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13South Miami All- AmedcaCIN CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER 00 INTER - OFFICE MEMORANDUM 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 20 -1.9 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 to interpretation is spelled out in Section 20 -1.9 as follows: "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) 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. (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 Planning and Zoning Director. (C) An aggrieved 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. 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. " PLANNING BOARD RECOMMENDATION The Planning Board at its meeting on January 25, 2011 conducted a public hearing and adopted a motion by a vote of 6 ayes 1 nay (Mr. Morton) recommending denial of the proposed amendment. 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 X; \Comm Items�2011\2 -15 -1 BLDC Amend Zoning Interp CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. 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 1 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 Plannine and Zoninz Director. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2 *94_Q 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 ATTEST: CITY CLERK I st Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of 2011 APPROVED: MAYOR X: \Comm Items \2011 \2 -15 -1 NTC Amend Zoning Interp Ord.doe COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: To: Honorable Chair and Date: January 25, 2011 Planning Board Members Prom: Thomas J. Vageline, Director Re: LDC Amendment - Zoning Planning and Zoning Department Code Interpretation PB -fl :RE Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, Director amending ia Dir the Land Development Code in order to set forth that the Planning and Zonector 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 20 -1.9 entitled "Interpretation" providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUNiD 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. CURRENT LDC REGULATIONS The only Land Development Code provision related to interpretation is spelled out in Section 20 -1.9 as follows: "20-I.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- 6.1(A) establishes that the City Commission shall "Make final judgment on appeals of administrative decisions. " Secdon20 -6.1 Administrative entities. (A) City Commission. (2) Powers and duties. (e) The city commission may: i. 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 of this Code; V. Permit the continuation of nonconforming uses; vi. Authorize special uses; and vii. 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) are proposed: "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 Planning and Zoning Director. An aggrieved 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 u hold or modify the interpretation. 2 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. " RECOMMENDATION It is recommended that the amendments as set forth above be approved. Backup Documentation: Public Notices TJV /SAY XTST8 Agendas Staff ReporM201 [Agendas Staff RepnrtSU- 25- 11T13-11 -007 LDC Amend Zoning Interp -doe q § §!\ \� 2� §i m )( !§ ! )� ;) () !\ (\ ;! I { {� ( I- 20SSE ( SUNDAY, FEBRUARY 20, 2011 SE MiamiHerald.com I THE MIAM1 HERALD 930Ahnro Av¢nsa Complamlyupdmad2Q2 r, M 1111dfledA ird.. toi-I,enrad, .U59plmmexaws gazega,v.ARad &gatedontrce {red W. U59000 1118 Capi15<saat Updated hwsarylw,,,¢M.dt�19a9, 4206Monxmaate5tMt Se>Wn!urYCds/2.5 with xwming 3 /ia.h'gh waFm>z.l ev gnoga.,00mfaspodtdv6v,ato wo¢dzmatb!akmha", gara9¢.ppol,wmlysd $Y >9.000 . GOGONUTGROVE -RRX CARLTONRESIDENCES E ,oys,nasioftuaurylmho nonnmya(zG wid,dmabvY�lnm.den.iw9ebalwm 4999,tbo CORAL GABLES COMM- 55 MerAak Way, OS14 6ewnful yt9m911 +Mai.im:urycgtdoMlhdvtnieed balwrty and 20a,kng SpMez5669,aoe Cecilia Samaja Estate Agent MOBILE 1 305.343.8443 EMAIL I Gsamahoonesothebysrealtycom, w CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the Oily Commission of the City of South Miami, Florida will conduct Public Hearings at Its regular City Commission meeting scheduled for TuesdmcMa.Lc{1,,�,01,1, beginning at 7:30 p.m. ,, in the City Comntssion Chambers, 6130 Sunset Drive, to consider the following Mere(s)t j— AmOrdinance amending the Land Development Code in order to act forth fine tire Piann4l and Zoning Director is the responsible City Adminlsarator to make final interpretations of regulations contained in the Land Development Code, and establishing an appeal pTanaeura, by amending Section 20.1.9 entitled 1rherpretetion ". ^J An Ordinance amending file two Development Code to place In one article all current regulations perialning to historic preservation by.amending Section 20.6.1 (D)(1)(a) entitled . °Historic Preservation Board Establishment and Membership" in order to require that one member be a licensed attorney; and by creating new Article XI, "Historic Preservation .Regulations" including Section 20.11.1 to be entitled "Historic Preservation Standards "; .Section 2041.2 to be emitted "Designation of Historic Sties'; Section 20413 to be emoted "Historic Designation Reports'; Section 20 -11;4 to be entitled "Demolition of designated ethers; demolition by neglect and certificates of appropriateness'; Section 20.11.5 to be entitled "Special Provisions Applicable to Designated Historic Sites" and making mvletons to update current wowing and to modify certain provisions related to the dsmoliton delay period; and deleting1rom me Land Development Code regulations pertaining to historic preservation including Sections 20.4:9, 20 -4A 1, 20-5.17,205,18. 20 -5.19. An Ordinance amending the Land Development Cede Section 20- 8.8(B)(i) entitled "Special exceptions" In order to reduce the time limit for commencing and completing - a development project which has been granted a special exception in a Transit Oriented 'Development District (TODD} An Ordinance authorizing the City Manager to finance up to six (6) new police vehicles for an amount not to exceed $765,000 and accepting the interest rate of 2.44% through SunTrust Rank, charging Debt Service - Principal Account No. 001.1910.521]110 and Debt Service - interest Account No. 0011910.521.7210, A Resolution aulhorizing in-a City Manager to execute an agreement with the company Ocequatics, Inc., also known as Oc atuatics tuaim School ii, the top ranked respondent for the Murray Park Community Pool Operator Request for Proposals (RFP) No. SM�FN 2010 -15, to provide consulting services as part or the City's Murray Park Community Pool DesigntBuiid Team and to provide operations management thereafter the facility's construction, inclusive of all costs and requiring no annual fee from the City, for the contract's Intel three (3) year term and Its two (2) one (1) yew options to renew for a total termof five 0) years. A Resolution of the Mayor and City Commission of the City of South Miami, Merida, authorizing the City Manager to an agreement with the collection firm providing debt collection services for a percentage of the principal amount owed to the City and collecting said fee as a percentage of the outstanding principal. This agreement shall be for the duration of an Initial into (3) year period with two (2) one (i) year option to renew periods for a possible total loam of five (5) years, and providing an effective date. A Resolution of the Mayor and Coy Commission of the City of South Miamit Florida authorizing the City Manager to enter into a contract with LaRue Planning and Management Services, Inc. for the purposes of providing consultant services to the Planning and Zoning Department to assist in the preparation of the 2012 Comprehensive Plan Evaluation and Appraisal Report.(EAR) in the amount of $30,000 total for FY 2010 -2011 and FY 2011- 2012; the selection of the firm is a result of a competitively sealed Request for Proposal - procown funding for the contract shall come from the Planning and Zoning Department Account No. 001.1620,624-1450 (Contractual Services); and providing an effective dale. For further Information, please contact the Oily Clerle's Office at (305) 663 -6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clark Pursuant to Florida Statutes 286.0105, the City hereby advises the public that V a person decides to appeal any decision made by this Board, Agency or Commission with respect to any mailer considered at Its meeting or hearing, he or the 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 resaid includes the testimony and evidence upon which the appeal as to be based, lowingAem(s): MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade 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 f /k/a 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 Affiant 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 affiant 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 advert'' T ent for publication in the said aper. 7 newsp , Sworn to and subscribed before me this = 04 day of MARCH A.D. 2 E 1 bNIdM! City Commission of the City of South earings at its regular City Commission. arch 15'20 1 beginning at7:30p.m;- 6130 Sunset Drive, to consider the 1 City Commission of the City of South .and OeVektpmentCode in order to set ng Director is the responsible City Ad- pretations of regulations contained in and establishing an appeal procedure, ;entitled "Interpretation" providing for Lances in conflich and providing an ef- d City Commission of the City of South Land Development Code to piece in M "Historic Preservation order to require that one creating new Article Xi, ug Section 20-11.1 t0 be iection 2041.2 to be emi- m 20.11,3 to "be entitled ,20 -11.4 to be entitled by neglect and certificates e; entitled "Special Provi- es" and making revisions (lain provisions related to xn the Land Development ,nervation including Sea 5,18„ providing for sever -. arid. providing an effective ear options to renew for ,livedate. fission of the City of Sou' ei to enter into a cordite roses of providing const ienartmom to assist in it the seledidn of the Him is a result of a compeer rst for Proposal process` funding tar the contract: B Planning and Zoning Department Account No. f {Conhaclual Services)1 and providing an eifac Mayor and City Commission of the City of South request pursuant to Section 20.4.4(J) of the land S forspeciai Use Approval to locate an Interim' -7160 SW 62 Avenue within the "TODD (MU -s)" watapment Disttrict (Mixed Use 5) Zoning District; 'eaive date. aarllea are invited to attend and will be heard. rimtion, ptea xo contact the City Cletws Office at-' Maria -M. 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