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
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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.
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DJG\MHF\DISK#3\1164REC.93
December 27, 1993