City of Miami. Legislation. Resolution: R

Transcription

1 City of Miami Legislation Resolution: R City Hall 3500 Pan American Drive Miami, FL File Number: Final Action Date: 1/15/011 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING APRIL AND OCTOBER, 01, AS THE MONTHS FOR THE CITY COMMISSION TO CONSIDER MIAMI 1 ATLAS AMENDMENTS FOR THE YEAR 01, PURSUANT TO ORDINANCE NO , ARTICLE (B)(1), OF THE MIAMI 1 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to set the hearings in the months of April and October, 01, to consider Miami 1 Atlas amendments for the year 01, pursuant to Article , b.1, of the Miami 1 Code, the Zoning Ordinance, of the City of Miami, Florida, as amended, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section. The Miami City Commission hereby establishes April and October, 01, as the months for the City Commission to consider Miami 1 Atlas amendments for the year 01, pursuant to Ordinance No , Article (b)(1) of the Miami 1 Code, the Zoning Ordinance of the City of Miami, Florida, as amended. Section 3. This Resolution shall become effective upon its adoption and signature of the Mayor. {1} Footnotes: {1} This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 1 of 1 File Id: (Version: 1) Printed On: 1//011

2 City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL Enactment Number: R File Number: File Type: Resolution Status: Passed Version: 1 Reference: Controlling Body: Clerk File Name: Establishing Commission Hearing - Miami 1 Atlas Amendments Introduced: 11/8/011 Requester: Department of Planning Cost: Final Action: 1/15/011 Title: Sponsors: Notes: A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING APRIL AND OCTOBER, 01, AS THE MONTHS FOR THE CITY COMMISSION TO CONSIDER MIAMI 1 ATLAS AMENDMENTS FOR THE YEAR 01, PURSUANT TO ORDINANCE NO , ARTICLE (B)(1), OF THE MIAMI 1 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. Indexes: Attachments: Summary Form.pdf, Legislation.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Attorney 11/30/011 Reviewed and Approved 1 City Commission 1/15/011 ADOPTED Pass 1 Office of the Mayor 1//011 Signed by the Mayor Clerk 1 Clerk 1//011 Signed and Attested by City Clerk City of Miami Page 1 Printed on 1//011

3 City of Miami Legislation Resolution: R City Hall 3500 Pan American Drive Miami, FL File Number: Final Action Date: 9/16/010 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE MONTH OF OCTOBER AS THE MONTH FOR INITIAL CITY COMMISSION HEARINGS IN WHICH MIAMI 1 ATLAS AMENDMENTS WILL BE CONSIDERED FOR THE YEAR 010, AND ESTABLISHING THE DATES FOR THE CITY COMMISSION TO CONSIDER MIAMI 1 ATLAS AMENDMENTS FOR THE YEAR 011 AS BEING IN APRIL AND OCTOBER OF 011, PURSUANT TO ORDINANCE NO , ARTICLE (B)(1), OF THE MIAMI 1 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to set the initial City Commission hearing date in which Miami 1 Atlas amendments will be considered for the year 010, and to establish the dates for City Commission to consider Miami 1 Atlas amendments for the year 011, pursuant to the Miami 1 Code, Article ( b)(1), of the Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section. The Miami City Commission hereby establishes a date for the month of October as the month for the initial City Commission hearings in which Miami 1 Atlas Amendments will be considered for the year 010, and establishes the dates for the City Commission to consider Miami 1 Atlas amendments for the year 011 as being in April and in October of 011, pursuant to Ordinance No , Article (b)(1) of the Miami 1 Code, the Zoning Ordinance of the City of Miami, Florida, as amended {1} Section 3. This Resolution shall become effective upon its adoption and signature of the Mayor. Footnotes: City of Miami Page 1 of File Id: (Version: ) Printed On: 1/1/010

4 File Number: Enactment Number: R {1} This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page of File Id: (Version: ) Printed On: 1/1/010

5 City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL Enactment Number: R File Number: File Type: Resolution Status: Passed Version: Reference: Controlling Body: Clerk File Name: Miami 1 Application Period Introduced: 8/30/010 Requester: Honorable Mayor Tomas Cost: Final Action: Regalado 9/16/010 Title: Sponsors: Notes: A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE MONTH OF OCTOBER AS THE MONTH FOR INITIAL CITY COMMISSION HEARINGS IN WHICH MIAMI 1 ATLAS AMENDMENTS WILL BE CONSIDERED FOR THE YEAR 010, AND ESTABLISHING THE DATES FOR THE CITY COMMISSION TO CONSIDER MIAMI 1 ATLAS AMENDMENTS FOR THE YEAR 011 AS BEING IN APRIL AND OCTOBER OF 011, PURSUANT TO ORDINANCE NO , ARTICLE (B)(1), OF THE MIAMI 1 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. Indexes: Attachments: Legislation-SUB.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Attorney Attorney Action Note: 9/3/010 9/8/010 Reviewed and Approved Reviewed and Approved MODIFICATIONS MADE BY LAW City Commission 9/16/010 ADOPTED Pass Office of the Mayor 10/4/010 Signed by the Mayor Clerk Clerk 10/4/010 Signed and Attested by City Clerk City of Miami Page 1 Printed on 1/1/010

6 City of Miami Legislation Ordinance: 1311 City Hall 3500 Pan American Drive Miami, FL File Number: Final Action Date: 10/14/010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 6, ENTITLED "ZONING AND PLANNING" TO UPDATE SECTION 6-31 "APPLICATIONS FOR PLAN AMENDMENTS", ALIGNING THE DATE FOR COMPREHENSIVE PLAN AMENDMENTS AND MIAMI 1 ATLAS AMENDMENTS WITH THE OBJECTIVE OF FULLY UTILIZING THE TWO () PLAN AMENDMENT OPPORTUNITIES IN A CALENDAR YEAR AS PROVIDED BY FLORIDA STATUTES , CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami's newly adopted Zoning Ordinance No (Miami 1 Code) requires City Commission to set semi-annual Application dates for zoning amendments, per Article b.1.; and WHEREAS, related zoning atlas and future land use map amendment applications must run concurrently in order to maintain consistency with the City of Miami Comprehensive Neighborhood Plan and Florida Statutes; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend the Code of the City of Miami, Florida, as amended ("City Code"), as hereinafter set forth by amending and updating Section 6-31, entitled "Procedures for amending the comprehensive plan," to align dates for Comprehensive Plan Amendments and Miami 1 Atlas amendments to fully utilize the two () plan amendment opportunities in a calendar year as provided by Florida Statutes ; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section. Chapter 6 of the City Code, is amended in the following particulars: {1} "CHAPTER 6 ZONING AND PLANNING * * * * ARTICLE II. COMPREHENSIVE PLANNING; * * * * City of Miami Page 1 of 6 File Id: (Version: ) Printed On: 1/1/010

7 File Number: Enactment Number: 1311 SECTION PROCEDURES FOR AMENDING THE COMPREHENSIVE PLAN * * * * (b) Applications for plan amendments. Applications may be made by: (1) The city commission which may by motion, direct the planning, building and zoning departments to prepare an amendment for submissions and review by the planning, zoning and appeals board with or without regard for the semiannual schedule in the next full paragraph of this section. () The planning, building and zoning departments. (3) Any other department or agency of the city. (4) The owner or agent or attorney for the owner of property, pursuant to subsections (a)(3) and (4) based on the advice of the planning, building and zoning departments that a plan amendment is necessary. With the exceptions noted in subsections (b)(1) and (e)(1) through (6) of this section, applications for plan amendments, as described in subsection (a), can only be filed semiannually with the planning, building and zoning departments up to, but no later than, forty five (45) days before the first hearing of the planning zoning and appeals board in the month of March and up to, but no later than, forty five (45) days before the first hearing of the planning zoning and appeals board in the month September. October 1 and up to April 1 of the following year which, iif accepted, the application will be scheduled for the planning, zoning and appeals board public hearing in the months of March and September November and May, respectively, unless no applications have been filed by October 1 in which case, applications can be filed during the period October 1 to April 1, for an ensuing the planning, zoning and appeals board agenda without regard for the aforementioned dates, with the objective of utilizing the two () plan amendment opportunities in a calendar year. For the exceptions noted in subsections (b)(1) and (e)(1) through (6) of this section, the planning, building and zoning departments will schedule the amendment on an agenda of the planning, zoning and appeals board within days of the acceptance of the application, except for the month of August. This procedural scheduling restriction shall not apply to applications by the city. All applications for plan amendments shall be submitted in writing to the planning, building and zoning departments. Applications under subsection (b)(4) shall contain a notarized statement by the owner of the property, his agent or his attorney, that the facts as represented on the application are true and correct to the best of the owner's knowledge or that of his attorney or agent. Applications shall be accompanied by all pertinent information required by this article and which may be required for proper consideration of the matter, including an owner's affidavit, financial disclosure and a certified list of owners and their addresses of all properties within feet of the subject property along with payment of all fees and advertising charges. Applications shall not be deemed as accepted by the planning, building and zoning departments unless all appropriate information is supplied to the satisfaction of the planning, building and zoning departments, most particularly, the Office of Hearing City of Miami Page of 6 File Id: (Version: ) Printed On: 1/1/010

8 File Number: Enactment Number: 1311 Boards. No private application will be accepted unless, as required, a companion application for a change of zoning is also filed. Where companion applications are filed for both plan amendments and zoning amendments for the same property, pursuant to subsections (a)(3) and (4), only one set of owner affidavits, financial aid disclosure forms and property owners' list must be filed. Where companion applications are filed for both plan amendments and zoning amendments pursuant to subsections (a)(3) and (4), the plan amendment will be scheduled on an agenda of the planning, zoning and appeals board such that the public hearing occurs prior to the public hearing by the planning, zoning and appeals board on the zoning amendment. (c) Review and recommendation by the planning, building and zoning departments. All plan amendments shall be reviewed and recommended by the planning, building and zoning departments. This finding will consider whether the land use, densities and intensities proposed are compatible with and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan, provided further that the comprehensive plan shall be construed broadly to accomplish its stated purposes and objectives. Recommendations must be on file for public review ten (10) days prior to public hearing. Applications will not be permitted to be revised within the ten-day period prior to the public hearing (and subsequently) unless the revision is made in public hearing with full disclosure. (d) Review and recommendation by the planning, zoning and appeals board. The planning, zoning and appeals board, the local planning agency for the city, will conduct a public meeting. Notice shall be given of the public hearing as set out in subsections 6-19(1) and (4); in addition, the planning, zoning and appeals board may, for the particular hearing involved, give such additional notice as it may deem proper to the subject of the hearing and circumstances therein involved. Upon completion of such hearing, the planning, zoning and appeals board may recommend to the city commission by not less than five (5) affirmative votes, the adoption by the city commission of the plan update, or portion thereof or plan amendment, upon which the public hearing was held. The board resolution of recommendation shall refer expressly to the maps, descriptive material and other data intended by the planning, zoning and appeals board to form the whole or the part of the plans upon which the public hearing was held. Where the recommendation of the planning, zoning and appeals board is not in accord with earlier recommendations of the planning, building and zoning departments, the planning, building and zoning departments shall submit to the city commission its recommendation in the matter. When a plan update has been recommended, pursuant to subsections (a)(1) and (), the action taken and the recommendation made by the planning, zoning and appeals board shall be recorded on the recommended plan, together with the signature of the executive secretary of the planning, zoning and appeals board, which shall be affixed thereto as certifying to the action taken and the recommendation made and the date of such action and recommendation; and the signature of the directors of the departments of planning, building and zoning shall be affixed as certifying that the requisite hearing or hearings were held on the dates certified. The recommended copy of the plan update, or portion thereof or plan amendment, shall be a part of the permanent and public records of the planning, zoning and appeals board. (e) Adoption by the city commission. The city commission shall hold at least two () advertised public hearings on the proposed plan amendment. The first public hearing upon the updated plan or portion thereof or plan amendment shall be held within 60 days from the date of the planning, zoning and appeals board public hearing, unless the plan amendment is sponsored by the city. Notice of such public hearing by the city commission shall be given as set out in subsections 6-19(1) and (4) no less than ten (10) days in advance of the public hearing. Except as provided below, the first public City of Miami Page 3 of 6 File Id: (Version: ) Printed On: 1/1/010

9 File Number: Enactment Number: 1311 hearing shall be held for the purpose of transmitting or not transmitting the plan amendment, as recommended by the city commission to that the state land planning agency, allowing a minimum of 90 days for review and written comment, as identified in F.S. Chapter 163. The intention to hold a second public hearing shall be announced, and the city commission shall establish a date certain for the second public hearing. Except as provided in subsections (b)(1) and (e)(1) through (6), the city commission shall consolidate all proposed plan amendments into a single submission for each of not more than two () plan amendment adoption times during the calendar year. The exceptions are: (1) In the case of an emergency, as defined by F.S (1)(a) (009), as amended. () Any plan amendments directly related to a proposed development of regional impact, including changes which have been determined to be substantial deviations and including Florida quality developments pursuant to state statute as defined by F.S (1)(b) (009), as amended may be initiated by the planning, zoning and appeals board and considered by the city commission at the same time as the application for development approval using the procedures provided for plan amendments, without regard to limits on the frequency of consideration of plan amendments. Nothing in this subsection shall be deemed to require favorable consideration of a plan amendment solely because it is related to a development of regional impact. (3) Any local government c Comprehensive plan amendments directly related to proposed small scale development activities as defined by F.S (1)(c) (009) not accompanied by a change of zoning to the same property. (4) Corrections, updates and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the plan; or the date of construction of any facility enumerated in the capital improvements element may be accomplished by ordinance and are not required to follow these procedures. Corrections, updates or modification of current costs which were part of the comprehensive plan may be accomplished by ordinance and are not required to follow these procedures. (5) Irrespective of the notice requirements in sections 6-18 and 6-19, small scale development activity plan amendments pursuant to this paragraph require only a legal advertisement in a newspaper of general circulation. (6) Any other exceptions as may be defined by state law. The city commission, upon receipt of written comments from the state land planning agency, shall hold a second public hearing for the purpose of adopting the plan amendment in the months of June and December, and shall take legislative action within 60 days of receipt. It shall be held on a weekday approximately ten (10) days after the day that the second advertisement is published. The city commission shall review the written comments, if any, submitted by the state land planning agency and any other person, agency or government. Upon such public hearing, the city commission may thereafter adopt the comprehensive plan City of Miami Page 4 of 6 File Id: (Version: ) Printed On: 1/1/010

10 File Number: Enactment Number: 1311 amendment pursuant to an evaluation and appraisal report as recommended by the planning, zoning and appeals board, or modify the plan or portion thereof. Other plan amendments pursuant to subsections (a)(1), (3) and (4) may be adopted, adopted with modifications or rejected. Any comprehensive plan update, or portion thereof or plan amendment or modification thereto, shall become effective only upon adoption by ordinance by the affirmative vote of not less than three (3) members of the city commission. The city clerk shall transmit the comprehensive plan update or portion thereof or plan amendment, as adopted, to the state land planning agency within five working ten days of adoption. The effective date of the adopting ordinance shall be the expiration date of the appeal period following the issuance of a notice of intent or other approval by the state land planning agency finding the amendment in compliance. 45 days from the date of adoption to allow the state land planning agency to issue a notice of intent to find the comprehensive plan update or portion thereof or plan amendment, as adopted, is in compliance or not in compliance with state statutes. Upon receipt of a notice of intent from the state land planning agency finding that the comprehensive plan or plan amendment is not in compliance with state statutes or upon receipt of an administrative order from the Florida Administrative Commission finding that the comprehensive plan or plan amendment is not in compliance and specifying remedial action, such order shall be listed as a public hearing item on the next available city commission agenda with ten days' public notice. The city commission may either undertake amendments by ordinance or refer the item to the planning, zoning and appeals board for recommendation. In either instance, no transmittal is required to the state land planning agency following first reading; any amendment shall not be counted toward the limitation on annual plan amendments and only ten days' notice shall be required. The city clerk shall transmit the final action of the city commission to the Florida Administrative Commission within five days of the second reading. * * * * *" Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. signature of the Mayor. {) This Ordinance shall become effective immediately upon its adoption and Footnotes: City of Miami Page 5 of 6 File Id: (Version: ) Printed On: 1/1/010

11 File Number: Enactment Number: 1311 {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File Id: (Version: ) Printed On: 1/1/010

12 City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL Enactment Number: 1311 File Number: File Type: Ordinance Status: Passed Version: Reference: Controlling Body: Clerk File Name: Miami 1 Atlas Amendments Introduced: 9/8/010 Requester: Department of Planning Cost: Final Action: 10/14/010 Title: Sponsors: Notes: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 6, ENTITLED "ZONING AND PLANNING" TO UPDATE SECTION 6-31 "APPLICATIONS FOR PLAN AMENDMENTS", ALIGNING THE DATE FOR COMPREHENSIVE PLAN AMENDMENTS AND MIAMI 1 ATLAS AMENDMENTS WITH THE OBJECTIVE OF FULLY UTILIZING THE TWO () PLAN AMENDMENT OPPORTUNITIES IN A CALENDAR YEAR AS PROVIDED BY FLORIDA STATUTES , CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Indexes: Attachments: Summary Form FR/SR.pdf, Legislation FR/SR.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: Attorney 9//010 Review Pending City Commission 9/3/010 PASSED ON FIRST READING Pass Attorney 10/4/010 Reviewed and Approved City Commission 10/14/010 ADOPTED Pass Office of the Mayor 10//010 Signed by the Mayor Clerk Clerk 10/6/010 Signed and Attested by City Clerk City of Miami Page 1 Printed on 1/1/010