8South Miami
AA•AmMeaCAY
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Buford R. "Randy" Witt, Acting City Manager 2 ' C-S-Z
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 II (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
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 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 Sec. 20- 6.1(A)(3) as shown on the
attached ordinance. The sentence removed by the City Commission is being shown as deleted (strilce-
ttg�).
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
TJV /SAY
X: \Comm Items\2010 \8- 3- 10\LDC Amend Comm Voting Correction CM Report.doc
1
2
3
4
5
6
7
8
9
10
11
12
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
ORDINANCE NO,
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 Noe 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 II (D)(1) of the South Miami City Charter; and
1
2
3
4
5
6
7
8
9
10
11
12
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
2
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
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.
1
2
3
4
5
6
7
8
9
10
11
12
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
3
(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.
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.
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
11W1 Ci=8
CITY CLERK
1st Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
day of 2010
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
CITY ATTORNEY
(New wording in bold and underlined; wording removed in sa4k&4h#omgh)
X•1Comm ltemsU01018- 3- 101LDCAmend Vote Req. Orddoc
RESOLUTION NO. 53 -10 -13087
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 D.1 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
restrictive9'; 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
Charter amendment to wit:
SHALL ARTICLE 11, SECTION 6 D. 1. OF THE CITY CHARTER,
`°REQUIREMENTS FOR ADOPTION," BE AMENDED TO
PROVIDE:
EFFECTIVE 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 No. 27 -08 -1962, the City Commission did on July 29,
2008 also authorized language under Section 6 D. 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 MIAMI, 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 of March, 2010.
ATTEST:
READ AND APPROVED AS TO FORM
AND SUFFICrENCY:
e7
Laurence Feingold,
Office of City Attorney
... • .
1tIII
COMMISSION VOTE:
4 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
absent
)Commissioner Barris:
Yea
WAMy Documents\resolutiions\Resotu6on ca charter amend clarification.harris.doc
Z.'_,.-
ORI)INANCE 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 G °ADMINISTRATIVE ENTITIES - CI'T'Y
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
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, 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 PIan 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 11(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 new provisions in Article II (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, 200Y adopted 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" of the
Land Development Code is hereby amended as follows:
Ord. No. 33 -03 -2025
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
n ' - --- :�.:T�v , 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 to make them
less restrictive.
iii. Five (5) affirmative votes of the city commission shall be
required to amend Iand 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 ssrecial 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, nonconfomung 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.
Ord. Noe 33 -09 -2025
(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
w4LA�4* prpL.J�.e) except in which case reconsideration is possible
after six (6) months 4w 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 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.
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 8th day of December , 2009
ATTEST: APPROVED:
c4 � P
CITY CLERK ° MAYOR
1"Reading- 7/28/09
2nd Reading- 12/8/09
READ AND APPROVED AS TO FORM:
COMMISSION VOTE: 4 -0
Mayor.Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
absent
New wording in bold and underlined,• wording removed in gft-%kw=+seagh)
XAComm Items\2009 \11- 17- 09\LDC Amend Vote Req. Ord.doc
ORDINANCE NO. 27-08-196
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
CHARTER AMENDMENT; PRESENTING AN RxI TIAT1VE . 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 RESTRICTIVE 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 Commission. of the City of South Miami
pursuant to the requirements of section 5.03 of the Home Rule Charter of 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 election
on the question not less than 60 days and not more than 120 days from the date the draft
is submitted; and,
V&MREAS, pursuant to section 9 -1.1 of the City of South Miami Code of
Ordinances, a public hearing 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 MAYOR AND CI'T'Y
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The following question shall be submitted to the electors of the City
of South Miami at the next general election:
Title; QUESTION:. VOTING PROCEDURE; REQUMMENTS FOR
ADOPTION.
SHALL ARTICLE II, SECTION 6 D.I. OF THE CITY
CHARTER, `REQUIREMENTS FOR ADOPTION," BE
AMENDED TO PROVIDE:
Additions shown by underlining and deletions shown by mob.
pg „2 of Ord. No. 27 -08-7962
EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
ANY ORDINANCE THAT AMENDS LAND USE AND
DEVELOPhI iNT REGULATIONS IN ANY NL NNER. TO
MAID TEEM LESS RESTICI"IVE SHALT, REQUIRE
FIVE AFFIRMATIVE VOTES OF TEE CITY
COMMISSION.
YES
NO
Summary: If the question is approved by a majority of the voters voting at the
November , 2008 election, the Charter of the City of South 1vfiami shall be amended as
follows: .
ARTICLE If. City Commission
SECTION 6 D. 1,_Reouirements for Adorstion.
All resolutions or ordinances shall be adopted by the
indicated number of affirmative votes of the city commission.
Except as otherwise provided in this charter, four affirmative
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 regulations 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 funds.
To 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 gpprove.the
action indicated below.
To amend land use and development regulations in any
manner to make them less restrictive.
Additions shown by underiinin¢ and deletions shown by
Pg. 3 of Ord. Nei. 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 jurisdiction, 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 ADOPTED this 29s` day of JuIL- 2008:
ATTEST:
CITY CLERK.
ONE
MAYOR
V' Reading — 7/22/0
V' Reading— 7/29/08
COMMISSION VOTE: 3 -2
Mayor Feliu:
Nay
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Nay
Commissioner Beckman:
Yea
Commissioner Palmer:
Yea
Additions shown by underlininc and deletions shown by eve-stgda&
BOLETA OFICIAL DE MUEST
!ANTIYON BILTEN VOT OFIS'
LA
SPECIAL
S NO EM! ER 4 20008 FLORIDA 4 DE NOV EMBRE FLORIDA DEL 2 08 (SO 4 NOVANM 2008 ,
TO VOTE, COMPLETELY FILL IN THE
OVAL4W NEXTTO YOUR CHOICE.
If you make a mistake, review the
instructions provided to correct your ballot.
PARA VOTAR, LLENE COMPLETAMENTE
EL OVALO aw JUNTO A SU SELECCI6N.
Si se equivoca, No las instrucciones qua se
ledan pars corregir su boleta.
)U VOTE, RANPLI ANDEDAN OVAL LAN
T +L► AKOTE SA W CHWA21 AN.
w M yon ere, revue enstriksyon yo sou
uman you korije bitten vbt w an.
Question No.1
Shag Artcle 11, Simon 6 D.1. of the City Charter
"Requirements for Adoption;' be amended tc
provide:
Effective upon passage of this amerdmenL any
ordnance that authorizes the issuance d bonds a
the bara+6ng of money in excess of five percent o
the Cil)/s operating budget shall require, free
affirmative votes of the City comm6'sion?
Shall Article II, Section 6 0.1. of the City Charter; j a
"Requirements for Adoption,- be amended � I a
provide: s<
Effective upon passage of this amendment arty
ordnance that amends land use and develt
regulations in any manner to make them 'less
restrictKe shag require five affirmative votes of the
City Commission? .
Propuesta 146M 1
Kestyan Nim.1
Eskese pouAtk2 Seksyon 6 01. nan Konstitsyon
UI la, "Egnjans pou AdoIsyco ", amande you mete
anpas:
Efekfif apat de dot amannman so a pass, nwp6t
ziahat7_s ki amande izaj teryen ak reglerrentasyon
devlopman nan okenn fason you yo gen MIER$
esln'ksyw va egaje conk vot poafif de'apade
<omisyonUI la?
-:) YES /S( /WI 225
NO /NO /NON 226
)
4 01 01w
Kestyon Nim.2
Eske as pcuAh'k 2, Seksyon 6 D.I. nan KmsMsyon
Vd la, "Egajans you Adopsyon", amande par mete
anpbs:
Efektfff apat de dat amannman so a pace, nenpot
bdanans id otorize emayon bat ncnete wows prole
lajan id pliske senkpousan de bIdje operasyonm Vf to
va e9jje seek vdt pcei6f delapade Kan syon bd tor?
O YESISi/WI .228
O NO /NO /NON 229
To: Honorable Chair and
Planning Board Members
From: Thomas J. Vageline. Director
Planning and Zoning Departmen
Date: June 15, 2010
Re: LDC Text Amendment
Commission Vote on Land Use
Development Regulations
Sec. 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 66Administrative
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 II (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.
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 REGULATIONS
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 Sec. 20- 6.1(A)(3) as
shown on the attached page. The sentence removed by the City Commission is being shown as
deleted (&#ike-theuo).
RECOMMENDATION
The amended wording to be removed is shown by strikedwough, It is recommended that the
proposed amendment be approved.
Attachments:
Resolution No. 53 -10 -13087
Ordinance No. 33 -09 -2025
City Charter Article 11 D (P. 11)
Ord. 27 -08 -1962 (placing issue on ballot)
Official Ballot (Nov. 4, 2008)
Public Notices
TN /SAY
X:\PB \PB Agendas Staff Reports\2010 Agendas Staff Reports \6- 15- 10\PB -10 -006 LDC Amend Comm Voting Correction, Report.doc
LDC Amendment
June 15, 2010
3
LDC PROPOSED AMENDMENT
_(new wording shown in bold/underlined wording to be removed shown in—,4r�ough) -
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
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.
LDC Amendment
June 15, 2010
el
(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 Reports\2010 Agendas Staff Reports \6- 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. Mr. 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
TJV /SAY
x: \Comm Items\ 2010 \9- 3- 10\PB.Minutes.6.152010 Excerpt Voting.doc