HomeMy WebLinkAboutPZAB (9404) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-070
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 9404 Date Rendered: 10/25/2024
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF 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, 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 Planning, Zoning and Appeals Board ("PZAB") 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 PZAB 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 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 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 if fully set forth in this Section.
Date Rendered: 10/25/2024
City of Miami Page 1 of 6 File ID: 9404 (Revision:) Printed On: 10/25/2024
Section 2. The PZAB recommends approval to the Miami City Commission of an
Ordinance amending Article 7 of the Miami 21 Code, as amended, by making modifications 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
preapplication meeting with the Zoning Administrator and the Planning Director to obtain
information and guidance as to matters related to the proposed application.
a b. 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 notice to the condominium association need
be sent.
Additionally, at the time of submitting the application, thc applicant shall obtain from thc
Department of Planning the list of all registered Neighborhood and homeowner associations in
the designated area applicable to the subject property ashall notify be 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.
* * *
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.
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7.1.2.5 Waiver
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 L11 notice to the condominium association need
be sent.
Additionally, at the time of submitting the application, thc applicant shall obtain from thc
Department of Planning the list of all registered Neighborhood and homeowner associations in
the designated area applicable to the subject property ashall notify be 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 Appctials Board at Icoast tcn days in advancc of thc hctiaring. In thc
condominium association shall be sent. For the purpose of this requirement, the names and
addresccs of property owncrs shall be dccmcd thosc appcaaring on thc latcst 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 rcgistcrcd ncighborhood and homcowncr aa-ociations in thc
designated area applicable to the subject property and shall notify the official representatives of
such registered associations, by certified mail, of the application. Neighborhood and homeowner
associations 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 noticc as herein required was given to the
persons as named and with the addresses shown on the certification. The applicant shall pay
City of Miami Page 3 of 6 File ID: 9404 (Revision:) Printed On: 10/25/2024
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.
7.1.2.7 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 timc and place of the h aring by thc
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
association shall be scnt. For the purpose of this requirement, the names and addresses of
property owners shall be deemed those app aring on thc latcst tax rolls of thc City. The
applicant shall providc thc list of owncrs to the City at the time of the initial application.
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.
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Formal public notice of hearing by the Planning, Zoning and Appeals Board of an application for
a codc amendment shall bc 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
the Planning, Zoning and Appeals Board at least ten days in advance of the h aring. In the case
of condominiums within thc notification arctic, only one notice, by ccrtificd mail, to the
condominium association shall be sent. For the purpose of this requirement, the names and
addresses of property owners shall be deemed those app aring on the latest tax rolls of thc
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 rcgistcrcd ncighborhood and homcowncr aa-ociationc in thc
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.
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.
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
hearing by the City Commission 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
association shall bc scnt. For thc purpose of this requirement, the names and addresses of
property owners shall be deemed those app aring on thc latest tax rolls of thc City. The
Additionally, the City shall notify all registered neighborhood and homeowner associations in thc
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.
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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 noticc 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
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 6 of 6 File ID: 9404 (Revision:) Printed On: 10/25/2024