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07-22-08 Item 190 • • 1 South Miami I•Amerfca CK CITY OF SOUTH MIAMI 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 W7 Date: June 10, 2008 ITEM No. Subject AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY REMOVING SECTION 20 -5.10 ENTITLED "ADMINISTRATIVE WAIVER APPROVALS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Commissioner Beckman has requested the Planning Board to consider removing the Administrative Waiver process from the Land Development Code. The Commissioner has stated in a memo to the Planning Department that "...this section needs to be deleted because it undermines the Land Development Code and relief is available for truly extraordinary conditions under variance approvals." CURRENT REGULATIONS The Land Development Code (LDC) regulations provides for an Administrative Waiver procedure (Section 20 -5.10) which permits the City Manager to grant waivers to existing zoning standards in certain zoning districts. The waiver procedure is limited to very small adjustments in zoning dimensional standards and essentially substitutes for a variance process. The use of the Administrative Waiver does not require proof of hardship but does require the consent of abutting neighbors. It can only be used once for a particular property. LEGISLATIVE HISTORY The Land Development Code Section 20 -5.10 was placed into the Code by the adoption of Ordinance No. 15-94-1564 on October 4, 1994. During discussion on the matter it was pointed out that the primary purpose was to help property owners to obtain minor variances without having to prove hardship. It was also noted that this would reduce the workload on staff and the City Commission because public hearings, notification, and extensive case research would be limited. The legislation at that time allowed for Administrative Waiver in the following zoning districts: RS -1, RS -2, RS -3, RS -4, RT -6, RT -9, RM -18, RM -24. The legislation also limited waivers to setbacks, minimum spacing, building coverage, impervious coverage, certain parking requirements and lot frontage. The legislation was similar to the Miami Dade "administrative variances" now called "administrative adjustments" (Section 33 -36.1) which permits the County Planning Director to grant similar minor zoning waivers in unincorporated areas. In April, 1995 the same LDC section was amended (Ord. No. 4 -95 -1577) to add "lot area" as a category eligible for a waiver. It is important to note that the ordinance adopted in April, 1995 also removed the RS -4 classification as a zoning district in which a waiver could be applied for. There is no record in the files of the Planning Board or City Clerk as to why this last revision was 4 • made. USE OF ADMINISTRATIVE WAIVERS Since 1994 a total of 130 Administrative Waivers have been approved by the City Manager, an average of nine per year. A number of waiver applications were never completed because of failure to obtain abutting neighbors consent. Attached is a more in depth listing of waivers granted during the last two years 2006, 2007, and 2008 which illustrates the type of waivers requested and the reason for the waiver request. STAFF OBSERVATIONS (1) Administrative waivers or adjustments are contained in most zoning codes. In most cases a waiver can not exceed a very small percentage of the dimensional requirement, as in South Miami, 30 %, 20% 10% or 5 %. (2) The purpose of the waiver is to help property owners by allowing for a more simple process and less costly method (application fee -$750 vs. $2000 for a variance) to modify the strict application of a zoning standard. A review of the attached chart indicates that most waivers are needed by homeowners for very minor adjustments in order to improve the function or usefulness of their homes. The compatibility guidelines followed by the City Manager and the Planning Department in granting a waiver and the requirement of consent by abutting property owners is an assurance that waivers have minimal impact on a neighborhood. (3) The deletion of the Administrative Waiver process could result in an additional 6 -8 variance applications per year to the agendas of the Planning Board and City Commission. • PLANNING BOARD ACTION The Planning Board at its May 27, 2008 meeting adopted a motion by a vote of 6 ayes 0 nays recommending (1) that the proposed removal of Section 20 -5.10 "Administrative Waiver Approvals" be denied; (2) that the current Section 20 -5.10 "Administrative Waiver Approval" be amended as follows: (a) Expand the use of administrative waivers to the "RS -4 and "RS -5" zoning districts; by amending Section 20- 5.10(C)(1). (b) Limit the setback administrative waiver to new construction only; by amending Section 20- 5.1.0(C)(1)(a) to add "This shall not apply to new construction." RECOMMENDATION (1) It is recommended that the recommendation of the Planning Board to deny the removal of the administrative waiver section be approved (the attached draft ordinance should not be approved); (2) It is recommended that the two revisions to the existing regulations recommended by the Planning Board be placed as a first reading ordinance on the next City Commission agenda. Backup Documentation: Draft Ordinance Planning Department Staff Report 5 -27 -08 LDC Sec. 20 -5.10 Administrative Waiver Stunnnav 2006 -2008 Planning Board Minutes Excerpt 5 -27 -08 Public notices • SAYXAComm Items\2008 \6 -10 -08 \LDC Amend Adm Waivers CM Report.doc 2 3 4 5 6 7 8 9 10 1.2 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 54 55 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY REMOVING SECTION 20 -5.10 ENTITLED "ADMINISTRATIVE WAIVER APPROVALS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Land Development Code (LDC) regulations set forth in Section 20 -5.10 currently provides a complete process for administrative waivers; and WHEREAS, a City Commissioner has requested that the section on Administrative Waivers be deleted because it undermines the Land Development Code and relief is available for truly extraordinary conditions under variance approvals ; and WHEREAS, the Planning Board at its May 27, 2008 meeting, after public hearing, approved a motion by a vote of 6 ayes 0 nays recommending that a proposed elimination of Land Development Code Section 20 -5.10 "Administrative waiver approvals" be denied; 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 -5.10 "Administrative Waiver approvals" of the Land Development Code is hereby removed and deleted. 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: CITY CLERK I" Reading — 2" d Reading — day of , 2008 APPROVED: MAYOR • 2 3 READ AND APPROVED AS TO FORM: 4 6 7 8 9 CITY ATTORNEY 10 12 13 14 XAComm Items\2008 \6- 3- 08 \LDC Amend Redesignation Ord.doc • • 2 COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscornbe: Commissioner Palmer: Commissioner Beckman: To: Honorable Chair and Planning Board Members From: Sanford A. Youkilis, AICP Acting Planning Director South Miami America City 2001 Date: May 27, 2008 Re: LDC Amendment — Administrative Waiver Removal Sec. 20 -5.10 PB -08 -022 Applicant: City of South Miami. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIANII, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY REMOVING SECTION 20 -5.10 ENTITLED "ADMINISTRATIVE WAIVER APPROVALS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. . BACKGROUND The Land Development Code (LDC) regulations provides for an Administrative Waiver procedure (Section 20 -5.10) which permits the City Manager to grant waivers to existing zoning standards in certain zoning districts. The waiver procedure is limited to very small adjustments in zoning dimensional standards and essentially substitutes for a variance process. The use of the Administrative Waiver does not require proof of hardship but does require the consent of abutting neighbors. It can only be used once for a particular property. Commissioner Beckman has requested the Board to consider removing the Administrative Waiver process from the Land Development Code. The Commissioner has stated in a memo to this office that "...this section needs to be deleted because it undermines the Land Development Code and relief is available for truly extraordinary conditions under variance approvals." LEGISLATIVE HISTORY The Land Development Code Section 20 -5.10 was placed into the Code by the adoption of Ordinance No.15 -94 -1564 on October 4, 1994. During discussion on the matter it was pointed out that the primary purpose was to help property owners to obtain minor variances without having to prove hardship. It was also noted that this would reduce the workload on staff and the City Commission because public hearings, notification, and extensive case research would be limited. The legislation at that time allowed for Administrative Waiver in the following zoning districts: RS -1, RS -2, RS -3, RS -4, RT -6, RT -9, RM -18, RM -24. The legislation also limited waivers to setbacks, minimum spacing, building coverage, impervious coverage, certain parking requirements and lot frontage. The legislation was similar to the Miami Dade "administrative • variances" now called "administrative adjustments" (Section 33 -36.1) which permits the County Planning Director to grant similar minor zoning waivers in unincorporated areas. LDC Amendment May, 2008 Page 2 of 2 • • In April, 1995 the same LDC section was amended (Ord. No. 4 -95 -1577) to add "lot area" as a category eligible for a waiver. It is important to note that the ordinance adopted in April, 1995 also removed the RS -4 classification as a zoning district in which a waiver could be applied for. There is no record in the files of the Planning Board or City Clerk as to why this last revision was made. USE OF ADMINISTRATIVE WAIVERS Since 1994 a total of 130 Administrative Waivers have been approved by the City Manager, an average of nine per year. A number of waiver applications were never completed. because of failure to obtain abutting neighbors consent. Attached is a more in depth listing of waivers granted during the last two years 2006, 2007, and 2008 which illustrates the type of waivers requested and the reason for the waiver request. PROPOSED AMENDMENT The proposed amendment would be to delete Section 20 -5.10 in its entirety from the LDC. STAFF OBSERVATIONS (1) Administrative waivers or adjustments are contained in most zoning codes. In most cases a waiver can not exceed a very small percentage of the dimensional requirement, as in South Miami, 30%,20% 10% or 5 %. (2) The purpose of the waiver is to help property owners by allowing for amore simple process and less costly method (application fee -$750 vs. $2000 for a variance) to modify the strict application of a zoning standard. A review of the attached chart indicates that most waivers are needed by homeowners for very minor adjustments in order to improve the function or usefulness of their homes. The compatibility guidelines followed by the City Manager and the Planning Department in granting a waiver and the requirement of consent by abutting property owners is an assurance that waivers have minimal impact on a neighborhood. (3) The deletion of the Administrative Waiver process could result in an additional 6 -8 variance applications per year to the agendas of the Planning Board and City Commission. RECOMMENDATION It is recommended that the proposed amendment to delete Section 20 -5.10 be denied. Attachments: LDC Sec. 20 -5.10 Administrative Waiver Summary 2006 -2008 Public Notices SAY X:1PB\PB Agendas Staff Reports\2008 Agendas Staff Reports\5- 27- 08\PB -08 -022 LDC Amend Adm Waiver.doe • PROCEDURES AND APPLICATIONS 20 -5.10 (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 (Ord. No. 11 -90 -1451, 8- 21 -90) 20 -5.10 Administrative waiver approvals. (A) Authority to Grant Administrative Waiver Approvals. (1) The city manager shall have the authority to grant "nonuse waiver" requests pursuant to the guidelines, standards and limitations contained in this section. (2) A nonuse waiver is defined to mean a discretionary administrative action relaxing the application of minimum lot size (net area), frontage dimensional requirements, principal building setbacks, building spacing, building coverage, impervious coverage, parking requirements, screen enclosure setbacks, swimming pool setbacks, whirlpool spa setbacks, canopy carport setbacks, and accessory structure setbacks, as- contained within this Code, which have no relation to a change in use of the property or structure in question. (B) Guidelines. In granting the waiver and issuing the permit, the city manager shall find: (1) The waiver will be in harmony with the general appearance and character of the neighborhood and the entire community. (2) The waiver will not be injurious to the area involved or otherwise detrimental to the public welfare. (3) The proposed addition is designed and arranged on the site in a manner that • minimizes aural and visual impact on the adjacent residences while affording the applicant a reasonable use of the land. (4) The waiver will be consistent with the City of South Miami's Comprehensive Plan. Errata 113 • • • 20 -5.10 SOUTH MIAMI LAND DEVELOPMENT CODE (C) Standards. Notwithstanding any other provisions of this Code: (1) In the RS -1 (Estate Residential), the RS -2 (Semi-Estate/Large Lot Residential), the RS -3 (Low Density/Medium Lot Single - Family Residential), the RT -6 (Townhouse Residential), the RT 9 ( Two- Family/lbwuhouse Residential), the RM -18 (Low Density Multifamily Residential), the RM -24 (Medium Density Multifamily Residential), upon application duly made, the city manager may approve a request to reduce the required setbacks for principal buildings, a request to reduce the required spacing between buildings, a request to increase maximum building coverage, or a request to increase maximum impervious coverage from those requirements specified in this Code, providing that the request does not exceed the following limitations: (a) No setback is reduced below seventy (70) percent of that normally required. (b) Spacing requirements between buildings are not reduced below eighty (80) percent of that normally required. (c) Building coverage is not increased by more than twenty (20) percent of that normally permitted. (d) Impervious coverage is not increased by more than twenty (20) percent of that normally permitted. - (e) Required lot frontage is not reduced by more than five (5) percent of that normally required, and that in no case shall any lot be created with a lot frontage of less than fifty (50) feet. (f) Required minimum net lot area (square feet) is not reduced by more than 10 percent of that required under the dimensional requirements of this Code. (2) In any district, upon application duly made, the city manager may approve a waiver request for the reduction of the provision of required parking spaces for any property designated as an historical site pursuant to Section 20 -5.17 of this Code, providing that the waiver does not reduce the number of parking spaces provided below thirty (30) percent of that normally required. Furthermore, the requirements of paragraph (D) of this section shall not apply to a designated historical site. (3) The city manager may approve a waiver request to reduce the setback requirements for screen enclosures, tennis courts, swimming pools, whirlpool spas, canopy carports and accessory structures, providing that no setback is reduced below seventy (70) percent of that normally required. (D) Limitation. Waiver approvals shall be limited to a single request which is applied to an individual lot, where such lot is located within an area where at least seventy -five (75) percent of the lots in a radius of three hundred (300) feet from the subject property have already been developed. (E) Review Procedures. (1) Application for a waiver request shall be made by the fee owner of the property on a form prescribed by the building, zoning and community development department and Errata 114 l • PROCEDURES AND APPLICATIONS 20 -5.10 shall be submitted to the department. The application shall include a current survey and an accurately and fully dimensioned site plan showing the existing structures on the property, the location of the proposed construction, and the location and use of existing structures on the adjacent properties from which the waiver is being requested. The application shall include a letter of intent explaining the reason and justification for the proposed construction and waiver request. The application shall be accompanied by: (a) The written consent of all the property owners of all adjacent or abutting lots to the subject property; and (b) The written consent of all the property owners of all lots immediately across the street from the property for setbacks facing public rights -of -way. (2) Upon receipt of the application for a waiver, the city manager, prior to making his decision, shall have a staff member of the department inspect the site of the property and the surrounding properties to determine what impact, if any, the proposed construction will have on the area. The staff member shall attempt to personally contact the residents and/or owners of the adjacent properties, including the property or properties immediately across all adjacent streets, for the purpose of collecting additional information-relevant to the application. (3) Upon receipt of all necessary information, including staff reports, the city manager shall review the information and render his decision either approving, modifying or denying the request. A copy of the decision shall be published in a newspaper of general circulation. A waiver shall not be effective until fifteen (15) days after the city manager's decision is published in a newspaper of general circulation. A courtesy notice containing the decision of the city manager may be mailed to adjacent and abutting property owners of record, their tenants, or their agents, that are identified on the application. Failure to mail or receive such courtesy notice shall not affect any action or proceedings taken under this section. (4) In granting any waivers, the city manager may prescribe appropriate conditions and safeguards as the city manager may feel necessary to protect and further the interests of the abutting properties, the neighborhood area, or the entire community, which may include, but not be limited to, the following: (a) Landscape materials, walls, and fences for visual and acoustical buffering; (b) Modification of the orientation of proposed openings in structures; and/or (c) Modification of arrangement and location of structures on the site. (5) Granting of an administrative waiver shall be recorded in the official public records of Metro -Dade County, by the applicant, a copy of which shall be filed in the records of the City of South Miami's Building, Zoning and Community Development Department. Errata 115 • 20 -5.10 SOUTH MIAMI LAND DEVELOPMENT CODE (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; 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. 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EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:44 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. Yates, Mr. Comendeiro, Mr. Cruz, Mr. Farfan, and Ms. Chael. Absent: Ms. Young. • City staff present: Sanford -A. Youkilis (Acting Planning Director) and Lluvia Resendiz (Administrative Assistant). III. Planning Board Applications/Public Hearing PB -08 -022 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 THE LAND DEVELOPMENT CODE BY REMOVING SECTION 20 -5.10 ENTITLED "ADMINISTRATIVE WAIVER APPROVALS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Farfan read the item into the record. Mr. Youkilis advised that Commissioner Beckman provided a written memo stating that "this section must be deleted from the Land Development because it undermines the Land Development Code and relief is available for truly extraordinary conditions under variance approvals." Mr. Youkilis advised that the ,primary purpose for an administrative waiver was to help property owners obtain minor setbacks without having to prove hardship. Almost every government has some form of administrative waiver to provide for minor adjustments to setbacks, lot coverage, impervious coverage, enclosure setbacks, and swimming pool setbacks that can be waived in • certain zones as long as it is below a certain percentage. Originally it was applicable for zoning district RS -1 through RS -4 but a year after it adoption in 1995 the RS -4 was excluded without any record. The City of South Miami has approved a total, of 130 administrative waivers since 1994. The administrative waiver process is a process where the abutting neighbors must sign the request Planning Board Meeting May 27, 2008 Excerpt Page 2 of 2 • for approval for an administrative waiver. The applicant must wait for two weeks during the advertisement period and if no objections are brought forward, the City Manager approves the administrative waiver request. Mr. Youkilis advised that a chart illustrating the administrative waivers which have been approved during the last three years was provided. He also added that as long as the percent increase is no more than 30% a South Miami resident does not have to go through the variance process, a process which is not only more time consuming but also more costly. Therefore, because .the variance process is more consuming and adds more items to the Planning Board and City Commission agenda, Mr. Youkilis recommended that the proposed amendment made by Commissioner Beckman be denied. Ms. Yates questioned if other residents have expressed concerns with the administrative waiver process other than Commissioner Beckman. Mr. Youkilis replied that he was not aware of any complaints. Mr. Morton questioned if an administrative waiver was limited to existing structures or if it also included new construction applications. Mr. Youkilis replied that it was available for both new and existing structures. Mr. Youkilis added that a resident was limited to only one administrative waiver for the history of the property. Those who apply for an administrative waiver and in the future need additional setbacks waived would be required to go through the variance process, a process which is lengthily and difficult to prove hardship. The Board expressed concern that a resident may be approved for more than one administrative waiver related to impervious coverage and lot coverage or that one may offset another. Mr. Youkilis advised that only one is permitted in perpetuity for any additional requests a resident must go for a.variance before the Planning Board and the City Commission for approval. Mr. Youkilis added that although the administrative waiver application might seem like more work for staff, staff was willing to do the administrative waivers simply because it helps many homeowners without having to prove the hardship required for a variance. Mr. Morton again expressed concerns that administrative waivers were also for new constructions and whether or not only one waiver per structure was permitted. Mr. Youkilis replied that it is for one single request and item "D" of the LDC words it that way. Mr. Morton suggested that the section be amended to read that an administrative waiver should be limited to existing structures. He also recommended that "RS -4 and RS -5" districts should be included in the administrative waiver process. He felt that either all districts should have the same right or none at all. Motion: Mr. Cruz moved to deny the request as presented and Ms. Yates seconded. Vote: 6 Ayes 0 Nays Motion: Ms. Yates moved and Mr. Farfan seconded to amend Section 20- 5.10(C) with following recommendations: 1. Include the following sentence to Section 20- 5.10(C)(1)(a) "This shall not apply to new construction." 2. Include "RS -4 and "RS, -5" districts to Section 20- 5.10(C)(1). Vote: 6 Ayes 0 Nays • XAComm Items\2008 \6- 10- 08 \PB- Min- 05 -27 -08 Excerpt Adm Waiver.doc Z'am> O Z ZOZw Ww<7''w'N ZJ. U U S Sy m,ri mi NO°pG¢+ m 2 28, 7O �F` C.00 N- ' 'N �.i= H�H,CM? 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LL Y ` *CALENDAR; FROM 23 dance lesson from 6 30:3:30 p,m =i followed:bya'parf' ithIlnbcIa"k - t. irig mixers °and a show; 6:30 to 11 of Partners for Self-Ern Employment, p.m Sunday Julya3;`Dest of.Times 3000 Biscayne Blyd Ste 102 Miami; Dance Studio 6255 SW Eighth St '. ,free admission 305 438 1407.E r (c&l '6clio }`Little Havana; $10. ext 215 °" 7.305 269 0335 or bestoftimesdan Dancing with Our Stars Features a r cestudlo coin •--•+- > 1 Cdr Ay. � - i ei- ?i_ t ' t ' .'b {�'COURTESY•NOTICE t ro �I CITYzOF SOUTH MIAMI, FLORIDA -.•�_ On Tuesday .'July 22, 2008 beginning at 7 30 p m , m the City Commission ,• Chambers fi130 Sunset' Drive -the City Commission will hold Publk Hearings to I consider the following items. r f E AN tRDINANCE RELATING TOTHE LAND:DEVELOPMENT CODE "REMOVING{ i FROM THE LAND 'DEVELOPMENT CODE SECTION >20 4 4(G) ENTITLED; JOINT USE SPACES VIA SPECIAL PARKING PERMIT REMOVING FROM THE LAND- DEVELOPMENT 'CODE SECTION _204.4i ) ENTITLED METRO'" I RAIL" USAGE CONSIDERATION VIA SPECIAL' PARKING'PERMIT.,`AME NDING: I' SECTION 20 -7.6 ENTITLED "PARKING'AN ORDER TO MODIFY _REGULATIONS' PERTAINING TO BONUSES'AND PARKING REDUCTIONS IN THEI'TSR(HD OV)'`• SPECIALTY RETAIL (HOMETOWN DISTRICT "OVERLAY) ZONING • DISTRICT;` , . AMENDING SECTION 20= 8.10.. ENTITLED ; 'BONUS 'ALLOCATIONS ORDER- TO ELIMINATE - PARKING REDUCTIONS AND PARKING BONUSES i FOR DEVELOPMENT IN THE " TODD ",TRANSIT ORIENTED'DEVELOPMENT . DISTRICT ZONING DISTRICT.w AN ORDINANCE - ',CREATING -.SECTION 2 47 ENTITLED .EMERGENCY i r RESERVES FUND ; =aF ARTICLE'V OF THE •CITY'S CODE OF ORDINANCES,; - ADOPTING A CASH MANAGEMENT POLICY THAT REQUIRES NO LESS 10% OF',THE BUDGET TO BE''MAINTAINED°AT ALL TIMES BYaTHE C1TY'AS. f `I AN 4: _rttAIIIVU,eVtlVIILA13P .TO SET FORTH STAN_I ASSOCIATED, WITH l p ' OTHER MECHANICAL AN . ORDINANCE.-RE DEVELOPMENT NCO[ - ADMINISTRA"T Vi W1 - t. ..AN. ORDINANCE' ORDEFI, 3- ,TO.,.A «REQUEST "c.6 AMEN6,r HE'LAND. 'tREMOVING ":SECTION. =20 510 #`ENTITLED - 1PPROVALS : ENTITLED"' OFF-STREET. PARKING. REQUIREMENTS 7.1N ORDER TO.MODIFY : ,+ THE PROVISIONS ALLOWING FOR ADJACENT ON=STREET PARKING SPACES TO_ BEWUNTED AS REQUIRED PARKING; "" MODIFYING THE'CONDITIONS t• ALLOWING FOR ON„ STREET•'PARKINGSPMES TO (CRIED r OTHER NEARBY PROPERTIESSAND PROVI6ING FOR AN ANNUAL,FEE TO BE w ASSESSED FOR COUNTING ON- STREET SPACES AS REQUIRED SPACES ' •2 r - - c,�t,•,F e X , E ' ��fik •i AN ORDINANCE AMENDING LAND DEVELOPMNT CODE SECTION 1 { 20 511(E) ENTITLED !SITE PLAN "'REVIEW -"APPROVALS- GENERAL APBLICATION REQUIREMENTS` �` IN "ORDER -.TO +'REQUIRE~ THAT, 'ARCHITECTURAL PLANS:FOR ALLe NEW CONSTRUCTION.MUST BE-SIGNED -AND SEALED BY A FLORIDA RE GISTERED ARCHITECT ' AN ORDINANCE AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 99$ENTITLE0 :CONTROLLED "PARKING RESIDENflkZONES'TO DESIGNATETHREEADDIT; ldh LCONTROLLED. ¢ ' PARKING RESIDENTIAL ZON €S'r A y '"'QM' "' !' a , z :' -'x/ h "+i,, - 3 {e-' td�'s' i ff y6u have any inquiries on the above dems please contact the Plannin g and Zoning;` Department's office at 306 = 663'6326 '` `" al i , ALL�interested `parties aremvded to attend anii wt11 be -heard �,• . v x Maria. M Mee der CMC� , Pursuant to Florida,StaMes 286.0105 the. City hereby advises the public that'd a person decides to;appeal any.', decision made by this Board, Agency ot.- Commission with respect to-any matter considered at:its meedng'or- hearing, he or she will need a record of the, proceedings; and that for suchvurpose .affected perspn may need"! to ensure, that a verbatim record W the °proceedings is matle which record includes the tespmeny ar evidence 2' . _upon�which.the aooeal is to he based