HomeMy WebLinkAboutO-10711t
J-89-1098
11/18/89
ORDINANCE NO.
010711L
A ORDINANCE, AMENDING CHAPTER 62 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING SECTION 82-16 TO REQUIRE A COMPANION
ZONING APPLICATION AND TO REORGANIZE THE
SCHEDULE FOR SEMIANNUAL PLAN AMENDMENTS;
SECTION 62-18 TO REFERENCE THE PLANNING
ADVISORY BOARD AS THE LOCAL PLANNING AGENCY;
BY INSERTING A NEW SECTION 62-19 ENTITLED
"LAND DEVELOPMENT REGULATIONS" AND LISTING
THEM; SECTION 82-28 BY ADDING A NEW
SUBSECTION (11) DESIGNATING THE PLANNING
ADVISORY BOARD AS THE LOCAL PLANNING AGENCY
AND LOCAL LAND DEVELOPMENT REGULATION
COMMISSION; AND CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 1, 1989, Item No. 3, following an advertised hearing
adopted Resolution No. PAB 61-89, by a vote of 8 to 0,
RECOMMENDING APPROVAL of amending the Code of the City of Miami,
Florida, as amended, 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
the Code of the City of Miami, Florida, as amended, as
hereinafter; and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Chapter 62 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following
respects:/
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.
010711L
"Chapter 62
Zoning and Planning
Sec. 82-16. Procedures for amending the comprehensive
plan.
(b) Applications for plan amendments. Applications
may be made by:
(1)
The City Commission
planning department
submission and rev
board. with or wits
which may by
to prepare
.ew by the
motion direct the
an amendment for
(4) The owner or agent or attorney for the owner of
property, pursuant to sections 62-16(a)3 and 4,
based on the advice of the planning department
that a plan amendment is necessary.
All applications for plan amendments shall be
submitted in writing to the planning department.
Applications under section 62-16(b)4 shall contain a
notarized statement by the owner of the property, his
agent or his attorney, that the facts as represented on
the application are true and correct to the best of the
owner's knowledge or that of his attorney or agent.
These Aapplications shall be accompanied by all
pertinent information required by this ordinance and
which may be required for proper consideration of the
matter, including an owner's affidavit, financial
disclosure and a certified list of owners of all
properties within three hundred seventy-five (375) feet
of the subject property along with payment of all fees
and advertising charges. These ftapplioations shall not
be deemed as accepted by the planning department unless
all appropriate information is supplied to the
satisfaction of the planning department. The ptaxintirg
-2-
010'711,
No private application will be aooepted unless. as
required. a companion application for a ohanQe of
is also filed. Where companion applications are
filed for both plan amendments and zoning amendments
for the same property, pursuant to section 62-16(a)3
and 4, only one (1) set of owner affidavits, financial
disclosure forms and property owners' list must be
filed.
Where companion applications are filed for both
plan amendments and zoning amendments, pursuant to
sections 62-16(a)3 and 4, the plan amendment will be
scheduled on an agenda of the planning advisory board
such that the public hearing occurs prior to the public
hearing by the zoning board on the zoning amendment.
(d) Review and recommendation by planning advisory
board. The planning advisory board. the local planning
agency. will conduct a publio meeting. Notice shall be
given of the public hearing as set out in section 62-
66(1) and 4, in addition, the planning advisory board
may, for the particular hearing involved, give such
additional notice as it may deem proper to the subject
of the hearing and circumstances therein involved.
(e) Adoption by the city commission. The city
commission shall hold at least two (2) advertised
public hearings on the proposed plan amendment. The
first public hearing upon the updated plan or portion
thereof or plan amendment shall be held dartng
sixty (60) days from the date of the planning advisory
board public hearing. Notice of such public hearing by
the city commission shall be given as set out in
section 62-68(1) and (4) of this chapter no less than
ten (10) days in advance of the public hearing. Except
as provided below, the first public hearing shall be
held for the purpose of transmitting or not
transmitting the plan amendment, as recommended by the
city commission to the state land planning agency
allowing a minimum of ninety (90) days for review and
written comment. The intention to hold a second public
hearing shall be announced and the city commission
shall establish a date certain for the second public
hearing. Except as provided below, in paragraphs
(b)(1) and (e)(1-6) of this section. the city
commission shall consolidate all proposed plan
amendments into a single submission for each of not
more than two (2) plan amendment adoption times during
the calendar year.
The city commission, upon receipt of written
comments from the state land planning agency shall hold
a second public hearing for the purpose of adopting the
plan amendment tix btle glonbhs of iffunt, irrid bece.Lub and
-3-
010711L
shall take Legislative action within sixty (60) days of
receipt. _
it shall be held
on a weekday approximately ten (10) days after the day
that the second advertisement is published. The city
commission shall review the written comments, if any,
submitted by the state land planning agency and any
other person, agency or government.
Sec. 82-18. Applicability of comprehensive plans after
adoption.
After comprehensive plans for the city or a
portion of such plans corresponding generally with a
geographic or functional classification of the city
have been adopted in the manner herein set out, no
zoning ordinance, subdivision regulation shall be
adopted, repealed or amended until such question has
been referred to the planning advisory board, acting, as
the looal planning_ agency and local land development
regulation or commission, for review and recommendation to
the city commission; provided that this recommendation
shall be made in a reasonable time not to extend beyond
two (2) regularly scheduled meetings of the planning
advisory board otherwise the city commission may act on
adoption and provided, however, that this provision
shall not apply to those hearings required to be held
by the zoning board under other city ordinances.
(3)
(4)
WMI
•:_ � 4 %. } %.' - It - } t �{ - } • } - 4 %. SS
-4-
Q 071i
Sec. 62-2e2l. - 62-23. Reserved.
Sec. 62-25. Functions, powers and duties generally.
* if
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.
107111
Seotion 4. If any part of seotion, paragraph, olause,
phrase or word of this Ordinanoe is deolared invalid, the
remaining provisions of this Ordinanoe shall not be affeoted.
Seotion 8. This ordinanoe shall beoome effeotive thirty
(30) days after adoption pursuant to Law.
PASSED ON FIRST READING BY TITLE ONLY this 2-cit-h day
of _ January , 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 15th day of February, 1990.
c7K :4
VIER L. SUAREZ, AYOR
AT
TY CHI R�A �
CITY CLERK
PREPARED AND APPROVED BY:
ADRIENNE L. TRIESNER
ASSISTANT CITY ATTORNEY
'APPROVED AS TO FORM AND CORRECTNESS:
J0 E L. FERN NDEZ
CITY ATTO E
ALF/dot/M581
ME
PLANNING FACT SHEET
APPLICANT
City of Miami Planning Department:
October 11, 1989
PETITION
3. Consideration of amending Chanter 62 Zoning and
Planning of the City Code by amending Section
62-16 to require a companion zoning application
and reorganize the schedule for semiannual plan
amendments; Section 62-18 to reference the
Planning Advisory Board as the local planning
agency; Article III Planning Advisory Board,
Section 62-25, by adding a new subsection (11)
designating the Planning Advisory Board as the
local planning agency and local land development
regulation commission, in accordance with
Sections 163.3174 and 163.3194(2) F.S., by
inserting a new Section 62-19 Local Land
Development Regulations and listing them,
renumbering existing Section 62-19 to
Section 62-20 and reserving Sections 62-21 -
62-23.
REQUEST
To amend the City Code in conformity with State
Growth Management legislation pertaining to a)
Planning Advisory Board responsibilities; b)
time frames for plan amenoments and c) land
development regulations.
RECOMMENDATIONS
PLANNING DEPARTMENT
Approval.
ANALYSIS
These amendments would:
1. establish October 1st and April 1st as the
application deadlines for semiannual plan
amendments (with exceptions - small scale
developments are always exceptions) and
delete other months.
2. designate the Planning Advisory Boaro as the
local planning agency per Section 163.3174
F.S. (the PAB had already been
appropriately designated by Ordinance 8546;
April 22. 1976) and as the local land
®10711
PAB 11/1/89
Item #3
Page i of 2
development regulation cor®ission per
Section 163.3194(2) F.S.
3. list previously enacted local land
development regulations.
4. prevent a private applicant from applying
for a plan amenament without at the same
time applying for a companion change of
zoning.
RECOMMENDATIONS
PLANNING ADVISORY BOARD At its meeting of November 1, 1989, the Planning
Advisory Board adopted Resolution PAB 61-89, by
a vote of 8 to 0, recommending approval of the
above.
CITY COMMISSION At its meeting of December 14, 1989, the City
Commission continued the above to its meeting
of January 25, 1990.
At its meeting of January 25, 1990,
the City Commission passed the above
on First Reading.
010 71I-
PAB 11/1/89
Item #3
Page 2 of 2
\
CITY OF MIAMI
HEARING BOmJS DIVISION, BUILDING AND ZONING DEPARTMENT
P.O. BOX 708, MIAMI. FLORIDA 33133 - 579-6082
APPLICATION FOR PLANNING ADVISORY BOARD PUBLIC HEARING
This Petition is proposed by:
( ) City Commission
{ ) Planning Advisory Boaro
( ) Zoning Boara
W Planning Department
in compliance with Resolution dated or
Memorandum dated October 11, 1989
REQUIREMENTS:
I. All documents, reports, studies, exhibits, or other written or graphic
materials,' if any, to be used in support of this hearing shall be submitted
with and be a part of this application.
2. Certified list of owners of real estate within 375' radius from the out-
side boundaries of the subject parcel (when necessary).
DATE October 11, 1989
The subject property is located at
AND MORE PARTICULARLY DESCRIBED AS:
Lot (s)
Biock (s)
SUBDIVISION
It is herewith petitioned and requested that
OR
Request for consideration of an amendment to Ordinance 9500, the Zoning Ordinance
of the City of Miami, as follows:
Consideration of amending Chapter 62 Zoning and Planning of the City Code
by amending Section 62-16 to require a companion zoning application and
reorganize the schedule for semiannual plan amendments; Section 62-18 to
reference the Planning Advisory Board as the local planning agency;
Article III Planning Advisory Board, Section 62-25, by adding a new
subsection (11) designating the Planning Advisory Board as the local
planning agency and local land development regulation commission, in
accordance with Sections 163.3174 and 163.3194(2) F.S., by inserting a new
Section 62-19 Local Land Development Regulations and listing them,
renumbering existing Section 62-19 to Section 62-20 and reserving
Sections 62-21 - 62-23.
SIGNED:
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF 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 Review, a dally
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10711
In the ............ X . X.. X .................... Court,
was published in said newspaper in the Issues of
March 7, 1990
Afflant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the sold newspaper has heretofore been continuously
published In said Dade County, Florida, each day (exce t
Saturday, Sunday and Legal Holidays) and has been entered as
second asa mall matter at the post ollice In Mleml In Bald
Dade C tyy Florida, fora eriod of one year next receding
the Ilr bllcatlon of the a lathed copy of advertisement; and
affian f her says that she has Walther paid nor promised any
pers irm or torpor lion any discount, rebate, commission
or r y d for the pur se of securing this advertisement for
publ lion in the sa ewspaper. ' w
vorr t and-substbed before me this
7. .may of ... A 144 r. •! A.D. 19..... 90
;0"t
�.N.Wy
°.fin ...........
� H.Marmer
P"Ila S a of Florida at Large
(SEAL) r( •O F ' OQ1`
My Commisal1t 4"OVAswi%0 1992.
MR 114 .1
LIRGAMY161111
All Intereatilid persbhe`ilrlli take notldill'lNAt 611164 1$th,i ay y
Fdbfuary,10 0, the Clty 06MMIlfal6n of Mi11i111, Flotldar idoolod thi
following titled oldinancdb; ,
OROINANCE NO. 10 0
SUBSECTIONS (a) AND (6) OF SECTION 62.6.3 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED THEREBY
INCREASING THE NUMBER OF VOTING .MEMdlgb, OF`THE
MIAMI SPORTS AND EXHIBITION AUTHORITY (" AUTHORITY").
TO THIRTEEN; PROVIDING FOR A MEMBER OF THI: CITY COW
MISSION TO SERVE AS CHAIRPERSON OF THt:'AUTHt3RITY
FOR A ONE YEAR TERM, SAID APPOINTMENT TO BE AWMWED _•'
EACH YEAR; PROVIDING FOR THE 89LECTION'OF THE EXEC•
UTIVE DIRECTOR OF THE AUTHORITY 13Y ITS MEMBERS, SUB-
JECT TO CITY COMMISSION APPROVAL BY A' POUAiFIFTHS
(METHS) VOTE; AND REQUIRING THAT MONTHLY REPORTS BE <'
FURNISHED TO THE'AUTHORITY AND THE CITY COMMISSION
WITH RESPECT TO THE OPERATION. MAINT9NANCE AND s
FINANCIAL CONDITION OF THE AUTHORITY, CONTAINING A "
REPEALER PROVISION, A SEVERABILITY OL'AU$E•ANbr•'
.PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE N0,10707 7
i.
AN ORDINANCEAMENDING THE ENVIRONMENTAL -!-
PRESERVATION DISTRICTS' AND SCENIC TRANSPORTATION r
CORRIDORS ATLAS OF THE.CITY OF MIAMI, FLORIDA 13Y DES
IGNATING; GENERALLY, ALL PUBLIC RIGH1'S•OFWAVIN:THE ,
AREA FROM SOUTHWEST IST AVENUE.TO, SOUTHWEST;6TH
AVENUE BETWEEN SOUTHWEST 23R0 ROAD AND 80UTHWEST
27TH ROAD (A.K.A. "THE BRICKELL HAMMOCK PARKWAY'SYS ;
ITEM," AND MORE PARTICULARLY DESCRIBED HEREIN),'AS A
SCENIC. TRANSPORTATION CORRIDOR MAKING FINDINGS,
MAKING ALL NECESSARY CHANGES ON: PAGE NO •37-'AND 38
OF SAID ;ATLAS; CONTAINING A REPEALER PROVISION: AND
SEVERA91LITY CLAUSE; AND PROVIDING AN EFFECTIVE"DATE, A,
ORDINANCE N0:1b708
AN ORDINANCE AMENDING ORDINANCE NO 9500; AS
AMENDED, THE ZONING ORDINANCE OF -THE CITY_OF.MIAMI;
FLORIDA, BY AMENDING ARTICLE 15SPI, SPECIAL PUBLIC
INTEREST DISTRICTS, To. ADD NEW SECTIONS 15210�T SEQ,
SPI.21 RIVER ,QUADRANT MIXED USE DISTRICT;-:PRIS,VIbING '
FOR INTENT AND ;SPECIAL PERMITS, ,ESTABLISH, ING;':
PERM ISSI6LE` PHINCIPAL USES AND' STRUC,tURES;.;:':
PERMISSIBLE ACCESSORY USES AND STRUCTURES, MINIMUM
LOT'REQUIREMENTS,-FLOOR AREA 'LIMITATION$!�AND
MINIMUM OPEN SPACE REQUIREMENTS, AND PROWDINGFOR ,;,.:
VARIATIONS;, ESTABLISHING HEIGHT,'LIMITATIONS;'OFFICE
PARKING AND LOADING. REQUIREMENTS, AND LIMITATIONS
ON SIGNS; CONTAINING A`REPEALERPROVISION''AND'A SEV-'',
ERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
ORDiNANCENO. Ion
a'
AN ,ORDINANCE_.AMENDINd THEZONING:ATLAS.OF
ORDINANCE NO.9500; THE ZONING ;ORDINANCEOFJHE CITY.
OF MIAMI. FLORIDA.'BY'CHANGING THE 2ONING'CLAAAIFI
;411A!JVIY VP":1 r9 C, rY1VYtMIT -U t:Nl:KALLT
SECOND A�4VENUE ON`THE, EjAST,THE,MII
SOUTH, 1,05 RIGHT-OF•WAY ONTHE WEST
STREET ON THE NORTHIMORE PARTICULARLY_DESCRISED.'"
HEREIN),'FROM WF•I17 WATERFRONT INDUSTRIAL AND C,EDG 1#,
COMMERCIAL GENERAL' TO SPI.21 ;RIVER, QUADRANT MIX.:
USE DISTRICT; MAKING FINDINGS; BY;MAKING,ALL
NECESSARY CHANGES ON PAGE 36 OF SAID ZONING ATLAS,•'?
CONTAINING A'. REPEALER PROVISION'AND'A SEVERABILITY,;
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.,
ORDINANCE NO;10710
AN ORDINANCE; WITH ATTACHMENT •:AMENDINO THE•SCHED�
ULE OF DISTRICT REGULATIONS OF ORDINANCE NO.- 9600,
THE ZONING ORDINANCE OF, THE, CITY 'OF- MIAMI;-FLORIDA;
iAS AMENDED, BY CHANGING THE UNIT DENStTY,CAP UP TO
40 UNITS PER NET ACRE AND DELETING STORIES ON PAGE 2,
RG•2, GENERAL RESIDENTIAL;' BY ADDING ANEW ZONING
.DISTRICT CLASSIFICATION OF "CON. *CONS ON
PAGE 6 TO BE RESERVED FOR ENVIRONMENTALLY SENSITIVE
j AREAS; AND BY AMENDING THE. ZONING ;ATLAS'.OF
ORDINANCE NO.9500, THE ZONING ORDINANCE OF THE CITY,
OF MIAMI, FLORIDA,' AS AMENDED,, BY.'. CHANGING, ZONING
CLASSIFICATIONS WHICH AFFECTAPPROXIMATELY FIFTEEN
PERCENT OF THE TOTAL LAND AREA OF THE CITY,' IN ORDER
TO BRING SAID ORDINANCE INTO COMPLIANCE' WITH THE .
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN i989.2000,
PURSUANT TO SECTION 163:3202(1), FLORIDA STATUTES,(1987),.
SAID CHANGES BEING MORE PARTICULARLY DESCRIBED..",
HEREIN; BY MAKING FINDINGS AND BY MAKING` ALL THE''
NECESSARY CHANGES TO AFFECTED PAGES OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION, SEVERABILITY i
CLAUSE AND AN EFFECTIVE DATE. :;r
�-<?RDNdA N0.10711
AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF
THE CITY OF MIAMI( FLORIDA, AS AMENDED,'.BY AMENDING
9tCT(ON`69-18'TO` REQUIRE A COMPANION. ZONING APPLI
CATION AND TO REORGANIZE THE SCHEDULE FOR SEM16N•:
NUAL PLAN AMENDMENTS;, SECTION 82.18--TOsREFERENCE
THE PLANNING ADVISORY BOARD AS THE LOCAL' PLANNING'`
AGENCY; BY INSERTING A NEW'SECTION'0.19 ENTITLED ;
"LAND DEVELOPMENT REGULATIONS" AND, LISTING -THEM;
SECTION 62.25 BY ADDING A NEW SUBSECTION'(11) DES1G�
NATING THE PLANNING' ADVISORY BOARD AS THE LOCAL
PLANNING AGENCY AND LOCAL LAND DEVELOPMENT
REGULATION COMMISSION; AND CONTAINING A REPEALER:
PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
OR.QINANCE �0,10712
AN ORDINANCE AMENDINGOROINANCE NO, 95QQ,'AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY. AMENDING PAGE 4 OF THE OFFICIAL SCHED-
ULE OF DISTRICT REGULATIONS, BY INSERTING A' NEW CR•3
COMMERCIAL — RESIDENTIAL (GENERAL) TITLE AND
PROVIDING THAT THE SALE OF USED CARS IS PERMISSIBLE
BY SPECIAL EXCEPTION SUBJECT TO A LIMITATION; AND
PROVIDING AN APPROPRIATE EXCEPTION FOR SECONDHAND;.
MERCHANDISING UNDER PRINCIPAL USES AND STRUCTURES,
CR-3 COMMERCIAL RESIDENTIAL (GENERAL); CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Said ordinances may be Inspected by -the public at the Office oV
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between the hours of 8;00 a.m.
and 5:00 p.m.
(8868) -
MATTY HIRAI
CITY CLERK
MIAMI, F40RIPA
317 9D4-030792M