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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 16789 Title: 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") SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES" TO HARMONIZE THE PUBLIC NOTICE REQUIREMENTS FOR PLANNING AND ZONING MATTERS TO THE LANGUAGE FOUND CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE IV, TITLED "PLANNING AND ZONING" / "NOTICE GENERALLY"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: The purpose of this requested change is to amend Miami 21 to provide for clarification regarding required and courtesy notifications. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On October 16, 2024, recommended approval with modifications, by a vote of 10-0. City of Miami File ID: 16789 (Revision: A) Printed On: 8/11/2025 City of Miami Legislation Ordinance Enactment Number:14349 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 16789 Final Action Date: 12/12/2024 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") SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES" TO HARMONIZE THE PUBLIC NOTICE REQUIREMENTS FOR PLANNING AND ZONING MATTERS TO THE LANGUAGE FOUND CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE IV, TITLED "PLANNING AND ZONING" / "NOTICE GENERALLY"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 16, 2024, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the zoning text, item PZAB.10, and passed PZAB-R- 24-070, recommending approval with modifications, by a vote of ten to zero (10-0); and WHEREAS, the City of Miami ("City") wishes to clarify and make necessary updates to the notifications 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 notification requirements for planning and zoning matters are located easily in one place and are clear; and WHEREAS, the City wishes to ensure that property owners and the public are provided increased awareness and access to the public hearing process; 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 text amendment, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission approves the text amendment based on its consideration as described herein and finds that it is in the best interest of the City and its residents to amend the Miami 21 Code as stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI CITY COMMISSION OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. City of Miami File ID: 16789 (Revision: A) Printed On: 8/11/2025 Section 2. Article 7 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.1.2 Permits 7.1.2.4 Warrant The Warrant permits those Uses listed in Article 4, Table 3 of this Code as requiring a Warrant, upon review by the Planning Director or with the additional review of the Coordinated Review Committee. a. Prior to submitting an application for a Warrant, the prospective applicant shall meet in a information and guidance as to matters related to the proposed application. a. la. Required notice and hearing. At the time of submitting the application to the Department of Planning, the applicant shall notify All Abutting property owners, including those across a street or alley, shall be notified by certified mail- as described as Administrative Notice in Chapter 62, Article IV, of the City Code. In the case of Abutting condominiums, only one Llj notice to the condominium association need be sent. Additionally, at thc timc of submitting thc application, the applicant shall obtain from the Department of Planning the list of all registered Neighborhood and homeowner associations in the designated area applicable to the subject property and shall_Reti€y-be notified via the official representatives of asuch 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 the City Manager's Office, or its designated City Department. The applicant shall submit the certified receipts from all notices to the Department of Planning at the time of application. The decision on a Warrant shall be posted on the City website within five (5) days of the written decision. 7.1.2.5 Waiver 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: 16789 (Revision: A) Printed On: 8/11/2025 c. Required notice and hearing. At the time of submitting the application to the Office of Zoning, the applicant shall notify All Abutting property owners, including those across a street or alley, shall be notified by certified mail- as described as Administrative Notice in Chapter 62, Article IV, of the City Code. In the case of Abutting condominiums, only one LU notice to the condominium association need be sent. 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 in the designated area applicable to the subject property and shall 4Gt-i-fl/Lbe notified via the 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 the City Manager's Office, or its designated City Department. The applicant shall submit the certified receipts from all notices to the Department of Planning at the time of application. The decision on a Warrant shall be posted on the City website within five (5) days of the written decision. 7.1.2.6 Exception c. Decision by the Planning, Zoning and Appeals Board. 1. Notice and hearing. A quasi-judicial hearing shall be held on the application for Exception. The City shall notify all owners of property within five hundred (500) feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium a-sociation shall be sent. For the purpose of this requirement, the names and addresccs of property owncrs shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner a-sociations in the designated area applicable to the subject property and shall notify the official representatives of such registered a-sociations, by certified mail, of the application. Neighborhood and homeowner a-sociations who wish to rcccivc such notice must register on an annual basis at the City Manager's Office, or its designated City Department. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62, Article IV of the City Code. Public hearing notification for an application shall be provided pursuant to Chapter 62, Article IV of the City Code. City of Miami File ID: 16789 (Revision: A) Printed On: 8/11/2025 7.1.2.7 Variance e. Review by the Planning, Zoning and Appeals Board. 1. Notice. A quasi-judicial hearing shall be conducted by the Planning, Zoning and Appeals Board on the Variance application. Formal public notice of hearing by the Planning, Zoning and Appeals Board of the application shall be issued. The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be scnt. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62, Article IV of the City Code. Public hearing notification for an application shall be provided pursuant to Chapter 62, Article IV, of the City Code. 7.1.2.8 Amendment to Miami 21 Code e. Review by the Planning, Zoning, and Appeals Board. 1. Notice. Formal public notice of hearing by the Planning, Zoning and Appeals Board of an application for a codc amcndmcnt shall be issued in the following manner: The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning hearing by of condominiums within the notification area, only one notice, by certified mail, to the condominium a-sociation shall be sent. For the purpose of this requirement, the names and addre„scs of property owncrs shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. City of Miami File ID: 16789 (Revision: A) Printed On: 8/11/2025 Additionally, the City shall notify all registered neighborhood and homeowner associations in the designated area applicable to the subject property and shall notify the the official representatives of such registered associations, by certified mail, of the rezoning application. an annual basis at thc City Manager's Office, or its designated City Department. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mail. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62, Article IV of the City Code. Public hearing notification for an application shall be provided pursuant to Chapter 62, Article IV of the City Code. g. City Commission action on Planning, Zoning, and Appeals Board recommendations. 1. Notice and hearings. Upon receipt of the findings and recommendations regarding code amendments by the Planning, Zoning and Appeals Board, the City Commission shall hold at least two advertised public hearings on the proposed code amendments. Notice shall be given as follows: The City shall notify all owners of property within five hundred 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be scnt. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall providc thc list of owncrs to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner a-sociations in the designated area applicable to the subject property and shall notify the the 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 thc City Managcr's Office, or its designated City Department. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62, Article IV of the City Code and by state statute. Public hearing notification for an application shall be provided pursuant to Chapter 62, Article IV of the City Code." 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. City of Miami File ID: 16789 (Revision: A) Printed On: 8/11/2025 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 ten (10) days upon adoption by the City Commission.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 File ID: 16789 (Revision: A) Printed On: 8/11/2025