Loading...
HomeMy WebLinkAboutPZAB (13172) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-017 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13172 Final Action Date: 2/15/2023 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, BY AMENDING ARTICLE 7, SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS", TO PROVIDE CLARIFICATION ON THE CIRCUMSTANCES IN WHICH AN APPLICATION SHALL NOT BE SCHEDULED FOR A PUBLIC HEARING NOR ANY APPROVALS BE ISSUED BY THE CITY OF MIAMI ("CITY") IF THE PROPERTY SUBJECT TO THE HEARING OR REQUEST HAS OPEN VIOLATION(S) AND/OR OWES MONIES TO THE CITY AND TO PROVIDE CONSISTENCY WITH SECTION 2- 208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, Article 7, Section 7.1.3.7 of the Miami 21 Code currently provides that "[n]o approval may be issued if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing City enforcement procedure, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the subject of the application would cure the outstanding violation. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code"; and WHEREAS, Chapter 2, Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") provides that "[p]ermits 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."; and WHEREAS, Chapter 2, Section 2-208 of the City Code was recently amended to also exempt "permits for units within buildings to which such violations or monies owed are not attributable to the permit applicant" and further provides that "[i]f a permit required to cure an existing violation has been applied for, with a complete application that is being reviewed by the appropriate department, additional permits may be issued for the property that is the subject of violations or monies owed. Additional permits issued are conditioned to prohibit the issuance of a certificate of occupancy or completion (including City of Miami Page 1 of 4 File ID: 13172 (Revision:) Printed On: 3/30/2023 temporary or partial certificates of occupancy or completion) until the permit to cure the original outstanding code enforcement violation has been finalized and closed and all monies owed, inclusive of costs, to the city are paid. Any exemption listed herein may not be utilized for multi -unit structures wherein the violation has created a life safety issue for either the adjacent units or the structure in its entirety."; and WHEREAS, Article 7, Section 7.1.3.7 of the Miami 21 Code shall be amended to provide clarification on the circumstances in which an application shall not be scheduled for a public hearing and approvals not be issued by the City of Miami ("City") if the property subject to the hearing or request has any open violation(s) and/or owes any monies to the City and to provide more consistency with Section 2-208 of the City Code; and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP; the Miami 21 Code; and other City regulations; and WHEREAS, consideration has been given to 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 Planning, Zoning and Appeals Board ("PZAB"), after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its residents to recommend to the City Commission approval of an amendment to the Miami 21 Code as set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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. It is recommended to the City Commission that Article 7 of the Miami 21 Code be amended in the following particulars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1. PROCEDURES 7.1.3 Application and Review Process 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: 13172 (Revision:) Printed On: 3/30/2023 7.1.3.7 No Approval Available if Code Enforcement Violations No approval or permit may be issued and no application may be scheduled for public hearing if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, is the subject of any building violation(s), has any City lien or invoice due and owing to the City, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the subject of the application would the outstanding violation permit or approval is required to cure life safety issues, is required to bring outstanding violations into compliance, is for unit(s) within building to which violations or monies owed are not attributable to the permit applicant, or the property is wholly owned by a governmental entity. In addition, if an approval or permit required to cure the existing violation(s) has been applied for, with a complete application that is being reviewed by the appropriate department, additional approvals or permits may be scheduled for hearing and/or issued for the property that is the subject of violations or monies owed. Additional permits issued are conditioned to prohibit the issuance of a certificate of occupancy or completion (including temporary or partial certificates of occupancy or completion) until the permit to cure the original outstanding Code Enforcement violation has been finalized and closed and all monies owed, inclusive of costs, to the City are paid. Any exemption listed herein may not be utilized for multi -unit structures wherein the violation has created a life safety issue for either the adjacent units or the structure in its entirety. The limitations on the issuance of an approval or scheduling for public hearing shall not apply to homestead property. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code. *11 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 to the City Commission that the provisions of this 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 immediately upon adoption thereof. City of Miami Page 3 of 4 File ID: 13172 (Revision:) Printed On: 3/30/2023 THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 4 of 4 File ID: 13172 (Revision:) Printed On: 3/30/2023