HomeMy WebLinkAboutPlanning and Zoning Appeals Board111[IIllllll * 4,
January 5, 2022
Arthur Noriega V, City Manager
City of Miami City Manager
3500 Pan American Drive
Miami, FL 33133
RE: 2021 Planning, Zoning and Appeals Board Annual Report
Dear Mr. Noriega:
As chairperson of the Planning, Zoning and Appeals Board ("PZAB" or "Board"), and
pursuant to City Code Sec. 2-890 regarding the annual report requirement of City
boards and committees, 1 am pleased to provide you this annual report. As you may
know, the PZAB was created pursuant to Section 62-27 of the Code of the City of
Miami, Florida, as amended, ("City Code"), enacted by Ordinance 13158 in May of
2010. The PZAB is an integral part of the total process of planning and zoning for the
future development and growth of the City of Miami ("City"). The PZAB is to serve as an
instrument of advice and recommendation to the City Commission in all phases and
aspects of the comprehensive planning program. It shall also serve for the hearing of
zoning applications for specific properties, as set out in Article 7 of Ordinance 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code").
Regarding membership, the PZAB membership guidelines consists of twelve (12)
members, ten (10) of whom are appointed by the City Commission, and one (1) regular
and one (1) alternate member who are both appointed by the Mayor. Currently, there
are eleven (11) board members appointed to the Board. There is one (1) vacant seat, a
District 1 appointee.
The PZAB usually meets on the first and third Wednesday of every month. At the
beginning of the 2020 calendar year, the PZAB had twenty-two (22) regularly scheduled
meetings calendared. However, (1) meeting was cancelled due to no quorum and (1)
meeting was cancelled by the Chair. In the year 2021, the PZAB met for a total of 21
times in person at City Hall.
The agenda, and the materials for each item on the agenda for the meetings were
published and made available to the Board and public in advance of the meeting. The
materials were also available during business hours at the City Clerk's office and on-
line, 24 hours a day.
In order to ensure that the public had the ability to view the virtual meetings, the City's
Communications Department broadcasted the meeting through all the usual channels
and avenues that are provided when a PZAB meeting is held fully at City Hall. The
meeting could also be viewed live on Miami TV (miamigov.com/tv) and on Comcast
channel 77 (within the City). It was also broadcasted on YouTube. Additionally, the City
selected a virtual platform that did not require the public to purchase or download any
additional software or equipment to watch this meeting. Aside from the Zoom platform
and the participants appearing remotely, the public had no discernible difference in their
ability to watch the meeting.
In addition to setting up a podium at City Hall following social distancing protocols, the
City allowed the public to submit comments via the City's online comment form. The
comments submitted through the comment form were distributed to the Board Members
and City Administration throughout the day so that the Board could consider them prior
to taking any action.
Meetings were well attended by the members of the public and all are offered equal
time to speak before the Board.
Is the Board serving the purpose for which it was created?
Yes, the PZAB serves the purpose for which it was created by responding to the needs
of making determinations and recommendations on planning and zoning items due to,
for example, changing conditions in the City. The PZAB generally acts under the
applicable laws and regulations of the State of Florida and the City. Its purpose is
generally:
1) To act as the local planning agency pursuant to section 163.3174, Florida
Statutes;
2) To make recommendations to the City Commission concerning amendments to
Miami 21 (Rezonings, Special Area Plans and text amendments), Miami
Comprehensive Neighborhood Plan (Land Use Changes and text amendments), text
amendments to the Miami City Code as applicable, covenant modifications/releases,
and vacation and closure of rights -of -way; and
3) To make determinations on applications for Variances and Exceptions under the
Miami 21 Code and applications for right-of-way closures under the alternative
method provided for in the City Code. The PZAB is also charged with hearing, de
novo, and making a ruling on an appeal of:
(a) An administrative determination by the Planning Director;
(b) The decision of the Zoning Administrator regarding a Waiver;
(c) The decision of the Planning Director regarding a Warrant;
(d) A zoning interpretation by the Zoning Administrator; and
(e) The decision of the Zoning Administrator regarding zoning approval.
(f) The denial or revocation of a Certificate of Use.
In performing its appeal authority, the Board serves as a quasi-judicial body and
observe the requirements of quasi-judicial procedures as set out in Miami 21 and
under applicable state law.
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City Commission's Restrictions
In 2021, the City Commission restricted the ability of PZAB to defer items coming before
it when an applicant refuses to make substantial, verifiable effort to comply with the
Board's directives. The Commission decided that PZAB was abusing its authority by
deferring "numerous" projects, for reasons based on nothing more than the whims of
"several" Board members. As chair I know we do not operate on whims but on the
testimony that is before us. Each item stands on its own merits.
PZAB's ability to defer all applications coming before it is now effectively limited to 6
months total, no matter how egregious the applicant's failure to meet with the Board's
directives are. The City Commission in making its decision stated that all zoning
applications must come before the Commission expeditiously since the Commissioners
are the ultimate "deciders." While that is obviously true, especially since the
Commissioners and the Mayor appoint all PZAB members and can remove them at any
time, the authors of Miami 21 saw fit to establish PZAB as a quasi-judicial Board with
clearly defined areas of responsibility.
The drafters of Miami 21 did not restrict PZAB's ability to defer any project, but instead
trusted in the judgment of PZAB's members to use this important power of deferral
judiciously and sparingly, which PZAB has consistently and demonstrably done.
By restricting PZAB's authority to defer egregiously non -compliant applicants, the
Commission has eliminated the only real power that PZAB has to encourage
compliance.
PZAB's ability to defer, especially for major projects such as SAP's, should be restored
to at least one year, thereby motivating developer/applicants at least to try to comply
with PZAB's requests made in the public interest.
Is the Board serving current community needs?
Yes, PZAB is serving current community needs by being responsive to amending
planning and zoning items due to, for example, changing conditions in the City of Miami.
What are the Board's major accomplishments?
In 2021, the PZAB held fifteen (20) regularly scheduled and zero (0) Special Meetings.
A total of approximately 90 Resolutions were scheduled to be heard along with
approximately 9 discussion items.
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The PZAB also held a training on Board, Ethics and Sunshine Laws on January 6 2021.
The Annual Miami 21 training was scheduled but was continued. In has been
rescheduled for January 6, 2021.
The PZAB Rules and Procedures were re -published on the January 6 2021 Agenda for
review. No changes were made.
The PZAB works closely with the community, encouraging participation at its hearings
with developers and constituents when conflicts arise. The PZAB is highly respected by
the community, experts, and various department personnel, who work in conjunction
with the Board.
Is there any other board, either public or private, which would better serve the
function of the Board?
The functions of the PZAB are unique. No other board, whether public or private, would
better serve the function of the PZAB. Commissioner appointees are electors of the
City and knowledgeable of the Board's needs, serving as intermediates and facilitators
between groups in order to achieve harmony and optimum results. The PZAB looks at
each application individually and judges it by its merits. It is believed that no two (2)
cases are the same, although some situations may resemble. Members of the PZAB
are provided each agenda item in order to thoroughly study it in advance, taking into
consideration —amongst other things —the following at the time of the hearing:
1) The merits of the application;
2) Whether the criteria of the application are met;
3) Whether the application is properly in front of them;
4) Whether the petition would be beneficial to the neighborhood and the City;
5) Whether the immediate neighbors are present and taking part in the process;
6) Whether the immediate neighbors are in support or in opposition of the petition;
7) Whether there are any Code violations;
8) That each applicant be afforded the same opportunities presenting an application to
the PZAB.
The foregoing is part of the consideration given to each application and assures all
individuals the same rights, no matter where in the City said construction or
development is being proposed. The way the PZAB has been created makes it
possible to rule in fairness for or against an application when there is both opposition
and support in a neighborhood. The work the PZAB conducts is distinctive and a
valuable resource for the City and its constituents.
Should the ordinance creating the Board be amended to better enable the Board
to serve the purpose for which it was created?
No.
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Should the Board's membership requirements be modified?
No. It is intended that members and alternate members of the Board be persons of
knowledge, experience, mature judgment having ability and desire to act in the public
interest; and representing, insofar as may be possible, the various special professional
training, experience, and interests required to make informed and equitable decisions
concerning preservation and appropriate development of the physical environment. To
that end, qualifications of members and the alternate member shall be from the
electorate of the City with demonstrated knowledge and interest in the appropriate
growth and development of the City.
Should you need further information, please contact me through the Planning
Department, Hearing Boards Division at (305) 416-2030.
Sincerely,
Charles A Garavaglia
Chairperson
Respectfully submitted thisa: day of January 2021.
Note: Special thanks to all the City staff who help make sure our meetings run
smoothly.
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