Miami-Dade Legislative Item
File Number: 030448
   

File Number: 030448 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: County Commission
File Name: VOTE REQUIREMENT ON REVIEW OF CZAB DECISIONS Introduced: 2/14/2003
Requester: NONE Cost: Final Action: 4/22/2003
Agenda Date: 4/22/2003 Agenda Item Number: 6I
Notes: Title: ORDINANCE RELATING TO ZONING; PERMITTING COUNTY COMMISSION REVERSAL OF COMMUNITY ZONING APPEALS BOARD (CZAB) ZONING DENIALS OR APPROVAL OF DEVELOPMENTS OF REGIONAL IMPACT WHEN (CZAB) HAS RECOMMENDED DENIAL, UPON A TWO-THIRDS VOTE OF COUNTY COMMISSIONERS PRESENT RATHER THAN TWO-THIRDS VOTE OF COMMISSIONERS THEN IN OFFICE; AMENDING SECTION 33-313 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING APPEALS BOARD
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/22/2003 6I Adopted F

Board of County Commissioners 4/10/2003 Reconsidered
REPORT: On April 10, 2003, the Board by motion duly made, seconded and carried reconsidered the foregoing resolution which was adopted as amended on April 8, 2003.

Board of County Commissioners 4/8/2003 6L Amended
REPORT: Commissioner Morales spoke in opposition to the foregoing proposed ordinance that would modify the Commission voting requirement to reverse Community Zoning Appeals Board's decisions. Discussion ensued among members of the Board regarding the proposed amendment by Commissioner Moss regarding the two-thirds plus one vote of all members present. In response to Commissioner Morales' inquiry regarding notification to Community Councils of this proposed ordinance, Assistant County Manager Pete Hernandez stated Miami-Dade County Department of Team Metro had sent notification to all Community Councils. Ms. Diane O'Quinn Williams, Director, Department of Planning and Zoning concurred that notices were sent and noted attempts were made through the Committee process to notify all Community Councils of this item by Team Metro. Commissioner Sorenson stated she would support the foregoing ordinance. Commissioner Barreiro stated he would accept the amendment proposed by Commissioner Moss. Commissioner Sorenson requested that a response be provided to the Board regarding notification to Community Councils of this proposed ordinance. It was moved by Commissioner Barreiro that the foregoing proposed ordinance be adopted as amended to change the voting requirement from two-thirds of the Board members present to two-thirds plus one of the Board members present to reverse any Community Zoning Appeals Board's decisions. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 8-2, (Commissioners Morales and Sorenson voted "No") (Commissioners Ferguson, Seijas and Souto were absent). (NOTE: On Thursday, April 10, 2003, the Board by motion duly made, seconded and carried reconsidered the foregoing proposed ordinance, and deferred it to the Board's next meeting scheduled for April 22, 2003.)

Governmental Operations and Environment Committee 3/4/2003 2Q Forwarded to BCC with a favorable recommendation P

Board of County Commissioners 2/20/2003 13DD Adopted on first reading 3/4/2003 P

County Attorney 2/14/2003 Assigned Governmental Operations and Environment Committee 3/4/2003

County Attorney 2/14/2003 Assigned Craig H. Coller

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; PERMITTING COUNTY COMMISSION REVERSAL OF COMMUNITY ZONING APPEALS BOARD (CZAB) ZONING DENIALS OR APPROVAL OF DEVELOPMENTS OF REGIONAL IMPACT WHEN (CZAB) HAS RECOMMENDED DENIAL, UPON A TWO-THIRDS VOTE OF COUNTY COMMISSIONERS PRESENT RATHER THAN TWO-THIRDS VOTE OF COMMISSIONERS THEN IN OFFICE; AMENDING SECTION 33-313 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-313 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 33-313. Appeals to Board of County Commissioners.
Any appealable decision of the Community Zoning Appeals Board may be appealed by an applicant, governing body of any municipality, if affected, or any aggrieved party, including neighborhood, community and civic associations, whose name appears in the record of the appropriate Community Zoning Appeals Board by filing with the Department a petition in a form prescribed by the Director and a written statement specifying in brief, concise language the grounds and reasons for reversal of the ruling made by the Community Zoning Appeals Board, together with a fee for the processing of the appeal, as provided by Administrative Order No. 4-40, as amended from time to time, within the fourteen (14) days provided by Section 33-312 hereof, whereupon, the Director shall transmit to the County Commission the appeal papers, and the decision and record of the Community Zoning Appeals Board. If the ground for reversal is a failure to provide notice as required by Section 33-310, the name of the appellant need not appear in the record. If the decision of the Community Zoning Appeals Board is for approval and has not been appealed within the fourteen-day period, the County Manager pursuant to Section 33-314(B)(8) or the Director may appeal such decision within four (4) additional days in the manner aforestated, except that a fee will not be required. Upon the taking of an appeal, the County Commission shall conduct a de novo hearing and shall consider why the decision of the Community Zoning Appeals Board should or should not be sustained or modified. By resolution, the Board shall either affirm, modify or reverse the Community Zoning Appeals Board's decision and such action of the County Commission shall be by a majority vote of all members present except that a two-thirds (2/3) vote of all members >>present<< [[then in office]] shall be required to reverse any Community Zoning Appeals Board decision denying a request for zoning action or to approve any Development of Regional Impact or modifications thereof, substantial deviation determination or related request pursuant to Section 33-314 where a Community Zoning Appeals Board's recommendation is for denial. No appeal shall be heard or considered until notice has been provided in accordance with the provisions of Section 33-310(c), (d), (e) and (f). With respect to appeals arising from the Downtown Kendall Urban Center District a two-thirds (2/3) vote of all members [[then in office]] >>present<< shall be required to reverse any Community Zoning Appeals Board decision denying a request for zoning action for a development proposed within the Center or Edge Sub-Districts of the Downtown Kendall Urban Center District. For any application for a development proposed within the Core Sub-District of the Downtown Kendall Urban Center District pursuant to Section 33-311 shall be decided by a majority vote of all members then in office.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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