Loading...
Ord No 24-10-2049ORDINANCE NO. 24-10-2049 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -6.1 (A)(3) of the Land Development Code entitled "Administrative Entities -City Commission" in order to revise provisions related to the vote requirement of the City Commission on ordinances and resolutions pertaining to the land use and development regulations in order to make the voting requirement consistent with the Charter Amendment adopted November 4, 2008 and with the interpretation of the Charter Amendment as set forth in Resolution No. 53- 10- 13087; providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, Article II (D)(1) of the South Miami City Charter was amended by the voters on November 4, 2008 in order to modify the number of votes needed by the City Commission to adopt ordinances changing the Comprehensive Plan text, the Comprehensive Plan Future Land Use Map or applying any development regulation which in any manner makes them less restrictive; and WHEREAS, after the November vote the City Attorney directed that the City's Charter be re- issued with the amendments voted upon by the electorate, and in the interest of providing clarification on what requires four votes and what requires five votes the City Attorney added some additional wording to the revised Charter document stating that four affirmative votes would be required as follows: "To apply current land use and development regulations in any manner to make them less restrictive.' ; and WHEREAS, the Land Development Code Section 20- 6.1(A)(3) entitled "Administrative entities- Procedures " also sets forth the required number of votes needed by the City Commission to adopt ordinances changing the Comprehensive Plan text, the Comprehensive Plan Future Land Use Map or applying any development regulation which in any manner makes them less restrictive; and WHEREAS, the City Commission during a review of the language which was to go into the Land Development Code expressed concern that the added statement by the City Attorney was not needed and should be removed, and at its March 16, 2010 meeting the City Commission adopted Resolution No. 53 -10 -13087 directing the City Clerk to remove the above sentence from the Charter; and WHEREAS, due to the City Commission directive set forth Resolution 53 -10- 13087, the City Commission voting requirements set forth in Land Development Code Section 20- 6.1(A)(3) is no longer compatible with Article II (D)(1) of the South Miami City Charter and could result in misunderstandings or legal issues; and WHEREAS, the Planning and Zoning Department has prepared an amendment to Land Development Code Section 20- 6.1(A)(3) in order make this section compatible with the current provisions in Article 11(D)(1) of the South Miami City Charter; and Ord. No. 24 -10 -2049 WHEREAS, the Planning Board at its June 15, 2010 meeting conducted a public hearing and adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed amendment; 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- 6.1(A)(3) entitled "Administrative entities- Procedures" of the Land Development Code is hereby amended as follows: Section 20 -6.1 Administrative entities. (A) City Commission. (3) Procedures. (a) Voting. i. Except for those items listed in (ii) and (iii) below, not less than three (3) affirmative votes of the city commission shall be required to approve agenda items. ii. With the exception set forth below in (iii) four (4) affirmative votes of the city commission shall be required to approve a change to the adopted Comprehensive Plan, a rezoning when a properly written protest is filed, a variance, a special use, a special exception, or a planned unit development lopmmt regulations iii. Five (5) affirmative votes of the city commission shall be required to amend land use and development regulations in any manner to make them less restrictive. (b) Public Hearings. The city commission shall hold public hearings when amending the adopted Comprehensive Plan, amending the text of this Code, rezoning, approving special uses, approving special exceptions, granting variances and permitting nonconforming uses. All other items shall not require a public bearing for commission action. Actions upon site plans, variances, administrative appeals, planned unit developments, nonconforming uses, special exceptions and special uses shall be by resolution. All other actions shall be by ordinance. Ord. no. 24 -10 -2049 (c) The city commission may defer action on any application or other matter before it, for cause, for a reasonable period of time. (d) The city commission may refer a matter back to the planning board or the environmental review and preservation board for further consideration and recommendation. (e) When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such action except in which case reconsideration is possible after six (6) months from the date established for the prior hearing at the request of the majority of the commission. (f) Financial Interest. Any member of the city commission who has a special financial interest, direct or indirect, in any matter shall make that interest known and shall abstain fiom participation therein in any manner. ii. Willful failure to disclose such financial interest shall constitute malfeasance in office and shall render the action voidable by the city commission. 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 7`h day of September, 2010 ATTEST: APPROVED: --I aj CfTY CLERK MAYOR I't Reading - 8/17/10 2 "a Reading - 9/7/10 READ AND APPROVED AS TO FORM COMMISSION VOTE: 5 -0 AND SUFFICIENCY: Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea CITY ATTORNEY (New wording in bold and underlined, wording removed in Hugh) X-1Comm ItemsQ01018- 3- 101LDCAmend Vote Req. Orddoc South Miami A16Anu icaW CITY OF SOUTH MIAMI 11111, OFFICE OF THE CITY MANAGER INTFR- OFFICE MEMORANDUM zoat To: The Honorable- Mayor Stoddard and Members of the City Commission Via: Buford R. "Randy" Witt, Acting City Manager From: .Thomas J. Vageline, Director Planning and Zoning Departmen Date: August 3, 2010 ITEM - Subject; An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -6.1 (A)(3) of the Land Development Code entitled "Administrative Entities -City Commission" in order to revise provisions related to the vote requirement of the City Commission on ordinances and resolutions pertaining to the land use and development regulations in order to make the voting requirement consistent with the Charter Amendment adopted November 4, 2008 and with the interpretation of the Charter Amendment as set forth in Resolution No. 53 -10- 13087; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND The South Miami City Charter was amended by the voters on November 4, 2008. One of the amendments approved included changes to the City Commission's voting procedure on resolutions and ordinances, Article 11 (D)(1). The change adopted was a requirement that the _amendment of any land use (Comprehensive Plan) or development regulation (Land Development Code) in any manner to make them less restrictive will require five affirmative votes of the City Commission to adopt. Prior to the November 2008 amendment the Charter required that four affirmative votes were required for certain actions including "to liberalize land use and development regulations." The Charter amendment objective was to specify that the vote on amending "land use and development regulations" making them less restrictive would change from four to five. REVISED CHARTER ISSUED After the November vote the then City Attorney directed that the City's Charter be re- issued with the amendments voted upon by the electorate. The revised Charter did contain a clear statement that five affirmative votes of the City Commission would be required to approve any amendment to the land use (Comprehensive Plan) or development regulations (Land Development Code), if the amendment makes them less restrictive. In the interest of providing clarification on what requires four votes and what requires five votes the City Attorney added some additional wording to the revised Charter document stating that four affirmative votes would continue to be required as follows: "To apply current land use and development regulations in any manner to make them less restrictive." However, the above wording was not actually on the ballot. The City Commission during its review of the matching language which was to go into the Land Development Code expressed concern that the added 2 statement was not needed and should be removed. The Commission at its March 16, 2010 meeting adopted Resolution No. 53 -10 -13087 directing the City Clerk to remove the above sentence from the Charter. CURRENT LDC REGULATIONS The Land Development Code Section 20 -6.1 which addresses vote requirements £or certain types of ordinances must reflect what is incorporated in the Charter. In December of 2009 the City Commission adopted amendments to this section in order to make the Land Development Code consistent with the Charter amendment in November, 2008. The ordinance adopted (Ord. No. 33 -09 -2025 ) which had the approval of the Planning Board amended LDC Section 20- 6.1(A)(3) to reflect what was now included in the re- issued City Charter. The above sentence which has now been removed from the Charter was included in the 2009 LDC amendment. In .order to correct the situation a minor revision is being proposed to Sec. 20- 6.1(A)(3) as shown on the attached ordinance. The sentence removed by the City Commission is being shown as deleted PLANNING BOARD ACTION: The Planning Board at its July 13, 2010 meeting adopted a motion by a vote of 6 ayes 0 nay recommending approval of the proposed amendment. RECOMMENDATION -- It is recommended that the amendments as set forth in the attached draft ordinance be approved,. Backup Documentation: Draft Ordinance Resolution No. 53 -10 -13087 Ordinance No. 33 -09 -2025 Ord. 27 -08 -1962 (placing issue on ballot) Official Ballot (Nov. 4, 2008) Planning and Zoning Dept. Staff Report 6 -15 -10 Planning Board Minutes Excerpt 6 -15 -10 TWISAY X \Comm Items\2010 \8- 3- 10%T)C Amend Comm Voting Conection CM Report.doe RESOLUTIONNO. 53 -10- 13081 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Clerk to delete from Article II, Section 6 Del of the Charter language indicating that four affirmative" votes from the City Commission are required "To apply current land use and development regulations in any manner to make them less restrictive "; in that said language does not conform to the ballot question presented to the voters on November 4, 2008; and providing an effective date. WHEREAS, the electors of the "City of South Miami approved the following• Chatter amendment to wit: SHALL ARTICLE H, SECTION 6 D. 1. OF THE CITY CHARTER, "REQUIREMENTS FOR ADOPTION," BE AMENDED TO. PROVIDE: EFFEC'T'IVE UPON PASSAGE OF THIS AMENDMENT, ANY ORDINANCE THAT AMENDS LAND USE AND DEVELOPMENT REGULATIONS IN ANY MANNER TO MAKE THEM LESS RESTRICTIVE SHALL REQUIRE FIVE AFFIRMATIVE VOTES OF THE CITY COMMISSION, WHEREAS, by Ordinance N6.27-08-1962, the City Commission did on July 29, 2008 also authorized language under Section 6 A. 1, wherein it was also stated that four affirmative votes of the City Commission were required: "To apply current land use and development regulations in any manner to make them less restrictive". WHEREAS, the City Attorney opined that the ballot question submitted to the electorate does not contain the above language. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MUM, FLORIDA; that Section 1. The above whereas clauses are incorporated by reference into the body of this resolution. Section 2. The City Clerk is hereby directed to delete from the Charter the language stating that four affirmative votes. of the City Commission are required "To apply current land use and development regulations in any manner to make them less restrictive". Section 3. This resolution shall take effect immediately upon approval. Pg, 2 of Res. No, 53- 10- 13087 PASSED AND ADOPTED this 16 day ofMarch, 2010. ATTEST: APPROVED: CLERK AY COMMISSION VOTE: 4 -0 READ AND APPROVED AS TO FORM Mayor Stoddard: Yea AND SUF ICI NCI': Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: absent �n Commissioner Harris: Yea Office of City Attorney W:1My Documentslreso (ufions�R.CSOtu60n m obarter amend clarificaUon.harris.doo 001NANCE NO. 33 -09 -2025 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT . CODE 20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE ENTITIES -CITY COMMISSION" IN ORDER TO REVISE PROVISIONS RELATED TO THE VOTE REQUIREMENT OF THE CITY COMMISSION ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND USE AND DEVELOPMENT REGULATIONS WHICH WILL BE CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER' 4, 2008; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC'T'IVE DATE: WHEREAS, Article lI (D)(1) of the South Miami City Charter was amended by the voters on November 4, 200$ in order to modify the number of votes needed by the City Commission to adopt ordinances changing the Comprehensive Plan text, the Comprehensive Plan Future Land Use Map or applying any development regulation which in any manner makes them less restrictive; and WTIEREAS,- the Land Development Code Section 20- 6.1(A)(3) entitled "Administrative entities- Procedures " also sets forth the- required number of votes needed by the City Commission to adopt ordinances changing the Comprehensive Plan text, the Comprehensive Plan Future Land Use Map or applying any development regulation which' in any manner makes them less restrictive; and WHEREAS, the City Commission voting requirements set forth in Land Development Code Section 20- 6.1(A)(3) are not compatible with the recent amendments ' to Article II (D)(1) of the South Miami City Charter and could result in misunderstandings or legal 'issues; and WHEREAS, the Planning and Zoning Department has prepared an amendment to Land Development Code Section 20- 6.I(A)(3) in order make this section compatible with the new provisions in Article lI (D)(1) of the South Miami City Charter; and WHEREAS, the Planning Board at its May 26, 2009 meeting conducted a public hearing and at its meeting on June 23, 2009' adapted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendments; 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- 6.1(A)(3) entitled "Administrative entities- Procedures" ofthe Land Development Code is hereby amended as follows: Ord. No, 33 -09 -2025 Section 20 -6.1 Administrative entities. (A) City Commission. (3) Procedures_ (a) voting. i. Except for those items listed in (ii) and Iii below, not less than three (3) affirmative votes of the city commission shall be required to approve agenda items. . ii. With the _ _exception set forth below In (IM four (4) affirmative votes of the city commission shall be required to approve a change to the adopted Comprehensive Plan, a b --- -- F_: : • ; a rezoning when a properly written protest is filed, a variance, a special use, a special exception. a planned unit development' or to apply current land use and development regulations in any manner, tb make tliem less restrictive .• iii. Five (5) affirmative votes of the city comma: required to amend land use and developmet in any manner to make them less restrictive: (b) Public Hearings. i. The city 'commission shall hold public. hearings when amending the adopted Comprehensive Plan, amending the text of this Code, rezoning, approving special uses, approving special exceptions granting variances and permitting nonconforming uses. All other items shall not require apublic hearing for'commission action. ii. Actions upon site plans, variances, administrative appeals, planned unit developments, nonconfonning uses, sneciat exceptions and special uses shall be by resolution. All other actions shall be by ordinance. (c) The city commission may defer action on any application or other matter before it, for cause, for a reasonable period of time. (d) The city commission may refer a matter back to the planning. board or the ,environmental review and preservation board for further consideration and recommendation. Ord. No. 33 -09 -2025 3 (e) When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or'similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such: action - wit . • except in which case reconsideration is possible after six (6) months • from the date established. for the prior hearing at the request of the majority of the commission (f) Financial Interest. i_ Any member of the city commission who has a special finaiicial interest, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any manner. ii. Willful. failure to disclose such financial interest shall constitute malfeasance in dfi -ice and shall render the action voidable by the city commission. 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 -i 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 8th day of December . 2009 ATTEST: APPROVED: CITY CLERK. MAYOR I"Reading- 7128/09 2nd Reading- 12/8/09 READ AND APPROVED AS TO FORM: COMMISSION VOTE. 4 -0 Ivlayor.Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: absent New wording in bold and underlined, • wording removed in 04em9woffgh) X:1Comm ItemsVOMI I- I7- 09\LDC Amend Vote Req. Ord.doc ORDINANCE NO. 2,7-08-1962 AN ORDINANCE OF THE MAYQR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO' A CHARTER AMENDMENT; PRESENTING AN INITIATIVE, TO AMEND ' THE VOTING PROCEDURE TO _ REQUIRE - FIVE AFFIRMATIVE VOTES OF THE CITY COMMISION TO AMEND LAND USE AND DEVELOPMENT REGULATIONS IN ANY MANNER WHICH MAKES ' THEM LESS RESTRICTM TO THE .ELECTORATE OF THE CITY AT THE NOVEMBER 4, 2008 ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commissioiz.o£ the City of South. Miami pvrsuant to the requrrements of section 5.03 of the home Rule Charter o£ Miami -Dade County and section 166.031, Florida. Statutes, the city commission may by ordinance submit to the voters a proposed amendment to its charter and schedule a special electioil on the question not less than 60 daps and not more than 120 days from the date the.dr.aft is subavtted; and, WHEREAS, pursuant t9 section 9 -1.1 of the City of South Miami Code of Ordinances, a public hearitig shall be held not less than 60 days before the election and copies of the proposed amendment shall be made available to the public less than 30 days before the election; and, WHEREAS, the Mayor•and City Commission desire to present this ordinance to the regularly scheduled meeting of the City Commission of the City of South Miami on July 22, 2008. NOW, THEREFORE, BE IT ORDAINED BY THE MA'Y'OR AND CITY COMMISSION OF THE CITY OF SOUTH N IAMI, FLORIDA; Section 1. 'The following question shall be submitted to the electors of the City of South Miami at the next general election: - T_ jgg� QUESTION:. VOTING PROCEDURE; REQUIREIv PIPS FOR ADOPTION. SHALL ARTICLE if, SECTION 6 D.L OF THE CITY CHARTER, "REQUIREMENTS FOR ADOPTION," BE AMENDED TO PROVIDE: Additions shown by underliniys and delations shown by e evsk4kia-- P9r„,2 of oZd, No_ 27 —OB -1962 EFFECTIVE UPON PASSAGE OF THIS AMENDMENT, ANY ORDINANCE THAT AMENDS LAND USE AND DEVELOPMENT REGULATIONS IN ANY MANNER TO MAKE THEM LESS RESTICTTVE SHALL REQUIRE FIVE AFFIRMATIVE VOTES OF THE CITY COMMISSION. YES NO Summary: If fhe question is approved by a majorify of the voters voting at the November , 2008 election, the Chaster of the City Of South Miami shall be amended as follows: . ARTICLE Ii, City Commission SECTION 6 D l Re4uirements £orAdaption All . resolutions or ordinances shall be adopted by the indicated number of affmnative votes °£the city commission. Except as otherwise provided in this charter, four af[hmative votes of the city commission shall be required to approve the actions indicated below: To issue bonds or borrow money. . To apply current land use and development remvlations in any manner to make them less restrictive. To grant, renew or amend any Lease or franchises. To transfer title to property. To appropriate or expend non - budgeted fa ds. . T o approve an initiatory ordinance pursuant to Article V. Except as otherwise provided in this charter, five affirmative votes of the city commission shall be required to approve the action indicated below. To amend land use and development rae+xlations in any manner to make them less restrictive. Additions shown by pp hnine and doletions shouts by e rersf =&isg. Pg. 3 of ord.. No. 27 -08 -1962 Section 2. The regular November election shall be scheduled for November 4, 2008. If a majority of voters voting in the election approve the amendment to the charter, all provisions of the charter code, the land- development code and the code of ordinances in conflict shall be 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 juzisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6. This ordinance shall be codified and included in the Code. of Ordinances. _ ' Section 7. This ordinance shall take effect immediately upon enactment. PASSED AND ADOP`T'ED this 29a` day of July,..2008: ATTEST: CrrY CLERK pY IN / (Ty -�,wG, .-i I. MAYOR. 1" Reading -- 7/22/0 2nd Reading-7/29/08 CONWSSTON VOTE: 3 -2 .Mayor Felin: Nay Vice .Mayor Beasley: Yea Commissioner Wiscombe: Nay Commissioner Beckman: Yea Commissioner Palmer: Yea Additions shown by underlininz and deletions shown by overs#z kk _ ----` OFFICIAL SAMPLE BALLOT - BOLETA OFICIAL DE MUESTRA ECHANTIYON BILTEN VQT OFISYEL LA SPECIAL ELECTION ELECCIONES ESPECIALE5 ELEKSYON ESPESYAL SOUTH MIAMI, FLORIDA SOUTH MIAMI, FLORIDA SOUTH MIAMI, FLORID NOVEMBER4, 2008 4 DE NOVlEMBRE DEL. 2006 4 NOVANM 2008 TO VOTE, COMPLETELY FILL IN THE OVALS NEXT TO YOUR CHOICE, if you make a mistake, review the instructions provided to correct your ballot PARAVOTAR, LLENE COMPLETAMENTE EL OVALO � JUNTO A SU SELECCION. Si se equivoca, tea las fnstrucciones qua se le dan pare corregir su bolefa. POU VOTE, RA.NPLIANDEDAN OVAL LAN NLT u AKOTE SA W CHWAZI AN. Si w fe yon ere, mvizz enstn -ksyon yo sou kodman you korije bitten vot w an. Question No.2 Slut ArGde 11, Sewn 6 W. of the City Charter, 'Requvements for AdopEan;' be amandad tc pcnnde: EffkWe upon Passage Of Vs bmendmenk any crduhance #,at authaizes ft isw nra of bonds or the b=Wng of mnrzy in exo� of *a peccPnt d the Clty's opembng hurkpk setae rwm, live dLf0�t1J11)4itiAl « . Question Nm t .I dWorga qua propuesta Num, 2 Shall Artde It Section 6 D.t. of the Gh'.Cherter, a parer de la legistuc& de ests ennienda, tgda "Requ'aerranfs fir Adq*rt" be amended in pdenanza qua aub rkc la emson de banes o la p Wckud de I 'r&bnosaryaam exoada el dnm For denio del PfawPvesw 01)al anal de la &dad, Effecfrve Upon passage of this arnaMment any debed CoT tar mn dnm vOlDs afinraliws de. is o'dinarm that ane ds lard use and development Ccndsidn de la Ciudad? ,g, iN-,s in any manner In make Uh�m'less' ";kictive g g requite five aivr- votes of the city canrrL�-? - Ke*w Nim, 2 Fske se pouftZ Seksyon 6 D-1, nan Ko s%syon Pmpuesta 1Jrim. t Ut !a, ,rgnjans pw p4cpsyWl, am.'nde Pou rn9ta 46,ber6 wvr ndars -a elArliwfo t, Seoiah 6 D.t. de la Carta ComtWdord da W Ciudad, in6ldado Efeidif apat de dat amannman $a a Pase, nenp5t 'Rartui,ii,s papa H apmbacfin de maneca que odonars Id otodza emisym bon Monet& oswa Prate H �ske senk de bidpoperasyorMNa la ds�r>ga que: >a� Pfv..o..:....�_..-.F�.rd�rar{o. Krxr,isvmVita? ♦I Kestyon Nim.1 Lke se pxtAtk2. $eksycn 6 D.1, non Kansb%yon Utl la, "Egajats pou %dopsyat ", amande Pon mate Efiegapat de dat smannman sa a pase, hKq)6t s la amande izaj WYen ak regferrlan� mtn%g devlopman nan gwTr vdf i delapafe restnksyon va �� Ko nisyon A la? YES /S(/WI 225 NOINOINON 226 YESfS11Wl .228 NOINO(NON 229 To: Honorable Chair and Date: June 15, 2010 Planning Board Members From: "Thomas J. Vageline. Director Re: LDC Text Amendment Planning and Zoning Departmen Commission Vote on Land Use Development Regulations See. 20- 6.1(A) (3) PB -10 -006 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South'Miami, Florida, to amend Section 20 -6.1 (A)(3) of the Land Development Code entitled "Administrative Entities -City Commission" in order to revise provisions related to the vote requirement of the City Commission on ordinances and resolutions pertaining to the land use and development regulations in order to make the voting requirement consistent with the Charter Amendment adopted November 4, 2608 and with the interpretation of the Charter Amendment as set forth in Resolution No. 53 -10- 13087; providing for severability, providing for ordinances in conflict; and providing an effective date. BACKGROUND. The South Miami City Charter was amended by the voters on November 4, 2008. One of the amendments approved included changes to the City Commission's voting procedure on resolutions and ordinances, Article 11 (13)(1). The change adopted was a requirement that the amendment of any land use (Comprehensive Plan) or development regulation (Land Development Code) in any manner to make them less restrictive will require five affirmative votes of the City Commission to adopt. Prior to the November 2008 amendment the Charter required that four affirmative votes were required for certain actions including "to liberalize land use and development regulations." The Charter amendment objective was to specify that the vote on amending "land use and development regulations" making them less restrictive would change from four to five. REVISED CHARTER ISSUED After the November vote the then City Attorney directed that the City's Charter be re- issued with the amendments voted upon by the electorate. The revised Charter did contain a clear statement that five affirmative votes of the City Commission would be required to approve any amendment to the land use (Comprehensive Plan) or development regulations (Land Development Code), if the amendment makes them less restrictive. LDC Amendment June 15, 2010 2 In the interest of providing clarification on what requires four votes and what requires five votes the City Attorney added some additional wording to the revised Charter document stating that four affirmative votes would continue to be required as follows: "To apply current land use and development regulations in any manner to make them less restrictive." However, the above wording was not actually on the ballot. The City Commission during its review of the matching language which was to go into the Land Development Code expressed concern that the added statement was not needed and should be removed. The Commission at its March 16, 2010 meeting adopted Resolution No. 53 -10 -13087 directing the City Clerk to remove the above sentence from the Charter. CURRENT LDC'REGIILATIONS The Land Development Code Section 20 -6.1 which addresses vote requirements for certain types of ordinances must reflect what is incorporated in the Charter. In December of 2009 the City Commission adopted amendments to this section in order to make the Land Development Code consistent with the Charter amendment in November, 2008. The ordinance adopted (Ord. No. 33 09= 2025 ) which had the approval.of the Planning Board amended LDC Section 20- 6.1(A)(3) to reflect what was now included in the re- issued City Charter. The above sentence which has now been removed from the Charter was included in the 2009 LDC amendment. In order to correct the situation a minor revision is being proposed to_ See. 20- 6.1(A)(3) as shown on the attached page. The sentence removed by the City Commission is being shown as deleted RECOMMENDATION The amended wording to be removed is shown by Wike&Ftgugh: It is recommended that the proposed amendment be approved. Attachments: Resolution No. 53 -10 -13087 ordinance No. 33 -09 -2025 City Charter Article IL D (P. 11) Ord.' 27 -08 -1962 (placing issue on ballot) Official Ballot (Nov. 4, 2008) Public Notices TJV /SAX X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reporis \6.15- 10T3 -10 -006 LDC Amend Comm Voting Correction, Rep(n doc LDC Amendment June 15, 2010 LDC PROPOSED AMENDMENT _(new wording shown in botd/undertined• wording. to be removed shown in- str+ke- threugh} Section 20 -6.1 Administrative entities. (A) City Commission. (3) Procedures. (a) Voting. Except for those items listed in (ii) and (iii) below, not less than three (3) affirmative votes of the city commission shall be required to approve agenda items. ii. With the exception set forth below in (iii) four (4) affirmative votes of the city commission shall be required to approve a change to the adopted Comprehensive Plan, a rezoning when a properly written protest is filed, a variance, a special use, a special exception, or a planned unit development - �--' ' .._ , r a rr ..._ ...�. _..44rie fi .@ iii. Five (5) affirmative votes of the city commission shall be required to amend land use and development regulations in any manner to make them less restrictive. (b) Public Hearings. i. The city commission shall hold public hearings when amending the adopted Comprehensive Plan, amending the text of this Code, rezoning, approving special uses, approving special exceptions, granting variances and permitting nonconforming uses. All other items shall not require a public hearing for commission action. ii. Actions upon site plans, variances, administrative appeals, planned unit developments, nonconforming uses, special exceptions and special uses shall be by resolution. All other actions shall be by ordinance. (c) The city commission may defer action on any application or other matter before it, for cause, for a reasonable period of time. (d) The city commission may refer a matter back to the planning board or the environmental review and preservation board for further consideration and recommendation. L DC Amendment June 15, 2010 4 (e} When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission . for a period of at. least one (1) year following the date of such action except in which case reconsideration is possible after six (6) months from the date established for the prior hearing at the request of the majority of the commission. (f) Financial Interest. i- Any member of the city commission who has a special financial interest, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any manner. ii. Willful failure to disclose such financial interest shall constitute malfeasance in office and shall render the action voidable by the city' commission. TN/SAY X:\PB\PB Agendas Staff Reporrs12010 Agendas Staff Reportsl6- 15- 10\PB -10 -006 LDC Amend Comm Voting Correction, Report.doc CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting DRAFT Meeting Minutes Tuesday, June 15, 2010 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 7:46 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Vice Chair Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Whitman, Mr. Farfan, Ms. Beckman and Mr. Cruz. Board members absent: Ms. Yates. City staff present: Mr. Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant) and Marcus Lightfoot (Permit Facilitator). Deputy City Attorney: Mr. Mark Goldstein III. Planning Board Applications/Public Hearings PB -10 -006 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -6.1 (A)(3) of the land Development Code entitled "Administrative Entities -City Commission" in order to revise provisions related to the vote requirement of the City Commission on ordinances and resolutions pertaining to the land use and development regulations in order to make the voting requirement consistent with the Charter Amendment adopted November 4, 2008 and with the interpretation of the Charter Amendment as set forth in Resolution No. 53- 10- 13087; providing for severability; providing for ordinances in conflict; and providing an effective date. Planning Board Meeting June 15, 2010 Page 2 of 2 Action. Mr. Farfan read the item into the record. Mr. Youkilis informed the Board that the City Commission directed the City Clerk to correct the draft of the charter. The charter was changed to require a five -five vote whenever there is an issue amending the Land Developing Code or the Comprehensive plan to make it less restrictives. The previous City Attorney made an additional explanatory statement for inclusion in the Charter. The wording: "To apply current land use and development regulations in any manner to make them less restrictive." This wording was not on the ballot and the City Commission directed the city clerk to remove, that sentence from the Charter. The Land Development Code reflects what is in the charter which, is seen on page three. By removing the section in the code and it will match what is in the charter. Mr. Morton questioned if this has to do with the EAR. Mi. Youkilis responded no. The Vice Chair opened the public hearing. No speakers The Vice Chair closed the public hearing. Motion: Mr. Whitman moved to approve the application. Mr. Cruz seconded. Vote: 6 Ayes 0 Nays TJVtsAY X: \Comm items\ 2010 \8- 3- 10\PB.Minutes.6.15.2010 Excerpt Voting.doo {� \° *g© !\ p� {C4\ °42m ƒ z «£ $ cc \\{ \� 2� ) ® }\ § ! \ \E \� (1 !! J2 {� 4 z �Y W u•MM tI w ED t7 ui z n nq� "ys°3o� OM a�mco ca: 3€ oY`O1d EN�i�E�do.9 > •a d•J!'o d co_ omq'a yI, E= aopmm LsEBYibasw a, & NON H <EuaU8` E =.n z °OEa °Vo m�3?EOpo P ^c mrnrvgc `o II Mo VEC Y °LRS� < ,a 2 rv.°c" r p 9 Gq 2YU roa Lti.2 Eo�I; @-zW C . U O m ' EE 'y.°v c.gagg ad$3°aii mahn� �uVbOtrnoOCOEP tom aE�r.a rv�c ,E•o^o`q Ex mb„ mAro $axo Lc 1a.0 ~ vZ ��m urnV��o rnPpm y_ °�O mso 3Fn zstiog °ap$q �qu°`m oyRC°�my °<c., a�3"6Fxo '��Q'� <_m qev °wAe9OO ?5 p:c n 2 oq auE ;$ m vapa°.m F...omn �'q m�2'E'"im Ev 0 3ryu` ... ppo =" °�• .gym cc ^d_ev mmmm�.�am U'N l/NHm °b0 w oE'R'b_= Ea= ��„°I'dn °.ado ri5 o- a. <�°,a.A�•`m�voa as »cu - •.- _ m mSN b_E� _ '_ a5 i Fn C aCWO C .rol_.�°`jh� .�go� =moo °rg'o o��oaa� E m.ya mS ELUg'E c°v-.g c9`W�m O1E ay 0OF .Sm �f•."" cmn 2 i C1 eu N C) D b �a � c= Q7 u r Vi O Q ..f✓t �Q qN wncN o'=B��w cvmiw b`'c. ybu YdmF.L& 2=E.t ELm °o s 2Ee .mmyGag�g 3+y �o.o m R >ao+ Eui p.4 o.E� pm�ci. "'•2 ado m�$o 0o rp m�e.E E x°'05 v� m� m EEmt °co ab�Lrw . -•-oo „ ad nm -w ¢m o-E '°pNmco .o0 bw .oN mU vq U O mE` E`cO EE_ <aoSaV cW° m u ;m S. LzcOi oc m av CE.a o ga,a E y p ma am m aL}o UEE Z(o ° 5 o cmi a v .L` ° o EE rn �aj aoo(nr v`io ' .E °d S ¢<a- � o G _ ° of c °'- my �ay Su; > °ym ca am amA� -'aC' 3a.°o �m o3 ^EN 6 E'v °T O`m U=.o onrn 'ocm ocj °z 'z^ '� 'E o v �E o.+i+YA A> o _ "m < m u w ° o� mEwa °e'�E > a=mp oRn m �U EEo C6Vm°'Ym Ea.°i.Dy mN EVlaw V .CC mn °� m ji OU .Xr " =O'b'4�°+ SS] %Y S qZ' ZW N.(°1 JO `ZGJO L Yl 1.., 0.y Do E...'k'.r >v m.22m u. o� ° A N'r m '" E<m `o Em rna�o m E �a L r G mb -E a.._o L °0 0 4 by mm Our .ED O E� Um -Awam n,, ^m N'S C� ac:1� at;v_o ao'`gqi` °'c m.roo °.@�'E of_- •, }.Z �Em °�Grvmac -gp-a 3' Ema °n ym Z'p °f'�'.�o oa6 E•`-p'o 0o c-- -- <Eq ma°' o c a E� cEv b co E p o a o ° mrn m bVf mn<a�vro°N �...P E o f:•.. may' G °^ L o4 °c °am,q - m$ao °.co morn: r=v'3 ' E < U C R. O a O U m o C S i `ry P O O9) E�,- > c ,caEAria Nm EO vo°�"boa °vo o.-_o ffj W o_ E rn p `'m'c mE 'o =�:. ..N o mb° �o o i E-.- Li m }. DUE c voc i. am rn -aE'v� S �yAU 3g E, m mm'S `O E E'oE o=�u aE O0D 3.�i E'o m�a �s`Lrn^ac$ra uc �y`" m >�o`mo ab3m m$.o @�_`o'm �°`+o o.`. my �'onoro mF Za � mmn EaE ...om°vwcca o� Eiz. LL A Oz° ag 8. 5mz UmQ iO.iz _m'm g° dg o�ymaan 6 =nn me.o "- az° co "' -?c $zG',•' -oi $ono Rmo °m �Na -a R.Em _o ._ "_r. a-c o, Sdrno =ENO 50-mmh w -Uy@ `oO Em-° o'OCm m` v� v,E o4 =9 c° a .. AO O10 o. A o.Eu= o n'3S°o0 _ ao av g o mtn vGti 6ac5 N p.E rnc'o,o �o EvC mE� c f m.o mN °GO EE jai d�ai grn.S V >a /' m:C: COrosy Ug Bova c °E q- 'mmD�6 m�R�O NO OG ONOm I�.gN�q�RSV0. <P.<�dN wz a o �- j� cam m, m m m4 oom P mLE cO1EmE3 °c °.o ob'a E' -`a-' o a m'f a "a m$a19 S2'� °� c'E d °mm cmF =c°.1 E`mo v T ^a e; m¢ e=nm E�- °`` >oa °n' EE'A- 2`°'?. a oa a o3 0 ¢-m H'5 <o_ eo< a «5 a'mo c � -E@ 90 °ry €, E obmym °a"_..°a a w'a y'-:Ln 2,ry °� ...c+m a o vaa ffi am O'FOvouc G' c pybmTOmc'°000 OCC,�cg�CCmoo°OE O�aOa.°: t'm `°O'gy0 °°£`e� VaEb 6b GmO �(� Q 82 OE(°i °GN6��QN�T¢66NQQbNh QF�N 46U._ 01I <= QNG j G 2 VNG a 6 'rvo)uou AOusodmdoa Rem RUC of Io"WOm• v_m.p bow noA'P.mw o6¢dpu¢ owpoWUo pimeN jw,p ugyujpweoddc pe 441 p¢* wuapuo OAJnPUooac P¢PNwds](y WOO ag41 . :uo0uose0 MISS :adA1lgw0 9peOM43SRse3gin°SSUGN :auo71a6edfuOVaS 9'96 %E :07.15 '.. IWVm "InOS 3O AM uesl7danPV L9b9obES8 aagwnN uolpasul :aweN iue! 0 L9VS9Y£SS aagwnN PV OLOZ16Z /80 :oleo! uopeopgm Q113j tUlil�t�