Ordinance 97-30660, 4_
ORDINANCE NO. 97-3066
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 14, ENTITLED "CHANGES AND
AMENDMENTS", AMENDING SUBSECTION 14-3,
ENTITLED "ACTION BY CITY COMMISSION" BY
REVISING PUBLIC NOTICE REQUIREMENTS AND OTHER
PROCEDURES FOR APPLICATIONS REGARDING
PROPOSED ZONING ORDINANCE AMENDMENTS WHICH
DO AND DO NOT CHANGE THE ACTUAL LIST OF
PERMITTED, CONDITIONAL OR PROHIBITED USES
WITHIN A ZONING CATEGORY OR CHANGE THE
ACTUAL ZONING MAP DESIGNATION OF LAND
PROVIDING FOR INCLUSION IN THE ZONING
ORDINANCE, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
a
WHEREAS, in the 1995 Legislative Session, the procedures for adopting certain
amendments to municipal zoning ordinances as set forth in Section 166.041, Florida Statutes were
amended: and
WHEREAS, it is necessary to amend Section 14, entitled "Changes and Amendments" of
the City's Zoning Ordinance in order to be consistent with the new requirements of Section 166.041,
Florida Statutes and in some instances to provide additional notice requirements as authorized
pursuant to Section 166.041 (6), Florida Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1, AMENDMENT OF SUBSECTION 14-3,
That Subsection 14-3 of Section 14, entitled "Changes and Amendments" of City of Miami
Beach Zoning Ordinance No. 89-2665 is hereby amended to read 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 consider the proposed amendment as provided herein:
AAAll Oordinances amendments
to the following procedure;
shall be enacted pursuant
A.7 In ajl cases in which the proposed amendment changes the actual list of permitted.
Conditional or prohibited uses in a zoning category or changes the actual zoning map
designation for a parcel or parcels of land and. in either case. the proposed
amendment involving less than ten (10) contiguous acres, 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 redesignate by enactment of the ordinance
and whose address is known by reference to the latest ad valorem tax records.
Provided further, notice shall be given by mail to the owners of record of land lying
within 375 feet of the land, . _ : : which is proposed to be
changed by the proposed permitted. Conditional, or prohibited use change or the
proposed zoning map designation. 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 a public hearing on
the proposed ordinance and may, upon the conclusion of the hearing, immediately
adopt the ordinance.
B.,2 In all cases in which the proposed amendment erdiitanee changes the actual list of
permitted. Conditional. or prohibited uses within a zoning category or changes the
actual zoning map designation of a parcel or parcels of land and. in either case. the
proposed amendment involves ten (10) contiguous acres or more, the City
Commission shall provide for public notice and hearings as follows:
Lit The City Commission shall hold two (2) advertised public hearings on the
proposed ordinance. At least one (1) hearing shall be held after 5 p.m. on a
weekday, unless the City Commission, by a majority plus one vote, elects to
conduct that hearing at another time of day; arid. tThe first public hearing
shall be held at least seven (7) days after the day that the first advertisement
is published. The second public hearing shall be held at least ten (10) days
after the first hearing and shall be advertised at least five (5) days prior to the
public hearing.
2,1r. The required advertisements shall be no less than two columns wide by ten
(10) inches long 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 placed in a newspaper of general paid circulation in the City of
Miami Beach and of general interest and readership in the City of Miami
Beach, 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 City of Miami Beach is
2
published less than five (5) days a week.
The advertisement shall be in substantially the following form.
NOTICE OF (TYPE OF) CHANGE
The € City of Miami Beach proposes to adopt the following
ordinance: ,.. (title of ordinance)
A public hearing on the ordinance will be held on (date and time) at
(meeting placel.
Except for amendments which change the actual list of permitted,
Conditional, or prohibited Uses within a zoning category, the advertisement
shall also contain a geographical 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 general area.
In lieu of or in addition to publishing the advertisement set forth in paragraph
Ebj*Z.) above, the City may mail a notice to each Person owning real property
within 375 feet of the area covered by the proposed amendment ordmarree
and to Persons owning real property within the area that is the subject of the
request -proposed amendment. Such notice shall clearly explain the proposed
ordinance and shall notify the Person of the time, place, and location of both
public hearings on the proposed ordinance.
C,137 When a request to amend the Zoning Ordinance does not change the actual list of
permitted, Conditional or prohibited Uses in a zoning category or
change the actual zoning map designation of a parcel or parcels of land
, then the following procedures
shall apply:
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 once 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
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.
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SECTION 2, INCLUSION IN ZONING ORDINANCE NO. 89-2665.
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 City of Miami Beach Zoning Ordinance No. 89-
2665 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 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 18th day of January
PASSED and ADOPTED this 8th day of January
ATTEST:
R04,,k
CITY CLERK
First Reading 12/18/96
Second Reading 1/8/97
DJ1IMHF1mhUE\plan\plb\nov\ 1278a1t.ord
4
, 1997.
, 1997.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ciy Attorney
tM.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 1 3 -q
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
FROM: Jose Garcia -Pedrosa
City Manager
SUBJECT:
January 8, 1996
Second Reading Public Hearing - An Ordinance of the Mayor and City
Commission of the City of Miami Beach Amending Zoning Ordinance No. 89-
2665, Amending Section 14, Entitled "Changes and Amendments", Amending
Subsection 14-3, Entitled "Action by City Commission" by Revising Public
Notice Requirements and Other Procedures for Applications Regarding
Proposed Zoning Ordinance Amendments Which Do and Do Not Change the
Actual List of Permitted, Conditional or Prohibited Uses Within a Zoning
Category or Change the Actual Zoning Map Designation of Land, Providing
for Repealer, Severability, Codification and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission adopt on second reading public hearing the
proposed amendment to the Zoning Ordinance regarding the amendments to Section 14-3 of Zoning
Ordinance 89-2665, as codified in the attached amending ordinance.
BACKGROUND
The City Attorney's Office is a sponsor of the subject amendment to the Zoning Ordinance. In the 1995
State Legislative Session, the procedures set forth in Section 166.041, Florida Statutes for adopting certain
amendments to municipal zoning ordinances were amended. Thereafter, in 1995, the City passed
Ordinance 95-3004, which amended Section 14 of the City's Zoning Ordinance so that it would be
consistent with the new requirements in Section 166.041, F.S. However, upon further review of Section
14-3 of the Zoning Ordinance, certain amendments are proposed which would clarify and unify the
requirements for all future zoning ordinance amendments. The attached proposed ordinance amending
Section 14-3 of the Zoning Ordinance would accomplish this purpose.
The proposed amending ordinance was referred by the City Attorney's Office to the City Commission on
September 11, 1996. At that meeting, the Commission referred the amendment to the Planning Board for
consideration and recommendation.
PAGE 1 OF 3
AGENDA ITEM 5 P\
DATE 1-43-9'7
On November 26, 1996 the Planning Board held a public hearing regarding the amendment and voted
unanimously (7-0) to recommend approval of the attached amending ordinance.
On December 18, 1996 the City Commission adopted the amendment on first reading and set today's
second reading public hearing.
ANALYSIS
The proposed amendment contains several minor clarification changes to the existing language that do not
affect the requirements of Section 14-3, except for one important procedural change regarding an
application made by an applicant other than the City of Miami Beach. Currently, the State Statutes require
that all applications made by an applicant other than the municipality or local government are only required
to give a 10 day notice of public hearing in a newspaper of general circulation in the local jurisdiction.
This requirement is for all requests of a privately initiated nature which could include zoning district
changes, use changes or text amendments. When these types of requests are made by the local
government, there are several different notice requirements which can be difficult to understand and, in
some instances, costly. The Administration comprehends the intent of the State Statutes regarding notice
requirements that attempt to lessen the financial burden on private interests; however, the Administration
also wants to ensure that property owners most effected by the proposed changes are given ample and
sufficient notice.
The amendment before you today would now require privately initiated zoning amendment requests to
comply with the same notice requirements (pursuant to Section 14-3 of the Zoning Ordinance) as for
similar requests made by the City of Miami Beach. The amendment would require one major change for
private interests - - a proposed amendment which changes the actual zoning map designation for a parcel
or parcels of land involving less than ten (10) contiguous acres, would require that owners of record of land
within 375 feet of the land proposed for re -designation would be given notice individually by mail; thirty
(30) days prior to the public hearing. As stated above, this would change the current requirement which
now requires only a 10 day notice of public hearing in a newspaper of general circulation in the local
jurisdiction. The Administration believes the limited 10 day notice is not sufficient notice to those
surrounding property owners whose property may be most affected by a change in zoning classification,
especially when said changes are considered up -zonings or involve changes in permitted uses.
The proposed amendment would also change the current notice requirement to include all applications
which propose to change the actual permitted, conditional or prohibited uses in a zoning district category.
Owners of record of land within 375 feet of the land which is to be changed by the proposed use change
would be given notice individually by mail; said notice would be given thirty (30) days prior to the public
hearing, as described above. Staff is of the opinion that these property owners have the potential to be
most impacted by these proposed changes and should be given all opportunity to express their concerns
regarding these types of changes. The amendment would allow these owners to express their individual
concerns in writing (via the return mailer) and would help to give better notice to these owners within 375
feet of the subject property that they could appear at the public hearing and be heard. The amendment
could help prevent challenges brought forward due to alleged improper notice. By making all noticing
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requirements consistent and simplified, the amendment could also lessen the chance of errors made by
the City.
While this language is more restrictive than the State Statutes for applications made by applicants other
than the City, staff has a concern that the effected owners of land surrounding the subject property would
not necessarily be aware of the proposed change when the only required notice is an advertisement placed
in a paper of general circulation ten (10) days prior to the public hearing. Staff believes that the State law
is severely deficient by supporting the assumption that a private application of this type would have less
of an impact on the surrounding properties than the impact of a change initiated by the City.
The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a
severability clause and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning
Board and City Commission are to consider 13 relevant review criteria, when applicable for such changes.
Since the amending ordinance would only change the text of the Zoning Ordinance and would not
constitute a use change or a change in zoning district boundaries or classification, the review criteria have
been determined not to be applicable to this amendment request.
CONCLUSION
Based on the foregoing, the Administration has concluded that the City Commission should adopt on
second reading, after holding a public hearing, the amendments to Section 14 of Zoning Ordinance 89-
2665.
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