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95-21609 RESO Incomplete on '" '" ... . ... ... Iii! lei 101 ~ lEU .!!~.! "! Iui IU ! ~ '~ ~I~ ~ ~ ~~ !... ~ ~ ~ ~ 1~~ ~ ~~\' 'i!~ fe 10 1- ~J 1;1 ~ ~ f S~ ~ ~ 'I,t --. IJ" ~ 0- ~ I ~ , --- -.:, ~ ~ ! i ~ ...f'\ ... * "Ii: ...... :II~:z: -- ~ ~~I t- ~ e i!, ~ t I U):. .. i 1. II 1 I ~ flU'; ,~ . 'r Jlf:ff1'81~1 ~J o lE .:It'5 IfliSij Il~lh J ~ i J 1 h! ~ I J;d J ':j'i'! ;Ui ,], d~ I,ll'! -en, ~s~-I I iijll~lf~Jlfi'll] ii~; ~ i es-Ic i ~hil*"l;ia.la. r '5 ililirll-z Hil" .I~. "i. 1'1 J81iUfi ~!I~II 1llli}slJ cJollllE:l!ci ~ ~ Q Q RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A DATE FOR A FIRST READING AND A DATE AND TIME FOR A SECOND READING AND PUBLIC HEARING ON 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 14-1, ENTITLED "PETITIONS FOR CHANGES AND AMENDMENTS", AMENDING SUBSECTION 14-2, ENTITLED "REVIEW BY PLANNING BOARD" AND AMENDING SUBSECTION 14-3, ENTITLED nACTION BY CITY COMMISSIONn BY REVISING PUBLIC NOTICE REQUIREMENTS AND OTHER PROCEDURES FOR APPLICATIONS, PLANNING BOARD REVIEW AND CITY COMMISSION ACTION 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; PROVIDING FOR A REPEALER. SEVERABILITY 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, 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, the City Attorney's Office drafted 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 14-1, entitled "Petitions for Changes and Amendments", amending Subsection 14-2, entitled "Review by Planning Board" and amending Subsection 14-3, entitled "Action By City Commission" by revising public notice requirements and other procedures for applications, Planning Board Review and City Commission action regarding proposed 14.1 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; providing for a repealer, severability and an effective date; and WHEREAS. on June 27, 1995 the Planning Board will hold a public hearing on the Ordinance and will transmit its recommendation on it to the Mayor and City Commission; and WHEREAS, pursuant to Subsection 14-3 of the City's Zoning Ordinance, the Mayor and City Commission must now consider the ordinance at a first reading, and if it passes on first reading, at a second reading which will also be a public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission will consider 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 14-1, entitled "Petitions for Changes and Amendments", amending Subsection 14-2, entitled "Review by Planning Board" and amending Subsection 14-3, entitled "Action By City Commission" by revising public notice requirements and other procedures for applications, Planning Board Review and City Commission action 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; providing for a repealer, severability and an effective date on first reading on June 21, 1995, and that, if the proposed Ordinance passes on first reading, a second reading and public hearing is hereby called to be held before the City Commission in its Chambers on the Third Floor of 14,2 City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on July 12, 1995, beginning at ,m" and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing 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 day of , 1995. ATTEST: MAYOR CITY CLERK SWS:scf:6.0disk8\sec-14.res /N71't./~ 14,3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO.~ Mayor Seymour Gelber and Memben of the City Commission DATE: JUNE 21, 1995 Jose Gareia-Ped....a IJ.J City Manager f' SETTING OF PUBLIC HEARING - 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 14-1, ENTITLED "PETITIONS FOR CHANGES AND AMENDMENTS", AMENDING SUBSECTION 14-2, ENTITLED "REVIEW BY PLANNING BOARD" AND AMENDING SUBSECTION 14-3, ENTITLED "ACTION BY CITY COMMISSION" BY REVISING PUBLIC NOTICE REQUIREMENTS AND OTHER PROCEDURES FOR APPLICATIONS, PLANNING BOARD REVIEW AND CITY COMMISSION ACTION 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; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City commission set a first reading on July 12, 1995 and tentatively set a second reading public hearing on July 26, 1995 to amend Section 14, entitled "Changes and Amendments" of Zoning Ordinance No, 89-2665, BACKGROUND The amendment was requested by the city Attorney in order for the City's Zoning Ordinance to be consistent with new notice of public hearing requirements that are pending final adoption from the State of Florida 1995 Legislative Session. Specifically certain amendments to municipal zoning ordinances as set forth in House Bill #2055 are proposed to be amended. The City Attorney's Office drafted the attached amending ordinance (see attached City Attorney Memorandum No. 422-95). PAGE 1 OF 3 1"1 AGENDA ITEM (1~1~~ G.-2\-q_~ DATE The Planning Board will hear the item at their June 25, 1995 regular meeting, Since it is imperative that the zoning ordinance is in compliance with State noticing requirements, the pUblic hearings for the city Commission are being set before the planning Board actually holds their public hearing, There is no logical reason why the Planning Board would not vote in favor of the amending ordinance and thus the premature setting of the public hearings. ANALYSIS The attached amending ordinance adds new language to Section 14, entitled "Changes and Amendments" of the current Zoning Ordinance No, 89-2665, What follows is an analysis of each section of the amendment, Section 1 amends SUbsection 14-1, entitled "Petition For Changes and Amendments" by clarifying what changes require a petition to amend the ordinance or the comprehensive Plan, This new language would conform to the proposed language within the amendment to the State Statute (see attached), Old language that refers to rezoning parcels of real property or substantially change permitted uses has been deleted. The new language (underlined) reads as follows: An application for a zoning ordinance amendment which would "chanqe the actual list of permitted, Conditional or prohibited Uses in a zoninq cateqorv or the actual zoninq map desiqnation of a parcel or oarcels of land" or the Future Land Use Map of the Comprehensive Plan may be submitted, etc... This new language is more precise than the existing code and includes specifically conditional or prohibited uses, Through out the proposed amendment, this new language has been inserted in place of the old reference. Those parties eligible to submit applications would not change. section 2 of the amending ordinance inserts this new language into the code Clarifying those proposed amendments which must be reviewed by the Planning Board before action is taken by the City commission. section 3 of the amendment contains changes to the existing notice of public hearing requirements, Notice requirements for use changes and rezoning hinge on the size of the parcels effected by the change, Currently, the determining factor for these types of PAGE 2 OF 3 ~ ~.... 172 amendments is whether or not the effected area is less than or greater than 5% of the land area of the city, The calculation for this requirement has been problematic and tedious at times when boundary limits of effected areas are not readily discernible, The amendment would change this percentage requirement to a much more easier to determine criteria of ten (10) contiguous acres, All other requirements would remain the same except for a new provision regarding cases that involve more then 10 contiguous acres and a change stipulating the minimum required size of the advertisement for the public hearing, Currently, both public hearings for requests greater than 5% of the land area of the City (which would be changed to greater than 10 contiguous acres) must be heard after 5 p,m. on a weekday, New language would be added that affords the City commission the option to hold one public hearing before 5 p.m. provided a majority vote plus one elects to conduct that hearing at another time of day, The other public hearing would still be heard after 5 p.m, The required advertisement for use or zoning amendments currently must be one quarter page in a standard size or a tabloid size newspaper, The amendment would require that the advertisement be no less than two columns wide by ten (10) inches long, This specific size has been suggested in order for maps than accompany these changes to be readable. Also, maps would show the qeneral effected area. The word "general" has been added to help mitigate challenges based on improper notice, ie., illegible map, Also, the word "community" would be struck and replaced with "City of Miami Beach" for the same definitive reason, CONCLUSION Based on the foregoing, the Administration recommends that the City Commission set a first reading on July 12, 1995 and tentatively set a second reading public hearing on July 26, 1995 to amend Section 14, entitled "Changes and Amendments" of Zoning Ordinance No. 89- 2665, DJG\MHF\DISK#10\1221CMS,95 PAGE 3 OF 3 173