HomeMy WebLinkAboutLegislation FR/SRCity of Miami
Legislation
Ordinance
File Number: 10-01094
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED
"ZONING AND PLANNING" TO UPDATE SECTION 62-31 "APPLICATIONS FOR
PLAN AMENDMENTS", ALIGNING THE DATE FOR COMPREHENSIVE PLAN
AMENDMENTS AND MIAMI 21 ATLAS AMENDMENTS WITH THE OBJECTIVE OF
FULLY UTILIZING THE TWO (2) PLAN AMENDMENT OPPORTUNITIES IN A
CALENDAR YEAR AS PROVIDED BY FLORIDA STATUTES §163.3187,
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami's newly adopted Zoning Ordinance No. 13114 (Miami 21 Code)
requires City Commission to set semi-annual Application dates for zoning amendments, per Article
7.1.2.8 b.1.; and
WHEREAS, related zoning atlas and future land use map amendment applications must run
concurrently in order to maintain consistency with the City of Miami Comprehensive Neighborhood
Plan and Florida Statutes; 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 citizens to amend the Code
of the City of Miami, Florida, as amended ("City Code"), as hereinafter set forth by amending and
updating Section 62-31, entitled "Procedures for amending the comprehensive plan," to align dates for
Comprehensive Plan Amendments and Miami 21 Atlas amendments to fully utilize the two (2) plan
amendment opportunities in a calendar year as provided by Florida Statutes §163.3187;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code, is amended in the following particulars: {1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE II. COMPREHENSIVE PLANNING;
Citp ofMia n:i Page I of 6 File Id: 10-01094 (Version: I) Printed On: 9/10/2010
File Number: 10-01094
SECTION 62-31. PROCEDURES FOR AMENDING THE COMPREHENSIVE PLAN
(b)
Applications for plan amendments. Applications may be made by:
(1)
The city commission which may by motion, direct the planning, building and zoning
departments to prepare an amendment for submissions and review by the planning, zoning and
appeals board with or without regard for the semiannual schedule in the next full paragraph of this
section.
(2)
The planning, building and zoning departments.
(3)
Any other department or agency of the city.
(4)
The owner or agent or attorney for the owner of property, pursuant to subsections
(a)(3) and (4) based on the advice of the planning, building and zoning departments that a plan
amendment is necessary.
With the exceptions noted in subsections (b)(1) and (e)(1) through (6) of this section,
applications for plan amendments, as described in subsection (a), can only be filed semiannually with
the planning, departments up to, but no later than, forty five (45) days before the
first hearina of the Dlannina zonina and aooeals board in the month of March and up to. but no later
than, forty five (45) days before the first hearing of the planning zoning and appeals board in the
month September. , +If accepted, the application
will be scheduled for the planning, zoning and appeals board public hearing in the months of March
and September , respectively,
with the
objective of utilizing the two plan amendment opportunities in a calendar year. For the exceptions
noted in subsections (b)(1) and (e)(1) through (6) of this section, the planning,
departments will schedule the amendment on an agenda of the planning, zoning and appeals board
within 68 45 days of the acceptance of the application, except for the month of August. This procedural
scheduling restriction shall not apply to applications by the city.
All applications for plan amendments shall be submitted in writing to the planning,, building and
ZGR'Rg departments. Applications under subsection (b)(4) shall contain a notarized statement by the
owner of the property, his agent or his attorney, that the facts as represented on the application are
true and correct to the best of the owner's knowledge or that of his attorney or agent. Applications
shall be accompanied by all pertinent information required by this article and which may be required
for proper consideration of the matter, including an owner's affidavit, financial disclosure and a certified
list of owners and their addresses of all properties within 37-5 500 feet of the subject property along
with payment of all fees and advertising charges. Applications shall not be deemed as accepted by the
planning, building and zoning departments unless all appropriate information is supplied to the
satisfaction of the planning, building and zoning departments, most particularly, the Office of Hearing
City of Miami Page 2 of 6 File Id: 10-01094 t7lersion. 1) Printed On: 9/10/2010
File Number: 10-01094
Boards.
No private application will be accepted unless, as required, a companion application for a
change of zoning is also filed. Where companion applications are filed for both plan amendments and
zoning amendments for the same property, pursuant to subsections (a)(3) and (4), only one set of
owner affidavits, financial aid disclosure forms and property owners' list must be filed.
Where companion applications are filed for both plan amendments and zoning amendments
pursuant to subsections (a)(3) and (4), the plan amendment will be scheduled on an agenda of the
planning, zoning and appeals board such that the public hearing occurs prior to the public hearing by
the planning, zoning and appeals board on the zoning amendment.
(c)
Review and recommendation by the planning, bu#diRg and zoniqg departments. All plan amendments
shall be reviewed and recommended by the planning, buildiRg-and zeRing departments This finding
will consider whether the land use, densities and intensities proposed are compatible with and further
the objectives, policies, land uses, and densities and intensities in the comprehensive plan, provided
further that the comprehensive plan shall be construed broadly to accomplish its stated purposes and
objectives. Recommendations must be on file for public review ten days prior to public hearing.
Applications will not be permitted to be revised within the ten-day period prior to the public hearing
(and subsequently) unless the revision is made in public hearing with full disclosure.
(d)
Review and recommendation by the planning, zoning and appeals board. The planning, zoning and
appeals board, the local planning agency for the city, will conduct a public meeting. Notice shall be
given of the public hearing as set out in subsections 62-129(1) and (4); in addition, the planning,
zoning and appeals board may, for the particular hearing involved, give such additional notice as it
may deem proper to the subject of the hearing and circumstances therein involved.
Upon completion of such hearing, the planning, zoning and appeals board may recommend to
the city commission by not less than five affirmative votes, the adoption by the city commission of
the plan update, or portion thereof or plan amendment, upon which the public hearing was held. The
board resolution of recommendation shall refer expressly to the maps, descriptive material and other
data intended by the planning, zoning and appeals board to form the whole or the part of the plans
upon which the public hearing was held. Where the recommendation of the planning, zoning and
appeals board is not in accord with earlier recommendations of the planning, buildiRg and ZeRiRg
departments, the planning, buildiRg and zeR'Rg departments shall submit to the city commission its
recommendation in the matter. When a plan update has been recommended, pursuant to subsections
(a)(1) and (2), the action taken and the recommendation made by the planning, zoning and appeals
board shall be recorded on the recommended plan, together with the signature of the executive
secretary of the planning, zoning and appeals board, which shall be affixed thereto as certifying to the
action taken and the recommendation made and the date of such action and recommendation; and the
signature of the directors of the departments of planning, building and ZeRiRg shall be affixed as
certifying that the requisite hearing or hearings were held on the dates certified. The recommended
copy of the plan update, or portion thereof or plan amendment, shall be a part of the permanent and
public records of the planning, zoning and appeals board.
(e)
Adoption by the city commission. The city commission shall hold at least two (2) advertised public
hearings on the proposed plan amendment. The first public hearing upon the updated plan or portion
thereof or plan amendment shall be held within 60 days from the date of the planning, zoning and
appeals board public hearing, unless the plan amendment is sponsored by the city. Notice of such
public hearing by the city commission shall be given as set out in subsections 62-129(1) and (4) no
less than ten 10 days in advance of the public hearing. Except as provided below, the first public
Cite of Miami Page 3 of 6 File Id. 10-01094 (Version: 1) Printed Ott: 9/10/2010
File Number: 10-01094
hearing shall be held for the purpose of transmitting or not transmitting the plan amendment, as
recommended by the city commission to #iat the state land planning agency, allowing
90 days for review and written comment, as identified in F.S. Chapter 163. The intention to hold a
second public hearing shall be announced, and the city commission shall establish a date certain for
the second public hearing. Except as provided in subsections (b)(1) and (e)(1) through (6), the city
commission shall consolidate all proposed plan amendments into a single submission for each of not
more than twos plan amendment adoption times during the calendar year. The exceptions are:
(1)
In the case of an emergency, as defined by F.S. § 163.3187(1)(a) (2009), as
amended.
(2)
(3)
(4)
(5)
Any plan amendments directly related to a proposed development of regional
impact, including changes which have been determined to be substantial
deviations and including Florida quality developments pursuant to state statute
as defined by F.S. § 163.3187(1)(b) (2009), as amended may be initiated by
the planning, zoning and appeals board and considered by the city commission
at the same time as the application for development approval using the
procedures provided for plan amendments, without regard to limits on the
frequency of consideration of plan amendments. Nothing in this subsection shall
be deemed to require favorable consideration of a plan amendment solely
because it is related to a development of regional impact.
Comprehensive plan amendments directly related to
proposed small scale development activities as defined by F.S. § 163.3187(1)(c)
f'� not accompanied by a change of zoning to the same property.
Corrections, updates and modifications concerning costs; revenue sources;
acceptance of facilities pursuant to dedications which are consistent with the
plan; or thb date of construction of any facility enumerated in the capital
improvements element may be accomplished by ordinance and are not required
to follow these procedures. Corrections, updates or modification of current costs
which were part of the comprehensive plan may be accomplished by ordinance
and are not required to follow these procedures.
Irrespective of the notice requirements in sections 62-128 and 62-129, small
scale development activity plan amendments pursuant to this paragraph require
only a legal advertisement in a newspaper of general circulation.
(6) Any other exceptions as may be defined by state law.
The city commission, upon receipt of written comments from the state land planning agency,
shall hold a second public hearing for the purpose of adopting the plan amendment iR the m„n}hs Of
►i ono and DeGemhor and shall take legislative action within 60 days of receipt. It shall be held on a
weekday approximately ten 10 days after the day that the second advertisement is published. The
city commission shall review the written comments, if any, submitted by the state land planning agency
and any other person, agency or government.
Upon such public hearing, the city commission may thereafter adopt the comprehensive plan
City of Miami Page 4 of 6 Fide Id. 10-01094 (Version: 1) Printed On: 911012010
File Number 10-01094
amendment PUFSWaRt tG aR evaluation and appraisal FepeFt as recommended by the planning, zoning
and appeals board, or modify the plan or portion thereof. Other plan amendments pursuant to
subsections (a)(1), (3) and (4) may be adopted, adopted with modifications or rejected. Any
comprehensive plan update, or portion thereof or plan amendment or modification thereto, shall
become effective only upon adoption by ordinance by the affirmative vote of not less than three f 3)
members of the city commission.
The city clerk shall transmit the comprehensive plan update or portion thereof or plan
amendment, as adopted, to the state land planning agency within fide 'rrvc�vSrkmg ten days of adoption.
The effective date of the adopting ordinance shall be the expiration date of the appeal period
following the issuance of a notice of intent or other approval by the state land planning agency finding
the amendment in compliance. 45 days fFE)FA the date of adeptieR te allow the state Iand plaRRORg
c onrnri re�i-iinry
*0i
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. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor. {2)
APPROVED AS TO FORM AND CORRECTNESSe,
JULIE O. BRU
CITY ATTORNEY'�i
Footnotes:
City of Miam i Page 5 of 6 File Id: 10-01094 (Version: 1) Printed On: 9/1012010
File Number: 10-01094
{1 } 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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 6 of 6 File Id. 10-01094 (Version: 1) Printed On: 9/10/2010