discount, rebate, com- m s-o r refund f�he purpose of securiV this advertise- r t r publicatio i the said newspaper. A w n to and su crib f e me this 29 ecembe 2000 ..... da of . . ............... .. .. A.D......... (SEAL) Sook-e Williams person Ily no ML NOTARYSEAL LLERENA NOTARY PUBLIC 'd'A'TE F FLORIDA COMMISSIOPd NO. CC 9129M T CITY OF. MIAMI, FLORIDA . OTICE OF PROPOSED ORDINANCES . All interested persons will take notice that on the 14th of December, 2000, the City Commission of Miami, Florida adopted the following titled ordinances: ORDINANCE NO.' 12000 ' AN'. EMERGENCY ORDINANCE OF THE MIAMICITY.COM- MISSION AMENDING ORDINANCE NO. 11557, AS AMEND- ED, ADOPTED OCTOBER 14, 1997, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A ..SPECIAL REVENUE FUND ENTITLED: VSTOP ,VIOLENCE ' AGAINST- . WOMEN," TO`'INCREASE APPROPRIATIONS, IN THE AMOUNT OF•$60,092, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN .THE; AMOUNT OF $44386 AND IN -KIND SERVICES MATCH IN THE AMOUNT OF $1.5;206; AUTHORIZING THE CITY MAN- AGER TO: (1) ACCEPT. SAID GRANT AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, (2) EXPEND MONIES FROM THIS FUND FOR. NECESSARY; EXPENSES TO CONTINUE THE OPERATION -OF THE'PROGRAM; AND (3) EXECUTE PRO- FESSIONAL SERVICES:AGREEMENTS WITH INDIVIDUALS; IN A FORM ACCEPTABLE- TO THE <CITY ATTORNEY, FOR. THE PROVISION OF.DOMESTIC,VIOLENCE SENIOR COUN- ' SELOR(S)NICTIM ADVOCATE(S), IN AN ANNUAL AMOUNT NOT TO EXCEED $44;886. FOR AN ADDITIONAL ONE (1) YEAR, PERIOD; FURTHER. ALLOCATING FUNDS' -IN THE AMOUNT OF $15,206 FROWTHE DEPARTMENT OF POLICE GENERAL. OPERATING BUDGET FOR THE -REQUIRED IN - KIND MATCHING FUNDS; CONTAINING A REPEALER PRO- -VISION AND SEVERABILITY. CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 12002 AN EMERGE NCY=ORDINANCE OF THE MIAMI CITY COM- MISSION RELATING TO SIDEWALK ANU STREET VENDING; AMENDING CHAPTER,39' ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDAAS AMENDED, BY ESTABLISHING THE "BISCAYNE- BOULEVARD. SPECIAL VENDING -DIS- jRICT";, PROVIDING. -DEFINITIONS; ESTABLISHING DIS- --TRICT-BOUNDARIE& ,PROVIDING FOR. EXCLUSIVE VEND- . --ING FRANCHISE OPPORTUNITIES AND LOCATIONS; PRO- VIDING CRITERIA; PROVIDING FOR.FRANCHISE FEES; ES- TABLISHING PUSHCART DESIGN CRITERIA AND REVIEW; PROVIDING OPERATING REGULATIONS AND LIMITA- TIONS; 'PROVIDING FOR ENFORCEMENT, REVOCATION AND APPEALS; PROVIDING FOR HOLD HARMLESS AGREE- .MENTS,.INSURANCE, TAX CERTIFICATES AND COMPLI-. ANCE WITH APPLICABLE LOCAL AND STATE REGULA- TIONS; MORE PARTICULARLY-, BY AMENDING SECTION 39 26 AND ADDING ,NEW-SECTION_39.37.1 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILI=` `' TY-CLAUSE; AND PROVIDING,FOR AN EFFECTIVE DATE. _ .ORDINANCE NO. 12003 AN ORDINANCE OF THE'MIAMI CITY -COMMISSION AMEND- ING THE CODE OF THE CITY OF MIAMI; FLOROA, AS AMENDED; TO CREATE AND ESTABLISH THE VIRGINIA KEY BEACH PARK,:TRUST- (THE "TRUST"), -SET FORTH THE LE- GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK;.DESIG- NATE THE TRUST'S JURISDICTIONAL AUTHORITY,.SET FORTH, THE TRUST'S PURPOSE, POWERS, AND DUTIES,` ' AND PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILI- TY -AND ATTENDANCE REQUIREMENTS, OATH, QUORUM AND VOTING, ' MEETINGS, INDEMNIFICATION, ABOLISH- MENT, AND "SUNSET" REVIEW OF THE TRUST EVERY FOUR YEARS; :MORE PARTICULARLY BY AMENDING SEC- -TION 2-892 AND BY ADDING A NEW ARTICLE, CONSISTING OF SECTIONS 38-230 THROUGH 38-242 TO CHAPTER 38 OF THE CODE; CONTAINING A REPEALER PROVISION AND A• SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE. n +• ORDINANCE NO. 12004 EMERGENCY ORDINANCE OF THE MIAMI CITY COM ISSION AMENDING -CHAPTERS 2•AND 53 OF THE CODE OF THE, CITY OF MIAMI, FLORIDA, AS AMENDED, TO RE-. DUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUO- RUM TO CONVENE A MEETING OF THE ORANGE BOWL AD- VISORY BOARD; AND MORE PARTICULARLY BY AMEND- ING SECTIONS.2-887 AND 53-126 TO SAID CODE; AND CON-;: I' TAINING A REPEALER- PROVISION -AND A SEVERABILITY I CLAUSE. ORDINANCE NO. 12006 AN ORDINANCE'. OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, . AS AMENDED, ENTITLED -"OFFENSES-: MISCELLANEOUS" TO ADD A NEW SECTION TO MAKE IT .UNLAWFUL FOR A PERSON TO AGGRESSIVELY PANHAW DLE; MORE PARTICULARLY BY ADDING NEW SECTION 37- 6 TO SAID'CODE;=CONTAINING A REPEALER PROVISION AND ASEVERABILITY CLAUSE;. AND PROVIDING'FOR'AN EFFECTIVE DATE. ' ORDINANCE NO.-12007 AN ORDINANCE OF THE-:MIAMI CITY COMMISSION AMEND-' ING THE FUTURE LAND USE MAP OF THE COMPREHEN- SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXI- MATELY 5932 NORTHEAST 2ND AVENUE; MIAMI,- FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL' TO, "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECT-" ING TRANSMITTALS TO AFFECTED AGENCIES; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING. FOR AN EFFECTIVE DATE. 'ORDINANCE NO. 12008 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING PAGE NO. 13 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, -THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,. BY .CHANGING THE ZONING CLASSIFICATION ;FROM R,-3..MULTIFAMILY,. MEDIUM. DENSITY RESIDENTIAL TO C 1 RESTRICTED - COMMERCIAL FOR THE PROPERTY LOCATED AT APPROX- IMATELY 5932 NORTHEAST 2ND AVENOE,.MIAMI,'FLORIDA, CONTAINING A L`E REPEAR;,PROVISION,:A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. " ORDINANCE NO. 12009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE. NO: 11000, AS AMENDED„THE ZONING ORDINANCE OF THE'CITY.OF MIAMI. FLORIDA, BY AMEND jl ING ARTICLE 4,. SECTION 401, SCHEDULE OF, DISTRICT REGULATIONS; ARTICLE: 9, SECTION .934; COMMUNITY BASED RESIDENTIAL FACILITIES,. AND, ARTICLE 25, SEC- TION 2502, SPECIFIC DEFINITIONS, TO'MODIFY PROVI- SIONS RELATED TO COMMUNITY BASED RESIDENTIAL FA- CILITIES; CONTAINING.A REPEALER PROVISION AND SEV- ' ERABILITY CLAUSE; AND PROVIDING FOR AN'EFFECTIVE 1 DATE: ORDINANCE NO. 12010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- 'ING ORDINANCE NO. 11000, AS.AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND-. ING ARTICLE 9,,SECTION 916, INTERIM,PARKING, TO MODI- FY PROVISIONS RELATED TO INTERIM PARKING; CON- ' TAINING A REPEALER PROVISION AND. SEVERABILITY CLAUSE;.AND PROVIDING FOR AN EFFECTIVE.DATE. ORDINANCE NO.'12011 ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND- ING ARTICLE-9, SECTION 910, UNITY OF TITLE, TO ALLOW. ACCEPTANCE OF A COVENANT IN LIEU OF A UNITY OF TI- TLE FOR PROPERTIES ZONED R-4. MULTI -FAMILY HIGH DENSITY RESIDENTIAL; CONTAINING A REPEALER PROVI- SION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE *, ORDINANCE NO. 12012 AN ORDINANCE OF -THE MIANP-CON AMEND- ING CHAPTER 62/ARTICLE. V OF THE CODE OF THE,CITY OF MIAMI, FL-ORIDA; AS1_AMENDED, ENTITLED "ZONING AND. PLANNING%APPOINTMENT OF MEMBERS AND ALTER- NATE MEMBERS OF THE' PLANNING ADVISORY BOARD AND ZONING BOARD"; TO AMEND PROVISIONS -RELATED TO COURTESY NOTICEI'FOR CONDOMINIUM ASSOCIA- TIONS; MORE PARTICULARLY. BY AMENDIG SECTION 62- ._129(4)'OF.SAID CODE;. CONTAINING ARE . PEALER PROVI- SION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE '.Said ordinances' may be inspected.bythe.public at -the Office of i the City Clerk, 3506 Pan American -Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. . and"5 p.m.. All interested persons may -4ppear at the meeting.and may be, heard with respect to the proposed ordinances. Should any person desire to ap- peal'any decision of'the CityCommission with respect to any matter to be. .considered at this meeting, that' person shall ensure that a -verbatim, record of the proceedings is made including all testimony and evidence `upon which any appeal may be based. `ZY OFF WALTER J, FOEMAN 4 -- - CITY CLERK,,,`' " �Er-0.FLO¢�C 09376) 12/29 00-4-64/•120070M