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HomeMy WebLinkAboutPre-LegislationCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-068 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 9117 Date Rendered: 11/01/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/NOTICE GENERALLY," MORE PARTICULARLY BY AMENDING SECTION 62-20 TITLED "SAME -TYPES" TO PROVIDE FOR UPDATES AND CLARIFICATION REGARDING REQUIRED MAIL AND COURTESY NOTIFICATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 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") held a public hearing and evaluated the proposed language; and WHEREAS, the PZAB gave full consideration to the Planning Department's recommendations; and WHEREAS, the PZAB considered the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP), the Miami 21 Code, and all other City regulations; and WHEREAS, the PZAB considered the need and justification for the proposed amendment, including changed or changing conditions that make the passage of the proposed change necessary. WHEREAS, the PZAB recommended approval with the 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 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 fully set forth in this Section. Date Rendered: 11/01/2024 City of Miami Page 1 of 4 File ID: 9117 (Revision: A) Printed On: 11/1/2024 Section 2. The Miami Planning, Zoning and Appeals Board ("PZAB") hereby recommends to the Miami City Commission approval of the Chapter 62/Article IV of the Code of the City of Miami, Florida, as amended ("City Code") amendment amended in the following particulars, with the modification to maintain the notice to property owners at a 500 feet radius, rather than 300 feet:1 "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 clarification of private property which deals with more than five percent 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 the owner of the subject appropriatc 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 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: 9117 (Revision: A) Printed On: 11/1/2024 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 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%). d. The applicant 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 the city, or its designee, initiates {a) a comprehensive plan, or zoning ordinance encompascing 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 of the total land area of the city. If required, notice of the date, time and place of the public hearing by the Manning zoning and appeals hoard „r cit„ commission, as the case may be, shall be scnt at I st tcn days in advancc 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 shall be charged the appropriate fee for the mailing. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax The director of the planning and zoning department, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresscs shown on the certification by the placing in the mail system of the United States on the 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 board, or the city commission, as the case may be, shall be voided by the failure of an City of Miami Page 3 of 4 File ID: 9117 (Revision: A) Printed On: 11/1/2024 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, and the Procurement department where applicable. (5) Additional and optional notice. The planning, zoning and appeals board or city commiscion, as the case may be, may 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 case of special permits, the director of the planning and zoning department may direct the applicant to send an informational notice to all immediately adjaccnt 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 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. 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. This Resolution shall become effective immediately upon adoption. Reviewed and Approved: David Snow City of Miami Page 4 of 4 File ID: 9117 (Revision: A) Printed On: 11/1/2024