Loading...
HomeMy WebLinkAboutPZAB 12-05-12 Supporting DocsPZAB.11 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 12-01296zt Legislative Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES", SECTION 7.1.2.8.b.1., TO ESTABLISH APRIL AND OCTOBER AS THE INITIAL CITY COMMISSION PLANNING AND ZONING (P&Z) PUBLIC HEARING DATES TO CONSIDER MIAMI 21 ATLAS AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Applicant(s): Purpose: Johnny Martinez, City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will establish April and October as the initial City Commission Planning and Zoning (P&Z) public hearing dates to consider Miami 21 Atlas amendments. Planning and Zoning Department Recommendation: Approval. Planning, Zoning and Appeals Board: December 05, 2012 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01296zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES", SECTION 7.1.2.8.b.1., TO ESTABLISH APRIL AND OCTOBER AS THE INITIAL CITY COMMISSION PLANNING AND ZONING (P&Z) PUBLIC HEARING DATES TO CONSIDER MIAMI 21 ATLAS AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommends Approval. PURPOSE: This will establish April and October as the initial City Commission Planning and Zoning (P&Z) public hearing dates to consider Miami 21 atlas amendments. WHEREAS, the Miami Planning Zoning and Appeals (PZAB) considered this item at its December 5th, 2012 meeting, Item No. PZAB._, adopting Resolution No. PZAB by a vote of to _ (_ _), and has recommended the adoption of this item to the City of Miami City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ord. 13114 as the City of Miami's Zoning Ordinance; and WHEREAS, public officials, stakeholders, residents, and general public expressed interest in consolidating zoning amendment reviews to be considered semiannually to better understand the overall cumulative impacts of zoning changes to the City's neighborhoods; and WHEREAS, establishing reoccurring dates for initial public hearing for Miami 21 atlas amendments is in the public interest; 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 the Zoning Ordinance as hereinafter set forth, establishing April and October as the initial City Commission Planning & Zoning (P&Z) public hearing dates to consider Miami 21 atlas City of Miami Page 1 of 3 File Id: 12-01296zt (Version: 1) Printed On: 11/21/2012 File Number.' 12-01296zt amendments. NOW, THEREFORE, BE IT ORDAINED BY THE 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. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 7 in the following particulars {1}: "ARTICLE 7. PROCEDURES AND NONCONFORMATIES * * 7.1.2.8. Amendment to Miami 21 Code * b. The Miami 21 Code may be amended by amending the Miami 21 Atlas or by amending the text of this Code. 1. The City will consider Miami 21 Atlas amendments (also referred to as a "rezoning", including Special Area Plans) may o be applied for at two times of the year, at the City Commission Planning and Zoning (P&Z) public hearing dates in April and October of each calendar year; which times shall be set y-arly by the City Commission. A rezoning to a CS Transect Zone, and any rezoning initiated by the City shall be exempt from the twice yearly schedule. The Planning, Zoning and Appeals Board shall make recommendations to the City Commission for such amendments to the Miami 21 Code. Applications for Atlas amendments shall be filed semiannually with the Planning and Zoning Department up to, but no later than, forty five (45) days before the first hearing of the Planning Zoning and Appeals Board (PZAB) in March and up to, but no later than, forty five (45) days before the first hearing of the Planning Zoning and Appeals Board (PZAB) in September. If accepted, the application will be scheduled for the Planning, Zoning and Appeals Board public hearing in March and September, respectively, with the objective of utilizing the reoccurring semiannual City Commission schedule established herein. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 2 of 3 File Id: 12-01296zt (Version: 1) Printed On: 11/21/2012 File Number. 12-01296zt Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance 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 5. This Ordinance shall become effective 30 days after final reading and adoption thereof. {2} 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: 12-01296zt (Version: 1) Printed On: 11/21/2012