HomeMy WebLinkAboutPAB Backup - April 5, 2006APPLICANT
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BACKGROUND AND ANALYSIS:
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
FILE ID: 06-00366zt
City of Miami Planning Department
April 5, 2006
Consideration of amending Articles 21, Section 2105 of
Zoning Ordinance 11000, Status of Application for
Development Permits or Certificates of Occupancy,
as amended.
N/A.
Consideration of an Ordinance of the Miami City
Commission amending Article 21, Section 2105 entitled
"Status of Applications for Development Permits or
Certificates of Occupancy under Ordinance No. 11000
when Ordinance No. 1100p has been amended" by
repealing Subsection 2105.4,1 entitled "Applications and
Permits" and enacting a new Subsection 2105.4 entitled
"Interim Protection Measures providing for Zoning In
Progress as to applications for Development Permits as
defined herein under Ordinance No. 11000, when
Ordinance No. 11000 has been amended"; providing for
intent; notification; interim protection measures;
applications filed prior to notification; exemptions; and
scope; further amending Section 2107 to provide that
Certificates of Occupancy granted in error do not
authorize violations; containing a repealer provision and
severability clause; and providing an effective date.
(Continued from the March 15, 2006 PAB Meeting)
Approval.
This will repeal the existing subsection 2105.4.1 of the
Zoning Ordinance which provides a vesting provision for
completed applications submitted during the pendency of
amendments to the Zoning Ordinance. This enacts a new
subsection 2105.4.1 which provides for interim protection
measures implementing zoning in progress for a defined
interval of time during the pendency of amendments to
Zoning Ordinance No. 11000.
Item #5 VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RO FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1400
Date: 3128/2006 Page 1
DRAFT 3/1/06
File Id No. 06-00366zt
..Title
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 21,
SECTION 2105 ENTITLED "STATUS OF APPLICATIONS FOR DEVELOPMENT
PERMITS OR CERTIFICATES OF OCCUPANCY UNDER ORDINANCE NO. 11000
WHEN ORDINANCE NO. 11000 HAS BEEN AMENDED" BY REPEALING
SUBSECTION 2105.4.1 ENTITLED "APPLICATIONS AND PERMITS" AND ENACTING
A NEW SUBSECTION 2105.4 ENTITLED "INTERIM PROTECTION MEASURES
PROVIDING FOR ZONING IN PROGRESS AS TO APPLICATIONS FOR
DEVELOPMENT PERMITS AS DEFINED HEREIN UNDER ORDINANCE NO. 11000,
WHEN ORDINANCE NO. 11000 HAS BEEN AMENDED"; PROVIDING FOR INTENT;
NOTIFICATION; INTERIM PROTECTION MEASURES; APPLICATIONS FILED PRIOR
TO NOTIFICATION; EXEMPTIONS; AND SCOPE; FURTHER AMENDING SECTION
2107 TO PROVIDE THAT CERTIFICATES OF OCCUPANCY GRANTED IN ERROR
DO NOT AUTHORIZE VIOLATIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
..Fiscal Impact
REQUEST: To Amend the Miami Zoning Ordinance
APPLICANT(S): Joe Arriola, Chief Administrator
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will repeal the existing subsection 2105.4.1 of the Zoning Ordinance
which provides a vesting provision for completed applications submitted during the
pendency of amendments to the Zoning Ordinance. This enacts a new subsection
2105.4.1 which provides for interim protection measures implementing zoning in
progress for a defined interval of time during the pendency of amendments to Zoning
Ordinance No. 11000.
..Body
WHEREAS, the City of Miami is experiencing significant development activity
while engaged in a reevaluation of its planning and zoning process that may result in
changes to the land development regulations of the City Code; and
WHEREAS, it is prudent as a matter of general policy and well accepted as a
matter of zoning practice under the principles of "zoning in progress" and equitable
estoppel that, when amending the land development regulations, the City should provide
an interim period during which applications that are inconsistent with the proposed new
regulations are not processed until the new regulations are in place, so long as
applicants have notice of the intent of the City to amend the land development
regulations; and
WHEREAS, the City of Miami finds it necessary and appropriate to adopt
transitional development approval requirements involving the applicability of equitable
estoppel in order to prevent or, at minimum, reduce incompatible development within
the City of Miami during the time the City finalizes, conducts the necessary public
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hearings, and adopts the new land development regulations and makes the other Code
changes as are required by law or are otherwise in the best interests of the City and its
residents; and,
WHEREAS, the City of Miami Planning Advisory Board (PAB) considered this
item at its 2006 meeting, Item No. and by a vote of _ to has
recommended the adoption of this item to the City of Miami 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, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this
Ordinance are hereby adopted by reference thereto and incorporated herein as if fully
set forth in this Section,
Section 2. The City of Miami Zoning Ordinance is hereby amended by
amending Article 21, Subsection 2105.4 as follows: {1}
"Article 21 Administration, Enforcement, Violations, and Penalties
Sec, 2105. Status of applications for development permits.
2105.1. Status of development permits issued prior to the effective date of Zoning
Ordinance No, 1100 (September 4, 1990).
2105.4. Interim Protection Measures providing for Zoning In Progress as to applications
for development permits, as defined herein, under Ordinance No. 11000 when
Ordinance No. 11000 has been amended.
2105.4.1. Intent.
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depaFtment, is authorized to proceed with such application(s) regardless of subsequent
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r-egati$ns
ay be;
(d) For subecg
extensions may be granted beyond these time periods.
longor per-ied of time.
It is intended and hereby expressly provided that no development permits including,
without limitation, special permits, special exceptions, building permits, variances,
rezoning or certificates of use and all other applications or requests for project approval
(collectively "development permits"), except for Class I special permits and certificates of
occupancy, be granted to any property owner or lawful representative thereof for
structures or activities within structures during the interim period between the time that
new land development regulations prohibiting such structures or uses are proposed and
the time that they take effect. Land Development Regulations shall include, without
limitation, amendments to Zoning Ordinance No. 11000, or adoption of a new zoning
ordinance for portions of or for the entire city. An Interim Protection Measure is hereby
created in order to allow new or amended land development regulations to be properly
considered prior to the acceptance of new applications for development that will be
prohibited as a result of the adoption of the new or amended land development
req ulations.
2105.4.1.1. Notification.
The City shall publish a written notice in a newspaper of general circulation at least ten
(10) days prior to the consideration of any new land development regulations by the
Planning Advisory Board. This date of publication is the date of notification under
subsection 2105.4. The written notice shall state that it is a "Notice of Zoning in
Progress".
2105.4.1.2. Interim Protection Measures.
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From the date that such written notice is published (or if published more than one time
from the first date of publication), as provided in subsection 2105.4.1.1. for amendments
to. or enactment of, city land development regulations, and for a period of one hundred
eighty (180) days thereafter unless dissolved earlier by the city commission, no
application for special permit, special exception, building permit, variance, rezoning
(including amendments to the zoning atlas of the city), certificate of use or any other
application for development permit (excluding Class I specialpermits and certificates of
occupancy) shalt be accepted by the city for any structure or use that may be prohibited
by such proposed amendment or new regulation. Applications may only be accepted for
structures and uses that are not affected by the particular amendment(s) or new land
development requfation(sj, or which conform in all respects thereto.
2105.4.1.3. Applications filed prior to notification.
Any property owner or lawful representative thereof who, prior to the notification date of
any land development regulations repealing or modifying regulations which allow the
requested activity, has properly filed a complete application, for a development permit(s)
with the appropriate city department, is hereby authorized to proceed with such
application(s) regardless of the subsequent repeal of regulations relevant to such
requested activity, unless the contrary is specifically decreed.
The term complete application shall mean an application that meets the requirements of
section 2502 of this Code, and submits the customary and usual documentation, reports,
forms and materials which are to be submitted in the city for the special permit, special
exception, variance, rezoning, amendments to the zoning atlas, certificate of use, or
building permit, as may be applicable. The City shall maintain development permit
application forms that provide the documentation required for each type of development
permit in order to be determined complete.
In no case shall an application be accepted or modified subsequent to the effective date
of an ordinance which precludes the approval or action applied for. An applicant for a
development permit shall be allowed to make changes in its application only when so
required by the city as a result of the citv's review of the application.
The necessary special permits, building permit(s), certificate(s) of use or other
development permits, whichever is first required, when reviewed under expired
regulations. shall be obtained:
a) Within sixty (60) days of the date of the complete application for all development
permits for which no specific time frame is given in this subsection, except that
the time limitation shall be one hundred eighty (180) days for a single family
home in an R-1 district;
b) Within one hundred eighty (180) days from the date of Class II special permit,
special exception, rezoning (including amendments to the zoning atlas) or
variance approval by the appropriate department, or final public hearing
approval, as the case may be;
c) Within six (6) years from the final public hearing approval by the City Commission
for major use special permits, provided that time extensions are granted; and
d) For subsequent phases of an approved phased project (beyond phase I), within
six (6) years from the issuance of a building permit for phase 1 of said approved
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phased project; and no more than subsequent six (6) year periods between
additional phases.
No extensions may be granted beyond these time periods.
In the event an appeal to a decision on a development permit is taken to the courts, the
development permit shall be obtained within one hundred eighty (180) days from the
date the final court decision is rendered, except for Major Use Special Permits and
phased projects (as described above) which will have six (6) years from the issuance of
the permit for the applicable phase, whichever provides the longer period of time.
2105.4.2. Construction, use, and occupancy. if actual construction is not under way, and
previous issued building permits or certificates of use or occupancy have expired or
become void, new building permits or certificates of use or occupancy shall be required
and shall be in accord with any new regulations established by the amendment of this
ordinance.
2105.4.3. Occupancy or use not involving pending building permits. Where certificates of
use or occupancy do not relate to a pending building permit, unless such use or
occupancy has been established prior to the effective date of this ordinance or its
amendment which would prohibit such occupancy or use, such certificates shall become
void, and new certificates, conforming to the new regulations, shall be required.
2105.4.4 Exemptions.
Nothing in 2105.4 shall apply to:
(i) an application, permit or development by a governmental agency for a Gil
(Government and Institutional Use) project as those terms are defined by the
Zoning Ordinance,
(ii) a Development of Regional Impact authorized pursuant to Chapter 380.06E
Florida Statutes, as amended, prior to the effective date of this amendment;
or
(iii) proposed amendments to Chapter 23, City Code, as amended, entitled
"Historic Preservation," as the interim protection measures applicable to such
proposed amendments are set forth in that chapter.
2105.4.5, Scope.
A determination that a completed application as provided herein has been made prior to
the notice ofpublication for the new or amended land development regulations shall not
limit the applicability of other ordinances, rules and regulations of the City of Miami, nor
shall it entitle the applicant to any development resolution, permit, or other action by the
city related thereto which is not expressly exempted or which is found to be not
applicable pursuant to the provisions of this section.
*
Sec. 2107. Permits or certificates of use or occupancy granted in error do not authorize
violation of ordinance; corrections required.
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A permit or certificate of use or occupancy, or other city approval subject to this section,
issued in error shall not confer any rights to construction, use, or occupancy, and upon a
finding that a permit has been so issued, it shall be revoked, provided actual permitted
construction has not commenced.
No permit or certificate of use or occupancy, or other city approval subject to this
section, shall be deemed or construed to authorize violation of any provisions of this
zoning ordinance, and such permits or certificates shall be deemed or construed to be
valid only to the extent that the work authorized is lawful.
Issuance of a building permit based upon plans shall not prevent the zoning
administrator and/or building official from requiring thereafter correction of errors in such
plans. Issuance of a certificate of use based upon application shall not prevent the
zoning administrator from requiring correction of the application or of any violation of the
use regulations of the district.
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 ten (10) days after approval at
second reading, 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.
APPROVED AS TO FROM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
(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.
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