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HomeMy WebLinkAboutPAB Supporting Documentation - March 21, 2007APPLICANT PAB HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS: PLANNING ADVISORY BOARD CITY COMMISSION PLANNING FACT SHEET FILE ID: 06-00366zt City of Miami Planning Department March 21, 2007 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. 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 severability clause; and providing an effective date. 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 or the adoption of a new zoning code. (See attached frequently asked questions for further information). Item #2 VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 3/12/2007 Page 1 ZONING IN PROGRESS Frequently Asked Questions Q: What is zoning in progress? 3/7/07 A: It is an interim protection measure, or a pause button, on the City of Miami's review and approval of applications for new development. The measure is in effect while the City Commission considers the adoption of a new zoning code which if adopted may not allow the requested uses or structures that are requested in the new applications. Applications for such proposed prohibited uses or structures will be received by the city after the zoning on progress ordinance takes effect, however, they will not be processed through zoning review until the time limits of the zoning in progress ordinance have lapsed. Q: When does zoning in progress go into effect? A: The City of Miami has proposed the effective date to be the date on which the new zoning code is either recommended for approval by the Planning Advisory Board or adopted on first reading by the City Commission, whichever occurs first. Q: Is this a moratorium? A: A zoning in progress ordinance is not like a moratorium in that it does not stop the city from accepting all applications for development. Any development application that complies with, or is not affected by the proposed zoning ordinance amendment, will be accepted and processed as normal. In addition, this interim protection measure includes a pre -established maximum time limit, not to exceed 180 days, in which the city commission must act on the proposed zoning ordinance amendment, or else all applications that have been held under the ordinance will be released and processed as normal, whether they comply with the new zoning ordinance amendment or not. Q: What happens if I file an application for development prior to the zoning notice date established in the zoning in progress ordinance? A: If the application is not affected by the proposed code amendments, then the application is accepted and processed as normal. If you have filed an application that would be affected by the proposed code amendments but it was filed prior to the zoning in progress effective date, then the application is accepted and processed as normal. However, once the approval is obtained, the permit must be obtained within certain specified time limits, depending on the particular type of permit being sought. Q: If my application is processed for approval under the zoning in progress ordinance, how long will I have to get a building permit? A: One hundred eighty (180) days of the date of the complete application for all development permits for which no specific time frame is given in this subsection; or within ninety (90) days of the effective date of the new ordinance, whichever is greater; time extensions for periods not to exceed ninety (90) days shall be granted by the zoning administrator for development permits that are actively within the review process; actively within the review process shall mean that the pending application has received comments from at least one of the building department disciplines and the applicant is in the process of making required changes to the pending application in order to satisfy such building department comment(s); One year from the effective date of Class II special permit, special exception, or variance approval by the appropriate department, or final public hearing approval, as the case may be; or within ninety (60) days of the effective date of the new ordinance, whichever is greater; time extensions for periods not to exceed ninety (90) days shall be granted by the zoning administrator for development permits that are included within the scope of the approved special permit, or variance for associated development permits that are actively within the review process; actively within the review process shall mean that the pending application has received comments from at least one of the building department disciplines and the applicant is in the process of making required changes to the pending application in order to satisfy such building department comment(s); Within six (6) years from the final public hearing approval by the City Commission for major use special permits, provided that time extensions (non -substantial modifications) are granted as provided for in Article 17; and For subsequent phases of an approved phased project (beyond phase I), within six (6) years from the issuance of a building permit for phase I of said approved phased project; and no more than subsequent six (6) year periods between additional phases; subsequent six year periods shall be counted from the issuance of a building permit of each phase to the issuance of a building permit on the subsequent phase(s). Q: What if I don't get my building permit on time? A: Then the application for development permit will have to be modified to meet the newly adopted regulations; the plans will be rejected by zoning. Q: What if I don't get my application for development filed prior to the notice date established in the zoning in progress ordinance? A: If the application is not affected by the zoning ordinance amendment in question, then it is accepted and processed as normal. If the application is filed after the effective date of zoning in progress, and is affected by the zoning ordinance amendment in question, then it is received by the City of Miami's Zoning Administrator and time and date stamped. All applications for uses and structures which would not be permitted by the proposed zoning ordinance amendment will be held by the Zoning Administrator until such time that the City Commission acts on the proposed amendment. If the amendment is adopted prior to 180 days, all such applications will be returned to the applicants; if the amendment is rejected by the City Commission, all applications being held will be accepted and processed as normal; and if the City Commission fails to act within 180 days, then all applications being held will be accepted and processed as normal. Q: How long can my application for development be held without processing while a new ordinance is being considered by the City Commission? A: No longer than 180 days from the effective date of the particular zoning in progress date established in the ordinance. Q: If I file an application for development that is held because it is affected by a proposed new ordinance, and then another new ordinance is proposed by the City Commission prior to the 180 days established for the first ordinance, am I subject to another 180 day wait because of the second ordinance? A: No; each new ordinance is independent of the other and the effective zoning in progress date is particular to each ordinance. A second 180 day wait for an application filed under the first proposed ordinance will not be added because of a second proposed ordinance. An application received when a proposed ordinance starts the 180 day clock are time and date stamped in order for the City of Miami to know when it came in, so that it is only held up for the ordinance amendments filed prior to the receipt date of the development application. If a new ordinance amendment is proposed, it will have its own effective zoning in progress date based on the PAB action or commission adoption. City of Miami Legislation Resolution City Hall 600 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00366zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 21, SECTION 2105.4 IN ORDER TO ENSURE THIS SECTION APPLIES TO OCCUPANCY AND USE OF LAND; AND BY AMENDING SECTION 2105.5, SPECIFICALLY, BY ENACTING A NEW SUBSECTION 2105.5 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 IS IN THE PROCESS OF BEING REPLACED BY A NEW ZONING CODE"; PROVIDING FOR INTENT; NOTIFICATION; INTERIM PROTECTION MEASURES; APPLICATIONS FILED PRIOR TO NOTIFICATION; EXEMPTIONS; AND SCOPE; AND 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. 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 zoning code of the City Code, including the adoption of a whole new zoning 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 zoning code, or enacting a new zoning code, 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 zoning code; 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 hearings, and adopts the new zoning code 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 2007 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. 0 City of Miami Page 1 of 7 Printed On: 3/12/2007 File Number: 07-00199mu 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 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). * 2105.4.2. 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. * * 2105.5. 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 is in the process of being replaced by a new zoning code. 2105.5.1. Intent It is intended and hereby expressly provided that except as provided for below and except for Class I special permits and certificates of occupancy, 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"), shall be granted to any property owner or lawful representative thereof for structures or activities within structures during the interim period between the time that a new zoning code prohibiting such structures or uses are either and recommended for approval by the Planning Advisory Board ("PAB "), or adopted on first reading by the City Commission, whichever occurs first, and the time that they take effect. City of Miami Page 2 of 7 Printed On: 3/12/2007 File Number. 07-00199mu An Interim Protection Measure is hereby created in order to allow a new or amended zoning code to be properly considered prior to the approval of new applications for development that will be prohibited as a result of the adoption of the new zoning code. A new zoning code shall include its associated atlas. These interim protection measures shall only apply to quadrants of the city, or the entire city, as the case may be, when such quadrants are under consideration for the implementation of a new zoning code. The quadrant boundaries, referenced herein and incorporated by reference, shall be delineated on a map available to the public at the City Clerk's office and by the Director of the Planning Department. 2105.5.1.1. 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 regulation by the Planning Advisory Board, or city commission, whichever occurs first. This date of publication is the date of notification under subsection 2105.5 of a pending "Zoning in Progress". The written notice shall state that it is a "Notice of Zoning in Progress". 2105.5.1.2. Interim Protection Measures. From the date that either the Planning Advisory Board ("PAB") recommends approval of a new zoning code, or from the date the city commission at first reading, adopts a new zoning code, whichever occurs first, 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 special permits and certificates of occupancy) shall be approved by the city for any structure or use that may be prohibited by such proposed amendment or new regulation. Applications may only be accepted and approved for structures and uses that are not affected by the particular amendment(s) or new zoning code, and which conform in all respects thereto. During the 180 days referenced above, while a new zoning code regulations are being considered, the city will receive applications to be held by the zoning administrator until such time that the new proposed regulations are either adopted, rejected or abandoned by the city commission, or until such time that the 180 day period referenced herein lapses. Each proposed ordinance consisting of an amendment to the zoning code shall be considered a separate ordinance for the purposes of this section. Therefore, all applications for development approval received and held under these interim protections measures shall be time and date stamped by the zoning administrator so that a record is kept of when such applications were received; if the city proposes another amendment subsequent to the date and time stamp on an application for development approval already being held, the new proposed amendment will not start a new 180 day time period on pending applications. In the event that the city commission adopts the new regulations, the zoning administrator will return all applications received during the period of time covered under this section which do not conform to such new regulations; in the event the city City of Miami Page 3 of 7 Printed On: 3/12/2007 File Number: 07-00199mu commission rejects the new regulations, the zoning administrator will accept for processing any application received during the period of time covered under this section; in the event the city commission withdraws or abandons the new regulations, the zoning administrator will accept for processing any application received during the period of time covered under this section; and, in the event the city commission fails to act on the new regulations within the 180 days allotted above (from the date as specified in Section 2105.5.1.2.) the zoning administrator will accept for processing any application received during the period of time covered under this section. 2105.5.1.3. Applications filed prior to the date of recommendation for adoption or adoption at first reading. Any property owner or lawful representative thereof who, prior to the beginning of the 180 day period established pursuant to section 2105.5.1.2, earliest date in which: PAB recommends for adoption, or City Commission adopt, as applicable, has properly filed a complete application for a development perrnit(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 Articles 15, 16, 17 19 and section 2502 of this Code, and includes 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 nonsubstantial changes to an approved Class II, Special Exception or Major Use Special Permit, as provided in Articles 15, 16 and 17 of this ordinance, or changes to other development permit applications as a result of the Citv's review of the application. In the case of approved special permits and variances, development permits may be accepted and approved by the city for such subordinate development activity covered by and included in the scope of such approved special permit or variance (i.e. if a special permit requires re -platting, such activity will be allowed under the scope of the special permit). The necessary 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 one hundred eighty (180) days of the date of the complete application for all development permits for which no specific time frame is given in this subsection; or within ninety (90) days of the effective date of the new ordinance, whichever is greater; time extensions for periods not to exceed ninety (90) days shall be granted by the zoning administrator for development permits that are actively within the review process; actively within the review process shall mean that the pending application has received comments from at least one of the City of Miami Page 4 of 7 Printed On: 3/12/2007 File Number: 07-00199mu building department disciplines and the applicant is in the process of making required changes to the pending application in order to satisfy such building department comment(s); b) Within one year from the effective date of Class II special permit, special exception, or variance approval by the appropriate department, or final public hearing approval, as the case may be; or within ninety (90) days of the effective date of the new ordinance, whichever is greater; time extensions for periods not to exceed ninety (90) days shall be granted by the zoning administrator for development permits that are included within the scope of the approved special permit, or variance for associated development permits that are actively within the review process; actively within the review process shall mean that the pending application has received comments from at least one of the building department disciplines and the applicant is in the process of making required changes to the pending application in order to satisfy such building department comment(s); c) Within six (6) years from the final public hearing approval by the City Commission for major use special permits, provided that time extensions (non -substantial modifications) are granted as provided for in Article 17; 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 I of said approved phased project; and no more than subsequent six (6) year periods between additional phases; subsequent six year periods shall be counted from the issuance of a building permit of each phase to the issuance of a building permit on the subsequent phase(s). No further extensions may be granted beyond these time periods and permissible extensions referenced above. In the event an appeal or challenge to a decision on a development permit or order is taken to the courts, the time limitations specified above shall commence from the date the final decision is rendered in court of competent jurisdiction or an appellate court, as applicable, on the development permit or order that is the subject of the appeal or challenge. 2105.5.4 Exemptions. Nothing in 2105.5 shall apply to: (i) an application, permit or development by a governmental agency for a G/I (Government and Institutional Use) project as those terms are defined by the Zoning Ordinance; (ii) a Development of Regional Impact authorized pursuant to Chapter 380.06, 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; or City of Miami Page 5 of 7 Printed On: 3/12/2007 File Number: 07-00199mu (iv) a Development authorized pursuant to the Florida Local Government Development Agreement Act, Section 163.3221, et. seq., Florida Statutes. 2105.5.5. Scope. A determination that a completed application as provided herein has been made prior to the notice of publication for the new 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. A permit or certificate of use or occupancy, or other city approval subiect 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: City of Miami Page 6 of 7 Printed On: 3/12/2007 File Number: 07-00199mu 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. City of Miami Page 7 of 7 Printed On: 3/12/2007