HomeMy WebLinkAboutItem #10 - Discussion ItemOF MIAMI, FLORIDA:
ORDINANCE NO.
A3 ORDINANCE AMENDING CITY CODE CHAPTER 62; SECTION
62-19 STANDARDS AND QUALIFICATIONS BY ALLOWING PRO-
PERTY OWNERS AS WELL AS ELECTORS OF THE CITY TO BE
APPOINTED TO THE PLANNING ADVISORY BOARD AND ZONING
BOARD; BY DIRECTING THE CITY CLERK TO MAKE SUCH FINDINGS
AS PART OF THE PUBLIC RECORD; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREFORE IN CONFLICT, AND
CONTAINING A SEVERABILITY PROVISION.
WHEREAS, the City Commission, by Motion 78-367 dated May
31, 1978 directed the administration to prepare recommendations on
residency requirements for City boards and Committees; and
WHEREAS, members of the Planning Advisory Board make
recommendations to the City Commission on land -use controls; and
WHEREAS, members of the Zoning Board make recommendations
to the City Commission on zoning re -classifications of land within
the City and serve as a quasi-judicial body for variances from, and
conditional use approval for the zoning regulations of the City,
under Ordinance 6871, subject to appeal to the City Commission; and
WHEREAS, the administration recommends that members of the
Planning Advisory Board and Zoning Board should, at the very least,
be owners of property within the City because of their direct
involvement in recommendations pertaining to the use of property
within the City; and
WHEREAS, the Commission finds it reasonable and appropriate
that appointment of members to the Planning Advisory Board and Zoning
Board should not only consider primarily, electors of the City of
Miami but also, secondarily, property owners of the City of Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE `COMMISSION OF `T ITY
CUMENT
ID
Section 1. That City Code Chapter 62,TS M NOection
►•
-19 Standards
and Qualifications be amended by deleting the sentence currently
reading as follows:
"Persons appointed shall be electors of the City"
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&rid etting in lieu thereof ;
"Primary consideration shall be giten to the dppointineht
Of persons who are electors of the City and secondary consideration
to persons who are owners of property within the City".
Section 2. That, at that time annually, when nominations are
proffered to the City Commission of persons interested in being appointed
to the Planning Advisory Board or Zoning Board, that the City Clerk
shall clearly indicate in the public record whether each such person
is either elector or a property owner within the City, according
tothe City Clerk's research of pertinent public records.
Section 3. That all laws or parts of laws in conflict
herewith be, and the same are hereby, repealed insofar as they are in
conflict.
Section 4. 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.
PASSED ON FIRST READING BY TITLE ONLY this day
of ,1978.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this
ATTEST:
CITY CLERK
day of
PREPARED AND APPROVED BY:
�j
i
G. MIRIAM MAER
ASSISTANT CITY ATTORNEY
R9VED AS TO F
ND CORRECTNESS:
GEOR'. a . KNOX, J
CIT TTORNEY
,1978.
TO:
▪ FROM:
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Joseph R. Grassie
City Manager
Jim Reid, Di ctor
Planning Department
BACKGROUND
It had come to the attention of the Planning Department that one member
of the Planning Advisory Board is not on elector of the City of Miami.
This information was presented to the Commission on May 31, 1978 and
the Commission responded by directing the Administration, by Resolution
78-367 to prepare a recommendation on residency requirements for all
City boards and Committees. Our analysis and recommendations are con-
fined to the residency requirements for the Planning Advisory Board and
Zoning Board.
CITY OP MIAMI, FLORIDA
1I4TER•OFFICE MEMORANDUM
uirt September 27, 1978
`..
iiLt
sue,tct Residency Requirements
Agenda Item - City Commission Meeting
October 24, 1978
ktFERtNcte
tNCLOiliURt*;
The City Commission, by Motion 78-367 dated May
31, 1978 directed the administration to prepare
recommendations on residency requirements for
City boards and committees. The Planning Depart-
ment recommends that the City Code Chapter 62,
be amended by altering residency requirements for
the Planning Advisory and Zoning Boards to not only
give priority consideration to the appointment of
electors, but also to include property owners.
ANALYSIS
Members of the Planning Advisory Board and Zoning Board make recommenda-
tions to the Commission on the manner in which property owners can or
'cannot utilize their property. The Zoning Board often acts as a quasi-
judicial body as only appeals from variances and conditional uses are
referred to the Commission. It would appear only equitable that, where
actions are being recommended on the use of property, that these actions
at least be recommended by property owners in the City.
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RECOMMENDATION
The Department recommends that the Commission schedule a public hearing on
amending City Code Chapter 62, Section 62-19 Standards and Qualifications by
deleting the sentence:
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Joseph R. Grassie
September 27, 1978
"Persons appointed shall be electors of the City"
d inserting in lieu thereof:
"Primary consideration shall be give to the appointment of persons
who are electors of the City or secondary consideration to persons who
are owners of property within the City."
(See Ordinance Attached),
JR:vh
- Attachment
r
time River
commerce Association, inc.
8247 N.E. 2nd Avenue/ Little River/Miami, Florida 33138 /754.7444/764,1444
October 24, 1978
Resolved that Little River Commerce Association, an
organization composed of merchants and residents of
the Little River Area, vigorously oppose any change
in the residency requirements for membership on the
City of Miami Zoning I3oard and/or Planning and Advisory
Board to permit decisions affecting the City of Miami
to be made by persons not residing in the City.
Robert A. Koppen
President
v
or
11111■1111111111.11■.1II1111IIIIIIIIIIIIIIIIII111111IIIIIIIIIIIIIIIIIIIIIIIIImiimiimm
tilt. OMUAt.A) C. ROSS, D.C., F.A. 28 E. 2NO SS11 EET HIALEAH, FLORIDA 330i° PHONE 885.2496
CHrilo•*ACYrC iswem CIAN
October 2431978
Miami City Commiss o iV
City hall
Miami, 1'1.
Members of the ;Bain City Commission
My name is 1)r. Gerald C. Ross and 1 reside at 1877 So.
Miami Avenue Miami, F1. It has come to my attention that
the commission is planning to introduce an ordinance allow-
ing non-residents, who are property owners in Miami, to
serve on the planning and zoning hoard. The planning and
.zoning board is an extremely important guardian that the
residents of our city look towards, to protect and keep
our city harmonious with its hest interests.
1 submi t that to allow a non-resident to help plan our'
community is like letting a fox into the chicken house.
Please .do not erode what should he a protector of our comma--
nits, a city that has an ever increasing need for safe
guarding.
Ver,>9 ru4 y yours,
,Dr. Gerald C. Ross