06-10-08 Item 91 South Miami
All-America City
CITY OF SOUTH MIAMI 111111
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: Sanford A. Youkilis, Acting Planning Director
Date: June 3, 2008 ITEM No.�
Subiect
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING LAND DEVELOPMENT CODE SECTION 20-
5.11(E) ENTITLED "SITE PLAN REVIEW APPROVALS - GENERAL APPLICATION
REQUIREMENTS" IN ORDER TO REQUIRE THAT ARCHITECTURAL PLANS FOR
ALL NEW CONSTRUCTION MUST BE SIGNED AND SEALED BY A FLORIDA
REGISTERED ARCHITECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) in Section 20- 5.11(A) currently provides site plan review
approvals of all new building construction visible from a public street including new single
family residences. A subsequent section (Section (20- 5.11)(E), sets forth the procedures to be
followed by the Environmental Review and Preservation Board and the plan submission
requirements. This section provides general application requirements but does not specifically
require that new construction plans for one -story single- family residences to be signed and sealed
by a Florida registered architect.
At its April 15, 2008 meeting, the ERPB passed a motion by a unanimous vote requesting that the
LDC be amended to provide that architectural plans for new construction of single - family
residences shall be signed and sealed by a Florida registered architect. The motion was due to the
Board expressing concerns that currently there are no regulations addressing the need to require
that architectural plans for all new one -story single - family residence must be signed and sealed.
The Board noted that the recently adopted Ordinance No. 27 -07 -1928 concerning two story
homes, mandated that submitted plans for two -story single - family residences must to be signed
and sealed by a Florida registered architect. It was acknowledged by the ERPB that the same
requirement should apply to one -story homes as well.
PLANNING BOARD ACTION
The Planning Board at its May 13, 2008 meeting conducted a public hearing and suggested a
slightly different amendment be considered. The Board felt that all plans for "new construction"
should be sealed and submitted by a registered architect. The Board adopted a motion by a vote of
5 ayes 0 nays recommending that a Section 20- 5.11(E) should be amended to add a new sub-
section (5) to read as follows:
(5) The architectural plans for all new construction must be signed and sealed by a
Florida registered architect.
2
RECOMMENDATION
It is recommended that the proposed amendment to Section 20 -5.11 (E), as recommended by the
Planning Board be approved on first reading. The Administration is also recommending a
technical amendment to sub - section (4) in order to clarify that an engineer's plans can not
substitute for a registered architect in the case of new construction.
Backup Documentation:
Draft Ordinance
LDC Section 20 -5.11
Planning Department Staff Report 5 -13 -08
Planning Board Minutes Excerpt 5 -13 -08
Public notices
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ORDINANCE NO.
A ORDINANCE OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING LAND DEVELOPMENT CODE SECTION 20- 5.11(E)
ENTITLED "SITE PLAN REVIEW APPROVALS - GENERAL APPLICATION
REQUIREMENTS" IN ORDER TO REQUIRE THAT ARCHITECTURAL PLANS FOR
ALL NEW CONSTRUCTION MUST BE SIGNED AND SEALED BY A FLORIDA
REGISTERED ARCHITECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Land Development Code (LDC) regulations set forth in Section 20- 5.11(E)
currently provides site plan review approvals of all new building construction visible from a public
street including new single family residences. ; and
WHEREAS, the Land Development Code does not specifically require that new construction
plans for one -story single - family residences to be signed and sealed by a Florida registered
architect; and
WHEREAS, the recently adopted Ordinance No. 27 -07 -1928 concerning two story homes,
mandated that submitted plans for two -story single - family residences must to be signed and sealed
by a Florida registered architect; and
WHEREAS, at its April 15, 2008 meeting, the ERPB passed a motion by a unanimous vote
requesting that the LDC be amended to provide that architectural plans for new construction of
single - family residences shall also be signed and sealed by a Florida registered architect; and
WHEREAS, the Planning Board at its May 13, 2008 meeting, after public hearing, approved
a motion by a vote of 5 ayes 0 nays recommending that all plans for "new construction" should be
sealed and submitted by a registered architect; 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- 5.11(E) of the Land Development Code is hereby amended to read as
follows:
Section 20- 5.11(E) Site plan review approvals
(E) General Application Requirements;
(1) Plans and supporting data as specified in this section shall be submitted with each
application.
(2) Preliminary plans may be submitted for environmental review board review prior
to final plan submittal.
(3) Final plans must be submitted prior to a decision of the environmental review
and preservation board.
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(4) Required information shall include the title of the project, name of developer,
name of planner, architect, engineer, north arrow, date, scale and legal
description of the property.
(5) The architectural plans for all new construction must be signed and sealed by
a Florida registered architect.
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
the remaining portions of this ordinance.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
day of , 2008
APPROVED:
CITY CLERK MAYOR
ls` Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
X: \Comm Items\2008 \6- 3- 08\LDC Amend Registerd Architect Ord.doc
20 -5.10 SOUTH MIAMI LAND DEVELOPMENT CODE r
(F) Appeals.
(1) The applicant, or any aggrieved property owner in the City of South Miami, may
appeal decisions of the city manager to the city commission under Section 20- 6.1(E) of
this Code. An administrative appeal must be filed within fifteen (15) days following the
publication of the city manager's decision.
(2) In the event that an appeal is filed by.any aggrieved property owner within the City
of South Miami, the city manager may stop or suspend any construction authorized by
the waiver until a decision has been made on the appeal. In the event the city manager
should determine that the suspension of the construction could cause. imminent peril
to life or property, the city manager may permit the construction to continue upon such
conditions and limitations, including furnishing of an appropriate bond, as may be
deemed proper under the circumstances.
(Ord. No. 15 -94 -1564, § 1, 10 -4 -94; Ord. No. 4 -95 -1577, § 1, 4 -4 -95)
20 -5.11 Site plan review approvals.
(A) Applicability. Site plans shall not require a public hearing but shall be submitted for
review and approval by the environmental review and preservation board prior to the issuance
of a permit for:
(1) Any new building or other structure which is visible from any public or private street; k
and
(2) Any material alterations to an existing building or other structure which is visible
from any public or private street.
(B) Standards and Guidelines. The environmental review and preservation board shall
review the following aspects of all site plans:
(1) Scale, color, texture and appropriateness of all proposed buildings and other struc-
tures;
(2) Quantity, quality and arrangement of all proposed landscaping and open space
features;
(3) Overall compatibility of the proposed development with the existing ' and desired
character of the property and neighborhood in which located; and
(4) The installation of sidewalks along all arterial roadways and compliance with the city's
sidewalk policies and requirements.
(C) Review and Approval.
(1) The environmental review and preservation board shall review the proposed site plan
at its first regularly scheduled meeting following proper filing of such material.
(2) All approved site plans shall bear an official city stamp and the signature of the board
chairman presiding at the meeting when such plans were approved. (\
Errata 116
PROCEDURES AND APPLICATIONS 20 -5.11
(3) If a site plan is denied or modifications are recommended, the board shall, if possible,
make specific findings as to the reasons for such denial or modifications, and
recommend appropriate changes to the applicant.
(D) Review Exceptions. Notwithstanding any other regulations of this Code, the environ-
mental review and preservation board shall not review any additions or alterations to single
family residential dwellings, except for the installation of sidewalks along all arterial
roadways and compliance with the city's sidewalk policies and requirements.
(E) General Application Requirements.
(1) Plans and supporting data as specified in this section shall be submitted with each
application.
(2) Preliminary plans may be submitted for environmental review board review prior to
final' plan submittal.
(3) Final plans must be submitted prior to a decision of the environmental review and
preservation board.
(4) Required information shall include the title of the project, name of developer, name of
planner, architect and/or engineer, north arrow, date, scale and legal description of the
property.
(F) Existing Site Characteristics. Information shall . be shown reflecting the following
existing features of the subject property:
(1) Property survey by registered surveyor;
(2) Rights -of -way and easements;
(3) Structures and uses;
(4) Photographs of surrounding properties; and
(5) Zoning districts.
(G) Existing Ree Survey.
(1) Except for applications involving single - family dwellings, a tree survey shall be
submitted with each site plan approval application.
(2) The survey shall give the location, size and specie of all existing trees with more than
a three (3) inch DBH caliper trunk size and shall be signed and sealed by a registered
surveyor.
(H) Proposed Site Plan. The following information, indicating the proposed character of the
developed property, shall be submitted.
(1) Name, address and phone of owner and designer;
(2) Property lines;
(3) Rights -of -way and easements;
Errata 117
s o U T� South Miami
All - America Cihl
U ^'
INCORPORATED
1927
44 R 10,
2001
To: Honorable Chair and Date: May 13, 2008 .
Planning Board Members
From: Sanford A. Youkilis, AICP Re: LDC Amendment
Acting Planning Director )17 Site Plan Review Approvals
PB -08 -021
Applicant: City of South Miami.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, DIRECTING THE PLANNING BOARD TO CONSIDER AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.11(E) "SITE PLAN REVIEW APPROVALS" IN
ORDER TO PROVIDE THAT THE ARCHITECTURAL PLANS FOR ONE -STORY SINGLE -
FAMILY NEW CONSTRUCTION RESIDENCE MUST BE SIGNED AND SEALED BY A
FLORIDA REGISTERED ARCHITECT; PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) in Section 20- 5.11(A) currently provides site plan review approvals
of all new building construction visible from a public street including new single family residences. A
subsequent section (Section (20- 5.11)(E), sets forth the procedures to be followed by the Environmental
Review and Preservation Board and the plan submission requirements. This section provides general
application requirements but does not specifically require that new construction plans for one -story
single - family residences to be signed and sealed by a Florida registered architect.
At its April 15, 2008 meeting, the ERPB passed a motion by a unanimous vote requesting that the LDC
be amended to provide that architectural plans for new construction of single- family residences shall be
signed and sealed by a Florida registered architect. The motion was due to the Board expressing
concerns that currently there are no regulations addressing the need to require that architectural plans for
all new construction one -story single - family residence must be signed and sealed. The Board noted that
the recently adopted Ordinance No. 27 -07 -1928 concerning two story homes, mandated that submitted
plans for two -story single - family residences must to be signed and sealed by a Florida registered
architect. It was acknowledged by the ERPB that the same requirement should apply to one -story homes
as well.
The Environmental Review and Preservation Board (ERPB) directed staff to initiate the process to
amend the Land Development Code Section 20- 5.11(E) to require that all architectural plans for one -
story single - family new construction homes must be signed and sealed by a Florida registered architect
in order to be reviewed by the ERPB.
PROPOSED AMENDMENT
In order to implement this change the following amendment to Section 20- 5.11(E) of the Code must be
made:
LDC Amendment
May 13, 2008
Page 2 of 2
Section 20- 5.11(E) Site plan review approvals
(E) General Application Requirements;
(1) Plans and supporting data as specified in this section shall be submitted with
each application.
(2) Preliminary plans may be submitted for environmental review board review prior
to final plan submittal.
(3) Final plans must be submitted prior to a decision of the environmental review
and preservation board.
(4) Required information shall include the title of the project, name of developer,
name of planner, architect and/or engineer, north arrow, date, scale and legal
description of the property.
(5) The architectural plans for one -story single- family new constriction residences
must be signed and sealed by a Florida registered architect.
RECOMMENDATION
It is recommended that the proposed amendment be approved.
Attachments:
LDC Section 20 -5.11
Public Notices
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INCORPORATED
1927
o Rim
. CITY OF SOUTH MIAMI
PLANNING BOARD Regular Meeting
Action Summary Minutes
Tuesday, May 13, 2008
City Commission Chambers
7:30 PM
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
The Pledge of Allegiance was recited in unison.
H. Administration: Mr. Comendeiro was duly sworn in as a member of the Planning Board.
III. Roll Call: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, and Mr. Cruz
and Mr. Comendeiro. Absent: Ms. Chael and Ms. Yates.
City staff present: Sanford A. Youkilis (Acting Planning Director), Stephen David, (CRA
Director), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications/Public Hearing
PB -08 -021
Applicant: City of South Miami.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, DIRECTING THE PLANNING BOARD TO CONSIDER AMENDING
THE LAND DEVELOPMENT CODE SECTION 20- 5.11(E) "SITE PLAN REVIEW
APPROVALS" IN ORDER TO PROVIDE THAT THE ARCHITECTURAL PLANS FOR
ONE -STORY SINGLE - FAMILY NEW CONSTRUCTION RESIDENCE MUST BE
SIGNED AND SEALED BY A FLORIDA REGISTERED ARCHITECT; PROVIDING FOR
AN EFFECTIVE DATE.
Action: Ms. Young read the item into the record.
Mr. Youkilis advised that the text amendment was initiated by the Environmental Review and
Preservation Board because the Board felt that a recent adoption of a two story ordinance indicated
that the review shall be done by the ERPB and that the submitted plans shall be signed and sealed
by a Florida registered architect. The Board acknowledged that there should be a technical
amendment to require that one story house plans submitted to the ERPB should also be signed and
sealed by a Florida registered architect. Staff has no problem if the Board feels that it should be a
requirement hereafter. Ms. Resendiz advised that the Board finds that many items going before the
Board that are designed by engineers usually have a review process of three to four appearances
before final approval is granted. Staff recommended approval of the amendment.
Mr. Morton questioned as to why the LDC only requires registered architects for two story homes.
Planning Board Meeting
May 13, 2008
Page 2 of 2
He suggested that the ordinance should be reworded to state that registered architects shall be
requested for all new construction. He also recommended that building additions and renovations
should be reviewed by the ERPB as well. Mr. Morton recommended amending the text by striking
"one story single family" and replace it with "all new construction"
Motion: Mr. Cruz moved to approve the text amendment with the recommendation "one story
single family" be removed and replaced" with "all new construction" and Ms. Young seconded
with the following recommendations:
Vote: 5 Ayes 0 Nays
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