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Home My WebLink AboutO-14136City of Miami Ordinance 14136 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12924 Final Action Date: 1/12/2023 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 7/SECTION 7.1.1.4, TITLED "PROCEDURES AND NONCONFORMITIES/PLANNING, ZONING AND APPEALS BOARD", TO SIMPLIFY THE REMOVAL AND APPOINTMENT PROCESS FOR PLANNING, ZONING AND APPEALS BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, Section 2-885 of the Code of the City of Miami, Florida, as amended, ("City Code") provides for the terms of office and term limit waiver for all City of Miami ("City") board members; and WHEREAS, Article 7, Section 7.1.1.4. of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") specifies additional provisions related to Planning, Zoning and Appeals Board ("PZAB") members related to appointment and removal, among other things; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December 7, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22- 068 by a vote of six to three (6-3), Item No. PZAB. 9., recommending denial of the Miami 21 Code text amendment; and WHEREAS, the City Commission has 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, the City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and, WHEREAS, the City Commission hereby finds that it is in the best interest of the City to simplify the appointment and removal process as it relates to PZAB members in order to create efficiency and consistency among City boards; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 4 File ID: 12924 (Revision:) Printed On: 6/24/2025 File ID: 12924 Enactment Number: 14136 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. Article 7, Section 7.1.1.4 of the Miami 21 Code is further amended in the following particulars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1.1.4 Planning, Zoning and Appeals Board c. Appointments; qualifications membership on the Planning, Zoning and Appeals Board until the City Clerk has given at least thirty (30) days notice of the vacancies in a newspaper of general circulation in the city of the vaca+Re+e.,-fie Cit„ f ommission shall solicit and encourage4-14€.19-64I-is efescional and citizen organizations within the area having interest in and knowledge of the purpose and functions of the board to submit names of persons and their qualifications for consideration as respective appointccs to the board. At least five (5) days prior to the making of any appointment, the City Clerk shall publicly notice that the list of names thus submitted and the names of candidates submitted by the City Commission, together with a short statement of the qualifications of each appointed to the board whose name and qualifications have not been made publicly available in the manner set out herein. In reaching a decision on an appointment, the City Commission shall give due consideration to the qualifications thus submitted. 21. Nomination. Each City Commissioner shall nominate candidates to serve the terms of two members of the board, taking into consideration the required qualifications for membership as provided herein. 32. Terms of office. The terms of office shall be the later of those terms as provided under section 2-885. 43. Qualifications. It is intended that members and alternate members of the board be persons of knowledge, experience, mature judgment, and background; 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 as follows: 1 Words 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. City of Miami Page 2 of 4 File ID: 12924 (Revision:) Printed on: 6/24/2025 File ID: 12924 Enactment Number: 14136 (a) Eleven (11) members and one alternate shall be from the electorate of the City of Miami with demonstrated knowledge and interest in the appropriate growth and development of the city. 44. The City Commission shall appoint the board members from the nominations made by each City Commissioner, for ten members of the board. The mayor shall appoint one member and the alternate member. Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. No person shall be appointed who has any interest in the profits or emoluments of any contract, job, work, or service for the City. No person shall be appointed who holds any elective office or is employed in a full-time capacity by any governmental authority in the county or the City. Before making any appointment, the City Commission shall determine that the person so appointed satisfies the requirements of sections 2-611 et seq. of the City Code, and no person shall be confirmed in appointment who has not filed the statement required by section 2-615 of the City Code. In addition, the code of ethics of Miami -Dade County shall apply to members and the alternate member of the Planning, Zoning and Appeals Board. 45. Persons appointed shall be electors of the City and otherwise meet the requirements of Chapter 2, Article XI of the City Code. �6. No member or alternate member of the Planning, Zoning and Appeals Board shall be confirmed in his appointment until he signs a statement agreeing to participate in at least one seminar on planning or zoning to be held in Florida or elsewhere, and approved by the City, during the course of each calendar year he shall remain a member or alternate member of the board. Failure to meet this requirement each and every year after assuming board membership or alternate membership may be grounds for removal. 47. Vacancies (a) Vacancies in the membership or alternate membership of the Planning, Zoning and Appeals Board shall be filled by the City Commission and mayor by appointment in the manner herein set out and for the unexpired term of the member or alternate member affected, provided the City Commission may appoint an alternate member of the board to a vacancy as a full member of the board without resort to the procedural requirements of paragraph (1) above. (b) The executive secretary of the Planning, Zoning and Appeals Board shall notify the City Clerk within ten days after a vacancy occurs, and the City Clerk shall promptly transmit such information to the City Commission for appropriate commission action as set out herein. 9. Removal. (a) Members and alternate members of the board may be removed for cause by the City Commission upon the votes of not le-c than three members of the commission, upon written charges and public hearing, if the member and the alternate member affected requests such public hearing are removed if replaced by another member pursuant to this applicable Sections of this subsection (c). (b) There is hereby established a point system. Each member and the alternate member of the Planning, Zoning and Appeals Board who arrives after the beginning of the first agenda item or accumulatcs morc than fiftccn (15) points in one calendar year shall be brought to the attention of the City Commission for its consideration of removal of the member. City of Miami Page 3 of 4 File ID: 12924 (Revision:) Printed on: 6/24/2025 File ID: 12924 Enactment Number: 14136 absent, for whatever r son, from more than five meetings in one calendar year shall be brought to the attention of the City Commission for its consideration of removal of the member. 8. Compensation. Members and alternate members of the Planning, Zoning and Appeals Board shall receive a remuneration of $1.00 per year. Educational Component. The City Commission shall make provision for the payment of actual and necessary expenses, in accordance with City policy, for the attendance of each member and alternate member of the board at one City -authorized planning or zoning seminar or conference each calendar year-te be held in Florida. The City Manager, City Attorney and City Clerk shall coordinate and present or cause to be presented said seminar or conference and make such course available at least annually. *„ 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 immediately thereafter final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 2 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 Page 4 of 4 File ID: 12924 (Revision:) Printed on: 6/24/2025