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HomeMy WebLinkAboutCC Legislation (Version 2) OLDCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01209zt1 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III/ SECTION 62-63 ENTITLED "ZONING AND PLANNING/PLANNING ADVISORY BOARD/PROCEEDINGS," TO CHANGE THE VOTING REQUIREMENT FOR PLANNING ADVISORY BOARD RECOMMENDATIONS FOR APPROVAL OF COMPREHENSIVE PLAN ADOPTION, AMENDMENT, MAJOR USE SPECIAL PERMITS OR OTHER MATTERS LISTED IN SAID SECTION, FROM FIVE MEMBERS TO A MAJORITY OF THE MEMBERS PRESENT; CONTAINING A REPEALER PROVISION, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Advisory Board ("PAB") who serves as the local planning agency for the City of Miami ("City") and makes recommendations to the City Commission for various planning functions; and WHEREAS, its duties currently require a concurring vote of at least five members to recommend comprehensive plan amendments and certain other matters to the City Commission; and WHEREAS, the City Commission decides to adopt or not adopt these same items by a majority vote of its members and the PAB should not have a more stringent or different voting requirement than the City Commission whom they advise on such matters; NOW ,THEREFORE, BE IT ORDAINED BY THE CITY 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, Article IV, Section 62-63 of the Code of the City of Miami, Florida, is amended in the following particulars:{1} "Chapter 62 ZONING AND PLANNING .k k ARTICLE HI. PLANNING ADVISORY BOARD City of Miami Page I of 3 Printed On: 7/11/2006 File Number 06-012O9zt1 Sec. 62-63. Proceedings. (a) Officers and voting. The planning advisory board shall select a chairman and vice-chairman from among its members and may create and fill such other offices as it may determine. All members, or an alternate member sitting in the place of a member, shall be required to vote on matters before the planning advisory board, subject to the provisions of subsections (e) and (f) of this section and applicable Florida Statutes. The director of the planning, building and zoning department shall be the executive secretary of the planning advisory board. (b) Rules and procedure. The planning advisory board shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of Florida law, the city Charter, ordinances and resolutions. Such rules of procedure shall be available in written form to persons appearing before the planning advisory board and to the public upon request. (c) Meetings. The planning advisory board shall hold at least two regularly scheduled meetings each month, except the month of August, on days to be determined by the board. Other regularly scheduled meetings may be set by the board, and additional meetings may be held at the call of the chairman and at such other times as the planning advisory board may determine. Meetings that are not regularly scheduled shall not be held without at least ten days' written notice to each member and alternate member, provided that upon concurrence of the chairman of the planning advisory board and the city manager, an emergency meeting may be called at any time. The planning advisory board shall have the power to take testimony under oath. (d) Quorum; public records. The planning advisory board shall keep minutes of its proceedings, showing the vote of each member or alternate member, if sitting for a member, or if absent or failing to vote under subsections (e) and (f) below, indicating such fact. It shall be the responsibility of the director of the department of administration for planning advisory and zoning boards to handle all procedural activities for all public hearings required to be held by the planning advisory board, including the preparation of detailed minutes and official records of such hearings. The official records of such public hearings shall be filed with the city clerk. It shall be the responsibility of the executive secretary of the planning advisory board to maintain records of other public meetings of the board. Records of such meetings shall be maintained in the office of the planning, building and zoning department. A quorum for the transaction of business shall consist of five members; any but no action to recommend adoption or amendment of comprehensive plans or portions thereof, to recommend the amendment of the zoning ordinance as set out in article 22 of the zoning ordinance, or to recommend approval of a major use special permit ("MUSE'"), or a site and development plan shall be taken without the approval by majority concurring votes of the members of the board present * * *,t Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. 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 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.(2) Cite of Miami Page 2 of 3 Printed On: 7/11/2006 File Number: 06-01203zt1 APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} Words andlor figures stricken through shall be deleted. Underscored words andlor 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 3 of 3 Printed On: 7/11/2006