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03-18-08 Item 16South Miami 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, Interim City Manager _ ' From: Sanford A. Youkilis, Acting Planning Director l Date: March 18, 2008 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI 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. Background 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)). The ERPB may grant an extension not to exceed six months. In most cases, ERPB approval of plans are obtained for existing structures (renovation, painting, signs, etc.) within a six month period. This is usually enough time for submittal of plans and a permit to be issued for either renovation or painting. However, in cases involving large scale renovation or new construction there can be considerable delay in obtaining a building permit. As a result, the applicant must request an extension to the six month requirement from the ERPB in order to keep the ERPB approval active. In 2007, there were several applicants that had to request extension to the six month requirement from the ERPB. Based on the experience of the Planning Department, the ERPB expiration period needs to be extended or the requirement that a permit be issued be modified. The Planning Board recommended that the six month expiration period remain but the requirement to obtain a permit be adjusted to read "if no permit is applied for." It was agreed that this amendment would be fair to applicants and would avoid a growing number of extension requests. It was also felt that there would not be a need for the ERPB to grant extensions. Specific Amendment 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. Planning Board Action The Planning Board at its December 1], 2007 meeting adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed amendment. The ERPB, at its December 18, 2008, reviewed the Planning Board's proposed modification and unanimously supported it. (2) Recommendation It is recommended that the proposed amendment modifying the expiration condition for final approvals by the ERPB be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report, 12 -11 -07 Excerpt Planning Board Minutes 12 -11 -07 Public notices SAY X: \Comm Items\2008 \3- 18- 08 \LDC Amend Expiration of ERPB Approvals CM Report.doc 2 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT 5 CODE SECTION 20- 5.11(L) ENTITLED "EXPIRATION" IN ORDER TO EXTEND THE 6 TIME PERIOD AFTER WHICH THE FINAL APPROVAL OF THE ENVIRONMENTAL 7 REVIEW AND PRESERVATION BOARD SHALL LAPSE AFTER SIX MONTHS IF NO 8 PERMIT HAS BEEN APPLIED FOR; PROVIDING FOR SEVERABILITY, 9 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the Land Development Code (LDC) currently provides that final 12 approvals of plans by the Environmental Review and Preservation Board. (ERPB,) must lapse 13 after six months if no permit is issued (Sec. 20- 5.11(L); and 14 15 WHEREAS, in many cases involving large scale renovation or new construction there 16 can be considerable delay in obtaining a building permit and the applicant must request an 17 extension from the ERPB; and 18 19 WHEREAS the Planning Department recommended that the expiration period be 20 extended or the requirement to obtain a permit be adjusted to read "if no permit is applied for "; 21 and 22 23 WHEREAS, the Planning Board at its December 11, 2007 meeting, after a public 24 hearing adopted a motion by the vote of 6 ayes 0 nay recommending approval of a. proposed 25 amendment to Sec. 20- 5.11(L) of the Land Development Code; and 26 27 WHEREAS, the members of the Environmental Review and Preservation Board at its 28 December 18, 2007 reviewed the Planning Board's proposed modification and unanimously 29 supported it; and 30 31 WHEREAS, the City Commission desires to accept the recommendation of the 32 Planning Board and enact the aforesaid amendment. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1. That Section 20 -5.11 entitled "Site Plan review approvals" and more specifically 38 subsection (L) entitled "Expiration" of the City's Land Development Code, is hereby amended to 39 read as follows: 40 20 -5.11 Site plan review approvals. 41 42 (L) Expiration. Final approval by ERPB shall lapse after six (6) months if no permit 43 is i applied for. 44 �. 45 (2) 46 47 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this 48 ordinance are hereby repealed. F] F1 1 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 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 , 2008 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 'JXWT a03 MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer Commissioner Beckman: (New wording underlined; wording to be removed indicated by strikethrough) X: \Comm Items\2008\2- 19- 08\LDC Amend Expiration ERPB App Ord.doc ■■ 0 To: Honorable Chair and Planning Board Members From: Julian P . Planning arector Date: December 11, 2007 Re: LDC Amendment- Expiration of ERPB Approvals PB -07 -033 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI 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 IF NO PERMIT HAS BEEN ISSUED FROM SIX (6) MONTHS TO ONE (1) YEAR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND 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). The ERPB may be grant an extension not to exceed the six month. In most cases ERPB approval of plans are obtained for existing structures (renovation, painting, signs etc.) the six month period is usually enough time for submittal of plans and for a permit to be issued. However, in cases involving large scale renovation or new construction there can be considerable delay in obtaining a permit and the applicant must request an extension from the ERPB. This does occur several times a year. Extending the expiration time period for initiating construction after a variance is approved 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. The Planning Department felt that the ERPB expiration period also needed this same adjustment and the subject text amendment was initiated by the Planning Director. PROPOSED AMENDMENT In order to implement this change the following section of the Code must be amended: 20 -5.11 Site plan review approvals. (L) Expiration. Final approval by ERPB shall, lapse after one (1) year if no permit is issued, except as may be extended by the ERPB for a period not to exceed six (6) months. LDC Amendment Decemberll, 2007 Page 2 of 2 ' RECOMMENDATION It is recommended that the proposed amendment be approved. Attachments: LDC Section 20 -5.11 Public Notices JP /SAY Y:\PB\PB Agendas Staff Reports\2007 Agendas Staff Reports \I2- 11- 07\PB -07- -033 LDC Amend Expiration of ERPB Approvals.doc 20 -5.11 SOUTH MIAMI LAND DEVELOPMENT CODE (4) Structures and uses; (5) Parking spaces, accessways, driveways, sidewalks, wheel stops and curbs; (6) Curb cuts and median openings; (7) Lighting and irrigation systems; (8) Fences and walls; (9) Storm sewers; and (10) Dumpster locations. (I) Proposed Landscape Plan. The following landscaping information shall be submitted: (1) Proposed trees, shrubs, grass and other vegetation including their location, height, shape, size and type by both common and botanical classifications. (2) Proposed berms, water courses and topographic features, including their location, height, size and shape. (J) Proposed Buildings and Structures. All proposed structures, fences and walls shall be shown in elevation drawing reflecting their location, size, color, height and construction material. (K) Tabular Summary. A tabular summary, as required by the building and zoning department, shall be submitted. (L) Expiration. Final approval by ERPB shall lapse after six (6) months if no permit is issued, except as may be extended by the ERPB, for a period not to exceed six (6) months. (Ord. No. 12 -90 -1452, 7- 24-90; Ord. No. 3 -94 -1552, § 1, 3 -1 -94; Ord. No. 12 -96 -1612, § 7, 7- 30 -96; Ord. No. 19 -96 -1619, § 8, 10 -1 -96) 20 -5.12 Planned unit development approvals. (A) Review Procedures. Upon receipt of a complete application for the approval of a planned unit development, the building and zoning department shall review the application and submit its findings and recommendations to the environmental review and preservation board within thirty (30) calendar days from receipt of the application. All procedures and require- ments specified below shall apply to applications for planned unit developments. (B) Environmental Board Review. (1) The board shall, within thirty (30) calendar days following receipt of the complete application and staff recommendations, formally meet and consider the preliminary development concept .plan for the proposed planned unit development. (2). Prior to such meeting, the board may meet with the applicant to review the request at a special meeting. (a) Three (3) working days notice of such meeting shall be given by posting notice at City Hall. Errata 118 a, � soor�� r U INCORPORATED r 1927 O R 1 v CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, December 11, 2007 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 Action: 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. Davis, Mr. Farfan, Ms. Chael, and Ms. Beckman, and Ms. Young. Board Member Absent: Vice Chair Ms. Yates City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant). III. Planning Board Applications / Public Hearing PB -07 -033 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI 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 IF NO PERMIT HAS BEEN ISSUED FROM SIX (6) MONTHS TO ONE (1) YEAR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Young read the item into the record. Mr. Perez advised that the text amendment relates to the time frame provided to an applicant in order to secure a permit after obtaining approval from the Environmental Review and Preservation Board. Under certain circumstances an applicant has taken more than six months to secure a building permit thus resulting in a request for an extension. The Planning Board Meeting December 11, 2007 Page 2 of 2 Planning Department is trying to increase the time frame from six months to one year in order. to streamline the process. Staff finds that the extension will be of great benefit to the City therefore staff recommended approval for the text amendment. Mr. Morton suggested changing the word "issued" to "applied for ". Therefore, once the ERPB approves the proposed plans the applicant has no reason not to apply for the permit within the six month time frame. If no permit is applied for, the approval shall lapse and should a permit be applied for, the permit runs its course hence eliminating the time frame. The Board agreed with the above noted recommendations that the six month time frame should not be changed. Mr. Perez reconfirmed the Board's proposal and advised that the Board recommended.the text amendment shall read "Final approval from the ERPB shall lapse after six months if no permit is applied for" and eliminate "except as. may be extended by the ERPB for a period not to exceed six (6) months." Motion: Ms. Beckman moved to approve the text amendment request entitled "Expiration" with the amendments set forth above. Ms. Young seconded. Vote: 6 Ayes 0 Nays Mr. Perez advised that the Board's recommendations will be forwarded to the Environmental and Preservation Board for their review. xAcomm items\2008\2 -19 -08 \pbmins 12 -11 -07 excerpt erpb.doc Z r p p W W Q� Z W. 0 Z N 0 r a a a m n° E m m 'OWZqrFr�1¢ -Owx.Z OWZOwW W¢z £_ mw DEo rn NOJ¢LL> .U_m0'.- yOg ¢'F -Out ii. .. 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No a z� x T m m ma. ` m E O E U o o E mmaZ d D o D E m E O p; RE cc mwnyEwEOE ax m A� ° ap t o ° E 3 0 o Z6 m o WZ E L 7 N Ta mmm W a C a:w F2 O ¢ 0 0Q X �W LLLL °Oa U m m W j y LL m N rn Q O ` } O N Em m � L Lw CO LL W m J C O J Q c o`u ~ r m o N p U m '' O >¢ Un Ua 3 o Q¢ULLL m o am c v7 o O NU .O� SOUiI; - COURTESY NOTICE. a CITY 0- F SOUTH MIAMI,-FLORIDA. . On Tuesday, March 18, 2008, begtnntrig at 7:30 p.m., in the City commission Chambers- 6130 Sunset Drive, the City Commission will hold Public Hearings to cansider.the following items: AN ORDINANCE RELATING TO A REQUEST TO -AMEND THE. OFFICIAL ZONING' MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 5730 SW 49th STREET AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FORTHIS PROPERTY -AN ORDINANCE RELATING TO PENSION ORDINANCE; AMENDING CHAPTER 16, ARTICLE-(IQ, SECTION 16 -13 (B)- (AN ORDINANCE AMENDING THE SOUTH MIAMI 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 (6) MONTHS IF NO PERMIT HAS BEEN APPLIED FOR. AN ORDINANCE AMENDING THE SOUTH MIAMI LAND- DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE "AND SECTION 20 -7.12 ENTITLED "PERMITTED USES" IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED USE IN THE "SR(HD -OV) -, SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) "ZONING DISTRICT. AN ORDINANCE AMENDING SOUTH MIAMI 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. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(131)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL N USE APPROVAL TO LOCATE A GENERAL RESTAURANT AS PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY 4 PRATE- PUBLIC DEVELOPMENT LOCATED AT 5829 SW 73rd STREET WITHIN THE "SR (HD -OV) "SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZQNING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS . SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY. A RESOLUTION RELATING TO A REOUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW A LOT COVERAGE -OF 31% (1580 SQUARE FEET) WHERE A MAXIMUM OF 30% (1530 SQUARE FEET) IS PERMITTED ALL ON P,ROPERTYY LOCATED AT 6321 SW 43 STREET WITHIN AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT. If you have any inquiries on the above items please contact the City Clerk's office at 305 - 663 -6326. `ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CIVIC City Clerk - -- Pursuant to Rorida Statutes 286.0105, the City hereby advises the public that it a person decides to app& any decision made by this Board, Agency or Commission with respe;t to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record at the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. _P