HomeMy WebLinkAboutSubstitution Memo from Planning DepartmentApproved:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noriega V, City Manager DATE: December 6, 2024
SUBJECT: Substitution of PZ. 19 Legislation
File ID 16789
FROM: David Snow
Director, Planning Department ENCLOSURE: Updated Legislation
The purpose of this Substitution Memorandum for Item PZ. 19 on the December 12, 2024, City
Commission Agenda is to provide updated legislation. The updated legislation eliminates
duplications and provides corrected PZAB information and an effective date.
Upon approval, the updated legislation for the Miami 21 text amendment will be provided to the
City Clerk's Office for distribution to the Mayor and all Commissioners.
DoouSigned by:
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Arthur Noriega V, City Manager
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City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican 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
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. b. Required notice and hearing.
All Abutting property owners, including those across a street or alley, shall be notified by
seed -mail- as described as Administrative Notice in Chapter 62, Article IV, of the City Code.
In the case of Abutting condominiums, only one Lil 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 ^tea -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
* * *
* * *
-�:
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall b"
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
c. Required notice and hearing.
All Abutting property owners, including those across a street or alley, shall be notified by
cmod-mail- as described as Administrative Notice in Chapter 62, Article IV, of the City Code.
In the case of Abutting condominiums, only one LI1 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 notifybe 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 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.
c--7
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
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
•
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:
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
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.
signature of the Mayor.This Ordinance shall become effective ten (10) days upon
adoption by the City Commission.2
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