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Home My WebLink AboutO-10628J-89-63 7/31/89 ORDINANCE NO. _ ()C"F' AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ADDING SUBSECTION 2503.5 TO LIMIT THE EFFECTIVE DATE OF CLASS C SPECIAL PERMITS TO ONE YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of February 1, 1989, Item No. 4(b), following an advertised hearing adopted Resolution No. PAB 7-89 by a vote of 8 to 0, 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 Zoning 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. The text of Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida is hereby amended as follows : .`/ "ARTICLE 25. CLASS C SPECIAL PERMITS; DETAILED REQUIREMENTS Sec. 2503. Time limitations; conferences; notification of decision. 2503.5. Time Limits for Class C special permits Unless otherwise provided by the particular Class C shall be permit. all Class C special permits issued for a one (1) year period Underscored words and/or figures constitute the amendment. Words and/or figures which are stricken through are to be deleted. Asterisks denote omitted and unchanged material. Unchanged material is now in effect. 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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.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 affected. Section 4. This Ordinance shall become effective thirty (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 JU1Y , 1989. XAVIER L. EZ, MAYOR 4ATTE*RAI�CITY LERK PREPARED AND APPROVED BY: ADRIENNE L. RIESNER ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS JORGE L. FERNANDEZ CITY ATTORNEY ALF/JEM/dot/M439 -2- PZm2l PLANNING FACT SHEET APPLICANT City of Miami Planning Department: December 12, 1988 PETITION Per the direction of the City Commission on November 17, 1988, consideration of amending amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending Article 25. Class C Special Permits: Detailed Requirements, by adding a new subsection 2503.5. Time Limit for Class C Special Permits, to provide that Class C permits are issued for one year (with exceptions), subject to renewal. REQUEST To amend Zoning Ordinance 9500 to limit all Class C permits to one year (with renewals). BACKGROUND On November 17, 1988, the City Commission passed Motion 88-1129, as follows: "A MOTION OF THE CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE APPROPRIATE LEGISLATION TO INSTITUTE A POLICY IN CONNECTION WITH ALL* APPLICATIONS FOR CLASS C PERMITS THAT, WHEN AN APPEAL IS FILED WHEREIN TEN PERCENT OF THE AFFECTED RESIDENTIAL HOMEOWNERS ASPIRE TO JOIN IN THE APPEAL PROCESS, THERE SHALL BE NO CHARGE TO SAID RESIDENTS OF THE AFFECTED AREA; FURTHER STATING THAT THE TIMETABLE FOR FILING AN APPEAL SHALL BE EXTENDED FROM FIFTEEN TO THIRTY DAYS." Appropriate legislation was forwarded to the Planning Advisory Baord and City Commission. On May 25, 1989, in a separate action, the Commission eliminated transitional uses on first reading, and amended this ordinance, leaving only this time limit in the proposed Ordinance. ANALYSIS Since 1983 the Planning Department has issued 1078 Class C special permits; of these, 12 have been appealed to the Zoning Board; of these, 7 have been appealed to the City Commission; of these, 4 have been appealed to the Circuit Court. Separately, on two occasions, property owners have protested Class C permits by personal appearances before the Commission: Of the 12 appeals to the Zoning Board, two pertained to cluster housing (since eliminated PAB 2//1/89 (PZ- /22/89 Item #4b Page 1 of 2 -1.0626 0 from the Zoning Ordinance) and three pertained to transitional uses. The objective of Class C special permits - using administrative judgement in expediting approval of rather straight -forward non -controversial items - has been achieved; 1078 permits have been issued over a 5-year period; only 12 have started the appeal process to the Zoning Board or an appeal rate of 1%. The Planning Department, in certain instances only, has required the applicant to notify abutting property owners of an intended decision; the appeal period is 15 days following final decision (issuance of Class C permit). This Zoning Ordinance amendments would: renewals,- Limit Class Q permits to a gne year perioffl with RECOMMENDATIONS PLANNING DEPT. Approval. PLANNING ADVISORY BOARD Continued to January 18, 1989 by a vote of 7 to 0 on January 4, 1989. Meeting of January 18, 1989 re -scheduled to February 1, 1989. Resolution PAB 7-89; February 1, 1989, recommended approval by a vote of 8 to 0. CITY COMMISSION At its meeting of March 23,1 989, 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, in a separate action, the City Commission deleted transitional uses on first reading and amended this ordinance, leaving only this time limit in the proposed Ordinance. At its meeting of June 22, 1989, the City Commission did not take up the above. PAB 2/1/89 (CC Z-16)2/89 P Item #4b Page 2 of 2 10628 2 RECEIVED 1989 AUG 2 9 AN 9: 4 8 NATTY HIPM CITY CLEPX !:)TY 0r NIA�11, rf=I_n, 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. 10628 In the .... X.. X.. X .......... . . ............... Court, was published in said newspaper in the Issues of August 28, 1989 Affiant further says that the sold Miami Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, 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 c f advertisement; and afflant further says that she has er pa nor promised any person Iirm or corporation a iscount, abate, commission or ralUad for the purpose curing t advertisement for 11 11 and�tTks�Jbed before me this .2.8. ddgJof ...... A.D. 19.. 89.. wy o......... � t�yPhpitb, State.Vf Florida at Large (SEAL) ��,i� ' :• My Commiss 0�1t�JreB4tpr11�f0,�14 MR 114 ��,I11 1119Ntt��``