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Home My WebLink AboutCC 1973-09-06 Minutes• CITY OF MIAM 11, 7 'I} 18 96 F SPECIAL COMMISSION MINUTES SEPTEMBER 6 - 1973 OF MEETING HELD ON PREPARED BY THE OFFICE OF THE CITY CLERK c I TY HALL ITEM tip, 1NCD( C[PISSIOit StRECT 1. CONDOLENCES TO CITY CLERK IN DEATH OF HIS SON. (CITY CLERK H.D. SOUTHERN) 2. BUDGET HEARINGS - FIXING DATES. 3. CONTINUATION OF PUBLIC HEARING AND WORKSHOP SESSION - PROPOSED NEW PLANNING AND ZONING PROCEDURES FOR THE'CITY OF MIAMI. IIIDSOLITT INANCE ON IoN PAGE NO, 1 1 1 MINUTES OF SPECIAL MEETING CITY COMMISSION OF MIAMI, FLORIDA SEPTEMBER 6, 1973 On the 6th day of September, 1973, the City Commission of Miami, Florida, met at its regular meeting place at City Hall in said city in special session called by the Mayor to consider business of public import. The meeting was called to order at 10:20 o'clock A.M. by Mayor David T. Kennedy with the following members of the Commission present: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Kennedy. Absent: None. An invocation was delivered by Reverend Theodore R. Gibson, and the Mayor led those present in a pledge of allegiance to the flag. CONDOLENCES TO CITY CLERK IN DEATH OF HIS SON: Reverend Gibson proposed that the following resolution be adopted, which was agreed to unanimously: A RESOLUTION EXPRESSING THE HEARTFELT SYMPATHY OF THE CITY COMMISSION TO MIAMI CITY CLERK H. D. SOUTHERN IN THE TRAGIC DEATH OF HIS SON, PAUL; AND EXTENDING CONDOLENCES TO THE MEMBERS OF THE FAMILY BUDGET HEARINGS - FIXING DATES: It was agreed. to hold public hearings on the proposed appropriation ordinance for the fiscal year beginning October 1, 1973 and ending September 30, 1974.on September 17, 1973 com- mencing at 1:00 o'clock P.M.; on September 18, 1973 commencing at 9:00 o'clock A.M., and again on September 19, 1973 commencing at 9:00 o'clock A.M. if necessary. CONTINUATION OF PUBLIC HEARING AND WORKSHOP SESSION PROPOSED NEW PLANNING AND ZONING PROCEDURES FOR THE CITY OF MIAMI: „ it pjj t r�� il'1[lr ilii1C' )' i 1C 1 "-till , . ��1'. Tj ('.III IE11' I 11 •'1 �i i� �,i Itt , I �ll' lllr• I1Wo:i to continue with a public hearing and workshop session on pro- posed new planning and zoning procedures for the City of Miami, consideration of which was deferred at the meeting of July 26, 1973. At the suggestion of the City Manager, it was agreed to confine this meeting to the'*workshop" aspects of the matter, and call a further public hearing at a later date to consider the suggestions of the general public. Dr. Ernest Bartley, the City's Planning and Zoning Consultant in this matter, appeared and submitted a revised draft of the proposed changes dated July 18, 1973, together with a proposed work program setting forth the policy matters to be determined by the City Commission at this meeting. 1 The Commission concurred in a provision contained in the proposed draft which would provide for the creation of a separate department of the City under the direction of the City Manager to be known as the Department of Administration for Planning and Zoning Boards; that Jaid department be operated on a self-sus- taining basis, with adequate fees to be established to accomplish such purpose, and that the Commissioners would be afforded ready access to the files of said department. The City Attorney a pressed the opinion that a provision in the proposed draft contained in lines 16 and 17 on page 13 establishing the Zoning Board as the instrument for hearing ap- peals concerning interpretation or administration of the Com- prehensive Zoning Ordinance was illegal because it would violate the provision of the City Charter which prohibits the City Commission from interfering with the administrative functions of the City. The Commission agreed to strike said provision from the proposed draft. With respect to paragraph (d) on page 14 of the proposed draft, it was agreed that a majority of the members of the Zoning Board (4 members) must vote favorably to approve an ap- plication for change in zoni:ig classification, conditional use, or variance; that a quorum would consist of at least five members of the board, and that an applicant would have the option of at least one deferral of his application if a full board of seven members were not present. The City Attorney expressed the opinion that the language, "action to reverse a decision of the Director of the Building Department" appearing on Line 28, Page 14 of the proposed draft was not necessary. The Commission approved the provisions contained in the proposed draft with respect to "written findings" of the Zoning Board in applications for variance or conditional use, as well as rezoning. The City Attorney stated that provision should be made in the proposed draft for "special exceptions" which were not based on a "legal hardship" as were variances and conditional uses, but on a necessity for some flexibility within a zoning area. Dr. Bartley expressed the opinion that such provision could be made at a later date and would not affect the draft presently under consideration, and the City Attorney. concurred. At the request of Mr. Plummer it was agreed that the grant- ing of extensions, as provided on line 10, Page 23 of the pro- posed draft, be subject to the ratification of the City Commis- sion, and that the time limit for filing such extension request be extended from two weeks to four weeks prior to the expiration date of the initial six months effective period. It was agreed (Mr. Plummer and Mayor Kennedy voting No) to accept the provision set forth in Section 5, page 27, of the proposed draft dealing with reappointment of members of the two proposed boards. 9-6-73 2 • • It was agreed that the salary of board members of both the proposed boards would be fixed at $100.00 per month, with a stipulation that if a member of either of the boards should be absent twice during a year, with the exception of illness, death in the family, or absence due to City of Miami business, such member would be removed from the board. It was stipulated that the absences referred to would apply to regularly scheduled meetings and not special meetings. It was also agreed to eliminate from the proposed draft any reference to deductions from salaries of board members due to absences from meetings. With respect to the provisions in the proposed draft deal- ing with types of notice, it was agreed that some provision be inserted to provide for criminal prosecution of anyone found guilty of removing any signs posted on property notifying that a hearing would be held with respect to said property, the only authorized removal of said signs being by City officials. It was further agreed to accept the regulations contained in the proposed draft with respect to types of notice. It was agreed to notify owners within 375 feet of the subject property in the provision for mail notice of hearings. It was agreed to adopt the provisions in the proposed draft with respect to optional notice and additional notice. With respect to page 34, Lines 25 through 28, it was agreed, after an opinion by the City Attorney to such effect, that the wording in paragraph e. of Section 2 be changed to conform with whatever the City Attorney states is mandatory on the part of the City, and that such change be made in any other portions of said proposed draft where the words "as agent or attorney for" appear, so that the phrase would read simply, "as attorney for". With respect to Lines 15 through 21, on Page 35 of the proposed draft, it was agreed to change the word "should" to "shall" on line 15, and to eliminate the last sentence of the paragraph beginning on line 12. It was further agreed to insert language in this paragraph which would require the City to submit at least 72 hours in advance of any public hearing any documents, reports, studies, exhibits, or other written or graphic materials to be used in its presentation at the public hearing. It was further agreed to accept the provisions contained in the proposed draft on page 41 beginning with line 25 and continuing through line 7 on page 42. It was further agreed to accept the provisions contained in Section 15, page 42, of the proposed draft. Mr. Plummer requested that at the end of one year from the inauguration of the proposed plan a complete review be done by Dr. Bartley for purposes of review, up -dating and adjust- ments to the proposed plan. 9-6- 73 3 Whereupon, on motion of Mrs. Gordon, seconded by Mr. Plummer, the Commission unanimously adopted in principle the proposed draft, as amended at this meeting, of the new plan. The City Attorney stated that this would require the adop- tion of several ordinances to implement the proposed draft, and that they would be presented to the Commission for adop- tion at its meeting of September 27, 1973. ADJOURNMENT: On motion duly made and seconded the meeting was adjourned at 1:30 o'clock P.M. DAVID T. KENNEDY MAYOR ATTEST: H. D. SOUTHERN CITY CLERK