HomeMy WebLinkAboutPZAB (8848) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-21-021
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 8848 Final Action Date: 4/21/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB") FAILING TO RECOMMEND APPROVAL BY THE REQUIRED
SUPERMAJORITY VOTE TO THE CITY COMMISSION OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"),
MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 2 TITLED "DEFINITION
OF TERMS"; ARTICLE 2, SECTION 1.2 TITLED "INTENT"; ARTICLE 2, SECTION 2.4
TITLED "RULES OF CONSTRUCTION", AND, ARTICLE 7, SECTION 1.1 TITLED
"AUTHORITIES", TO CORRECT CERTAIN WEAKNESSES THAT EXIST REGARDING
THE MIAMI 21 CODE'S INTENT PROVISIONS; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") has
evaluated the 3rd District Court of Appeal's ("3rd DCA") affirmation of the 11 th Circuit
Court's reversal of the PZAB's decision in the Cube 3585 v. City of Miami case, in which
the lower court found the intent provision of the Neighborhood Conservation District 3
("NCD-3") does not set forth sufficient standards or criteria; and,
WHEREAS, the PZAB has proposed amending the Zoning Ordinance of the City
of Miami, Florida, as amended ("Miami 21 Code") to align with the suggested changes
proposed by the 3rd DCA in the case of Alvey v. City of North Miami Beach, 206 So.3d
67 (Fla. 3d DCA 2016); and,
WHEREAS, the PZAB has discussed how in Alvey v. City of North Miami Beach,
the 3rd DCA stated, in part, " [T]hose who own property and live in a residential area
have a legitimate and protectable interest in the preservation of the character of their
neighborhood which may not be infringed by an unreasonable or arbitrary act of their
government. Zoning ordinances are enacted to protect citizens from losing their
economic investment or the comfort and enjoyment of their homes by the encroachment
of commercial development by an unreasonable or arbitrary act of their government";
and,
WHEREAS, the PZAB considered whether the proposed text amendment as
stated herein will further the goals, objectives, and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and,
WHEREAS, during the PZAB public hearing on April 21, 2021, after
consideration of this item, there was a motion to approve the proposed text amendment,
City of Miami Page 1 of 4 File ID: 8848 (Revision: 8) Printed On: 5/28/2021
which failed to obtain a supermajority as six (6) members voted in favor and four (4)
members voted against the proffered motion; and
WHEREAS, Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of
the City Code, provides that no action to approve an amendment of the text of the
Miami 21 Code shall be taken without the concurring votes of a supermajority of board
members present with said supermajority consisting of one more member than a simple
majority; and
WHEREAS, the PZAB, failed to obtain a supermajority vote, and therefore failed
to find that it is in the best interest of the City and its residents to amend the Miami 21
Code;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND
APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The PZAB failed to make a recommendation of approval, due to a lack of a
supermajority, to amend the Miami 21 Code by making modifications in the following
particulars:
"ARTICLE 1.2 DEFINITION OF TERMS
Neighborhood: An urbanized area that is primarily Residential. A Neighborhood shall
be based upon a partial or entire Standard Pedestrian Shed. The physical center of the
Neighborhood should be located at an important traffic intersection associated with a
Civic or Commercial use. In Determining whether such an urbanized area shall be
deemed to be a Neighborhood for purposes of this Code, the Zoning Administrator shall
so conclude when the urbanized area has been designated as a: (a) Neighborhood
Conservation District; (b) Designated Historic District. When determining whether other
primarily Residential urbanized areas shall be deemed to be a Neighborhood, the
Zoning Administrator shall give due consideration to tangible indicia such as signs and
names in area maps, or by generally accepted descriptive designations, including, for
illustrative purposes: Upper East Side, West Flagler, Edgewater, Buena Vista,
Morningside, Spring Garden, Silver Bluff, Brickell Hammock, The Roads, Shenandoah;
or (c) Neighborhood Revitalization District.
ARTICLE 2.1.2 INTENT
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The Miami 21 Code is intended to advancc thc interests of both conscrvation and
dcvclopmcnt whilc responding to thc cxisting conditions of thc City, its rcgional contcxt,
aid -its natural f turcs, infrastructurc and Buildings respond to the existing conditions
of the City, its regional context, and its natural features, infrastructure and Buildings
while advancing the interests of conservation and development and preserving the
character of any given Neighborhood by protecting homes therein against
encroachment of commercial development which occurs as a result of unreasonable or
arbitrary acts of government.
ARTICLE 2.2.4 RULES OF CONSTRUCTION
2.2.4.1 In their interpretation and application, the provisions of this Miami 21 Code
shall be the minimum requirements or maximum limitations, as the case
may be, adopted for the promotion of the public health, safety, morals or
general welfare. When resolving any provision of the Miami 21 Code
requiring interpretation in order to resolve issues that are not clear from
the ordinary and everyday language of the Code, the Zoning Administrator
shall construe the Miami 21 Code provision with reference to Intent as set
forth in Article 2.1.2 and 2.1.2.a.1.
ARTICLE 7.1.1 AUTHORITIES
7.1.1.1 Zoning Administrator
a. Functions, powers and duties. A Zoning Administrator, appointed by and
responsible to the City Manager, shall be responsible for administration
and enforcement of the Miami 21 Code as provided herein, with such
assistance as the City Manager may direct. For purposes of this Code, the
functions, powers and duties of the Zoning Administrator more specifically
include:
1. To determine whether applications for building permits as
required by the Building Code are in accord with the requirements of
this zoning ordinance. No building permit shall be issued without
approval of zoning compliance by the Zoning Administrator that plans
and applications conform to applicable zoning regulations.
2. To determine whether the Use of any Structure or
premises hereafter created, erected, changed, converted, enlarged or
moved, wholly or partly, in Use or in Structure, is in accordance with
this Miami 21 Code and to issue a Certificate of Use if the plans and
applications conform to applicable zoning regulations. Certificates of
Use for home occupations in residential districts shall be issued
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annually to cover the period from January 1 through December 31 of
each year.
3. To approve, deny or approve with conditions applications
for administrative Waiver, with the recommendation as may be
required of the Planning Director and pursuant to the standards of the
Miami 21 Code.
4. To assist the Code Enforcement Department to enforce
vigorously the provisions of the Miami 21 Code.
5. To maintain records of all official administrative actions.
6. To decide questions of zoning interpretation pursuant to
pursuant to Section 2.2.4.1 and Section 7.1.2.3 of this Code.
7. To participate in the review of Warrants and Exceptions
pursuant to Section 2.2.4.1 of this Code.
Section 3. This Resolution is effective immediately.
Reviewed and Approved:
� � I ev e
Po s AIGP, Director, e� rneht of tanning 5l1712021
City of Miami Page 4 of 4 File ID: 8848 (Revision: B) Printed On: 5/28/2021