06-16-09 Item 14South Miami
All- America City
CITY OF SOUTH MIAMI I. ®r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Dir o , Planning and Zoning Department
Date: June 16, 2009 ITEM No.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20 -5.8 (C) ENTITLED "SPECIAL USE
APPROVAL: EXPIRATION OF SPECIAL USE APPROVALS" IN ORDER TO
MODIFY THE TIME PERIOD AND CONDITIONS UNDER WHICH A
SPECIAL USE APPROVAL WILL LAPSE; AND TO CREATE A SUBSECTION
(G) ENTITLED "ABANDONMENT OF SPECIAL USE" PROVIDING A
MAXIMUM TIME PERIOD AFTER WHICH A SPECIAL USE WILL BE
CONSIDEREED ABANDONED; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
SUMMARY
During its current review of the entire Land Development Code the Planning and Zoning
Department staff has determined that certain provisions need immediate consideration
due to legal problems, technical wording errors, or to respond to specific issues which the
Department is facing and cannot resolve.
In 2008 the City Commission approved two ordinances amending the Land Development
Code to allow additional time for getting a permit after the City Commission granted a
variance or the Environmental Review and Preservation Board (ERPB) approved a site
plan or a development proposal. Both of these amendments were a response to difficulties
expressed by many homeowners and businesses in getting the necessary financing and
permits /approvals from State and County agencies before the variance or ERPB approval
lapsed. There were continuing requests made to the City Commission and the ERPB for
time period extensions.
CURRENT LDC REGULATIONS
The Department has discovered that a similar expiration issue should have been changed
in 2008 when both of the above amendments were approved. A Special Use Approval
currently expires if a building permit has not been issued within six months. As with
variances, the follow through on a special use approval often requires obtaining financing
and permit/approvals from State and County agencies which often can not be completed
within the six month period. A number of special uses have requested extensions and in
some cases had to totally re -apply for approval.
PROPOSED AMENDMENTS
The attached ordinance extends the time frame to apply for building permit from six
months to one year after a special use approval is granted. The amendment is similar to
those adopted in 2008 and would be a reasonable extension of the special use expiration
period.
The Planning and Zoning Department is also recommending a technical amendment (new
Sub - section G) that a special use would loose its on -going special use classification if the
use failed to be operational or was abandoned or a period of six. (6) months or more. The
Department has enforced the six month abandonment as a policy, however, a specific
regulation in the LDC would be more legally sufficient.
PLANNING BOARD ACTION
The Planning Board at its May 26, 2009 meeting conducted a public hearing on the
proposed amendment and adopted a motion by a vote of 6 ayes 0 nays recommending
approval.
RECOMMENDATION
The City Manager upon review of the proposed amendment is suggesting that the
extension of time to apply for a building permit after special use approval should not be
allowed beyond the current period of six months without the payment of a fee. The
additional time is essentially a period of time where no revenue is coming to the City
from the special use approval. It is suggested that the additional fee be set at twice the
original special use -application fee, which would be $6,000. The payment of the fee
would grant six additional months to the approval.
It is recommended that the Section 20 -5.8 (C) of the attached draft ordinance be amended
on first reading to provide for the proposed fee as suggested above, and then adopted on
first reading.
Attachments:
Draft ordinance
Planning Board Meeting Excerpt 5 -26 -09
Planning Dept. Staff report 5 -26 -09
Public Notices
TJV /SAY
X: \Comm Items\2009 \6- 16- 09\LDC Amend Special use Expiration CM Report.doc
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51.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE SECTION 20- 5.8(C) ENTITLED "SPECIAL USE APPROVAL:
EXPIRATION OF SPECIAL USE APPROVALS" IN ORDER TO MODIFY THE
TIME PERIOD AND CONDITIONS UNDER WHICH A SPECIAL USE
APPROVAL WILL LAPSE; AND TO CREATE A SUBSECTION (G) ENTITLED
"ABANDONMENT OF SPECIAL USE" PROVIDING A MAXIMUM TIME
PERIOD AFTER WHICH A SPECIAL USE WILL BE CONSIDEREED
ABANDONED; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City did receive complaints from many homeowners and businesses
expressing difficulties in getting the necessary financing and permits /approvals from State
and County agencies prior to the expiration of a variance approval or an ERPB approval
resulting in continuing requests made to the City Commission and the ERPB for time
period extensions; and ,
WHEREAS, the City Commission in 2008 approved two ordinances amending. the
Land Development Code (LDC) to allow additional time for getting a permit after the City
Commission granted a variance or the Environmental Review and Preservation Board
(ERPB) approved a site plan or a development proposal; and
WHEREAS, current LDC regulations provides that a Special Use Approval will
expire if a building permit has not been issued within six months after a special use was
approved; and
WHEREAS, the follow through on a special use approval also requires obtaining
financing and permit/approvals from State and County agencies which often can not be
completed within the six month period, forcing a number of special use applicants to
request time extensions and in some cases to totally re -apply for approval; and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
Section 20- 5.8(C) of the Land Development Code which extends the time frame to apply
for building permit from six months to one year after a special use approval is granted,
which amendment is similar to those adopted in 2008 and would be a reasonable extension
of the special use expiration period; and
WHEREAS, the Planning and Zoning Department has also prepared a technical
amendment (Sub- section G) to the same section of the Land Development Code in order
to codify a current policy that a special use would loose its on -going special use
classification if the use failed to be operational or was abandoned for a period of six (6)
months or more: and
WHEREAS, the Planning Board at its May 26, 2009 meeting, after public hearing,
adopted a motion by a vote of 6 ayes 0 nays recommending that the proposed
amendments to the Land Development Code be approved; and
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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 THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -5.8 entitled "Special use approvals" of the Land Development
Code is hereby amended as follows:
Section 20 -5.8 Special use approvals.
(A) Use Schedule Reference. A special use may be granted for any use indicated in the
Permitted Use Schedule (Section 20 -3.4E) with an "S" designation in the appropriate district
column.
(B) Required Conditions.
(1) Prior to approving a special use, the city commission shall find that such use meets
the conditional requirements set forth in Section 20 -3.4 and that it:
(a) Will not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use;
(b) Will not be detrimental to the public welfare or property or improvements
in the neighborhood; and
(c) Complies with all other applicable Code provisions.
(2) Additional Conditions. The city commission may designate such additional
conditions in connection with a special use as will, in its opinion, assure that such
use will conform to the foregoing requirements.
(C) Expiration of Special Use Approvals. An approved special use shall lapse after 06
one year if the applicant has not applied for abuilding permit or no certificate of
occupancy has been issued for such use and if the city commission has not specified a longer
approval period for good cause.
(D) Extension of Special Use Approvals. Four (4) affirmative votes of the city
commission may grant an extension for a previously approved special use if a proper and timely
request is made by the applicant prior to the expiration of the approval period.
(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 city 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;
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(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.
Abandonment of Special Use. Failure to continuously operate a special use for
a period of six (6) months shall be considered an abandonment of the use and render the
special use status null and void.
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
1 st Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2009
APPROVED:
1/ : • Al,
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
(New wording in bold and underlined,- wording removed in )
X: \Comm Items\2009 \6- 16- 09 \LDC Amend Special use Expiration Ord.doc
1927
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 26, 2009
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 7:35 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Cruz, Ms. Yates, Mr.
Whitman, Mr. Comendeiro and Mr. Farfan. Absent: Ms. Young.
City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Alerik
Barrios (Assistant). Absent: Ms. Maria Stout- Tate (Administrative Assistant).
III. Planning Board Applications /Public Hearings
pu- n9 -n12
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
SECTION 20 -5.8 (C) ENTITLED "SPECIAL USE APPROVAL: EXPIRATION OF
SPECIAL USE APPROVALS" IN ORDER TO MODIFY THE TIME PERIOD AND
CONDITIONS UNDER WHICH A SPECIAL USE APPROVAL WILL LAPSE; AND
TO CREATE A SUBSECTION (G) ENTITLED "ABANDONMENT OF SPECIAL
USE" PROVIDING A MAXIMUM TIME PERIOD AFTER WHICH A SPECIAL USE
WILL BE CONSIDERED ABANDONED; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Whitman read the item into the record.
Mr. Youkilis informed the Board that during the review of the entire Land Development Code
the Planning and Zoning Department staff has determined that certain provisions need
immediate consideration due to legal problems, technical wording errors, or to respond to
Planning Board Meeting
May 26, 2009 2
specific issues which the Department is facing and can not resolve. In 2008 the City
Commission approved two ordinances amending the Land Development Code to allow
additional time for getting a permit after the City Commission granted a variance or the
Environmental Review and Preservation Board (ERPB) approved a site plan or a development
proposal. The LDC was amended to provide that an ERPB decision/approval would lapse if a
permit was not applied for within six months; the previous wording stated that the
decision/approval would lapse if a permit was not issued (Ord. No. 10 -08- 1945). A second
amendment to the LDC was that a granted variance would expire within one year if a permit
was not applied for; the previous wording stated that a variance would expire if construction
had not started within six (6) months (Ord. No. 11-08-1946).
Mr. Youkilis explained that the Department has discovered that a similar expiration issue
should have been changed in 2008 when both of the above amendments were approved. He
commented that a Special Use Approval currently lapses if a building permit has not been
issued within six months. As with variances, the follow through on a special use approval
often requires obtaining financing and permit /approvals from State and County agencies
which often can not be completed within the six month period. A number of special uses have
requested extensions and in some cases had to re -apply for approval. The Planning and
Zoning Department is recommending a technical amendment be added to this section which
would set forth that a special use is not a property owner's entitlement. A special use which is
vacated or abandoned would loose its on -going special use approval if the use failed to be
operational or was abandoned or a period of six (6) months or more. The Department has
enforced the six month abandonment as a policy, however, a specific regulation in the LDC
would be appropriate (A new sections is proposed).
Section 20 -5.8 Special use approvals.
(A) Use Schedule Reference. A special use may be granted for any use indicated in
the Permitted Use Schedule (Section 20 -3.4E) with an "S" designation in the
appropriate district column.
(B) Required Conditions.
(1) Prior to approving a special use, the city commission shall find that such use
meets the conditional requirements set forth in Section 20 -3.4 and that it:
(a) Will not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use;
(b) Will not be detrimental to the public welfare or property or
improvements in the neighborhood; and
(c) Complies with all other applicable Code provisions.
(2) Additional Conditions. The city commission may designate such additional
conditions in connection with a special use as will, in its opinion, assure that
such use will conform to the foregoing requirements.
Planning Board Meeting
May 26, 2009
(C) Expiration of Special Use Approvals. An approved special use shall lapse after
sii (6) mon one year if no building permit has been applied for or certificate of
occupancy has been issued for such use and if the city commission has not specified a
longer approval period for good cause.
(D) Extension of Special Use Approvals. Four (4) affirmative votes of the city
commission may grant an extension for a previously approved special use if a proper and
timely request is made by the applicant prior to the expiration of the approval period.
(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 city 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.
G) Abandonment of Special Use. Failure to continuously operate a special
Use for a period of six (6) months shall be considered an abandonment of
the use and render the special use status null and void.
Mr. Whitman questioned if a special use permit always included a building permit. Mr.
Youkilis responded that it could be a Certificate of Occupancy.
Mr. Morton questioned if the special use is tenant specific as oppose to site specific. Mr.
Youkilis responded that it could be both.
Planning Board Meeting
May 26, 2009 4
Ms. Yates questioned if another restaurant could come in to the same space within the six
month period of the special use or would they have to come back as a different restaurant. Mr.
Youkilis responded that it is a policy that if another restaurant came within six months they do
not have to go through the process and it should be written into the code. - -
Mr. Cruz questioned if a special use is in place for six months and then it lapses, is there a
limit to reapplying. Mr. Youkilis replied that is if a building permit has not been issued then is
a Special Use reapplication required. The LDC provides that "no reapplication for Special
Use shall be accepted by the City within twelve months of that date of the final disapproval ".
Mr. Cruz questioned if the applicant receives an approval but has difficulties with DERM
could they reapply. Mr. Youkilis replied that the applicant could go to the City Commission
as many times as they want for extensions.
Chairman opened the public hearing.
NAME ADDRESS SUPPORT /OPPOSE
Sharon McCain 7502 SW 58 Avenue Oppose
Ms. McCain questioned if there are special uses for other than restaurants. Mr. Youkilis
replied yes. She commented that she finds suspicious that the Board has always approved all
requested special uses. Ms. McCain questioned if special exceptions in the Hometown District
are affected by this special use proposal. Mr. Vageline responded no. Ms. McCain commented
that if developers do not have the financial situation or a set plan for their construction they
should not bring the City down when the project being proposed is sitting there not complete.
Chairman closed the public hearing.
Mr. Whitman suggested grammatical corrections to the wording in Section 20 -5.8 (C) in order
to clarify what was being proposed. All other Board members agreed with the proposed re-
wording.
Ms. Yates moved to approve the amendments to Section 20 -5.8 (C) as reworded as shown
below and the new wording for Section 20 -5.8 (G). Mr. Cruz seconded the motion.
(C) Expiration of Special Use Approvals. An approved specfal use shall lapse after
six (6) me one year if the applicant has not applied for abuilding permit or
no certificate of occupancy has been issued for such use and if the city commission
has not specified a longer approval period for good cause.
Vote: 6 Ayes 0 Nay
XAComm Items\2009 \6 -16 -09 \Minutes excerpt 09- 012.doc
s 0 U r� South Miami
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• INCORPORATED
1927
LpRVQ
2001
To: Honorable Chair and Date: May 26, 2009
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Amendment — Special Use
Planning and Zoning Department Expiration Sec. 20- 5.8(C)
PB -09 -012
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
SECTION 20 -5.8 (C ) ENTITLED "SPECIAL USE APPROVAL: EXPIRATION OF
SPECIAL USE APPROVALS" IN ORDER TO MODIFY THE TIME PERIOD AND
CONDITIONS UNDER WHICH A SPECIAL USE APPROVAL WILL LAPSE; AND
TO CREATE A SUBSECTION (G) ENTITLED "ABANDONMENT OF SPECIAL
USE" PROVIDING A MAXIMUM TIME PERIOD AFTER WHICH A SPECIAL USE
WILL BE CONSIDEREED ABANDONED; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
During its current review of the entire Land Development Code the Planning and Zoning
Department staff has determined that certain provisions need immediate consideration due to
legal problems, technical wording errors, or to respond to specific issues which the Department
is facing and can not resolve.
In 2008 the City Commission approved two ordinances amending the Land Development Code
to allow additional time for getting a permit after the City Commission granted a variance or the
Environmental review and Preservation Board (ERPB) approved a site plan or a development
proposal. Both of these amendments were a response to difficulties expressed by many
homeowners and businesses in getting the necessary financing and permits /approvals from State
and County agencies before the variance or ERPB approval lapsed. There were continuing
requests made to the City Commission and the ERPB for time period extensions.
The LDC was amended to provide that an ERPB decision/approval would lapse if a permit was
not applied for within six months; the previous wording stated that the decision/approval would
lapse if a permit was not issued (Ord. No. 10 -08- 1945). A second amendment to the LDC was
that a granted variance would expire within one year if a permit was not applied for; the
previous wording stated that a variance would expire if construction had not started within six
(6) months (Ord. No. 11-08-1946)
LDC Amendment
May 26, 2009
Page 2 of 3
CURRENT LDC REGULATIONS
The Department has discovered that a similar expiration issue should have been changed in
2008 when both of the above amendments were approved. A Special Use Approval currently
lapses if a building permit has not been issued within six months. As with variances, the follow
through on a special use approval often requires obtaining financing and permit/approvals from
State and County agencies which often can not be completed within the- six month period. A
number of special uses have requested extensions and in some cases had to re -apply for
approval. The amendment shown below is similar to those adopted in 2008 and would be a
reasonable extension of the special use expiration period.
The Planning and Zoning Department is recommending a technical amendment be added to this section
which would set forth that a special use is not a property owner's entitlement. A special use which is
vacated or abandoned would loose its on -going special use approval if the use failed to be operational or
was abandoned or a period of six (6) months or more. The Department has enforced the six month
abandonment as a policy, however, a specific regulation in the LDC would be appropriate. A new
sections is proposed.
PROPOSED AMENDMENT
fnew wording shown in bold/underlined; wording to be removed shown in t4 h)
Section 20 -5.8 Special use approvals.
(A) Use Schedule Reference. A special use may be granted for any use indicated in
the Permitted Use Schedule (Section 20 -3.4E) with an "S" designation in the appropriate district
column.
(B) Required Conditions.
(1) Prior to approving a special use, the city commission shall find that such use
meets the conditional requirements set forth in Section 20 -3.4 and that it:
(a) Will not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use;
(b) Will not be detrimental to the public welfare or property or improvements
in the neighborhood; and
(c) Complies with all other applicable Code provisions.
(2) Additional Conditions. The city commission may designate such additional
conditions in connection with a special use as will, in its opinion, assure that
such use will conform to the foregoing requirements.
(C) Expiration of Special Use Approvals. An approved special use shall lapse after
six (6) mo-O one year if no building permit has been applied for or certificate of occupancy
has been issued for such use and if the city commission has not specified a longer approval
period for good cause.
LDC Amendment
May 26, 2009
Page 3 of 3
(D) Extension of Special Use Approvals. Four (4) affirmative votes of the city
commission may grant an extension for a previously approved special use if a proper and timely
request is made by the applicant prior to the expiration of the approval period. - -
(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 city 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.
Abandonment of Special Use. Failure to continuously operate a special use
for a period of six (6) months shall be considered an abandonment of the use and render
the special use status null and void.
RECOMMENDATION
It is recommended that the proposed amendments to Section 20 -5.8 as set forth above be
approved.
Attachments:
Ord. No. 10- 08- 1945).
(Ord.No. 11 -08- 1946).
Public Notices
TJV /SAY
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.ORDINANCE NO. 1 0 -08 -1 945
AN ORDINANCE OF THE MAYOR AND CITY COYBUSSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING. SOUTH MIA1VII 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 MONTHS IF NO
PERMIT HAS BEEN APPLIED FOR; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Land Development Code (LDC) currently provides that final
approvals of plans by the Environmental Review and Preservation Board (ERPB) must lapse
after six months if no permit is issued (Sec. 20- 5.11(L); and
WHEREAS, in many cases involving large scale renovation or new construction there
can be considerable delay in obtaining a building permit and the applicant must request an
extension from the ERPB; and
WHEREAS the Planning Department recommended that the expiration period be
extended or the requirement to obtain a permit be adjusted to read "if no permit is applied for";
and
WHEREAS, the Planning Board at its December 11, 2007. 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 -5.1 l (L) of the Land Development Code; and
WHEREAS, the members of the Environmental Review and Preservation Board at its
December 18, 2007 reviewed the Planning Board's proposed modification and unanimously
supported it; 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 -5.11 entitled "Site Plan review approvals" and more specifically
subsection (L) entitled "Expiration" of the City's Land Development Code, is hereby amended to
read as follows:
20 -5.11 Site plan review approvals.
(L) Expiration. Final approval by ERPB shall lapse after six (6) months if no permit
is i applied for.
(2)
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
FEIN
Ord. No: 10 -08 -1945
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�pday of 2008
ATTEST:
APPROVED:
INI
CLERK MA OR
1st Reading: 3/4/08
2nd Reading: 3/18/08
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COND41SSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer
Commissioner Beckman-
(New wording underlined; wording to be removed indicated by strikethrough)
X:1Comm Items\2008\2- 19- 08\LDC Amend Expiration ERPB App Ord.doc
5-0
Yea
Yea
Yea
Yea
Yea
00 2
V
ORDINANCE NO. 11- 0 8 -19 4 6
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
,SOUTH MIAAH, FLORIDA, AMENDING SOUTH NIIANII 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 NELAM, 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 oneILLyear 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.
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. 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 .,270, 2008
ATTEST:
APPROVED:
C CL OR
st Reading: 3/4/08
2nd Reading: 3/18/08
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMbIISSION 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)
XAComm Items\200812- 19- 08\LDC Amend ExpirationVariances Orddoc
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