HomeMy WebLinkAboutO-08607ib%16/76
6
a
9
10
11
12
13
14
15
16
OHbINANCN NO ti 86(�� ,.. /
ORDINANCEAN2NOINC ORbINANCH NOr 66911 THE
COMPRSHSNSIV IONINc OftbINANCS POR•THE' CITY• OP .
MIAMI� sY AMHNbINC SECTIONS 8-ANI5 12 OP. ARTICLE
XXX HNTITL b HAMENbMENTe, TO LENGTHEN.THE TIME
LIMITS tOR THt tONINC-BOAftb ANb.PLANNING AbVISORY
tOARb.TO'PILE•THt1R RECOMMENDATIONS WITH THH CITY
COMMISSIONrTC t Mgt THE MONTH OP AUGUST PitOM THE
COMPUTATION.W TIME' LIMITATIONS,.ANb TO-PUHTHHR
CLM IPY THt LANCtiAOE'OP SAIb SUCTIONS; REPEALING
ALL ORbINANCHS,• COME SUCTIONS • Oa PARTS THPRtOP IN
•
CONFLICT INSOFAR,AS THEY ARt•IN CON'LI,CT3 ANb
CONTAINING A StVERAEILITY PROVISION.•
17 adopted Resolution No.
18
19
20
21
22.
25
.16
27
28
29
30
31.
32
33
34
35
36
WHEREAS, the City Commission on February 12, 1976.
passed a Motion of Intent requesting the Planning Advisory Board
to consider amending and clarifying the time limitations
incorporated in Article XXX entitled "Amendments"; and
WHEREAS, the Planning Advisory Board at its meeting.
of November 3, 1976 following an advertised Hearing,
to 0 vote
by a 6
recommending an amendment to Ordinance No. 6871 as hereinafter
set forth; and
WHEREAS, the Commission deems it advisable and in
the best interest of the City of Miami and its inhabitants to
amend said Ordinance as hereinafter set forth;
THEREFORE, BE IT ORDAINED. BY THE COMMISSION
NOW
OF THE CITY OF MIAMI, FLORIDA:
Section 1.
Zoning Ordinance for the City of Miami, be and
hereby amended tay repealing Paragraphs 1 and 2
Article XXX and by adding ne'w Paragraphs 1 and
Article XXX to read as . follow :1
(1) For,a hearing required to be held by.
the Zoning Board,a Public Hearing shall be
set within sixty (60)°days from the date the
application for an amendment is filed in the
office of the Director of the Department of
PAB 30-76
Ordinance No. 6871, the Comprehensive
the same is
of Section 8,
2 to Section 8,'
OROIi ANCE Ms $b°.. 1.
AN ORDINANCE . AM NOIN ORiAi4ANOS NO i .6 8 / 14 Tilt
COMPAN N6I ONINO b bINA C6 POR .Tilt CITY OF -
MIAMI ? , tY AMi;NbINC SECTIONS ' 6 ANb ' 13 OP , ARTICLR
XXX tintntO AM1;NDMENTe ►. TO LtNGTt#i;N Tit TIME
LIMITS FOR Tii6 2ONINC i#OARti ANb PLANNING ADVISORY
' HOARD TO FILE THEIR RECOMMENDATIONS WIT i THE CITY.
COMMISSION r TO. 6XCLU0i; !M1 MONTii ' OF : AUGUST FROM THE
COMPUTATION OF TIMt LIMITATIONS, ANb To PUATHER.
'CLARIFY THE LANGUAC6'OF_SAIU.SECTION6; PEALING
_ ALL ORDINANC> S,' :. CODE SECTIONS .OR RA tTE Ti4FREO'' IN
CONFLICT INSOFAR AS THEY ARt.IN:CONFLICT' AND
CONTAINING A'StVtRABTLITY PROVISION.
WHEREAS, the City Commission on February 12, 1976.
P
passed a Motion of Intent requesting the Planning Advisory Board
to consider amending and clarifying the time limitations
incorporated in Article XXX entitled "Amendments"; and
WHEREAS, the Planning Advisory Board at its meeting
of November 3, 1976 following an advertised Hearing,
adopted Resolution No. PAB 30-76 by a 6 to 0 vote
recommending an amendment to Ordinance No. 6871 as hereinafter
set forth; and
WHEREAS, the Commission deems it advisable and in
the best interest of the City of Miami and its inhabitants to
said Ordinance as hereinafter set forth;
THE COMMISSION
amend
NOW, THEREFORE, BE IT
OF THE CITY, OF MIAMI, FLORIDA:
Section 1. Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is.
hereby amended icy repealing Paragraphs 1 and 2 of Section 8,
Article XXX and by adding new Paragraphs 1 and 2 to Section 8,
Article XXX to read as follow;:,
ORDAINED BY
(1) For -a hearing required to be held by
the Zoning Board, a. Public Hearing shall be
set within sixty (60).days ;from the: date the
application for an amendment is filed in the
office of the Director of the Department of
7
a
9
10
11
12
13
14:
15
16
17:
1.8
19
20
21
22.
:4
: 5"
26
27
28
29
30
31
32
33
i
1
AdMinistfatian for Planning and Zoning todfd"ss
The Zoning board MAY dontilue of defer acid
hearing and may tahedule additional Public Hearing§
if it deeds neoestarys The toning hoard shalifile
.its reCOMMendatioh Wta �the City eisitn ha beefioreachedft
sixty (66) days after
by the Board
(2) Pot a Heating required to be held by the
Planning Advisory Board a Public Hearing shall
be set Within sitty(60) days from thedate the
9 application for an affiehcIilent i§, . filed .. in the , Office
of the .bir°ectorof the bepartMent of AdminiStratiOn
for Planning and Zoning Boards Where t=eports of
10 the City Planning Department or other departmehtt
of the city are requisite to proper.ConsideratiOn
of the matter, the proposal.for amendment shall not
be set forpublic hearing and . the time requirement
12 of this paragraph shall; not run untilsuch reports.
have been certified by the appropriate City Depart-
13
ment head as being completed or ready for use in the
13 matter. The Planning Advisory._ Board may continue
or defer said hearing and may schedule additional
14 Public Hearings it it deems necessary. The Planning
Advisory. Board shall file its recommendation With
15 the City Commission within sixty (60) days after a
decision has been reached by the Board.
16
Section 2. Ordinance No. 6871, the Comprehensive
17 Zoning Ordinance for the City of Miami be, and the same is hereby
18 amended by adding a Paragraph (3) to Section 8 of Article No.
6
1
11
19 XXX to read as follows:
20
21
25
26
29
30
31
32
33'
34
36
(3) For the purpose of computing, the time.
limit set forth in Paragraphs (1) and (2) of
thissection, the month of :August shall
be excluded.,
Section 3. Article No. XXX, Section 13 of Ordinance
No. 6871, the Comprehensive Zoning Ordinance for the City of Miami
be, and the same is hereby amended to read as follows:
Section 13. (1) If a recommendation of the
Planning Advisory Board or the Zoning Board,
as the case may be, is not legislatively
decided within ti}e ninety (90) days of the date
of its receipt by the. City Commission, the
application upon which the report and
recommendation, is based shall be deemed to have
been deniedproviding the City` Commissionmay
refer the application to. the Planning Advisory
Board or the Zoning Board, as the case may be,
for further study, and the time provided for, said
study shall be excluded from the said ninety.(90).
day time. For the purpose of comput.flg the time
limit set forth herein, the month of August shall
be excluded.
36
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
26
27
28.
29
30
31
32
33
34
35
36
SdOtion 41 All Ordinances,. oaae sectioher or part§
thereof in conflict herewith) insofar as they are in conflict
are hereby repeal -eat
Section 51 ghotild any part or I OVieion of this
Ordinance be declared by a court of competent jurisdiction to be.
invalid, the salve shall hot affect the validity of the Ordinance
as a whole.
day of
PASSED ON FIRST READING BY TITLE ONLY this o 1501.
December 1976.
ONLY this
PASSED AND ADOPTED ON SECOND AND FINAL READING tY TITLE
26th _ day of January , 1971.
PREPARED AND APPROVED BY:
•
MICHEL E. ANDERSON
ASSISTANT CITY. ATTORNEY
APPRC•ED AS TO FORM AND COR, CTNESS:
GEORGE F.K
CITY ATTO
MAURICE A FERRE
MAYOR
APPLICANT
REQUEST
PLANNtN `PACT _SHEET
City of Miami 11anning Depertthent, October
Consideration of revising the Comprehensive Zoning Ordinance
116871 A11TICLi; XX t AMi N1DMtNTS by revising the titre Ilinits
in paragraphs (1) and (a) of Section 8, by adding a new paragraph
(a) to Section 8 to eltclude the month of August from tithe titbits',
and by amending Section la to allow the City Cottitnis siOti to
refer an application to the Planning Advisory Board or Zoning
Board without the tolling of the 90 day time lithit.
EXPLANATION The City Commission has established a policy of hearing
Planning Advisory/Zoning Board items at a special meeting,
once a month (4th Wednesday). The agenda for this meeting
is 'administratively determined three weeks in advance of the
meeting (1st Wednesday). The present time limits call for
PAB/ZB recommendations to be filed within 30 days after. the
PAB/ZB hearing has been scheduled, or lacking a quorum,
within 45 days. The recommended, revision, to Section 8,
paragraphs 1 and 2 clarifies and extends this time limit by
requiring the PAB/ZB to file their recommendations with the
City Commission within 60 days after a decision has been
reached by the PAB/ZB. Further, a new paragraph 3 (Section 8,
paragraph 3) is added which exempts the month of August from
the tolling of, time limits.
The last revision pertains to City Commission time limits
within which PAB/ZB items must be legislatively decided,
dating from receipt by the Commission. The revision would
allow the Commission to refer an application back to the PAB/
ZB for further study and to exclude the month of August, without
the tolling of the existing 90-day time limits.
BACKGROUND These items were discussed in the report "Planning and Plan
Implementation under the Two Board System" prepared by Dr.
Ernest R. Bartley dated July,- 1975. These were also discussed
at a Joint City Commission/Planning Advisory Board/Zoning
Board meeting of February 12, 1976. The City, Commission
passed a Motion of Intent dated February 12, 1976, to .implement
certain of these changes, as follows:
A MOTION OF INTENT. DIRECTING
THE CITY OF MIAMI ADMINISTRA-
TION TO EFFECT THE FOLLOWING
RECOMMENDATIONS .OFTHE DEPART-
MENT OF ADMINISTRATION, - PLANNING
ADVISORY AND ZONING BOARDS, BASED
UPON DR. E. R. BARTLEY'S REPORT OF
JULY 16, 1975:
Page 1 of 2
1) Periodic briefings to update changes:
2) There shall be no City Cothit`riiSsibh ttietber liaison,
rather, liaison to be aeeotriplishcd by staff thetnher,
to be present at all Board aril Coththissiaf rheethigi,
to cotiinitinicate, ekpedite and infart i
3) All conclitstoii§ of loth Boards are to be sutriMarited
on a one or two page sheet eitpressittg both the
prevalent view and descending view, as a general
synopsis of actions:
Tighter or stricter rules regarding absenteeistti of
board t etribers based on a "point" system, i.e.
licensing system whereby niernbership May be
revoked after a certain number of absences or points.
No tolling of time limitations during the 31 day
vacation period in August; also, City Conitnission
shall be able to refer an item to an appropriate
City department without the tolling of time limits,
tions of Article XXX, Section XIII.
6) The Department shall have printed a supply of
index cards, (3" x 51') giving. each Zoning Classifi-
cation and an abbreviated description of standards,
to be available to Commission and Board members
for speedy reference.
However, the revision to Section 8, paragraphs 1 and 2 is a
separate recommendation from the Planning Department.
Article XXX Amendments, Sections 1, 2 and 3 require the
Planning Advisory Board to make recommendation on all
amendments, other than those prepared by private citizens.
RECOMMENDATION
-PLANNING Approval.
DEPARTMENT
-PLANNING
ADVISORY
BOARD
-C I TY
COMMISSION
PD 10/28/76
Approval, by a 6-0 vote on November 3, 1976.
Passed on first reading, by a 4-0 vote ( 1 absent)
on December 15, 1976..
Page 2 of 2
All interested t ili take notice that 'oh the 260n day of, January, 107
the .City Cotnmission of Miami 1'lotida adopted the following titled otdinaiiees:
ORDINANCE No.
s667
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE
COMPREHENSIttE ZONING ORDINANCE POP. THE CITY OF
MIAMI, BY AMENDING SECTIONS $'AND 13 OF ARTICLE
XXX ENTITLED "At•IENOMENTS'', TO LENGTHEN TFtE TIME
LIMITS FOR„THE 20NiNG BOARD AND PLANNING ADVISORY
BOARD TO. PILE THEIR RECOMMENDATIONS '7ITiH THE CITY
COMMISSION►TO EXCLUDE THE MONTH OP AUGUST FROM THE
COMPUTATION OF TIME LIMITATIONS, AND, TO FURTHER
CLARIFY THE LANGUAGE OF SAID SECTIONS; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT INSOFAR AS THEYHARE IN. CONFLICT; AND
CONTAINING A S_EVERABILITY'PROVISION.
ORDINANCE NO. 'S603
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY ADDING A NEW ARTICLE, ARTICLE XVI-1,
BOULEVARD COMMERCIAL, C-4A DISTRICT, PROVIDING
FOR INTENT, USE REGULATIONS, TRANSITION USE
AREA, LIMITATIONS ON USES, FRONTAGE REQUIRE—
MENTS, AREA, YARDS, HEIGHT, USABLE OPEN SPACE,
FLOOR AREA, PARKING AND SIGNS;, BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT: AND . CONTAINING A SEVER —
ABILITY PROVISION.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 6371, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI,, BY CHANGING THE ZONING CLASSIFICATION '
OF CERTAIN PROPERTIES GENERALLY LOCATED ON AND
ADJACENT TO MARTIN LUTHER KING, JR. BOULEVARD
FROM I-95 TO N.W. 17TH AVENUE, PRESENTLY ZONED
R-4 (MEDIUM 'DENSITY MULTIPLE) , C— (LOCAL
CO:eNMERCIAL) , C-2 (COMMUNITY ITY COMMERCIAL) , AIW
C-4. (GENERAL CON: ERCIAL) , TO C-4A .(BOULEVARD
COMMERCIAL) DISTRICT: ADDING A DESIGNATION OF
TRANSITION USE AREA TO CERTAIN CONTIGUOUS
AREAS PRESENTLY ZONED R-1 (ONE FA:-:ILY) , R-2
(TWO FAMILY) AND R-3 (LOW DENSITY :ULTIPLE,
ALL AS SHOWN ON THE. MAP AND LEGAL DESCRIPTION
ATTACHED HERETO, MARKED COMPOSITE EXHIBIT A;
AND BY MAKING THE NECESSARY CHANGES I; THE
ZONING DISTRICT NAP MADE A PART ' OF THE SAID
ORDINANCE NO, 6871 BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT; AND CONTAINING A SEVERAB"ILITY
PROVISION,
c:,na
Phal,#'.Ij C,
c 1TY .CIZRI.
MIAMI , P Vt� '
ANB, BAIL' §i aPiti
I ui)lislreti batty e. eept Sdt@rrlri ; :effete* ti
Li gcl Holidays
,'4%icEitki1 b ,k ton*, it'lrritlrt
StAft of hioftibA
• COUNti OF bAbfr:
belore the 'unddrsrgned authority liersbnallY ap-
Peered Ruth (3tatter, who on oath. toys. that she
is AtsfStant 40 ,the Publishet_of the Oath. and
Daily Record, a daily (*kept SatUtday, at
and
Legal _Hoiidays)•,newspaPer published at, Miami In
Dade County, ,F orida: that .the attached copy of advet,
' . tiseiiteflt being a Legal Advertisethent or Notice in
the rafter flf
City,.Of t•tiami , Florida
OtWItiAlICL'S 8607 t tlru 8699
In the ?(XX Court,
was published In Said ,newspaper in the issues of
Fobruar.'? 1, 1977
Affiant futthet says that the said Miami Review
end Daily Record Is a newspapet published at Miami,
In said Dade County, Florida, and that the said news,
•
Paper has heretofore been continuously published in
said bade County. Florida, each day (except Saturday.
•
second class mall Holidays)tand has
office ineMiami'
in said Dade County, Florida. for a period of One year
next preceding the first publication of the attached
copy of advertisement; and Mont further says that
she has neither paid not promised any person, firm
of corporation any discount, tebate, commission of
'refund for the purpose of securing this advertisement
for publication in the said newspaper.
.b�
....-. ;.ram
. /j4 .. „r....P:,,lc.<y..,.:,
P
•
Sworn to and subscribed before t#ie t
t. ,'r.iy-A. 771
lot Ala y of 1'elirual.FX {` ... `,r,p�{A.D. 10....••:'
Betty J. Brooks /
otaty t'ubiic,'Sttate of Florida at Large.
MEAL) My Commission expires June 1, 1979. t,,,,,
3 ;1.F1071dilk..11dripteQ
C11101:4A` C ' ii.•
Fi
AN oitiMNANCAx1F:N1)INC; of 1)INA' CE O.
r,'
'rtk1: OMPitEI1.NSty 'L(NIN(; k)RIi1N{CNt 1 FOft,•'1'HE
t'ITY t) 'MIAMI, ,13Y.AMENDING. SECTIONS S AM, 1 l .
nt?, AttTRCL.t : k'�C ENTITLED "AMENDMENTS",.'1'O
I.ENi;THEN t1`ttE `t'i.ltt, L1111't'$; Filtt 'htg;zONINtt.
11r0Attt) AND' i'1UANNINO ADVicOltY t3OAttb ''to FILE
TItE1R_ Rt:('OMMP;�1)ATI-Ois \t'ITlt,'TIIE CIT,-e0M-.
1ttSStoN.. to. EXCLt.')E 't'HE..:\i0N'h 2. OF_ .AUGt3S't'
t'}tt)Nt • 't•itE COMPUTATION-- ION oF TIME't.tMt`t ATIONS,
AND TO • FCIPIIIER CLAR1t Y . l'ilE LANOCADE .OF.
SA111 ct:rTIONS; REPEA•LtNr; At.L ORDINANCES; CO1OE
•SEC'M(ONS' OR. PARTS THEkkEOF tN CONFLICT-tNSb.' '
FAR AS Ti1ES. ',ARE INCONFLtCh:.:\XI7 C0NtAININ -
A SF:VEttAttliAS I'R0VISiON:
oltb}NA'.vctg so, ssos
AN otti)iStANGt! , Aalt; fiitXG Oilj)i 4ANCE ;:(i; osier'
'tftE: C'0M1'RE1tE tStVE ZOXtNO OIUMNANCE Furl THE
CiTS' 'old, MIAMI. 1t's• 'AM)}N11 \ .NE\l' ,4ttTIC't.E, Att=
'i'tet•E _ ;K\'I-t. 1lot:1.EVA1tr) C'o:UMEttC1AL,-; C°-4A b1S
TRIc't PROVIDING FOR INTENT, USE REGIPLATIUNS.
TR.\XS1T10X tUSM' AREA. LiM1TA7'iOXS' C)X ,t3SES.
Fitt)Nt,\I;h1 REQU1REME JtS. AREA:. YARDS. ITEit:HT,
1'S,\it1.F: t:'pl'N SPACE; FLOUR' AREA,,' DAR1it\t; ,\ND'
sittNt : -131' tti pEALINT1 ALL 0ttt)1NANt'h:•S',' CotiE sEe.-'
TIONS.•ott't'ARTS THEit I)F' 1}I COXFLIC•1't'.\NO CON-
TA1NtNC A SEVERA111LtTY-. PttOVIStON,
OttftNANCi NO, StIO9
AMEN't)tNC O1t1)t.1AXCt: :tin. mitt.,
Tot!: Ci)MI'Ith:1tENStVi:-ZOX1Nt; OttbtNANCF, p'Oit.T1II'
C1'IY Hy C'HANt;tNC; Tltt: '/.0NtNC1 CL,IS3IL
FIC.\TION of CERTAIN PROPERTIES (;ENE11A1.1,Y LOs'
C'A'1'h:1) ON AND ADJACENT TO mARTIX LU'1'IlEtl
IktNI;. ,Iit. HOU LENARD FROM 1.9, TO•N.11', ITT It AVE-
' SCE. PRESENTLY ZONED •11-4, 0J1E0101'DENSITY •
i1t31.T11'l.F), C-1 iLOCAL COMMERCIAL), +Ciilt-
111'N1T\''(()MMERCIALI: AND,C-4 (GENERAL. iOMINIER-,
-C1AL . TO, C-4A iI30U1,EVARi) COMMERCIAL) i115't'RICI'
A1)1DlNt: A DESIGNATION OF TRANSITION USE AREA'
TO CERTAIN CONTIGUOUS A1t}'AS PRESENTLY ZONED
it-) ((INN FAMILY).- It-2 (TWO FAMILY) AND R-.'i UMW
-" DENSITY .N1ULTIPLE).'AL1. AS SHOWN ON THE NIAP
\:GI • LEr;AI, DESCIUP'VION ATTACHED 'III:RI::TO.
\1:Cit1:Et) Cn\1POSiTE EXHIBIT A: AND 11Y-MAKING
13
., TE NECESSARY CHANGES iX TIIE ZONING ' 1)IS-
;'Cit1t'r -MAP MADE .A PART OF THE SAID ORRDiNANCE
NO. ,6STD IVY REFERENCE AND DESCRIPTION 1N Alt-
-rlt'LE Iii, SECTION 2 T11Ei1Eoi : DV REPEALING AIL
tllllrlt.\X:'ta: coin: SECTIC'INS,' on PARTS THEREOF..
IN CONFLICT: .\\t) CONTAINING; 'A SEVI•:I:Ai*1I.ITY
Pztb\"I s i.
1',P°ill+<,ii• t
I
F.1 r.•p;n5�9fi."`.d^.a.N•�,en•vAWtW44+�P'.tN"k
' R.\LI'i1 I„ t)N(;IE
. MITi'
,t this noth'. 011 Div 1st .i: )' . t F'EliitliAttY. 19 7. ..
M 20028