HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
First Reading
File ID: #5131
Date: 01/30/2020
Commission Meeting Date: 05/14/2020
Type: Ordinance
Subject: Amend Code — Chapter 62 —
Repeal of Special Area Plan Process
Budget Impact Analysis
Item has NO budget impact
Department of Planning and Zoning
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Department of Planning and Zoning
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Olga Zamora
Olga Zamora
Olga Zamora
Olga Zamora
Nicole Ewan
Olga Zamora
Valentin J Alvarez
Amber Ketterer
Barnaby L. Min
Barnaby L. Min
Maricarmen Lopez
Todd B. Hannon
Requesting Department: Department of
Planning
Sponsored By:
District Impacted: All
Reviewed B
Department Head Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Department Head Review
Legislative Division Review
ACA Review
Deputy Attorney Review
Approved Form and Correctness
Meeting
Meeting
Completed 01/30/2020 4:49 PM
Skipped 01/30/2020 5:07 PM
Skipped 01/30/2020 5:08 PM
Skipped 01/30/2020 5:08 PM
Completed 02/13/2020 9:00 AM
Completed 02/14/2020 12:04 PM
Completed 03/17/2020 12:45 PM
Completed 03/25/2020 8:47 PM
Completed 03/29/2020 2:53 PM
Completed 03/31/2020 11:35 AM
Completed 04/23/2020 9:00 AM
Completed 05/14/2020 9:00 AM
City of Miami File ID: 5131 (Revision:) Printed On: 5/2/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5131 Final Action Date: 5/14/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PLANNING AND ZONING", SPECIFICALLY BY
AMENDING ARTICLE III, SECTION 62-17, TITLED "PLANNING, ZONING
AND APPEALS BOARD/PROCEEDINGS OF PLANNING, ZONING AND
APPEALS BOARD"; AMENDING ARTICLE VI, SECTION 62-22, TITLED
"ZONING AND PLANNING FEES/SCHEDULE OF FEES"; AND
REMOVING ARTICLE VI, SECTION 62-24, TITLED "ZONING AND
PLANNING FEES/FEE PAYMENT DEFERRED", TO REMOVE
REFERENCES TO SPECIAL AREA PLANS; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board, at a publicly noticed meeting on
January 15, 2020, passed Resolution No. PZAB-R-20-007, by a vote of six to three (6-3),
recommending an amendment to Ordinance No. 13114, the Zoning Code of the City of Miami,
Florida, as amended ("Miami 21 Code"), and to repeal and remove all references to Special
Area Plans ("SAPs") in the Miami 21 Code; and
WHEREAS, the proposed ordinance to repeal SAPs from the Miami 21 Code is being
heard by the City Commission concurrently with this proposed amendment to eliminate
reference to SAPs in the Code of the City of Miami, Florida, as amended ("City Code"); 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 residents to
amend the City Code 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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code is amended by in the following particulars:1
"CHAPTER 62
PLANNING AND ZONING
ARTICLE III. PLANNING, ZONING AND APPEALS BOARD
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
deleted. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami File ID: 5131 (Revision:) Printed On: 5/2/2025
Sec. 62-17. Proceedings of planning, zoning and appeals board.
(b) Rules of procedure. The planning, zoning and appeals board shall establish rules of
procedure necessary to its governing and the conduct of its affairs, in keeping with
the applicable provisions of state law, and the City Charter, ordinances and
resolutions. Such rules of procedure shall be available in written form to persons
appearing before the board and to the public upon request. Quasi-judicial procedures
as provided in the zoning ordinance and as required by state law shall apply to its
decisions and recommendations, including rezonings; special area plans; exceptions;
variances; and appeal decisions by the board.
(d) Quorum; public records. Quorum requirements are governed by the provisions
of section 2-887. 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; or rezoning, or special area plan, or to approve an exception shall be taken
without the concurring votes of a supermajority of board members present. Said
supermajority consists of one 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 subsections (e) and (f), 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 minutes and official records of such hearings.
The official records of such public hearings shall be filed with the city clerk.
ARTICLE VI. ZONING AND PLANNING FEES
Sec. 62-22. - Schedule of fees.
(a) Except for a specific permit addressed in section 10-4, building permit fee schedule, any
application for a change in the district classification or modification of the regulations
affecting any property or for a plan amendment or for any permit required by the zoning
ordinance or article XIII of this chapter, shall be accompanied by an application fee in the
amount set forth opposite the requested item in this section. Permits shall not be issued
for a non -homestead property with any outstanding code enforcement violations, building
violations, or any relevant city lien or invoice due and owing to the city. Permits required
to cure life safety issues, permits which are required to bring outstanding violations into
compliance, or permits for any properties owned by a governmental entity are exempted
from this prohibition.
(8) Special area plans.
a. Applications for special area plans pursuant to article 3, section 3.9,
per acre $5,000.00
B. Advertising 1,500.00 _
City of Miami File ID: 5131 (Revision:) Printed On: 5/2/2025
c. Traffic study review 6,000.00
d. Department of resilience and public works review 370.00
Reserved.
Sec. 62-24. — Reserved. Fee payment deferred.
Notwithstanding any provisions to the contrary contained in this Code or the zoning
ordinance relative to development activity in a redevelopment district duly designated as such
F.S. ch. 163, except for the cost of required advertising, notices and postings, special area
plan fees (including constituent elements of said process such as rezonings, variances,
amount abovc the minimum application fee as specified in article VI, section 62 156, until
one year from the approval of the applicable process, whichever occurs first. In order for said
fees to be deferred, the subject property owner(s) shall provide the city with a recordable
lien on the subject property for the amount of such deferred fees, said document shall be
recorded at the permittee's expense immediately upon issuance of the approval of the
applicable process by the city commission.
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. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby I_. Min, Deputy City Attorney 3/31/2020
This Ordinance shall become effective as specified herein 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
herein. whichever is later.
City of Miami File ID: 5131 (Revision:) Printed On: 5/2/2025