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Ordinance 94-2907 ORDINANCE NO. 94-2907 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 14, ENTITLED "CHANGES AND AMENDMENTS" BY REVISING PROCEDURES FOR CONSIDERATION OF PROPOSED ZONING ORDINANCE AND COMPREHENSIVE PLAN AMENDMENTS BY THE PLANNING BOARD AND CITY COMMISSION; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the revisions set forth herein are necessary to clarify the City' s procedural requirements for enactment of zoning and comprehensive plan amendments and to conform to statutory requirements; and WHEREAS, due to the recent adoption of the new City Charter and the changes contained therein, the City' s procedures for enacting certain zoning and comprehensive plan amendments may now be streamlined and in order to reduce the advertising costs associated with such amendments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SUBSECTION 14-2 . That Subsection 14-2 , of Section 14 , entitled "Changes and Amendments" of City of Miami Beach Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 14-2 REVIEW BY PLANNING BOARD Before the City Commission takes any action on a proposed amendment to the regulations of this Ordinance or to the established zoning district boundaries, or to the City' s Comprehensive Plan, the Planning Board shall review the request and provide the City Commission with a recommendation as to whether the proposed amendment should be approved or denied. In reviewing the application, the Planning Board may propose an alternative ordinance on the same subject for consideration by the City Commission. The following procedures shall apply to the Board' s consideration of the request: A. Within sixty (60) days of receiving an application the Board shall hold a public hearing. Within thirty (30) days from the close of the public hearing the Planning and Zoning Director Beard shall submit ito a report and of the Board's recommendations on the proposal to the City Commission. B. When an application requests - - . - _ - boundary er a substantial - - . - z - ' _ - - - _ _ - Zoning district, an amendment to this Ordinance notice of a public hearing before the Planning Board shall be the same as the notice required for a hearing before the City Commission as set forth in Subsection 14-3 ,- A. When an Applicant requests an amendment other than a forth in Section 14 3, B. The advertisement shall also contain a geographic D. The Planning Board may swear witnesses on their own compel appearance of witnesses. - - - - - - ' boundary or other amendment to this Ordinance shall duly authorised under the laws of Florida to administer oaths: "I, , do hereby swear, under _ - - , _ : - stimony to be given by me 2 4 and nothing but the truth, so help mc God. " 2 . Any Person giving false testimony before the Planning Board or City Commission at a public - - - = -= . = = - - - = = -- on for a change of �r.C. In reviewing a request for an amendment to this Ordinance, the Board shall consider the following when applicable: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; 2 . Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; 3 . Whether the change suggested is out of scale with the needs of the neighborhood or the City; 4 . Whether the proposed change would tax the existing load on public facilities and infrastructure; 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; 6. Whether changed or changing conditions make the passage of the proposed change necessary ; 7 . Whether the proposed change will adversely influence living conditions in the neighborhood; 8 . Whether the proposed change will create or excessively increase traffic congestion beyond the Levels of Service as set forth in the Comprehensive Plan or otherwise affect public safety; 9 . Whether the proposed change will seriously reduce light and air to adjacent areas; 10. Whether the proposed change will adversely affect property values in the adjacent area; 11. Whether the proposed change will be a deterrent to 3 w the Improvement or Development of adjacent property in accordance with existing regulations; 12 . Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; 13 . Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use. D. Notices of any public hearing regarding proposed amendments to the City's Comprehensive Plan shall be in accordance with the applicable requirements of Chapter 163 , Florida Statutes, Rules 9J-5 and 9J-11, Florida Administrative Code and the Public Participation Procedures set forth in the City' s Comprehensive Plan as they may be amended from time to time. E. 1. Any Person appearing before the Planning Board or the City Commission at a public hearing in regard to an application for a change of a zoning district boundary or other amendment to this Ordinance shall be administered the following oath by any Person duly authorized under the laws of Florida to administer oaths: "I , , do hereby swear, under oath, that any and all testimony to be given by me in this proceeding is the truth, the whole truth and nothing but the truth, so help me God. " 2 . Any Person giving false testimony before the Planning Board or City Commission at a public hearing in regard to an application for a change of zoning or other amendments to this Ordinance shall be subject to the maximum penalty provided by law. F. An application for a change of zoning or amendment to the Zoning Ordinance or change in the Future Land Use Map of the Comprehensive Plan may be withdrawn by a request from the Applicant at any time before a decision of the 4 Planning Board. If the application is withdrawn after advertisement for a public hearing or posting of the property, the same or a substantially similar petition covering the same property shall not be resubmitted except by an official of the City of Miami Beach or the City Commission for at least one (1) year after the date established for the prior hearing. Filing fees shall not be refunded once the public hearing has been advertised. SECTION 2 . AMENDMENT OF SUBSECTION 14-3 . That Subsection 14-3 of Section 14, entitled "Changes and Amendments" of City of Miami Beach Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 14-3 ACTION BY CITY COMMISSION Within sixty (60) days of transmission of the recommendation of the Planning Board to the City Commission, the Commission shall conduct set a date for a public hearing regarding the proposed amendment and shall consider the amendment as provided herein: A. Amcndmcnts which propose a change in zoning district boundaries of private parcels of real property or which Ordinances initiated by those entities specified in Section 14-1 above which rezone specific parcels of private real property or which substantially change permitted Use categories in zoning districts. 1. In cases in which the proposed amendment involves less than five (5%) percent of the total land area of the City, the City Commission shall direct the Clerk of the City of Miami Beach to notify by mail each real Property Owner whose land the City will rezone or whose land will be affected by the change in permitted Uses by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. Provided further, notice 5 shall be given by mail to the owners of record of land lying within 375 feet of the land, the boundaries or permitted Uses of which are proposed to be changed. The notice shall state the substance of the proposed ordinance as it affects that Property Owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least thirty (30) days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the City Clerk. The City Commission shall hold two a public hearings on the proposed ordinance and may, upon the conclusion of the second hearing, vote to pass the proposed ordinance pursuant to Section 9 of the City Charter. At the close of the reading, the City Commission may immediately adopt the ordinance. 2 . In cases in which the proposed ordinance deals with more than five (5%) percent of the total land area of the City, the City Commission shall provide for public notice and hearings as follows: a. The City Commission shall hold two (2) advertised public hearings on the proposed ordinance. Both hearings shall be held after 5 p.m. on a weekday, and the first shall be held approximately seven (7) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. The day, time, and place at which the second public 6 r hearing will be held shall be announced at the first public hearing. b. The required advertisements shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the City of Miami Beach and of general interest and readership in the community, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes, or as the same may be amended. Whenever possible, the advertisement shall appear in a newspaper that is published at least five (5) days a week unless the only newspaper in the community is published less than five (5) days a week. The advertisement shall be in the following form. NOTICE OF ZONING (PERMITTED USE) CHANGE The City of Miami Beach proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement. A public hearing on the rezoning will be held on (date and time) at (meeting place) . The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major Street names as a means of identification of the area. 7 In lieu of or in addition to publishing the advertisement set forth in paragraph (b) above, the City may mail a notice to each Person owning real property within 375 feet of the area covered by the ordinance and to Persons owning real property within the area that is the subject of the request. Such notice shall clearly explain the proposed ordinance and shall notify the Person of the name time, place, and location of both public hearings on the proposed ordinance. B. When a request to amend the Zoning Ordinance does not within a zoning district, rezone specific parcels of private real property or substantially change permitted use categories in zoning districts then the following procedures shall apply: nature of the hearing at least fifteen (15) days, of general circulation in the City. 2 . The City Commis-ion shall hold a public hearing on shall be set pursuant to Section 9 of the City Charter. At the close of the second r ading the City Commission may adopt the ordinance. 1. A proposed ordinance may be read by title or in full on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed in a newspaper of general circulation in the City of Miami Beach. The notice of proposed enactment shall state the date, time and place of the meeting, the 8 title or titles of proposed ordinances, and the place or places within the City of Miami Beach where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 2 . Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance. C. An affirmative vote of a majority of 5/7ths of all members of the City Commission shall be necessary in order to enact any amendment to this Ordinance. D. Any application for Amendment to the Ordinance, ee Change of Zoning or change in the Future Land Use Map of the City' s Comprehensive Plan may be withdrawn by a request in writing by the Applicant at any time before a decision of the City Commission, but if withdrawn after advertisement for a public hearing or after posting of the property, the same amendment shall not be resubmitted, except by an official of the City of Miami Beach or a member of the City Commission, sooner than one (1) year after the date established for the prior hearing. Filing fees shall not be refunded upon any withdrawal. SECTION 3. AMENDMENT OF SUBSECTION 14-5. That Subsection 14-5 of Section 14 , entitled "Changes and Amendments" of the City of Miami Beach Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 14-5 AMENDMENT OF COMPREHENSIVE PLAN Consideration of proposed amendments to the City's Comprehensive Plan by the Planning Board and City Commission shall follow the procedures set forth in Chapter 163 of the Florida Statutes (1987) (1991) , Rules 9J-5 and 9J-11, Florida Administrative Code and the Public Participation Procedures of the Comprehensive Plan and any amendments thereto. 9 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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. This Ordinance shall take effect on the 26th day of February , 1994 . PASSED and ADOPTED this 16th day o February , 199.4. ATTEST: Air irlir %OR CITY CLERK 1st reading 1/19/94 2nd reading SWS:scf:disk6\chgamend.ord FORM APPROVED LEGAL DEPT. By c� Date y. /• ?-r-r'3 10 OFFICE )F THE CITY ATTORNEY 624 ty ces, mid F L 0 R 1 D A f4;*- :* P *'..NURP. wrz *a" c, LAURENCE FEINGOLD = ya , y' CITY ATTORNEYHz6 \ P O BOX O �' MIAMI BEACH. FLORIDA 33"9-2032 TELEPHONE,305)6-3-7470 TELECOPY 305 6-3-':C2 COMMISSION MEMORANDUM NO: z),(Tcl <4 DATE: FEBRUARY 16, 1994 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. LTON FROM: LAURENCE FEINGOLD CITY ATTORNEY / '�6-v1-Lt�� SUBJECT: ORDINANCE REVISING PROCEDURES FOR ZONING AND COMPREHENSIVE PLAN AMENDMENTS The attached ordinance revises and clarifies procedures for amending the City' s Zoning Ordinance and Comprehensive Plan. Statutory requirements for enacting and adopting zoning amendments and comprehensive plans and plan amendments are set forth in Chapters 166 and 163 of the Florida Statutes, and Rules 9J-5 and 9J-11 of the Florida Administrative Code, respectively. This proposed ordinance amends the City' s current procedures in Section 14 , "Changes and Amendments" of tho Zoning Ordinance to conform with these requirements. Additionally, the City' s procedures have been streamlined to eliminate unnecessary delays in enactment time and advertising costs. The most notable changes in zoning amendment procedures are 1) specification of the statutory requirement that the public hearings regarding zoning amendments which rezone private parcels or change permitted use categories and affect over 5% of the City must be held after 5 p.m. , and 2) elimination of our current requirement of two public hearings for zoning ordinance amendments other than those. (Only one public hearing is statutorily required for amendments not affecting more than 5% of the City and which do not rezone private parcels or change permitted use categories. ) Changes contained in the recently adopted new City Charter have made it possible to streamline procedures for adoption of a comprehensive plan or plan amendment. Section 9 of the City Charter requires two readings for adoption of an ordinance. Thus an ordinance adopting or amending the Comprehensive Plan would have to have two readings at the adoption stage, although only one is required by Chapter 163 , Florida Statutes. Because the new City Charter provides that procedures for passage of zoning and comprehensive plan ordinances shall follow the requirements set forth in the City's Zoning Ordinance, it is now possible to amend the procedures for adopting a comprehensive plan or plan amendment to eliminate steps not required by State law. The attached ordinance provides that comprehensive plans and plan amendments shall follow the requirements of state law and the Public Participation Procedures in the City' s Comprehensive Plan. Thi reference to the state law avoids the necessity to amend Section 14; 6 of the Zoning Ordinance whenever Chapters 163 or Rules 9J-5 and AGENDA Q_ IM ITEM 1l VM DATE 2- \ ,f3-- c1 `4 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139 9J-11 are amended. (The City is currently in the process of amending the Public Participation Procedures to streamline them and to conform to state law requirements. ) LF:scf:memos\rvis-zon.cm 2 3C7 a) U TJ ca O •r1 V) •L7 a) I O p tiY C a +,0 G C) • rI 0 �Y N '-- W co, L) v O ,D 0 • . H CO .H • 0 'C7 .0 a) . O a) . 1_+. .d . .11 • O L U v) b0cv 1 a) .1-4 E d C TJ CLI a) • a)