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Ordinance 94-2947 ORDINANCE'a . 94-2947 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"; AMENDING SUBSECTION 14-1, BY PERMITTING THE CITY ATTORNEY TO SUBMIT APPLICATIONS FOR ZONING ORDINANCE AND COMPREHENSIVE PLAN AMENDMENTS, BY PROVIDING THAT AMENDMENTS PROPOSED BY THE CITY ATTORNEY AND CITY MANAGER SHALL BE APPROVED BY THE CITY COMMISSION PRIOR TO TRANSMITTAL TO THE PLANNING BOARD, AND BY DELETING THE REQUIREMENT OF THIRTY (30) DAY' S MINIMUM TIME BETWEEN RECEIPT OF APPLICATIONS FOR ZONING AND COMPREHENSIVE PLAN AMENDMENTS AND PLANNING BOARD CONSIDERATION OF THOSE AMENDMENTS; AMENDING SUBSECTION 14-7 BY CLARIFYING THAT THE ZONING—IN—PROGRESS REGULATIONS THEREIN DO NOT APPLY TO ORDINANCES DESIGNATING PROPERTIES OR DISTRICTS AS HISTORIC; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Attorney is the legal advisor to the City Commission and to all of the zoning-related City boards; and WHEREAS, in advising the City on zoning issues and defending the City in zoning-related cases, the City Attorney sometimes finds that provisions of the City' s Zoning Ordinance and Comprehensive Plan should be recommended for amendment; and WHEREAS, Section 14-1 of the City' s Zoning Ordinance provides that the City Manager, the City Commission, the Planning Board, Board of Adjustment and Historic Preservation Board may propose zoning and comprehensive plan amendments and submit applications for consideration of those amendments by the Planning Board and City Commission; and WHEREAS, Section 14-1 does not authorize the City Attorney to initiate zoning and comprehensive plan amendments; and WHEREAS, Section 14-1 of the Zoning Ordinance currently provides that an application for a proposed zoning or comprehensive plan amendment may not be considered by the Planning Board and City Commission for a period of thirty days after receipt of the application by the Planning and Zoning Director; and WHEREAS, pursuant to State Law and Section 14 of the City' s Zoning Ordinance, proposed amendments to the City' s Zoning Ordinance may not be heard until notice requirements have been met ; and WHEREAS, the notice requirements provide adquate time for review of such amendments by the City staff and the public; and WHEREAS, removing the minimum waiting period prior to Planning Board consideration of an ordinance will enable the City to respond more quickly to changes desired by the City Commission and citizens; and WHEREAS, it is necessary to clarify the relationship between certain provisions of the Historic Preservation regulations recently adopted by the City Commission and the zoning-in-progress regulations in Section 14 of the Zoning Ordinance . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SUBSECTION 14-1. That Subsection 14-1 of Section 14 , entitled "Changes and Amendments" of City of Miami Beach Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows : 14-1 PETITION FOR CHANGES AND AMENDMENTS A. An application for a changc in a zoning district boundary zoning ordinance amendment which would rezone specific parcels of private real property or a substantially change permitted Uses categories in a zoning districts or a change 4a the Future Land Use Map of the Comprehensive Plan may be submitted to the Planning and Zoning Director by the City Manager, City Attorney, or upon an adopted motion of the City Commission, Planning Board, Board of Adjustment, or Historic Preservation Board with regard to the designation of Historic Districts, Sites or matters that directly pertain to historic preservation, or by owners of a majority of Lot Frontage in the area which is the subject of the proposed change, provided that the area shall contain not less than four hundred (400) feet of Lot Frontage on one (1) public Street or a parcel of not less than eighty thousand (80, 000) square feet . Matters submitted by the City Manager or City Attorney shall first be referred to the City Commission. B. A request to amend the Zoning Ordinance or Comprehensive Plan which does not rezone private parcels of real property affect zoning district boundaries or substantially change permitted Uses categories in zoning districts may be submitted by those eligible to submit an application pursuant to paragraph A above or by any Person who owns property that is affected by the zoning regulations he wishes to amend. 3 E. Upon receipt of a completed application, the Planning and Zoning Director shall transmit the application along with his analysis and recommendations regarding the proposed amendment to the Planning Board for review;. howcvcr, any h aring one propoccd amcndmcnt Shall be act for at lcast thirty (30) days following rcccipt of a complctcd application by the Planning and Zoning Dcpartmcnt ._ SECTION 2 . AMENDMENT OF SUBSECTION 14-7 . That Subsection 14-7, of Section 14 , entitled "Changes and Amendments" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows : 14-7 PROPOSED ZONING ORDINANCE AMENDMENTS - ZONING-IN-PROGRESS MORATORIA ON PERMITS AND APPROVALS A. Whenever the Planning Board has votedto recommend in favor of a proposed amendment to this Ordinance, the City Manager shall issue an administrative order setting forth the proposed amendment and establishing a moratorium during which any City employee, board or department is prohibited from granting an approval or permit which would be prohibited, or prohibited without variances, in the event that the proposed amendment is enacted by the 4 City Commission. B. Any administrative order issued pursuant to the above shall be complied with by all City employees, boards and departments and shall be effective until the proposed amendment is enacted or rejected by the City Commission. However, in the event that the City Commission fails to enact or reject the amendment within 90 days after a favorable recommendation by the Planning Board, said administrative order shall be deemed expired and shall be without further effect . C. Notwithstanding subparagraphs A and B above, no such administrative order shall affect any project which has a validly issued building permit, variance approval, or Design Review approval or has a completed application meeting all submission requirements submitted for Design Review approval, Board of Adjustment variance approval, or building permit approval prior to a vote by the Planning Board in favor of the proposed zoning amendment . D. Subparagraphs A and B above, shall not apply to proposed amendments to Section 19 of this Ordinance which would designate specific properties or districts as historic . The moratorium regulations applicable to such proposed amendments are set 5 I forth in Subsection 19-5 of this Ordinance . SECTION 3 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 . SEVERABILITY. If any section subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5 . EFFECTIVE DATE. This Ordinance shall take effect on the 15th day of October , 1994 . PASSED and ADOPTED this 5th day of October ,71994 . ATTEST: MAYOR q-ktiLCvl. CITY CLERK 1st reading 9/22/94 2nd reading 10/5/94 SWS:scf:disk7\chg-14a.ord FORM APPROVED LEGAL DEPT. BY 6 Date 5(,v� 9-z7. 9 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. /4/2 TO: Mayor Seymour Gelber and DATE: October 5, 1994 Members of the City Commission FROM: Roger M. C & Laurence Feingold City Man g City Attorney SUBJECT: SECOND READING - AMENDMENT TO ZONING ORDINANCE NO. 89- 2665 AMENDING SECTION 14 ENTITLED, "CHANGES AND AMENDMENTS" CONCERNING THE ADDITION OF THE CITY ATTORNEY TO THE LIST OF PERMITTED APPLICANTS, ELIMINATING MINIMUM TIME FRAMES FOR CONSIDERING APPLICATIONS FOR ZONING OR COMPREHENSIVE PLAN AMENDMENTS AND CLARIFYING THE ZONING- IN-PROGRESS REGULATIONS REGARDING DESIGNATION OF HISTORIC PROPERTIES. RECOMMENDATION The City Administration and the City Attorney recommends adopting on first reading the attached amendment to the City of Miami Beach Zoning Ordinance No. 89-2665, as amended, with a change to the proposed last sentence under Section 14-1A. BACKGROUND On June 15, 1994 , the City Commission passed a resolution referring the proposed amendment to the City's Planning Board for consideration and recommendation. The amendment was requested by the City Attorney Lawrence Feingold and authored by his office. The proposed change would amend Section 14, entitled "Changes and Amendments" . Specifically amending Subsection 14-1, thereby permitting the City Attorney to also initiate Zoning Ordinance and Comprehensive Plan amendments and by eliminating the required minimum time between receipt of applications for proposed Zoning and Comprehensive Plan amendments and consideration of those amendments by the Planning Board. The proposed amendment also clarifies Subsection 14-7 by interpreting that the zoning-in- progress regulations therein do not apply to Ordinances designating properties or districts as "Historic" . Page 1 of 3 92 AGENDA ITEM R- DATE 10-5-9 Li When the amendment was first referred to the Planning Board, it provided for a minimum of 15 days time between receipt of an application for an amendment and consideration of the application by the Planning Board. Currently the ordinance requires a minimum time of thirty (30) days. On July 26, 1994, the Planning Board voted 5-0 to recommend approval of the amendment with a minor change to the original version. They recommended that the fifteen (15) day minimum time apply only to amendments initiated by the City. The City Commission, at its meeting of September 22, 1994 voted 6-0 (one absent) to adopt the Ordinance, on first reading, eliminating entirely the minimum• time requirement between receipt of an amendment application and consideration of the amendment by the Planning Board. ANALYSIS The City Attorney' s Office serves in an ex-officio capacity on the Planning Board and as legal advisor to the (Zoning) Board of Adjustment, Design Review Board and Historic Preservation Board, provides legal counsel to the City Commission on zoning issues and represents the City in Court on zoning-related cases. In these capacities, the City Attorney's Office sometimes finds that provisions of the City's Zoning Ordinance need to be amended in order to comply with legal requirements and avoid potential litigation. Section 14 of the Zoning Ordinance, which contains regulations pertaining to zoning and comprehensive plan amendments, permits such amendments to be initiated by the City Manager, City Commission, Board of Adjustment, Planning Board and Historic Preservation Board (when the amendments relate to historic preservation) . Under certain circumstances, property owners may also initiate Zoning Ordinance amendments. Section 14 currently does not list the City Attorney as a potential applicant for Zoning amendments. The proposed Ordinance would add the City Attorney to the list of permissible applicants who may initiate Zoning Ordinance and Comprehensive Plan amendments and, as now worded, would require that any amendment submitted by the City Manager or City Attorney be first referred to the City Commission. The amendment now eliminates the minimum time required before the Planning Board may consider a proposed Zoning Ordinance. This change would eliminate unnecessary delay and accelerate the process of making changes in the City's Zoning Ordinance. The minimum time requirement is not necessary as there are currently notice requirements in the Florida Statutes and City Zoning Ordinance which provide adequate time for consideration of proposed Page 2 of 3 93 amendments by City staff. This is particularly true as it relates to amendments being proffered by the City Commission, the City Manager or one of the City's Boards. It is reasonable to conclude that City generated amendments are already familiar to staff and would not require additional time to finalize reports and recommendations. Subsection 14-7 of the Zoning Ordinance presently contains regulations establishing a moratorium on the granting of approvals to projects when there is an amendment in progress which has already been recommended for approval by the Planning Board and which would prohibit such a project. The recently adopted Historic Preservation Ordinance establishes even more stringent requirements in Section 19 of the. Zoning Ordinance (such as the six-month moratorium on demolition) to protect properties which are being considered for historic designation. The proposed ordinance clarifies that in cases where a proposed Zoning Ordinance amendment would designate a site as "Historic" , the moratorium provisions of Section 19 would apply, rather than those of Section 14 . CONCLUSION The Administration, in conjunction with the City Attorney, has concluded that the City Commission should adopt on second reading this amendment to Zoning Ordinance No. 89-2665, as amended. DJG\MHF\DISK#7\1193CM1.94 Page 3 of 3 94 • a) V G L+ Ca Ca •ri CON b a1 •-- 1 O G 0 ni o CO,.q •rl • G O O •H U o -.7 En W N p f� U cg g O a) v] .r1 bp . bD O H u1 •r P4 N q b O .0 a1 0 E v Iy Ca E a C • ar o it • • L) .o • .0 4-1 • d0 N t~ • G 1 a) • •rl 01 �" 'C CO b • • 0 • (1) • a1 •