08-04-09 Item 22South Miami
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CITY OF SOUTH MIAMI 11111.1
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 Departmen
Date: August 4, 2009 ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.5(B)(2) ENTITLED "APPLICATIONS
REQUIRING PUBLIC HEARINGS" IN ORDER TO REVISE THE
REQUIREMENTS FOR NOTIFYING PROPERTY OWNERS OF THE FILING
OF AN APPLICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
During a review of the proposed the procedures used to provide citizen awareness when a
zoning application is submitted the Planning Board felt that advanced awareness
notification the process set forth in Section 20- 5.5(B)(2) entitled "Applications requiring
public hearings" needed to. be updated. The change in the notification requirements and
procedures were also recommended for inclusion in two other sections dealing with
variances and rezoning /text amendments.
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
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 recommendation for this section would make all of the provisions related to
the awareness notification procedures the same. The Board's recommendation is set forth
below.
2
PROPOSED LDC AMENDMENT (also see proposed ordinance) fnew wording
shown in bold/underlined; wording to be removed shown in strike t re
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 and variances.
(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.
(B) Required Submittal. At least thirty (30) calendar days prior to the first
scheduled public hearing date on the application, the applicant shall file a formal
application with the Planning and Zoning department. At the time of this filing,
the applications shall include:
(1) A property survey by a registered surveyor;
Hatur-08 of
%-Off-eft-ass 01-P
PFOPOSOEI r. s CIA
tL
(2) All applications for a rezoning shall be accompanied by a map which
reflects all properties and a corresponding list of the names of all
Property owners within a five hundred (500) 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.
(3) 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
property which is subject to public hearing. The applicant shall also provide a
3
sworn affidavit attesting to the validity of the mailing lists;
(4) A site plan showing the proposed project and all required yard setbacks and
other requirements; and
(5) The appropriate filing fee.
PLANNING BOARD ACTION
The Planning Board at its July 14, 2009 meeting conducted a public hearing on the
proposed amendment. The Board adopted a motion by a vote of 6 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 7 -14 -09
Planning Dept. Staff report 7 -14 -09
Public Notices
TJ V /SAY
X: \Comm Items\2009 \8- 4- 09 \LDC Amend Hearing Notice General CM Report.doc
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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- 5.5(B)(2) ENTITLED "APPLICATIONS REQUIRING
PUBLIC HEARINGS" IN ORDER TO REVISE THE REQUIREMENTS FOR
NOTIFYING PROPERTY OWNERS OF THE FILING OF AN APPLICATION;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning Board has recommended revisions to both Section 20-
5.7(F) and Section 20 -5.9 (F) of the Land Development Code which deal with the
advanced awareness notice of the filing of an application for rezoning and variances; and
WHEREAS, the Planning and Zoning Department has also prepared a technical
amendment to Section 20- 5.5(B)(2) section of the Land Development Code which
provides alternative methods for the an awareness notification applicable to all applications
for public hearings; and
WHEREAS, all sections of the LDC which contain procedures for providing the
advanced awareness notice of the filing of application for public hearings should be the
compatible requiring similar procedures; 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-
5.5(B)(2) 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:
Section 1. That Section 20- 5.5(B)(2) entitled "Rezoning and text amendments" of the Land
Development Code is hereby amended as follows:
Article V. Procedures and Applications
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 and variances:
(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.
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(B) Required Submittal. At least thirty (30) calendar days prior to the first
scheduled public hearing date on the application, the applicant shall file a formal
application with the Planning and Zoning department. At the time of this filing,
the applications shall include:
(1) A property survey by a registered surveyor;
All applications for a rezoning shall be accompanied by a map which
reflects all properties and a corresponding list of the names of all
Property owners within a five hundred (500) foot radius of the subiect
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.
(3) 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 property which is subject to public hearing. The applicant shall also
provide a sworn affidavit attesting to the validity of the mailing lists;
(4) A site plan showing the proposed project and all required yard setbacks and
other requirements; and
(5) 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 be effective immediately after the adoption hereof.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
c3
day of , 2009
APPROVED:
MAYOR
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 \7- 28- 09\LDC Amend Hearing Notice General Ord.doc
South Miami
All-America City
2001
To: Honorable Chair and Date: July 14, 2009
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Amendment — Hearing Notice
Planning and Zoning Departmen Sec. 20- 5.5(B)(2)
PB -09 -016
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- 5.5(B)(2) ENTITLED "APPLICATIONS REQUIRING PUBLIC
HEARINGS" IN ORDER TO REVISE THE REQUIREMENTS FOR NOTIFYING
PROPERTY OWNERS OF THE FILING OF AN APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
BACKGROUND
The Planning Board at its last meeting approved two technical amendments to sections of the
Land Development Code dealing with the methods used to provide citizen awareness when a
zoning application is submitted. The amendments to the variance and re- zoning sections
modifies the awareness process by requiring 100% notification by regular mail of property
owners within a 500 foot radius of the subject address and a certified mail notice to abutting
owners. The amendment also removed an alternative notification process which allowed an
applicant to obtain signatures of 20% of the owners within the 500 foot radius.
This revised notification process also needs to be inserted into the general public hearing
process section which is applicable to many other public hearing procedures not specifically
listed as a separate section. Proposed below is an amendment to Section 20- 5.5(B)(2).
LDC AMENDMENT PROPOSAL
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 and variances.
(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.
LDC Amendment
July 14,2009
Page 2 of 2
(B) Required Submittal. At least thirty (30) calendar days prior to the first scheduled
public hearing date on the application, the applicant shall file a formal application with the
Building Planning and Zoning department. At the time of this filing, the applications shall
include:
(1) A property survey by a registered surveyor;
All applications for a rezoning shall be accompanied by a map which reflects
all properties and a corresponding list of the names of all property owners
within a five hundred (500) 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.
(3) 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 property which
is subject to public hearing. The applicant shall also provide a sworn affidavit
attesting to the validity of the mailing lists;
(4) A site plan showing the proposed project and all required yard setbacks and other
requirements; and
(5) The appropriate filing fee.
RECOMMENDATION
It is recommended that the proposed amendment to Section 20- 5.5(B)(2) as set forth above be
approved.
TJV /SAY
X:\PB\PB Agendas StaffReports\2009 Agendas Staff Reports \7- 14- 09\PB -09 -016 LDC Amend Hearing Notice General.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade Courtly, 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 /kWa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper,.published at Miami in Miami -Dade
CoU ty, Florida; ih tlhe.aitachec copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PLANNING & ZONING DEPT.
PUBLIC HEARING FOR JULY 14, 2009
in the XXXX Court,
was published in said newspaper in the issues of
07/02/2009.
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
02 day of JULY , A.D. 2009
(SEAL)
V. PEREZ personally known to me
o.,a1ly& Notary Public State of Florida
a t' Cheryl H. Marmer
My Commission DD793490
"ro, fed'' Expires 07/18012
' NOTICE'OF.PUBLIC HEARING
CITY Oi SOUTH MIAMI
SOWrfl:...
U
.. nGOpPOCn[n ..
Planning and ZoriIng Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663 -6326; Fax #: (305).668-7356
:On Tuesday, `July.14;' 2009 and 7:30 P.M., the City of South Miami'
Planning Board will hold a Regular Meeting `in order to conduct public
hearings.in the City. Commission Chambers at the above address on the,
following items:
IA) OB-06-015
Aoinilicant: GSC Restaurant.`:
:Location: 5823 Sunset Drive`
A RESOLUTION OF THE MAYOR AND CITY:COMMISSION OF THE
CITY OF SOUTH MIAMI; RELATING TO A.REQUEST PURSUANT TO
SECTION 20- 3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR
;SPECIAL USE'APPROVAL TO LOCATE'A GENERAL RESTAURANT
!AT 5823 SUNSET DRIVE WITHIN THE "SR (HD -OV)" SPECIALTY
;RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND
'PROVIDING AN EFFECTIVE DATE:: .
ifB)PB-09- 016.::.: ,: '....., j,...... :.
i
::'Apblicant:'City of South Miami ; -
1AN ORDIN ANCE OF THE MAYOR AND THE CITY COMMISSION OF'
:THE CITY 'OF .:SOUTH MIAMI, FLORIDA, AMENDING THE LAND
'DEVELOPMENT CODE' . SECTION 20,5,5(6)(2) ; . ENTITLED
"APPLICATIONS, `REQUIRING PUBLIC HEARINGS" IN ORDER .TO.
;REVISE : THE,' REQUIREMENTS; FOR ., NOTIFYING*. PROPERTY-1
iOWNERS OF THE FILING OF AN APPLICATION PROVIDING FOR'
'SEVERABILITY,'•ORDINANCES IN CONFLICT; AND - PROVIDING AN!
jEFFECTIVEDATED -
I ) P61-091 017
Applicant: City of SouttiMiami
A.N ORDINANCE OF THE MAYOR AND. CITY. COMMISSION OF THE
1CTTY OF SOUTH .MIAMI, FLORIDA, AMENDING: THE 2007 SOUTH
'MIAMI. EVALUATION AND APPRAISAL REPORT (EAR). BASED TEXT.
1AMENDMENT DOCUMENT_ ADOPTED BY-THE CITY COMMISSION;
iON AUGUST.23, 2007 AND FOUND CONSISTANT WITH STATE LAW
BY THE FLORIDA DEPARTMENT OF. COMMUNITY AFFAIRS ON:
JANUARY 18,:2008, IN ORDER TO REMOVE FROM -THE FUTURE.
LLAND USE ELEMENT A PROPOSED NEW .FUTURE LAND USE -
CATEGORY ENTITLED "NEIGHBORHOOD; CENTER P MIXED USE.
;DISTRICT "; PROVIDING • FOR 'SEVERABILITY; ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE :. .
ID) PB =09 -018 -.
Applicant: City of South Miami.
AWORDINANCE OF,THE MAYOR AND THE CITY COMMISSION OF,
j:THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DE-
VELOPMENT CODE SECTION 20- 4.4(F)(2)(c) ENTITLED "SPACES.
LOCATED OFF -SITE" IN ORDER TO REMOVE PROVISIONS ALLOW -;
`ING FOR LEASING OF OFF= SITE)PARKING SPACES AS A METHOD'.
TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20 -7.6
ENTITLED . "PARKING" 1N HOMETOWN DISTRICT IN ORDER TO
,MODIFY, SECTION 20- 7.6(C)(2)(b) BY REMOVING THE OPTION OF
:LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PRO -
VIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY, ORDI -.
NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
All interested parties are Urged•to attend. Objections or expressions of ap-
proval may be made in persons at the hearing or filed in writing prior to or
at the hearing. The Planning Bored reserved the right.to recommend to
the City Commission Whatever the bored 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 Yo the address.iridicated 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'rieed a.wecord 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.
7/2 09- 3- 123/1261926M
THURSDAY, JULY 9, LOOj I _13G5
NOTICE OF PUBLIC HEA93NG
CITY-OF SOUTH MIAMI
Planning and Zoning Depaftment
6130 Sunset Drive; South Miami, Florida 33.143
Phone: (305) 663-6326; Fax (306) 668-7356
On'Tuesday, July 14,2009 at 7:30 P.M., the City of South Miami Planning Board will hold a Regular
Meeting in order to conduct public hearings in the City Commission Chambers at the above address on
the following items:
'(A) PS -09 -015
Applicant: GSC Restaurant.'
Location: 5823 Sunset Drive
A RESOLUTION OF THE MAYOR AND.CITY COMMISSION OF THE- CITY OF SOUTH MIAMI,
RELATING TO A REQUEST PURSUANT TO SECTION 203.4 (B) (4) (b) OF THE LAND DEVELOPMENT
CODE FOR SPECIAL' USE APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5823 SUNSET
DRIVE WITHIN THE "SR (HD-OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT, AND PROVIDING AN EFFECTIVE DATE.
(B) PB-09-016
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 20-6.5(6)(2) ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS" IN ORDER TO REVISE THE REQUIREMENTS I
FOR NOTIFYING PROPERTY OWNERS OF THE FILING OF AN APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
(C) PB-09-017
Applicant City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI
FLORIDA; AMENDING THE 2007 SOUTH MIAMI EVALUATION AND-APPRAISAL REPORT (EAR)
BASED. TEXT AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON AUGUST
-231 2007 AND FOUND. CONSISTANT WITH STATE LAW BY THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS ON JANUARY 18,2008,-IN ORDER TO REMOVE FROM-THE FUTURE LAND
USE ELEMENT A PROPOSED NEW FUTURE LAND USE CATEGORY ENTITLED 1,NEtGHBdRH00_j�,
CENTER /MIXED USE DISTRICT"; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, .
AND PROVIDING AN EFFECTIVE DATE.
(0) PB_ 9-618
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 20-4.4(F)(2)(c) 'ENTITLED.
"SPACES LOCATED OFF-SITE" IN ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING
OF OFF-SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; AMENDING-
SECTION 20-7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY SECTION
20-7.6(C)(2)(b) BY REMOVING THE OPTION OF LEASING OF OFF -SITE PARKING SPACES AS A
METHOD TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES . IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
All interested parties are urged to attend, Objections or expressions of approval may he made in person at the
'f the
hearing or lied in writing prior to or at the hearing. The Planning Board reserves the right to recommend to city
Commission whatever the hoard considers In the best interest for the area involved, Interested parties requesting
information are asked to contact the Planning and Zoning Department by calling 305-663632.6 or writing to the
address indicated above.
.You are hereby advised that'd 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 d 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 he based. (F.S. 286,0 105), Refer to hearing number when making any inquiry.
ur
INCORPORATED
1927
• P
ORI
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 14, 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 7:40 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: Present: Mr. Morton, Ms. Yates, Mr. Whitman, Mr. Cruz, and Ms. Young.
Absent: Mr. Farfan, 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 II).
IV. Planning Board Applications/Public Hearings
(B) PB -09 -016
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- 5.5(B)(2) ENTITLED "APPLICATIONS REQUIRING PUBLIC
HEARINGS" IN ORDER TO REVISE THE REQUIREMENTS FOR NOTIFYING
PROPERTY OWNERS OF THE FILING OF AN APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Action: Mr. Cruz read this item into the record.
Discussion:
Mr. Youkilis stated that at the last Planning Board meeting, the Board approved two technical
amendments to sections of the Land Development Code dealing with the methods used to
provide citizen awareness when a zoning application is submitted. The amendments to the
variance and re- zoning sections modifies the awareness process by requiring 100%
Planning Board Meeting Excerpt
July 14, 2009
Page 2 of 3
notification by regular mail of property owners within a 500 foot radius of the subject address.
and a certified mail notice to abutting owners. The amendment also removed an alternative
notification process which allowed an applicant to obtain signatures of 20% of the owners
within the 500 foot radius. This revised notification process also needs to be inserted into the
general public hearing process section which is applicable to many other public hearing
procedures not specifically listed as a separate section. Proposed below is a proposed
amendment to Section 20 -5.5.
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 and variances.
(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.
(B) Required Submittal. At least thirty (30) calendar days prior to the first
scheduled public hearing date on the application, the applicant shall file a formal application
with the Planning and Zoning department. At the time of this filing, the applications
shall include:
(1) A property survey by a registered surveyor;
. ...
.......
1�
SIO-Z-za-Im S,
(2) All applications shall be accompanied by a map which reflects all properties
and a corresponding list of the names of all property owners within a five
hundred (500) 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.
Planning Board Meeting Excerpt'
July 14, 2009
Page 3 of 3
(3) 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 property
which is subject to public hearing. The applicant shall also provide a sworn
affidavit attesting to the validity of the mailing lists;
(4) A site plan showing the proposed project and all required yard setbacks and
other requirements; and
(5) The appropriate filing fee..
Mr. Youkilis recommended that the proposed amendment to Section 20- 5.5(B)(2) as set forth
above be approved. Mr. Morton inquired if it is all applications or for re- zoning only. Mr.
Youkilis stated that it is for all public hearing applications
Ms. Young questioned the wording:, "the applicant shall also provide a sworn affidavit
attesting to the validity of the mailing list ". Mr. Youkilis stated that the companies providing
the of list with addresses of owners must supply the affidavit. Ms. Young - answered that in the
subject section there is no comma after the word abutting:
Mr. Morton opened the Public Hearing.
Mr. Morton closed the Public Hearing. ( there were no speakers on this item)
Motion:
Ms. Yates made a motion to recommend approval of the proposed amendment. Mr. Cruz
seconded the motion.
Vote: 5 yes 0 no
The motion was adopted.
XAComm Items\2009 \8- 4 -09\PB Minutes 7 -14 -09 Excerpt Hearing.doc