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Ord. No. 11-08-1946ORDINANCE NO. 1 1— 0 8 —19 4 6 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO MODIFY THE CONDITIONS AND TIME PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE; AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sec. 20 -5.9 of the Land Development Code (LDC) currently provides that an approved variance must lapse after six months if no substantial construction or change of use has taken place in accord with the variance granted, however, a variance approval may be granted an extension by the City Commission if it is applied for prior to the expiration of the six month period; and WHEREAS, extending the expiration time period was recently discussed at a City Commission meeting and a motion was adopted requesting the Planning Board to initiate a Land Development Code text amendment that changes the six month period to a one year period.; and WHEREAS in cases involving new construction and major renovation there can be considerable delay in getting construction plans approved by the City, the County and State agencies; and WHEREAS, The Planning Department recommended that the six month expiration period be extended to "one year ", and the requirement to obtain a permit be adjusted to read "if no permit is applied for "; and WHEREAS, the Planning Board at its January 15, 2008 meeting, after a public hearing adopted a motion by the vote of 6 ayes 0 nay recommending approval of a proposed amendment to Sec. 20- 5.9(A) of the Land Development Code; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -5.9 entitled "Variance approvals" of the City's Land Development Code, is hereby amended to read as follows: "Section 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after one 1 ear if no building permit has been applied for in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. Ord. No. 11 -08 -1946 (2) (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the one year period." 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 day of._ )24 "1 2008 ATTEST: RVI J, • V, "10 r a -5Z CITY CLERI OR st Reading: 3/4/08 2nd Reading: 3/18/08 READ AND APPROVED AS TO FORM: ------- ---- -- CITY ATTORNEY COMMISSION VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea (New wording underlined; wording to be removed indicated by strikethrough) X: \Comm Items\2008\2- 19- 08\LDC Amend ExpirationVariances Ord.doc ■■ M-w� CITY OF SOUTH MIAMI INCO fit o Rx9 P OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission : Via: Ajibola Balogun, Interim City Manager From: Sanford A. Youkilis, Acting Planning Director .10f Date: March 18, 2008 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO MODIFY THE CONDITIONS AND TIME PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE; AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Background The Land Development Code (LDC) currently provides that an approved variance must lapse after six months if no substantial construction or change of use has taken place in accord with the variance granted (Sec. 20- 5.9(A). A variance approval may be granted an extension by the City Commission if it is applied for prior to the expiration of the six month period. Extending the expiration time period was recently discussed at a City Commission meeting and a motion was adopted requesting the Planning Board to initiate a Land Development Code text amendment that changes the six month period to a one year period. In most cases variances obtained for existing structures the six month period is usually enough time for construction to get underway. However, in cases involving new construction there can be considerable delay in getting construction plans approved (ERPB, building permits) and approvals from County and State agencies. In fact, one applicant recently was required to completely re -apply for a variance which had lapsed due to the current expiration requirement. Specific Amendment Based on experience the Planning Department agreed that the expiration period needed to be extended. In addition, staff recommended that the requirement that a "permit be issued" was not reasonable and should also be modified. The Planning Board recommended that the six month expiration period be extended to "one year" and the requirement to obtain a permit be adjusted to read "if no permit is applied for ". It was agreed that this amendment would be fair to applicants and would avoid a growing number of extension requests. The revised legislation would read as follows: "Section 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after one (1) year if no building permit has been applied for � b taken plaeo in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of (2) the one year period." Planning Board Action The Planning Board at its January 15, 2008 meeting adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed amendment. Recommendation It is recommended that the proposed amendment modifying the expiration time and conditions for variances be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report, 1 -15 -08 Excerpt Planning Board Minutes 1 -15 -08 Public notices SAY X: \Comm Items \2008 \3- 18- 08 \LDC Amend Expiration of Variances CM Report.doc To: Honorable Chair and Date: January 15, 2008 Planning Board Members From: Julian Pere Planning Director PR- ill -032 Re: LDC Amendment- Expiration of Variances Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 5.9(A) ENTITLED "EXPIRATION OF VARIANCE APPROVALS" IN ORDER TO EXTEND THE TE%1E PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE IF NO CONSTRUCTION HAS BEEN INITATED FROM SIX (6) MONTHS TO ONE (1) YEAR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Land Development Code (LDC) currently provides an approved variance must lapse after six months if no substantial construction or change of use has taken place in accord with the variance granted (Sec. 20- 5.9(A). A variance approval may be granted an extension by the City Commission if it applied for prior to the expiration of the six month period. In most cases variances obtained for existing structures the six month period is usually enough time for construction to get underway. However, in cases involving new construction there can be considerable delay in getting construction plans approved (ERPB, building permits) and approvals from County and State agencies. In fact one applicant recently was required to completely re -apply for a variance which had lapsed due to the current expiration period. Extending the expiration time period was recently discussed at a City Commission meeting and a motion was adopted requesting the Planning Board to initiate a Land Development Code text amendment that changes the six month period to a one year period. REGULATIONS IN OTHER MUNICIPALITIES The City of Coral Gables Zoning Code provides that a variance is void after 12 months if a building permit is not issued or if the requested action permitted by the variance has not taken place. A one year extension may be granted by the Development Review Official (Section 3 -807). The City of Pinecrest code provides that a permit is void .if the related building permit is not issued. There are no extensions permitted. The Miami -Dade Zoning Code provides that a variance not utilized within a three year period may be terminated by the Board of County Commissioners. Evidence of utilization is the issuance of a building permit (Sec. 33 -317). LDC Amendment January 15, 2008 Page 2 of 3 PLANNING BOARD INITIAL REVIEW The Board at its December 11, 2007 meeting discussed a staff proposed amendment and then suggested several alternative wordings. These are as follows: PLANNING STAFF PROPOSAL "Section 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after one 1 year if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period." PLANNING BOARD PROPOSAL No.1 "Section 20 -5.9 Variance approvals. (A7) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after ~=,•'6` y—B .,, one 1 year if no building permit has been applied for or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period." PLANNING BOARD PROPOSAL No.2 "Section 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals - Commercial A variance for new commercial construction approved pursuant to Section 20 -5.5 shall lapse afters one (1) Year if no building permit has been applied for tit pkm--in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. fB) ' Expiration of Variance Approvals. A variance for all other construction approved pursuant to Section 20 -5.5 shall lapse after one (1) year if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period." RECOMAffNDATION It is recommended that the Planning Board Proposal No. 1 be approved. Attachments: LDC Section 20 -5.9 Public Notices JP /SAY X:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports \1- 15 -08TB- 07-032 LDC Amend Expiration Variances Revised.doc 20 -5.8 SOUTH MIAMI LAND DEVELOPMENT CODE (E) Special Use Reapplication. No reapplication for a special use shall be accepted by the city within twelve (12) months of the date of final disapproval by the pity commission of a previous application for a special use involving the same or substantially the same property;. unless evidence is submitted to and accepted by the city commission which justifies such reconsideration. (F) Application Requirements. An application for a special use shall include: (1) A property survey by a registered surveyor; (2) A letter of intent; (3) A site plan for any nonresidential use showing the information required for site plan review approval in Section 20 -5.11; (4) Where the use includes a vehicular use area or landscaped buffer, a proposed landscape plan and information regarding permanent maintenance arrangements; (5) A neighborhood location map showing all surrounding land uses within five hundred (500) feet of the proposed site; (6) All information required for any other type of application which is being processed simultaneously or for any other type of application; and (7) Any other information necessary to demonstrate that the proposed special use will conform fully with the requirements of this Code. f 20 -5.9 Variance approvals. 1 (A) Expiration of Variance Approvals. Avariance approved pursuant to Section 20 -5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmati ve votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence: All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of and concurrence with the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. �. Errata 112 PROCEDURES AND APPLICATIONS 20 -5.10 (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off -street parking (8) Open space (9) Signs (10) Landscaping (Ord. No. 11 -90 -1451, 8- 21 -90) 20 -5.10 Administrative waiver approvals. (A) Authority to Grant Administrative Waiver Approvals. (1) The city manager shall have the authority to grant "nonuse waiver" requests pursuant to the guidelines, standards and limitations contained in this section. (2) A nonuse waiver is defined to mean a discretionary administrative action relaxing the application of minimum lot size (net area), frontage dimensional requirements, principal building setbacks, building spacing, building coverage, impervious coverage, parking requirements, screen enclosure setbacks, swimming pool setbacks, whirlpool spa setbacks, canopy carport setbacks, and accessory structure setbacks, as contained within this Code, which have no relation to a change in use of Jhe property or structure in question. (B) Guidelines. In granting the waiver and issuing the permit, the city manager shall find: (1) The waiver will be in harmony with the general appearance and character of the neighborhood and the entire community. (2) The waiver will not be injurious to the area involved or otherwise detrimental to the public welfare. (3) The proposed addition is designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent residences while affording the applicant a reasonable use of the land. (4) The waiver will be consistent with the City of South Miami's Comprehensive Plan. Errata 113 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 15, 2008 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:39 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Ms. Beckman, Ms. Young, Ms. Yates, Mr. Davis and Ms. Chael. Absent: Mr. Farfan City staff present: Luis Figueredo (City Attorney), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant) Absent: Julian H. Perez (Planning Director). IV. Planning Board Applications I Public Hearing PB -07 -032 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 5.9(A) ENTITLED "EXPIRATION OF VARIANCE APPROVALS" IN ORDER TO EXTEND THE TIME PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE IF NO CONSTRUCTION HAS BEEN INITATED FROM Six (6) MONTHS TO ONE (1) YEAR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. Planning Board Meeting January 15, 2008 Excerpt Page 2 of 3 Mr. Youkilis as a point of information, advised that staff took the recommendations made by the Planning Board at its December 11, 2007 meeting pertaining to the time in which an ERPB approval would lapse. The Environmental Review and Preservation Board reviewed the ordinance which incorporated the Planning Board's revised recommendation and supported the ordinance as presented by a unanimous vote. Mr. Youkilis explained that the variance item was also discussed at the December 11, 2007 Planning Board meeting. At that time the Board deferred action and requested staff to bring back revised regulation which included alternate recommendations suggested by Board members. He then reviewed the staff recommended amendment and two alternate recommendations made by the Board on December 11. Mr. Youkilis advised that Planning Board alternate proposal No. 1, which changes the variance extension period to "one year if no building permit has been applied for," was recommended by staff. Ms. Beckman stated she would like to leave the language as it is currently. The City should be operated as a business not as a bureaucracy. Six months is a lot of tax payers' dollars for the City. She felt that a streamlining process should be implemented. Mr. Morton disagreed with Ms. Beckman adding that he would rather have the time taken to get construction done properly rather than having to get it done quickly. Although, there is an administrative process and a bureaucratic process the time spent would be a great advantage. And although an extension process is in place it is still impossible to do a major project under the current time allowed. Mr. Davis agreed with Mr. Morton indicating that there was no way of completing any construction process under the time currently allowed. He added that he encounters that situation almost every day. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT/OPPOSE Jerry Proctor 200 S. Biscayne Blvd. Support Mr. Proctor advised that he has a client that has been trying to get a permit for more than two years. The problems of permitting may pertain to Miami -Dade Water and Sewer Department. It is impossible to get a building permit and do substantial construction in six months. He further added that he has been before the Planning Board and the City Commission three times requesting extensions for variances. The issues involved with the hearings remain the same from the first time he went before the Board and the City Commission. He stated that extending the time will be more efficient use of City time. The Planning Department will not have to spend time writing reports for an item which was heard six months ago and whose issues have not changed. Also, the Planning Board will make more use of their time without having to hear the same issues they have already heard. He stated that six months are not enough and suggested extending the six month. Planning Board Meeting January 15, 2008 Excerpt Page 3 of 3 Chairman Morton closed the public hearing. After further discussion between Proposal No.l and No. 2 the Board agreed on Planning Board Proposal No. 1 with the change of the "six (6) month period to one (1) year period," and "if no building permit has been applied for." It was further agreed that the variance extension request must be made with the one year period." Motion: Ms. Young moved to defer this item to the next Board meeting scheduled on January 31, 2008. Motion failed for a lack of seconded. Motion: Ms. Chael moved to approve the ordinance selecting proposal No. 1. with the "six (6) month period to one (1) year period if no building permit has been applied for," and the extension request changing from six months to "one year." Mr. Davis seconded. Vote: 6 Ayes 0 Nay XAComm Items12008\2- 19 -08\PB Minutes 1 -15 -08 Excerpt Vandoc z 1-ppW vJZ Wmp zF- 01-Q[]I- (D m � m- °Ems "T m OtNA 0 F-e= Oz ?? 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E a o v3H' Tt� c�mvc Do o W Z � 7 0 mmnmv m = W : a 2 Z ° MS CC °. 0 � CD �o:°m pQ Xd do =dL CEdnr�...:« a d LL LL m m w _° p�j N= )( y p ro o m pdj ro CO V 'N J Ol N N p m LL Oy c c cc W LL J LL X- p ! n LL m L C G a y c°i C rD T ¢ W 'L Wr mLLw NJCO) OJ and n0 CdC09L'�aO ULV NN E m QJ LL H Z ] U ¢F N m ro • O ¢LL mo m T m c 0 O >¢Un Ua G QUc a w o y ri) Q O NU of sour NOTICE FOR OP ' P Y MIAMI W�.- _ On Tuesday, March 18 2008, beginning at Z 30 p m in the Crry Commission Chambers, 6130 Sunset Drive, the City Commission . will hold Pubbe Hearings to consider the following rfems ,.., AN. ORD[ NANCE 'RELATING TO A REQUEST TO�AMEND TH&OFFICIAL-'ZONING'.MAP_OF THE CITY OF.SOUTH.MIAMI LAND i DEVELOPMENT. CODE BY.DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 5730 SW-49th STREET AS AN HISTORIC SITE AND BYPLACEMENT OF AN HISTORIC PRESERVATION;OVERW7ONE (HP-OV) OVER _THE EXISTING ZONING r _ USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO PENSION ORDINANCE; AMENDING CHAPTER 16 ARTICLE (11), SECTION 16 13 (B) AN ORDINANCE - AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 5.11(L) ENTITLED ,`EXPIRATION ".IN ORDER TO EXTEND THE TIME PERIOD-AFTER WHICH THE FINAL APPROVAL OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD SHALL LAPSE AFTER SIX (6) MONTHS IF NO PERMIT HAS BEERAPPLED FOR;.' , AN ORDINANCE AMENDING THE SOUTH` MIAMI LAND DEVELOPMENT. CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED :USE_ - SCHEDULE AND SECTION 20 -7.12 ENTITLED `PERMITTED USES" IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED. USE IN . THE- "SR(HD -OV) "; SPECIALITY RETPJL (HOMETOWN DISTRICT OVERLAY) ZONING: DISTRICT. -.. AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE,SECTION 26-5 .6 ENTITLED "VARIANCE APPROVALS" IN ORDER TO MODIFY THE CONDITIONS AND TIME PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE. A RESOLUTION RELATING TO A REQUEST PURSUANT T0. SECTION 20- 3.4(B)(4)(b).OF THE. LAND DEVELOPME NIT: :CODE FOR -SPECIAL USE APPROVAL TO LOCATE A GENERAL :RESTAURANT AS PART OF THE SOUTH MIAMI MUNICIPAL' PARKING .FACILITY A PRIVATE- PUBLIC DEVELOPMENT LOCATED At, 5829 SW 73rd STREET: WITHIN THE... "SR jtlD OV) "SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAP ZONING DISTRICT. ON PROPERTY LEGALLY DESCRIBED AS LOTS 35; 36,'37 48, A9 50 W. A; LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED :IN PLAT .BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS:OF MIAMI - DADE COUNTY A RESOLUTION RELATING TO A REQUEST. FOR A VARIANCE FROM SECTION, 20 3 5(E) OF THE LAND;DEVELOPMENT CODE. IN ORDER., TO ALLOW A LOT, COVERAGE -OF 31 % (1580 SQUARE FEET) WHERE A MAXIMUM.OF 30 %.(1530 SQUARE FEET) IS PERMITTED ALL:.. ON PROPERTYY.LOCATED AT 6321 SW 43 STREET WITHIN AN RS -4 SINGLE FAMILY RESIDENTIAL ZONING.USE ;DISTRICT. It you have any Inquiries on the above items please contact the Ciiy Clerk's office at 305-663-6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez CIVIC City Clerk Pursuant to Rodda Statutes 286.0105, the C4 hereby advises the public that 9 a person decides to appeal any decision made by this Board, Agency or commission With respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure '. that a verbatim record of the proceedin gs is made which record includes the testimony and evidence upon which the appeal is to be based