Ord. No. 32-09-2024ORDINANCE NO. 32 -09 -2024
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 20-
2.3 ENTITLED "DEFINITIONS" BY ADDING A NEW DEFINITION OF "LAND USE
REGULATIONS'; AND ADDING A NEW DEFINITION OF "DEVELOPMENT
REGULATIONS" BY MODIFYING THE EXISTING DEFINITION OF
"REGULATIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The South Miami City Charter Article 1I (D)(1) was amended by the
voters on November 4, 2008 to include changes to the City Commission's voting
procedure on resolutions and ordinances changing land use and development regulations;
and
WHEREAS, The Land Development Code (LDC) Section 20 -6.1 (A)(3) also sets
forth the voting requirements for the City Commission and lists the number of votes
needed to adopt or approve Comprehensive Plan amendments and Land Development
Code amendments; and
WHEREAS, The current LDC section on the votes required by the City Commission
is now non - compatible with the new Charter provisions; and
WHEREAS, In order to clarify the situation the Planning Board at its June 23,
2009 meeting adopted a motion amending Section 20- 6.1(A)(3) "Administrative entities -
Procedures" to include the same language as was adopted by the voters in November
2008; and
WHEREAS, The City Commission at its August 18, 2009 meeting discussed the
proposed ordinance then deferred the item and requested the Planning Board consider
providing a definition of the term "development regulation" in order to assure that the
correct voting requirement could be interpreted; and
WHEREAS, The Planning Board at its September 9, 2009 meeting, after public
hearing, approved a motion by a vote of 5 ayes 0 nays recommending that proposed
definitions for both Land Use Regulations and Development Regulations be adopted; 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 Land Development Code Section. 20 -2.3 is hereby amended to modify the
following definition of Regulations:
Section. 20 -2.3
DeveWment Regulations. Shall mean the whole body of regulations, charts, tables,
diagrams, maps, notations, references and symbols, contained in or referred to in this Land
Development Code including the South Miami Official Zoning Map, which can only
Ord. No. 32 -09 -2024
2
be changed, modified, or amended by the adoption of an ordinance.
Section 2. That Land Development Code Section. 20 -2.3 is hereby amended to add the
following:
Section. 20 -2.3
Land Use Regulations. Shall mean the whole body of regulations, charts, tables,
diagrams, maps, notations, references and symbols, contained in or referred to in the
South Miami Comprehensive Plan, including the Future Land Use Map, which can
only be changed, modified, or amended by the adoption of an ordinance.
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 8th day of December , 2009
ATTEST:
�WA Lei 91 VA 24
1st Reading - 1 1/ 3/ 09
2nd Reading -12/8/09
READ AND _APPROVED AS TO FORM: COMMISSION VOTE: 4 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
1 Commissioner Palmer: Yea
Commissioner Newman: Yea
Commissioner Sellars: absent
X:\Comm1tems\2009\10-6-09\LDC Amend Definition Deve Ord.doc
South Miami
Ail - America City
CITY OF SOUTH MIAMI , f
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Co mission
Via: Roger M. Carlton, Acting City Manager
From: Thomas Vageline, Director
Planning and Zoning Departmen g
Date: November 17, 2009
Item No.:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 20 -23 ENTITLED
"DEFINITIONS" BY ADDING A NEW DEFINITION OF "LAND USE REGULATIONS'; AND
ADDING A NEW DEFINITION OF "DEVELOPMENT REGULATIONS" BY MODIFYING
THE EXISTING DEFINITION OF "REGULATIONS'; 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 II (D)(1). The changes adopted were: (1) a requirement that the application of any current land use
or development regulation which results in less restrictions will require four affirmative votes of the
Commission to adopt; (2) a requirement that the amendment of any land use or development regulation
which results in less restrictions will require five affirmative votes of the Commission to adopt (see
attached p.I 1 City Charter).
The Land Development Code Section 20- 6.1(A)(3) also sets forth the voting requirements for the City
Commission and lists the number of votes needed to adopt or approve Comprehensive Plan amendments,
Land Development Code amendments and all forms of zoning applications. It is this section which is
impacted by the Charter amendments adopted in 2008. The current LDC section on the votes required by
the City Commission is now non - compatible with the new Charter provisions.
In order to clarify the situation the Planning and Zoning Department prepared a draft ordinance amending
Section 20- 6.1(A)(3) "Administrative entities - Procedures" to include the same language as was adopted
by the voters in November 2008. The Planning Board at its May 26, 2009 meeting conducted a public
hearing. Prior to adoption at its next meeting on June 23, 2009 the City Attorney provided a more detailed
explanation (see attached) on the revisions made to the City Charter. The Board then adopted a motion
recommending approval of the proposed amendment ordinance.
CITY COMMISSION ACTION
The City Commission at its August 18, 2009 meeting discussed the proposed ordinance. Several members
of the Commission felt that a definition of the term "development regulation" needed to be established in
2
order to assure that the correct voting requirement could be interpreted. The Commission then deferred
the item and referred it to the Planning Board for consideration of a definition.
PROPOSED DEFINITION
The 2008 City Charter amendment and the Land Development Code amendment contain the tenn "land
use and development regulations ". It would be most appropriate to define both terms and relate the
definition to actual South Miami regulatory documents. The Land Development Code currently has a
definition for the word "Regulations ". It was recommended by the Planning Board that current wording in
the Code be used as part of the definition of both terms. The following two definitions were proposed for
inclusion in LDC Section 20 -2.3:
Development Regulations. Shall mean the whole body of regulations, charts, tables, diagrams,
maps, notations, references and symbols, contained in or referred to in this Land Development
Code including the South Miami Official Zoning Map, which can only be changed,
modified or amended by the adoption of an ordinance.
Lantz Use Regulations Shall mean the whole body of regulations, charts, tables, diagrams,
maps notations references and symbols contained in or referred to in the South Miami
Comprehensive Plan including the Future Land Use Map which can only be chanted,
modified or amended by the adoption of an ordinance.
PLANNING BOARD ACTION
The Planning Board at its September 9, 2009 meeting, after public hearing, approved a motion by a vote
of 5 ayes 0 nays recommending that the proposed definitions be adopted.
RECOMMENDATION
It is recommended that the attached draft ordinance amending the Land Development Code be approved
on second reading.
It is important to note that the second reading of the ordinance which amends and corrects the voting
requirement in the Land Development Code (Section 20- 6.1(A)(3)) is also on the November 17, 2009
City Commission agenda for second reading and adoption.
Attachments:
Draft ordinance
City Charter Section D 1 "Requirements for Adoption °(p.11)
Planning Board Minutes Excerpt 9 -9 -09
Planning and Zoning Department Staff Report 9 -9 -09
LDC Section
Public notices
TJ VISA Y
X: IComm lten2sk2009W -17 -W LDC Anzend Definition Deve CM Report. doe
ARTICLE H (Cont'd)
(2) public Hearings. The public hearing shall follow the
introduction of the ordinance and publication by at least ten
(1D) days prior to the public hearing and may Commission ing. All
held separately
or in conjunction with the regular City
to be beard
interested persons shall have an Opportunity
(3) Readings. Each ordinance shall be read by only the
title at both first and second readings and shall be considered
at no less than two meetings of the Commission unless declared
emergency. if an ordinance is materially amended upon the second
reading, a' third reading shall be required at a subsequent
meeting of the Commission. (Amended 2/94)
C Zf�fectiv'e Date. 'Except as otherwise' provided in
this Charter, every adopted ordinance shall become effective at
the expiration of ten (10) days after adoption of any other date
specified.'therein_
D voting PracedMre. Voting shall be by roll call., The
"yeas" and `nays" shall be recorded individually in the minutes
of each meeting.
No Commission member shall be excused from voting as
required by law. (Amended 2/8/00)
1, Requirements .far Adoptz.on. All resolutions or
ordinances shall be adopted by no less than three affirmative
votes of the City Commission. (Amended 2/8/00)
Except as otherwise provided in this Charter, four
affirmative votes of the City Commission shall be required in the
following instances: (Amended 2/8/00 and 11/04/08)
To issue bonds or borrow money
To a 1 current land use and develo ment regulations
in
any manner t_ them less restrictive,
To grant, renew or amend any lease ox franchises
To transfer title to property `
To appropriate or expend non - budgeted funds
To approve an initiatory - ordinance pursuant to Article V I.
to maze raem
11 SOVra MIA Ma CITY CHARTER
A),SNDED IV04108
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Wednesday, September 9, 2009
City Commission Chambers
7:30 P.M.
EXCERPT
L 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. Roll Call
Action: Vice Chairperson, Ms. Yates requested a roll call. Board members present
constituting a quorum:
Present: Mr. Comendeito, Ms. Young, Ms. Yates, Mr. Farfan, and Mr. Whitman.
Absent: Mr. Cruz, Mr. Morton
City staff present: Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant), Maria Stout -Tate (Administrative Assistant 11), Lourdes
Cabrera- Hernandez (Principal Planner).
IV, Planning Board Applications /Public Hearings.
PB -09 -022
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 20-
2.3 ENTITLED "DEFINITIONS" BY .ADDING A DEFINITION OF "DEVELOPMENT
REGULATIONS'; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Ms. Yates read this item into the record.
Discussion: Mr. Youkilis spoke on the issue of the South Miami City Charter that 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 H (D)(1). The changes
adopted were: (1) a requirement that the application of any land use or development regulation
which results in fewer restrictions will require four affirmative votes of the City Commission to
adopt; (2) a requirement that the amendment of any land use or development regulation which
results in less restrictions will require five affirmative votes of the City Commission to adopt.
Planning Board Meeting Excerpt
September 9, 2009
2
Mr. Youkilis went on to say that the Land Development Code Section 20 -6.1 (A)(3) also sets forth
the voting requirements for the City Commission and lists the number of votes needed to adopt or
approve Comprehensive Plan amendments, Land Development Code amendments and all forms of
zoning applications. It is this section which is impacted by the Charter amendments adopted in.
2008. The current LDC section on the votes required by the City Commission is now non-
compatible with the new Charter provisions.
Mr. Youkilis continued saying that in order to clarify the situation the Planning and Zoning
Department prepared a draft ordinance amending Section 20- 6.1(A)(3) "Administrative entities -
Procedures" to include the same language as was adopted by the voters in November 2008. The
Planning Board at its May 26, 2009 meeting conducted a public hearing. Prior to adoption at its
next meeting on June 23, 2009 the City Attorney provided a more detailed explanation on the
revisions made to the City Charter. The Board then adopted a motion recommending approval of
the proposed amendment ordinance. Attached is a copy of the ordinance forwarded to the City
Commission:
Mr. Youldlis informed the Planning Board that the City Commission at its August 18, 2009
meeting discussed the proposed ordinance. Several members of the Commission felt that a
definition of the term "development regulation" needed to be established in order to assure that the
correct voting requirement could be interpreted. The City Commission then deferred the item and
referred it to the Planning Board for consideration of a definition.
Mr. Youkilis stated that the 2003 City Charter amendment and the Land Development Code
amendment contain the term "land use and development regulations ". It would be most appropriate
to define both terms and relate the definition to actual South Miami regulatory documents. The
following two definitions are proposed for inclusion in LDC Section 20 -2.3 "Definitions ":
Land Use Regulations shall mean all of the text, graphics, and maps including the Future
Land Use Map, which are part of the South Miami Comprehensive Plan and which can only be
changed, modified, or amended by the adoption of an ordinance.
Development Regulations shall mean all of the text, graphics, and maps including the City of
South Miami Official Zoning Map, which are part of the South Miami Land Development
Code and which can only be changed, modified, or amended by the adoption of an ordinance.
Mr. Youkilis stated that City staff was recommending that the above definitions be recommended
for approval.
Opened/Closed Public Hearing
Ms. Yates opened public hearing. Seeing that there wasn't anyone in the audience, Ms. Yates
closed the public hearing.
Discussion:
Mr. Whitman inquired that there was a definition of "regulations" (page 15), in the Land
Development Code that overlaps in meaning and he is concerned that there might be some areas
that conflict with each other. The other concern is that "land use" is a general term and located in
the Comprehensive Plan. Mr. Whitman wanted to know if the City had other examples that had
split those terms between the Land Development Code and the City Code.
Planning Board Meeting Excerpt
September 9, 2009
3
Mr. Youkilis said that there were several definitions in the Florida Statutes and they all were
different and none of them were satisfactory. We were more concerned in land use and
development regulation, so we created our own. We were not able to find any other definitions in
other municipal codes.
Mr. Whitman stated that he was wondering if using "land use regulations" is not more appropriate
to refer in the Land Development Code rather than Comprehensive Plan.
Mr. Youkilis stated that the State statute, Chapter 163, essentially regulates land use. The
development regulation plaza goes into much more detail about heights, plans, roofs, set backs, and
signage. The Comprehensive Plan doesn't go into that. It is strictly policies and land use.
Mr. Whitman asked if zoning governs land use.
Mr. Youkilis stated that zoning governs land use based on what is. in the Comprehensive Plan. It
takes land use and breaks it down into detailed zoning districts, so it does govern land use but does
it in a more detailed way. This is the difference when you look at the Comprehensive Plan and the
Land Development Code. The Land Development Code is much more detailed and much more
comprehensive about controlling the use of the Iand than the Comprehensive Plan. In the Land
Development Code the factors used are height, FAR., and units per acre. Mr. Whitman stated that
Mr. Youkilis had convinced him.
Ms. Young asked in the definition section, under Land Use Regulations, should the wording be
"shall mean all of the test, graphics, and maps in the Future Land Use Map ", instead of
"including "?
Mr. Youkilis stated that the Future Land Use Map is an attachment to the Comprehensive Plan and
that is why the word "including" appears.
Interim City Attorney, Laurence Feingold inquired if Planning and Zoning could add verbiage to
the section "Development Regulations ".
Mr: Youkilis answered that there are tables in the Land Development Codes and diagrams.
Mr. Whitman asked if Mr. Youkilis could read the definition of `regulations" from the Land
Development Code to the Board. Mr. Youkilis then made copies from the Land Development Code
for Board Members.
Mr. Youkilis returned to the Chambers with the copies for the Board members and asked the Board
to review the word "regulation" that Mr. Whitman was speaking of If you add the word
"development regulations" then it would be a better definition.
Ms. Yates stated that the following should be the verbiage used for the definitions:
.Development Regulations. Shall mean the whole body of regulations, charts, tables, diagrams,
maps, notations, references and symbols, contained in or referred to in this Land Development
Code including the South Miami Official Zoning Map, which can only be changed, modified,
or amended by the adoption of an ordinance:
Planning Board Meeting Excerpt
September 9, 2009
4
Land Use Regulations Shall mean the whole body of regulations charts tables diagrams,
mans notations references and symbols contained in or referred to in the South Miami
Comprehensive Plan including the Future Land Use Man which can only be changed,
modified or amended by the adoption of an ordinance,.
Ms. Yates inquired if someone could make a motion:
Motion: A motion was made by Mr. Whitman to merge and make consistent the existing definition .
"Regulation" with the new definition of "Development Regulations ". Seconded by Mr.
Comendeiro.
Vote: 510
Motion was adopted and passed.
Ms. Yates asked for a motion for the Land Use Regulations section.
Motion: Mr. Whitman made a motion to add the definition of "Land Use Regulations" with the
wording consistent with that just approved for "Development Regulations ". Seconded by Mr.
Comendeiro:
Vote: 510
Motion was adopted and passed.
X:\Comm Items\2009 \I0- 6-09\PB Minutes Excerpt 9- 9- 09.doe
To: Honorable Chair &
PIanningg Board Members
From: Thomas J. Vageline, Director r t r
Planning and Zoning Departmen f= E
Date: September 9, 2009
Re: LDC Amendment
Definition of Development
Regulations See. 20 -2.3
PB -09 -022
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TIME CITE' OF
SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION
20 -23 ENTITLED "DEFINITIONS" BY ADDING A DEFINITION OF
"DEVELOPMENT REGULATIONS "; PROVIDING FOR SEVERABH,ITY;
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 II (D)(1). The changes adopted were: (1) a requirement that
the application of any land use or development regulation which results in less restrictions will
require four affirmative votes of the Commission to adopt; (2) a requirement that the amendment
of any land use or development regulation which results in less restrictions will require fve.
affirmative votes of the Commission to adopt (see attached p.1 l City Charter).
The Land Development Code Section 20 -6.1 (A)(3) also sets forth the voting requirements for
the City Commission and lists the number of votes needed to adopt or approve Comprehensive
Plan amendments, Land Development Code amendments and all forms of zoning applications. It
is this section which is impacted by the Charter amendments adopted in 2008. The current LDC
section on the votes required by the City Commission is now non - compatible with the new
Charter provisions.
PLANNING BOARD ACTION
In order to clarify the situation the Planning and Zoning Department prepared a draft ordinance
amending Section 20- 6.1(A)(3) "Administrative entities- Procedures" to include the same
language as was adopted by the voters in November 2008. The Planning Board at its May 26,
2009 meeting conducted a public hearing. Prior to adoption at its next meeting on June 23, 2009
the City Attorney provided a more detailed explanation (see attached) on the revisions made to
LDC Amendment Section
September 9, 2009
Page 2 of 2
the City Charter, The
Board then
adopted a motion recommending
approval of the proposed
amendment ordinance.
Attached is
a copy of the ordinance forwarded to the City Commission.
CITY COMMISSION ACTION
The City Commission at its August 18, 2009 meeting discussed the proposed ordinance. Several
members of the Commission felt that a definition of the term "development regulation" needed
to be established in order to assure that the correct voting requirement could be interpreted. The
Coriunission then deferred the item and referred it to the Planning Board for consideration of a
definition.
PROPOSED DEFINITION
The 2008 City Charter amendment and the
term "land use and development, regulations"
and relate the definition to actual South S
definitions are proposed for inclusion in LDC
Land Development Code amendment. contain the
It would be most appropriate to define both terms
iiiami regulatory documents. The following two
Section 20 -2.3 "Definitions ":
Land Use Rezulatlons shall mean all of the text, graphics, and maps including the Future
Land Use Map, which are part of the South Miarni Comprehensive Plan and which can only
be changed, modified, or amended by the adoption of an ordinance.
Development 1Zeeons shall mean all of the text, graphics, and. maps including the City
of South Miami Official Zoning Map, which are part of the South Miami Land
Development Code and which can only be changed, modified, or amended by the adoption
of an ordinance.
RECOMMENDATION
It is recommended that the above definitions be recommended for approval.
Attachments:
City Charter Section D 1 "Requirements for Adoption "(p.11)
City Attorney Communication 6 -3 -09
Draft ordinance
Public notices
TJV1SAY
X:TB\PB Agendas StaffReports\2009 Agendas Staff RepoM\9- 9- 09T13 -09 -022 LDC amend Defin Deve Reg.doo
em(sj: ( nc
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI. FLORIDA AMENDING LAND .
DEVELOPMENT CODE SECTION 20.2.3 ENTITLED
'DEFINITIONS' BY ADDING A NEW DEFINITION OF OLAND
USE REGULATIONS'; AND ADDING A NEW DEFINITION OF
'DEVELOPMENT REGULATIONS- BY MODIFYING THE
EXISTING DEFINITION OF - REGULATIONS "; PROVIDING
FOR SEVERABIIITY; PROVIDING FOR ORDINANCES IN
CONFLICT; ANDPROVIDING AN EFFECTIVE DATE,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE
10A ENTITLED 'FLOOD DAMAGE PREVENTION' WHICH
CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE. AND OBJECTIVES; PROVIDING DEFINITIONS;
PROVIDING GENERAL PROVISIONS; PROVIDING LANDS
TO WHICHTHIS ORDINANCEAPPLIES; PROVIDING A BASIS
FOR ESTABLISHING THE AREAS. OF SPECIAL ROOD
HAZARD: PROVIDING A DESIGNATION OF FLOODPLAIN
ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT OF
DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRIC-
TIONS; PROVIDING FOR INTERPRETATION; PROVIDING A
WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING
PENALTIES FOR VIOLATION; PROVIDING ADMINISTRA-
TION; PROVIDING PERMIT PROCEDURES: PROVIDING
DUTIES AND RESPONSIBILITIES OF THE FLOOOPLAIN
ADMINISTRATOR; PROVIDING PROVISIONS FOR FLOOD
HAZARD REDUCTION: PROVIDING GENERAL STANDARDS;
PROVIDING SPECIFIC STANDARDS; PROVIDING
STANDARDS FOR A -ZONES WITHOUT BASE FLOOD
nNr;A SIOANDAR S FOR AO-ZONESO PROVIDING FOR
VARIANCE PROCEDURES; VNUVwirva me w,vm nvn.,
FOR VARIANCES; PROVIDING FOR VARIANCE NOTIFICA-
TION; PROVIDING FOR HISTORIC STRUCTURES; PROVI
n
nw cn aTnn -n racy nN RFGtllATORY FLOODWAY;
AND
1.
A'RESOLUTION
OF, THE. CITY.
TO.THE ISSUM
CRY .',
e4;$0081 PROVIDING FOR SEVERA =.
IN CONFLICT; AND PROVIDING AN
IELIAYOR AND CITY COMMISSION.
tOV)DINGAN EFFECTIVE
AND CRY COMMISSION '
ELATING TO A REQUEST
(B)(a)(b) OF THE 'LAND
;IAL, USE APPROVAL TO
ANT AT 'S900 SW 73rd
)VT SPECIALTY. RETAIL
ZONING DISTRICT; AND
' PROVIDINGAN EFFECTIVE DATE.
A . interested parties are invited to ahend and will be heard.
For further intmo a bn, please contact the City Clerk's Ofe a at:
305363L340.
More M. Menendez. CMC
Ity Clerk
Pursuant to Florida Statgles 286.0105, the City hereby advises the PUNIC
that if a person dedde5 to appoal any deesslon made by this Board,
Ageriny or Commission, with . respect to any matter considered at its
meeting or hewing, he dr she Mill needo record of the proceedings, and
that for such W mose,.9Hecled Person may need to ensure that a verbatim
record of the Proceedinga to made which record Includes the testimony aril
evidence upon which the appeal is to be besed. '
1116 f I 09- 3- 219A3433 lvl
k
AN
9
CO
9
MIS
THE
q
IAN
ITH MIAMI
WIL
LIC NEARING 1
'ADI
BILE
ty Commission o(the CRy of South ;
.
�' ..EFF
Inge, at}s,reyWarC y,Cgmmisvo6.
Dm'b rr ti, 2003 be9lnnilw Wt 7;50'
KR
s, 6130 $liniel Drive; tq conm ri
,OF:
em(sj: ( nc
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI. FLORIDA AMENDING LAND .
DEVELOPMENT CODE SECTION 20.2.3 ENTITLED
'DEFINITIONS' BY ADDING A NEW DEFINITION OF OLAND
USE REGULATIONS'; AND ADDING A NEW DEFINITION OF
'DEVELOPMENT REGULATIONS- BY MODIFYING THE
EXISTING DEFINITION OF - REGULATIONS "; PROVIDING
FOR SEVERABIIITY; PROVIDING FOR ORDINANCES IN
CONFLICT; ANDPROVIDING AN EFFECTIVE DATE,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE
10A ENTITLED 'FLOOD DAMAGE PREVENTION' WHICH
CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE. AND OBJECTIVES; PROVIDING DEFINITIONS;
PROVIDING GENERAL PROVISIONS; PROVIDING LANDS
TO WHICHTHIS ORDINANCEAPPLIES; PROVIDING A BASIS
FOR ESTABLISHING THE AREAS. OF SPECIAL ROOD
HAZARD: PROVIDING A DESIGNATION OF FLOODPLAIN
ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT OF
DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRIC-
TIONS; PROVIDING FOR INTERPRETATION; PROVIDING A
WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING
PENALTIES FOR VIOLATION; PROVIDING ADMINISTRA-
TION; PROVIDING PERMIT PROCEDURES: PROVIDING
DUTIES AND RESPONSIBILITIES OF THE FLOOOPLAIN
ADMINISTRATOR; PROVIDING PROVISIONS FOR FLOOD
HAZARD REDUCTION: PROVIDING GENERAL STANDARDS;
PROVIDING SPECIFIC STANDARDS; PROVIDING
STANDARDS FOR A -ZONES WITHOUT BASE FLOOD
nNr;A SIOANDAR S FOR AO-ZONESO PROVIDING FOR
VARIANCE PROCEDURES; VNUVwirva me w,vm nvn.,
FOR VARIANCES; PROVIDING FOR VARIANCE NOTIFICA-
TION; PROVIDING FOR HISTORIC STRUCTURES; PROVI
n
nw cn aTnn -n racy nN RFGtllATORY FLOODWAY;
AND
1.
A'RESOLUTION
OF, THE. CITY.
TO.THE ISSUM
CRY .',
e4;$0081 PROVIDING FOR SEVERA =.
IN CONFLICT; AND PROVIDING AN
IELIAYOR AND CITY COMMISSION.
tOV)DINGAN EFFECTIVE
AND CRY COMMISSION '
ELATING TO A REQUEST
(B)(a)(b) OF THE 'LAND
;IAL, USE APPROVAL TO
ANT AT 'S900 SW 73rd
)VT SPECIALTY. RETAIL
ZONING DISTRICT; AND
' PROVIDINGAN EFFECTIVE DATE.
A . interested parties are invited to ahend and will be heard.
For further intmo a bn, please contact the City Clerk's Ofe a at:
305363L340.
More M. Menendez. CMC
Ity Clerk
Pursuant to Florida Statgles 286.0105, the City hereby advises the PUNIC
that if a person dedde5 to appoal any deesslon made by this Board,
Ageriny or Commission, with . respect to any matter considered at its
meeting or hewing, he dr she Mill needo record of the proceedings, and
that for such W mose,.9Hecled Person may need to ensure that a verbatim
record of the Proceedinga to made which record Includes the testimony aril
evidence upon which the appeal is to be besed. '
1116 f I 09- 3- 219A3433 lvl
k
° u�p z6FZew v¢diL zz zo G
E52Esosowas�a¢°'wzs`F �g yoo zN n.i �M
'�_ZiPdoF� °w
Hpo �" °d.Q E z C E w ' °a °o o w uzi $ w" o h ~z
E zoos'6y� € -o` u�izs o�
�UA Ez ¢W `2 �x��WO NFrc NO WO Z�zzoaou43 oox°°oW $zo �. °w a r$o eFZ Sao m
ci o.oa 8 °¢o -bEwy Mw o� - or m o� o
Q V sq _ Wg G-Grdo °%'�°2 °zE fuo3'=��- w65gz
�F- m o as ¢°m°.c �o °� Fzz,u -ow GNO z}ugo U'` �o ° °Sr -`oo aFoi rvzo 6Rb
0 r
=0 °� z"'wy'd w°d uzirv� wGZ ovaiz3 °os �ay�o. °w� Vs� ��o Us°
FZ a��ow� o¢oo W�Fu� a °dm3 =6� �sg
w w o s ° wm 'um o
0tn od°�°' �� f ^k �sW`j- tu5¢s z UyFa °- o¢uu z y ? �°-� �wha
d
t (nW �w' a"9xW tbz ^"� $a of Ste° o °az" ���'od >os °o r¢s'>¢. c°a Wow'o a r
°s °G d m " - wtitn o8y
U. Emm °f°"a d.c3wixo?Fx P„ °¢ooz5 in. 'o o.4 QW,ezoo6 a.,P °az m`¢ w.re °°_'
0=
CC 3 E d oo° o'z°a Ed 3 0 0 zo °u SszE �a =ES" OZOB= °o. Cio T... �� a `
�j H
` mazz¢, Zis u ` aS3So °¢fin.{ -n °oi w 30 °F p
W-a °ot¢W° Oi °� 9=. wO fi'OFw2¢ZO dLL V Z °5 ?O'E W ?=
UU 4 u¢a °z_oz.3go zee -= ozG zo o-�zgg ?�w m2 oiu °ozo� Woo Phu o 0 3 0
FLLr� °z 5,°Qnd °° SSz ° °oF� Qgo °zw�oS"'azat6z 05Ox °now
Wt_`v [J. OQ agF -p:N KC:O WZtQ wO °e/�4 O° 66 u.6 VCO �_� °OS 6LLSN o ^
m dt� -iwgow i>�d�w Foaao'O ¢6 ^°C�+4'zias R,Fgio. woyo u��o°'za3G o�°nz.°^,yc
�m�o mm' W zo�U�.._zooH
s =c sESLLO oowao =z oaaco oqd o c~'S °Om °o Sy >a <¢° v °S €�d 6e°+ sow E3 v
¢ i 66" Pi H� os �o 0o Yw c" om� sx os
w mE z°airx- ° _ mod' m° a o.ad °k OSrcu. °Oda ooi a " ¢ i-- ¢r
G ` _
ow
wM
Ep
Se`3
luoluoo Ave emmndw io 110100 Aom Aue ul Wspcm enpenpop open 1ou Am noA - pgeDlpu� e6ed pee elep oq1 uo WueH IweIW uql ul poaodde pe eg11eg1 o ueppe eeJmpuoo se popjAwd sl WOegSn sNl
_ n
=u 1duasap
opeolZYSO /salgeE) SNBN :euOZ /a6ed /UOROOS
iwviw HinoS jo A uo aasipenpy
:aweN luago
M98
O'OLXE
Z0 UGttr8
Z096MV8
:ad61 joloo 600Z190/44 ,a ;ea uw1W .1q d
:ezls
:JegwnN UoIUasuI ' Q1Baa ;F 11U 1 "alj�,
aegwnN py
e
V
E §v
v
sq�
o�
b
_
-zs
mss
Ep
Se`3
luoluoo Ave emmndw io 110100 Aom Aue ul Wspcm enpenpop open 1ou Am noA - pgeDlpu� e6ed pee elep oq1 uo WueH IweIW uql ul poaodde pe eg11eg1 o ueppe eeJmpuoo se popjAwd sl WOegSn sNl
_ n
=u 1duasap
opeolZYSO /salgeE) SNBN :euOZ /a6ed /UOROOS
iwviw HinoS jo A uo aasipenpy
:aweN luago
M98
O'OLXE
Z0 UGttr8
Z096MV8
:ad61 joloo 600Z190/44 ,a ;ea uw1W .1q d
:ezls
:JegwnN UoIUasuI ' Q1Baa ;F 11U 1 "alj�,
aegwnN py
MIAMI DAILY BUSINESS REVIEW
PubAShed Daily exco0r Saturday. Sunday antl
Ural Hoidaya
Miami. Miami -Dada County, Honda
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she Is the
LEGAL CLERK, Legal Notices of the Miami Dally Business
Review We Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in MlamikDade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING AND DATE CHANGE
In the XXXX Court,
was published in said newspaper in the issues of
11/2]/2009
Af iant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida. each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class malt matter at the post
office in Miami in said Miami-Dade County, Floritla, for a
period of one year next preceding the first publication of the
allached copy of advertisement; and ahiant further says that he or
she has neither paid nor promised any person, finn or corporation
any discount mission or refund for the purpose
of securin ublicelion in the said
paper.
Sworn to and subscribed before me this
2] a MBER A . O09
(SEAL)
MARIA MESA personally known to me
LCHI CIA DE CASSIA GPEEMAMY
H]10253
•'
F(�O�
COMMISSION
EXPIRES August 29,2011
;
ls'0fa3
-�
w m m m m m m m m m m m m m m m m w w m m m m m m
m 9 w �: W m m m m m m m m m m m m m m m m 6 m m m m m m
W� n W a N A n O
K KN NNK KK KKKKK � � jp y � K K° K
d °b °- - d and
all
m W m m W W m mmm W W W m m m W m m m m m W m m m m m m
m W m m m m m m m 0 m m m m m m m m m m m m m m m m
° N NNNNNN y N N eD NN N y N
o o _
:. E m c E n o U E J yy ca 6 d a° a
y '�
w _
r F C y r c 9
y a m -
_ w
T
m m q= q O = c a= �
rNii c
o m
N
w -� �- v m a w
3W a WO w _ 'owsW pj `�oF t�YaW a o b3 po"
s
o �qu pd zJy kzF ego
€v zri° wm 10i w r `w °c �a
o °.h Tw Mz, �zw°g ¢ozc¢w5 `m e�CY
Q LIJ aN= oz¢'z "biz
wozNO woo woF4 yo u¢ o sao Ilk sn x
ZZ - °e mmyo6 �°oe�y e.,�g�a`u
r= a°.E °ww ww aw¢N a owzm $._P
° o rn0 sy t ¢ a F
h �W ���
1— =tea J 6o p a6¢ ¢ 8 ES
}" a = a s— �i 5 m`� m
d J ox'aJ =Mwm¢°. ` ou °�a - � �Ea=
we* O � Vv E?En °m¢'w p o zo °S wa =m° W`GdrzO n A uqd
°i Soo �¢"y zr °'�zp 3w °•-n -¢pzz u q8
c V•on. _z4 Zz° °'oZ°z ow °w° °HCaz� o hfi
•.`�" a G eoNq ° of��g
N ¢c °sr ¢Z� 5zo �4s�w a�orz - c €fit`
w 60 °
MOM p E
TI wN�za �¢u~'} UU~z5° z Jig m~¢o� a n y8
¢`3 p°. -„ Qoo oao`bo�.m o�j�� oo E p g'ggg
i yams o¢NZ oa�`w' oEiE,o
i o, zo _ coo z aa$ °a ¢om_
z
li K u5 ox
V C p= 'yQB ei£ Y7 fi �'vY
w "afr:�s a��9's`i$EZ v ti am iss
IV
CL
.e au, w,omndal ae notdxe Rem Luc NNe'egoM onpenpep eleen you Avw voA'palvoipui e6ed pue elep o ; uo pjeieN lwelW egy ul pweeddr pv egg94; aavepIe¢ eAISMIWoa se popinwd s! (H)toayg3 sryt
:uo!)duosao MRS :adRl jo!oo
apeolEZdJl(IlepuaN SdeN :euoZ(a6ed(uo!)3aS 9'9XE
iwviw mnoS do Also :ias!panpy 0966MrS ❑agwnN uo!Uasu!
:aweN )ua!!p 1.096W" aagwnN py