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Ordinance 97-3076ORDINANCE NO. 97-3076 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 14-2, ENTITLED "REVIEW BY PLANNING BOARD" BY REVISING AND CLARIFYING THE PUBLIC NOTICE REQUIREMENTS FOR AN APPLICATION TO AMEND ZONING ORDINANCE NO. 89-2665 WHEN AN AMENDMENT IS SCHEDULED FOR PUBLIC HEARING BEFORE THE PLANNING BOARD; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 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 WHEREAS, on January 8, 1997, the City Commission revised and clarified the public notice requirements for adopting an amendment to the Zoning Ordinance scheduled for public hearing before the City Commission: and WHEREAS, this amendment clarifies the public notice requirement for all amendments to the Zoning Ordinance scheduled for public hearing before the Planning Board. 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.B entitled "Review by Planning Board" of Section 14, entitled "Changes and Amendments" of City of Miami Beach Zoning Ordinance No. 89-2665 is hereby amended to read as follows: 14-2.B REVIEW BY PLANNING BOARD When an application requests an amendment to this Ordinancenotice of public hearings before the Planning Board shall be the same as the notice required for a -the first public hearing before the City Commission as set forth in Section 14-3. * * * 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 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 All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.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 12th day of April , 1997. PASSED and ADOPTED this 2nd day of April ATTEST: LA.A, P6.A., au' CITY CLERK MHF\mhf/f: plb/jan/ 1278aord.97 1st reading 3/19/97 2nd reading 4/2/97 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 7,3 D -41 TO: Mayor Seymour Gelber and Members of the City Commission DATE: FROM: Jose Garcia-Pedros City Manager SUBJECT: April 2, 1997 Second Rea ing - 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 14-2, Entitled "Review by Planning Board" by Revising and Clarifying the Public Notice Requirements for an Application to Amend Zoning Ordinance No. 89-2665 When an Amendment Is Scheduled for Public Hearing Before the Planning Board; Providing for Inclusion in the Zoning Ordinance, Repealer, Severability and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission adopt the amending ordinance on second reading, upon holding the required public hearing. BACKGROUND On November 26, 1996, the subject amendment was approved in concept and sponsored by the Planning Board in conjunction with an earlier amending ordinance that clarified and unified the notice requirements for amendments to the Zoning Ordinance when said amendments were heard by the City Commission. That earlier amendment was approved by the City Commission on January 8, 1997, as recommended by the Planning Board and the amendment before you today is a companion to said adopted ordinance. The Planning Board held a public hearing on January 28, 1997 and voted unanimously (7-0) to approve the attached amendment. On March 19, 1997, the City Commission adopted the amending oridnance on first reading and set the second reading public hearing for today. PAGE 1 OF 2 AGENDA ITEM DATE R5q ANALYSIS The attached proposed ordinance, amending Section 14-2 would clarify the notice requirement for an application to amend the Zoning Ordinance when an amendment is scheduled for public hearing before the Planning Board. The proposed amendment contains one change to the existing language that would not affect the other requirements of Section 14. Specifically it clarifies the public notice requirement for an amendment scheduled to be heard before the Planning Board. Currently, the Zoning Ordinance states that the notice requirements for the Planning Board shall be the same as the notice required for public hearing before the City Commission. However, as the Commissioners are aware, some amendments to the Zoning Ordinance require two public hearings. The first requires a seven (7) day notice and the second requires a five (5) day notice. The attached amendment would specify that the notice requirement for an amendment scheduled to be heard by the Planning Board would be the same notice requirement for the first public hearing before the City Commission pursuant to Section 14-3 of the Zoning Ordinance -- this would be a seven (7) day notice. In the past, the City's Planning and Legal staff had followed this policy of using the first public hearing notice requirement of the City Commission for the Planning Board, even though Section 14-2 was unclear on the issue. Based on the clarification hereto, the proposed amendment could help prevent challenges brought forward due to alleged improper notice by making all noticing requirements (City Commission and Planning Board) consistent and simplified. There are no other changes within the proposed amendment. 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 City Commission and Planning Board consider 13 relevant review criteria, when applicable for such changes. Since the amending ordinance would change only 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 the amending ordinance on second reading, upon holding the required public hearing. JGP\HSM\D MHF:mhflf:\Plan\$All\ccmemos11278bCM2.97 PAGE 2 OF 2 O M n rn 0 J-1 L7 C4 Z O 0 Ln (N1 1/4C) I N T1 �t c )-i co R cd ca 0 0 • a) •H pc) O by JJ z G ci bo c1) a) ) c (/) •r1 U U .f cd • 'Cf cn c G' a) r-1 �+ bo W ')4 • -I •r >, O +-+Cll b.L1 ai ,� co •rt 0 . y N co) U) pa • JJ b0 00 0 'O • 0 0 a) a) • •r -I •rf r•I • T! 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