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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 Legislation Ordinance Enactment Number City Hall 3500 Pan Arneican Drive Miami, FL 33133 www.miamigov.com File Number: 16789 Final Action Date: 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 PZAB recommends approval to the City Commission of approves the proposed 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:) Printed On: 12/4/2024 16789 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Section 2. Article 7 of the Miami 21 Code is hereby amended in the following particulars:I "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. b. Required notice and hearing. 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 al notice to the condominium association need be sent. Additionally, all registered Neighborhood and homeowner associations in the designated area applicable to the subject property and -shall Abe notified via the official representatives of all -such registered associations, by sued 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 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 unchanaed material. City of Miami File ID: 16789 (Revision:) Printed On: 12/4✓2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. c. Required notice and hearing. 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 LI notice to the condominium association need be sent. Additionally, , all registered Neighborhood and homeowner associations in the designated area applicable to the subject property and -shall notify be notified via the official representatives of all such registered associations, by cmod-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 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. oase-of-GGRIGAliflittRIS-within-the-notifioation-aFeaGgiy-ARe-notioeby-oeftified-mailr to -the 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:) Printed On: 12/4/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. , 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. City of Miami File ID: 16789 (Revision:) Printed On: 12/4/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 F 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: , • 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:) Printed On: 12/4/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Section 46. 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 immediately upon adoption and signature of the Mayor.This Ordinance shall become effective ten (10) days upon adoption by the City Commission.' ,nw.A g $ Y 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:) Printed On: 12/4/2024 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.co File Number: 16789 Final Actio ' Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDIN ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE ' ITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPEC ICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES" TO HARMONIZE THE PUBLIC NICE REQUIREMENTS FOR PLANNING AND ZONING MAT RS TO THE LANGUAGE FOUND CHAPTER 62 OF THE CODE • THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE IV, TIT D "PLANNING AND ZONING" / "NOTICE GENERALLY"; MAKING FI► DINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING Fr' AN EFFECTIVE DATE. WHEREAS, on October 16, 2024, at a duly noti and Appeals Board ("PZAB") considered the zoning t 24-068, recommending approval with modifications d public meeting, the Planning, Zoning t, item PZAB. 8, and passed PZAB-R- y a vote of ten to zero (10-0); and WHEREAS, the City of Miami ("City") w • es to clarify and make necessary updates to the notifications processes relating to plannin ; and zoning permits provided for in Ordinance No.13114, the Zoning Ordinance of the Cit •f Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City wishes t zoning matters are located easily i ensure that notification requirements for planning and ne place and are clear; and WHEREAS, the City wi es to ensure that property owners and the public are provided increased awareness and ac ss to the public hearing process; and WHEREAS, the y Commission has considered whether the proposed text amendment as stated herein will fu er the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan " 1 CNP"), the Miami 21 Code, and other City regulations; and WHERE L '., the City Commission has considered the need and justification for the proposed text . endment, including changing and changed conditions that make the passage of the propo d change necessary; and EREAS, the PZAB recommends approval to the City Commission of the proposed text a rndment based on its consideration as described herein and finds that it is in the best inter: _t 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 IAMI, 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:) Printed On: 12/4/2024 SUBSTITUTED 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 t Code as requiring a Warrant, upon review by the Planning Director or with the additional re ew of the Coordinated Review Committee. a. Prior to submitting an application for a Warrant, thc .rocpcctivc applicant shall mcct in a }reapplication meeting with the Zoning Administror and the Planning Director to obtain information and guidancc as to mattcrs rclatcd .a the propoccd application. a. la. Required notice and hearing. At thc timc of submitting thc application to c Dcpartmcnt of Planning, thc applicant shall notify All Abutting property owners, including t '.se across a street or alley, shall be notified by certified mail- as described as Adminis -tive Notice in Chapter 62, Article IV, of the City Code. In the case of Abutting condominium -, only one notice to the condominium association need be sent. Additionally, at thc timc of pub ' tting thc application, thc applicant shall obtain from thc Dcpartmcnt of Planning thc I . of all registered Neighborhood and homeowner associations in the designated area applic, .le to the subject property and shall_,, be notified via the official representatives of asu registered associations, by certified mail, of the application. Neighborhood and ho ► -owner associations who wish to receive such notice must register on an annual basis at t City Manager's Office, or its designated City Department. The applicant ch submit thc ccrtificd rcccipts from all noticcs to thc Dcpartmcnt of Planning at thc timc of ape ation. The decision on a Warrant shall be posted on the City website within five (5) days oft written decision. 7.1. 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:) Printed On: 12/4/2024 SUBSTITUTED c. Required notice and hearing. At thc timc of submitting thc application to thc Office of Zoning, thc 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 Co, In the case of Abutting condominiums, only one notice to the condominium associatio eed be sent. Additionally, at the time of submitting the application, the applicant shall obtain fro c Dcpartmcnt of Planning thc list of all registered Neighborhood and homeowner a .ociations in the designated area applicable to the subject property and shall n,, be notifi via the official representatives of all such registered associations, by certified mail, of the ap'cation. Neighborhood and homeowner associations who wish to receive such noti must register on an annual basis at the City Manager's Office, or its designated City Depa► ent. The applicant shall submit the certified receipts from all notices to the iepartment of Planning at thc timc of application. The decision on a Warrant shall be posted . the City website within five (5) days of the written decision. 7.1.2.6 Exception c. Decision by the Planning, Zoning and Appeals B•cr 1. Notice and hearing. A quasi-judicial hearing shall be held on tho ,pplication for Exception. Thc City shall notify all owners of propy within five hundred (500) fcct of the Property Linc of thc land for which thc hcaring is rcq cd, by ccrtificd mail, of thc timc and place of thc hcaring by the Planning, Zoning and App Board at Igiast tcn days in advance of thc h aring. In thc case of condominiums within thc otification arctic, only one noticc, by ccrtificd mail, to thc condominium ascociation shall .c sent. For thc purpose of this requirement, thc namcs and addrecscs of property owner shall be dccmcd those appearing on the latest tax rolls of the City. The applicant shall pr• ide the list of owners to the City at the time of the initial application. Additionally, the City s - I notify all registered ncighborhood and homcowncr associations in thc designated area app able to the subject property and shall notify the official representatives of such registered as ciations, by ccrtificd mail, of the application. Ncighborhood and homcowncr acsociations wh. ich to receive such noticc must register on an annual basis at thc City Manager's Offi--, or its designated City Department. Thc City c .II ccrtify at thc timc of the hctiaring that noticc as hcrcin required was given to thc persons named and with the addresses shown on the certification. The applicant shall pay is of the mailings. for the Po ing of the property which is the subject of the hearing and newspaper notice shall be r uired 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:) Printed On: 12/4/2024 SUBSTITUTED 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 Appea Board on the Variance application. Formal public notice of hearing by the Planning, Zoning , nd Appcplo Board of thc application shall bc iccucd. The City shall notify all owners of property within 500 feet of the Prope Line of the land for which the hearing is requircd, by ccrtificd mail, of thc timc and placc . thc h wring by thc Planning, Zoning and Appoals Board at loact tcn days in advancc o he hearing. In thc cacc of condominiums within thc notification aroa, only one noticc, by cc icd mail, to thc condominium aosociation shall bc scnt. For thc purposc of this requirement, t• - names and addresses of property owners shall be deemed those appearing on the lat tax rolls of the City. The applicant shall providc thc list of owncrs to thc City at thc ti c of thc initial application. The City shall certify at the time of the hearing that noti as herein required was given to the persons as named and with the addresses shown on e certification. The applicant shall pay for thc costs of thc mailings. Posting of the property which is the subject of t hearing and newspaper notice shall be required as provided in Chapter 62, Article IV the City Code. Public hearing notification for an applicati• shall be provided pursuant to Chapter 62, Article IV, of the City Code. 7.1.2.8 Amendment to Miami Code e. Review by the Pla ng, Zoning, and Appeals Board. 1. Notice. Formal public oticc of hearing by thc Planning, Zoning and Appoals Board of an application for a codc amc dmcnt shall bc issued in the following manner: The City all notify all owners of property within 500 feet of the Property Line of the land for which e hearing is required, by certified mail, of the time and place of the rezoning hearing by thc anning, Zoning and Appoals Board at laact tcn days in advancc of thc hearing. In thc cacc of-.ndominiums within the notification area, only one notice, by certified mail, to the ..ndominium association shall be sent. For the purpose of this requirement, the names and addrecscs of property owncrs shall bc dccmcd thocc appearing on thc latcct tax rolls of thc City. The applicant shall providc thc list of owncrs to thc City at thc timc of thc initial application. City of Miami File ID: 16789 (Revision:) Printed On: 12/4/2024 SUBSTITUTED Additionally, the City shall notify all registered ncighborhood and homcowncr aocociations in thc designated area applicable to thc subject property and shall notify thc thc official representatives of such registered associations, by certified mail, of the rezoning application. Ncighborhood and homcowncr acsociations who wish to receive such noticc must register on an annual basis at thc City Manager's Office, or its designated City Department. Noticc of tcxt amendments shall bc as providcd by Chaptcr 62 of thc City Codc and state w. The City shall certify at the time of the hearing that notice as herein required was give o the persons as named and with the addresses shown on the certification. The applicant all pay for thc costs of thc mailings. Posting of the property which is the subject of the hearing and newspaper noti shall be required as provided in Chapter 62, Article IV of the City Code. Public hearing notification for an application shall be provided pursuant t. hapter 62, Article IV of the City Code. g. City Commission action on Planning, Zoning, and Appeals Beard recommendations. 1. Notice and hearings. Upon receipt of the findings and recommendations reg ding code amendments by the Planning, Zoning and Appeals Board, the City Com .sion shall hold at least two advertised public hearings on the proposed code amendment Notice shall be given as follows: Thc City shall notify all owners of property withi► ivc hundred 500 feet of thc Property Linc of thc land for which thc hawing is rcquircd, by . rtificd mail, of the timc and place of thc rczoning hearing by the City Commission at least to days in advance of the hearing. In the case of condominiums within the notification area .nly one notice, by certified mail, to the condominium acsociation shall bc sent. For thc purpo of this requirement, thc names and addrecscs of property owners shall be deemed tho- - appearing on the latest tax rolls of the City. The applicant shall provide thc list of owcrs to the City at the time of the initial application. Additionally, the City shall notify , I registered neighborhood and homeowner associations in thc designated arc a applicable to c subject property and shall notify thc thc official representatives of such rcgi" crcd acsociations, by ccrtificd mail, of thc rczoning application. Neighborhood and homeo ner associations who wish to receive such notice must register on an annual basis at thc C Manager's Office, or its designated City Department. Noticc of tcxt amend► cnts shall bc as providcd by Chaptcr 62 of thc City Codc and state law. Thc City shall cc at thc timc of the hawing that noticc as hcrcin rcquircd was given to thc persons as na d and with thc addrecses shown on thc certification. Thc applicant shall pay for the costs .' he mailings. Posting of e property which is the subject of the hearing and newspaper notice shall be required .s provided in Chapter 62, Article IV of the City Code and by state statute. Publ hearing notification for an application shall be provided pursuant to Chapter 62, Article IV of e 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:) Printed On: 12/4/2024 SUBSTITUTED Section 4. This Ordinance shall become effective immediately upon adoption and signature of the Mayor.2 Section 5. 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 6. It is the intention of the City Commission that the provisions of this Ord ance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, hich provisions may be renumbered or relettered and that the word "ordinance" may be ch ged to "section", "article", or other appropriate word to accomplish such intention. APPROVED AS TO FORM AND CORRECTNESS: 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: 16789 (Revision:) Printed On: 12/4/2024