CAO 99-16
CITY OF MIAMI BEACH
DATE:
Sergio Rodriguez
City Manager
Murray H. Dubbin ^ t\/,V
City Attorney ~ 1fJVJV'"
July 16, 1999
C.M.O. No. 1-7/99
TO:
C.A.O. No. 99-16
FROM:
RE: Legal Opinion: Public Hearing Requirements for Zoning Items
This is to respond to your memorandum dated July 12, 1999 regarding the above. With
regard to those matters which have been determined to be small scale comprehensive plan
amendments by the Planning Department, the notice requirements therefore are set forth in Section
163.3187 (1) (c )(2)( a), Florida Statutes, which states as follows:
A local iovernment that pro.poses to consider a plan amendment
pursuant to this paragraph is not reQ.uired to comply with the
procedures and public notice requirements of s. 163.3184(15)( c) [Le.,
two public hearings] for such plan amendments if the local
iovernment complies with the provisions in ...s.l 66.04 1 (3)(c) lror a
municipality... .
Further, as provided under Section 163.3187( 1)( c )(3), Florida Statutes:
Small scale development amendments adopted pursuant to this
paragraph require only one public hearin~ before the governing board
which shall be an adoption hearing as described in Section
163.3184(7), and are not subject to the requirements ofs. 163.3184(3-
6) unless the local government elects to have them subject to those
requirements.
Thus, both zoning code and small scale comprehensive plan amendments of less than 10 acres only
require one public hearing.
lUnder Section 166.041(3)(c)(I), Florida Statutes, which concerns non-comprehensive plan
zoning changes, if
...the proposed ordinance chan~es the actual zonini ma,p desiiDation
for a parcel or parcels of land involvin~ less than ten conti~uous
acres. the iovemin~ body shall direct the clerk of the governing body
to notify by mail each real property owner whose land a municipality
will designate by enactment of the ordinance and whose address is
known by reference to the latest ad valorem tax records. The notice
shall state the substance of the proposed ordinance as it affects the
property owner and shall set a time and place for one or more public
hearin~s on such ordinance. Such notice shall be given at least thirty
days prior to the date set for the public hearing, and a copy of the
notice shall be kept available for public inspection during the regular
hours of the office of the clerk of the governing body. The ~overnin~
body shall hold a public hearin~ on the proposed ordinance and may
upon conclusion of the hearini. immediately adopt the ordinance.
cc: Janet Gavarrete, Assistant City Manager
Jorge Gomez, Acting Planning and Zoning Director
Richard Lorber, Senior Planner
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