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Resolution 94-21013 • 1 1 � RESOLUTION NO. 94-21013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE 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 City Attorney's office and the Planning,' Design and Historic Preservation Services Division have recommended that the City amend City of Miami Beach Zoning Ordinance No. 89-2665 by 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; and WHEREAS, the proposed amendments 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 advertising costs associated ' with such amendments may be reduced; and WHEREAS, on December 21, 1993 the City's Planning Board held a public hearing regarding the proposed amendments, after which the Board voted 7 to 0 in favor of the amendments; and WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89- 2665, the proposed ordinance must now be considered by the City Commission at public hearings. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider an ordinance 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, is hereby called to be held before the City Commission in its Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 2; , 1994 beginning at 4:30 p.m. , and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearings in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 5th day • + January , 1994. ATTEST: -•YOR qUtAckij_ IP, CITY CLERK SWS:scf:disk6\chg-amnd.res FORM APPROVED LEGAL DEPT. By a t'D Date ,s'ws. 2 1: CITY OF MIAMI BEACH el:1111 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX:.(305) 673-7782 COMMISSION MEMORANDUM NO. Q.. _ 9 L( TO: Mayor Seymour Gelber and DATE: Jan. 5, 1994 Members of the City Commission FROM: Roger M. Carl 4�� City Manager SUBJECT: AMENDMENT TO ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 14, PERTAINING TO REVISED PROCEDURES FOR CONSIDERATION OF PROPOSED ZONING ORDINANCE AND COMPREHENSIVE PLAN AMENDMENTS BY THE PLANNING BOARD AND CITY COMMISSION - SETTING PUBLIC HEARING ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set a public hearing for first reading of the attched ordinance amending Zoning Ordinance 89-2665. BACKGROUND The Administration is requesting the City Commission to consider an amendment to the current Zoning Ordinance regarding the City's procedures for enacting Zoning and Comprehensive Plan amendments. The changes are necessary to clarify and bring said City procedures into compliance . with Chapter 163 of the Florida. Statutes 1991, • Rules 9J-5 and 9J-11, of the Florida Administrative Code and the Public Participation Procedures of the Comprehensive Plan. The changes are also reflective of the recent amendment to the City's Charter. The Planning Board, at its meeting of December 21, 1993, voted unanimously (7-0) to recommend in favor of the proposed amendment. ANALYSIS The proposed changes outlined in the attached Ordinance are designed to streamline the amount of time necessary for enactment of certain ordinances and reduce the advertising costs for said amendments. Also, amendments to the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan are now specifically detailed in the new regulations to avoid confusion in the future. One proposed major change to existing procedures involves cases in which the proposed amendment contains less than five (5%) percent of the total land area of the City. Currently the City Commission would hold two (2) public hearings on these proposed ordinances after the Planning Board public hearing. The new language proposes the City Commission hold only one (1) public hearing after the Planning Board public hearing and the proposed ordinance amendment may be approved immediately following that public hearing. (See page 6) . 126 AGENDA -9 ITEM DATE • The proposed change to cases dealing with more than five (5%) of the total land area of the City only contains the addition of new text stipulating that both City Commission hearings shall be held after 5 p.m. per existing Statutory requirements. This regulation had already been a policy of the City Commission and will now be codified by the amendment. Another change to the existing text, amends the existing time requirement from fifteen (15) days to ten . •(10) days for advertisement of amendments to the Zoning Ordinance which do not rezone specific parcels.of private property or substantially change a permitted use category in a zoning district. This change would afford the staff to most City Boards that. hold public hearings, an extra five (5) days of preparation time to finalize their respective advertisements. These Boards may include the Zoning Board of Adjustment, Design Review Board, Historic Preservation Board, the Planning Board .and other various City Boards. CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should proceed to set a public hearing to consider these amendments to Zoning Ordinance No. 89-2665. r DJG\MHF\DISK#3\1164REC.93 December 27, 1993