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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
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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
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