HomeMy WebLinkAboutO-10625J-88-1109
11/17/88
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING SUBSECTION
2301.5, ENTITLED "MAJOR USE SPECIAL PERMITS;
INTENT; DETERMINATIONS BY CITY COMMISSION;
REFERRALS," BY PROVIDING THAT THE PLANNING
DIRECTOR SHALL RECEIVE AND MAKE
RECOMMENDATIONS ON ALL APPLICATIONS FOR MAJOR
USE SPECIAL PERMITS AND AMENDMENTS THERETO
AND FORWARD SAME TO THE PLANNING ADVISORY
BOARD FOR RECOMMENDATIONS; BY AMENDING
SECTION 2806, ENTITLED "CHANGES IN APPROVED
MAJOR USE SPECIAL PERMIT," BY REFERENCING
SUBSTANTIAL DEVIATIONS FROM DEVELOPMENTS OF
REGIONAL IMPACT PER SECTION 380.06,
FLA. STAT., AND PROVIDING PROCEDURES FOR
REVIEWING SUBSTANTIAL CHANGES FROM PREVIOUSLY
APPROVED MAJOR USE SPECIAL PERMITS, AND BY
PROVIDING FOR A RECOMMENDATION ON SUCH
CHANGES FROM THE PLANNING ADVISORY BOARD, AT
A PUBLIC HEARING, WITH ABBREVIATED NOTICE;
AND BY AMENDING SECTION 3515, ENTITLED
"REQUIREMENTS CONCERNING CHANGES IN ORIGINAL
APPLICATIONS AFTER PROCESSING BEGINS," BY
DEFINING "SUBSTANTIAL CHANGE," AND PROVIDING
CRITERIA AND METHODOLOGY FOR DETERMINING SUCH
CHANGES.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 2, 1988, Item No. 3, following an advertised hearing
adopted Resolution No. 85-88 by a vote of 6 to 1, RECOMMENDING
APPROVAL, of amending Ordinance No. 9500, 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
Ordinance No. 9500, as amended, as hereinafter set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Ordinance No. 9500, the Zoning Ordinance of the
City of Miami, Florida, as amended, is hereby amended by amending
10625.
the text of said ordinance as follows:'/
"ARTICLE 23. SPECIAL PERMITS GENERALLY
2301.5. Major use special permits; intent;
determinations by City Commission; referrals.
It is intended that major use special permits be
required where specified uses and/or occupancies
involve matters deemed to be of citywide or areawide
importance.
The city commission shall be solely responsible
for determinations on applications for major use
special permits (see Article 28.)
The eity Gemmissie director of the department of
planning shall make recommendations on rre€eLa all
applications for major use special permits and for
amendments and shall transmit said applications and
recommendations to the planning advisory board and fie
the --eli r-eetaL e€ thedepartmenta€fin ing for their
recommendations and may make referral to other
agencies, bodies, or officers-r either through the
depart€ eAt e€--plaRRIng ems a;-vee ,�, for review,
analysis, and/or technical findings and determinations
and reports thereon.
ARTICLE 28: MAJOR USE SPCIAL PERMITS: DETAILED
REQUIREMENTS
Sec. 2806. Changes in approved major use special
permit.
Changes in an approved application for major use
special permit, or application approved with attached
modifications, conditions, or safeguards, may be
permitted after application to the director of the
department of planning by the original applicant or
successors in interest. Upon receipt of such an
application for change, the director of the department
of planning shall, in the case of Developments of
Regional Impact pursuant to Chapter 380.06, Florida
Statutes (1987), as amended, prepare a statement
demonstrating whether or not the proposed changes
should be considered to be substantial deviations, as
defined, in Florida Statutes and follow the procedures
as defined in Chapter 380.06, Florida Statutes (1987)
as amended, provided that the determination of
substantial deviation requires the recommendation of
the director of the department of planning, and the
recommendation of the planning advisory board and
approval of the City Commission, following public
notice and hearing as required by Florida Statutes. In
the case of proposed changes to major use special
permits, the director of the department of planning
shall refer the application to the zoning
administrator, who shall determine whether such changes
are substantial changes, as defined in Section 3515.1.
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.
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If so, the director of the department of planni_ng__s_hall
prepare a statement demonstrating whether or not such
changes would meet the same 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
not 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 meeting of the planning
advisory board at which the application for substantial
chance is to be considered, of the date, time and place
of the meeting, and indicating_ further where the
applicant may inspect, and copy if desired, the
recommendations of the director of the department of
planning. The officer or agent shall similarly notify
by regular mail, 2osted on the same date as the
registered communication to the applicant, any other
person and persons who have signified their interest in
the matter.
Upon the transmittal of recommendations of the
Planning Advisory Board to the City CommissionTL the
commission may take such action as is appropriate in
the matter; provided, if the commission has not acted
after two (2) regular meetings of the commission have
been held following receipt of application for change,
the recommendations of the director of planning shall
be deemed to have been approved.
ARTICLE 35. AMENDMENTS
Sec. 3515. Requirements concerning changes in original
applications after processing begins.
3515.1. Substantial changes defined; E changes prior
to notice of public hearing.
Substantial changes are determined by the Zoning
Administrator, upon a request to review proposed
modifications to applications for variances, special
exceptions, maior use special permits or zoninq atlas
amendments by persons defined in Section 3502.1(e),
using the following criteria:
a) the requested change exceeds the zoning
regulations;
b) the footprint of the building is
proposed to be moved by more than ten
(10) feet in any horizontal direction;
c) the height of the building or any
portion thereof is proposed to be
increased by more than five (5) feet, or
five (5) percent of the height of the
building which even greater, in a
vertical direction, or
d)any other change, which in the
evaluation of. the Zoning Administrator,
has not been part of the prior
application, has not been reviewed and
10625
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evaluated by the staff, and has a
serious effect on the project proposed
by application.
By mutual agreement between the director of the
department of planning and other affected parties,
substantial changes in original applications may be
made prior to publication of notice of hearing,
provided, that where such changes require major
alteration of department of planning reviews and
recommendations already prepared and based on the
original application, a second application fee shall be
required.
3515.4. Procedure where substantial changes are
proposed.
Where substantial changes are proposed:
(a) Subsequent to the notice of public
hearing, prior to public hearing, or at
the public hearing (section 3515.2
above); or
(b) After the public hearing but before
recommendation or adoption, as the case
may be, has been made (section 3515.3
above),
Such proposed changes are to be treated as a proposed
new amendment and subject to the applicable procedures
and standards of this article as for proposed new
amendments-,-, or in the case of develoments of regional
impact or major use special permits, subject to the
procedures set forth in Article 28.
ARTICLE 36. DEFINITIONS
Sec. 3602. Specific.
Reversed frontage lot. See Section 2006.3.
Substantial change. See Section 3515.1.
Substantial modification (of existing offstreet parking
faciltiies containing ten or more spaces). See Section
2017.4
* it
Section 2. All ordinances, code sections, or parts thereof
in conflict herewith are hereby repealed insofar as they are in
conflict.
Section 3. Should any part or provision of this Ordinance
be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of the ordinance as a
whole.
I Mzs
Section 4. This Ordinance shall become effective 30 days
after final reading and adoption hereof., pursuant to law.
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
May ► 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this _31st day of _ July ► IQRZ
ATT ST
MA 'ICY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
6,zl
J.0 L E . MAXWELL
AS ISTANT CITY ATTORNEY
JEM/db/M420
EZ, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
I
4YG-ffL E NANDEZ
ATT RN Y
0�2'5
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PLANNING FACT SHEET
•
APPLICANT City of Miami Planning Department:
September 19, 1988
PETITION 3. Consideration'of amending the text of Ordinance
9500, as amended, the Zoning Ordinance of the
City of Miami, ARTICLE 28: MAJOR USE SPECIAL
PERMITS: DETAILED REQUIREMENTS, by amending
Section 2806, Changes in Approved Major Use
Special Permit, by referencing substantial
deviations from Developments of Regional Impact
per Chapter 380.06 F.S., by providing procedures
for substantial changes from previously approved
Major Use Special Permits, and by providing for
a recommendation from the Planning Advisory
Board at a public hearing with abbreviated
notice; by amending ARTICLE 35 AMENDMENTS;
Section 3515 Requirements concerning Changes in
Original Applications after Processing begins,
by revising the title and text of subsection
3515.1 Changes prior to Notice of Hearing, to
include a definition of substantial change, with
criteria and determination by the Zoning
Administrator; by amending ARTICLE 36
DEFINITIONS, Section 3602. Specific, to add a
reference to the definition of substantial
change; and by amending ARTICLE 23 SPECIAL
PERMITS GENERALLY, Subsection 2301.5 Major Use
Special Permits, Intent; Determinations by City
Commission; References, by providing that the
Planning Director shall receive and refer all
said applications and amendments.
REQUEST To require Planning Advisory Board
recommendations on amendments to Major Use
Special Permits and provide a definition for
"substantial change".
ANALYSIS These amendments would:
1. Require that the
make recommendations on amendments to Ma_ior
Use Special Permits,
2. Provide a definition of "substantial change"
as a determination by the Zoning
Administrator based on criteria.
As pertains to proposed applications:
PAB 11/2/88
Item #3
Page 1
1,0625
a) Prior to notice of hearing substantial
cgs can be made (3515.1�.
b) After notice of hearing, prior to
hearing and at hearing, no change can -be
made which creates a substantial
difference (substantially at variance)
between the matter advertised and the
matter upon which the hearing is
-originally held. If substantial changes
are proposed, they shall be treated --as
new anolications.
c) For previously -issued Major Use Special
Permits, a determination of substantial -
change
.. by the Zoning Administrator will
trigger the necessity of an an_ Rlication
for amendment by the developer.
3. Provide a reference 'to "substa "ia1
deviations" from orev, iously-awed_
DeveloRments of Regional. Imp per
Chapter 380.06 Florida . Statutes,
whereby, the Planning Department and
Planning A__ dvisory Board will recommend
an substantial deviations, prior to a
City Commission deteMipation of whether
or not a nrooQsed change is a
substantial deviation.
RECOMMENDATIONS
PLANNING DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of November 2, 1988, the Planning
Advisory Board adopted Resolution PAB 86-88, by
a 6 to 1 vote, recommending approval of the above
subject to definition of "Serious Effect" being
provided for City Commission review.
CITY COMMISSION At its meeting of December 15, 1988, the City
Commission did not take up the above.
Atits meeting of January 26, 1989, the City
Commission continued the above to its meeting
of February 23, 1989.
At its meeting of February 23, 1989, the City
Commission continued the above to its meeting
of March 23, 1989.
At its meeting of March 23, 1989, the City
Commission continued the above to its meeting
of April 27, 1989.
At its meeting of April 27, 1989, the City
Commission continued the above to its meeting
of May 25, 1989.
...At its meeting of May 25, 1989, the City
Commission passed the above on First Reading.
At i.ts meeting of June 22, 1989, the City Commission
did not take up the above.
PAB 11/2/88
Item #3
Page 2
.1.06` '5
RECEIVED
1989 AUG 29 01 9? 47
t',,1ATTY
CITY CLERK
iT f OF 1'1041, FLA.
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
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor of Legal Advertising of the Miami Review, a daily
(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. 10625
In the ........... X.. I ..... . . ................. Court,
was published In said newspaper In the Issues of
August 28, 1989
Afflant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
Spubllshed in said Dade County, Florida, each day (except
aturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
afflant further says that she has�nelthld nor promised any
person, firm or corporation anyabate, commission
or rgfond for the purpose ofadvertisement for
pubticaNbn in the.aaid new
ibed before me this
.Z$.. day Q7,..�...... Au ust'.��.„A.D.19....
8.9
fOCheryl H. armor
'00tary PubliipState of lorida at Large
(SEAL) i tP•
My Commiss�yrrrcphgs April 12•
MR 114 ''','iIs, O1H IllOa`