Ord. No. 04-94-1553ORDINANCE NO.4-94-1553
AN ORDINANCE OP THE MAYOR AND CITY COMMISSION OP THE
CITY_OF SOUTH MIAMI,-FLORIDA--AMENDING SECTION 20-6.2
(A)OP THE LAND DEVELOPMENT CODE BY CHANGING THE
POSTING THE RESULTS OP ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD (ERPB)MEETINGS TO IMMEDIATELY APTER
THE MEETING;BY ALLOWING BUILDING PERMITS APTER NOON OP
THE DAY FOLLOWING THE ERPB MEETING,IP OTHER CONDITIONS
ARE MET;AND ALLOWING APPEALS OP ERPB DECISIONS AT ANY
TIME BEPORE A BUILDING PERMIT IS ISSUED;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of South Miami has heretofore enacted a
Land Development Code,which Code provides for an Environmental
Review and Preservation Board (ERPB)and in Section 20-6.2 (A)
specifically provides:
All decisions and recommendations ofthe
Environmental Review and Preservation Board
(ERPB)with regard to single family
residences shall be considered final when
rendered.All other decisions and
recommendations of the Environmental Review
and Preservation Board (ERPB)shall be
considered final unless,within seven (7)
calendardaysafterthe posting ofthe
resultsof said meeting (which results must
bepostedontheCityHall bulletin board
within 24 hours),an appeal totheCity
Commissionshallbefiledwiththe City clerk
uponaformprescribed therefore.Appealsmay
takenbythe applicant,Interested citizens,
or City Administration.
;and
WHEREAS,experience has shown a7day appeal period after an
application's approval can work a hardship toa successful
applicant,and that ERPB Meeting results can and have been posted
immediately following the Meeting;
NOW,THEREFORE,BEIT ORDAINED BY THB MAYORANDCITY
COMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA:
Section 1.Section 20-6.2 (A)of the Land Development Code
be,and hereby is,amended to read as follows:
All decisions and recommendations of the Environmental
Review and Preservation Board (ERPB)shall be posted
on the City Hall bulletin board immediately following
the ERPB meeting.An applicant may obtain a building
permit after noon of the day after the ERPB meeting,at
which the application was approved,if all other
requirements for the permit have been met.An appeal
of an ERPB decision or recommendation may be filed at
any time before a building permit is issued by filing
same with the City Clerk upon a form prescribed
therefore.Appeals may be taken bythe applicant,
interested citizens,or the City Administration.
Section 2.If any section,clause,sentence,or phrase of
thisOrdinance is heldtobeinvalidor unconstitutional byany
court of competent jurisdiction,then said holding shall inno
way affect the validity ofthe remaining portions ofthis
Ordinance.
flection 3.AllOrdinancesorpartsofOrdinancesin
conflict herewith be,andthesamehereby are,repealed.
Section 4.This Ordinance shall take effect immediately at
thetimeofits passage.
PASSED ANDADOPTEDthis _1 dayof Marc
APPROVED:
MAYOR
faJWihuil
GfiTY CLERIC
C
READ AND APPROVED AS TO FORM;
CITY ATTORNEY
.,199*.
To:
illiam {jpS Hampton
City Manager
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Commission
From:/
Date:February 23,1994
3/1/94 Commission Agenda -Item #5
Re:Reduction of Waiting Period After
ERPB Review From 7 Days to24 Hours
Re:Issuing of Building Permits
Recommendation
1.Advantage to City:If this Ordinance is adopted,an
applicant maybe issued a building permit 24 hours after
final ERPB approval ifall requirements of the South Florida
Building Code have been met.
Itis important to understand that applicants cannot legally
beissuedpermitsifall requirement ofthebuildingcode
have not been met.
2.Disadvantages to City:There is no disadvantage to the
City in adopting this Ordinance.
3.Staff recommends approval of this Ordinance.
4.This Ordinance amends Section 20-6.2(A)of the City Code.
Attachments:
a)Planning Board minutes
b)Staff report
r
To:
From
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Dean Mimms,AICP
Director of Building,Zoning &
Community Development Dept
Bill Mackey
Planner
Date:February 18,1994
Re:ERPB Waiting Period
Proposed Ordinance
On January 4,1994,the City Commission reviewed a proposed
ordinance to reduce the seven day waiting period for appeals from
decisions of the Environmental Review &Preservation Board to
approximately "24 hours (after noon of the day after the meeting).
Discussion was held concerning the proposed ordinance and another
proposed ordinance which would eliminate review by the ERPB of
certain single-family residential projects.The City Commission
desires that applicants for permits be eligible for a permit one
day after the ERPB Meeting.Item was passed for first reading.
The ordinance specifically includes language,which states that
"an applicant may obtain a building permit after noon of the day
after the ERPB meeting,if all other requirements for the permit
have been met."The permit process may,in fact,take longer
than 24 hours.Language which anticipates this additional time
factor is included which states:"An appeal of an ERPB decision
or recommendation may be filed at any time before a building
permit is issued."This language effectively links appeal period
to project size,scale and intensity,because generally larger
projects will require more staff time for review and approval.
Staff recommends approval of this ordinance.Approval will
create an appeal period which is proportionate to the magnitude
of the project;rather than the current appeal period of seven
days,regardless of project magnitude or character.Immediate
posting of ERPB results as required by the proposed ordinance is
also recommended for approval,since it merely formalizes the
pre-existing,prompt posting practice of this Department.
The following documents are attached for your information:
Proposed ordinance passed for first reading on January 4,1994
Excerpted City Commission Minutes from January 4,1994
n j;iracr~-i
PB-94-002
Applicant:City Commission
Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA AMENDING SECTION 20-6.2 (A)OF
THE LAND DEVELOPMENT CODE BY CHANGING THE POSTING OF THE
RESULTS OF ENVIRONMENTAL REVIEW AND PRESERVATION BOARD
(ERPB)MEETING TO IMMEDIATELY AFTER THE MEETING.BY
ALLOWING BUILDING PERMITS AFTER NOON OF THE DAY FOLLOWING
THE ERPB MEETING,IF OTHER CONDITIONS ARE MET;AND
ALLOWING APPEALS OF ERPB DECISIONS AT ANY TIME BEFORE A
BUILDING PERMIT IS ISSUED;PROVIDING FOR SEVERABILITY;
PROVIDING OR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
Mr.Parr opened by asking Rick Jorczak to read the ordinance.Mr.
Jorczak read the ordinance for the record.Mr.Parr opened public
session.Noonewaspresentto speak eitherfororagainstthe
ordinance.Mr.Parr then closed the public session,and opened
executive session.Mr.Eisenhart motioned to approve ordinance.
Mr.Lefley seconded.
Vote:Approved:5 Opposed:0
PB Minutes 2/22/94
CHARGING THE DISBURSEMENT TO ACCOUNT NO.2000-4820 "RECREATION
-FOURTH OF JULY FIREWORKS".
Moved byMayor McCann,seconded byCommissioner Banks,the
resolutionbe adopted andassignedthenextnumberbytheCity
Clerk.
Motion passed 4/1:Mayor McCann,yea;Vice-Mayor Cooper,yea;
CommissionerBanks,yea;Commissioner Bass,yea;Commissioner
Carver,nay.
#5 ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 20-6.2 (A)OF THE LAND
DEVELOPMENT*.CODE BY PROVIDING THE APPEAL PERIOD OF SEVEN
CALENDAR DAYS FROM THE POSTING OF MEETING RESULTS SHALL NOT
PERTAIN TO SINGLE FAMILY RESIDENTIAL DWELLINGS,EXCEPT FOR NEW
CONSTRUCTION OR ADDITIONS TO EXISTING DWELLINGS;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT AND NA EFFECTIVE DATE.
Moved byMayor MCCann,secondedbyCommissioner Banks,thisbe
considered the first reading of the ordinance inits entirety and
itbeplacedonsecondreadingandpublichearingafter
considerationby the PlanningBoardand after inputbythe ERPB.
Movedby Mayor McCann,seconded by Commissioner Bass,toamend
theordinancebydeletingthewords"exceptfornewconstructionor
additionsto existing singlefamily dwellings"fromSection 1.
which would end that section at the word "rendered".
Motion passed 5/0:Mayor McCann,yea;Vice-Mayor Cooper,yea;
Commissioner Banks,yea;CommissionerCarver,yea;Commissioner
Bass,yea.
Mayor McCann noted that a similar ordinance has been placed on
the agenda (#6)by Commissioner Carver and she does not have any
problem withdiscussingbothatthesame time.Itisher opinion
that if certain criteria ismet,single family does not have togo
tothe ERPB for approval.Verylargeadditionsornew construction
should,buttheordinancemayneedto specifically addresscriteria
for single family housing developments.
Vice-MayorCooperrequestedthatthisitembedeferreduntil
afteraseriesofworkshopswiththeERPBand Commission,
Commission and Homeowners and Merchants and the Commission with
Administration.Jan Hochstim,ERPB members,distributed copies of
court decisions on ERPB criteria.
Moved by Mayor McCann,seconded by Commissioner Banks,the
further amend Section l.by stating "to add the following sentence"
rather than read as follows.
Motion passed 5/0:Mayor McCann,yea;Vice-Mayor Cooper,yea;
Commissioner Banks,yea;Commissioner Carver,yea;Commissioner
Bass,yea.
Moved by Commissioner Carver,seconded by Vice-Mayor Cooper,
to eliminate the waiting period for ERPB for decisions which
requireapermit.
Commissioner Carver stated that it takes time togo through
the permitting process so there does not need tobea specific
appealperiod.The ordinance that heis sponsoring eliminates ERPB
review period for single family additions or alterations.He
favors eliminating all waiting periods for all and eliminating
approval process for single family alterations and additions.
Moved by Commissioner Carver,seconded by Vice-Mayor Cooper,
to amend the -amendment to all a waiting period until the close of
the business 'day ofthedayofthemeetinginwhichthedecision
wasmade.The applicant will notbe able to apply forapermit
until the next day and the appeal period will run until the permit
is issued.
Motion was restated that the applicant cannot receive a permit
untilthenextday following the meeting andan appeal maybefiled
atany time up until the permit isissued.
Movedby Commissioner Carver,seconded by Vice-Mayor Cooper,
to further amend the amendment by stating after noon on the day
following the decision.
In order to clarify,all motions and seconds were removed at
this time.
Movedby Commissioner Carver,seconded by Vice-Mayor Cooper,
thatitis required that the decisions of the ERPBbeposted
immediatelyafterthe adjournment ofthe meeting andthatthe
applicant mayobtainthepermitafternoonontheday following the
meetingat which theERPB decision was rendered and that anyparty
mayappealtheERPB decision up until thetimethepermitis
issued.
Movedby Commissioner Carver,seconded by Vice-Mayor Cooper,
the amendment clarify "may obtain the permit after noon on the day
following the meeting at which the ERPB decision was rendered and
after all other permitting requirements are met and that "
Motion passed 5/0:Mayor McCann,yea;Vice-Mayor Cooper,yea;
Commissioner Banks,yea;Commissioner Carver,yea;Commissioner
Bass,yea.
Motionpassed5/0:Mayor McCann,yea;Vice-Mayor Cooper,yea;
Commissioner Banks,yea;Commissioner Carver,yea;commissioner
Bass,yea.
To:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor and City Commission Date:February 24,1994
illiam &V Hampton
City Manager
Re:3/1/94 Commission Agenda -
Item #4 ERPB Review Exemption
for Single Family Residential
This Ordinance would exclude from ERPB review all items but new
residential construction and sidewalks on arterial streets.
Recommendation
1.Advantage toCity:Reduces the amount oftimein permit
review process for alterations and additions for existing
homes.
2.Disadvantages to City:None
3.Staff recommends adoption of this Ordinance.
4.This Ordinance amends Section 20-5.11(D)of the City Code.
Attachments:
a)Planning Board minutes