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HomeMy WebLinkAboutPZAB 09-03-14 Supporting DocumentsFile ID: Title: Applicant(s): Purpose: PZAB.1 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 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. Planning and Zoning Department Recommendation: Recommended approval. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: Continued from June 23, 2014 and July 16, 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 item 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. 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. 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 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 I t seven members of the Board a supermajority of board members present. Said supermajority 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 re- sponsibility 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 30 days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY ..Footnote {1} VVords 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.