Ordinance 97-3102ORDINANCE NO, 97-3102
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
CHANGE THE ACTUAL LIST OF PERMITTED,
CONDITIONAL OR PROHIBITED USES WITHIN A ZONING
CATEGORY, OR CHANGE THE ACTUAL ZONING MAP
DESIGNATION OF LAND, OR WHICH ARE TEXT
CHANGES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
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, Section 14-3, entitled "Changes and Amendments" of the City's Zoning
Ordinance was subsequently amended by Ordinance Nos. 95-3004 and 97-3066 in order to be
consistent with the new requirements of Section 166.041, Florida Statutes; and
WHEREAS, in order the further clarify the intent and scope of the changes to Section 14-3
of the Zoning Ordinance, the following additional minor changes are proposed.
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:
All ordinance amendments shall be enacted pursuant to the following procedure:
A. In all cases in which the proposed amendment changes the actual 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 involves 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 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. In all cases in which the proposed amendment changes the actual list of permitted,
Conditional, or prohibited uses within a zoning category, regardless of the acreage
of the area affected., or changes the actual zoning map designation of a parcel or
parcels of land : - :, " • , - - .:.. . . - - - involveaing ten (10)
contiguous acres or more, the City Commission shall provide for public notice and
hearings as follows:
1. 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. The 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. 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
2
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
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 place).
Except for amendments which change the actual list of permitted,
Conditional, or prohibited Uses within a zoning category, the advertisement
shall 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
(2) above, the City may mail a notice to each Person owning real property
within 375 feet of the area covered by the proposed amendment and to
Persons owning real property within the area that is the subject of the
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. 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 when a request to
change the actual zoning map designation of a parcel or parcels of land is initiated
by an Applicant other than the City of Miami Beach, then the following procedures
shall apply in addition to the applicable procedures in paragraphs A and B above:
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.
3
2. Immediately following the public hearing at the second reading, the City
Commission may adopt the ordinance.
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 29th day of November , 1997.
PASSED and ADOPTED this 19th day of November 1997.
ATTEST:
R'u
CITY CLERK
1st reading 9/24/97
2nd reading 11/19/97
n1T1kw
F. ATFO\TURN\RESOS\I4.3AMNO,OR3
4
ya
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
:MY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ittp:1\ci. m i am i-beach.fl. us
TO:
COMMISSION MEMORANDUM NO. 4.9 S -97
Honorable Mayor and
Members of the City Commission
FROM: Jose Garcia-Pedros
City Manager
DATE: November 19, 1997
SUBJECT: Second Read' Public Hearing- An Ordinance of the Mayor and City
Commission o 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 Change the Actual List of
Permitted, Conditional or Prohibited Uses Within a Zoning Category, or
Change the Actual Zoning Map Designation of Land, or Which Are Text
Changes; Providing for Repealer, Severability, Codification and an Effective
Date.
RECOMMENDATION
The Administration recommends that the City Commission adopt on Second Reading the subject
Ordinance, upon holding the required public hearing.
BACKGROUND
The City Attomey'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. In 1995 and 1997, the
City passed Ordinance Nos. 95-3004 and 97-3066, which amended Section 14 of the City's Zoning
Ordinance so that it would be consistent with the new requirements in Section 166.041, Florida
- Statutes. However, upon further review of Section 14-3, certain amendments are proposed which
would clarify and unify the requirements for zoning ordinance amendments. The proposals in the
attached Ordinance would accomplish this purpose.
On August 26, 1997 the Planning Board held a public hearing regarding the amendment and voted
unanimously (6-0, 1 vacancy) to recommend its approval. On September 24, 1997, the Commission
voted 5-0 to adopt the amendment on first reading. The second reading public hearing was originally
to be heard on October 21, 1997, but in order to meet the required public notice, said hearing was
re -set for today.
AGENDA ITEM R 5 A
DATE
1
ANALYSIS
Currently, Florida Statutes require that applicants for a zoning map change, other than a municipality
or local government, give 10 days' published notice of a single public hearing. In contrast, the State
law requires local governments to give mailed notice of one public hearing for zoning map changes
affecting less than 10 contiguous acres and to hold two public hearings, with publication notice for
both hearings, for zoning map changes affecting more than 10 contiguous acres.
In Ordinance No. 97-3066, language was added to require the same notice (g, publication and/or
mail notice) for both government and privately initiated zoning map changes. The minor
amendments proposed in the attached Ordinance clarify the requirement that privately initiated
changes must still comply with the State -mandated publication requirements in addition to the City's
requirements for mailed notice.
The language in the City's notice provisions is more restrictive than the State Statutes for
applications made by private applicants, but is in line with the notice required by the City for the
same type of change. The more restrictive requirements imposed by the City are authorized by
Section 166.041(6), Florida Statutes. City staff has a concern that the owners of land surrounding
the property subject to the proposed zoning change would not necessarily be aware of privately
initiated proposed changes when the only required notice is a published advertisement ten (10) days
prior to the single public hearing. Staff believes that State law is deficient by supporting the
assumption that a private application for this type of zoning change would have less of an impact
on or should require less notice to the surrounding properties than a similar 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 City
Commission and the Planning Board 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
the amendment on second reading.
JGPM\DJG
Miff : mhflf \Plan1.$A111ccmemos11315 CM 1.910
2
w
• M
N n I
O VO �t
-O --I
M (NI RI
1 I
N. O1 CO 0
O% CO Q) •r -I
00 +-)
•0 0 c.)
,jo z c cu
w o .0
41
c..) u
Ia U 0 CO
00
i Z •H r-4
O
4--1 b 1.) •r1
4.1 O 4-) 0
O 0 N •
b0 W E
O ctl
r1
O
c..) cep, to •
4 •
00 00 0 •
O 0 d •
•ri •r1 •
•'b-0-0 •
O 0 0 •
N N Q) •
,9 4