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Ord No 14-11-2087ORDINANCE NO. 14-11-2087 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth that the Planning and Zoning Director is the responsible City Administrator to make final interpretations of regulations contained in the Land Development Code and by amending Section 20 -1.9 entitled "Interpretation" providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, Section 20 -1.9 entitled "Interpretation" of the South Miami Land Development Code does not specify which Administrative Official is responsible for interpreting provisions of the Code; and WHEREAS, in recent months several outside parties have requested the City Manager and City Attorney to overturn a decision or interpretation and interpretation of LDC provisions made by the Planning and Zoning Director; and WHEREAS, the City Manager and the City Attorney have requested the Planning and Zoning Department to modify the Land Development Code to clarify who is responsible for interpretation of provisions in the Code; and WHEREAS, the Planning and Zoning Department prepared an amendment to the Land Development Code to include in Section 20 -1.9 that the Planning and Zoning Director is the responsible party to make interpretations of Land Development Code provisions and setting forth a special appeal process; and WHEREAS, the Planning Board at its January 25, 2011 meeting after public hearing, adopted a motion by a vote of 6 ayes I nay recommending that the proposed amendment be denied; and WHEREAS, the Administration is supportive of the need to specify that the Planning and Zoning Director is the responsible party to make interpretations of Land Development Code provisions; and WHEREAS, the City Commission desires to accept the recommendation of the Administration and enact the aforesaid amendments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -1.9, entitled "Interpretation" is hereby amended as follows: Section 20-1.9 Interpretation. (A) Ordinary Meaning. Words shall be given their ordinary and common meaning, and where a word or words may be interpreted in more than one manner, the more restrictive meaning shall apply. (B) The interpretation of any provision in this Code and the application of regulations contained in this Code to any property shall be the responsibility of the Plannina and Zoning Director. Ord. No. 14 -11 -2087 2 =03=).LCJ Invalid Interpretation. No verbal or written communications by staff in the interpretation of the provisions of this Code shall be considered binding on the City if such communications are subsequently found to be invalid or incorrect by the City administration or City Commission." Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 15th day of March , 2011 ATTEST: a APPROVE. CITY CLERK MAYO I st Reading — 2/15/11 2 °d Reading — 3/15 /1 1 READ AND APPROVED AS TO FORM AND SUFFICIENCY: X: \Comm Items\201 1\2-15-1 ITDC Amend Zoning Interp Ord.doc COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 4 -0 Yea Yea out of room Yea Yea South Miami CITY OF i 1 i i a , INTER-OFFICE ♦'A To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D', City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: February 15, 2011 ITEM No. Subject: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth that the Planning and Zoning Director is the responsible City Administrator to make final interpretations of regulations contained in the Land Development Code and establishing an appeal procedure, by amending Section 204.9 entitled "Interpretation" providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND The Planning and Zoning Department was advised by the City Manager and the City Attorney that it is necessary to modify the Land Development Code to clarify who is responsible for interpretation of provisions in the Code. In recent months an interpretation of an LDC provision made by the Planning and Zoning Director was brought to the attention of the City Manager and City Attorney by an outside party seeking to have the Director's decision or interpretation overturned. It was determined that the Code was not sufficiently clear to spell out who was the responsible decision maker. CURRENT LDC REGULATIONS The only Land Development Code provision related follows: "20 -1.9 Interpretation. to interpretation is spelled out in Section 20 -1.9 as (A) ordinary Meaning. Words shall be given their ordinary and common meaning, and where a word or words may be interpreted in more than one manner, the more restrictive meaning shall apply. (B) Invalid Interpretation. No verbal or written communications by staff in the interpretation of the provisions of this Code shall be considered binding on the City if such communications are subsequently found to be invalid or incorrect by the City administration or City Commission. " It is important to note that the Land Development Code Section 20- 6.1(A) establishes that the City Commission shall "Make final judgment on appeals of administrative decisions. " . PROPOSED LDC AMENDMENT It is very common in zoning to specify that the Director of Planning and Zoning is the responsible individual to interpret the provisions of the Land Development Code. The City of Coral Gables provides a very elaborate and formal process to appeal an interpretation or decision by City staff including public hearings by a Board of Adjustment and City Commission. In order to clarify the responsible administrator for interpretation of Land Development Code regulations and set forth a simple appeal process, the following two amendments (B) and (C) were proposed to the Planning Board: "Section 20-1,9 Interpretation, (A) Ordinary Meaning Words shall be given their ordinary and common meaning, and where a word or words may be interpreted in more than one manner, the more restrictive meaning shall apply. (13) The interpretation of any provision in this Code and the application of regulations contained in this Code to any property shall be the responsibility of the Planninz and Zoning Director. (C) An arieved property owner whose property or development activity is subiect to an interpretation of this Code by the Planning and Zoning Director and who feels that the order, requirement decision or interpretation is in error may appeal to the City Commission to reverse,_ uphold or modify the interpretation. =(G4jDJ Invalid Interpretation. No verbal or written communications by staff in the interpretation of the provisions of this Code shall be considered binding on the City if such communications are subsequently found to be invalid or incorrect by the City administration or City Commission. " on January 25, 2011 conducted a public hearing and adopted a motion ADMINISTRATION RECOMMENDATION The Administration recognizes that it is common practice for a municipality's Planning Director to interpret provisions of the Land Development Code and therefore, notwithstanding the Planning Board's recommendation, proposed Sec. 20 -1.9 (B) should be adopted. The proposed new provision (C) above is not required as the City Commission is already tasked with making "...final judgment on appeals of administrative decisions. " It is recommended that the attached draft ordinance be adopted on first reading. Backup Documentation: Draft ordinance Planning Dept. Staff Report 1 -25 -11 TJV /SAY XlComm Items\201 M-1 5-1 IEDC Amend Zoning Interp CM Reportdoc 2 To: honorable Chair and Planning Board Members Prom: Thomas J. V ageline, Director Planning and Zoning Department Date: January 25, 20711 Re: LDC Amendment - Zoning Code Interpretation PBW11 -007 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth that the Planning and Zoning Director is the responsible City Administrator to make final interpretations of regulations contained in the Land Development Code and establishing an appeal proeedure, by amending- Section 20 -1.9 entitled "Interpretation" providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROIIl�lI3 The Planning and Zoning Department was advised by the City Manager and the City Attorney to modify the Land Development Code to clarify who is responsible for interpretation of provisions in the Code. In recent months an interpretation of an LDC provision made by the. Planning and Zoning Director was brought to the attention of the City Manager and City Attorney by an outside party seeking to have the Director's decision or interpretation overturned. It was determined that the Code was not sufficiently clear to spell out who was the responsible decision maker, C1jli,;tRi . NT LDC 2L+ GULATIOI\S The only Land Development Code provision related to interpretation is spelled out in Section 20 -1.9 as follows: ` °2©-1.9 Interpretation. (A) Ordinary. Meaning. Words shall be given their ordinary and common meaning, and where a word, or words may be interpreted in more than one manner, the more restrictive meaning shall apply. ($) Invalid Interpretation. No verbal or written communications by staff in the interpretation of the provisions of this Code shall be considered binding on the City if such communications are subsequently found to be invalid or incorrect by the City administration or City Commission. " In addition it is important to note that the Land Development Code Section 20- &.1(A) establishes that the City Commission shall "Make final judgment on appeals of administrative decisions. " Secdon20 - -63 Administrative entities. (A) City Commission. (2) Powers and duties. (e) The city commission may. Amend the provisions of the adopted Comprehensive Plan and this Code; ii. Change zoning district boundaries; iii. Authorize home occupational licenses; iv. Grant variances from the provisions ofthis Code; V. Permit the continuation of nonconforming uses; V1. Authorize special uses; and vii. Make final judgment on appeals of administrative decisions. PROPOSE' D LDC AMENDMENT It is very common in zoning to specify that the Director of Planning and Zoning is the responsible individual to interpret the provisions of the Land Development Code. The City of Coral Gables provides a very elaborate and formal process to appeal an interpretation or decision by City staff including public hearings by a Board of Adjustment. and City Commission. In order to clarify the responsible administrator for interpretation of Land Development Code regulations and set forth a simple appeal process, the following two amendments (B) and (C) are proposed: "Section 20-1.9 Interpretation. (4) Ordinary Meaning. Words shall be given their ordinary and common meaning, and where a word or words may be interpreted in more than one manner, the more restrictive meaning sha11 apply. (C) An aeerieved property owner whose properiv or development activity is subiect to an 2 =(C=4 1D Invalid Interpretation. No verbal or written communications by staff in the interpretation of the provisions of this Code shall be considered binding on the City if such communications are subsequently found to be invalid or incorrect by the City administration or City Commission. " RECOMAO+N%DATION It is recommended that the amendments as set forth above be approved. Backup XDOcuMentatiOn: Public Notices T!V/SAY 7C\PBW)3 Agendas Staff Reports12011-Agendas StaffReportsU- 2S- 11TB -t1 -007 EAC Amend Zoning Interp -doc $ § $, ZI\ � v , kSul \ \! /) §E } |! |§ (\ \ ) §| !E !; i� ( � ( ( Fife C¢przass.I UMn,dnw Mrybm¢budtMnao. 31> �Fkghulifgi ,lWga'eas.rownfa,ppbLe]69AO0 9i0 Aya¢roAvare¢ Compl¢totyupd¢rN RjtnAF' M,dwodfl d4easttonikrt4,armd, YM1Insteaomxsear gue0e,,naeda BaYM on Instead axes Monsarc3teStma< SapWnierted3) >.av,J,hxNNg r,¢edanre,b!a BI<hon,0ue9apgdwu,rysd $0'v0,¢0¢ . COCOMUT GROYE • RRZ CARI.TON RESIDENCES Error ellod offo uff N fir fvonnmg Y(sSwiJlekla<t6oY•!e<"rd¢rt.i yebal'�urzj.3vvcA'vo CORAL GABLES M1,100 -55 Mouldt Woy, 1151¢ BawN(ell)U w skfi blkxsy MxoeAmgwuca froome Cecilia Samaja 6sfate Agent MOBILE .1 305343,5443 EMAIL 1 aamajarroneenthe6ysrealtywm. CITY OE SOUTH MIAMI COURTESY NOTICE: NOTICE 15 HERESY gives that the City Commission of the City of South Miami, Fares will conduct Public Hearings at its regular City Commission meeting scheduled Toy T¢esdmr.•ofja,Cc t 1,.gayt, begmning at 79D pan. ,,m the City Commission Chambers, 6160 Sunset [Yoe, to consider the following (te nish . I 'a-Orttlnance amending the tend Development Code In order to set forth that the PTanneg) and Zoning {tractor is the moponsiblo City Administrator to melee Gnat imelpl'elefila s of regulators contained In life Land Development Code and establishing an appear , '!pe dare, by amontling Switch 20,1,9 entitled "Inlerprota[ion °. ,� :An Ordinance alnarHlup the Land Development Code to piece In one article all ome t! escalations padalting to hlstorm oreitsmumn lar amending Section 20.6.1 (0)(0}(ej Whisd to be M, Ste Standards"; An Ordnance amending the Land' Development Code Section 20.5.0(8)(1) Witted "Special 6xcelaxwe' In order to reduce the time limit for commencing and completing a development project which has been granted a special exception In a Transit Created Development DaUlot QODD), An Ordinance eLtrolhing the City Manager (o flnance up to six (6) new'poilce webicles ' for an amount nand excsed 5165,00q and accepting the interest ale of 2.44yo through Su k, nT(ust Rwahetging Debt Service- Pdnclpai Accuses No. D01.1910.521.7110 and De4t5ervics- mtams(As unt No.005Ag19.62t.72n0, A Resoftion wihosting the CIty Manager to exewle an agreement Witt the company Csaquagele Inc., st o known[ as Ocaquatlos,Swin School 11, the top ranked respondent for Cite Murray Park Community Pool Operator Request for Proposals (RFP) No. SM -FN 201045, to provide consulting services as Pet or the Clit Murray Carle Community Past Deeign(Suild Teem and to provide ftempmns management thereafter the faclldy's constmct(on, Inclusive of ail costs and requiring no whom fee from Hie Clly, for the cleanse's Johial tlaee (3) year term and ifs two (2) one (1) yew options to renew for a total lerwor two (5) years. A Resolutlon of the Mayor "and City, Commission of the City of South Mtarrn, Florida, wtbo Bind the City Manager W an agreement with the coilefdon firm provid "pig debt collection services for a percentage of the principal amount owed (o the City end collecting said fee as a pseceidega of the outstanding principal. this ag!a•!imenl stif be for the duration of an Initial true (3) year period with tyro (2) one (1) year option to renew periods, fora possible total loam office (5) years, and providing on effective date. A Resolution of the Mayor and Coy Commission of rite City of South Miami, Florida aulhaking the Cltytduwsto 1ptovltoacontractwith LaRueo the ngand Management Separtm Ina forthe in separation (consultant ompresto Ina Planning and Zoning Appraised drt to assts[ Tn the a meant of !h¢ 2002 Comprehensive Plan Eand FY 2 and Appraisal Repction Of se the am owl of $30,009 tolat for FY 2000.2que and FY Posal 2012; the selection of the cum is a result c oIe here the Plan Planning Request far Proposal process; No. 00g lorthe contract shall coma from the ; and and Zoning Department date. Aocdunt NoA0Dt620S24 -3950 (Contractual Services): and ptovftling an effective data. For further infwmwlaf %please contact the City Cioles Chas 0 (305) 663.6340. ALL interested parties are invited to attend ant will be heard, Marta M. Mworaft , CMC City Clark Pufsum to Florida Statutes 256.0105, the City hereby advises The public that 5 a person decides to appeal any decision made by this Soand, Agency or Commission with respect to any metier considered at Its meeting or.beadng, he or she will need a record of the proceedings, and that for such purpose, defted person may need to ensure that a vethAlim record of the immodings Is made which reaoidhicheW the testimony and evidence upon which the dppeai is to be based• 20SIE SUNDAY, FEBRUARY 20,2011 sE MiamiNeraid.com 1 THE MIAMI HEOALD Fife C¢przass.I UMn,dnw Mrybm¢budtMnao. 31> �Fkghulifgi ,lWga'eas.rownfa,ppbLe]69AO0 9i0 Aya¢roAvare¢ Compl¢totyupd¢rN RjtnAF' M,dwodfl d4easttonikrt4,armd, YM1Insteaomxsear gue0e,,naeda BaYM on Instead axes Monsarc3teStma< SapWnierted3) >.av,J,hxNNg r,¢edanre,b!a BI<hon,0ue9apgdwu,rysd $0'v0,¢0¢ . COCOMUT GROYE • RRZ CARI.TON RESIDENCES Error ellod offo uff N fir fvonnmg Y(sSwiJlekla<t6oY•!e<"rd¢rt.i yebal'�urzj.3vvcA'vo CORAL GABLES M1,100 -55 Mouldt Woy, 1151¢ BawN(ell)U w skfi blkxsy MxoeAmgwuca froome Cecilia Samaja 6sfate Agent MOBILE .1 305343,5443 EMAIL 1 aamajarroneenthe6ysrealtywm. CITY OE SOUTH MIAMI COURTESY NOTICE: NOTICE 15 HERESY gives that the City Commission of the City of South Miami, Fares will conduct Public Hearings at its regular City Commission meeting scheduled Toy T¢esdmr.•ofja,Cc t 1,.gayt, begmning at 79D pan. ,,m the City Commission Chambers, 6160 Sunset [Yoe, to consider the following (te nish . I 'a-Orttlnance amending the tend Development Code In order to set forth that the PTanneg) and Zoning {tractor is the moponsiblo City Administrator to melee Gnat imelpl'elefila s of regulators contained In life Land Development Code and establishing an appear , '!pe dare, by amontling Switch 20,1,9 entitled "Inlerprota[ion °. ,� :An Ordinance alnarHlup the Land Development Code to piece In one article all ome t! escalations padalting to hlstorm oreitsmumn lar amending Section 20.6.1 (0)(0}(ej Whisd to be M, Ste Standards"; An Ordnance amending the Land' Development Code Section 20.5.0(8)(1) Witted "Special 6xcelaxwe' In order to reduce the time limit for commencing and completing a development project which has been granted a special exception In a Transit Created Development DaUlot QODD), An Ordinance eLtrolhing the City Manager (o flnance up to six (6) new'poilce webicles ' for an amount nand excsed 5165,00q and accepting the interest ale of 2.44yo through Su k, nT(ust Rwahetging Debt Service- Pdnclpai Accuses No. D01.1910.521.7110 and De4t5ervics- mtams(As unt No.005Ag19.62t.72n0, A Resoftion wihosting the CIty Manager to exewle an agreement Witt the company Csaquagele Inc., st o known[ as Ocaquatlos,Swin School 11, the top ranked respondent for Cite Murray Park Community Pool Operator Request for Proposals (RFP) No. SM -FN 201045, to provide consulting services as Pet or the Clit Murray Carle Community Past Deeign(Suild Teem and to provide ftempmns management thereafter the faclldy's constmct(on, Inclusive of ail costs and requiring no whom fee from Hie Clly, for the cleanse's Johial tlaee (3) year term and ifs two (2) one (1) yew options to renew for a total lerwor two (5) years. A Resolutlon of the Mayor "and City, Commission of the City of South Mtarrn, Florida, wtbo Bind the City Manager W an agreement with the coilefdon firm provid "pig debt collection services for a percentage of the principal amount owed (o the City end collecting said fee as a pseceidega of the outstanding principal. this ag!a•!imenl stif be for the duration of an Initial true (3) year period with tyro (2) one (1) year option to renew periods, fora possible total loam office (5) years, and providing on effective date. A Resolution of the Mayor and Coy Commission of rite City of South Miami, Florida aulhaking the Cltytduwsto 1ptovltoacontractwith LaRueo the ngand Management Separtm Ina forthe in separation (consultant ompresto Ina Planning and Zoning Appraised drt to assts[ Tn the a meant of !h¢ 2002 Comprehensive Plan Eand FY 2 and Appraisal Repction Of se the am owl of $30,009 tolat for FY 2000.2que and FY Posal 2012; the selection of the cum is a result c oIe here the Plan Planning Request far Proposal process; No. 00g lorthe contract shall coma from the ; and and Zoning Department date. Aocdunt NoA0Dt620S24 -3950 (Contractual Services): and ptovftling an effective data. For further infwmwlaf %please contact the City Cioles Chas 0 (305) 663.6340. ALL interested parties are invited to attend ant will be heard, Marta M. Mworaft , CMC City Clark Pufsum to Florida Statutes 256.0105, the City hereby advises The public that 5 a person decides to appeal any decision made by this Soand, Agency or Commission with respect to any metier considered at Its meeting or.beadng, he or she will need a record of the proceedings, and that for such purpose, defted person may need to ensure that a vethAlim record of the immodings Is made which reaoidhicheW the testimony and evidence upon which the dppeai is to be based• MIAMi DAILY BUSINESS REVIEW published Daily except Saturday, Sunday and Legal Holidays Miami, MiambDade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review VWa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - MARCH 15, 2011 in the XXXX Court, was published in said newspaper in the issues of 03/04/2011 Afffant further says that the said Miami Daily Business - ........... Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afffant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advert1gepent for publication in the said Sworn to and subscribed before me firs 04 day of MARCH , A.D. 2 (SEAL) / V. PEREZ personally known to me #1tt' +VrPOYPIy� CharyiHGMarmataolFlodda � n My Commission DD7g3490 ° °��- Enprtes 0711812092 t'JOTiCET5 NBPtEQS; 9rverj fttatihe dity Gbmmissen of the City of South Mamt FbridawillcnnductP, UbheHe aringsatitsregu farCilyCommission, meelingectiei161adfoY�r @sd3�u Meroiri5'2b11 treginningat7:30p.m.,, fn the Cuy Commissi6n Chambers &130 Sunset eve, to consider the tallawingifern(s3, .. An ttrnanco of the Mayhl lti Ctty Gomiii(salon at the city Of South Miaini,.Florida en 11 4andDOVebpmSul Codeinorderloset fbdk- thatthe P1, ng Sitk omngptrectdI rsthe responsibleGiryAd- ministtator 16 maka Itn2j;irdatpteSations of regulations contained in the LandpevelopmentGOda and astabtistting an appeal procedure, Y" §bg Setil or 20 -1 g e»idled 'Inieryxetallon` p ov dbg for sdverabilitp t.praYltlin or nap cpallict; and providing an et- x T�tvadaka Mf7jcGnaocaot9hd yp) andCktyConmissknoftheCltyofSouth ass9,..i, r -tifinda ama no ji Land De4ettlAmenl' Gode to place in to to mlv iriwffertiwordleg ad orr fy.,`certatnprovisions ratated to lffa da} itoltffprfTieta�penak ,andr)e(s1;ng,fkom tha land gevelopmenk •. ravta:;. n: ru9tae ;nne.nedaininn�2o.Tlistonc braSarvation (nateding Sea :date. . ;actual Services), and providing an FTTi a rid ptovfd1n oftetaiyedpta, . AU. int6n .ed pan .krgem InVtedto Attend and Wilt ,beheard. Forluritfarmfortnatlon „please contact the CityGterks Othce al. 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