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08-04-09 Item 21South Miami All-Amedca City CITY OF SOUTH MIAMI 1 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, Director Planning and Zoning Departme tg Date: July 28, 2009 ITEM No. 4A Subject: AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 5.9(E) ENTITLED "VARIANCE APPROVALS: NEIGHBORHOOD AWARENESS" IN ORDER TO ADD AN ALTERNATIVE REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED VARIANCE APPLICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Land Development Code Section 20 -5.5 provides regulations on what must be submitted as part of any application which requires a Planning Board or City Commission public hearing. This section governs all applications including variances, special uses, special exceptions, Comprehensive Plan applications, rezoning and text amendments. This section was last revised when the City Commission at its November 16, 1999 meeting adopted Ordinance No. 21 -99 -1695 containing a regulation requiring applicants to submit an awareness petition signed by 20% of the surrounding property owners or in the alternative submit an affidavit attesting that an awareness mail notice was sent to 50% of the. surrounding property owners. TECHNICAL CORRECTION AMENDMENT In the 1999 amendment Section (Section 20 -5.9 (E) entitled "Variance approvals ", was not adjusted to provide both awareness mail notice options. The 50% mail out notice was not included. In order to correct this situation the Planning staff and the Planning Board re- examined the entire notification process The Board felt the current regulations allowed for a 20% signature process or a mail out to 50% of the owners of property within 500 feet had a basic flaw. It was agreed that the applicant could carry out either of the two limited notification procedures and could avoid sending a notice to abutting property owners. The Board proposed that the mail 2 notice of an application filing should be sent to all owners within the 500 foot radius with special certified mail notices to abutting owners. In addition the Board felt that the 20% signature alternative was not sufficient to accomplish proper notification and should be eliminated. The. Board's recommendations are included in the amendment set forth below. PROPOSED AMENDMENTS (also see proposed ordinance) jnew wording shown in bold/underlined; wording to be removed shown in ° &4 a *hpe Article V. Procedures and Applications Section 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after one (1) 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 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 50) foot radius of the subject property. A notarized affidavit shall be presented to the Planning and Zoning Department within five (5) business days of submittal of an accepted application, attesting that the applicant gave notice of the proposed application to all the property owners within the noted five hundred (500) foot radius by regular U.S. mail with the exception of the abutting, or contiguous, property owners, who shall be made aware via Certified Mail. The affidavit shall be 3 accompanied by a copy of the notification letter together with conies of the Certified Mail receipts. PLANNING BOARD ACTION The Planning Board at its June 23, 2009 meeting conducted a public hearing on the proposed amendments and adopted a motion by a vote of 5 ayes 0 nays recommending approval. RECOMMENDATION It is recommended that the attached ordinance be approved on first reading. Attachments: Draft ordinance Planning Board Minutes Excerpt 6 -23 -09 Planning Dept. Staff report 6 -23 -09 Public Notices TJV /SAY X: \Comm Items\2009 \7- 28- 09 \LDC Amend Variance Awareness 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 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- 5.9(E) ENTITLED "VARIANCE APPROVALS: NEIGHBORHOOD AWARENESS" IN ORDER TO ADD AN ALTERNATIVE REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED VARIANCE APPLICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Land Development Code Section 20 -5.5 provides regulations on what must be submitted as part of any application which requires a Planning Board or City Commission public hearing. ; and WHEREAS, the City Commission in November 1999 meeting adopted an amendatory ordinance containing a regulation requiring applicants to submit an awareness petition signed by 20% of the surrounding property owners or in the alternative submit an affidavit attesting that an awareness mail notice was sent to 50% of the. surrounding property owners; and WHEREAS, the 1999 amendment Section (Section 20 -5.9 (E) entitled "Variance approvals ", was not adjusted to provide both awareness mail notice options; and WHEREAS, in order to correct this situation the Planning and Zoning Department and the Planning Board re- examined the entire notification process; and WHEREAS, an amendment to Section 20- 5.9(E) has been proposed that would require that mail notice of an application filing be sent to all owners within the 500 foot radius with special certified mail notices to abutting owners and that the 20% signature alternative should be eliminated because it is was not sufficient to accomplish proper notification; and WHEREAS, the Planning Board at its May 26, 2009 meeting, after public hearing, deferred action on the proposed amendments in order to allow staff to recommend revised procedures for providing the advanced awareness notice of the filing of all application for public hearings; and WHEREAS, the Planning Board at its June 23, 2009 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of proposed amendments to Section 20- 5.7'(F) 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 THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 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 PA Section 1.That Section 20- 5.9(E) entitled "Variance approvals" of.the Land Development Code is hereby amended as follows: Article V. Procedures and Applications Section 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after one (1) 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 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 (5500) foot radius of the subject property. A notarized affidavit shall be presented to the Planning and Zoning Department within five (5) business days of submittal of an accepted application, attesting that the applicant gave notice of the proposed application to all the property owners within the noted five hundred (500) foot radius by regular U.S. mail with the exception of the abutting, or contiguous, property owners, who shall be made aware via Certified Mail. The affidavit shall be accompanied by a copy of the notification letter together with copies of the Certified Mail receipts. 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 , 2009 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 52 53 ATTEST: CITY CLERK 1St Reading — 2nd Reading — umextWilma 11611009 CITY ATTORNEY 3 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: (New wording in bold and underlined, wording removed in #OA6 Moot ) X: \Comm Items\2009 \7- 28- 09\LDC Amend Variance Awareness Ord.doc �- ,1� r4 � INCORPORATED 1927 P RID CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, June 23, 2009 City Commission Chambers 7:30 P.M. �XCJRDT 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, Mr. Whitman, Mr. Farfan, and Ms. Young. Absent: Ms. Yates, Mr. Comendeiro City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A. Youkilis (Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria Stout -Tate (Administrative Assistant Il). IV. Planning Board Applications /Public Hearings (C) PB -09 -014 (continuation) (deferred from 5 -26 -09 meeting) 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- 5.9(E) ENTITLED "VARIANCE APPROVALS: NEIGHBORHOOD AWARENESS" IN ORDER TO ADD AN ALTERNATIVE REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED VARIANCE APPLICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Young read into the record. Mr. Youkilis stated that this variance is a similar technical amendment to the previous item, PB -09 -013. The amendment should contain the same wording as follows: Mr. Morton agreed with Mr. Youkilis and suggested that the Board accept the alternative wording hand -out which he provided for PB -09 -014: Section 20 -5.9 Variance approvals: (F) Neighborhood Awareness. All applications for a variance shall be accompanied by a map which reflects all properties and the correspondiL7g names of all roperty owners within a five hundred (500) foot radius of the subject property. A notarized affidavit shall be presented to the Planning Planning Board Meeting Excerpt June 23, 2009 Page 2 of 2 and Zoning Department within five (5) business days of submittal of an accepted application, attesting that the applicant gave notice of the proposed application to all the property owners within the noted five hundred (500) foot radius by regular US. Mail, with the exception of the abutting or contiguous property owners who shall be made aware via Certified Mail. The affidavit shall be accompanied by a copy of the notification letter, together with copies of the Certified Mail receipts. Motion: Mr. Morton. moved and Ms. Young seconded the motion to have section (E) be replaced with the same alternative wording as approved for PB -09 -013. Vote: 5 -0 Motion: Mr. Morton moved and Ms. Young seconded a motion that the Board approves the proposed amendment as amended. Vote 5 -0 Mr. Youkilis stated that the approval using this wording should also be placed into another section of the code that applies to any type of application. This is a generic section called "Applications requiring Public Hearings "; it is Section 20- 5.5(B)(2). The proposed language on mail notifications as drafted should be inserted into this section, and then all sections would be the same. Mr. Morton asked if staff wouldn't have to bring it back to the Board as a new ordinance, which Mr. Youkilis stated that they would bring it back to the Board at the next meeting. Mr. Whitman asked if all ordinances would be able to be submitted together so that they could go to the City Commission all together. Mr. Youkilis concurred and will submit all three ordinances together to the City Commission. XAComm Items \2009 \8- 4 -09 \PB Minutes 06.23.09 Excerpt Variance.doc S o U T� South Miami o� �r All- America City INCORPORATED fi 1927 LoRx�� 2001 To: Honorable Chair and Date: June 23, 2009 Planning Board Members From: Thomas J. Vageline, Director Re: LDC Amendment — Variance Notice Planning and Zoning Departmen Sec. 20- 5.9(E) SUPPLEMENTAL REPORT PB -09 -014 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- 5.9(E) ENTITLED "VARIANCE APPROVALS: NEIGHBORHOOD AWARENESS" IN ORDER TO ADD AN ALTERNATIVE REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED VARIANCE APPLICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. PLANNING BOARD ACTION The Planning Board at its last meeting deferred action on the above LDC amendment in order to allow staff to bring back alternative language concerning the awareness notification requirement. The proposed amendment inserted the same awareness notification that was required for all applications requiring public hearings in Section 20- 5(B)(2). During discussion the Board felt that the alternative notification method (registered mail to 50% of the owners within the 500 foot radius) needed to be revised. It was agreed that the 50% minimum number may not include abutting properties immediately affected by an application. The Board suggested changing the notification requirement to 100 %. LDC AMENDMENT ORIGINAL PROPOSAL ( MAY, 2009) 20 -5.9 Variance approvals. (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 or, in the event the applicant is unsuccessful in securinL, the reauired signatures an affidavit attestinL, that the applicant gave notice of the proposed application by registered mail to at least fifty (50) percent of the owners in the area. LDC Amendment June 23 2009 Page 2 of 2 LDC AMENDMENT ALTERNATIVE PROPOSAL, (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 send a mail notice that an application has been filed to all listed property owners within the. five hundred (500) foot radius of the subject property. The applicant shall submit a copy of the notification letter and an affidavit attesting that the applicant did mail an awareness notice of the proposed _application. o b RECOMMENDATION If the Planning Board concurs with the rewording (alternative proposal) suggested by staff above, a follow -up amendment to Section 20- 5.5(B)(2) "Applications requiring public hearings" will be presented to the Board at its next meeting. The proposed language on the awareness notification will be the same as adopted by the Board for the above amendment. It is recommended that the proposed alternative amendment to Section 20 -5.9 (E) as set forth above be approved. Attachments: Planning staff report 5 -26 -09 TJV /SAY X: \PB \PB Agendas Staff Reports\2009 Agendas Staff Reports \6- 23- 09\PB -09 -014 LDC Amend Revised Variance Notice.doc To: Honorable Chair and Date: May 26, 2009 Planning Board Members From: Thomas J. Vageline, Director Re: LDC Amendment — Variance Notice Planning and Zoning Departm Sec. 20- 5.9(E) PB -09 -014 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- 5.9(E) ENTITLED "VARIANCE APPROVALS: NEIGHBORHOOD AWARENESS" IN ORDER TO ADD AN ALTERNATIVE REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED VARIANCE APPLICATION; 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. Land Development Code Section 20 -5.5 provides regulations on what must be submitted as part of any application which requires a Planning Board or City Commission public hearing. This section governs all applications including variances, special uses, special exceptions, Comprehensive Plan applications, rezoning and text amendments. This section was last revised when the City Commission at its November 16, 1999 meeting adopted Ordinance No. 21 -99- 1695 containing a regulation requiring applicants to submit an awareness petition signed by 20% of the surrounding property owners or in the alternative, submit an affidavit attesting that an awareness mail notice was sent to 50% of the. surrounding property owners. The Planning and Zoning Department during the past decade has required all public hearing applicants to submit an awareness petition or proof of an awareness mail notice as set forth in the 1999 legislation. TECHNICAL CORRECTION AMENDMENT It was recently determined that a part of the regulations governing public hearing applications did not contain the mail notice awareness alternative. This section (Section 20 -5.9) entitled "Variance approvals ", sets forth certain additional application requirements, however, subsection (E) was not adjusted in 1999 to add in the alternative awareness mail notice process. A technical amendment as shown below will correct the situation and remove the non - compatibility with the general hearing requirements in Section 20- 5.5(B). LDC Amendment May 26, 2009 Page 2 of 2 PROPOSED AMENDMENT Lnew wording shown in bold/underlined; wording to be removed shown in °'•� 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20- 5.5 shall lapse after one (1) 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 fo 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 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 or, in the event the applicant is unsuccessful in securing the required signatures an affidavit attesting that the applicant gave notice of the proposed application by registered mail to at least fifty (50) percent of the owners in the area. RECOMMENDATION It is recommended that the proposed amendments to Section 20- 5.9(E) as set forth above be approved. Attachments: Ordinance No. 21 -99 -1695 Public Notices TJV /SAY X: \PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \5- 26- 09 \PB -09 -014 LDC Amend Variance Notice.doc ORDINANCE N0. 21 -99 -1695 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED "APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a program to update, clarify, and improve the provisions of the City's Land Development Code; and WHEREAS, after review and consideration, the Planning and Zoning Department has recommended amending certain provisions of Section 20 -5.5 pertaining to application procedures for items requiring public hearings; and WHEREAS, a specific amendment to Section 20 -5.5 was included in the Land Development Code Proposed Technical Amendments 99 -A document which was reviewed by the Planning Board at a public workshop held on October 26, 1999; and WHEREAS, on November 9, 1999, after Public Hearing regarding the proposed amendment to Section 20 -5.5 of the Land Development Code, the Planning Board voted 7 -0 to transmit the proposed amendment to the City Commission; 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 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -5.5, "Applications Requiring Public Hearings," and more specific, subsection (B) entitled "Required Submittal," of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -5.5 Applications requiring public hearings. The following procedures shall be followed for all applications requiring a public hearing before the Planning Board and City Commission, including all applications for rezoning, text amendments, special uses, variances and home occupational licenses. (A) Pre - application Conference. Prospective applicants shall first schedule a pre - application meeting with the director of Building and Zoning to discuss and analyze the proposed application request. No statements made or information given during such pre - application conference shall be binding upon the City or prospective applicant. Page 2 of Ord. No. 21 -99 -1695 (B) Required Submittal. At least ohe (22!) thin 30 calendar days prior to the first scheduled public hearing date on the application, the applicant shall file a formal application with the Building and Zoning department. At the time of this filing, the applications shall include: (1) A property survey by a registered surveyor; _ The signatures of at least twenty (20) percent of all property owners within five hundred (500) feet of the subject property, showing their awareness of and copse -wi4h the proposed application, or, in the event the applicant is (3) (22)Three (3) sets of mailing labels containing the name and address of all property owners of record, as reflected on the Miami -Dade County Property Appraiser's tax roll as updated, within a five hundred (500) foot radius of the validity of the mailing lists: (4) (g)A site plan showing the proposed project and all required yard setbacks and other requirements; and (5) {4)The appropriate filing fee. 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 take effect immediately at the time of its passage. PASSED AND ADOPTED this 16th ATTEST: �-s "o, CITY CLERK READ AND APPROVED AS TO FORM: 1st Reading: 11 /2/99 2nd Readi 11/16/99 CITY ATTORNEY day of November ,1999 APPROVED: Uy •I Commission Vote: Mayor Robina: Vice Mayor Russell Commissioner Bass: Commissioner Bethel: Commissioner Feliu: 5 -0 Yea Yea Yea Yea Yea