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HomeMy WebLinkAboutExpiration datePLANNING FACT SHEET LEGISTAR FILE ID: 10-00391zt APPLICANT REQUEST/LOCATION LEGAL DESCRIPTION PETITION BACKGROUND AND ANALYSIS April 7, 2010 Item # P.2 Carlos A. Migoya, City Manager on behalf of the City of Miami Citywide N/A A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.3.5 ENTITLED "MODIFICATIONS TO APPLICATIONS REQUIRING PUBLIC HEARING" REDUCING THE EXPIRATION DATE OF SPECIAL PERMITS AND VARIANCES APPROVED UNDER A PREVIOUS CODE, AND REQUIRING CITY COMMISSION APPROVAL FOR ANY EXTENSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. This will modify the Miami 21 Code by reducing the expiration date of special permits and variances approved under a previous code, and requiring city commission approval for any extension. PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date Printed: 3/26/2010 Page 1 City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00391zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.3.5 ENTITLED "MODIFICATIONS TO APPLICATIONS REQUIRING PUBLIC HEARING" REDUCING THE EXPIRATION DATE OF SPECIAL PERMITS AND VARIANCES APPROVED UNDER A PREVIOUS CODE, AND REQUIRING CITY COMMISSION APPROVAL FOR ANY EXTENSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. WHEREAS, On October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ord. 13114; and WHEREAS, On January 28, 2010, the City Commission extended the implementation date to May 20, 2010, Ord. 13138; and WHEREAS, the Miami 21 Code extends expiration dates for Special Permits and Variances under Zoning Ordinance 11000, and WHEREAS, the Miami Planning Advisory Board, at its meeting on April 7, 2010, Item No. P.2, following an advertised public hearing, adopted Resolution No. ---- by a vote of ---- to ---- (---), recommending ---- of an amendment to Ordinance No. 13114, as amended WHEREAS, expiration dates extensions are to be reduced and will require approval by the City Commission; 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 its Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: 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. City of Miami Page 1 of 3 File Id: 10-00391zt (Version: 1) Printed On: 3/26/2010 File Number: 10-00391zt Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications in the following particulars, {1}: ARTICLE VII Procedures and Nonconformities 7.1.3.5 Modifications to Applications Requiring Public Hearing * * * d. Modifications to special permits and Variances approved under a previous code. 4. The expiration date for any Class II Special Permit, Special Exception, Major Use Special Permit or Variance approved under the Zoning Ordinance 11000 in effect immediately prior to the date of adoption of this Miami 21 Code may, upon application by the owner to the Director to the City Commission by the owner, be extended from its existing expiration date as follows: a. Class II Special Permits, Special Exceptions and Variances shall be permitted no more than one (1) time extension for a period not to exceed twelve (12) months , if approved by the City Commission following a public hearing. b. Major Use Special Permits shall be permitted no more than three (3) one (1) time extensions for each time extension not to exceed twenty four (211 } twelve (12) months- , if approved by the City Commission following a public hearing. *„ 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, 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. Section 6. These amendments shall be implemented no earlier than May 20, 2010. {2} City of Miami Page 2 of 3 File Id: 10-00391zt (Version: 1) Printed On: 3/26/2010 File Number: 10-00391zt Footnotes: {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 3 of 3 File Id: 10-00391zt (Version: 1) Printed On: 3/26/2010