HomeMy WebLinkAboutO-10185ORDINANCE NO, 1 0018-5
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMIt ARTICLE 30, APPEALS FROM DECISIONS OF
ZONING ADMINISTRATOR AND DIRECTOR OF THE
DEPARTMENT Or PLANNING, BY AMENDING SECTION
3004 OF SAID ARTICLE, ENTITLED, "SETTING
HEARING DATES; NOTICE", TO DESIGNATE THE
DEPARTMENT OF PLANNING AND ZONING BOARDS
ADMINISTRATION, RATHER THAN THE ZONING BOARD,
AS THE AGENCY TO SET THE DATE FOR THE HEARING
OF AN APPEAL FROM DECISIONS OF THE ZONING
ADMINISTRATOR AND DECISIONS OF THE DIRECTOR
OF THE DEPARTMENT OF PLANNING,
WHEREAS, the Miami Planning Department has recommended an
amendment to Ordinance No. 9500 (Codified as Article 30,
Section 3004, entitled "Setting hearing dates; notices", City of
Miami Zoning Ordinance) as hereinafter set forth;
WHEREAS, the Miami Planning Advisory Board, at its meeting
of October 15, 1986, Item No. 4, following an advertised hearing,
adopted Resolution PAB 39-86 by a vote of 9 to 0, which
recommended the amendment of Ordinance No. 9500 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 hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMIr FLORIDA:
Section 1. Ordinance No. 9500, the Zoning Ordinance of
the City of Miami, is hereby amended as follows:
ARTICLE 30. APPEALS FROM DECISIONS OF ZONING
ADMINISTRATOR AND DIRECTOR OF THE DEPARTMENT
OF PLANNING.
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.
Section 3004, Setting hearing dates; notice.
The 4,LeA�Rfj=ee department _,n.E 1?lannin(j and_,. zo.n i n,g
boards administration shall net a cute For the hearing ol the
appeal, which shall not be more than forty-five (45) days from
the date the notice of appeal was Eited; provided, the time
limitation herein set out shall not apply during the thirty-one
(31) days of the month of August. Notice of such date shall he
given to the appellant by certified mail. Notice by mail at
least fifteen (15) days in advance of the hearing shall be given
to any persons who, at any stage in the proceedings including
that time prior to decision by the administrative official, have
in writing indicated their desire to be notified.
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 section, 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. It is the intention of the City Commission
that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
"ordinance may be changed to "section", "article", or other
appropriate word to accomplish such intention:
PASSED ON FIRST READING BY TITLE ONLY this 23rd day of
October , 1986.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of November , 19Y4�2�
i �.
XAVIER L. SLTAREZ, MAYOR
lA'I'TX HIRAI
CITY CLERK
1 018
PREPARED AND APPROVED BY:
' CHRI5TOPHSR G. ORGE
`Y ATTORNEY
ASSISTANT CST
APPROVED AS TO FORM AND CORRECTNESS:
--7LUCIA A. DOUGHERTY
CITY ATTORNEY
CGK/rd/M073
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11 Kitty Hirai, Clerk of the C�'ty of M' mi, Florh
hereby certify tbnt on tliedaY at
A. V. 19a full, true ttnd correct co of tlae nl�i
and foregoing ordinance: W416 PwWted at a South f
of the Dade County Court House at the place provia
for nubces and POUC400as by attttchiJig suid COPY
the place provided therefor,
WIT�NI�R�S my hand a official s�1 ofA.
�=
Qty 3' of 1�R 1'�
ityl�rk
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
PATE November -14, 1986 FILE
To The Honorable ,Mayor and Members
of the City Commission SUBJECT
ORDINANCE - RECOMMEND APPROVAL
1� ART
TEXT 3004
NDMENT
FROM - ' REFERENCES
Cesar H. Odio ''
City Manager �,', ENCLOSURES COMMISSION AGENDA - NOVEMBER 25, ,198E
PLANNING AND ZONING ITEMS
It is recommended by the Planning Advisory Board that
an amendment to Ordinance 9500, as amended, the Zoning
Ordinance of the City of Miami, ARTICLE 30 APPEALS
FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF THE DEPARTMENT OF PLANNING, by amending Section 3004
Setting Hearing Dates; Notice be approved.
The Planning Advisory Board, at its meeting of October 15, 1986, Item 4,
following ,an aver Ise earing, adopted Resolution PAB 39-86 by a 9 to 0
vote, recommending approval of an amendment to Ordinance 9500, as amended, the
Zoning r i Hance o the
i ty of Miami, ICL OM DECISIONS OF
ZONING ADMINISTRATOR AND DIRECTOR OF<THAiFTIaEAT OF PLANNING, by amending
Section 3004 Setting Hearing Dates; Notice, to designate the Department of
Planning and Zoning Boards Administration, rather than the Zoning Board, as
the agency to set the date for the hearing of an appeal.
Backup information is included for your review.
An ORDINANCE to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration by the City Commission.
AEPL:111
cc: Law Department
NOTE: Planning Department recommends: APPROVAL
PLANNING FACT SHEET
APPLICANT
City of Miami Planning Department:
September 26, 1986
PETITION
4. Consideration of amending Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami, ARTICLE 30 APPEALS FROM DECISIONS OF
ZONING ADMINISTRATOR AND DIRECTOR OF THE
DEPARTMENT OF PLANNING, by amending Section
3004. Setting Hearing Dates; Notice, to
designate the Department of Planning and Zoning
Boards Administration, rather than the Zoning
Board, as the agency to set the date for the
hearing of an appeal.
REQUEST
To change the agency responsible for setting
public hearing dates to consider appeals from
decisions of the Zoning Administrator and
Planning Director.
ANALYSIS
The public expects a timely response when a
petition is presented- to the Zoning Board
appealing an administrative decision of the
c-
Zoning Administrator or Planning Director. The
existing time limit is 45 days. However, the
existing two-step process is slow - and
cumbersome: first, the Zoning Boardmust
establish a future hearing date (at a public
meeting or public hearing); secondly, the Zoning
Board must act on the appeal (at a public
hearing). This proposed amendment would allow
the Department of Planning and Zoning Boards
Administration, rather than the Zoning Board, to
set the date for the appeal hearing, thereby,
shortening and simplifying the process for the
benefit of the public.
RECOMMENDATIONS
PLANNING DEPT.`
Approval.
PLANNING ADVISORY BOARD
At its meeting of October 15, 1986, the Planning
Advisory Board adopted Resolution PAB 39-86 by a
9 to 0 vote, recommending approval of the above.
CITY COMMISSION
At its meeting .of'October 23, 1986, the City
Commission passed the above on First Reading,
PAB-10/15/86
�tem 14
age
1*0185
(APPEALS)
Consideration of recolroo.nding amendments to ,Ordinance 9500, as amended, the
Zoning Ordinance "of the City of 'Miami.
Section 1. Ordinance 9500, the Zoning Ordinance of the City of Miami is
herein amended in the following respects:��
ARTICLE 30. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF
THE DEPARTMENT OF PLANNING.
Section 3004. Setting hearing dates, notice.
The zopipg--bo director of the department of planning and zoning
boards administration shall set a date for the hearing of the appeal, which
shall not be more than forty-five (45) days from the date the notice of appeal
was filed; provided, the time limitation herein set out shall not apply during
the thirty-one (31) days of the month of August. Notice of such date shall be
given to the appellant by certified mail. Notice by mail at least, fifteen
(15) days in advance of the hearing shall be givento any persons who, at any
stage in the proceedings including that time prior to a decision by the
administrative official, have in writing indicated their desire to be
notified."
Language to be deleted is stricKen through, iJew additional language is
underlined and constitutes the amendment. Omitted and unchanged language
is denoted by asterisks.
1018
1� •
Aar ,n anes
,t,e fol-lowing Resolu pion and
roved i us adopt gin+
RESOLU-- 17,,1
PAL' 70-8
RESOLUTION TO RECOMMEND
APPROVAL '-)r
AMENDMENTS TO ORDINANCE
9500t AS AiV1ENDED, THE
ZONING ORDINANCE OF THE
CITY OF MIA141I ,
ARTICLE 30 APPEALS FROM
DECISIONS OF ZJONI*LIG
ADMINISTRATOR AND DIRECTOR OF THE DEPARTME.i
OF PLANNING, BY AMENDING
SECTION 3004 SEJTTI*1.
HEARING DATES; NOTICE,
TO DESIGNATE THE
DEPARTMENT OF PLANNING
AND ZONING BOARDS
ADMINISTRATION, RATHER
THAN THE ZONING BOARD,
AS THE AGENCY TO SET THE
DATE FOR THE HEARING _
OF AN APPEAL
Upon being seconded by
Mr. Herbert Lee Simon, the
motion was passed and adopted by
the following vote:
AYES: Ms. Hadley
Messrs. Lopez,
Armesto-Garcia, Asmar,
Benjamin, Gomez, Manes, Pedraza and Simon
NAYES, None.
ABSENT: Prone.
Mr. McManus: Notion carries 9 to 0.
October 15, 1986, item 4
Planning Advisory Board
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami. Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority personally appeared
Sockle Williams, who on oath says that she Is the Vice
President at 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
ORDIrIANCE NO. 101,95
In the . .. .:KN: K.
..... ..... ,.................... Court.
was published in said newspaper in the issues of
Dec. 8, 1986
Afflant further "says that the said Miami Review is a
nowsoaper :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 mail matter at the post office in Miami in said
Oade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement: and
atflant her says that she has neither paid nor promised any
peroo , if or corporation any discount, rebate, commission
or r un for the purpose of securing this advertisement for
pubi t n in the id newspaper.
0 t; flop a scribed before me this
ay P A.D.19.... 6
q t81 s V. Fe beyre
t C/is of Florida at Large
(SEAL)
My Commis 990.
MR 11q
CITY OF MIAMI
DADE COUNTY, FLORIDA
LEGAL NOTICE
All interested persons will take notice that on the 25th day of
November, 1986, the City Commission of Miami. Florida, adopted the
following titled ordinances:
ORDINANCE NO, 10182
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (September 1985)
FOR PROPERTY LOCATED AT APPROXIMATELY 3427.3523
SOUTHWEST 22ND TERRACE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING THE DESIGNATION
OF THE SUBJECT PROPERTY, FROM LOW -MODERATE DEN.
SITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL: MAK.'
iNG FINDINGS: AND, CONTAINING A REPEALER PROVI,
SION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10183
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985)
FOR PROPERTY LOCATED ATAPPROXIMATELY-3591 SOUTH
WEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED
HEREIN) BY CHANGING THE DESIGNATION OF THE SUB.
JECT PROPERTY FROM LOW -MODERATE DENSITY RESI-
DENTIAL TO COMMERCIAL -RESIDENTIAL:' MAKING FIND-
INGS;'AND, CONTAINING A REPEALER` PROVISION AND
SEVERABILITY CLAUSE.
ORDINANCE NO.,10184
AN EMERGENCY ORDINANCE ABOLISHING THE PLANNING
AND ZONING BOARDS ADMINISTRATION DEPARTMENT AND
CONSOLIDATING THE FUNCTIONS OF SAID DEPARTMENT
WITH THE BUILDING AND ZONING'DEPARTMENT, ALSO
PROVIDING FOR THE TRANSFER TO THE BUILDING AND
ZONING DEPARTMENT OF FUNDS PERSONNEL (EXCEPT
FORTHEDIRECTOR),'RECORDS,'AND EQUIPMENT
CURRENTLY BUDGETED FOR THE PLANNING, AND ZONING
BOARDS ADMINISTRATION DEPARTMENT; FURTHER PRO.
VIDING FOR FUTURE- REAPPROPRIATION OF SAID
BUDGETED FUNDS AND AUTHORIZING THE EXPENDITURE
OF SAID FUNDS BY THE BUILDING AND ZONING: DEPART-
MENT; CONTAINING A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE.
ORDINANCE NO, 10185
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE30, APPEALS FROM DECISIONS OF ZONING
ADMINISTRATOR AND DIRECTOR OF THE DEPARTMENT
OF PLANNING, BY AMENDING SECTION 3004 OF SAID ARTI-
CLE, ENTITLED, "SETTING HEARING DATES NOTICE", TO
DESIGNATE THE DEPARTMENT OF PLANNING AND ZONING
BOARDS ADMINISTRATION. RATHER THAN THE ZONING
.BOARD, AS THE AGENCY ,TO SET THE DATE FOR THE
HEARING OF AN APPEAL FROM DECISIONS OF THE ZONING
ADMINISTRATOR AND DECISIONS OF THE DIRECTOR OF
THE DEPARTMENT OF PLANNING.
Said ordinance(s) may be inspected by the public at the Office of
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.
MATTY HIRAI
CITY CLERK
CITY OF MIAMI, FLORIDA
04107)
1218 86-120818M