HomeMy WebLinkAboutItem #59 - First Reading Ordinanced
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11/19/80
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 62-62 ENTITLED:
"REQUEST FOR REVIEW" OF THE CODE OF THE CITY
OF MIAMI, FLORIDA (1980), AS AMENDED, BY PRO-
VIDING FOR A RESCHEDULING FEE FOR ZONING ITEMS
RESCHEDULED BEFORE THE CITY COMMISSION BASED
ON THE ORIGINAL APPLICATION FEE, NOT TO EXCEED
FIVE HUNDRED DOLLARS ($500.00); CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
IgHEREAS, the City Commission wishes to establish guide-
lines for the rescheduling of zoning items before the Commis-
sion, and to provide a fee schedule to cover the administra-
tive costs involved in same;.
NOW, THEREFORE, BE IT ORbAINA0 BY,.THE COMMISSION OF THE
i
CITY OF MIAMI, FLORIDA:
Section 1. Section 62-62 41ititled: "Request for Review."
i
of the Cde of the City of Miami, Florida (1980), as amended,
is hereby'amended in the folio' ing particulars: 1/
t
\ SectiG 62-62 Request for Review
11 rd'gOests for review of decisions of the
onii�g board . . .
fining items scheduled to be heard by the
City Commission can be withdrawn, deferred
rescheduled or denied as set forth by City
Commission policy. Items rescheduled be-
fore the City Commission shall be assessed
a rescheduling fee based on the original
fee, not to exceed five hundred dollars
( 500. 00) . "
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this ordinance are hereby repealed.
CITY COMMISSION
MEETING OF
NOV2 G 1980
OFoir,4"(f no ...............
1/ *Asterisks indicate omittc .....
Underscored words and/or Lkloli' .., .,._ �
amendment proposed. «,a RLAJir,::
CItY OF MIAMI, Ft-01R10A
iNftP-oFFICE WtMORANoUM
TO Mr. Richard Pogmotn October 30, 1980
C Manager
COMMISSION POLICY concerning
remov
al of itemsfrom City
�,
Commission agendas
FROM D
uirector Perez -Luq"r":es
F? E F F: P E N C5,
Planning and Zoning Boards
Administration
We are transmitting herewith a Resolution and Policy Statement regarding' :i
requests to remove items from the Planning and Zoning Agendas for City
Commission meetings. t
This item is to appear on the Regular City Commission agenda of
November 6, 1980,
Q
t
CITY OP MIAMI
COMMISSION POLICY
SUBJCCT
Policy No.
Dated:
A policy concerning requests to remove items from the Planning
and Zoning Agendas for City Commission meetings.
PURPOSE:
To establish a uniform method by which planning and toning
i e'� ms scheduled to be heard by the City Commission can be
withdrawn, deferred, rescheduled, or denied.
POLICY:
It shall be the policy of the Miami City Commission to follow
the procedure outlined below for items which are being consider-
ed for removal from the Commission's Planning and Zoning Agenda.
Items of this nature will be handled'according to the type of
situation which occurs: Applicant rquest for removal, adminis=
trative action, or Commission review.
I. Procedure for removal by applicant or administration
A. An applicant may request either a withdrawal or
rescheduling of the item.
1. if the written request is received by the
Department of Planning and Zoning Boards
Administration no later than 13 working days
prior to the scheduled Commission meeting,
no rescheduling fee will be required. In the
case of an appeal of a Zoning Board decision
the fee charged for the originally scheduled
Commission hearing will be refunded.
2. In the case of a written request by the
applicant which is received less than the 13
working days before the scheduled commission
meeting:
(a) a rescheduling fee not to exceed $500,
based upon the fee schedule in § 62-62
of the City Code, will be required and
must accompany the request which will
then be rescheduled automatically.
10
(b) In Cate the item is withdrawn from
Consideration by the applicant; the
original application fee is forfeited,
3. If the written request for rescheduling is
not received at least 7 working days in
advance of the meeting, the applicant will
be required to appear before the Commission
for consideration of the item.
B. Items which have been determine,d by the Department
of planning and Zoning Boards Administration to
have deficiency or an error (i.e., defective notice
or incorrect legal advertisement) shall be adminis-
tratively removed from the Agenda with a full
explanation for Commission review in cases when
such determination has been made at least 7 work-
ing days prior to the scheduled meeting. If re-
scheduling is required no fee will be charged
unless the error or deficiency is caused by the
applicant's action.
II. The Commission will defer or otherwise dispose of scheduled
items which have not been properly removed from the
Planning and Zoning Agenda.
A. It shall be the exclusive prerogative of the City
Commission alone to defer an item for which a
written request has not been properly received by
the Planning and Zoning Administration Department
7 working days prior to the scheduled Commission
meeting, the determination of the length of time
for the item deferral is also the exclusive
prerogative of the City Commission.
B. In cases where the applicant has requested withdrawal
of this or her item less than 7 working days before
the scheduled hearing, or where an applicant fails
to appear for his or her scheduled item, the
Commission may choose to deny the item. This will
automatically preclude this request from being
presented framconsideration for one year or 18 months,
as designted in ordinance 6871. If the Commission
chooses to deny the items without prejudice. After
receiving staff recommends iit ons, the request may be
resubmitted, a new fee charged, and no time
limitations imposed upon such resubmission, as per
section 62-62 of the city code.
TVF/wpc/0
10/2q/ao
RESOLUTION NO.
A RESOLUTION ESTABLISHING THE: [)OLICY OF THE
CITY COMMISSION COV8RING REQUESTS TO RtMOVE
ITEMS FROM THE PLANNING AND ZONING AGENDA FOR CITY COMMISSION f4rETIt4GS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MINMI.r
FLORIDA:
Section 1. A policy is hereby established for govern-
ing requests to remove items from the Planning and zoning
Agendas for City Commission meetings.
PASSED AND ADOPTED this day of
1980.
MURICE A. FERRE, M A Y 0 R
ATTEST:
RALPH G. ONGIE, City Clerk
PREFAB D AI111 APPROVED BY:
tGAA44 - _
TLRRY V. ERCY
Assistant City Atto ney
APP.ROVL'D AS TO FOW - 11D. CORRECTNESS:
GEORG P KNOX _Jfl-
City kjtorney