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repealed.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.
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