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22South Miami To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager° From: Lourdes Cabrera, Acting Director Planning and Zoning Department Date: April 4, 2011 ITEM NO. Subject: 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 update certain references and terminology including the deletion of references to the South Florida Building Code; clarifying references to Miami -Dade County; deleting references to the Florida Health and Rehabilitative Services; and clarifying references to the Environmental Review and Preservation Board; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND The Land Development Code has been created over a number of decades. During this time the names of some of the State Agencies, the County, the Building Code and the Environmental Review and Preservation Board have changed. Since the former names or abbreviations are located throughout the Land Development Code, it is proposed to change all of the former names with the new names for the various entities. PROPOSED LDC AMENDMENT All sections of the Land Development Code would be amended to accomplish the following: Change "South Florida Building Code" to "Florida Building Code" Change "SFBC" to "FBC" Change "Dade County" to "Miami -Dade County" Change "Metro -Dade County" to Miami -Dade County" Change "Metropolitan Dade County" to "Miami -Dade County" Change "Department of Health and Rehabilitative Services" to "Department of Children and Families" Change `Environmental Board" to "Environmental Review and Preservation Board" Change `Environmental Review Board" to `Environmental Review and Preservation Board" 2 PLANNING BOARD RECOMMENDATION The Planning Board at its meeting on February 22, 2011 conducted a public hearing and adopted a motion by a vote of 6 ayes 1 nays recommending approval of the proposed text amendments. RECOMMENDATION It is recommended that the amendments as set forth above be approved on first reading. Backup Documentation: Planning Board Meeting Minutes Excerpt of 02 -22 -11 Public Notices LCAY: \Comm Items\2011\MON 4- 4- 11 \PB -11- 010 \TLDC TEXT AMENDMENT - FBC, MD, ERPB - 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 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 update certain references and terminology including the deletion of references to the South Florida Building Code; clarifying references to Miami -Dade County; deleting references to the Florida Health and Rehabilitative Services; and clarifying references to the Environmental Review and Preservation Board; providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, the City of South Miami is updating the Land Development Code to reflect changes in the names of agencies, codes and other entities; and WHEREAS, the City understands that there have been a number of changes in entity names; and WHEREAS, the City Commission desires to update the Land Development Code to accurately reflect these changes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That all sections of the Land Development Code are hereby amended as follows: Change "South Florida Building Code" to "Florida Building Code" Change "SFBC" to "FBC" Change "Dade County" to "Miami -Dade County" Change "Metro -Dade County" to Miami -Dade County" Change "Metropolitan Dade County" to "Miami -Dade County" Change "Department of Health and Rehabilitative Services" to "Department of Children and Families" Change "Environmental Board" to "Environmental Review and Preservation Board" Change "Environmental Review Board" to "Environmental Review and Preservation Board" 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. 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 PASSED AND ADOPTED this _ day of ATTEST: CITY CLERIC READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY LCiYAComm Items\201 1 WON 44-11 \PB -11 -010 \0rdinance- PB- 010.doe 2 2011 APPROVED: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: fr i • .111111 f s 1 R 111 - R..t•. 1 � t � t 1ttt� • u CITY OF SOUTH MIAMI Planning Board Regular Meeting Minutes Tuesday, February 22, 2011 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 7:36 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Mrs. Yates requested a roll call. Board members present constituting a quorum: Mrs. Beckman, Mr. Cruz, Mrs. Young, Mrs. Yates, Mr. Morton, Mr. Farfan and Mr. Whitman. Board members absent: None. City staff present: Mrs. Lourdes Cabrera - Hernandez (Acting Planning Director), Sanford A. Youkilis (Planning and Zoning Consultant), and Mr. Marcus Lightfoot (Permit Facilitator). City Attorney: Mr. Laurence Feingold III. Planning Board Applications /Public Hearings PB -11 -010 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 update certain references and terminology including the deletion of references to the South Florida Building Code; clarifying references to Miami -Dade County; deleting references to the Florida Health and Rehabilitative Services; and clarifying references to the Environmental Review and Preservation Board; providing for severability; providing for ordinances in conflict; and providing an effective date. No comments were noted. Planning Board Meeting Minutes Excerpt February 22, 2011 Page 2 of 2 Motion: Mr. Morton moved to approve the item; Mrs. Young seconded. Vote: 7 Ayes 0 Nays IV, Adjournment Action: There being no further business before the Board, Mrs. Yates adjourned the Planning Board meeting at 10:54 p.m. Z:\PB\PB Minutes \2011 Minutes \2- 22- 2011\PB Minutes Draft Excerpt - PB- 11- 010.doe NAM DAIL Y 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 - FEB. 22, 2011 ITEM: PB -11 -008, ETC. in the XXXX Court, was published in said newspaper in the issues of 02/11/2011 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 advertisement for publication in the said newspaper.. Sworn to and subscribed before me this 11 dayyyof FEBRUARY , A.D. 2011 (SEAL) V. PEREZ personally known to me ;91.;'; D.TTHOMAS :. .Commission # DD 937532 •.4a Expires November 2, 2013 faN llsuxn. C c TIGO CT c'= PUEL11 077 c c s&OUT(c[ ld2U ( PL M(r UNG AND ZOR3N NG DEPART EEMUi 6130 SUNSET DROVE; SOUTH, BRAMP, FLORODA, Z3 4.3 PHONE. X305) 663.63259 iAX #t Q es) SSS -7356 On Tuesday, February 22, 2011 at 7:30 P.M., the City of South Miami Planning Board will conduct public hearings In the City Commission Chambers at the above address on the following items: P841.008 - Applicant: 62 Avenue Plaza LLC Location: 7150.7160 SW 62 Avenue . A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20.4.4(J) of the Land Development Code for Special Use Approval to locate an Interim Parking lot at 7150.7160 SW 62 Avenue within the "TODD (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District; providing an effective date. PB- 11.009 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 Section 20.2 -3 entitled "Definitions" in order to modify the definition of "Story" to clearly indicate that a story occupied by useable square footage and /or parking spaces is considered a single story for the purpose of determining height of a building; providing for severability; providing for ordinances in conflict; and providing an effective date. PB- 11.010 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 update certain references and terminology including the deletion of references to the South Florida Building Code; clarifying references to Miami -Dade County; deleting references to the Florida Health and Rehabilitative Services;, and .clarifying references to the Environmental Review and Preservation Board; providing for severability; providing for ordinances in conflict; and providing an effective date. PB -11 -011 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 standards and requirements for off - street loading by .creating Section 20.4.4 (N) entitled "Off- Street Loading Requirements" providing for severability; providing for ordinances in conflict; and providing an effective date. All interested parties are urged to attend. Objections or expressions of approval may be made In person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 305 - 663 -6326 or writing to the address indicated above. You are'hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (F.S. 286.0105). Refer to hearing number when making any inquiry. 1411 11- 3- 119/1649524M 3'0SE I TnURSC `(,F= GRUaRI'1 ;, =077 SE h,'TTJC OF ,lam 19(t HEARING .. C37'Y OF SOUTH MANNI Planning and Zoning Department - 6130 Street Drive; South Miami, Florida 33143 - Phone: (305) 663 -6326; Fax #: (305) 668 -7356 . On Tuesday, February ?, 2031 at 7:30 RM.,.the City of South Miami Planning Board will conduct public hearings in the City Commission Chambers at the above address on the following items: - PQ -11 -608 Applicant., 62 Avenue Plaza LC - Location: 7150 -7160 SW 62 Avenue - - A Resolution of the Mayor and Ci it Commission of the City of South Miaml, redaiing do a request pursuant de Section 20- 4.4(J) of mire Land.Developm urd Code for Speclai Use Approval to locate an interim Parting lot at 7150.7160 SUy 62 Avenue wi ?hin the "TODD (MU -.si)" Transit Oriented Development District (Mixed Use 5) Zoning District, providing an effective date.' - Applicant: City of South Miami - An Ordinance or She Mayor and Cfty Commission of the City of South Miami, Florida, afending the 'Land Revelopmen8 Code Section 20 -2 -3 entitled "Definitions" in order to modify thus, definition of r'Story" to cloudy ind@cata that a story ineopied by Useable square footage and /or corking speces is considered a single story for the purpose of determining height of a building; providing ;or severaioi @ley; providing for ordinances in conflict;' providing an effective date. - - Pg- 37 - -010 Applicant: City of South Miami - An Ordinance of the May and City Commission of 'tire Cihy of Basin Miami, Fdorlds, amending SheA 1 Land Development Cade in order to update certain references and terminology including She deletion , of references do the South Florida Building Cade; clarifying references to filiand-Dade County, dalefdng references fro the Florida Hoghth and RehatoiihIatdvc- Services; and clarifying references to the :Mdrtlnmandal Review and Preservation: Beard, providing for severaiaility; providing far ordinances in :Ord ict; and providing an effective dale. _ °R- 1'i -ctl1 +ppiic ll City. of South Miami It Ordinance of 'the Mayor and City Commission of the City of South Miami, Florida, amending the Lend evedopmend Code in order to set With standards and requirements for off - scree: goading by orsatdng cation 2C -a..4 (M).angiled "OY ;'- StreaB Leading Raqu @rasnend�' vrovdding for severahilifij; prouiding for 'dlnances in conVIN; and providing an effective date. All interested parties are urged to attend. objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing -The Planning Board a semas the right to recommend to the City COmm1e610n whatever the board ..Udders in the bast Interest for the area involved. Interested parties mitueeting information are asked to contact the Planning and Zoning Department by calling 305663 -6326 or wharf to the address indicated above. 7ou art hereby advised that if any parson desires to areas) any decision matle vigh respect Is any matter considered at He meeting or .,rearing, such person wi0 need a record Of UIE proceedings. are for such 9urrose may need to ensure that a verbatim record of the pre,medi,05 is made. vNCh record entries tiro astlMIDy and 6 /ILROW Upoo'Nf� ;eh tiha Eppe'ol is Cu bE bd:btl;F.5.2 °• -0.0105J, Rswro he9fing.lgRlb."'r When mE: ;lnp atrocity