HomeMy WebLinkAbout2006-3537 Ordinance
ORDINANCE NO. 2006-3537
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," BY AMENDING SECTION 118-168, "PROPOSED LAND
DEVELOPMENT REGULATION AMENDMENTS; APPLICATION OF
EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS;" AND SECTION
118-169, "PROPOSED COMPREHENSIVE PLAN AMENDMENTS;
APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS,"
BY EXTENDING THE TIME BETWEEN THE FAVORABLE
RECOMMENDATION BY THE PLANNING BOARD WITH RESPECT TO ANY
LAND DEVELOPMENT REGULATION AMENDMENT AND THE ADOPTION
BY THE CITY COMMISSION. PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, zoning-in-progress applies for 90 days from the time a favorable
recommendation is made by the Planning Board with respect to any land development
regulation amendment to adoption by the City Commission; and
l .
WHEREAS, due to the change in the City Commission meeting schedule, and required
public notice it is possible that zoning-in-progress may be lost from the time the Planning Board
makes a recommendation and the scheduling of the proposed amendment for City Commission
action; and
WHEREAS, some proposed land development amendments or comprehensive plan
amendment may be adopted with only two readings of the title and one public hearing, but
others require two public hearings where different required public notice is necessary; and
WHEREAS, the time period between a favorable recommendation from the Planning
Board to the adoption by the City Commission should be amended from the current 90 days;
and
WHEREAS, the proposed ordinance accomplishes such purpose.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Section 118-168, "Proposed land development regulation amendments;
application of equitable estoppel to permits and approvals," is hereby amended as follows:
(a) Amendments to these land development regulations shall be enforced against all
applications and/or requests for project approval upon the earlier of the favorable
recommendation by the planning board or the applicable effective date of the land
development regulation amendment, as more particularly provided below. After
submission of a completed application for a project approval, to the extent a proposed
amendment to these land development regulations would, upon adoption, render the
application nonconforming, then the following procedure shall apply to all applications
considered by the city or any appropriate city board:
(1) In the event the applicant:
a. Obtains (i) a design review approval, (ii) a certificate of appropriateness,
(iii) a variance approval where no design review approval or certificate of
appropriateness is required, or (iv) a full building permit as defined in
section 114-1 where no design review approval, certificate of
appropriateness or variance approval is required; and
b. Satisfies subsection a., above, prior to a favorable recommendation by
the planning board with respect to any land development regulation
amendment that is adopted by the city commission within 00 150 days of
the planning board's recommendation,
then the project shall be presumed to have received a favorable determination that
equitable estoppel applies and the subject land development regulation amendment
shall not be enforced against the application and/or project (hereinafter, a "favorable
determination"), except as otherwise provided in subsection (b), below. If at any time
before the expiration of the 00 150 days the proposed amendment fails before the city
commission, then the project shall no longer be deemed nonconforming.
(2) In the event the applicant:
a. Obtains (i) a design review approval, (ii) a certificate of appropriateness,
(iii) a variance approval where no design review approval or certificate of
appropriateness is required, or (iv) a full building permit as defined in
section 114-1 where no design review approval, certificate of
appropriateness or variance approval is required; and
b. Satisfies subsection a., above, prior to the effective date of any land
development regulation amendment where there was an unfavorable
recommendation by the planning board with respect to the land
development regulation amendment, or when the planning board
recommends favorably, but the city commission fails to adopt the
amendment within the specified 00 150-day period,
then the project shall be presumed to have received a favorable determination and the
subject land development regulation amendment shall not be enforced against such
application and/or project, except as otherwise provided in subsection (b), below.
*
*
*
Section 2. That Section 118-169, "Proposed comprehensive plan amendments; application of
equitable estoppel to permits and approvals," is hereby amended as follows:
(a) Amendments to the city's comprehensive plan shall be enforced against all applications
and/or requests for project approval upon the earlier of the favorable recommendation
by the planning board or the applicable effective date of the comprehensive plan
amendment, as more particularly provided below. After submission of a completed
application for a project approval, to the extent a proposed amendment to the
comprehensive plan would, upon adoption, render the application nonconforming, then
2
the following procedure shall apply to all applications considered by the city or any
appropriate city board:
(1) In the event the applicant:
a. Obtains (i) a design review approval, (ii) a certificate of appropriateness,
(iii).a variance approval where no design review approval or certificate of
appropriateness is required, or (iv) a full building permit as defined in
section 114-1 where no design review approval, certificate of
appropriateness or variance approval is required; and
b. Satisfies subsection a., above, prior to a favorable recommendation by
the planning board with respect to any comprehensive plan amendment
that is adopted by the city commission within ~ 150 days after
receiving comments on the transmitted proposed amendment from the
department of community affairs,
then the project shall be presumed to have received a favorable determination that
equitable estoppel applies and the subject comprehensive plan amendment shall not be
enforced against the application and/or project (hereinafter, a "favorable
determination"), except as otherwise provided in subsection (b), below. In the event the
city commission fails to adopt a resolution providing for transmittal of the proposed
amendment to the department of community affairs, or rejects the amendment within 00
150 days after a favorable recommendation by the planning board, or fails to enact or
rejects the amendment within ~ 150 days after receiving comments on the transmitted
proposed amendment from the department of community affairs, then the project shall
no longer be deemed nonconforming.
(2) In the event the applicant:
a. Obtains (i) a design review approval, (ii) a certificate of appropriateness,
(iii) a variance approval where no design review approval or certificate of
appropriateness is required, or (iv) a full building permit as defined in
section 114-1 where no design review approval, certificate of
appropriateness or variance approval is required; and
b. Satisfies subsection a., above, prior to the effective date of any
comprehensive plan amendment where there was an unfavorable
recommendation by the planning board with respect to the
comprehensive plan amendment, or when the planning board
recommends favorably, but the city commission rejects the amendment
within the specified 00 150-day period, or the city commission fails to
enact or rejects the amendment within ~ 150 days after reviewing
comments on the transmitted proposed amendment from the department
of community affairs,
then the project shall be presumed to have received a favorable determination and the
subject comprehensive plan amendment shall not be enforced against such application
and/or project, except as otherwise provided in subsection (b), below.
*
*
*
3
SECTION 3. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
PASSED and ADOPTED this 11 th day of
,2006.
This Ordinance shall take effect ten days following adopt'
ATTEST:
~tP~
CITY CLERK
Robert Parcher
MAYOR
David Dermer
Verified by:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
~ /1.t' 'Oft
~
First Reading:
Second Reading:
Underscore otes new language
Strikothrougn denotes deleted language
F:\PLAN\$PLB\draft ordinances\1778 - zoning in progress\zoning in progress amended by CC 9-6-06 ord.doc
4
COMMISSION ITEM SUMMARY
Condensed Title:
Amendment to extend from 90 days to 150 days the time between the favorable recommendation by
the Planning Board with respect to any land development regulation amendments and the adoption by
the Citv Commission.
Ke Intended Outcome Su orted:
Increase satisfaction with development and growth management across the City
Issue:
Should zoning-in-progress be extended from 90 days to 150 days from the time the Planning Board
makes favorable recommendation and ado tion b the Cit Commission.
Item Summary/Recommendation:
Due to the change in the City Commission meeting schedule, and required public notice, it is
possible that zoning-in-progress may be lost from the time the Planning Board makes a
recommendation and the scheduling of the proposed amendment for City Commission action.
The Administration recommends that the Commission adopt the proposed ordinance.
Adviso Board Recommendation:
At the July 25,2006 meeting, the Planning Board recommended by a unanimous vote (7-0) that the
City Commission adopt the ordinance as proposed by the Administration advancing the zoning in
progress term from 90 days to 180 days rather than 120 days, which was the sentiment expressed by
the Land Use and Develo ment Committee.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
The proposed Ordinance is not expected to have any fiscal impact.
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Si
ssistant City Manager
City Manager
in progress sum 10-11-06.doc
in
...,
MIAMIBE.ACH
AGENDA ITEM
DATE
R~A
/()-;/-cJ~
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager / ~-
d Second Readin. Public Hearing
October 11, 2006
TO:
DATE:
SUBJECT: Zoning in Progress
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH AMENDING CHAPTER 118, "ADMINISTRATION AND
REVIEW PROCEDURES," BY AMENDING SECTION 118-168, "PROPOSED
LAND DEVELOPMENT REGULATION AMENDMENTS; APPLICATION OF
EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS;" AND SECTION
118-169, "PROPOSED COMPREHENSIVE PLAN AMENDMENTS;
APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND
APPROVALS," BY EXTENDING THE TIME BETWEEN THE FAVORABLE
RECOMMENDATION BY THE PLANNING BOARD WITH RESPECT TO ANY
LAND DEVELOPMENT REGULATION AMENDMENT AND THE ADOPTION
BY THE CITY COMMISSION. PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND
At the June 6, 2006 meeting, the Land Use and Development Committee (LUDC)
discussed a request by the Administration to extend the zoning-in-progress provision of
the City from 90 days to 180 days, and expressed the sentiment that 120 days may be
sufficient. However, the Committee recommended that the City Commission refer this
issue to the Planning Board for its review and recommendation.
ANAL YSIS
Pursuant to Section 118-168, zoning-in-progress applies from the time the Planning
Board makes a favorable recommendation to the City Commission to adopt an
amendment to the Land Development Regulations of the City Code. Zoning-in-progress
continues for a period of 90 days from the date of the favorable recommendation of the
Planning Board.
Due to the change in the City Commission meeting schedule, and required public notice,
it is possible that zoning-in-progress may be lost from the time the Planning Board
makes a recommendation and the scheduling of the proposed amendment for City
Commission action. Some proposed land development amendments may be adopted
with only two readings of the title and one public hearing, but others require two public
Commission Memorandum
October 11, 2006
Zoning in progress
Page 2
hearings where different required public notice is necessary. To provide an example,
there are certain amendments that change the list of conditional, permitted or prohibited
uses that may require a 30-day mailed notice before the item could be brought to the
Commission. When this happens, potentially more than 90 days may pass from the
favorable recommendation of the Planning Board before the City Commission adopts the
amendment.
PLANNING BOARD ACTION
At the July 25, 2006 meeting, the Planning Board recommended by a unanimous vote
(7 -0) that the City Commission adopt the ordinance as proposed by the Administration
advancing the zoning in progress term from 90 days to 180 days rather than 120 days, a
sentiment expressed by the Land Use and Development Committee.
CITY COMMISSION ACTION
At the September 6, 2006 meeting, the City Commission approved the proposed
ordinance on first reading changing the term for zoning in progress from 90 days to 150
days, instead of the 180 that had been recommended by the Planning Board.
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
Pursuant to Section 118-164(3) of the City Code, when a request to amend the Land
Development Regulations does not change the actual list of permitted, conditional or
prohibited uses in a zoning category, the proposed ordinance may be read by title or in
full on at least two separate days and shall, at least ten days prior to adoption, be
noticed once in the newspaper. Immediately following the public hearing at the second
reading, the City Commission may adopt the ordinance by an affirmative vote of five-
sevenths.
JMG/TH/J~L
T:\AGENDA\2006\oct1106\Regular\1778 - zoning in progress cc memo 10-11-06.doc
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