05-20-08 Item 15CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor. Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager.
From: Sanford A. Youkilis, Acting Planning Direct orG
Date: May 20, 2008
ITEM No. `V
South Miami
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Subiect AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND
DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN
ORDER TO ADD A SUBSECTION (IT) PROVIDING CRITERIA FOR REVIEW AND
APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20- 6.1(B)(3)(h) IN
ORDER TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) regulations on variances (Section 20 -5.10) does not contain
specific criteria to be used in granting requested variances. Following a debate on approving a
variance at a recent City Commission meeting, Commissioner Beckman offered to work with the
Planning Department to develop specific criteria for possible inclusion in the Land Development
Code.
CURRENT REGULATIONS
The Land Development Code does contain a one sentence guideline for how the Planning Board
should judge variance applications. This is contained in Section 20-6. 1 (B)(3)(h), which is part of
the administrative regulations establishing the Board and its duties . The last sentence of this
paragraph is the only guidance on making variance decisions in the Code.
"Recommendations for a variance shall be made only when necessary to relieve
particular hardships or extraordinary conditions relating to a specific property, and
when the strict application of a particular regulation would result in peculiar and
exceptional hardship upon the owner of such property as distinguished from reasons
of convenience, profit or caprice. "
PROPOSED AMENDMENTS
(1) The proposed new criteria for judging variance requests is shown in the attached draft
ordinance (See p. 2- (H) ). It consists of five criterion which must be considered in approving a
requested variance. The proposed criteria is an appropriate addition to the Code and would
provide better guidance to both the Planning Board and the City Commission in making
recommendations and decisions on variance applications. The criteria proposed is very similar to
what appears in other municipal zoning codes. (see attachment -Coral Gables)
2
(2) If the new criterion are acceptable as an amendment, the Planning Board administrative duties
list in Section 20 -6.1 (13)(3) should be revised to remove the existing variance guidance sentence;
the Board will be required to use the new criteria set forth in new Section 20- 5.9(H) when making
a recommendation.
(3) The amendment to Section 20 -5.9 allows for a technical correction needed in (E). This sub-
section conflicts with Section 20 -5.5 (B)(2) which states the signature petition submittal required
of any application for a public hearing can only be an "awareness" petition. The City Attorney
has advised on several occasions that the use of the word "concurrence" was illegal and directed
that the word be removed.
PLANNING BOARD ACTION
The Planning Board at its April 8, 2008 meeting adopted a motion by a vote of 7 ayes 0 nays
recommending that Sections 20 -5.9 and 20- 6.1(B) Land Development Code be amended as set
forth in the attached draft ordinance.
RECOMMENDATION
It is recommended that the proposed amendments to Section 20 -5.9 and 20- 6.1(B) be approved.
Backup Documentation:
Draft Ordinance
Planning Department Staff Report 4 -8 -08
Coral Gables Zoning Code Section 3 -806
Planning Board Minutes Excerpt 4 -8 -08
Public notices
X: \Comm Items\2008 \4- 22- 08 \LDC Amend Variance Criteria CM Report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND
5 DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN
6 ORDER TO ADD A SUBSECTION (H) PROVIDING CRITERIA FOR REVIEW AND
7 APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20- 6.1(B)(3)(h) IN
8 ORDER TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR
9 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
10 AN EFFECTIVE DATE.
11
12
13 WHEREAS, the Land Development Code (LDC) regulations on variances (Section 20 -5.10)
14 does not contain specific criteria to be used in granting requested variances; and
15
16 WHEREAS, the Land Development Code in contained in Section 20- 6.1(B)(3)(h), does
17 contain a one sentence guideline for how the Planning Board should judge variance applications,
18 which is part of the administrative regulations establishing the Board and its duties; and
19
20 WHEREAS, at the request of the .City Commission the Planning Department prepared an
21 amendment to the Land Development Code which consists of five criterion which must be
22 considered in approving a requested variance; and
23
24 WHEREAS, the proposed criteria is an appropriate addition to the Code and would provide
25 better guidance to both the Planning Board and the City Commission in making recommendations
26 and decisions on variance applications ; and
27
28 WHEREAS, the Planning Board at its April 8, 2008 meeting, after public hearing, approved a
29 motion 'by a vote of 6 ayes 0 nay recommending that the proposed Land Development Code
30 amendments contained in this ordinance be adopted; and
31
32 WHEREAS, the City Commission desires to accept the recommendations of the Planning
33 Board and enact the aforesaid amendment.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1. That Section 20 -5.9 of the Land Development Code is hereby amended to read as
39 follows:
40
41 Section 20 -5.9 Variance approvals.
42
43 (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5
44 shall lapse after one year if no building permit has been applied for in accordance with the request
45 for such variance and if the city commission has not specified a longer approval period for good
46 cause shown.
47
48 (B) Extension of Variance Approvals. Four (4) affirmative votes of the city
49 commission may grant an extension to a previously approved variance if a proper and timely
50 request is made by the applicant prior to the expiration of the one year period.
51
52 (C) Hardship Statement. All applications for a variance shall include a letter of intent
53 indicating the specific nature of the hardship upon which the request is based.
54
55
W
2 (D) Property Survey Required. All applications for a variance shall include a current
3 property survey prepared by a registered surveyor.
4
5 (E) Neighborhood Awareness. All applications for a variance shall be
6 accompanied by a map which reflects all properties and the names of all property owners within a
7 five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the
8 signatures of at least twenty (20) percent of such property owners, indicating their awareness of
9 the proposed variance request.
10
11 (F) Proposed Site Plan Required. A site plan shall be required showing all proposed
12 buildings and setbacks and any other features relating to the variance request.
13
14 (G) Permitted Variance Requests. Applications for variances shall be restricted to only
15 the following:
16
17 (1) Yard setbacks
18 (2) Lot size
19 (3) Lot coverage
20 (4) Building height
21 (5) Fences and walls
22 (6) Impervious coverage
23 (7) Off- street parking
24 (8) Open space
25 (9) Signs
26 (10) Landscaping
27
28
29 "(H) All variance decisions shall be based on an affirmative finding as to each of the
30 following criterion:
31
32 1. The variance is necessary to relieve particular extraordinary conditions relating to a
33 specific property;
34
35 2. Denial of the variance would result in hardship to the owner. Hardship results if the
36 restriction of the zoning ordinance, when applied to a particular property, becomes
37 arbitrary, confiscatory or unduly oppressive because of conditions of the property
38 that distinguish it from other properties under similar zoning restrictions;
39
40 3. The extraordinary conditions and circumstances do not result from the actions of the
41 applicant;
42
43 4. The requested variance is the minimum variance necessary to make possible the
44 reasonable use of the land;
45
46 5. That the approval of the variance will be in consistent with the general intent and
47 purpose of the Land Development Code, and will not be injurious to the
48 neighborhood or otherwise detrimental to the public welfare."
49
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Section 2. That Section 20-6. 1 (B)(3)(h) of the Land Development Code is hereby amended to
read as follows:
Section 20 -6.1 Administrative entities
(B) Planning Board.
(3) Powers and Duties
(h) The board shall review and make recommendations on all applications for
variances from the requirements of this Code for yard setbacks, lot size, lot
coverage, building height, fences and. walls, impervious coverage, off -
street parking, open space, signs and landscaping. Recommendations for a
variance shall be made based_ upon the criteria set forth in Section 20-
5.9(H)• - -
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
day of , 2008
APPROVED:
CITY CLERK MAYOR
1't Reading —
2 °a Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items\2008 \4- 22- 08\LDC Amend Variance criteria Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
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INCORPORATED
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To: Honorable Chair and Date: April 8, 2008
Planning Board Members
From: Sanford A. Youkilis, AICP Re: LDC Amendment - Variance Decision
Acting Planning Director Criteria
PB -08 -016
Applicant: City of South Miami.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE
SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO ADD A
SUBSECTION (I) PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE
APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) regulations on variances (Section 20 -5.10) does not
contain specific criteria to be used in granting requested variances. Following a debate on
approving a variance at a recent City Commission meeting, Commissioner Beckman offered to
work with the Planning Department to develop specific criteria for possible inclusion in the
Land Development Code.
CURRENT REGULATIONS
The Land Development Code does contain a one sentence guideline for how the Planning Board
should judge variance applications. This is contained in Section 20-6. 1 (B)(3)(h), which is part
of the administrative regulations establishing the Board and its duties . The last sentence of (h)
shown below is the only guidance on recommending variances in the Code.
(B) Planning Board.
(3) ' Powers and Duties
(h) The board shall review and make recommendations on all applications
for variances from the requirements of this Code for yard setbacks, lot
size, lot coverage, building height, fences and walls, impervious
coverage, off - street parking, open space, signs and landscaping.
Recommendations for a variance shall be made only when necessary to
relieve particular hardships or extraordinary conditions relating to a
specific property, and when. the strict application of a particular
regulation would result in peculiar and exceptional hardship upon the
owner of such property as distinguished from reasons of convenience,
profit or caprice.
LDC Amendment
April 8, 2008
Page 2 of 4
PROPOSED AMENDMENT (1)
In order to insert specific criterion on judging variances Section 20 -5.9 of the Code would need
to be amended. Below is current section of the Code with a technical amendment in (E) and the
suggested new criteria shown in (H). (Note:. new proposed language is in bold underlined, wording removed
indicated by strikethrough)
20 -5.9 Variance approvals.
(A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-
5.5 shall lapse after one 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 *r -'r --- 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 0=4 VAM the proposed variance request.
(F) Proposed Site Plan Required. A site plan shall be required showing all proposed
buildings and setbacks and any other features relating to the variance request.
(G) Permitted Variance Requests. Applications for variances shall be restricted to
only the following:
(1)
Yard setbacks
(2)
Lot size
(3)
Lot coverage
(4)
Building height
(5)
Fences and walls
(6)
Impervious coverage
(7)
Off - street parking
(8)
Open space
(9)
Signs
(10)
Landscaping
LDC Amendment
April 8, 2008
Page 3 of 4
"(II) All variance decisions shall be based on an affirmative finding as to each of the
following criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating to
a specific property;
2. Denial of the variance would result in unnecessary hardship to the owner.
Hardship results if the restriction of the zonine ordinance, when applied to a
Particular property, becomes arbitrary, confiscatory or unduly oppressive because
of conditions of the property that distinguish it from other properties under similar
zoning restrictions;
3. The extraordinary conditions and circumstances do not result from the actions of
the applicant;
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land;
5. That the approval of the variance will be in harmony with the general intent and
purpose of the Land Development Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare."
PROPOSED AMENDMENT (2)
Section 20 -6.1
(B) Planning Board.
(3) . Powers and Duties
(h) The board shall review and make recommendations on all applications
for variances from the requirements of this Code for yard setbacks, lot
size, lot coverage, building height, fences and walls, impervious
coverage, off-street parking, open space, signs and landscaping.
Recommendations for a variance shall be made based upon the criteria
set forth in Section 20- 5.9(I�.
STAFF OBSERVATIONS
(1) The technical amendment in (E) is needed to remove a conflict with Section 20 -5.5 (B)(2)
which states the signature petition submittal required of any application for a public hearing can
only be an "awareness" petition. The City Attorney advised that the use of the word
"concurrence" was illegal and directed that the word be removed.
LDC Amendment
April 8, 2008 -
Page 4 of 4
(2) The proposed criteria suggested in Proposed Amendment (1) above, is an appropriate
addition to the Code and would provide better guidance an making recommendations and
decisions on variance applications. The criteria proposed is very similar to what appears in other
municipal zoning codes. (see attachment)
(3) Proposed Amendment (2) adjusts the Planning Board administrative duties list by removing
the variance guidance sentence and requiring the Board to use the new criteria set forth in new
Section 20- 5.9(H).
RECOMMENDATION
It is recommended that the proposed amendments to Section 20 -5.9 and 20- 6.1(B) be approved.
Attachments:
Coral Gables Zoning Code Section 3 -806
Public Notices
SAY
X:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports \4- 8- 08\PB -08 -016 LDC Amend Variance Criteria doc
ARTICLE 3 - DEVELOPMENT REVIEW
1 Section 3 -803. Application.
2
3 An application for a variance shall be made in writing upon an application form approved by the City staff,
4 and shall be accompanied by applicable fees.
5
6 Section 3 -804. City Staff review, report and recommendation.
7
8 A. City staff shall review the application in accordance with the provisions of Article 3, Division 2 of
9 these regulations.
10
11 B. Upon completion of review of an application, City staff shall:
12
13 1. Provide a report that summarizes the application and the effect of the proposed variance,
14 including whether the variance complies with each of the standards for granting variances in
15 Section 3 -806.
16
17 2. Provide written recommended findings of fact regarding the standards for granting variances as
18 provided for in Section 3 -806.
19
20 3. Provide a recommendation as to whether the application should be approved., approved with
21 conditions, or denied.
22
23 4. Schedule the application for hearing before the Board of Adjustment or the Historic Preservation
24 Board.
25
26 5. Provide notice of the hearing in accordance with the provisions of Article 3, Division 3 of these
27 regulations.
28
29 Section 3-805. Review, hearing and decision on variances.
30
31 The Board of Adjustment or the Historic Preservation Board in the case of variance involving historic
32 properties, shall review the application for a variance, the report, recommendation, and proposed
33 findings prepared by City staff, conduct a quasi-judicial public hearing on the application in accordance
34 with the requirements of Section 3 -304 and render a decision, based upon written findings of fact,
35 granting, granting with conditions, or denying the variance.
36
37 Section 3 -806. Standards for variances.
38
39 A. In order to authorize any variance from the terms of these regulations, the Board of Adjustment or
40 Historic Preservation Board, as the case may be, shall find:
41
42 1. That special conditions and circumstances exist which are peculiar to the land, structure or
43 building involved and which are not applicable to other lands, structures or buildings in the same
44 zoning district.
45
46 2. That the special conditions and circumstances do not result from the actions of the applicant.
47
48 3. That granting the variance requested will not confer on the applicant any special privilege that is
49 denied by these regulations to other lands, buildings or structures in the same zoning district.
50
51 4. That literal interpretation of the provisions of these regulations would deprive the applicant of
52 rights commonly enjoyed by other properties in the same zoning district under the terms of these
53 regulations and would work unnecessary and undue hardship on the applicant.
54
55 5. That the variance granted is the minimum variance that will make possible the reasonable use of
56 the land, building or structure.
3-41
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INCORPORATED
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, April 8, 2008
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 7:36 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, Ms. Young, Mr. Davis, Ms.
Yates, and Mr. Cruz. Absent: Mr. Farfan and Ms. Chael.
City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz
(Administrative Assistant).
III. Planning Board Applications/Public Hearing
PB -08 -016
Applicant: City of South Miami.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND
DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN
ORDER TO ADD A SUBSECTION (H) PROVIDING CRITERIA FOR REVIEW AND
APPROVING VARIANCE APPLICATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
Action: Ms. Yates read the item into the record.
Mr. Youkilis advised that the item was brought before the Planning Board due to a recent
item having to do with a variance before the City Commission. Currently there is no
specific criterion for the approval of variances. Commissioner Beckman offered to work
with the Planning Department to include specific criteria. The proposed amendment would
modify Section 20 -5.9. Mr. Youkilis referred to page 2 indicating the language change on
letter "E "; it is proposed to delete the word "Concurrence" and replace with "Awareness."
Planning Board Meeting
April 8, 2008 Excerpt
Page 2 of 2
Mr. Youkilis explained that the change was for clarification that a neighbor cannot be
required to sign. He advised that the signature shall be to simply make the neighbor aware
that a variance is being requested. He also advised that page 3 of the proposed
amendments, the City Attorney Figueredo to delete proposed "unnecessary" in section (H)
(2). He also advised that Mr. Figueredo recommended to remove the language "in
harmony" and replace it with "consistent" under section (H)(5). Staff recommended
approval of the proposed text amendment.
Mr. Morton requested that staff provide an example under the situation in which section
(H)(3) would apply and whether or not the purchase of the property would fall under this
category. Mr. Youkilis replied that it could be either an irregular shaped property which
may result in an individual not being able to meet the required setback. He also added that
in many cases under certain circumstances people have owned property for many years and
do not decide to do anything and then they realize that there is an extraordinary condition
that the current code would not allow them to do something which may justify a variance
related to physical problem as opposed to use.
Motion: Ms. Yates moved to approve the proposed text amendments to Section 20 -5.9 of
the Land Development Code as recommended by staff and Mr. Davis seconded with the
following recommendations:
1. Under Section 20- 5.9(E) remove "Concurrence" and replace with "Awareness."
2. The word "unnecessary" shall be removed from (H)(2).
3. Remove from (H)(5) the language "in harmony" and replace with "consistent."
Vote: 5 Ayes 0 Nays
XAComm Items\2008 \4- 22- 08\PB- Min- 04 -8 -08 Excerpt Variance.doc
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oftooro'i, 'COURTESY NOTICEI. ..eo'. _
p .
CITY -OF SOUTH -MIAMI,"'
N
<ort,o FLORIDA- .. Q _ -
On Tuesday, May, 20, 2008, beginning at , 7:30 p.m., in'" the • City }
Commission Chambers, 6130 Sunset:Driye;.the City Commfssion•will -hold - oa
Public Hearings to consider-the following items: z
A. RESOLUTION RELATING TO AN APPEAL OF A bECISION' OF.
THE ENVIRONMENTgL,REVIEW.AND PRESERVATION BOARD TO
DENY PROPOSED TAKE -OUT ORDER SIGNAGE FOR- CARRABBA'5.,,
ITALIAN 'GRILL -AND OUTBACK, STEAKHOUSE•;, ;RESTAURANT: "` i
LOCATED AT 5829 SW 7.3 STREET (SOUTH MIAMI MUNICIPAL _
PARKING GARAGE).
A RESOLUTION RELATING �TO.THE ISSUANCE OF A CERTIFICATEI: i a
OF "APPROPRIATENESS PURSUANT; TO •SECTION' 20'5.19(Q(3)7
OF THE LAND DEVELOPMENT' "CODE:, - THE EXTERI,OR
RENOVATION, PAINTING ,AND: SIGNAGE. "OW -A DESIGNATED .' "
HISTORIC COMMERCIAL BUILDING • LOGATED AT 5904 SUNSET';'-
DRIVE (AMSTER.BUILDINGS). _
A RESOLUTION RELATING TO A-- REQUEST : PURSOANT TO
SEGTfON 20- 3.4(13)(4)(b) OF THE AND DEVELOPMENT CODE -FOR ,
A SPECIAL USE - APPROVAL TO LOCATE A"GENERALBESTAURANT
LOCATED AT., 5734 SW:72 °tl STREET WITHIN THE SR -.(HD OV) :.' E
SPECIALTY RETAIL (HOMETOWN -DIST.,RICT,;OVERLAY) %ZONING:,..
DISTRICT. o
AN ORDINANCE AMENDING CHAP G
TER bF THE SOUTH MIAMI .:` x
CODE `'OF :- ORDINANCES '•BY CAEATIN.•SECTION ..7 --16 PRE ` __ :E
CONSTRUCTION AND CONSTRUCTION-STANDARDS FOR.SITES
REQUIRING CONSTRUCTION SITES:TO •BE. KEPT •IN:A'CLEAN "•'':
AND _ORDERLY CONDITION ;. REQUIRING':THE:INSTALLATION
OF A`CHA1N LINK FENCE PRIOR TO CONSTRUCTION:ALONG -;
THE, BORDERS. OF THE SITE; AND. 'T0: PROVIDE `',DETAILED'- '
PROCEDURES FOR OBTAINING :;FENCE =-.PERMIT PRIOR:; -TO -,
CONSTRUCTION. , r
AN ORDINANCE: AMENDING CHAPTER 7 OF THE SOUTH MIAMI
CODE. OF ORDINANCES • BY MODIFYING SECTION =. 7 15 2
"DEMOLITION REQUIREMENT; STANDARDS ",; TO.,-. PROVIDE.',.
ADDITIONAL CLARITY AS TO PROCEDURES`FbN OBTAINING'•-
FENCE PERMIT PRIOR TO DEMOLITION AND `.CONSTRUCTION,,;
PROVIDING FOR.SEVERABILITY ORDINANCES. IN CONFLICT
.AND AN EFFECTIVE DATE. .
AN ORDINANCE RELATING TO AMENDING THE_CITY'S CODE OF'
ORDINANCES CHAPTER 2,' ARTICLE I, - SECTION -2.:1 :(H) :AND
(J) ESTABLISHING PROCEDUR♦=S:FOR PUB'L`IC "COMMENTSTIN:'
ORDER TO FACILITATE•AN ORDERLY PROCESS 14- MANAGIN]'- _
PUBLIC. COMMENTS.
(AN ORDINANCE. RELATING TO A` REQUEST" TO`'AMEND "LA"
DEVELOPMENT CODE . SECTION _ =20- 5.9,rENTIT.LED,� "VARIAN_ G
APPROVALS" IN ORDER TO .'ADD: A :'.SUBSECTION (
PROVIDING. CRITERIA FOR REVIEW AND APPROVING VARIANC
APPLICATIONS' AMENDING- SECTION 20- 6.1(B)(3)(h) IN ORDE
TO REMOVE THE EXISTING.GUI DELI NE.
AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMEN 1 • -
CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" a i
IN ORDER TO ALLOW �A TEA ROOM FACILITY AS A' PERMITTED:
USE IN THE "GR" GENERAL RETAIL ZONING _USE DISTRICT.
AN ORDINANCE AMENDING THE CITY, OF SOUTH MIAMI PENSION_;:,
PLAN, PROVIDING FOR A _RESTATEMENT,OF... THE. PLAN.,TO;
CONSOLIDATETHE VARIOUS AMENDMENTS MADEOVER TIME
TO THE PLAN AND TO CLARIFY THE PROVISIONS OF, THE PLAN;'` '•'
PROVIDING ADMINISTRATIVE AMENDMENTS -TO -THE - PLAN..TO -, 4. 4
COMPLY WITH STATE AND FEDERAL REQUIREMENTS ;.PROVIDING ( -
FOR SEVERABILITY; PROVIDING FOR CODIFICATION:
AN ORDINANCE ADOPTING THE EVAULATION. AND ,.APPRAISAL,. ,
REPORT (EAR) BASED TEXT AMENDMENTS TO 'THE SOUTH
.MIAMI • COMPREHENSIVE PLAN; THE" AMFNDMENTSI :. ARE'
TO THE GOALS, OBJECTIVES, AND . POLICIES-: FOR :'THE ", I .
FOLLOWING COMPREHENSIVE PLAN._ ELEMENTS:., FUTURE..
LAND USE;TRANSPORTATION; HOUSING;.`INFRASTRU.GTURE; _.
CONSERVATION; - RECREATION AND. -' OPEN . - SPACE;'''
INTERGOVERNMENTAL COORDINATION;''' AND.'., "CAPITAL.
IMPROVEMENTS.
If you have any inquiries on the above items please contact.the•Planninq -
and Zoning Department's.off ice at:.305- 663 -6326.
ALL interested parties are invited to attend and'will b! e heard:
Maria M. Menendez, CIVIC, i
City Clerk•• "-
Pursuant to Florida Statutes 286.0105, -the City hereby advises the••
public -that if a person decides to ' appeal any. decision made by :this "
Board, Agency or Commission with respect to any matter considered a1- ,
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 of the proceedings is made which record includes tlie'
testimony and.evidence upon which the appeal is to be based:,