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HomeMy WebLinkAboutSubstitution Memo from Planning DepartmentCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V City Manager DATE: 6/10/2025 SUBJECT: Substitution of PZ.11 - FROM: David Snow Violations- File ID 17385 Director, Planning Department ENCLOSURES: Updated Legislation The purpose of this Substitution Memorandum for Item PZ. 11 on June 12, 2025 City Commission Agenda is to provide updated legislation. The updates are necessary to limit the applicability to only applications for rezone made by the City. Upon approval, the updated legislation for the above -referenced Miami 21 Text Amendment will be provided to the City Clerk's Office for distribution to the Mayor and all Commissioners. Approved: oocuSpned by: ArtluAr *fief?, -o5vCFoG3,cDDN2n... Arthur Noriega V, City Manager �7Jt- 'oi 0200 File Number: 17385 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, BY AMENDING ARTICLE 7, SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS," TO PROVIDE AN EXCEPTION FOR APPLICATIONS MADE BY THE CITY OF MIAMI; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Article 7, Section 7.1.3.7 of the Miami 21 Code currently provides that no approval or permit may be issued, and no application may be scheduled for public hearing, for a non -homestead property if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing City enforcement procedure, is the subject of any building violation(s), has any City lien or invoice due and owing to the City, or is the subject of a notice of violation of a state law or County ordinance where the business enterprise is located or is to be located, with certain exceptions; and WHEREAS, Chapter 2, Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") includes similar language regarding issuance of permits; and WHEREAS, Chapter 2, Section 2-208 of the City Code was recently amended to provide additional exemptions; and WHEREAS, on May 25, 2023, the City Commission adopted Ordinance No. 14178, amending Article 7, Section 7.1.3.7 of the Miami 21 Code to provide clarification on the circumstances in which an application shall not be scheduled for a public hearing and approvals not be issued by the City of Miami ("City") if the property subject to the hearing or request has any open violation(s) and/or owes any monies to the City and to provide more consistency with Section 2-208 of the City Code; and WHEREAS, from time to time, the City, as the applicant, needs to process applications including Future Land Use Map amendments, rezones, and special permits to promote the general welfare of the City and its residents; and WHEREAS, an exception should be made to allow applications that list the City of Miami as the applicant to be scheduled for hearing and processed for approval; and WHEREAS, on April 2, 2025, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application for Zoning Text, item PZAB 4, and passed PZAB-R-25-016, recommending approval, by a vote of seven to zero (7-0); and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP; the Miami 21 Code; and other City regulations; and City of Miami File ID: 17385 WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration of this matter, it is deemed advisable and in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 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. Section 2. It is recommended to the City Commission that Article 7 of the Miami 21 Code be amended in the following particulars': "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1. PROCEDURES 7.1.3 Application and Review Process * * * 7.1.3.7 No Approval Available if Code Enforcement Violations Except as provided in Section 7.1.2.1 (b) (3) for Certificate of Use or in the City Code for development permits including but not limited to Waivers, Warrants, Exceptions, and Variances, no approval or permit may be issued, and no application may be scheduled for public hearing, for a non -homestead property if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, is the subject of any building violation(s), has any City lien or invoice due and owing to the City, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the permit or approval is required to cure life safety issues, is required to bring outstanding violations into compliance, is for unit(s) within building to which violations or monies owed are not attributable to the permit applicant, the application is made by the City of Miami for the purposes of amending the Zoning Atlas, or the property is wholly owned by a governmental entity. In addition, if an approval or permit required to cure the existing violation(s) has been applied for, with a complete application that is 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: 17385 being reviewed by the appropriate department, additional approvals or permits may be scheduled for hearing and/or issued for the property that is the subject of violations or monies owed. Additional permits issued are conditioned to prohibit the issuance of a certificate of occupancy or completion (including temporary or partial certificates of occupancy or completion) until the permit to cure the original outstanding Code Enforcement violation has been finalized and closed and all monies owed, inclusive of costs, to the City are paid. Any exemption listed herein may not be utilized for multi -unit structures wherein the violation has created a life safety issue for either the adjacent units or the structure in its entirety. This Section also applies to covenants, including but not limited to Unities of Title and Covenants in Lieu of Unity of Title. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code. This prohibition shall not apply to buildings or properties owned by governmental entities. 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. Section 4. It is recommended to the City Commission that the provisions of this Ordinance become and be made a part of the Miami 21 Code, 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 thereof and signature of the Mayor.2 2 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten (10) calendar 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 Citv Commission. City of Miami File ID: 17385 City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 17385 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, BY AMENDING ARTICLE 7, SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS," TO PROVIDE AN EXCEPTION FOR APPLICATIONS MADE BY THE CITY OF MIAMI; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Article 7, Section 7.1.3.7 of the Miami 21 Code currently provides that no approval or permit may be issued, and no application may be scheduled for public hearing, for a non -homestead property if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing City enforcement procedure, is the subject of any building violation(s), has any City lien or invoice due and owing to the City, or is the subject of a notice of violation of a state law or County ordinance where the business enterprise is located or is to be located, with certain exceptions; and WHEREAS, Chapter 2, Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") includes similar language regarding issuance of permits; and WHEREAS, Chapter 2, Section 2-208 of the City Code was recently amended to provide additional exemptions; and WHEREAS, on May 25, 2023, the City Commission adopted Ordinance No. 14178, amending Article 7, Section 7.1.3.7 of the Miami 21 Code to provide clarification on the circumstances in which an application shall not be scheduled for a public hearing and approvals not be issued by the City of Miami ("City") if the property subject to the hearing or request has any open violation(s) and/or owes any monies to the City and to provide more consistency with Section 2-208 of the City Code; and WHEREAS, from time to time, the City, as the applicant, needs to process applications including Future Land Use Map amendments, rezones, and special permits to promote the general welfare of the City and its residents; and WHEREAS, an exception should be made to allow applications that list the City of Miami as the applicant to be scheduled for hearing and processed for approval; and WHEREAS, on April 2, 2025, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application for Zoning Text, item PZAB 4, and passed PZAB-R-25-016, recommending approval, by a vote of seven to zero (7-0); and City of Miami File ID: 17385 (Revision:) Printed On: 6/12/2025 WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP; the Miami 21 Code; and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration of this matter, it is deemed advisable and in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 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. Section 2. It is recommended to the City Commission that Article 7 of the Miami 21 Code be amended in the following particulars': "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1. PROCEDURES 7.1.3 Application and Review Process * * * 7.1.3.7 No Approval Available if Code Enforcement Violations Except as provided in Section 7.1.2.1 (b) (3) for Certificate of Use or in the City Code for development permits including but not limited to Waivers, Warrants, Exceptions, and Variances, no approval or permit may be issued, and no application may be scheduled for public hearing, for a non -homestead property if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, is the subject of any building violation(s), has any City lien or invoice due and owing to the City, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the permit or approval is required to cure life safety issues, is required to bring outstanding violations into compliance, is for unit(s) within building to which violations or monies owed are not attributable to the permit applicant, the application is made by the City of Miami, or the property is wholly owned by a governmental entity. In addition, if an approval or permit required to cure the existing violation(s) has been applied for, with a complete application that is 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: 17385 (Revision:) Printed On: 6/12/2025 being reviewed by the appropriate department, additional approvals or permits may be scheduled for hearing and/or issued for the property that is the subject of violations or monies owed. Additional permits issued are conditioned to prohibit the issuance of a certificate of occupancy or completion (including temporary or partial certificates of occupancy or completion) until the permit to cure the original outstanding Code Enforcement violation has been finalized and closed and all monies owed, inclusive of costs, to the City are paid. Any exemption listed herein may not be utilized for multi -unit structures wherein the violation has created a life safety issue for either the adjacent units or the structure in its entirety. This Section also applies to covenants, including but not limited to Unities of Title and Covenants in Lieu of Unity of Title. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code. This prohibition shall not apply to buildings or properties owned by governmental entities. 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. Section 4. It is recommended to the City Commission that the provisions of this Ordinance become and be made a part of the Miami 21 Code, 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 thereof and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge . Wy ng III, <ytor 4/15/2025 e' ge Wy ng III, Chy -ttor -y 4/15/2025 2 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective jmmediately upon override of the veto by the City Commission. City of Miami File ID: 17385 (Revision:) Printed On: 6/12/2025