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HomeMy WebLinkAboutLegislation (v2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00515zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY MODIFYING ARTICLE 7, SECTION 7.1.1.4(d)(4), ENTITLED "PLANNING, ZONING, AND APPEALS BOARD", SUBSECTION (D)(4), ENTITLED "PROCEEDINGS OF THE BOARD", TO PROVIDE THAT TO APPROVE CERTAIN ACTIONS, OR TO RECOMMEND APPROVAL OF CERTAIN ACTIONS, AS SPECIFIED BELOW, THE CONCURRING VOTES OF A SUPERMAJORITY OF BOARD MEMBERS, WHICH CONSISTS OF ONE (1) MORE MEMBER THAN A SIMPLE MAJORITY, BE REQUIRED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the voting requirements in Section 62-17(d) of the Code of the City of Miami, Florida, as amended ("City Code"), call for a supermajority of the Planning, Zoning and Appeals Board ("PZAB") to approve certain actions or recommend approval of certain actions to the City Commission while the voting requirements in Section 7.1,1.4(d) of Miami 21 call for the concurring votes of at least seven (7) members of the PZAB; and WHEREAS, the provision of Miami 21 being amended below was adopted earlier and the voting requirement of Section 62-17(d) of the City Code was adopted at a later time; and WHEREAS, the later ordinance normally controls on the same subject; and WHEREAS, the PZAB, at its meeting on September 3, 2014, Item No. 1, following an advertised public hearing, adopted Resolution No. PZAB 14-054 by a vote of eight to zero (8-0), recommended APPROVAL of an amendment to Ordinance No. 13114, as amended; 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: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending Article 7, Section 7.1.1.4(d)(4) in the following particulars: {1 } "Article 7. Procedures and Nonconformities City of Miami Page 1 of 2 File Id: 14-00515zt (Version: 2) Printed On: 9/29/2014 File Number: 14-00515zt 7.1 Procedures 7.1.1.4 Planning, Zoning and Appeals Board * * * d. Proceedings of the Board * * * 4, Quorum; public records. Quorum requirements are governed by the provisions of section 2- 887 of the City Code. However, no action to recommend adoption of amendments to the city Comprehensive Plan, or to recommend the amendment of the text of the Miami 21 Code, rezoning, or Special Area Plan, or to approve an Exception shall be taken without the concurring votes of at least coven members of the Board a supermajority of board members present. Said supermaiority consists of one (1) more member than a simple majority. The Executive Secretary of the Planning, Zoning and Appeals Board shall keep minutes of board proceedings, showing the vote of each member or alternate member, if sitting for a member, or if absent or failing to vote under paragraphs five (5) and six (6) below, indicating such fact. It shall be the responsibility of the executive secretary of the Planning, Zoning and Appeals Board to handle all procedural activities for all public hearings held by the board, including the preparation of detailed minutes and official records of such hearings. The official records of such public hearings shall be filed with the City Clerk. 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. 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 thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM ANcJ CORRECTNESS: VITORIA MENDEZ CITY ATTORNEY 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 unless vetoed by the Mayor within ten (10) 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, whichever is later. City of Miami Page 2 of 2 File Id: 14-00515zt (Version: 2) Printed On: 9/29/2014