HomeMy WebLinkAboutO-10591J-88-1074
3/31/89
ORDINANCE NO. 10"i9l
AN ORDINANCE AMENDING SECTION 62-55 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY CLARIFYING THE REQUIREMENT OF
COURTESY MAIL NOTIFICATIONS FOR PLANNING
ADVISORY BOARD, ZONING BOARD AND CITY
COMMISSION PUBLIC HEARINGS; MORE PARTICULARLY
BY AMENDING SECTIONS 62-55 (3), (4), (5) AND
BY ADDING A NEW SECTION 62-55(6) PROVIDING
FOR OPTIONAL NOTICE OF PENDING ADMINISTRATIVE
ACTION ON SPECIAL PERMITS TO ADJACENT
PROPERTY OWNERS OR CONDOMINIUM ASSOCIATIONS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
1
WHEREAS, the City Commission adopted Ordinance No. 10454 on
July 14, 1988, on an emergency basis, pertaining to Chapter 62
Zoning and Planning of the City Code, specifically amending
Section 62-55(1), Newspaper Publication; deleting (3) Mail Notice
and re -numbering (4) Additional and Optional Notice to (3); and
WHEREAS, the City Commission adopted Ordinance No. 10489 on
October 6, 1988, on an emergency basis, pertaining to Chapter 62
Zoning and Planning of the City Code, again specifically amending
Section 62-55 by retaining the aforementioned paragraph (1)
Newspaper Publication; reinstating the aforementioned paragraph
(3) Mail Notice and re -numbering paragraph (3) to (4) Additional
and Optional Notice; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of October 19, 1988, Item No. 3, following an advertised hearing
adopted Resolution 83-88 by a vote of 8 to 0, RECOMMENDING
DENIAL, of amending the City Code - Chapter 62, as hereinafter
set forth; and
WHEREAS, the City Commission, notwithstanding the Planning
Advisory Board's recommendation, 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 City Code as hereinafter set forth:
IL0 59i
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 62-55 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following
respeots:l/
"CHAPTER 62
Zoning and Planning
"Sec. 62-55. Same - Types.
The requirements for the types of Public Notice are as follows:
(3) Mail notice. Notice of the time and place of the
public hearing by the planning advisory board,
zoning board, or city commission, as the case may
be, shall be sent at least ten (10) days in
advance of the hearing by mail to the owner of the
subject property or his designated agent or
attorney, if any.
(4) Courtesy notice. Notice of the time and place of
the public hearing by the planning advisory board,
zoning board, or city commission, as the case may
be, shall be sent at least ten (10) days in
advance of the hearing by mail to all owners of
property within three hundred seventy-five (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.
zoning —boards The Director of the Building and
Zoning Department, or his/her designee. shall
oertify at the time of the public hearing that
notice as herein required was given to the persons
as named and with addresses shown on his
certification by the placing in the mail system of
the United State on the date certified the
mired courtesy notice; the certification shall
be conclusive of the giving of courtesy mail
notice, in the case of condominiums. only one
courtesy notice will be sent to the condominium
association and 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 ma -it notice.
{-tj-L5_1 Additional and optional notice. The planning
advisory board, zoning board, or city commission,
Words and./or figures stricken through sba.11 be deleted. Underscored words
and/or figures shall be added. The remaining provisions are now in effect
and remain unchanged. Asterisks indicate omitted and uncharged material.
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t0591
as the case may be, may give additional and
optional notice as may be deemed proper for the
circumstances involved for the particular hearing,
but such additional notice shall not be deemed as
legally required. Where such additional or
optional notice is given, failure of an individual
property owner or groups of property owners or
residents to receive or be aware of such notice
shall not void any action taken by the zoning
board, planning advisory board, or the city
commission, as the case may be.
*
*
* 11
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.
PASSED ON FIRST READING BY TITLE ONLY this 23rd day
of 25th March May, 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of May 1989.
XAVIER L. S AREZ, AYOR
AT S
MA Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY: APPROVED AS TO FORM
AND CORRECTNESS:
UOE E. MAXWELL 440�E L. FER ANDEZ
,H F ASSISTANT CITY ATTORNEY CITY ATTQRN
JEM/db/M411
-3-
IL0591
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. 10591
Inthe X..X..?{............................ Court,
was published in said newspaper in the Issues of
June 5, 1989
Affiant further says that the Said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
ppand that the said newspaper has heretofore been continuously
Ssturday,tIn Sunday anDade egall Holidays) anda(haeabeen day es second class mall matter at the post offlce 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
aiflant further says that she has nett r paid nor promlesa any
c►rre n nr) ,Iar thaorpp Tosenolny c Ing t le adverts advertisement
pu c o In the eelrl new o
? •�Oq�, •�
• 4 and subsyrlbad afore me this
5, day if .. a ..... " . , A.D. 19.
hq�1 H. Mariner
° �� • Notary f o,ate of Florida at Large
(SEAL)
My Commleslori!AI400�12. 1992.
MR 114
CITY OF MIAMI, FLORIDA
LEGIAL'NOTICE
All Interested persons will take notice that on the 25th day of May,1989,
the City Commission of Miami, Florida, adopted the following titled ordinances:
ORDINANCE NO.10589
AN ORDINANCE AMENDING ORDINANCE NO.9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING SPI.5 BRICKELL-MIAMI RIVER RESIDENTIAL .
OFFICE DISTRICT PROVISIONS: SUBSECTION 15532, BY CHANGING
PERMISSIBLE RETAIL AND SERVICE USES AND LIMITATIONS
PERTAINING TO SIZE, GROUND FLOOR LOCATION AND
ACCESSIBILITY OF ESTABLISHMENTS; SUBSECTION 1556.2.2.,
BY CHANGING THE CONTRIBUTION TO THE AFFORDABLE
HOUSING TRUST FUND FROM FOUR DOLLARS ($4.00) PER SQUARE
FOOT TO A MAXIMUM OF SIX DOLLARS AND SIXTY SEVEN
CENTS ($6.67) PER SQUARE FOOT, ADDING CERTAIN PUBLIC
AMENITY USES TO THE RETAIL BONUS AND CHANGING
ACCESSIBILITY AND GROUND FLOOR FRONTAGE REQUIREMENTS,
PROVIDING A NEW BONUS FOR CHILD CARE, AND CHANGING
THE TITLE APPROPRIATELY; SUBSECTION 15562.3., BY EXCLUDING
CIRCULATION AND COMMON AREAS FROM THE RETAIL AND
SERVICE F.A.R. LIMITATIONS; SUBSECTION 1556.3.6.1., BY
MODIFYING THE AMOUNT OF REQUIRED URBAN PLAZA SPACE;
SECTION 1558., BY INCREASING THE MAXIMUM PARKING
LIMITATIONS FOR RETAIL USE, RESTAURANTS, BARS, NIGHTCLUBS,
SUPPER CLUBS, AND THEATERS; AND PROVIDING AN EFFECTIVE
DATE.
ORDINANCE NO. 10590
AN ORDINANCE, AS AMENDED, AMENDING ORDINANCE NO.
951X), AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY AMENDING SECTION 2501, PERTAINING
TO CLASS C. SPECIAL PERMITS, TO ALLOW APPLICANT
TRANSMITTED COURTESY CERTIFIED MAIL NOTIFICATION OF
APPLICATIONS TO ADJACENT PROPERTY OWNERS OR
CONDOMINIUM ASSOCIATIONS AS AN OPTION; AND AMENDING
SECTION 3506 BY CORRECTING SCRIVENER'S ERRORS AND
PROVIDING THAT NOTICE OF CHANGES TO ZONING ORDINANCE
TEXT OR SCHEDULE OF DISTRICT REGULATION SHALL BE
SOLELY BY PUBLICATION; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10591
AN ORDINANCE AMENDING SECTION 62.55 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CLARIFYING
THE REQUIREMENT OF COURTESY MAIL NOTIFICATIONS FOR
PLANNING ADVISORY BOARD, ZONING BOARD AND CITY
COMMISSION PUBLIC HEARINGS; MORE PARTICULARLY BY
AMENDING SECTIONS 62.55 (3), (4), (5) AND BY ADDING A NEW
SECTION 626NO PROVIDING FOR OPTIONAL NOTICE OF PENDING
ADMINISTRATIVE ACTION ON SPECIAL PERMITS TO ADJACENT
PROPERTY OWNERS OR CONDOMINIUM ASSOCIATIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 10592
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 4, CA-1,
PRINCIPAL USES AND STRUCTURES, TO AUTHORIZE, GENERALLY,
FINANCIAL INSTITUTIONS WITHOUT DRIVE -THROUGH FACILITIES
AND, BY SPECIAL PERMIT, ALL TYPES OF DRIVE -THROUGH
FACILITIES; FURTHER, AMENDING THE CG-1 AND CBD-1 DIS.
TRICTS OF PAGE 5 OF SAID SCHEDULE AND COLUMN, AND
SECTIONS 2031 AND 3602 OF THE ZONING TEXT. TO CHANGE
REFERENCES FROM "DRIVE-IN" TO "DRIVE -THROUGH,"
Said ordinances may be inspected by the public at the Ol'ice of the City
Clark, 3500 Pan American Drive, Miami, Florida, Monday through Friday,
excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m
S.1'110
(s143)MATTY HIRAI
CITY CLERK
MIAMI, FLORIDA
U5 89 4-060505M
n
CITY OF MIAMI, FLORIDA
INTER -OFFICE .MEMORANDUM
TO. Matty HiraiDATE .
City Clerk
SUBJECT
1 xwe ,l
FROM E . Ma .
REFERENCES:
Ch of Assistant City Attorney
anning/Development Division
ENCLOSURES:
May 26, 1989 FILE :
Agenda Item PZ-13 - 2nd Reading;
City Commission Meeting
of May 25, 1989
Attached, hereto, is a corrected original Page 2 of Item
PZ-13 from City Commission meeting of May 25, 1989. Please
insert this new page in lieu of the one in your packet of May 25,
1989, to correct a typographical error made on page 2 of said
Item.
The correction removed an unintentional strike -through of
several words in line 4 of section (4) of page 2.
Thank you for your assistance in this matter.
JEM/db/P880
Attachment
cc: Jorge L. Fernandez, City Attorney
Joseph McManus, Assistant Director, Planning Department
1059 :1
PZn13
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
September 30, 1988
PETITION 3. Consideration of amending Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami, ARTICLE 23. SPECIAL PERMITS; GENERALLY;
ARTICLE 25. CLASS C SPECIAL PERMITS; DETAILED
REQUIREMENTS; ARTICLE 26. CLASS D SPECIAL
PERMITS AND SPECIAL EXCEPTIONS; DETAILED
REQUIREMENTS; ARTICLE 28. MAJOR USE SPECIAL
-PERMITS; DETAILED REQUIREMENTS; ARTICLE - 31.
APPEALS FOR VARIANCE FROM TERMS OF ORDINANCE;
ARTICLE 35. AMENDMENTS; and further, to amend
the City Code, Chapter 62 PLANNING AND ZONING,
Sections 62-54 and 55, to provide for courtesy
mail notifications to the public for Class C
Special Permits, Special Exceptions, Major Use
Special Permits, Variances and Rezonings;
containing a repealer provision and a
severability clause.
REQUEST To provide courtesy notices pertaining to public
hearings of zoning items before the Zoning
Board, Planning Advisory Board and City
Commission to property owners within 375 feet of
the subject property.
BACKGROUND On July 14, 1988, the Commission adopted
Ordinance 10454, on an emergency basis which
reduced the number of newspapers in which zoning
items were advertised (Sec. 62-55(1)) and
eliminated courtesy notices to property owners
within 375 feet of the subject property
(Sec. 62-55(3)).
Because of concern expressed by citizens groups,
the Commission reinstated the notice to property
owners within 375 feet by Ordinance 10489
adopted on an emergency basis on October 6,
1988.
ANALYSIS These amendments would:
1. Retain courtesy -notice of public hearings on
zoning items to property —ow ers within 375
feet of the subject property; providing,
however, that the applicant would be
PAB 10/19/88
Item #3
Page 1
'LOS91L
resoo_ nsible for mailing certified letters,
return receipt required, in advance of the
hearing and would certify to the mailing.
(Sec: 62-55(4)).
2. Retain mail notice to the subject property
owner (Sec. 62-55-(3)) and additional and
optional notice (Sec. 62-55(5)).
3. Clarify notification to adjacent property
owners of pending Class C special Dermits by
the appl icy. (Sec. 62-55 (6)) .
RECOMMENDATIONS
PLANNING DEPT.
Approval.
PLANNING ADVISORY BOARD
At its meeting of October 19, 1988, the Planning
Advisory Board adopted Resolution PAB 83-88, by
an 8 to 0 vote, recommending denial of the above
as presented by the Planning Department.
CITY COMMISSION
At its meetina of November 17, 1988, the City
Commission continued the above to its meeting
of December 15, 1988:
At its meeting *of December 15, 10.88, the City
Commission did not take up the above.
At its 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 passed the above on First Reading,
as amended.
At its meeting of April 27, 1989, the City
Commission continued the above to its meeting
of May 25, 1989.
PAB 10/19/88
Item #3
Page 2 10 591
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