The URL can be used to link to this page

Home My WebLink AboutM-92-0267J-92 2/26N ORDINANCE NO. ORDINANCE AMENDING ORDINANCE 11000, AS NDED, THE NEW ZONING ORDINANCE OF THE CITY OF IAMI, FLORIDA, BY AMENDING SECTION 23.05, ENTI ED "STATUS OF APPLICATIONS FOR DEVEL MENT PERMITS"; EXTENDING THE TIME LIMITS OR OBTAINING BUILDING PERMITS AND CERTIFIC ES OF USE AND OCCUPANCY PURSUANT TO PRIOR AND CURRENT ORDINANCES; CONTAINING A REPEALER P VISION, SEVERABILITY CLAUSE, AND AN EFFECTIVE ATE. WHEREAS, the Miami Plan\ing Advisory Board, at its meeting of February 19, 1992, Item Nfollowing an advertised hearing adopted Resolution No. PAB 6-92 b a vote of 7 to 1, recommending DENIAL of amending Ordinance No. 11 0 as hereinafter set forth; and WHEREAS, notwithstanding the recomme ation of denial by the Planning Advisory Board, the City Commi Sion after careful consideration of this matter. deems it advisab a and in the best interest of the general welfare of the City o Miami and its inhabitants to Amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OFVHE CITY OF MIAMI, FLORIDA: DENTED B f,.w r ,•, •;: NmOTTON 110442 D. El Section 1. Ordinance No. 11000, as amended, the new Zoning Ordinance of the City of Miami, Florida, is hereby amended in the following partioulars:I/ M � ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES Soo. 2108. Status of applications for development permits. 2108.2. Status of applications for development permits and certificates of occupancy filed after the effective date of Zoning Ordinance 11000 (September 4, 1990). All such applications shall be reviewed in accordance with provisions of Ordinance No. 9500 (or in accordance with this ordinance, at the discretion of the applioant). An application shall be reviewed totally under the old regulations or totally under the new, but not under both. Except as specified in section 2105.2.1 and 2108.3 herein, complete applications for the building permits (including all building plans, drawings, surveys and legal documents required by applicable law, ordinance, statute or regulation) may be filed and accepted in accordance with the provisions of Ordinance 9800 a) until Xj%y 25. 1992; b) up to 180 days from the final decision on said application for a development permit or decision on a variance by the Zoning Board or City Commission, if appealed; o) up to 180 days from the decision of a court of competent jurisdiction, if appealed; or d) the time specified in the development permit itself; whichever provides the longest time. Applicants for building permits shall be permitted to make changes in the building plans and 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. -2- drawings only when so required by the city as a result of its review of the applications. If the applications meet all the applicable requirements of this zoning ordinance (and other applicable regulations in the City Code) said building permit or oertifioate of occupancy shall be issued pursuant to this paragraph and the deadlines above; no building permit shall be issued pursuant to this paragraph after the 180 days of proper filing for the final building permit. 2105.4 Status of applications for development permits or oertifioates of occupancy under Ordinance No. 11000 when Ordinance No. 11000 has been amended. 2105.4.1 Applications and permits. Any property owner or lawful representative thereof, who, prior to the effective date of any legislation repealing or modifying regulations which allow the requested activity, has properly filed a complete application for a development permit(s) with the appropriate city department, is hereby authorized to proceed with such applioation(s) regardless of the subsequent repeal of regulations relevant to such requested activity, unless the contrary is specifically decreed. In no case shall an application be accepted subsequent to the effective date of an ordinance which precludes the approval or action applied for. Applicants for said development permits shall be allowed to make changes in their applioation(s) only when so required b the City as a result of its review of the applications) . The necessary building permit(s) or oertifioate(s) of use, whichever is first required, when reviewed under expired regulations, shall be obtained a) within 180 days of the effective date of the expired regulations; b) within one hundred etgiity twenty (180 ) 1= days from the date of special permit approval by the appropriate department, or 2,, from the effective date of this amendment (9�dinanoe ) as the case may be. In the event an appeal is taken to the courts, said building permit(s) or oertifioate(s) shall be obtained within one hundred eighty (180) days from the date the final court decision is rendered, whichever provides the longer period of time. � M -3- Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affeoted. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 12 h day of March , 1992. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1992. ATTEST: XAVIER L. SUAREZ, MAYOR NATTY HIRAI City Clerk PREP RED AND A PROVED BY: A� LINDA KELLY KkARS 14 Assistant City. Attorney APPROVED AS TO PORN AND CORRECTNESS: W. VINN S, III City Att ey LKK/pb/M884 PLANNING FACT SHEET CASE NUMBER- 92- 9 APPLICANT City of Miami Planning, Building and Zoning Department: January 24, 1992 LOCATION N/A LEGAL DESCRIPTION N/A PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 21 Administration, Enforcement, Violations and Penalties, Section 2105, by revising the text of the section to extend the time limits for obtaining building permits and certificates of use and occupancy pursuant to Ordinances 9500 and 11000. PLANNING RECOMMENDATION Approval BACKGROUND On January 23, 1992, a developer complained that she was precluded from Proceeding with her multi -million dollar project because her plans had to be changed to conform to Zoning Ordinance 11000 which is now ip effect (rather than previous Zoning Ordinance 9500, which expired September, 1990). The Commission was sympathetic to this developer in this time of recession and asked the administration to be flexible in solving the developer's problem. ANALYSIS i This amendment opens a window of opportunity for a few projects, that -have complete working drawings, to proceed under previous Zoning Ordinance 9500, which was superseded by Zoning Ordinance 11000 in September, 1990. This amendment would allow applications for building permit to be submitted under Ordinance 9500 during the period April 25 - May 25, 1992, and provide that the building permit must be obtained in the following three months (120 days from the effective date of April 25, 1992) or by August 23, 1992. (See draft ordinance attached) BROAD and CA.SSEL, ATTORNEYS AT LAW Cr1iYc._ T T'f City Clerk's Office City of Miami 3500 Pan American Drive Miami, FL 33133 Gentlemen: REPLY TO: Court • House Center Suite 20W 175 Northwest First Avenue Miami, Florida 33128 Miami (305) 371-9100 Broward (305) 763-2070 Telecapy 373-9443 WRrrER'S DIRECT LINE: 373-9420 April 2, 1992 I understand that the at the last meeting of the City Commission an Ordinance was passed extending the time for certain applicants to complete their applications for building permits in certain locations where zoning had been changed. I understand the same matter will come up for a second reading at the April 30th meeting of the Commission. If there is any way possible, I would appreciate a copy of the proposed Ordinance as I believe that I have been contacted by someone who would be affected by same. I am enclosing a self-addressed, stamped envelope for your convenience in sending me a copy of the particular pending Ordinance past on first reading recently. Sincerely yours, BROAD AND CASSEL MSC/smb MARWIN S. CASSEL,P.A. enc. 990 Hammond Drive, N.E. 2150 Parklake Drive, N.E. 7777 Glades Road One Financial Plaza Atlanta, Georgia 30329 Atlanta, Georgia 30345 Boca Raton, Florida 33434 Fort Lauderdale, Florida 33394 (404) 393.2100 (404) 938-7200 (407) 483-7000 (305) 764-7060 Telecopy 483-7321 Telecopy 761-8135 suite 500 The Reflections Office Centre 1051 Winderley Place 14003 N. Dale Mabry Hi way 820 East Park Avenue 400 Australian Avenue South Maitland, Florida 32751 660-8994 Tampa, Florida 3361� P.O. Drawer 11300 (407) (813) 962-0027 Tallahassee, Florida 32302 West Palm Beach, Florida 33401 Telecopy 660.0847 Telecopy 960-8959 (904) 681-6810 T432-3300 ecM 655-1109 f .r 9a— 13g 92- 267 x