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HomeMy WebLinkAboutPlanning, Zoning and Appeals BoardJanuary 1, 2018 Daniel J. Alfonso, City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 RE: 2017 Planning, Zoning and Appeals Board Annual Report Dear Mr. Alfonso: As chairperson of the Planning, Zoning and Appeals Board (PZAB), and pursuant to City Code Sec. 2-890 regarding the annual report requirement of City boards and committees, I am pleased to provide you this annual report by answering the following questions listed below. As you may know, the PZAB was created under Section 62-27 of the Miami City Code, Ordinance 13158, in May of 2010. The PZAB is an integral part of the total process of planning and zoning for the future development and growth of the City. The PZAB is to serve as an instrument of advice and recommendation to the City Commission in all phases and aspects of the comprehensive planning program. It shall also serve for the hearing of zoning applications for specific properties, as set out in Article 7 of the Miami 21 Code, the Zoning Ordinance of the City of Miami. The PZAB consists of twelve members, ten of whom are appointed by the City Commission, and one regular and one alternate member who are both appointed by the Mayor. In 2017, the PZAB usually met on the first and third Wednesday of every month, except for the month of September, when both meetings were cancelled due to Hurricane Irma, a special meeting was held on October 16, 2017. The month August, did not have any meetings scheduled. The meetings were held at Miami City Hall and usually began at 6:30 pm. At the end of 2017 the PZAB agreed to trial going paperless. Cumbersome agenda packets would no longer be produced by the City nor would they incur the expense of having them delivered to members in advance of the meeting. As chairperson I hope the board mares this permanent. Thousands of pages of paper would be saved. I thank Hearing Boards and IT for supporting this initiative. The PZAB was disappointed that the City dismissed our request to reinstate health care for the members. While I can understand the financial impacts it was most discouraging how the City treated and represented the item to the Commission. G�- Is the board serving the purpose for which it was created? Yes, the PZAB serves the purpose for which it was created by responding to the need of making determinations and recommendations on planning and zoning items due to changing conditions in the City. The PZAB generally acts under the applicable laws and regulations of the State of Florida and the City of Miami. Its purpose is generally: 1) To act as the local planning agency pursuant to section 163.3174, Florida Statutes; 2) To make recommendations to the City Commission concerning amendments to Miami 21 (Rezonings, Covenant Modifications, Special Area Plans and text) — the Miami Comprehensive Neighborhood Plan (Land Use Changes and text), text amendments to the Miami City Code, and vacation and closure of streets, alleys and easements; and 3) To make determinations on applications for Variances and Exceptions under the Miami 21 Code. The PZAB is also charged with hearing, de novo, and making a ruling on an appeal of: (a) An administrative determination by the Planning Director; (b) The decision of the Zoning Administrator regarding a Waiver; (c) The decision of the Planning Director regarding a Warrant; (d) A zoning interpretation by the Zoning Administrator; and (e) The decision of the Zoning Administrator regarding zoning approval. In performing its appeal authority, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial procedures as set out in Miami 21 and under applicable state law. is the board serving current community needs? Yes, PZAB is serving current community needs by being responsive to amending planning and zoning items due to changing conditions in the City of Miami. In order to better serve community needs, the PZAB encourages the City to leverage technology to enhance the delivery of PZAB materials, perhaps through e -readers or tablets, such as iPads. What are the board's major accomplishments? In 2017, the PZAB held 21 regularly -scheduled meetings; three of which had no quorum. In addition, three special meetings were held. A total of 132 items were heard. The PZAB also held one workshop on Sunshine Laws and Procedures. The PZAB works closely with the community, encouraging participation at its hearings with developers and constituents when conflicts arise and offers staff support. The PZAB is highly respected by the community, experts and various department personnel, who work in conjunction with it. Is there any other board either public or private, which would better serve the function of the board? The functions of the PZAB are unique. No other board, whether public or private, would better serve the function of the PZAB. Commissioner appointees are electors of the City and knowledgeable of the Board's needs, serving as intermediates and facilitators between groups in order to achieve harmony and optimum results. The PZAB looks at each application individually and judges it by its merits. It is believed that no two cases are the same, although some situations may resemble. Members of the PZAB are provided each agenda item in order to thoroughly study it in advance, taking into consideration—amongst other things ----the following at the time of the hearing: I ) The merits of the application; 2) Whether the application is properly in front of them; 3) Whether the petition would be beneficial to the neighborhood and the City of Miami; 4) Whether the immediate neighbors are present and taking part in the process; 5) Whether the immediate neighbors are in support or in opposition of the petition; 6) Whether there are any code violations; 7) That each applicant be afforded the same opportunities presenting an application to the PZAB. The foregoing is part of the consideration given to each application and assures all individuals the same rights, no matter where in the City said construction or development is being proposed. The manner in which the PZAB has been created makes it possible to rule in fairness for or against an application when there is both opposition and support in a neighborhood. The work the PZAB conducts is distinctive and a valuable resource for the City of Miami and its constituents. Should the ordinance creating the board be amended to better enable the board to serge the purpose for which it was created? (v Should the board's membership requirements be modified? No, it is intended that members and alternate members of the board be persons of knowledge, experience, mature judgment, having ability and desire to act in the public interest; and representing, insofar as may be possible, the various special professional training, experience, and interests required to make informed and equitable decisions concerning preservation and appropriate development of the physical environment. To that end, qualifications of members and the alternate member shall be from the electorate of the City of Miami with demonstrated knowledge and interest in the appropriate growth and development of the City. 3 Should you need further information, please contact me through the Planning Department, Hearing Boards Division at (305) 416-2030. Sincerely, Charles Garava9 lia Chairperson Respectfully submitted this /0 day of January 2018.