HomeMy WebLinkAboutPZAB 07-16-14 Supporting DocumentsPZAB.7
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
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Planning and Zoning
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Planning, Zoning and
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14-00515zt Quasi -Judicial
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION, TO AMEND 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.
Daniel J. Alfonso, City Manager, on behalf of the City of Miami
3500 Pan American Drive
Miami, FL 33133
(305) 250-5400
This will provide that to approve, or to recommend approval of certain actions,
the concurring votes of a supermajority of board members, which consists of
one more member than a simple majority, be required.
Recommended approval.
See supporting documentation.
Continued on June 23, 2014.
Matter id number: 13-2389•
..Title
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING
APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
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
..Body
WHEREAS, the Miami Planning Zoning and Appeals ("PZAB") considered this item at its
June 4, 2014 meeting, Item No. PZAB._, adopting Resolution No. PZAB by a vote of
to ( ), and has recommended the adoption of this Rem to the City of Miami City
Commission; and
WHEREAS, it has been noted that Section 7.1.1.4(d)(4) of the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21"), in part, is not compatible with Section 62-17(d)
of the Code of the City of Miami, Florida, as amended ("City Code"), insofar as it requires at
least seven (7) members of the Planning, Zoning and Appeals Board ("PZAB") to approve
certain actions or to recommend the approval of certain actions to the City Commission, as
applicable; and
WHEREAS, the voting requirements in Section 62-17(d) of the City Code call for a
supermajority of the 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 passed at a later time; and
WHEREAS, the later ordinance normally controls on the same subject;
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.
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}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
,.Footnote
{1} Words and/or figures stricken through shalt 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
shaiF become effective immediately upon override of the veto by the City Commission or upon
the effective date stated herein, whichever is later.