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HomeMy WebLinkAboutPZAB (13165) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-006 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13165 Final Action Date: 1/4/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, TITLED "DEFINITIONS"; ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS"; AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES"; AND APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT", TO REPLACE OR STRIKE REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") was adopted as the City of Miami's ("City") Zoning Ordinance; and WHEREAS, on September 24, 2020, pursuant to Ordinance No. 13926, the City Commission adopted the City's Fiscal Year 2020-2021 operating budget; and WHEREAS, the City's Fiscal Year 2020-2021 operating budget eliminated the Neighborhood Enhancement Team ("NET"), resulting in the reorganization of NET functions; and WHEREAS, it is necessary to address all references to the NET in the Miami 21 Code; and WHEREAS, consideration has been given to whether the proposed amendment will further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHERAES, consideration has been given to the need and justification for the proposed reorganization; and WHEREAS, the Planning, Zoning and Appeals Board, 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 recommend to the Miami City Commission an ordinance to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE PLANING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023 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. It is recommended to the City Commission that Article 1 of the Miami 21 Code be amended in the following particulars: "ARTICLE 1. DEFINITIONS 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) * * * e. CIVIC * * * Community Facility: A non-commercial facility established primarily for the benefit and service of the general public of the community in which it is located. Such facilities include, but are not limited to: community centers; City of Miami NET offices; and cultural facilities, such as libraries and museums. 1.2 DEFINITIONS OF TERMS NET: City of Miami's Neighborhood Enhancement Team. *„ Section 3. Article 6 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.3.4 Health District Green Market Outdoor green markets are permitted within the CI -HD Transect Zone after mandatory referral to the district NET 4rdminictrator and subject to all of the following conditions, regulations, and limitations. In addition to these requirements, an operational plan and vendor guidelines shall be required at the time of application: 6.3.5 Central Coconut Grove Green Market City of Miami Page 2 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023 Outdoor green markets are permitted within the district subject to obtaining a Warrant with mandatory referral to the district NET Administrator only; and subject to all of the following conditions, regulations, and limitations: *„ Section 4. Article 7 of the Miami 21 Code is hereby amended in the following particulars: 1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1.1.3 Coordinate Review Committee a. Establishment There is hereby established a committee to be known as the Coordinated Review Committee. The Coordinated Review Committee shall consist of the following members: the Planning Director who shall serve as the chair of the committee, the Zoning Administrator, the City Attorney, the NET Director, and the Public Works Director, and other city, county, school board and governmental and utility officials with the necessary expertise that the Planning Director may require for any particular application review. 7.1.2.2 City Request for Planning Determination of Use a. Notifications concerning determinations. Upon making the determination, the Planning Director shall notify any other officer or agency of the city likely to be affected by such ruling and all NET offices. Additionally, notice of the determination shall be published to the public on the official city website. 7.1.2.3 Zoning Interpretation a. Notifications concerning interpretations. Upon making his interpretation, the Zoning Administrator shall notify the party requesting the interpretation, as well as any other officer or agency of the City likely to be affected by such ruling and all NET officcs which shall, within five (5) days, distribute the zoning interpretation to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property in the designated area applicable to the subject property, and the City shall post the interpretation on the City's official website. City of Miami Page 3 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023 7.1.2.4 Warrant b. Required notice and hearing. Additionally, at the time of submitting the application, the applicant shall obtain from the Department of Planning the list of all registered Neighborhood and homeowner associations within the NET office that is applicable to applicant property in the designated area applicable to the subiect property and shall notify the NET office and official representatives of all such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET office the City Manager's Office, or its designated City Department. c. Review and approval process. 3. The Planning Director shall approve, approve with conditions or deny the Warrant application, but in no event shall a Warrant be issued prior to thirty (30) days from the time the notice of the application is provided to the NET offico registered neighborhood homeowner associations. Approvals shall be granted when the application complies with all applicable regulations; conditional approvals shall be issued when the applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations. The decision of the Director shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five (5) days, distribute the Warrant to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property in the designated area applicable to the subiect property, and the City shall post on the City's website. The Director shall include a citation to the legal authority for any denial of a Warrant. 7.1.2.5 Waiver c. Required notice and hearing. Additionally, at the time of initial application, the applicant shall obtain from the Department of Planning the list of all registered Neighborhood and homeowner associations within the NET office that is applicable to applicant property in the designated area applicable to the subiect property and shall notify the NET office, and official representatives of all such registered City of Miami Page 4 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023 associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET officcs the City Manager's Office, or its designated City Department. d. Review criteria and approval process. The Zoning Administrator shall review the Waiver application, as required under this Code, in regard to compliance with the standards applicable to the specific Waiver and guiding principles in Article 2 of the Miami 21 Code. Recommendations and findings from the Planning Director shall be forwarded to the Zoning Administrator when applicable or when requested by the Zoning Administrator. The review by the Planning Director shall apply Article 4, Table 12 Design Review Criteria, as applicable. Based on these findings, and the applicable findings and determinations of the Zoning Administrator, the Zoning Administrator will issue a final decision on the Waiver request within ten (10) calendar days of receiving the Planning Director's recommendation and findings. The application shall be approved, approved with conditions or denied. A citation to the legal authority shall be included for any denial of a Waiver. In no event shall a Waiver be issued prior to thirty (30) days from the time the notice of the application is provided to the NET officc registered neighborhood homeowner associations. The decision of the Zoning Administrator shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office registered neighborhood homeowner associations by which shall, within five (5) days, distributeinj the Waiver to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant pr„pert„ in the designated area applicable to the subject property, and the City shall post on the City's website. 7.1.2.6 Exception c. Decision by the Planning, Zoning and Appeals Board. 1. Notice and hearing. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property in the designated area applicable to the subject property and shall notify the NET office and official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET office the City Manager's Office, or its designated City Department. 2. Review and findings. City of Miami Page 5 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023 The Planning, Zoning and Appeals Board shall give full consideration to the Planning Director's recommendations, and shall determine whether to grant an application for Exception, to grant with conditions and safeguards or to deny the application. The Planning, Zoning and Appeals Board shall issue written findings that the applicable requirements of the Miami 21 Code have or have not been met. In no event shall an Exception be issued prior to thirty (30) days from the time the notice of the application is provided to the NET offico registered neighborhood homeowner associations. The decision of the Planning, Zoning and Appeals Board shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET officc registered neighborhood homeowner associations by which shall, within five (5) days, distributeinj the Exception to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property in the designated area applicable to the subiect property, and the City shall post on the City's website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial of an Exception. 7.1.2.7 Variance e. Review by the Planning, Zoning and Appeals Board. 1. Notice. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property in the designated area applicable to the subiect property and shall notify the NET office and official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET office the City Manager's Office, or its designated City Department. 2. Decision by the Planning, Zoning, and Appeals Board. The Planning, Zoning and Appeals Board shall consider the recommendations of the Planning Director, conduct a quasi-judicial hearing, and shall issue written findings that the application meets or does not meet the applicable criteria allowing for a Variance from the regulations of the Miami 21 Code. In no event shall a Variance be issued prior to thirty (30) days from the time the notice of the application is provided to the NET officc registered neighborhood homeowner associations. The decision of the Planning, Zoning and Appeals Board shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET officc registered neighborhood homeowner associations by which shall, within five (5) da3s, distributeing the Variance to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property in the designated area applicable to the subiect property, and the City shall post on the City's website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial of a Variance. City of Miami Page 6 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023 7.1.2.8 Amendment to Miami 21 Code e. Review by the Planning, Zoning, and Appeals Board. 1. Notice. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property in the designated area applicable to the subject property and shall notify the NET officc and thc official representatives of such registered associations, by certified mail, of the rezoning application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices the City Manager's Office, or its designated City Department. g. City Commission action on Planning, Zoning, and Appeals Board recommendations. 1. Notice and hearings. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property in the designated area applicable to the subject property and shall notify the NET officc and thc official representatives of such registered associations, by certified mail, of the rezoning application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices the City Manager's Office, or its designated City Department. * 2. Adoption. In no event shall a rezoning be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office registered neighborhood homeowner associations. The decision of the City Commission shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office registered neighborhood homeowner associations and posted on the City's website. The City Commission shall include a citation to the legal authority for any denial of a rezoning. Section 5. Appendix A of the Miami 21 Code is hereby amended in the following particulars: 1 City of Miami Page 7 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023 "Appendix A — Neighborhood Conservation District A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2) * * * 2.5.1 Mixed Use Cultural District a. Use Regulations The Mixed Use Cultural District shall permit the following Uses in addition to those which are permitted in the underlying transect zones: 1. Permanent structures providing for a Straw Market with Caribbean crafts, foods, apparel, souvenirs, and other goods attractive to tourists, subject to a Waiver with a mandatory referral to the district NET Administrator, and limited to the following items for sale: Heritage retail foods, apparel, souvenirs; bookstores and gift shops with cultural themes; hair salons, including outdoor hair braiding; and music and entertainment reflective of that found in the Caribbean. * 2.5.2 Market District a. Use Regulations. The Market District area shall permit the following uses, in addition to those which are permitted in the underlying transect zone: 1. Farmer's markets and Caribbean crafts and food markets that specialize in the sale of crafts and fresh fruits and vegetables are permitted within this district, subject to a Warrant with a mandatory referral to the district NET Administrator. All regulations contained in this code are applicable, and further subject to the following limitations: A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3 3.4 Additional notice and review a. Additional notice required for Exception and Variance applications. All Coconut Grove neighborhood or homeowner associations that wish to receive a courtesy notice of Exception or Variance applications in their areas shall register with their Neighborhood Enhancement Tearn {NET) Offico the City Manager's Office, or its designated City Department, on a yearly basis. Such registration shall consist of a letter to the Director of the Planning Department or to the Zoning Administrator, in which the association shall request such notification and shall specify the name, address and telephone number of the official representative of the association designated to receive said notice and a list of all the officers of said association. At the time of City of Miami Page 8 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023 initial application for an Exception or Variance, the applicant shall obtain the list of all registered neighborhood and homeowner associations pertaining to the application in question from the Planning Director or the Zoning Administrator and shall notify in writing the official representative of all such registered associations in writing, by certified mail, of the application. The applicant shall submit with the application these certified receipts. If any such association have any comments or recommendations, such comments and recommendations shall be submitted in writing to the Planning Director or Zoning Administrator no later than fifteen (15) days from receipt of such notification. Late or misdelivered comments shall not be considered. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. It is recommended that the provisions of such an adopted Ordinance become and be made a part of the Miami 21 Code, 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 Resolution shall become effective ten immediately upon adoption. Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 9 of 9 File ID: 13165 (Revision:) Printed On: 1/11/2023