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Ord. No. 20-08-1955ORDINANCE NO. 20 -08-19 55 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO ADD A SUBSECTION (IT) PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20- 6.1(B)(3)(h) IN ORDER TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Land Development Code (LDC) regulations on variances (Section 20 -5.10) does not contain specific criteria to be used in granting requested variances; and WHEREAS, the Land Development Code in contained in Section 20- 6.1(B)(3)(h), does contain a one sentence guideline for how the Planning Board should judge variance applications, which is part of the administrative regulations establishing the Board and its duties; and WHEREAS, at the request of the City Commission the Planning Department prepared an amendment to the Land Development Code which consists of five criterion which must be considered in approving a requested variance; and WHEREAS, the proposed criteria is an appropriate addition to the Code and would provide better guidance to both the Planning Board and the City Commission in snaking recommendations and decisions on variance applications ; and WHEREAS, the Planning Board at its April 8, 2008 meeting, after public hearing, approved a motion by a vote of 6 ayes 0 nay recommending that the proposed Land Development Code amendments contained in this ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMIVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -5.9 of the 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 year 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. (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. (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. Ord. No. 20 -08 -1955 2 (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Awareness. 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 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. (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) hnpervious coverage (7) Off - street parking (8) Open space (9) Signs (10) Landscaping All variance decisions shall be based on an affirmative finding as to each of the following criterion: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; 5. That the approval of the variance will be io consistent with the 14eneral intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare." Ord. No. 20 -08 -1955 Section 2. That Section 20-6. 1 (B)(3)(h) of the Land Development Code is hereby amended to read as follows: Section 20 -6.1 Administrative entities (B) Planning Board. (3) Powers and Duties (h) The board shall review and make recommendations on all applications for variances fi -on7 the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off - street parking, open space, signs and landscaping. Recommendations for a variance shall be made based upon the criteria set forth in Section 20- 5.9(H). Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 3/J1W day of Q�X- , 2008 ATTEST: AIK�CLERK 1St Reading — 5/6/08 2 °d Reading— 6/3/08 READ AND APPROVED AS TO FORM: CIT ORNEY X: \Comm Items\2008 \4- 22- 08\LDC Amend Variance criteria Ord.doc COMMISSION VOTE: 4 -1 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Nay Commissioner Palmer: Yea Commissioner Beckman: Yea Rr' t s . m, 'T'o: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager From: Sanford A. Youkilis, Acting Planning Director \ Date: June 3, 2008 I'T'EM No. Subject AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO ADD A SUBSECTION (H) PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20- 6.1(B)(3)(h) IN ORDER TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Land Development Code (LDC) regulations on variances (Section 20 -5.10) does not contain specific criteria to be used in granting requested variances. Following a debate on approving a variance at a recent City Commission meeting, Commissioner Beckman offered to work with the Planning Department to develop specific criteria for possible inclusion in the Land Development Code. CURRENT REGULATIONS The Land Development Code does contain a one sentence guideline for how the Planning Board should judge variance applications. This is contained in Section 20-6. 1 (B)(3)(h), which is part of the administrative regulations establishing the Board and its duties . The last sentence of this paragraph is the only guidance on snaking variance decisions in the Code. "Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. " PROPOSED AMENDMENTS (1) The proposed new criteria for judging variance requests is shown in the attached draft ordinance (See p. 2- (H) ). It consists of five criterion which must be considered in approving a requested variance. The proposed criteria is an appropriate addition to the Code and would provide better guidance to both the Planning Board and the City Commission in making recommendations and decisions on variance applications. The criteria proposed is very similar to what appears in other municipal zoning codes. (see attachment -Coral Gables) PA (2) If the new criterion are acceptable as an amendment, the Planning Board administrative duties list in Section 20 -6.1 (13)(3) should be revised to remove the existing variance guidance sentence; the Board will be required to use the new criteria set forth in new Section 20- 5.9(H) when making a recommendation. (3) The amendment to Section 20 -5.9 allows for a technical correction needed in (E). This sub- section conflicts with Section 20 -5.5 (13)(2) which states the signature petition submittal required of any application for a public hearing can only be an "awareness" petition. The City Attorney has advised on several occasions that the use of the word "concurrence" was illegal and directed that the word be removed. PLANNING BOARD ACTION The Planning Board at its April 8, 2008 meeting adopted a motion by a vote of 7 ayes 0 nays recommending that Sections 20 -5.9 and 20- 6.1(B) Land Development Code be amended as set forth in the attached draft ordinance. RECOMMENDATION It is recommended that the proposed amendments to Section 20 -5.9 and 20- 6.1(B) be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report 4 -8 -08 Coral Gables Zoning Code Section 3 -806 Planning Board Minutes Excerpt 4 -8 -08 Public notices X: \Comm Items\2008 \4- 22- 08 \LDC Amend Variance Criteria CM Report.doc To: Honorable Chair and Date: April 5, 2005 Planning Board Members From: Sanford A. Youkilis, AICP P Re: LDC Amendment - Variance Decision Acting Planning Director \—A Criteria PB -08 -016 Applicant: City of South Miami. AN ORDINANCE OF THE MAYOR AND CITY COM1VIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO ADD A SUBSECTION (IT) PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC'T'IVE DATE. BACKGROUND The Land Development Code (LDC) regulations on variances (Section 20 -5.10) does not contain specific criteria to be used in granting requested variances. Following a debate on approving a variance at a recent City Commission meeting, Commissioner Beckman offered to work with the Planning Department to develop specific criteria for possible inclusion in the Land Development Code. CURRENT REGULATIONS The Land Development Code does contain a one sentence guideline for how the Planning Board should judge variance applications. This is contained in Section 20-6. 1 (B)(3)(h), which is part of the administrative regulations establishing the Board and its duties . The last sentence of (h) shown below is the only guidance on recommending variances in the Code. (B) Planning Board. (3) Powers and Duties (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off - street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when. the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. LDC flrnendMent APKI 8, 2008 Page 2 of 4 PROPOSED AMENDMENT (1) In order to insert specific criterion on judging variances Section 20 -5.9 of the Code would need to be amended. Below is current section of the Code with a technical amendment in (E) and the suggested new criteria shown in (I). (Note: new proposed language is in bold underlined, wording removed indicated by strikethrough) 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20- 5.5 shall lapse after one year 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. (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. (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 —e–m-w-moo Awareness. 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 ~a Og 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. (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 LDC Amendment April 8, 2008 Page 3 of 4 "(1T) All variance decisions shall be based on an affirmative finding as to each of the followinL- criterion: I. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; 2. Denial of the variance would result in unnecessary hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; 3. The extraordinary conditions and circumstances do not result from the actions the applicant; 4. The requested variance is the minimum variance necessary to male possible the reasonable use of the land; 5. That the approval of the variance will be in harmony with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare." Section 20 -6.1 � T (B) Planning Board. (3) . Powers and Duties (h) The board shall review and make recommendations on all applications for variances fi-om the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and landscaping. Recommendations for a variance shall be made based upon the criteria set forth in Section 20-5.9(H). ' ' ~° ~' ~ P i ~ '� STAFF OBSERVATIONS (1) The technical amendment in (E) is needed to remove a conflict with Section 20 -5.5 (B)(2) which states the signature petition submittal required of any application for a public hearing can only be an "awareness" petition. The City Attorney advised that the use of the word "concurrence" was illegal and directed that the word be removed. b i STAFF OBSERVATIONS (1) The technical amendment in (E) is needed to remove a conflict with Section 20 -5.5 (B)(2) which states the signature petition submittal required of any application for a public hearing can only be an "awareness" petition. The City Attorney advised that the use of the word "concurrence" was illegal and directed that the word be removed. LDC Anzendinent April 8, 2008 Page 4 of 4 (2) The proposed criteria suggested in Proposed Amendment (1) above, is an appropriate addition to the Code and would provide better guidance in making recommendations and decisions on variance applications. The criteria proposed is very similar to what appears in other municipal Zoning codes. (see attachment) (3) Proposed Amendment (2) adjusts the Planning Board administrative duties list by removing the variance guidance sentence and requiring the Board to use the new criteria set forth in new Section 20- 5.9(I). RECOMMENDATION It is recommended that the proposed amendments to Section 20 -5.9 and 20- 6.1(B) be approved. Attachments: Coral Gables Zoning Code Section 3 -806 Public Notices SAY X:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports \4- 8- 08\PB -08 -016 LDC Amend Variance Criteriadoc ARTICLE 3 m DEVELOPMENT REVIEW 1 Section 3 -803. Application. 2 3 An application for a variance shall be made in writing upon an application form approved by the City staff, 4 and shall be accompanied by applicable fees. 5 6 Section 3 -804. City Staff review, report and recommendation. 7 8 A. City staff shall review the application in accordance with the provisions of Article 3, Division 2 of 9 these regulations. 10 11 B. Upon completion of review of an application, City staff shall: 12 13 1. Provide a report that summarizes the application and the effect of the proposed variance, 14 including whether the variance complies with each of the standards for granting variances in 15 Section 3 -806. 16 17 2. Provide written recommended findings of fact regarding the standards for granting variances as 18 provided for in Section 3 -806. 19 20 3. Provide a recommendation as to whether the application should be approved, approved with 21 conditions, or denied. 22 23 4. Schedule the application for hearing before the Board of Adjustment or the Historic Preservation 24 Board. 25 26 5. Provide notice of the hearing in accordance with the provisions of Article 3, Division 3 of these 27 regulations. 28 29 Section 3-805. Review, hearing and decision on variances, 30 31 The Board of Adjustment or the Historic Preservation Board in the case of variance involving historic 32 properties, shall review the application for a variance, the report, recommendation, and proposed 33 findings prepared by City staff, conduct a quasi-judicial public hearing on the application in accordance 34 with the requirements of Section 3 -304 and render a decision, based upon written findings of fact, 35 granting, granting with conditions, or denying the variance. 36 37 Section 3 -806. Standards for variances. 38 39 A. In order to authorize any variance from the terms of these regulations, the Board of Adjustment or 40 Historic Preservation Board, as the case may be, shall find: 41 42 1. That special conditions and circumstances exist which are peculiar to the land, structure or 43 building involved and which are not applicable to other lands, structures or buildings in the same 44 zoning district. 45 46 2. That the special conditions and circumstances do not result from the actions of the applicant. 47 48 3. That granting the variance requested will not confer on the applicant any special privilege that is 49 denied by these regulations to other lands, buildings or structures in the same zoning district. 50 51 4. That literal interpretation of the provisions of these regulations would deprive the applicant of 52 rights commonly enjoyed by other properties in the same zoning district under the terms of these 53 regulations and would work unnecessary and undue hardship on the applicant. 54 55 ' 5. That the variance granted is the minimum variance that will make possible the reasonable use of 56 the land, building or structure. 3-41 7N.- 's Now 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 7:36 P.M. The Pledge of Allegiance was recited in unison. H. (toll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Davis, Ms. Yates, and Mr. Cruz. Absent: Mr. Farfan and Ms. Chael. City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz (Administrative Assistant). III. Planning Board Applications/Public Hearing PB -08 -016 Applicant: City of South Miami. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO ADD A SUBSECTION (H) PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Yates read the item into the record. Mr. Youkilis advised that the item was brought before the Planning Board due to a recent item having to do with a variance before the City Commission. Currently there is no specific criterion for the approval of variances. Commissioner Beckman offered to work with the Planning Department to include specific criteria. The proposed amendment would modify Section 20 -5.9. Mr. Youkilis referred to page 2 indicating the language change on letter "E "; it is proposed to delete the word "Concurrence" and replace with "Awareness." Planning Board Meeting April 8, 2008 Excerpt Page 2 of 2 Mr. Youkilis explained that the change was for clarification that a neighbor cannot be required to sign. He advised that the signature shall be to simply make the neighbor aware that a variance is being requested. He also advised that page 3 of the proposed amendments, the City Attorney Figueredo to delete proposed "unnecessary" in section (H) (2). He also advised that Mr. Figueredo recommended to remove the language "in harmony" and replace it with "consistent" under section (H)(5). Staff recommended approval of the proposed text amendment. Mr. Morton requested that staff provide an example under the situation in which section (H)(3) would apply and whether or not the purchase of the property would fall under this category. Mr. Youkilis replied that it could be either an irregular shaped property which may result in an individual not being able to meet the required setback. He also added that in many cases under certain circumstances people have owned property for many years and do not decide to do anything and then they realize that there is an extraordinary condition that the current code would not allow them to do something which may justify a variance related to physical problem as opposed to use. Motion: Ms. Yates moved to approve the proposed text amendments to Section 20 -5.9 of the Land Development Code as recommended by staff and Mr. Davis seconded with the following recommendations: 1. Under Section 20- 5.9(E) remove "Concurrence" and replace with "Awareness." 2. 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C O2 '0 -gym mwe�op ro= c I-Q = OGG v X m him cmaciS d`o aw d my >. m c-O m•c c E w } ¢ W ¢ Qa u.0 LL m mmW marni OW X` o» .:r .cRO•DO V me o =c-- 'm } 0 O d LL a m m O V J X N m LL m O D C D C m _'O C m m R O O N m w m W J C m J V m m co an d L C N R R rom N m` •m a R W Q= N c m= O >IL roUn U!L m » 3 E: m D O U Q QUL IL N o mO. ` C } N U c=! v'Ci tCp O O O m D O N -on m x E � U m z a U � W B COURTE"SY NOTICE CITY -OF SOUTH MIAM9 O FLORIDA On Tuesday, May 20, 2008, beginning at 7:30 p.m., in the City Commission, Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: A RESOLUTION RELATING TO AN APPEAL OF A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD TO DENY PROPOSED TAKE -OUT ORDER- SIGNAGE FOR CARRABBA'S ITALIAN GRILL AND OUTBACK STEAKHOUSE RESTAURANT - LOCATED AT 5829 SW 73 STREET (SOUTH-.MIAMI MUNICIPAL PARKING GARAGE). A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT: TO SECTION 20- 5.19(E)(3.) OF THE LAND DEVELOPMENT CODE FOR THE - EXTERIOR RENOVATION, PAINTING AND SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5904 ,'SUNSET DRIVE (AMSTER BUILDINGS). A RESOLUTION RELATING TO A REQUEST PURSUANT TO SEGTI'ON 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT." LOCATED AT 5734 SW 72 "d STREET WITHIN THE- "SR (HD- OV) ",:' SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT. AN ORDINANCE AMENDING CHAPTER 7'OF THE SOUTH MIAMI ` CODE OF .ORDINANCES BY CREATING SECTION 7-16 "PRE CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES;" REQUIRING CONSTRUCTION SITES TO 13E KEPT IN.:A•CLEAN AND . ORDERLY -CONDITION;- REQUIRING. THE -INSTALLATION .: OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION ALONG. . THE,, BORDERS. OF THE SITE; AND TO PROVIDE DETAILED :PROCEDURES FOR OBTAINING FENCE PERMIT PRIOR TO CONSTRUCTION. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY "MODIFYING SECTION . 7= 15.2': "DEMOLITION REQUIREMENT STANDARDS" TO PROVIDE .` ADDITIONAL CLARITY AS TO PROCEDURES FOR'. OBTAINING" "FENCE PERMIT PRIOR TO DEMOLITION _AND CONSTRUCTION; PROVIDING FOR SEVERABILITY; ORDINANCES • 11H ";CONFLICT ;AND AN EFFECTIVE DATE. AN ORDINANCE RELATING TO AMENDING THE-CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 1, SECTION 2 -2.:1 (H) AND., (J) ESTABLISHING PROCEDURES FOR PUBLIC COMMENTS IN_ ORDER TO FACILITATE AN ORDERLY PROCESS IN-' MANAGING-.-. PUBLIC COMMENTS. (AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND.. . DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED, TVARIANCE. APPROVALS" ' IN ORDER TO, ADD. "A- 'SUBSECTION PROVIDING PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20- 611(13)(3)(h) IN ORDER TO REMOVE THE EXISTING GUIDELINE. AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMEN QODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" W ORDER TO ALLOW A TEA ROOM FACILITY' AS A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING .FOR A ,RESTATEMENT OF. THE PLAN -TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN. TO. . COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION. AN ORDINANCE ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED -TEXT AMENDMENTS TO THE SOUTH MIAMI • COMPREHENSIVE PLAN; THE AMENDMENTS- ARE TO THE GOALS, OBJECTIVES, AND POLICIES -FOR : THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING;. INFRASTRUCTURE; CONSERVATION; RECREATION AND. OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS. If you have any inquiries on the above items please contact the Planning and Zoning Department's office at: 305 - 663 -6326. ALL interested parties are- invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.01 05, the City hereby advises the public -that if 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 proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 0 0 Q Q 0 z u� s UJI x r 0 R z E 0 Y E ti 4\ r.. .j -r4 N ui O rir Q) -.7 COURTESY NOTICE CITYV. OF SOUTH MIAMI DA On Tuesdayj June beginning , a m . L 7: 30- , p , J . pmpsslon -Chambers, 6130 Sunset Drive the City *Commission will blib Hearings to consider the -following if ­.%.;A' ,RESOLUTION RELATING TO AN APPEALTHE 'ENVIRONMENTAL- REVIEW._.. ::PRESERVATION BOARD�' 0 DENY 1) F .;PR606kDTAKE.6UTzOAD.Eh-SiGNA6EFOk ARRABBA'S ITALIAN GRILL - AND OUTBACK 'STEAKHOUSE RESTAURANT- LOCATED AT 5829 SW 73 ST R EENSOUTH. MIAMI MLINICIPAL.., A RESOLUTION RELATING TO THE _ - ISSUANCE .. r _ -0 , F A", 7 ' - * -CE --F, T , I FIWE4.'1:- APPROPRIATENESS PURSUANTTU. SECTION A 5.19(0(3) OETHtLA'N J OEVELOPMENT CObETORTk UtERIOW.RENOVATION PAINTING AND SIGNAGE ONA bESIGNAYEDH15TORIC. COMMERCIAL .BUILDING LpCATEO-, AT 5904 SUNSET -A RESOLUTION - RELATING TO A-REQUEST ii§bANT TO SECTION 20-3,.4(B)(4)(6))6F THE LAND DEV QpME,NT- CODE -FOR A SPECIAL USE.. APPROVALTO LOCATE A; GENERAL!RESTAURANT-LOCATEb AT 5734 SW 72nd:STFIE!JrWITHIN THE (HOMETOWN �'SR.111Q- U DISTRICT OVERLAY) ZONING DISTRICT LATIN- -6 . UJE-TS' FORAVARIANCEFR. MSECTION 5(E) 'OF THEIILAND,.DEVELOPMENT; 'CODE TO ALLOW FOR;A NEW_ �; SINGLE FAMILY, HOME TD ' HAVLA hEAA -,tErBkK OF 1 .1 FEET Er WHERE A MINIMUM 25 FOOT.JREAR SETBACK I S REQUIRED: ALL ON A PROPERTY 'WITHIN, 57TH AN."RS-4". SINGLE-FAMILY RESIDENTIAL USE DISTRICT; LOCATED AT 6400 SW COURT AN ORDNANCE AMENDING CHAPTER 7 OF THE SOUTHAIA IVII CODEJOF ORDINANCES BY CREATING :SECTION J-16 "ORE-CONSTRUCTION AND . CONSTRUCTION STANDARDS FDA: SITES';" REQUIRING CONSTRUCTION SITES TObE KEPT IN A CLEAN AND ORDERLY CONDITION; REQUIRING THE INSTALLATION OF A CHAIN'- INkFENCE PRI69JO CONSTRUCTION ALONG THE BORDERS OF THE SITE, AND TO. PROVIDE DETAILED PROCEDURES. OBTAINING FOR FENCE PERMIT PRIOR TO CONSTRUCTION AN: ORDINANCE 'AMENDING :.;CHAPTER-:7-,-.OF,:,,T,,HE 'SOUTH MIAMI CODE I. OF- " ORDINANCES -MODIFYING- SECTION- 7-115.2 _,"DEMOLITION REQUIREMENT STANDARDS" TO!PhOWDE ADDITIONAL CLARITY AS TO PROCEDURES.- FOR tOBTAINING '. 'FENCE. . PERMIT, PRIOR-:TO DEMOLITION AND CONSTRUCTION. - A N ORDINANCE RELATING TO AMENDING THE CITY - CODE OF ORDINANCES;_ CHAPTER: 2-, ARTICLE i,.,SECTION-:-.2c2.1�- (H) AND (j) UBbC SECTION TO �tgTM SHINW-09oftDIURES r0-1? MMtNt87 IN � ORDER FACILITATEAN. ORDERLY - PROCESS IN MANAGING PUBLIC -COMMENTS - AN "ORDINANCE RELATIhGTOAR EQUEST-TOAMEND LAND DEVELOPMENT CODE SECTION 20-5.9. ENTITLED:; -APPROVALS` IWORDER TO A; 'SUBSECTION (H), PROVIDING .CRITERIA FOR REVIEW AND L APPROVING VARIANCE. APPLICATIONS;_ AMENDING SECTION 20-P.1 (B)(3)* ORDER T0. REMOVE THE .P ISTING GUIDELINE I: ..ff yoq have .'any 4n'quides,on the above items please contact the Planning and Zdni6d I Departments -,office gt:805 66376326. ALL interested parties are -'.:jinvited .to attend and will be heard. 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