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Home My WebLink AboutCC 1973-06-01 Discussion ItemCITI2EN REQUEST Rezoning, Variances. etc. XISTI'IG PROCIEDURE COMMISSION BOARD, OR STAFF REQUEST Area rezoning, Code Amendments HEARING ADMIN. PLANNING AID ZONING BOARD Public Hearing Recommend Recommend Approval Denial CITY COMMISSION Appeal *4/5 vote to overrule Appea Deny Appeal 3/7/73 Rev. 3/15/73 REV. 3/31/73 procedure of the boards and not really ordinance -type material. Other suggestions made in the memorandum were not, because of time limitations, brought to the attention of the entire committee. The consultant has necessarily had to consider the Group C pro- posals, then, without always having had the benefit of discussion. In a few instances, the consultant believes that a thorough airing of a specific suggestion might have resulted in dropping the item. And a number of the suggestions have been incorporated into this draft. -1- CITI7,E�1 REQUEST Rezoning, Variances, etc. Recommend Approv PIWEDURE I'Rejected by committee HEARING ADMIN. STAFF REPORTS COMMISSION BOARD, OR STAFF REQUEST Area rezoning;, Code Amendments, Comprehensive plan Apr r-/ r� r ✓' ZONING BOARD (PLA\7ING BOARD Public Hearing 1 Public Hearing Adopted or Granted r Permit or Code Amendment Recommend Denial *4/5 vote to overrule Alternative Plan Automatic Adoption if no action 60 day Appeal Appeal Recommendation Apreal DENIAL 3/7/73 Rev. 3/15/73 REV. 3/31/73 T as others PERMIT i Alternative Appeal Perm t L___ 1tOCEDURt II - In4110 corporated into Procedure VI C1TI2.EN R'UEST Variances, etc. HEARING ADMIN. ZONING BOARD Public Hea ring Grant i Appeal * L/5 vote to overrule CITY COMMISSION blic Herrin Area regoning, Code Amendments Comprehensive plan Str.ff Reports Appeal* \\ Appeal AS others Alternative Appeal 3/7/73 rev,. 3/15/73 REV. 3/31/73 • Varianees,ete. 1 ail others PRRURl` III - Rejected by committee Alternative - Public Hearing City COMMISSION Public Hearing Appeal Permit Appeal Area rezoning, Code Amendments, Comprehensive plan as others 3/7/73 rev. 3/15/73 REV. 3/31/73 ..r • PA,OCti :RE I'�/ - 4ected by committee Over rule Denial Permit Permit 20VI'1G ADMINISTRATOR or HEJRING EXAMINER Appeal Appeal CAFARING DM1y,. ZO'JI?K BOARD Public Nearing Uphold Denial Appeal Alternative Appeal C2MMI5SION, POA.:F\. `R '.TAF'r r Area rezoning, Code Amendments, Comprehensive Plan as others 3/7/73 Rev. 3/15/73 REv. 3/31/73 PROCEDURE 'I - Rejected by committee . Rezoning not in accord with Comprehensive plan E.LL UESTS as others Rezoning in accord with Comprehensive plan ALTERNATIVE: as others / CITIZE REQUEST REZONING HEARING ADMIN TAFF REPORT PLANNING CARD RECOMMENDATION OPTIONAL ZONING BOARD PUBLIC HEARING RECOM. APPROVAL C ITY COMMISSION PUBLIC HEARIN DENY PERMIT OR CODE AMENDMENT APPEAL i 44/5 VOTE TO OVERRULE RECOM. DENIAL* 'CITIZEN REQUES7) PERMIT PERMIT VARIANCES ADMIN. :INTERP.- CONDITIONAL USE 1 GEAR I ND ADMIN. ONING BOARD PUBLIC HEARIN ALTERNATIVE - APPEAL *' -RECOMMEND ONLY i r� 11 11 1 1 11 1 1 11 ;L STAFF REPORTS COM''15SIONE' BOARD,OR STAF PEQUEST AREA REZONING CODE AMENDMENTS COMPREHENSIVE PLANS AMEND 1 HEARING ADMIN. LANNING BOARD UBLIC HEARING RECOMMENDATION CITY COMMISSION PUBLIC HEARIN ADOPT APPEAL REV. 3/3117$ REV. 5/30/73 • . fNEBT f.. $ARTLEY, A'. TELEPHONES: (AREA OOII HOME: 972•600e UNIVERIItYt S02.021e OR 202.02e2 CONQVI.TANT • URSAN PLANNING ANO ZONING 1080 SOUTHWEST 1ITH STREET GAINESVIL.LE. FLORIDA 32601 28 May 1973 TO: City Commission City of Miami, Florida PROFESSOR OF POLITICAL SCIENCE UNIVERSITY OF FLORIDA SUBJECT: Draft of Ordinances to implement Section 72, Miami City Charter Submitted herewith are tentative drafts of ordinances to implement Section 72 of the Miami City Charter. Section 72 was adopted in October 1972 and replaces the previous Section dealing with planning and plan implementation. The attached material represents the third draft of the pro- posed implementing legislation. The second draft was considered by a Citizens' Committee in detail. Suggestions were made by the Com- mittee and memoranda on that draft were submitted. Several sessions were held for purposes of discussion. The work of the Committee is gratefully acknowledged. Its members were conscientious and the attached product is the better for their efforts. The larger of the two items enclosed, some 36 pages in length and dated 25 May 1973, would establish a new Chapter of the Miami City Code to be entitled "Planning." Article I of this Chapter deals with "Comprehensive Planning." It is designed to put the total planning program in perspective as part of the whole process of City government. Procedures are set out for the adoption of comprehensive plans. Emphasis is on plan- ning as a continuous and comprehensive operation. Under this Chapter, two boards are created --a Planning Board and a Zoning Board. Articles II and III respectively of the pro- posed Chapter set out the powers and duties of the Planning Board and of the Zoning Board. Generally, it will be the function of the new Planning Board to concentrate on planning activity --to work toward the establishment and adoption of comprehensive plans. The Planning Board will also have limited responsibility in the amend- ment of the text and the schedule of district regulations of the comprehensive zoning ordinance and in the rezoning of property in the limited situation where the rezoning is proposed by City (as contrasted with private) agency or authority. The Zoning Board will assume responsibility for the rezoning of property on application from private persons and will handle - -.... wITR7 -" mrn rr, i " Arm L 1 t L42. L V Q {lC7li t. V a 1-11v City Commission Miami, Florida 28 May 1973 Page 2 conditional uses, variances, and interpretations of the zoning ordinance. The problem of how the members of the two boards are to be chosen is set out in Article IV. In this instance, the draft pro- vides alternatives. One approach is to have the members appointed directly by the City Commission, with standards set out to guide the City Commission in itE: choices. The other approach would set up a sort of nominating committee or screening committee to submit names from which the City Commission would make its choices. The reader will note that an explanation of these alternatives is in- cluded at the point where the language occurs in the draft. Article V sets up a new Department of City government, the Department of Hearing Administration. An explanatory note outlines the functions and responsibilities of this Department and makes clear that the Department is, in effect, the present office of the Secretary to the existing Planning Board. The second, and shorter, document revises present Article XXX of the comprehensive zoning ordinance and deals with the amending process. Establishment of new procedures does require amendment of Article. The reader who has seen one or both of the previous drafts will recognize that the attached material has been reorganized as well as redrafted in some of its parts. The inputs of the Citizens' Committee have been recognized, though not all of the suggestions made have been incorporated. To begin with, not all of the sugges- tions of the Committee were discussed by the full Committee; time limitations made full Committee discussion of all the proposals impossible. Some of the suggestions presented serious legal prob- lems. In some instances, the existing language did what the pro- posal wanted, but the Committee perhaps did not recognize the fact. A few proposals were based on a misunderstanding of draft language. In a very few cases, the consultant has incorporated a Committee suggestion without really favoring it himself. One such example is found on page 17, lines 10-13, and page 20, lines 21-23. Here the petitioner is required to submit the documents, records, etc., that support his petition at the time he submits his petition for conditional use. The Committee wished to permit him to use at time of public hearing only those documents submitted with his ap- plication. The consultant is doubtful that the petitioner should not be able to submit at time of public hearing later materials, while understanding the nature of the Committee in making the suggestion. Because the Citizens' Committee was an ad hoc committee, and for the other reasons cited, the consultant has had to use his own rTn171 1.. TP111T1 1 .4T114 1))T11)M1 1 V [1 1)[11 I. 111.. 1r110 144 .ViV ivaVV v• City Commission Miami, Florida t 28 May 1973 Page 3 judgment in appraising some of the suggestions offered. Where the suggestion was a major one, and the consultant did not include it in the draft language, an effort has been made to add a note sum- marizing the Committee position or, in one instance, the Committee proposal on the point has been reproduced in its entirety. (See the draft of revision of Article XXX, the second and smaller docu- ment, pages 10-11.) The consultant wishes to emphasize that a good deal of tech- nical material necessary to final ordinance has not been included. For example, the present term "Planning Board" as it exists in the Miami City Code will have to be changed in a number of portions of the Code not covered by the attached materials. Portions of the attached drafts, moreover, should probably not be physically located in the final version as they are in the draft --the material of Article V of the larger draft document dealing with the Department of Hearing Administration should probably be a part of Chapter II of the Code. Again, the material on conditional use and variance might better be a part of the comprehensive zoning ordinance. But these technical, editorial, and codification matters can only be handled after the policy decisions are made. To perform this chore now would be a vain task, for changes in policy would require the task to be done a second time. The document is now presented for work session activity. All citizens, as individuals or as organizations, will have an op- portunity to present their views. Written comments will be especially helpful. Certainly the Citizens' Committee will wish to push again some of the proposals that have not been included. Upon'completion of the work session phase, it is hoped that the material can then be submitted to public hearing, with the further potential for citi- zen input. .•m..n.rn rrnm t.rnsin l- rirm &JI UL ..uo i.u..uic a..+v.+ S DRAFT--28 May 1973 DRAFT--28 May 1973 The material which follows would substitute for Article XXX, "Amendments," of the present Miami Comprehensive Zoning Ordinance. There are many reasons why Article XXX must be amended. Some are technical; for example, the requirements of notice and hearing for the rezoning of property were found in old Section 72 of the City Charter. With the repeal of Section 72 and the substitution of a new Section 72, it will now be necessary to spell such re- quirements out in the Comprehensive Zoning Ordinance. There are other such technical examples. There are, too, important substantive omissions in the present language of Article XXX. See, for example, the draft lang- uage setting up standards to guide the Zoning Board in its judg- ment of individual rezoning requests, Section 11 herein. Of far greater importance is the necessity for redoing Article XXX in the light of decisions (whatever they may ultimately be) as to the respective areas of responsibilities for the boards that may be created under the new Charter Section 72. In the material that follows, responsibilities of the pro- posed Planning Board and the proposed Zoning Board as to amendment are spelled out. The consultant emphasizes that the material covered in this document deals only with amendments. In line with the suggested thinking to this point, the language that follows would require the Zoning Board to serve as the instrument for pub- lic hearing and recommendation to City Commission where the re- zoning application is initiated by private persons, i.e., applica- tions for the rezoning of specific properties. These applications at the present time constitute a great portion of the work of the present Planning Board. You will note that there is a referral system to the planning Board on such applications, but that the Planning Board does not hold public hearings. The Planning Board, in the draft which follows, would hold thepublic hearings on proposed amendments to the text of the zoning ordinance and schedule of district regulations. It would hold public hearings where property rezoning is involved only when the application or stimulus comes from an agency other than a private person or persons. A typical example of this kind would be the recent Brickell Avenue rezoning, with its new zoning classi- fication and with property rezoning being initiated by the City. These are not numerous. The Planning Board in deliberating on such amendments is, of course, serving in a recommendatory capacity to the City Commission. A previous draft, dated 17 February 1973, was gone over in great detail by the Citizens' Committee. Probably more time, indeed, was spent on that draft proposing certain changes in the procedures for the rezoning of property than any other material that was sub- mitted. This, in itself, is evidence of citizen concern with the rezoning of property. Group C of the Citizens' Committee proposed many changes in the 17 February draft, particularly in the area of notice and hear- ing. Some of the suggestions made in a lengthy typewritten memo- randum from Group C are properly a part of the future rules of procedure of the boards and not really ordinance -type material. Other suggestions made in the memorandum were not, because of time limitations, brought to the attention of the entire committee. The consultant has necessarily had to consider the Group C pro- posals, then, without always having had the benefit of discussion. In a few instances, the consultant believes that a thorough airing of a specific suggestion might have resulted in dropping the item. And a number of the suggestions have been incorporated into this draft. -1- ARTICLE X}QX -- AMENDMENTS 2 Section 1. Intent. This Comprehensive Zoning Ordinance, 3 and the official Zoning District maps which are a part of it, 4 may from time to time be amended, supplemented, changed, or 5 repealed. It is the intent of this Article that the Planning 6 Board and the Zoning Board will each serve as advisory and 7 recommendatory instruments to the City Commission for the 8 specific categories of amendments for which each is responsible 9 and in the manner herein set out. 10 Section 2. Initiation of Proposals for Amendment. h zoning amendment may be proposed by: a. City Commission; b. Planning Board; c. Zoning Board; 15 d. Any other department or agency of the City; e. Any person other than those listed in (a-d) above; 17 provLded, however, that no person shall propose an amendment 11 12 13 14 16 18 for •she rezoning of property (except as agent or attorney for 19 an owner) which he does not own. 20 All proposals for zoning amendments shall be considered 21 first by the Planning Board or first by the Zoning Board, as may 22 be herein required, in the manner herein set out. 23 All proposals for zoning amendments, whether to be heard 24 first by the Planning Board or first by the Zoning Board, shall 25 be submitted in writing to the Director of Hearing Administration; 26 applications under category (e) above shall be notarized by the 27 owner of the property or his agent or attorney, together with a 28 statement that the facts as represented in the application are 29 true and correct to the best of the owner's knowledge or that of 30 his agent or attorney. The application shall be accompanied by 31 all pertinent information required by this Comprehensive Zoning 32 Ordinance and which may be required for proper consideration of 33 the matter, along with the payment of such fees and charges as 34 have been established by the City Commission. No application for 35 zoning amendment shall be heard by either the Planning Board or -2- • • 1 the Zoning Board, as the case may be, until all required fees and 2 charges have been paid to the City. 3 In the case of applications under category (e) above, 4 documents, reports, studies, exhibits, or other written or graphic 5 materials, if any, to be used by the applicant in support of the 6 application for zoning amendment shall be submitted with and be 7 a part of the application for zoning amendment. The Planning Board 8 and the Zoning Board may require as a part of their adopted 9 rules of procedure that the author or maker of any such report or 10 study be present at the time of public hearing before the board, 11 if such report or study is to be considered by the board in reach- 12 ing decision in the matter. 13 Section 3. Amendments to be Heard by Planning Board. The 14 Planning Board shall have responsibility for holding public hearings 15 and making recommendations thereon to City Commission where the pro- 16 posed amendments are initiated by agencies in categories (a) through 17 (d) of Section 2 of this Article. 18 Section 4. Amendments to be Heard by Zoning Board. The 19 Zoning Board shall have responsibility for holding public hear- 20 ings and making recommendations thereon to City Commission where 21 the proposed amendments are initiated by persons under category 22 (e) of Section 2 of this Article. 23 Section 5. Duty of Director of Department of Hearing Ad- 24 ministration Upon Proposal for Amendment Being Filed. Upon the 25 filing of an application for amendment to this Comprehensive 26 Zoning Ordinance, the Director of the Department of Hearing Ad- 27 ministration shall determine whether the proposed amendment is 28 required to be heard by the Planning Board under Section 3 above 29 or by the Zoning Board under Section 4 above. He shall further 30 transmit promptly to the Director of the Department of Planning 31 (and to the Law Department?) all papers and supporting documents 32 which constitute the proposal for amendment, together with his 33 statement that the proposed amendment is required to be heard by 34 the Planning Board or the Zoning Board, as the case may be. In connection with the hearings required to be held on 2 zoning amendments, the Director of the Department of Hearing 3 Administration shall perform those functions set out in Chapter 4 , Article , Section , of the Code of 5 Ordinances of the City of Miami, and elsewhere in such Code. (NOTE: The reference here is to Article V of the proposed draft Chapter on Planning, such draft being dated 25 May 1973. The reader can refer spe- cifically to Sections 3 and 4 of that draft. The references are left blank above because, as is prob- able, the Department of Hearing Administration should probably and properly be a part of Chapter 2 of the Code, the Chapter which creates the various depart- ments of City Government.) 6 Section 6. Notice Generally. Notice for public hearings 7 for consideration of proposed amendments by the Planning Board or 8 by the Zoning Board, as the case may be, shall generally consist 9 of publication, not less than ten (10) days prior to the public 10 hearing, of the time and place of the hearing together with a 11 statement of the proposed amendment in (1) a newspaper of general 12 circulation in the City of Miami having a daily circulation of 13 over thousand, and (2) a Spanish language newspaper 14 having a daily circulation of over thousand. Subject to 15 City budgetary requirements, the Planning Board and the Zoning 16 Board may, for the particular hearing involved, give such ad- 17 ditional notice as it may deem proper to the subject of the 18 hearing and circumstances therein involved. 19 No recommendation to the City Commission shall be made by 20 the Planning Board or the Zoning Board, as the case may be, re- 21 garding amendments to this Comprehensive Zoning Ordinance without 22 notice being given as set out in this Section, and as may be set 23 out below for certain types of amendments, and the public hearing 24 held. 25 Section 7. Notice Where Proposed Amendment Would Change 26 the Zoning Classification of Land and is Initiated Under Category 27 (e) of Section 2. In addition to the requirement of Section 6 28 above and in the case of an application for the rezoning of land 29 initiated under category (e) of Section 2 above, a sign shall be -4- • • posted on the land which is the subject of the hearing at least 2 ten (10) days prior to the date of the public hearing by the 3 Zoning Board. The sign to be posted on said land shall measure 4 at least three (3) square feet in area, shall be of a color dis- 5 tinguishable from the surrounding landscape, and shall contain 6 substantially the following language: 7 A PUBLIC HEARING CONCERNING THE REZONING OF THIS 8 PROPERTY FROM TO WILL BE 9 HELD BY THE ZONING BOARD OF THE CITY OF MIAMI. 10 CALL (phone number) FOR INFORMATION. 11 The sign shall be erected in full view of the public on 12 each street side of the said land. Where the property for which 13 rezoning is sought is landlocked, the sign or signs shall be 14 erected on the nearest street right of way, with an attached no- 15 tation indicating generally the distance and direction to the 16 property for which rezoning is sought. Where large parcels of 17 property are involved with street frontages extending over con- 18 siderable distances, as many signs shall be erected on a street 19 frontage as may be deemed adequate to inform the public. 20 Notice of the time and place of the public hearing by the 21 Zoning Board shall be sent at least ten (10) days in advance of 22 the hearing by certified mail to the owner of the subject property 23 or his designated agent or attorney, if any. 24 Notice of the time and place of the public hearing by the 25 Zoning Board shall.be sent at least ten (10) days in advance of 26 the hearing by mail to all owners of property within Z7 feet of the property lines of the land for which rezoning is sought. 28 For the purpose of this requirement, the names and addresses of 29 property owners shall be deemed those appearing on the latest tax 30 rolls of the City. 31 Section 8. Notice Where Proposed Amendment Would Change 32 Zoning Classification of Land Under Categories (a-d) of Section 2 33 and Section 3. In addition to the requirement of general notice 34 set out in Section 6 above, where the proposal for the rezoning of 35 land is initiated by agencies in categories (a) through (d) of -5- Section 2 above and where the planning Board is required to hear 2 such proposals by the terms of Section 3 above, notice of the 3 time and place of the public hearing by the Planning Board shall 4 be sent at least ten (10) days in advar..ce of the hearing by cer- 5 tified mail to all owners of property proposed for rezoning. Mail 6 notice shall also be given to owners of property within 7 ' hundred feet of the lands so proposed for rezoning. For the pur- 8 pose of this paragraph, the names and addresses of property owners 9 shall be deemed those appearing on the latest tax rolls of the 10 City. (NOTE: Sections 6. 7, and 8 above, dealing with notice, received more attention by the Citizens' Committee than almost any other single item. Group C, particularly, had many proposals for notice, some of which have been incorporated in this draft. Indeed, because of the interest evidenced, some small discussion of the problem is necessary. The cry of citizens "that they didn't know about the property being rezoned is most common --and not alone in Miami: Yet some proposals for requiring no- tice to adjacent property owners and residents when rezoning is proposed would work an unconscionable, if not impossible, burden on City administrators. The draft attempts to strike a balance in this regard. There is little argument (aside from the one of increased cost which can be covered by higher fee ap- plications for rezoning) that rezoning notices should be placed in newspapers of true general circulation rather than specialized circulation. And it may be that Miami, with its high percentage of Spanish speak- ing citizens should have an additional Spanish lang- uage newspaper requirement. The real problem comes with the suggestions for mail notice. Group C of the Citizens' Committee sug- gested, for example, that some sort of graded distance scale be worked out for much wider mail notice where the proposed rezoning would affect larger numbers of residents, with a smaller area for notice where the rezoning was relatively "unimportant." The difficulty with this approach, reasonable as it may sound in principle, is that the standard would have to be a quantified one --number of proposed dwelling units or size of the area involved in the rezoning, as examples. If area is to be the criterion, the consultant has seen a number of instances where the rezoning of a single lot has been of great importance and the re- zoning of a larger area not nearly so critical. In other words, substantive importance does not always relate to the size of the area involved. Another suggestion was that all residents, not just property owners, within a certain distance be notified of a prospective rezoning of property. Sound in principle as the proposal may be, the administrative and legal difficulties involved, given the mobility of population, are great indeed. One may note, too, that additional notice require- ments, beyond those of ordinance, could be imposed by rules adopted by the two boards involved. Here, of -6- course, there would always be the problem of money. At the present time, courtesy notices are sent out by Mr. Simpson's office. The City's postage bill, even in this context, still runs thousands of dollars a year. Increasing a distance requirement from 200 to 300 feet, for example, will more than double the postage bill, for distances are measured roughly in a circle from the property involved and the increase is not in arith- metical proportion but rather in accord with the old law of pi x r2 in the calculation of the area of a circle. In any event, it is certain that the provisions on notice will be discussed at length when public hearings are held. The final product will necessarily have to represent a balance of the public's undoubted "right to know" and the realities of cost and administrative capa- bilities. 1 Section 9. Reference of Applications to Planning Board for 2 Proposals for Amendments Rectuired to be Heard by the Zoning Board. 3 All proposals for amendments required to be heard by the Zoning 4 Board shall be referred to the Planning Board and the Planning 5 Board may, but is not required to do so, make such report, recom- 6 mendation, and advice in writing to the Zoning Board as it may 7 deem appropriate in the case. The Planning Board shall not be 8 required to hold a public hearing prior to giving such report, 9 recommendation or advice, but such report, recommendation, or 10 advice shall not be authorized other than in a public meoting of 11 the Planning Board where such item is a part of a previously 12 prepared agenda of the Planning Board. The public hearing scheduled 13 before the Zoning Board shall not be delayed or recessed because 14 no report, recommendation, or advice from the Planning Board has 15 been received in the matter, except upon request from the Planning 16 Board for such delay and the vote of not less than a majority of 17 the total membership of the Zoning Board to that effect. Lack of 18 a report, recommendation, or advice in the matter by the Planning 19 Board shall not be deemed by the Zoning Board as constituting 20 either Planning Board approval or disapproval of the proposed 21 amendment. 22 Section 10. Hearings of Boards and Report to City Com- 23 mission: Time Limits. For a hearing required to be held by the 24 Zoning Board, the Zoning Board shall hold its public hearing 25 within days from the date the application 26 for amendment is filed in the Office of the Director of the -7- Department of Hearing Administration. Unless a longer time be 2 mutually agreed upon in the matter by the Zoning Board and the 3 City Commission, •:he Zoning Board shall file its recommendation 4 within days, or, lacking a quorum, within 5 days after the public hearing has been held before the Zoning 6 Board. 7 For a hearing required to be held by the Planning Board, 8 the Planning Board shall hold its public hearing within 9 days after the application for amendment has been 10 filed in the Office of the Director of the Department of Hearing 11 Administration. Where reports of the City Planning Department or 12 other Departments of the City are requisite to proper considera- 13 tion of the matter, the application for amendment shall not be .14 deemed completed and the time requirement of this paragraph shall 15 not run until such reports have been certified by the appropriate 16 City department head as being completed or ready for use in the 17 matter. Unless a longer time be mutually agreed upon in the 18 matter by the Planning Board and City Commission, the Planning 19 Board shall file its recommendations with the City Commission 20 within days, or, lacking a quorum, within 21 days after the public hearing has been held before the Planning 22 Board. (NOTE: Because the Zoning Board will, under this draft, be handling matters of rezoning of individual properties on application of private persons, the time requirements should be more stringent than for those proposed amendments initiated by City of Miami agencies. Thus, two paragraphs, rath e r than one, will probably be required here.) 23 Section 11. Nature and Requirements of Zoning Board Report 24 to City Commission. When pertaining to the rezoning of land under 25 application made under category (e) of Section 2 above, the report 26 and recommendations of the Zoning Board shall show that the Zoning 27 Board has studied and considered, where applicable, whether or not: 28 a. The proposed change is contrary to the established land 29 use pattern; 30 b. The proposed change would create an isolated district 31 unrelated to adjacent and nearby districts; 32 c. The proposed change would materially alter the popu- 33 cation density pattern and thereby increase or overtax the load -8- • • on public facilities such as schools, utilities, streets, etc.; d. Existing district boundaries are illogically drawn 3 in relation to existing conditions on the property proposed for 4 change; 5 e. The proposed change would be in conformity or in con- 6 flict with adopted City comprehensive plans or portion or portions 7 thereof, or would require substantial modification of the adopted 8 comprehensive plans or portion or portions thereof; 9 f. Changed or changing conditions make the passage of 10 the proposed change necessary; 11 g. The proposed change will adversely influence living 12 conditions in the neighborhood; 13 h. The proposed change will create or excessively 14 increase traffic congestion or otherwise affect public safety; 15 i. The proposed change will create a drainage problem; 16 j. The proposed change will seriously reduce light and 17 air to adjacent areas; 18 k. The proposed change will adversely affect property 19 values in the adjacent area; 20 1. The proposed change will be a deterrent to the improve- 21 ment or development of adjacent property in accord with existing 22 regulations; 23 m. The proposed change will constitute a grant of special 24 privilege to an individual owner as contrasted with the public 25 welfare; 26 n. There are substantial reasons why the property cannot 27 be used in accord with existing zoning. 28 o. Whether the change suggested is out of scale with the 29 needs of the neighborhood or the City; 30 p. it is impossible to find other adequate sites in the 31 City for the proposed use in districts already permitting such 32 use. (NOTE: The use of standards by boards in reaching decision on the rezoning of property is now common in ordinances around the State and the nation. The ones given in the draft are based on Florida judicial de- cisions and, quite frankly, the present Planning Board -9- • should be following them anyhow as should boards in all governmental jurisdictions in Florida having zoning authority. Group C of the Citizens' Committee proposed a re- organization of the standards and some additions to them. No discussion was had in this matter, since time was not available. The consultant has chosen, therefore, to leave the present draft pretty much as it was in the material of 17 February 1973. In order, however, that the reader may have the material of Group C on this point, it is reproduced here as sub- mitted to him. The pertinent language is as follows and, if adopted, would substitute for Section 11 immediately above: "When pertaining to the rezoning of land under application made under Category (e) of Section 2 above, the report and recommendations of the Zoning Board shall show that the Zoning Board has studied and considered the following categories and the questions listed where applicable: A. The benefit of the proposed change to the community and the appropriateness of the change for the suggested location. 1. Will the proposed change to the community? 2. Will the proposed change lated district unrelated nearby districts? 3. Will the proposed change adversely influence living conditions in the neighborhood? 4. Will the proposed change seriously reduce light and air to adjacent areas? 5. Will the proposed change adversely affect property values in the adjacent area? 6. Will the proposed change constitute a grant of spacial privilege to an individual owner as contrasted with the public welfare? 7. Is the suggested change out of scale with the needs of the neighborhood or city? 8. Is it impossible to find other adequate sites in the city for the proposed use in districts already permitting such use? B. The adequacy of transportation. 1. Will the proposed change create or excessively increase traffic congestion or otherwise af- fect public safety? 2. Is the combination of roads and public trans- portation sufficient to accommodate the pro- posed project? C. The adequacy of utilities, services and amenities. 1. Will the proposed change materially alter the population density and thereby increase or overtax the load on public facilities such as schools and libraries? 2. Will the proposed change materially alter the population density and thereby require sewers, water supply, or other utilities that cannot be practically supplied? 3. Will the proposed change materially alter the population density such that appropriate ameni- ties such as parks and shopping areas would not be available? -10- be of benefit create an iso- to adjacent and • • 4. Will the proposed change create a drain- age problem? D. The City land use plan and zoning requirements. 1. Is the proposed change contrary to the established land use pattern? 2. Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 3. Is the proposed change in conformity or in conflict with adopted City Comprehensive plans or portion or portions thereof, or would it require substantial modification of the adapted comprehensive plans or portion or portions thereof? 4. Will the proposed change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? 5. Are there substantial reasons why the pro- perty cannot be used in accord with exist- ing zoning? E. Environmental considerations. 1. Are there special environmental considera- tions with regard to the property in ques- tion?" 1 Section 12. Nature and Requirements of Planning Board Report 2 to City Commission. For hearings required under this Article to be 3 held by the Planning Board, the report and recommendations of the 4 Planning Board to City Council shall show: 5 a. When pertaining to the rezoning of land and where the 6 application has been initiated under categories (a) through (d) 7 of Section 2, above, that the Planning Board has considered such 8 of the factors set out in Section 11 above as may be applicable 9 in the case; 10 b. When pertaining to other proposed amendments of the 11 Comprehensive Zoning Ordinance, that the Planning Board considered 12 and studied (1) the need and justification for the proposed change: 13 and (2) the relationship of the proposed amendment to the purposes 14 and objectives of the City's comprehensive plans or portion or 15 portions thereof, with appropriate consideration as to whether the 16 proposed change.will further the purposes of the comprehensive 17 planning program, this Comprehensive Zoning Ordinance, and other 18 City codes, regulations, and actions designed to implement the 19 comprehensive planning program. -11- r Section13. Status of Board Reports and Recommendations. 2 The reports and recommendations of the Planning Board or the Zon- 3 ing Board required by Sections 10, 11, or 12 above, as the case 4 may be, shall be advisory only and shall not be binding upon the 5 City Commission. In its deliberations on the reports and recom- 6 mendations in the actions that it may take in regard to them, the 7 City Commission shall consider such of the requirements of Sections 8 11 or 12 as may be applicable to the particular matter before it. 9 Section 14. City Commission: Action on Board Reports. Upon 10 receipt of the report and recommendations of the Planning Board or 11 the Zoning Board, as the casamay be, the City Commission shall 12 (may?) hold a second public hearing with notice to be given as 13 set out in Sections 6, 7, or 8 above, as is appropriate to the 14 particular matter. (If no public hearing with notice be held on 15 the matter, the City Commission shall handle the same in open meet- 16 ing, in the same fashion as it handles any other item of legis- 17 Lative business and as a part of a previously prepared agenda.) (NOTE: The material of the few immediately preceding lines would be struck, if the decision is taken to make a public hearing before the City Commission manda- tory. It is interesting to note that there is some movement toward permitting a city's legislative body to decide whether or not to hold an advertised public hearing in each and every instance. Note that the City Commission, if the permis:ive approach is adopted, still retains the ultimate legis- lative authority, as it must under the law. Under the permissive procedure, the necessity for an advertised public hearing is met at the Board level, but the Commission may decide to hold an additional advertised hearing. It may be noted that if the notice requirements are to be substantially increased, the permissive approach may be sounder in terms of costs and admini- strative labor.) 18 In the case of all proposed changes or amendments, if the 19 recommendation of the Planning Board or the Zoning Board, as the 20 case may be, is adverse to the proposal, such changes or amend- 21 ments shall not be adopted except by the vote of at least three 22 (3) (four (4)?) members of the City Commission. 23 Section 15. Failure of City Commission to Act. If a 24 recommendation of the Planning Board or the Zoning Board, as the 25 case may be, is not legislatively decided within sixty (60) days -12- 1 of the date of its receipt by the City Commission, the applica- 2 tion upon which the report and recommendation is based shall be 3 deemed to have been denied, providing the City Commission may 4 refer the application to the Planning Board or the Zoning Board, 5 as the case may be, for further study. In case of such reference, 6 the City Commission shall set a date certain for the return of a 7 board report to the City Commission. 8 Section 16. Limitations on the Rezoning of Property Under 9 Where Application is Initiated Under Category (3) of Section 2. 10 For applications initiated or proposed to be initiated under 11 category (e) of Section 2 above, the following limitations shall 12 apply: 13 a. Except where the proposal for the rezoning of property 14 involves an extension of an existing district boundary, no change 15 in the zoning classification of land shall be considered which 16 involves less than forty thousand (40,000) square feet of area and 17 two hundred (200) feet of street frontage. 18 b. Whenever the City Commission has denied an application 19 for the rezoning of property, the Zoning Board shall not there- 20 after: 21 (1) consider any further application for the same rezoning 22 of any part of all of the same property for a period 23 of eighteen (18) months from the date of such action; 24 (2) consider an application for any other kind of rezon- 25 ing on any part or all of the same property for a 26 period of twelve (12) months from the date of such 27 action; 28 c. Whenever the City Commission has changed the zoning 29 classification of property by amendment, the Zoning Board shall 30 not thereafter consider any petition for rezoning of all or any 31 part of the same property for a period of eighteen (18) months from 32 the date of such action. 33 Section 17. Waiver of Time Limits. The time limits of 34 Section 16 (b & c) above may be waived by a vote of not less than 35 three (3) members of the City Commission when such action is deem- 36 ed necessary to prevent injustice or to facilitate development of 37 the City in the context of adopted comprehensive plans or portion 38 or portions thereof. -13- - • DRAFT - 25 May 1973 DRAFT - 25 May 1973 CHAPTER . PLANNING ARTICLE I -- COMPREHENSIVE PLANNING 1 Section 1. Purpose and Intent. Under authority conferred 2 by the Constitution and Laws of Florida and Section 72 of the 3 Charter of the City of Miami, it is the intent of the City to 4 plan for the City's future development and, as an integral part 5 of the total and continuing planning process, to take such lawful 6 actions as may be deemed necessary to implement the comprehensive 7 planning program. 8 The continuing comprehensive planning program contemplated 9 by this Chapter shall be a coordinated one, taking into account the 10 factors and situations which bear on the course of present and 11 future development and growth of the City, to the end that the 12 present and future population of the City will be assured of a 13 healthful, compatible, and habitable living environment. 14 The continuing comprehensive planning program and compre- 15 hensive plans that may be adopted may include, but are not to be 16 deemed as limited to, principles and policies to be followed in 17 (1) future development of the City, (2) location, relocation, and 18 character of the various uses of land and water, (3) location, 19 relocation, and character of public and private open spaces and 20 structures for recreation, amenity, and cultural life, (4) modes 21 and means of travel and transportation, (5) location and character 22 of public buildings, services, and facilities, (6) provision of 23 necessary utilities, (7) development of standards for ecological 24 and environmental quality, (8) conservation, rehabilitation, or 25 replacement of housing, (9) treatment of areas, sites, or structures 26 of historical or archeological import and significance, (10) density 27 of population, (11) methods and policies for encouragement of co- 28 operation of private persons and groups in the development, imple- 29 mentation, and accomplishment of adopted comprehensive plans, (12) 30 taxing and financial arrangements and long-range capital improve- 31 ment programs deemed necessary to implement the planning program, -1- 1 and (13) land use control and regulatory measures and other instru- 2 ments deemed necessary to accomplish the aims and objectives of 3 adopted comprehensive plans. 4 Adopted plans may take the form of singular or multiple 5 documents, maps, charts, graphs, statistical information, commen- 6 tary, statements of purpose and intent, or other forms recogniz- 7 able as declaring the purpose and intent of the City in guiding 8 the future growth and development of the City as a whole, a geo- 9 graphical classification thereof, or a functional classification 10 thereof. 11 Section 2. Boards: Generally. To meet the responsibilities 12 under the continuous comprehensive planning program required by 13 this Chapter, certain boards are established and given authority 14 and responsibility as out in this Chapter and elsewhere in the 15 Code of the City of Miami, Florida. The powers and duties of the 16 boards so established shall be exercised in the manner set out. 17 The boards so established are to be denominated as (1) the Planning 18 Board of the City of Miami and (2) the Zoning Board of the City of 19 Miami. The City Commission may by resolution create additional 20 committees or instruments to serve in advisory or consultative 21 capacities to the Planning Board or to the Zoning Board. 22 Section 3. Administrative Responsibility: Generally. Ad- 23 ministrative authority and responsibility for the preparation, con- 24 duct, and implementation of the continuing comprehensive planning 25 program shall be as set out in this Chapter and elsewhere in the 26 Code of the City of Miami, Florida. Under the authority of the 27 City Manager, the Planning Department, as established by Sections 28 2-61 through 2-69 of the Code of Miami, Florida, shall work in 29 close coordination with the Planning Board, the Zoning Board, and 30 other appropriate City boards and departments in the preparation, 31 conduct, review, and implementation of the continuing comprehensive 32 planning program. 33 Section 4. Effect of Previously Adopted Comprehensive Plan. 34 Any comprehensive plan, or portion or portions thereof, previously 35 adopted by the City shall remain in full force or effect until -2- r 1M-473♦4t4 1 superseded by any plan, or portion or portions thereof, adopted 2 under this Chapter. 3 Section 5. Comprehensive Planning Program: Preparation and 4 Adoption of Comprehensive Plans for the City as a Whole or a Geo- 5 graphical or Functional Classification Thereof. 6 a. Preparation. When basic information for the City, or 7 geographical or functional classification thereof, has been brought 8 together, the Planning Department shall prepare comprehensive and 9 coordinated plans for the development of the City, or geographical 10 or functional classification thereof, for review and recommenda- 11 tion by the Planning Board. Such plans, or substantial portions 12 of plans as may relate to geographical or functional classifications 13 thereof, shall be based on existing and anticipated needs, showing 14 existing and proposed improvements and stating the principles accord- 15 ag to which future development should proceed and the manner in which 16 such development should be controlled. The plans, or portion or 17 portions thereof, shall be made with the general purpose of guiding 18 and accomplishing a coordinated, adjusted, and harmonious develop- 19 ment of the City, or geographical or functional classification 20 thereof, which will, in accordance with existing and future needs, 21 best promote public health, safety, comfort, order, appearance, con- 22 venience, morals, and the general welfare and which will contribute 23 to efficiency and economy in the process of development and future 24 maintenance. The planning program shall include plans for future 25 land use and may include plans for transportation, housing, recrea- 26 tion, utilities, community facilities, a long-range financial pro- 27 gram for public improvements, instruments for encouragement of 28 cooperation between private groups and government, measures for 29 implementation, and such other matters as may be deemed necessary 30 by the Planning Board and the City Commission for the purpose of 31 meeting the objectives of this Chapter. 32 The Planning Department shall keep the Planning Board informed 33 of the progress and status of the work involved in the continuous 34 planning program and shall work closely with, consult with, and 35 seek the advice of the Planning Board and other appropriate City -3- 1M-473 B424 1 boards and departments in the preparation of plans, or portion 2 or portions thereof, under the continuing planning program. 3 b. Review and Recommendation by Planning Board. As the 4 comprehensive plans, or substantial portions thereof as may corre- 5 spond generally with functional or geographical classifications of 6 the City, are prepared and completed, they shall be reviewed by 7 the Planning Board. At such time as the Planning Board may have 8 reviewed and discussed the plans, or portion or portions thereof 9 and has determined that a public hearing should be held thereon, 10 the Board shall set a date or dates certain for holding a public 11 hearing or hearings on the plans, or portion or portions thereof. 12 At least ten (10) days pu lic notice shall be given before the 13 Planning Board holds any such public hearing or hearings on any 14 plans, or portion or portions thereof. For the purpose of this 15 subsection, public notice shall be deemed to have been given when 16 (1) notice is given in a newspaper of general circulation in the 17 City having a daily circulation of over thousand, and (2) 18 a spanish language newspaper in the City having a daily circulation 19 of over ; in addition, the Planning Board may, for the 20 particular hearing or hearings involved give such additional notice 21 as it may deem proper to the subject of the hearing and circumstances 22 therein involved. 23 Upon completion of such hearing or hearings, the Planning 24 Board may recommend to the City Commission, by not less than four 25 26 27 28 29 30 31 32 33 34 35 (4) affirmative votes, the adoption by the City Commission of the plans, or portion or portions thereof, upon which the public hear- ing or hearings were held. 'The Board resolution of recommendation shall refer expressly to the maps, descriptive material, and other data intended by the Planning Board to form the whole or the part of the plans upon which the public hearing or hearings were held. The action taken and the recommendation made by the Planning Board shall be recorded on the recommended plans, or portion or portions thereof. The signatures of the Chairman of the Planning Board and the Planning Director shall be affixed thereto as certifying to the action taken and the recommendation made and the date of -4- 1 such action and recommendation; and the signature of the Director 2 of the Department of Heating Administration shall be affixed as 3 certifying that the requisite hearing or hearings were held on 4 the dates certified. A copy of the comprehensive plans, or portion 5 or portions thereof, shall be certified to the City Commission. 6 The recommended copy of the plans, or portion or portions thereof, 7 together with any recommended amendments thereto, shall be a part 8 of the permanent and public records of the Planning Board. 9 c. Adoption by the City Commission. Upon receipt of the 10 recommendation or recommendations of the Planning Board, the City 11 Commission shall set a date certain for holding a public hearing 12 or hearings upon the recommended plans, or portion or portions 13 thereof, which date shall not be less than days from 14 that date upon which the City Commission has formally received the 15 recommendation or recommendations of the Planning Board. Notice 16 of such public hearing or hearings by the City Commission shall be 17 given as set out in subsection (b) above. 18 Upon such public hearing or hearings, the City Commission 19 may thereafter adopt the plans or portion or portions thereof as 20 recommended by the Planning Board, modii:y the plans or portion or 21 portions thereof, or reject the plan or portion or portions thereof. 22 Any plans, or portion or portions thereof, or modification thereto, 23 shall become effective only upon adoption by resolution by the 24 affirmative vote of not less than three (3) members of the City 25 Commission. 26 Section 6. Legal Effect of Adoption of Comprehensive Plans 27 for the City as a Whole, or a Geographical or Functional Classifi- 28 cation Thereof. Whenever comprehensive plans for the City as a 29 whole, or for geographical or functional classifications thereof, 30 have been finally adopted as set out in Section 5 above, then and 31 thenceforth no public street or park; other public way, ground, place, 32 or space; public building; or public structure or activity not in 33 conformity with the adopted comprehensive plans or portion or por- 34 tions thereof shall be constructed, altered, or authorized in the 35 City unless the location and extent thereof shall have been submitted -5- IM-473.$424 to the Planning Board for a report and its statement of approval or disapproval and the reasons therefore. Within thirty (30) days after the request for such report has been received by the Plan- ning Board or within such other time limit as may be agreed upon, the report shall either be made or failure of the Planning Board to act shall be deemed approval. The Planning Board's report under this section may be overruled by the vote of three (3) mem- bers of the City Commission. After comprehensive plans for the City or a portion of such plans corresponding generally with a geographic or functional classification of the City have been adopted in the manner herein set out, no zoning ordinance, subdivision regulation, or other land use control regulation shall be adopted, repealed, or amended until such question has been referred to the Planning Board for review and recommendation to the City Commission; provided, however, that this provision shall not be deemed to be mandatory in those instances involving changes in the official zoning map of the City where such changes are not the result of the establishment of a new zoning classification enacted after the effective date of this Chapter. Recomnendations to the City Commission for changes in the official map of the City, not involving the establishment of a new zoning classification, shall be made by the Zoning Board in the manner set out in the City Code. Section 7. Review and Amendment of Adopted Comprehensive Plans for the City as a Whole, or a Georgraphical or Functional Classification Thereof. Periodically, but not less than once every two (2) years, adopted comprehensive plans or portion or portions thereof shall be reviewed by the Planning Board to determine whether changes in the amount, kind, or direction of development and growth of the City or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plans, or portion or portions thereof. If the City Commission desires an amendment or addition, it may, on its own motion, direct the Planning Department to prepare such amendment for submission to and review by the Planning Board. The Planning Board shall -6- 1M4734414 1 make a recommendation on the proposed plan amendment to the City 2 Commission within a reasonable time as established by the City 3 Commission. The procedure for revising, adding to, or amending 4 comprehensive plans or portion or portions thereof shall be the 5 same as the procedure for original adoption. 6 Section 8. Appropriations, Fees, and Other Income. The 7 City Commission shall provide appropriations for salaries, fees, 8 and expenses necessary in the conduct of the work of the boards 9 established by this Chapter and for the departments and employees 10 necessary in the conduct of the continuing planning program. Such 11 monies, and any other sums which may be made available through 12 fees, gifts, state or federal grants, state or federal loans, or 13 other sources shall be expended under the authority of the City 14 Manager in accordance with the established budgetary and fiscal 15 procedures and practices of the City of Miami. 16 ARTICLE II -- PLANNING BOARD 17 Section 1. Establishment. There is hereby established a 18 board, to be known as the Planning Board of the City of Miami, 19 Florida. The Planning Board shall consist of seven (7) members 20 and two (2) alternate members, to be appointed in the manner 21 hereinafter set out in Article IV of this Chapter. 22 Section 2. Functions, Powers, and Duties of Planning Boards: 23 Generally. The Planning Board is an integral part of the total 24 process of planning for the future development and growth of the 25 City of Miami. The Board is to serve as an instrument of coordina- 26 tion in all phases and aspects of the comprehensive planning pro- 27 gram authorized by Section 72 of the Charter of the City of Miami. 28 The functions, duties, and powers of the Planning Board in the 29 City's continuous comprehensive planning program shall be, in 30 general: 31 a. To acquire and maintain such information and materials 32 as are necessary to an understanding of past trends, present con- 33 ditions, and forces at work to cause chan5es in these conditions. 34 Such information and material may include, but is not to be limited 35 to, maps and photographs of man-made and natural physical features -7- IM4734124 1 of the City, statistics on past trends and present conditions with 2 respect to population, property values, economic base, environmental 3 factors, land use, and such other information as is important or 4 likely to be important in determining the amount, direction, and 5 kind of development and growth to be expected and planned for the 6 City in the future. 7 b. To review and to recommend to the City Commission for 8 adoption and from time to time recommend amendments and revisions 9 to comprehensive and coordinated general plans, or portion or 10 portions thereof, for meeting present requirements and such future 11 requirements as may be forseen. 12 c. To establish principles and policies for guiding 13 action affecting future development in the City. 14 d. To prepare and recommend to the City Commission ordinances, 15 regulations, and other proposals promoting orderly development along 16 the lines indicated as necessary and desirable by the comprehensive 17 planning program. 18 e. To conduct such public hearings as may be required to 19 gather information and public reaction necessary for the drafting, 20 establishment, maintenance, and recommendation to the City Commission 21 for adoption of comprehensive plans or portion or portions thereof, 22 and to conduct such public hearings as may be required on ordinances, 23 codes, and regulations related to plans made and their implementa- 24 tion; and to establish public committees or task forces when deemed 25 necessary for the purpose of collecting and compiling information 26 necessary to the planning program, or for the purpose of promoting 27 and implementing the accomplishment of comprehensive plans in whole 28 or in part. 29 f. To make or cause to be made any necessary special studies 30 on the location, adequacy, and conditions of specific facilities in 31 the City. These may include, but are not limited to, studies on 32 housing, commercial, and industrial conditions and public facilities, 33 recreation, public and private utilities, conservation of natural 34 resources, roads°and traffic, tr< Tnortation, parking and the like. 35 g. When duly author t4 ord::nance, to determine whether -8- 2M47344t4 • 1 specific proposed developments conform to the principles and re- 2 quirements of the planning program. 3 h. To serve as an instrument for informing the City Commis- 4 sion, other City departments and agencies, and the public of the 5 continuing comprehensive planning program and its purposes and 6 status. 7 i. To perform such other duties in connection with the 8 comprehensive planning program as may lawfully be assigned to it. 9 All City departments and employees shall, upon request and 10 within a reasonable time, furnish to the Planning Board or its 11 agents such available records or information as may be required 12 in the work. The Planning Board or its agents may, in the perform- 13 ance of official duties, enter upon lands and make examinations or 14 surveys in the same manner as other authorized City agents or 15 employees, and shall have such other powers as are required for 16 the performance of official functions in carrying out the purposes 17 and responsibilities of the Planning Board and the comprehensive 18 planning program. 19 Section 3. Proceedings. 20 a. Officers and Voting. The Planning Board shall select a 21 Chairman and a Vice -Chairman from among its members and may create 22 and fill such other offices as it may determine. All members, or 23 an alternate member sitting in place of a member, shall be required 24 to vote on matters before the Planning Board, subject to the pro- 25 visions of Section 3(f) below. 26 The Director of Planning shall be the Secretary of the Plan- 27 ning Board; provided, however, that for any purposes involving 28 public hearings required to be held by the Planning Board, all 29 procedural activities relating to such hearings, including the 30 preparation of minutes and official records of such hearings, shall 31 be the responsibility of the Director of the Department of Hearing 32 Administration. 33 b. Rules of Procedure. The Planning Board shall establish 34 rules of procedure necessary to its governance and the conduct of 35 its affairs, in keeping with the applicable provisions of Florida -9- 1M4794424 1 Law, City Charter, and City ordinances and resolutions. Such rules 2 of procedure shall be available in written form to persons appearing 3 before the Planning Board and tothe public upon request. 4 c. Meetings. The Planning Board shall hold at least one 5 regularly scheduled meeting each month, except the month of August, 6 on a day to be determined by the Board. Other regularly scheduled 7 meetings may be set by the Board and additional meetings may be 8 held at the call of the Chairman and at such other times as the 9 Planning Board may determine. Meetings that are not regularly 10 scheduled shall not be held without at least ten (10) days written 11 notice to each member and alternate member. The Planning Board shall 12 have the power to take testimony under oath and to compel the attend- 13 ance of witnesses. 14 d. Quorum; Public Records. The Planning Board shall keep 15 minutes of its proceedings, showing the vote of each member (in- 16 eluding the Chairman or Vice -Chairman) or alternate member (if 17 sitting for a member), or if absent or failing to vote under Sec- 18 tion 3(f) below indicating such fact. The Planning Board shall 19 keep records of its examinations and other official actions, all 20 of which shall be a public record and filed immediately in the 21 Office of the Director of Hearing Administration. 22 A quorum for the transaction of business shall be a majority 23 of the total membership of the Board, but no action to recommend 24 adoption of comprehensive plans or portion or portions thereof, 25 to recommend the amendment of the comprehensive zoning ordinance 26 as set out in Article XXX, "Amendments" of the Comprehensive Zoning 27 Ordinance, or to recommend approval of a site and development plan 28 shall be taken without the concurring votes of at least a majority 29 of the total membership of the Board. 30 e. Status of Alternate Members. In the temporary absence 31 or disability of a member or in an instance where a member is 32 otherwise disqualified to sit on a particular matter, the Chair- 33 man of the Planning Board, or the Vice -Chairman in his absence, 34 shall designate one or both alternate members to sit as Board 35 members to obtain a full membership of seven (7), or as nearly as -10- 1M473 44t4 • 1 possible a full membership. When so acting, alternate members 2 shall have full rights of participation and voting as for members; 3 their vote shall be deemed that of a member in reaching Board 4 decision on a matter. In instances where an alternate member is 5 not sitting as a member, he shall have the right to participate in 6 Board discussions and to ask questions, but he shall have no right 7 to vote or make motions. Where an alternate member has been duly 8 designated to sit as a member on a particular matter and considera- 9 tion of that matter has begun, the alternate shall continue to sit 10 as a Board member to disposition of the matter; and he shall not 11 be replaced should the member in whose stead he is sitting later 12 be present. 13 f. Disqunlification of Members or Alternates. If any member 14 of the Planning Board or any alternate member called to sit on in 15 a particular matter, shall find that his private or personal interests 16 are involved in the matter coming before the Board, he shall, prior 17 to the opening of the hearing on the matter, disqualify himself 18 from all participation of whatsoever nature in the cause; or he 19 may be disqualified by the votes of not less than a majority of 20 total membership of the Board, not including the member or alternate 21 member about whom the question of disqualification has been raised. 22 No member or alternate member of the Planning Board shall appear 23 before the City Commission, Planning Board, or Zoning Board as 24 agent or attorney for any other person. 25 ARTICLE III -- ZONING BOARD 26 Section 1. Establishment. There is hereby established a 27 board, to be known as the Zoning Board of the City of Miami, Florida. 28 The Zoning Board shall consist of seven (7) members and two (2) 29 alternate members, to be appointed in the manner hereinafter set 30 out in Article IV of this Chapter. 31 Section 2. Responsibilities of the Zoning Board: Generally. 32 The Zoning Board shall have the following primary areas of res- 33 ponsibility: 34 a. it shall serve as an instrument for the hearing of appli- 35 cations for the rezoning of specific properties, as set out in -11- 1M-4734424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Article XOC of the Comprehensive Zoning Ordinance of the City of Miami. When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commission. b. It shall serve as the quasi-judicial instrument for the hearing of appeals concerning interpretation or administra- tion of the Comprehensive Zoning Ordinance, for variance under the Comprehensive Zoning Ordinance, or for conditional use under the Comprehensive Zoning Ordinance. It shall perform these functions as set out in this Article and under the applicable laws and regu- lations of the State of Florida and the City of Miami. by c. It shall perform such other functions appropriate action of the City Commission. Section 3. Proceedings: Generally. a. Officers and Voting. The Zoning Board shall select a Chairman and a Vice -Chairman from among its members and may create and fill such other offices as it may determine. All members or an alternate member sitting in place of a member, shall be required to vote on matters before the Zoning Board, subject to the provisions of Section 3(f) below. The Secretary of the Zoning Board shall be the Director of the Department of Hearing Administration. b. Rules of Procedure. The Zoning Board shall establish rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of Florida Law, City Charter, and City ordinances and resolutions. Such rules of procedure shall be available in written form to per- sons appearing before the Zoning Board and to the public upon request. c. Meetings. The Zoning Board shall hold at least one regularly scheduled meeting each month, exceptee.month of August, on a day to be determined by the Board. Other regularly scheduled meetings may be set by the Board and additional meetings may be held at the call of the Chairman and at such other times as the Zoning Board may determine. Meetings that are not regularly -12- as may be given it 1M4734424 • • 1 scheduled shall not be held without at least five (5) days written 2 notice to each member and alternate member. The Zoning Board shall 3 have the power to take testimony under oath and to compel the 4 attendance of witnesses. 5 d. Quorum: Public Records. The Zoning Board shall keep 6 minutes of its proceedings, showing the vote of each member (in- 7 eluding the Chairman or Vice -Chairman) or alternate member (if 8 sitting for .a member), or if absent or failing to vote under 9 Section 3(f) below indicating such fact. The Zoning Board shall 10 keep records of its examinations and other official actions, all 11 of which shall be a public record and filed immediately in the 12 Office of the Director of Hearing Administration. 13 A quorum for the transaction of business shall consist of 14 four (4) members, a majority of the total membership, but no action 15 to reverse a decision of the Director of the Building Department or 16 his authorized assignee or to recommend the rezoning of property as 17 set out in Article XXX of the comprehensive zoning ordinance of 18 the City of Miami shall be taken without the concurring votes of 19 at least a majority of the total membership of the Board. 20 e. Status of Alternate Members. In the temporary absence 21 or disability of a member or in an instance where a member is 22 otherwise disqualified to sit on a particular matter, the Chairman 23 of the Zoning Board, or the Vice -Chairman in his absence, shall 24 designate one or both alternate members to sit as Board members to 25 obtain a full membership of seven (7), or zs nearly as possible a 26 full membership. When so acting, alternate members shall have full 27 rights of participation and voting as members; their vote shall be 28 deemed that of a member in reaching decision on a matter. In 29 instances where an alternate member is not sitting as a member, he 30 shall have the right to participate in Board discussions and to ask 31 questions, but he shall have no right to vote or make motions. Where 32 an alternate member has been duly designated to sit as a member on 33 a particular matter and consideration of that matter has begun, the 34 alternate shall continue to sit as a Board member to disposition 35 of the matter; and he shall not be replaced should the member in 3 6 whose stead he is sitting later be present. -13- 1M473-$4Y4 ] f. Disqualification of Members or Alternates. if any member 2 of the Zoning Board, or any alternate member called on to sit in 3 a particular case, 4 are involved shall find that his private or personal interests in the case coming before the Board, he shall, prior 5 to the opening of the hearing on the cause, 6 from all participation of whatsoever nature disqualify himself in the case; or he may 7 be disqualified by the votes of not less than a majority of the 8 total membership of the Board, not including the member or alternate 9 member about whom the question of disqualification has been raised. 10 No member or alternate member of the Zoning Board shall appear be- ll fore the City Commission, Zoning Board, or Planning Board as agent 12 or attorney for any other person. 13 Section 4. Hearings; Appeals; Notice: Generally. Appeals 14 to the Zoning Board concerning interpretation or administration of 15 the Comprehensive Zoning Ordinance, for variance under the Compre- 16 hensive Zoning Ordinance, or for conditional use under the Compre- 17 hensive Zoning Ordinance may be taken by petition to the Board by 18 any person aggrieved or by any officer, agency, or bureau of the 19 City affected by any decision, determination or requiremelt of the 20 Director of the Building Department or his authorized assignee. 21 Such petitions for appeals shall be taken within a reasonable time, 22 not to exceed sixty (60) days or such lesser period as may be pro- 23 vided by the rules of the Board, by filing with the Director of the 24 Building Department or his authorized assignee and with the Board 25 a notice of appeal specifying the grounds thereof. The Director 26 of the Building Department or his authorized assignee shall forth- 27 with transmit to the Zoning Board all papers constituting the record 28 upon which the action appealed from was taken. 29 The Zoning Board shall fix a reasonable time for the hearing 30 of the appeal, give public notice thereof as well as due notice to 31 the parties in interest, and decide the same within a reasonable 32 time. At the hearing, any party may appear in person or by agent 33 or attorney, subject to the provisions of Section 3 (f) above. 34 Section 5. Stay of Proceedings. An appeal stays all pro- 35 ceedings,in furtherance of the action appealed from, unless the • -14- 1M•4794424 f • 1 Director of the Building Department or his authorized assignee 2 from whom the appeal is taken certifies to the Zoning Board after 3 the notice of appeal is filed with himthat, by reasons of facts 4 stated in the certificate, a stay would, in his opinion, cause 5 imminent peril to life and property. In such case proceedings 6 shall not be stayed other than by a court of record on application, 7 on notice to the Director of the Building Department or his author- 8 ized assignee and on due cause shown. 9 Section 6. Powers and Duties: Generally. In accordance 10 with the general statement of Section 2(a) of this Article, the 11 Zoning Board shall have the power to hear applications for the re- 12 zoning of particular properties and to make recommendations thereon 13 to the City Commission, as set out in Article XXX of the Comprehen- 14 sive Zoning Ordinance. In furtherance of its quasi-judicial func- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 from the terms of the Comprehensive Zoning Ordinance of the City 32 as will not be contrary to the public interest where, owing to 33 special conditions, a literal enforcement of the provisions of 34 the Comprehensive Zoning Ordinance of the City would result in 35 unnecessary and undue hardship. -15- tions under Section 2(b) of this Article, the Zoning Board shall have the following powers and duties: a. Administrative Review. To hear and decide appeals where it is alleged that there is error in any order, requirement, deci- sion, or determination of the Director of the Building Department or his authorized assignee in the enforcement of the Comprehensive Zoning Ordinance of the City. b. Conditional Uses. To hear and decide such conditional uses as the Zoning Board is specifically authorized to pass on under the terms of the Comprehensive Zoning Ordinance of the City; to decide such questions as are involved in the determination of whether or not conditional uses should be granted; and to grant conditional uses with appropriate conditions and safeguards, or to deny conditional uses when not in harmony with the purpose and intent of the Comprehensive Zoning Ordinance of the City. c. Variances. To authorize upon appeal such variance 1M-4734424 f (NOTE: Section 6 above, and the three sections that follow (7, 8, and 9) deal with the necessary procedure and substantive findings in the handling of the quasi- judicial activities of the Zoning Board. The distinc- tions between quasi -legislative and quasi-judicial activity in zoning have always been blurred in past City of Miami activity, though the distinctions have been clear in most other areas of Florida and in Florida zoning law. There will be a very natural confusion arising from this material. For that reason, all of the material relating to variances and to con.:itional uses, and the proposals for their handling by the Zoning Board is included at this point. I emphasize that draft Section 7 on Variances ("variance" is defined in present Article XXXI of the Comprehensive Zoning Ordinance) and draft Section 8 on Conditional Uses will probably end up, if finally adopted, as substitutes for Articles XXXI, "Variances," and Article XXXII, "Conditional Uses," of the present Comprehensive Zoning Ordinance. But the material is included here in an effort to give the reader a bit clearer idea of how such matters would be handled under the draft. Note that the Zoning Board's responsibiliL., for hearing rezoning applications for specific properti;.is NOT included at this point. That material will be found in the separate draft proposal for the rewrite of Article XXX, "Amendments," of the Comprehensive Zoning Ordinance. 1 Section 7. Variances: Powers; Conditions Governing Petitions; 2 Limitations. A variance from the terms of the Comprehensive Zoning 3 Ordinance shall not be granted by the Zoning Board unless and until: 4 a. Written Petition. A written and notarized petition for 5 a w:riance is submitted demonstrating that: 6 (1) Special conditions and circumstances exist which 7 are peculiar to the land, structure, or building involved 8 and which are not applicable to other lands, structures, 9 or buildings in the same zoning district; 10 (2) The special conditions and circumstances do 11 not result from the actions of the applicant; 12 (3) Literal interpretation of the provisions of 13 these zoning regulations would deprive the applicant of 14 rights commonly enjoyed by other properties in the same 15 zoning district under the terms of these zoning regula- 16 tions and would work unnecessary and undue hardship on 17 the applicant; 18 (4) Granting the variance requested will not 19 confer on the applicant any special privilege that is -16- • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 with a daily circulation of at least thousand in the 22 City at least one time ten (10) days prior to the hearing. Notice 23 shall be given by mail to all property owners within 24 feet of the property lines of the property for which variance 25 is sought. For the purpose of this provision such owners shall 26 be deemed to be those appearing on the most 'recent property tax 27 rolls of the City. 28 c. Public Hearing. The public hearing shall be held by 29 the Zoning Board. 30 d. Findings. The Zoning Board shall make findings that 31 the requirements of Section 7(a) above have or have not been demon- 32 strated by the applicant for variance. 33 e. Conditions and Safeguards. In granting any variance, 34 the Zoning Board may prescribe appropriate conditions and safe- 35 guards in conformity with the Comprehensive Zoning Ordinance, -17- denied by these zoning regulations to other lands, build- ings, or structures in the same zoning district; (5) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure; (6) The grant of the variance will be in harmony with the general intent and purpose of those zoning regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Documents, reports, studies, exhibits, or other written or graphic materials, if any, to be used by petitioner in support of the peti- tion and in demonstration of any or all of the above requirements shall be submitted with the petition. b. Notice of Public Hearing. Notice of public hearing shall be given at least ten (10) days in advance of the public hearing. The owner of the property for which variance is sought, or his agent or attorney designated by him on his petition, shall be notified by certified mail. Notice of the public hearing shall be prominently posted on the property for which variance is sought. Notice of the public hearing shall be advertised in a newspaper 1M-473.34;4 1 including but not limited to, reasonable time limits within which 2 the action for which variance is required shall be begun or com- 3 plated, or both. Violation of such conditions and safeguards, 4 when made a part of the terms under which the variance is granted, 5 shall be deemed a violation of the Comprehensive Zoning Ordinance. 6 f. Limitations on Power to Grant Variances. Under no cir- 7 cumstances shall the Zoning Board grant a variance to permit a 8 use not permitted under the terms of the Comprehensive Zoning 9 Ordinance in the zoning district involved, or any use expressly 10 or by implication prohibited by the terms of the Comprehensive 11 Zoning Ordinance in the said zoning district. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) feet above grade. The preservation of rare, historic, 29 specimen, or valuable trees not having a trunk diameter 30 of six (6) inches may be considered in peculiar and 31 exceptional circumstances as a basis for relief. 32 (2) That the requested variance based on preserva- 33 tion of natural features will be granted only to regula- 34 tione for lot area, yards, required offstreet parking, 35 or open space standards and not for use, floor area -18- No non -conforming use of neighboring lands, structures, or buildings in the same zoning district, and no permitted use of lands, structures, or buildings in any other district shall be considered grounds for the granting of a variance. g. Special Authority to Grant Variance for Preservation of Natural Features. The preservation of trees and other natural features in the development of land is hereby declared to be in the public interest, and, if the required standards for such pre- servation are met, to justify the granting of variance for such preservation. To justify the granting of variance for preserva- tion of natural features, the petitioner must demonstrate: (1) That the tree or trees or other natural feature or features is in the buildable area and not in the yard areas required for development of the site; and that, in the case of a tree, such tree has a trunk diameter of six (6) inches or more when measured three ] M•473442• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ratio, percent of lot coverage. minimum floor area, or height. (3) That the petitioner has submitted a written statement setting out the reasons for the hardship, providing evidence demonstrating that the trees or other natural features cannot be relocated; a site plan prepared by a registered surveyor indicating the existing natural features by exact size, common and botanical name and location, and the location of all proposed improvements, including property and setback lines; that such site plan is drawn to a scale of not less than one inch equals sixteen (16) feet and sub- mitted in four (4) copies; and that a plant list with an identifying number assigned in the legend to each tree is provided. The procedure and findings necessary to secure a variance under this subsection shall be as for variances generally; provided that in making the findings required by Section 7(d) above the Board shall not be bound by the requirement of Section 7(a)(3). Section 8. Conditional Use: Defined. A conditional use is a use that would not be appropriate generally or without restriction throughout a zoning district or classification but which, if con- trolled as to number, area, location, or relation to the neighbor- hood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning district or classification as conditional uses if specific provision for such conditional uses is made in the Comprehensive Zoning Ordinance. Section 9. Conditional Uses: Duties of Zoning Board in Passing On; Conditions Governing Petitions; Procedures; Findings. A conditional use shall not be granted by the Zoning Board unless and until: a. Written Petition. A notarized written petition for the conditional use is submitted indicating the section of the Compre- hensive Zoning Ordinance under which the conditional use is -19- 1M4734424 1 sought and stating the grounds on which it is requested, with 2 particular reference to the types of findings which the Zoning 3 Board must make under Section 9(d) below. The petition should 4 include material necessary to demonstrate that the grant of 5 conditional use will be in harmony with the general intent and 6 purpose of the Comprehensive Zoning Ordinance,. will not be injuri- 7 ous to the neighborhood or to adjoining properties, or otherwise 8 detrimental to the public welfare. Such material may include, 9 but is not limited to, the following where applicable: (1) site 10 plans at an appropriate scale showing proposed placement of 11 structures on the property; provisions for ingress and egress, 12 offstreet parking and offstreet loading areas, refuse and service 13 areas; and required yards and other open spaces; (2) plans showing 14 proposed locations for utilities hook-up; (3) plans for screening 15 and buffering with reference as to type, dimensions, and character; 16 (4) proposed landscaping and provisions for protection of trees 17 and (5) proposed signs and lighting, including type, dimensions, 18 and character. Where the Comprehensive Zoning Ordinance sets out 19 additional requirements for specific conditional uses, the petition 20 should demonstrate that such additional requirements are met. 21 Documents, reports, studies, exhibits, or other written or graphic 22 materials, if any, to be used by petitioner in support of the peti- 23 tion shall be submitted with the petition. (NOTE: Group C of the Citizens' Committee has suggested that the petitioner be required to furnish a certified list in duplicate of all owners of property located within 375 feet radius of boundaries of the area which is the subject of the petition. This would, of course, require that the distance figure, left blank in Section 8(b) below, would be inserted at 375 feet. The issue is a policy one. The consultant references it, rather the-. making it a part of the draft, because of the great burden that would be imposed at the large distance fig- ure. Regardless of the fact that the petitioner would have to furnish it, the City would still have to check it, or run the risk in potential litigation of having accepted for hearing purposes a list that might not be accurate.) 24 b. Notice of Public Hearing. Notice of public hearing 25 shall be given at least ten (10) days in advance of the public .26 hearing. The owner of the property for which conditional use 27 is sought or his agent or attorney designated by him on his -20- 1M4734414 • • 1 petition shall be notified by certified mail. Notice of the public 2 hearing shall be prominently posted on the property for which con- 3 ditional use is sought. Notice of the public hearing shall be 4 advertised in a newspaper with a daily circulation of at least 5 thousand in the City at least one time at least ten 6 (10) days prior to the public hearing. Notice shall be given by 7 mail to all owners of property within feet of the 8 boundary lines of the property for which conditional use is re- 9 quested. For purposes of this provision, owners of adjacent or 10 nearby properties within the distance set out shall be deemed 11 those whose names appear on the latest available tax rolls of 12 the City. 13 c. Public Hearing. The public hearing shall be held by 14 the Zoning Board. 15 d. Findings. Before any conditional use shall issue, 16 the Zoning Board shall make a written finding that it is empowered 17 under the section of the Comprehensive Zoning Ordinance described 18 in the petition to grant the conditional use and that the grant- 19 ing of the conditional use will not adversely affect the public 20 interest. Before any conditional use shall issue, the Board shall 21 further make written findings certifying that the additions.]. 22 specific requirements governing the individual conditional use, 23 if any, have been met by the petitioner and that, further, satis- 24 factory provision and arrangement has been made concerning the 25 following matters, where applicable: 26 (1) Ingress and egress to property and proposed 27 structures thereon with particular reference to auto- 28 motive and pedestrian safety and convenience, traffic 29 flow and control, and access in case of fire or catas- 30 trophe; 31 (2) Off-street parking and loading areas, where 32 required, with particular attention to the items in (1) 33 above and the economic, •no i,•s e , g ,l a r..e , or odor 34 effects of the conditional use on adjoining properties 35 and properties generally in the district; -21- 1M4734424 1 (3) Refuse and service areas, with particular 2 reference to the items in (1) and (2) above; 3 (4) Utilities, with reference to locations, availa- 4 bility, and compatibility; 5 (5) Screening and buffering with reference to 6 type, dimensions, and character; 7 (6) Signs, if any, and proposed exterior lighting 8 with reference to glare, traffic safety, economic effects, 9 and compatibility and harmony with properties in the 10 district; 11 (7) Required yards and other open space; 12 (8) General compatibility and esthetic compatibility 13 with adjacent properties and other property in the dis- 14 trict; 15 (9) Any special requirements set out in the Com- 16 prehensive Zoning Ordinance for the particular conditional 17 use involved. 18 e. Conditions and Safeguards. In granting any conditional 19 uses, the Zoning Board may prescribe appropriate conditions and 20 safeguards in conformity with the Comprehensive Zoning Ordinance. 21 Violation of such conditions and safeguards, when made a part of 22 the terms under which the conditional use is granted, shall be 23 deemed a violation of the Comprehensive Zoning Ordinance. 24 Failure to apply fcr a building permit within six (6) 25 months of the date of the grant of conditional use and to begin 26 construction thereunder shall invalidate the grant of special ex- 27 caption, unless an extension be granted by the Zoning Board on 28 due cause shown. 29 f. Denial. If the Zoning Board shall deny a conditional 30 use, it shall state fully in its records its reasons for doing so. 31 Such reasons shall take into account the factors stated in 32 subsection (d) above, or such of them as may be applicable to 33 the action of denial, and the particular regulations relating 34 to the specific conditional use requested, if any. -22- 1, 4134424 (NOTE: Group C of the Citizens' Committee has recom- mended an addition of a restriction at this point which limits the right of petitioner to repetition for a con- ditional use if his first petition is denied. The sug- gestion is a one year period unless the Zoning Board, in the act of denial, were expressly to give specific reasons for permitting reapplication in a lesser period of time. Again, this suggestion is referenced rather than placed in the draft. Such a provision would work in a situation where there was only one conditional use in a given zoning district. Suppose there are two or more. Does this mean that the petitioner could not petition for another conditional use? Probably so. In any event, it would appear that making the limitation dependent on Board action at time of denial could not take account of changes in circumstances occuring after the date of denial. If the provision is adopted, then the language must include a different type of escape clause. The consultant knows of no existing ordinance which has this type of restriction on conditional uses, but that is not to say that it should not be tried. As an added thought. If it is to be applied to con- ditional uses, should it also not be applied to variance denials?) 1 Section 10. Zoning Board Has Powers of Director of Building 2 Department or His Authorized Assignee; Reversing Decision of 3 Director of Building Department•or His Authorized Assignee. In 4 exercising the powers of Section 2 and 4-9 above, the Zoning Board, 5 may, so long as such action is in conformity with the terms of the 6 Comprehensive Zoning Ordinance, reverse or affirm, wholly or partly, 7 or may modify the order, requirement, decision, or determination 8 appealed from and may make such order, requirement, decision, or 9 determination as ought to be made, and to that end shall have the 10 powers of the Director of the Building Department or his authorized 11 assignee from whom the appeal is taken. 12 In matters of review, the concurring votes of at least a 13 majority of the total membership of the Zoning Board shall be 14 necessary to reverse any order, requirement, decision, or deter- 15 urination of the Director of the Building Department or his author- 16 ized assignee, or to decide in favor of the applicant on any matter 17 upon which the Board is required to pass under Sections 2 and 4-9 18 above. 19 Section 16. Appeals From Decisions of Zoning Board Under 20 Sections 2 and 4-10 Above. Decisions of the Zoning Board under 21 Sections 2 and 4-10 above shall be deemed final unless a request -23- 4i • 1 is filed with the City Commission by the petitioner or by any 2 person or persons, jointly or severally, aggrieved by any decision 3 of the Zoning Board, or by any officer, department, board, com- 4 mission, or bureau of the City within fifteen (15) days from the 5 date of such Board decision requesting the City Commission to 6 review such decision. The Secretary of the Zoning Board shall 7 certify such request for review to the City Commission through 8 regular channels. The City Commission shall consider such request 9 as a part of a previously prepared agenda for a regularly scheduled 10 City Commission meeting, and no formal public notice shall be re- 11 quired for Commission consideration on any such request for review. 12 Any person or persons, jointly or severally, aggrieved by 13 any action of the City Commission affirming, modifying, or revers- 14 ing a decision of the Zoning Board, or any officer, department, 15 board, commission, or bureau of the City may seek recourse to the 16 courts as provided by the laws of Florida. 17 ARTICLE IV -- APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF PLANNING BOARD AND ZONING BOARD 18 19 20 21 22 23 act in the public interest, and representing insofar as may be 24 possible, the various social, demographic, and economic elements 25 of the City. To that end, the following procedures set out in this 26 Article shall be followed in the.making of appointments as members 27 or alternate members of the Planning Board and of the Zoning Board. 28 Section 2. Size of Boards and Terms of Office. The 29 Planning Board and the Zoning Board shall each consist of seven 30 (7) members and two (2) alternate members to be appointed by the 31 City Commission in the manner and under the standards hereinafter 32 set out. Each member and alternate member shall be appointed for 33 a term of three (3) years; provided, that of the members of each 34 board first appointed under this Article, three (3) shall be 35 appointed for a term of three (3) years each, two (2) shall be -24- Section 1. Intent. It is intended that members and alter- nate members of the Planning Board and of the Zoning Board estab- lished by this Chapter shall be persons of knowledge, experience, mature judgement, and background, having ability and desire to 1M-4734424 • 1 appointed for terms of two (2) years each, and two (2) shall be 2 appointed for terms of one year each, except as set out in Section 3 10 below; and provided further, that of the alternate members of 4 each board first appointed under this Article, one shall be ap- 5 pointed for a term of three (3) years and one shall be appointed 6 for a term of two (2) years, except as set out in Section 10 7 below. (LUTE: At this point, a majority of the members of Group B of the Citizens' Committee considering the consultant's draft of this implementing ordinance desired the establishment of a "nominating" or "screening" committee. The purpose of such a mechan- ismwould be to present names of prospective members and alternates for both the Planning Board and the Zoning Board to the City Commission, with the City Commission limited in making the appointments from the names submitted by this screening mechanism. There is some precedent for this approach in Missouri in the appointment of state judges. The consultant is not aware that it has been attempted elsewhere in connection with the appointment of municipal planning or zoning boards. Group B made several suggestions as to how such a "screening" committee might be constituted. One such suggestion was that three members would be chosen by the South Florida Planning and Zoning Association and three by the City Commission, with those six choosing an additional three persons --a total of nine. Upon the question being raised in discussion about the delegation of legislative power to the SFPZA (which is essentially a private and not a governmental association), there was no resolution as to how such a screening device might be constituted. Indeed, the problem was left to the consultant for an attempt at drafting language incorporating such a principle. To say that the chore of drafting language to implement such a committee is enormously difficult is putting it mildly. A minority of Group B believes that such a committee is undcly clumsy and time-consuming. It is fair to say that the entire committee is about evenly balanced on the wisdom and utility of the approach. It is important to note, however, that there is unanimous agreement on the imperative necessity of insuring, to the fullest extent possible, that competent and con- - scientious persons able to represent the public interest should be members or alternate members of the Planning Board and of the Zoning Board. Your consultant has been left, therefore, with little choice other than to present alternative language on the approach to the naming of members and alternates for the Planning Board and the Zoning Board. The alternative language which follows indicates, hopefully, the positions of the two approaches. -25- The procedure for a "nominating" committee would, if adopted, be used for both boards. There is no magic in the number, seven, which is used for the nominating committee. Alternate 2, of course, represents the traditional approach to the naming of board members and alternates, but it should be noted that an effort is made to emphasize the qualifications of those appointed. 1 Alternative Draft No. 1 2 Section 3. Nominatinq Committee Appointment. The City 3 Commission shall by resolution appoint seven (7) electors of the 4 City of Miami to a nominating committee. The City Commision, in 5 its resolution, shall determine whether the persons so chosen to 6 the nominating committee shall serve in connection with the making 7 of nominations for a particular board vacancy or vancies or shall 8 serve generally for a period of time and to a date certain. 9 In naming persons to the nominating committee, the City 10 Commission shall take care to appoint persons of reputation for 11 integrity and with knowledge of the City and its planning require- 12 ments. No person shall be appointed to the nominating committee 13 who has, within the five (5) years precedent to appoint (1) been 14 a candidate for any elective office in any governmental jurisdic- 15 tion in Bade County, or (2) been a candidate for any elective 16 position in any political party organization recognized by Florida 17 Law, or (3) served in any official appointive capacity in any 18 political party organization recognized by Florida Law, or (4) 19 been the treasurer of record for any candidate for governmental 20 office in Dade County or any candidate for political party office, 21 or (5) been a full-time employee or officer of any governmental 22 jurisdiction in Dade County. 23 Section 4. Nominatinq Committee: Duty. It shall be the 24 duty of the nominating committee to present to the City Commission 25 nominations of persons for appointment as members or alternate 26 members of the Planning Board and of the Zoning Board as set out 27 herein. The list of nominees for board vacancies as members or 28 alternates shall be three (3) times the number of vacancies to 29 be filled. When a vacancy or vacancies shall exist on both the -26- • 1 Planning board and the Zoning Board, the nominating committee 2 shall prepare separate nominations for each board. 3 Section 5. Nominating Committee: Procedures. Upon evi- 4 dence of a vacancy or vacancies and upon the existence of a nomi- 5 nating committee, as set out in Section 3 above, the nominating 6 committee shall cause to have published in a daily newspaper of 7 8 9 10 11 12 13 14 duties and responsibilities of the vacancy or vacancies to be 15 filled and the qualifications necessary for consideration. The 16 notice shall state a date beyond which further such suggestions 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 at least thousand circulation in the City of Miami a notice that the vacancy or vacancies exist and soliciting and encouraging submission of names for possible nominees from individ- uals and groups. The notice shall state that all such suggestions shall be in writing with biographical data included and shall state the address to which such materials shall be submitted. In its notice, the nominating committee shall indicate generally the will not be received, which date shall not be less than ten (10) nor more than twenty (20) days beyond the date of publication of the notice. The nominating committee shall endeavor to see that the communications media are generally aware of the existence of the vacancy or vacancies and encourage wide dissemination of the information through the communications media. Within fifteen (15) days after the closing date set in the notice required in the immediately preceding paragraph, the nomi- nating committee shall submit to the City Commission its list of nominees as required by Section 4 above. A short statement summar- izing the qualifications of each nominee shall be transmitted to the City Commission with the list of nominees. In preparing its list of nominees, the nominating committee shall act by not less than a majority vote of the total committee membership. The committee shall set out its own rules of procedure and organization in accord with applicable City ordinances and Florida -Law for the conduct of its business for screening the suggestions made, and for its actions taken. Section 6. Nominating Committee: Standards. In reaching -27- 1M4734424 1 conclusion on the names to be submitted to the City Commission in 2 nomination for a vacancy or vacancies on the Planning Board and on 3 the Zoning Board, the nominating committee shall give due regard 4 to representation on the boards of geographical areas and sections 5 of the City and to social, economic, and demographic characteristics 6 of the City; qualifications, background, experience, and abilities 7 of potential appointees to fulfill the duties and responsibilities 8 of board membership or alternate membership; prior demonstration 9 of potential nominees of interest in and concern for planning and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 planning implementation as may be evidenced by previous attendance at planning and land use control seminars, membership in organiza- tions having the primary aim of the furtherance of dissemination of knowledge of and support of sound planning and implementation programs, or other activity evidencing knowledge and interest in the public purposes of planning and plan implementation; potential conflicts of interest; demonstrated maturity and objectivity of judgement; and needs for expertise, if any, in the membership and alternate membership of the boards. Nominees shall be persons in a position to represent the public interest, and no person shall be nominated having personal or private interests likely to conflict with the public interest. No person shall be nominated by the nominating committee who has any interest in the profits or emoluments of any contract, job, work, or service for the City. No person shall be nominated who holds any elective office or is employed in a full-time capacity by any governmental authority in the City of Miami or Dade County. Persons nominated shall be (1) electors of the City, or (2) shall have their primary occupational location within the City, or (3) owners of real property within the City. Before any person shall be nominated by the nominating committee, the nominating committee shall cause to have such person agree in writing that he meets and will meet the require- ments of Section 8 below, "Requirements of Board Membership." Section 7. Action of City Commission on Nominating Committee's List. Upon receipt of the list of nominees to a -28- IM-4784424 or 1 vacancy or vacancies on the Planning Board or the Zoning Board, 2 the City Commission shall make its appointment or appointments 3 from such list; provided, the City Commission may appoint an 4 alternate member of a board to a vacancy as a full member of a 5 board without resort to the nominating committee. 6 In the event the City Commission cannot reach decision on 7 the appointment of any person from the list as submitted, the 8 City Commission may by resolution taken by at least a majority ' 9 vote of the total membership of the Commission reject the list 10 as submitted and require the nominating committee to submit a new 11 list in the same manner as the original list; provided, no name 12 on the list which has been rejected by the City Commission may be 13 resubmitted under such circumstances. 14 Section 8. Requirements of Board Membership. In addition 15 to the applicable provisions of Section 6 above, no member or 16 alternate member of the Planning Board or of the Zoning Board 17 shall be confirmed in his appointment until he shall sign a state- 18 ment agreeing to participate in at least one seminar on planning 19 to be held in Florida, and approved by the City, during the course 20 of each year he shall remain a member or an alternate member of 21 the Planning Board or of the Zoning Board, and failure to meet 22 this requirement each and every year after assuming board member- 23• ship or alternate membership may .Je deemed grounds for removal by 24 the city Commission under Section 11 below. 25 In making nominations to board membership or alternate 26 membership the nominating committee shall determine and in making 27 any appointment the City Commission shall determine that the 28 person so nominated and appointed satisfies the requirements of 29 Section 2-101 through 2-108, "Conflicts of Interest," Code of 30 Miami; and no person shall be confirmed in appointment who has not 31 filed the statement required by Section 2-105, Code of Miami. In 32 addition, the Code of Ethics of Metropolitan Dade County shall apply 33 to members and alternate members of the Planning Board and of 34 the Zoning Board and such Code is adopted by reference and made a 35 part of this Article for this purpose. -29- 1M-4734424 • (NOTE: The Citizens' Committee has recommended that the Dade County Code of Ethics should be applicable. The consultant did not have the legal reference to this Code availab l e at the time of drafting; he is not familiar with the details of its provisions --particularly any procedural requirements it may contain. The last sentence above will obviously require redrafting if it should be decided to make the Dade County Code applicable in this situation.) 1 Section 9. Reappointment. A member or alternate member 2 of the Planning Board of of the Zoning Board may be reappointed 3 for not more than one additional consecutive three (3) year term, 4 in the manner herein set out; but this provision shall not be 5 applicable to those members or alternate members appointed to 6 fill an unexpired term under Section 10 below or to those mem- 7 bers or alternate members appointed for one or two (2) year terms 8 under Section 2 above, and that such persons may serve two (2) 9 consecutive full three (3) year terms. 10 Section 10. Vacancies. Vacancies in the membership or 11 alternate membership of the Planning Board of of the Zoning Board 12 shall be filled by the City Commission by appointment in the man- 13 ner herein set out and for the unexpired term of the member or 14 alternate member affected; provided, the City Commission may 15 appoint an alternate member of a board to a vacancy as full.member 16 of a board without resort to the nominating committee. 17 It shall be the d•ity of the Chairman of the Planning Board 18 or the Chairman of the Zoning Board, as the case may be, to 19 notify the City Clerk within ten (10) days after a vacancy occurs, 20 and the City Clerk shall promptly transmit such information to 21 the city Commission for appropriate Commission action as set out 22 herein. 23 24 25 26 27 28 Section 11. Removal: Members and alternate members of the Planning Board and members and alternate members of the Zoning Board may be removed for cause by the City Commission upon the votes of not less than three (3) members of the Commission, upon written charges and public hearing, if the member or alternate member affected requests such public hearing. -30- 1 Section 12. Compensation. (Here use the language found 2 in Section 8 of Alternate Draft No. 2 below.) 3 Alternate Draft No. 2 4 (NOTE: Remember that Sections 1 and 2 of Article IV will be the same under either alternate.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 3. Appointment. No appointment shall be made by the City Commission to membership or alternate membership on the Planning Board or on the Zoning Board until the Commission shall, at least thirty (30) days prior to the making of an ap- pointment, have solicited and encouraged the public and profession- al or citizen organizations within the City having interest in and knowledge of the planning and plan implementation process to sub- mit names of persons and their qualifications for consideration as prospective appointees or alternates of the boards. At least five (5) days prior to the making of any appointment, the City Commission shall cause to have available to the public, and shall publicly make announcement of the fact, that the list of names thus submitted, together with a short statement of the qualifica- tions of each person, is prepared and available for public inspec- tion and consideration. In reaching decision on appointment, the City Commission shall give due consideration to the names thus submitted. In addition, the City Commission shall, at least five (5) days prior to the making of any appointment, cause to have available to the public, and shall publicly make announcement of the fact, that the names of prospective nominees submitted by individual City Commissioners and a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership or alternate membership on the Planning Board or on the Zoning Board whose name and qualifications have not been made publicly available in the manner set out. Section 4. Standards and Qualifications. In reaching de- cision on appointment to a vacancy or vacancies on the Planning Board or on the Zoning Board, the City Commission shall give due -31- 1M-4734424 i • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 position to represent the public interest, and no person shall be 18 appointed having personal or private interests likely to conflict 19 with the public interest. 20 No person shall be appointed who has any interest in the 21 22 23 24 25 26 27 28 29 30 31 32 33 regard to and be guided by the necessity for, of representation on the boards of geographical sections and areas of the City and to social, economic, and demographic characteristics of the City, qualifications, background, experience, and abilities of appointees to fulfill the duties and responsibilities of board membership or alternate membership; prior demonstration by appoint- ees of interest in and concern for planning and planning imple- mentation as may be evidenced by previous attendance at planning and land use control seminars, membership in organizations having the primary aim of the furtherance of dissemination of knowledge of and support of sound planning and implementation programs, or other activity evidencing knowledge and interest in the public purposes of planning and plan implementation; potential conflicts of interest; demonstrated maturity and objectivity of judgment; and needs for expertise, if any, in the membership and alternate membership of the boards. Appointees shall be persons in a profits or emoluments of any contract, job, work, or service for the City. No person shall be appointed who holds any elective office or is employed in a full-time capacity by any governmental authority in Dade County or the City of Miami. Before making any appointment the City Commission shall determine that the person so appointed satisfies the requirements of Section 2-101 through 2-108, "Conflict of Interest," Code of Miami; and no person shall be confirmed in appointment who has not filed the statement required by Section 2-105, Code of Miami. In addition, the Code of Ethics of Metropolitan Dade County shall apply to members and alternate members of the Planning Board and of the Zoning Board and such Code is adopted by reference and made a part of this Article for this purpose. (NOTE: The comment made following Section 8 of Alternate Draft No. 1 applies here so far as the last sentence of the paragraph above is concerned.) -32- 1M-4734424 • 1 Persons appointed shall be (1) electorsofthe City, or 2 (2) shall have their primary occupational location within the 3 City, or (3) be owners of real property within the City. 4 No member or alternate member of the Planning Board or of 5 the Zoning Board shall be confirmed in his appointment until he 6 shall sign a statement agreeing to participate in at least one 7 seminar on planning to be held in Florida, and approved by the 8 City, during the course of each year he shall remain'a member or 9 an alternate member of the Planning Board or of the Zoning Board, 10 and failure to meet this requirement each and every year after 11 assuming board membership or alternate membership may be deemed 12 grounds for removal under Section 7 below. 13 Section 5. Reappointment. A member or alternate member 14 of the Planning Board or of the Zoning Board may be reappointed 15 for not more than one additional consecutive three (3) year 16 term, in the manner herein set out; but this provision shall not 17 be applicable to those members or alternate members appointed to 18 fill an unexpired term under Section 6 below or to those members 19 or alternate members appointed for one or two (2) year terms under 20 Section 2 above, and that such persons may serve two (2) consecutive 21 full three (3) year terms. 22 Section 6. Vacancies. Vacancies in the membership or 23 alternate membership of the Planning Board or of the Zoning Board 24 shall be filled by the City Commission by appointment in the man- 25 ner herein set out and for the unexpired term of the member or 26 alternate member affected; provided, the City Commission may 27 appoint an alternate member of a board to a vacancy as full member 28 of the board without resort to the procedural requirements of 29 Section 3 above. 30 It shall be the duty of the ihairman of the Planning Board 31 or the Chairman of the Zoning Boa-..1, as the case may be, to notify 32 the City Clerk within ten (10) days after a vacancy occurs, and 33 the City Clerk shall promptly transmit such information to the 34 City Commission for appropriate Commission action as set out 35 herein. -33- 1M4734414 • 1 Section 7. Removal. Members and alternate members of the 2 Plannii Board and of the Zoning Board may be removed for cause by 3 the City Commission upon the votes of not less than three (3) 4 members of the Commission, upon written charges and public hear- 5 ing, if the member or alternate member affected requests such 6 public hearing. 7 Section 8. Compensation. Members and alternate members 8 of the Planning Board and of the Zoning Board shall receive a 9 remuneration of per month; provided, that 10 shall be subtracted from such sum for each official meeting at 11 which the member or alternate is not in attendance except for duly 12 certified medical reasons. The City Commission shall make provision 13 for the payment of actual and necessary expenses, in accord with 14 City Policy, for the attendance of each member and alternate mem- 15 ber of the boards at one City authorized planning seminar or con- 16 ference each year to be held in the State of Florida. 17 (NOTE: This ends the Alternate Draft materials for Article Iv.) 18 19 ARTICLE V -- DEPARTMENT OF HEARING ADMINISTRATION 20 21 22 23 24 25 26 27 28 Section 1. Establishment and Function: Generally. There 29 is hereby established a Department of Hearing Administration, 30 which shall have the function of providing administratative 31 assistance, as set out herein and in applicable City Ordinance 32 and regulations, to the Zoning Board and to the Planning Board. 33 Section 2. Appointment of Director; Qualifications; Salary. 34 The Department of Hearing Administration shall be headed by a 35 Director who shall be appointed by the City Manager. The appointee (NOTE: This material would properly fall in Chapter II of the Miami City Code, but it is included here so that the reader will have a complete picture of the proposed administration of the entire planning program. The office covered by this Article is not a policy -making one. In effect, the material which follows creates an office performing the same function that is now performed by the office of Mr. David Simpson. Because, under the Charter prior to its amendment in October, Mr. Simpson was the appointee of the Planning Board, some provision must now be made for the performance of the functions of his office. Under this proposal, the major work of the Simpson office remains, but the office is placed under the City Manager just as other departments of City government are.) -34- 1M473-$424 s' • 1 shall have experience, knowledge, and skill in urban planning and 2 land use control regulation. He shall not be a member or alternate 3 member of the Planning Board or the Zoning Board. His salary 4 shall be fixed as are the salaries of directors of City depart- 5 ments, and the City Commission shall make provision for such 6 other employees and financial assistance as may be necessary to 7 the efficient conduct of his office. 8 Section 3. Duties --Zoning Board. The Director of the 9 Department of Hearing Administration shall serve as Secretary and 10 General Administrative Officer of the Zoning Board. He shall be 11 responsible for the processing of applications and petitions for 12 public hearings, necessary notification for public hearings, and 13 scheduling of public hearings required to be held by the Zoning 14 Board. He shall attend all meetings of the Zoning Board and 15 shall furnish to members of the Zoning Board upon request informa- 16 tion and report necessary to the conduct of their business. He 17 shall provide secretarial assistance for the recording and trans- 18 cription of the minutes of the Zoning Board. He shall be respons- 19 ible for maintaining all records of the Zoning Board and all such 20 records shall be public records. 21 Section 4. Duties --Planning Board. The Director of the 22 Office of Hearing Administration shall be responsible for the 23 processing of all public hearings, including notification and 24 25 26 27 28 29 30 31 32 33 34 35 36 scheduling, required to be held by the Planning Board. He shall attend all public hearings of the Planning Board and shall furnish to the members of the Planning Board upon request information and report relative to the conduct of such Planning Board hearings. He shall provide secretarial assistance for the recording and transcription of the minutes of the public hearings required to be held by the Planning Board. He shall be responsible for main- taining the records of public hearings of the Planning Board and all such records shall be public records. Section 5. Tenure; Removal. The Director of the Office of Hearing Administration shall have tenure and be subject to removal in the same fashion as other directors of departments of City government. -35- 1M473 $424 • 1 Section 6. Assignment of Other Personnel to Aid Planning 2 Board and Zoning Board. The City Manager shall assign a member 3 of the Public Works, Planning, and Building Departments to attend 4 public meetings of the Planning Board and of the Zoning Board, 5 to advise the Planning Board and the Zoning Board when necessary, 6 and to furnish information, report, and recommendation upon 7 request of the boards. 8 The City Attorney shall assign a member of the City Law 9 Department to attend public meetings of the Planning Board and of 10 the Zoning Board, to advise the Planning Board and the Zoning 11 Board when necessary, and to furnish information, report, and 12 recommendation upon request of the boards.