HomeMy WebLinkAboutZIP March 1 2006 Draft Version 1 (Workshop)2006 Version 1.
DRAFT 3/1/06
File Id No. 06-00366zt & 06-00658zt
..Title
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 15 "CLASS II SPECIAL PERMITS DETAILED REQUIREMENTS"
INCLUDING SECTIONS 1501.2 "REQUIRED COURTESY NOTICE TO REGISTERED
NEIGHBORHOOD AND/OR HOMEOWNER ASSOCIATIONS" AND 1502.2
"REFERRALS AND TIME LIMITATIONS" BY UPDATING THE REFERENCE TO THE
DEPARTMENT OF PLANNING; FURTHER AMENDING ARTICLE 15 BY CREATING
SECTIONS 1502.1 "PROCEDURES" AND 1502.1.1 "PRE -APPLICATION
CONFERENCE" PROVIDING FOR PROCEDURES AND A PRE -APPLICATION
CONFERENCE PRIOR TO SUBMISSION OF AN APPLICATION FOR A CLASS II
SPECIAL PERMIT; FURTHER AMENDING ARTICLE 15 BY AMENDING SECTION
1503.1.1. "NOTIFICATIONS CONCERNING INTENDED DECISIONS; TIME LIMITS
WITH NO REFERRALS TO ANY CITY BOARD" BY PROVIDING FOR A NEW TIME
LIMITATION FOR NOTIFICATION OF AN INTENDED DECISION ON A CLASS II
SPECIAL PERMIT APPLICATION AND UPDATING THE REFERENCE TO THE
DEPARTMENT OF PLANNING; CREATING ARTICLE 16 "SPECIAL EXCEPTIONS;
DETAILED REQUIREMENTS" SECTION 1601 "PROCEDURES" REQUIRING A PRE -
APPLICATION CONFERENCE PRIOR TO SUBMISSION OF AN APPLICATION FOR A
SPECIAL EXCEPTION PERMIT; AMENDING ARTICLE 17 "MAJOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS" SECTION 1702.1 "PRE -APPLICATION
CONFERENCE" BY UPDATING THE REFERENCE TO THE DEPARTMENT OF
PLANNING; FURTHER AMENDING SECTION 1702.1 BY PROVIDING THAT AT THE
PRE -APPLICATION CONFERENCE A COMPLETE LIST OF ALL REQUIRED
APPLICATION MATERIALS WILL BE PRESENTED TO THE APPLICANT; AMENDING
SECTION 1702.2 "APPLICATION; CONTENT" BY AMENDING THE REQUIREMENTS
OF A COMPLETE APPLICATION; AMENDING SECTION 1702.4. "APPLICATION;
NOTIFICATION OF SUFFICIENCY OF APPLICATION" BY PROVIDING FOR
NOTIFICATION OF SUFFICIENCY OF AN APPLICATION WITH OR WITHOUT
INTERNAL DESIGN REVIEW COMMITTEE REVIEW; AMENDING ARTICLE 19
"APPLICATION FOR VARIANCE FROM TERMS OF ORDINANCE" BY CREATING
SECTION 1903.1.1 PRE -APPLICATION CONFERENCE" PROVIDING FOR A PRE -
APPLICATION CONFERENCE PRIOR TO SUBMITTING AN APPLICATION FOR A
VARIANCE; FURTHER AMENDING ARTICLE 19 BY CREATING 1903.1.2 "OTHER
REQUIREMENTS; 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 Ordinance will amend the Zoning Ordinance by amending Article 15
and 17 by updating the current reference "Department of Planning and Zoning" to the
department's proper name "Department of Planning." The Ordinance will also amend
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the Zoning Ordinance by requiring a pre -application conference prior to submitting an
application for a Class II Special Permit, Special Exception Permit, and Variance. The
existing pre -application conference procedures for a Major Use Special Permit have also
been amended by providing that City staff will provide the applicant with all required
Major Use Special Permit application materials at the pre -application conference. In
addition, the materials required for a complete application for a Major Use Special Permit
have been amended to include any materials that are requested of the applicant by the
City at the pre -application conference.
This Ordinance will also amend the Zoning Ordinance by amending subsection
1503.1.1 of the Zoning Ordinance which provides for time limitations for notification of
intended decisions. This amendment extends the existing time frame for notification of
an intended decision and provides for a new time frame for Class II Special Permit
applications reviewed by the Internal Design Review Committee. In addition, this
Ordinance will amend the section 1702.4 of the Zoning Ordinance which provides for
notification of sufficiency of a Major Use Special Permit application. This amendment
will provide a new time frame for notification of sufficiency of a Major Use Special Permit
application for applications with or without review by the Internal Design Review
Committee.
..Body
WHEREAS, the City of Miami Zoning Ordinance, Ordinance 11000, as
amended, (the "Code") requires certain developments or redevelopments to obtain a
Class II Special Permit, Special Exception Permit, Major Use Special Permit (MUSP),
and/or a Variance (Collectively "Development Permits") prior to commencing
development; and
WHEREAS, the City Commission has determined that it is in the public interest
to require an applicant for a Development Permit to attend a pre -application conference
prior to submitting an application; and
WHEREAS, the Code requires certain developments or redevelopments as
defined in the Code to obtain a MUSP prior to commencing development because of
their magnitude, character, or location; and
WHEREAS, prior to obtaining a MUSP, such developments or redevelopments
are required to have an extensive administrative review in order to ensure that such
developments or redevelopments do not have a negative effect upon the health, safety,
and general welfare of the citizens and residents of the City of Miami; and
WHEREAS, in order to effectively conduct this administrative review it is
necessary to extend the existing time frame for notification of sufficiency of a MUSP
application from thirty (30) to either forty five (45) or ninety (90) calendar days, as
specified within this ordinance; and
WHEREAS, the City Commission has also determined that other types of
developments where the design, character and compatibility of such developments
involves substantial issues relating to the aesthetic impact on surrounding areas are
required to obtain a Class II Special Permit prior to commencing development; and
WHEREAS, prior to obtaining a Class II Special Permit, the Director of the
Department of Planning refers the permit application to other officers, agencies, boards
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or departments as required by regulations relating to the particular special permit, and
also makes other referrals that are necessary to ensure compatible and aesthetically
pleasing developments; and
WHEREAS, in order to effectively conduct this review it is necessary to extend
the existing time frame for notification of an intended decision of a Class II Special
Permit from thirty (30) to sixty (60) calendar days; and
WHERAS, the City Commission has determined that it is in the public interest to
provide an incentive for those applicants for a MUSP or a Class II Special Permit that
undergo review by the Internal Design Review Committee prior to submitting an
application; and
WHEREAS, the Zoning Ordinance references to the Department of Planning and
Zoning need to be updated to refer to the department's proper name, which is the
Department of Planning; 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 as follows:{,}
"ARTICLE 15. CLASS II SPECIAL PERMITS; DETAILED REQUIREMENTS
*
Sec. 1501. Informal notice and hearing.
No formal public notice and hearing are required in connection with Class II
Special Permit procedures except as follows:
*
*
1501.2. Required courtesy notice to registered neighborhood and/or homeowner
associations. All neighborhood and/or homeowner associations that wish to
receive a courtesy notice of Class II Special Permit applications in their areas
shall register with their Neighborhood Enhancement Team (NET) Office on a
yearly basis. Such registration shall consist of a letter to the applicable NET
office in which the association shall request such notification and shall specify the
name, address and telephone number of the official representatives of the
association designated to receive said notice and a list of all the officers of said
association.
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At the time of initial application, the applicant shall obtain the list of all registered
neighborhood and/or homeowner associations pertaining to the applications in
question from the Department of Planning and -Zeroing and shall notify the official
representative of all such registered associations in writing, by certified mail, of
the application; the applicant shall submit with the application said certified
receipts, except in the case of applications for signs, in which case no notice is
required.
Sec. 1502. Procedures; Referrals; time limitations.
1502.1. Procedures
An Applicant for Class II Special Permit shall comply with the following
requirements:
1502.1.1 Pre -application conference.
Before submitting an application for Class II Special Permit, the
prospective applicant shall confer with the zoning administrator or his/her
designee and the Director of the Department of Planning or his/her designee to
obtain information and guidance before initiating the process. No statement
made or information exchanged during such pre -application conferences shall be
binding on the City or the applicant. The Director shall ensure that
representatives of potentially affected City departments or agencies are present
at such conferences and shall, if deemed necessary, extend invitations to attend
and participate in such conferences to potentially affected agencies or officers of
Dade County, other special governmental units in Dade County, the state or the
federal government.
Insofar as possible at the pre -application conference or conferences that
may be held, efforts shall be made for determining: (1) any referral to other
governmental officers or agencies that may be necessary either before or after
filing application for Class 11 Special Permit: (2) any required comprehensive plan
amendments and/or zoning changes; (3) any special permits or variances which
would ordinarily be required for such a project; and (4) any other matters that are
deemed pertinent to the application for Class II Special Permit.
In addition, the Director of the Department of Planning, or his/her
designee, shall provide the applicant with a complete list of all required
application materials at the pre -application conference.
In order for an application for Class II Special permit to be deemed
complete, the applicant shall file all the necessary materials and fees as specified
by any City of Miami codes and ordinances and the pre -application conference.
1502.2 Referrals and time limitations
Within seven (7) calendar days of receipt in the office of a complete
application for package for Class II Special Permit, the Director of the
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Department of Planning and -Zoning shall make referrals to such other officers,
agencies, or departments as are required in the case by this zoning ordinance or
which are, in the Director's judgment, necessary to proper disposition of the
application; all Class II Special Permit applications shall be referred to the
applicable Neighborhood Enhancement Team (NET) Office. Reviews, analyses,
and/or technical findings in such cases shall be returned to the office within
fifteen (15) calendar days of the date of the Director's referral, except on referrals
to any City board where referrals shall be returned to the office within seven (7)
calendar days after the date of said board meeting, unless the applicant and the
Director shall mutually consent to a longer time period specified in writing for
good cause shown.
The Director shall give full consideration to advice or information received
as a result of such referrals in arriving at his decision.
Sec. 1503. Time limitations; conferences; notification of decision.
1503.1. Notification concerning intended decisions; time limitations.
The director of the department of planning and -zoning shall notify the applicant of
the intended decision within the following time limits, except where a longer period is
specified by mutual agreement between the applicant and the director, in writing and for
good cause shown.
1503.1.1. Notifications concerning intended decisions; time limits with no
referrals to any city board. If no referrals to any city boards are involved in
connection with the application, the director of the department of planning and
zoning shall give written notice of the intended decision, stating the reasons
therefor, to the applicant within sixty thirty (360) calendar days of the receipt of
the complete application package in the office. However, if the applicant shall
request that the application be reviewed by the Internal Design Review
Committee, the director of the department of planning shall give written notice of
the intended decision, stating the reasons therefor, to the applicant within thirty
(30) calendar days of the receipt of the complete application package.
ARTICLE 16. SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS
•
*
Sec. 1601. Reserved- Procedures
1601.1.Pre-application conference
An Applicant for a Special Exception Permit shall comply with the following
requirements:
1601.1.1 Preapplication conference.
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Before submitting an application for Special Exception Permit, the
prospective applicant shall confer with the zoning administrator or his/her
designee and the Director of the Department of Planning or his/her designee to
obtain information and guidance before initiating the process. No statement
made or information exchanged during such pre -application conferences shall be
binding on the City or the applicant. The Director shall ensure that
representatives of potentially affected City departments or agencies are present
at such conferences and shall, if deemed necessary, extend invitations to attend
and participate in such conferences to potentially affected agencies or officers of
Dade County, other special governmental units in Dade County, the state or the
federal government.
Insofar as possible at the pre -application conference or conferences that
may be held, efforts shall be made for determining: (11 any referral to other
Governmental officers or agencies that may be necessary either before or after
filing application for Special Exception Permit; (2) any required comprehensive
plan amendments and/or zoning changes; (3) any other special permits or
variances which would ordinarily be required for such a project; and (4) any other
matters that are deemed pertinent to the application for Special Exception
Permit.
In addition the Director of the Department of Planning, or his/her
designee, shall provide the applicant with a complete list of all required
application materials at the pre -application conference.
In order for an application for Special Exception permit to be deemed
complete, the applicant shall file all the necessary materials and fees as specified
by any City of Miami codes and ordinances and the pre -application conference.
ARTICLE 17. MAJOR USE SPECIAL PERMITS; DETAILED REQUIREMENTS
Sec. 1702. Procedures.
Application for Major Use Special Permit shall be submitted and the following
procedures shall be followed and requirements met:
1702.1. Preapp/ication conference.
Before submitting an application for Major Use Special Permit, the prospective
applicant shall confer with the zoning administrator or his/her designee and the
Director of the Department of Planning andand-Zening or his/her designee to obtain
information and guidance before initiating the process. No statement made or
information exchanged during such pre -application conferences shall be binding
on the City or the applicant. The Director shall ensure that representatives of
potentially affected City departments or agencies are present at such
conferences and shall, if deemed necessary, extend invitations to attend and
participate in such conferences to potentially affected agencies or officers of
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Dade County, other special governmental units in Dade County, the state or the
federal government.
Insofar as possible at the pre -application conference or conferences that may be
held, efforts shall be made for determining: (1) any referral to other governmental
officers or agencies that may be necessary either before or after filing application
for Major Use Special Permit; (2) any required comprehensive plan amendments
and/or zoning changes; (3) any special permits or variances which would
ordinarily be required for such a project; and (4) any other matters that are
deemed pertinent to the application for Major Use Special Permit.
In addition, the Director of the Department of Planning, or his/her designee, shall
provide the applicant with a complete list of all required application materials at
the pre -application conference.
1702.2. Application; content.
Upon completion of the preapplication conference or conferences, the
prospective developer may file an application for Major Use Special Permit with
the officer or agent designated by the City Manager in the manner herein set out.
In order to properly address any impacts created by the proposed developments,
additional data may be required by the City, through its boards, officers, agents,
or the City Commission, upon showing of need for proper decision making
purposes.
In order for an application for Major Use Special permit to be deemed complete,
the applicant shall file all the necessary materials and fees as specified by any
City of Miami codes and ordinances.
Materials to be submitted with applications for Major Use Special Permit shall
include maps, plans, surveys, studies, and reports that may reasonably be
required to make the necessary determinations called for in the particular case,
in sufficient copies for referrals and records. Such materials shall also include
any items requested of the applicant at the pre -application conference. More
specifically, all of the following shall be required before the application for Major
Use Special Permit shall be considered to be filed for processing:
1702.4. Application; notification of sufficiency of application.
1702.4.1. Notification of Sufficiency without review by the internal Design
Review Committee: Unless a longer time is be mutually agreed upon by
the Director and the applicant, the Director shall, within ninety thi (390)
calendar days of receipt of the application for Major Use Special Permit
from the officer or agency designated by the City Manager notify the
applicant in writing of the sufficiency of the application and its supporting
data or state to the applicant the deficiencies of the application and the
measures necessary to correct those deficiencies. The applicant shall
respond in writing in order for the application to continue the process.
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1702.4.2. Notification of Sufficiency with review by the Internal Design
Review Committee; Notwithstanding the foregoing, if the applicant chooses
to submit his or her application to the Internal Design Review Committee
for review and comments, the Director shall, within forty-five days (45)
calendar days of receipt of the application for a Major Use Special Permit
from the officer or agency designated by the City Manager, notify the
applicant in writing of the sufficiency of the application. The applicant shall
respond in writing to the Director in order for the application to continue the
process.
ARTICLE 19. APPLICATION FOR VARIANCE FROM TERMS OF ORDINANCE
*
Sec. 1903. Requirements and procedures.
A variance from the terms of this zoning ordinance shall not be granted by the Zoning
Board unless and until every mitigating measure to offset the impact of the relaxed
requirement has been taken and:
1903.1 Application forms; materials that may be required.
1903.1.1. Pre -application conference
Before submitting an application for Variance, the prospective applicant shall
confer with the zoning administrator or his/her designee and the Director of the
Department of Planning or his/her designee to obtain information and guidance
before initiating the process. No statement made or information exchanged during
such pre -application conferences shall be binding_on the City or the applicant. The
Director shall ensure that representatives of potentially affected City departments
or agencies are present at such conferences and shall, if deemed necessary,
extend invitations to attend and participate in such conferences to potentially
affected agencies or officers of Dade County, other special governmental units in
Dade County, the state or the federal government.
Insofar as possible at the pre -application conference or conferences that may be
held, efforts shall be made for determining: (1) any referral to other governmental
officers or agencies that may be necessary either before or after filing application
for Variance; (2) any required comprehensive plan amendments and/or zoning
changes; (3) any other special permits or variances which would ordinarily be
required for such a project; andj4) any other matters that are deemed pertinent to
the application for Variance.
In addition, the Director of the Department of Planning, or his/her designee, shall
provide the applicant with a complete list of all required application materials at the
pre -application conference.
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In order for an application for Variance to be deemed complete, the applicant shall
file all the necessary materials and fees as specified by any City of Miami codes
and ordinances and the pre -application conference.
1903.1.2. Other requirements.
Where applicable to the activity for which the variance is requested and where
necessary to decision on the application for variances, the following may be
required: Statements of ownership and/or control of the property, executed and
sworn to by the owner or owners of one hundred (100) percent of the property
described in the application, or by tenant or tenants, with owner's written sworn -to
consent or by duly authorized agents, evidenced by a written power of attorney, if
the agent is not a member of the Florida Bar. Only applications which the Zoning
Board and City Commission are authorized to consider and act upon shall be
accepted for filing.
Applicant shall show proof of any pending code enforcement actions or municipal
liens on the property.
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. {2}
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.
{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.
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