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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14339 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16787 Final Action Date: 12/12/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/NOTICE GENERALLY," MORE PARTICULARLY BY AMENDING SECTION 62-20 OF THE CITY CODE, TITLED "SAME - TYPES," TO PROVIDE FOR CLARIFICATION REGARDING REQUIRED MAIL AND COURTESY NOTIFICATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") wishes to clarify and make necessary updates to the notification processes relating to planning and zoning permits provided for in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City wishes to ensure that notifications to property owners and to the public provide increased access to the public hearing process; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on October 16, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24- 068 by a vote of ten to zero (10-0), Item No. PZAB.8, recommending approval of the Miami 21 Code text amendment with a recommended modification to maintain the notice to property owners at a 500 feet radius, rather than 300 feet, and with the recommendation to allocate resources to create a GIS map that shows pending applications; and WHEREAS, consideration was given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP), the Miami 21 Code, and all other City regulations; and WHEREAS, consideration was given to the need and justification for the proposed amendment, including changed or changing conditions that make the passage of the proposed change necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 62, Article IV of the City Code is further amended in the following particulars:1 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 1 of 4 File ID: 16787 (Revision: A) Printed On: 1/17/2025 16787 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16787 Enactment Number: 14339 "CHAPTER 62 PLANNING AND ZONING ARTICLE IV. - NOTICE GENERALLY Sec. 62-20. - Same —Types. * 3) Mail notice. Mail notice is not required when the city, or its designee, initiates (a) a comprehensive plan, or zoning ordinance encompassing the entire city or (b) a comprehensive plan amendment, change of plan designation, zoning ordinance amendment or change of zoning classification of private property which deals with more than five percent shall be sent at least ten days in advance of the hearing by mail to the owner of the subject property or his/her designated agent or attorney, if any. The applicant shall be charged the appropriate fee for the mailing. a. Mail notice is required for all public hearing items to be considered by the Planning, Zoning and Appeals Board or the City Commission, as the case may be. b. Mail notice communicating the date, time, and place of the public hearing by the Planning, Zoning and Appeals Board or City Commission, as the case may be, shall be mailed at least ten (10) days in advance of the hearing to: 1) the owner(s) of the subject property or his/her designated agent or attorney, if any; 2) the appellant, if the hearing is an appeal; 3) the persons and organizations registered with the City Manager's Office, or the designated department, as regularly updated. Appeals shall be exempt; and 4) all owners of property within 300 feet of the property lines of the land for which the hearing is being held. In the case of condominiums, only one notice will be sent to the condominium association. Appeals shall be exempt. For the purpose of the requirement for mail notice to the property owners within 300 feet of the property lines of the land for which the hearing is being held, the names and addresses of the property owners shall be deemed those appearing on the latest tax rolls listed with the Miami -Dade County Tax Collector at the time the application is accepted, as shown on the City of Miami's Planning Department's Zoning Interactive Mapping Tool ("GIS") or its succeeding software. City of Miami staff shall affirm that mail notice was given City of Miami Page 2 of 4 File ID: 16787 (Revision: A) Printed on: 1/17/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16787 Enactment Number: 14339 to the persons required under this section. The affirmation shall be conclusive of the giving of the mail notice. No action taken by the Planning, Zoning and Appeals Board, or the City Commission, as the case may be, shall be voided by the failure of an individual property owner to receive such notice. c. Mail notice shall not be required when the City, or its designee, initiates (1) a comprehensive plan amendment or zoning ordinance encompassing the entire city, or (2) a comprehensive plan amendment, change of plan designation, zoning ordinance amendment, or change of zoning classification of private property which deals with more than five percent (5%) of the City. d. The applicant, or appellant as applicable, shall be charged the appropriate fee for the mailing for public hearing applications and appeals, as per the fee schedule adopted by the City Commission. e. While the City will make an effort to provide, Mail notice shall not be required during a declared local state of emergency, unless otherwise required by state law. (4) Courtesy notice. Courtesy notice is not required when thc city, or its designee, initiates of the total land area of the city. If required, notice of the date, time and place of the public shall be sent at least ten days in advance of the hearing by mail to all owners of property within 500 feet of the property lines of the land for which the hearing is required. The applicant names and addresses of property owners shall be deemed those app aring on the latest tax rolls listed with the Miami Dade County Tax Collector at the time the application is accepted. and with addre&ces shown on thc certification by thc placing in thc mail system of the United States on thc date certified as shown on the courtesy notice; the certification shall be conclusive of the giving of courtesy notice; in the case of condominiums, only one notice will be sent to the condominium association. No action taken by the planning, zoning and appeals individual property owner to receive such courtesy notice. Electronic notifications. Electronic notifications shall be provided as a courtesy. a. Courtesy notice shall mean any electronic method of communication through a digital platform implemented or procured by the City to provide notice. b. The platform through which electronic notifications will be provided will be ". approved by the City Manager, or his/her authorized designee, an`the Procurement department where applicable. (5) Additional and optional notice. The planning, zoning and appeals board or city applicant, if applicable as may be dccmcd proper for the circumstances involved for the City of Miami Page 3 of 4 File ID: 16787 (Revision: A) Printed on: 1/17/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16787 Enactment Number: 14339 particular hearing, but such additional notice shall not be deemed as legally required. Additional notifications may be required by either the Planning, Zoning and Appeals Board or the City Commission, as the case may be. Additional notice shall be charged to the applicant, or the appellant, as applicable, as may be deemed proper for the circumstances involved for the particular hearing, but such additional notice shall not be deemed as legally required. Where such additional or optional notice is given, failure of an individual property owner or groups of property owners or residents to receive or be aware of such notice shall not void any action taken by planning, zoning and appeals board, or the city commission, as the case may be. (6) Administrative notice. In the of special pe mite the director of the planning and adjacent property owners, Administrative notice may be required by the Miami 21 Code, the Planning Director, or the Zoning Administrator, as applicable, for special permits. An applicant, or appellant as applicable, may be directed to provide mail notice to all abutting property owners of the subject property, including across a street or alley, by mail. In the case of condominiums, only one (1) notice will be sent to the condominium association. Issuance of a special permit will not be precluded by reason of the failure of an adjacent property owner to receive an administrative notice." Section 3. It is the intention of the City Commission that the provisions of this Ordinance shall 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 4. 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 5. This Ordinance shall become effective ten (10) days upon adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wyk ng III, C'y -ttor -y 11/12/2024 e, g Wyy ng III, C ty ttor -y 1/16/2025 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: 16787 (Revision: A) Printed on: 1/17/2025 City of Miami Legislation Ordinance Enactment Number File Number: 16787 SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Final Actio l ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING A► II ZONING/NOTICE GENERALLY," MORE PARTICULARLY BY Po NDING SECTION 62-20 OF THE CITY CODE, TITLED "SAME - TYP .," TO PROVIDE FOR CLARIFICATION REGARDING REQUIRED AIL AND COURTESY NOTIFICATIONS; CONTAINING A SEVERA: ITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") wishes to clarify anake necessary updates to the notification processes relating to planning and zoning perm provided for in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, a =mended ("Miami 21 Code"); and WHEREAS, the City wishes to ensure that notific ons to property owners and to the public provide increased access to the public hearing p .cess; and WHEREAS, the Planning, Zoning, and App::Is Board ("PZAB"), at its meeting on October 16, 2024, following an advertised public ' -aring, adopted Resolution No. PZAB-R-24- 068 by a vote of ten to zero (10-0), Item No. P • B.8, recommending approval of the Miami 21 Code text amendment with a recommended .dification to maintain the notice to property owners at a 500 feet radius, rather than 30 eet, and with the recommendation to allocate resources to create a GIS map that show' pending applications; and WHEREAS, consideration w Comprehensive Neighborhood Pla and given to the goals, objectives, and policies of the Miami `MCNP), the Miami 21 Code, and all other City regulations; WHEREAS, consider. ion was given to the need and justification for the proposed amendment, including cha ed or changing conditions that make the passage of the proposed change necessary; NOW, THER. ORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Sectio . The recitals and findings contained in the Preamble to this Ordinance are adopted by r- erence and incorporated as fully set forth in this Section. S' tion 2. Chapter 62, Article IV of the City Code is further amended in the follow' . particulars:1 "CHAPTER 62 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 File ID: 16787 (Revision:) Printed On: 11/12/2024 SUBSTITUTED UTED PLANNING AND ZONING ARTICLE IV. - NOTICE GENERALLY ^ ^ ° �� _ Sec 82-20.- � ~ ^ .. 3\ Mail notice. Mail notice is not required when the city, or its designee, ' itimteo /o\ a comprehensive plan, orzoning ordinance encompassing the entire city or ^ a of the total land area of the city. Ifrequired, notice of the date, time dp|ace of the public hearing bvthe planning, zoning and appeals board, orcity comnni",on, aethe case may be, -hall bmamntmtleast ten days inadvance ofthe hearing bvmail '^ the owner ofthe subject property or histher designated agent or attorney, if any. The a p , icant Shall be charged the appropriate fee for the mailing. a. Mail notice iorequired for all public haarn" temebobeconsidered bythe Phanninq.ZoninQand Appeals Board mr eCityCommission, oethe case nnoy U. Mail notice oommnunioatnQthe dat" time, and place ofthe public hearnqby the P|anninq.Zoninqand /\ppea' :mandorCityCommission, oothe case nnay be, shall be mailed at least ten 0) days in advance of the hearinq to: 1)the mvvnmr(s)mft eubiect Pnopedyorhis/her deaiqnatedoQontor attorney, if an 2)the appm|o .Jthe hmahnqieanappeal; 3)the panm" aand organizations reqioh*rodwith the CityManager's Offic: orthe deaiqnateddepartment, aeraqu|odvupdated. Appeals /Q~ owners of Propertv within 30feet mfthe Propertvlines ofthe land for which the hmornQioboinqheld. |nthe case ofcondominiums, on|yone notice will bmsent tothe condominium association. Appeals shall be exempt. F' the purpose ofthe requirement for mail notice tothe propertyowners 0l|n3OOfeet ofthe pnoportylines ofthe land for which the heohnAiebainq held, the names and addresses of the property owners shall be deemed those appeor|nqnnthe latest tax rolls listed with the Miami -Dade Coun[yTax Collector otthe time the application is ocoepted, as shown on the Cityof Miami's F'|anninQ []apartmant'eZoninq Interactive YNappinqToo| ("G|G")mrits euccaedinQ software. City of Miami staff shall affirm that nnoi| notice was Qivan hothe persons required under this section. The affirmation shall beconclusive of the qivinq of the mail notice. City orMiami File ID: 16787 (R*voslm/) Printed On: /111212024 SUBSTITUTED No action taken by the Planning, Zoning and Appeals Board, or the City Commission, as the case may be, shall be voided by the failure of an individual property owner to receive such notice. c. Mail notice shall not be required when the City, or its designee, initiates (1) a comprehensive plan amendment or zoning ordinance encompassing the en ' e city, or (2) a comprehensive plan amendment, change of plan designation zoning ordinance amendment, or change of zoning classification of priv- - property which deals with more than five percent (5%) of the City. d. The applicant, or appellant as applicable, shall be charged the alp • • priate fee for the mailing for public hearing applications and appeals, as phe fee schedule adopted by the City Commission. e. While the City will make an effort to provide, Mail notice sh not be required during a declared local state of emergency, unless othe se required by state law. (4) Courtesy notice. Courtesy notice is not required when the • y, or its designee, initiates {a) a comprehensive plan, or zoning ordinance encompassing t entire city or (b) a comprehensive plan amendment, change of plan designation, oning ordinance amendment of the total land area of the city. If required, notice of the • e, time and place of the public #hearing by the planning, zoning and appeals board, or c commission, as the case may be, shall be sent at least ten days in advance of the heari s by mail to all owners of property within 500 feet of the property lines of the land for w' ch the hearing is required. The applicant shall be charged the appropriate fee for the mailin' For thc purpose of this requirement, the names and addresses of property owners shall • deemed those appearing on thc latest tax rolls listed with the Miami Dade County Tax C' ector at thc time the application is accepted. The director of the planning and zoning depment, or his/her designee, shall certify at the time of thc public hearing that notice as h- -in required was given to thc persons as named and with addrosscs shown on thc cortifi• •tion by thc placing in thc mail system of the United States on the date certified as shown ► the courtesy notice; the certification shall be conclusive of the giving of courtesy ► •tice; in the case of condominiums, only one notice will be sent to the condominium a.so tion. No action taken by the planning, zoning and appeals board, or the city commission, a he case may be, shall bc voided by the failure of an Electronic notifications. Electronic notifications shall be provid- , as a courtesy. a. Courtesy tice shall mean any electronic method of communication through':-o digital p form implemented or procured by the City to provide notice. u z b. The ' atform through which electronic notifications will be provided will be ap► oved by the City Manager, or his/her authorized designee, and the • ocurement department where applicable. (5) Add. •nal and optional notice. The planning zoning and appeals board or city• commissi• , as the case may be, may give additional and optional notice to be chard to-he applica , if applicable as may bc deemed proper for thc circumstances involved for the e : „ partic ar hearing, but such additional notice shall not be deemed as legally required. Ad •' onal notifications may be required by either the Planning, Zoning and Appeals Board or th' City Commission, as the case may be. Additional notice shall be charged to the applicant, the appellant, as applicable, as may be deemed proper for the circumstances involved for the particular hearing, but such additional notice shall not be deemed as legally required. Where such additional or optional notice is given, failure of an individual property owner or groups of property owners or residents to receive or be aware of such notice shall not void City of Miami File ID: 16787 (Revision:) Printed On: 11/12/2024 SUBSTITUTED any action taken by planning, zoning and appeals board, or the city commission, as the case may be. (6) Administrative notice. In the case of special permits the director of the planning and adjacent property owners, Administrative notice may be required by the Miami 21 Code, the Planning Director, or the Zoning Administrator, as applicable, for special permits. An applicant, or appellant as applicable, may be directed to provide mail notice to all abutti property owners of the subject property, including across a street or alley, by mail. In t► - case of condominiums, only one (1) notice will be sent to the condominium association. Is ance of a special permit will not be precluded by reason of the failure of an adjacent propev owner to receive an administrative notice." Section 3. It is the intention of the City Commission that the provisio of this Ordinance shall become and be made a part of the Miami 21 Code, which • ovisions may be renumbered or relettered and that the word "ordinance" may be changed . "section", "article", or other appropriate word to accomplish such intention. Section 4. If any section, part of a section, paragraph, claus phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordi' -nce shall not be affected. Section 5. This Ordinance shall become effective ten •) days upon adoption by the City Commission and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: g WyjngIII, Ctyattor�ey /11/12/2r 4 his 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 File ID: 16787 (Revision:) Printed On: 11/12/2024