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Home My WebLink AboutSR PZAB ResoovVI 0p4 yll;;. * r Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-054 File 14-00515zt September 3, 2014 Item PZAB.1 Mr. David H. Young offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO 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. Upon being seconded by Mr. Chris Collins, the motion passed and was adopted by a vote of 8- 0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Absent Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez Absent Mr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Juvenal Pia Absent Ms. Melody L. Torrens Yes Mr. David H. Young Yes Fra Isco arcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) qttllLl Execution Da Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 5-DAY OF .SzrPle#„.- 2014. VCy‘P SSC, 1 r L )11V:) Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Not�ry Publib State of Florida My Comm! rli VANESSATRUJILLO ' A MY COMMISSION # EE 105250 0 550 EXPIRES: July 11, $ Bonded Thru Notary Public Underwriters 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.