15( \ , )
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To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander
December 15, 2015 Agendaltem NO.:"]5
An Ordinance amending the City of South Miami Land Development
Code, Article VI, "Administration and Enforcement," Section 20-6.1,
"Administrative entities," and other applicable provisions, to define the
term "less restrictive" to more accurately determine what voting
requirements apply to City Commission actions to amend land
development regulations.
The City regulates land use and development within its boundaries through the
City's Comprehensive Plan and Land Development Code. The City Charter
provides in Article II, "City Commission," Section 6, "Ordinances," Subsection
D.l, "Voting Procedure," and "Requirements for Adoption," that:
"Except as otherwise provided in this charter, five affirmative
votes of the city commission shall be required to approve the
actions indicated below:
To amend land use and development regulations in any manner
to make them less restrictive!.]"
No definition is provided in the Charter or the Land Development Code for the
. term "less restrictive;" and the Land Development Code contains an identical
provision in Section 20-6.1(A)(3)(a), and similarly without a definition for the
term "less restrictive."
It is incumbent on the City to provide an objective definition for the term "less
restrictive" so as to add certainty to the actions of the City Commission when it
enacts an ordinance or amends the Land Development Code or the City's
Comprehensive Plan. Following the recommendation of the City staff and
professional planning and land use legal consultants, this proposed Ordinance
provides the appropriate objective definition that will add certainty to future
enactments to the Land Development Code or the City's Comprehensive Plan.
THE CITY OF PLEASANT LIVING
RECOMMENDATION:
f-~ . ·r. ~ .. ,"
Ii."o..e •
AMOUNT:
ACCOUNT:
AnACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
Staff therefore recommends that the City Commission amend the Land
Development Code to provide a definition for the term "less restrictive"
so as to add certainty to the interpretation of the land use and
development regulations and the Charter.
$0
N/A
Ordinance
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Ordinance No. ________ ~
An Ordinance amending the City of South Miami Land Development
Code, Article VI, "Administration and Enforcement," Section 20-6.1,
"Administrative entities," and other applicable provisions, to define the
term "less restrictive" to more accurately determine what voting
requirements apply to City Commission actions to amend land.
development regulations.
WHEREAS, the City regulates development within its boundaries through the Land
Development Code; and
WHEREAS, the City Charter provides in Article II, "City Commission," Section 6,
"Ordinances," Subsection D.l, "Voting Procedure," aJid ''Requirements for Adoption," that:
Except as otherwise provided in this charter, five affirmative votes of the city
commission shall be required to approve the actions indicated below:
To amend land use and development regulations in any manner to make them less
restrictive[; and]
WHEREAS, no definition is provided for the term "less restrictive;" and
WHEREAS, the Land Development Code contains an identical provision m Section 20-
6.1(A)(3)(a), and similarly without a definition for the term "less restrictive;" and
WHEREAS, the City Commission desires to provide a definition for the term "less restrictive"
so as to add certainty to the amendment process for land use and development regulations; and
WHEREAS, upon the recommendation of the City staff and professional consultants, this
amendment provides the appropriate definition; and
WHEREAS, following review, the Planning Board voted to recommend adoption of this
Ordinance after a public hearing, on --,2015, by a vote of~_ to __ ; and
WHEREAS, the City Commission desires to adopt this Ordinance to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. South Miami Land Development Code Article VI, "Administration and Enforcement,"
Section 20-6.1, "Administrative entities," is hereby amended to read as follows:
20-6.1 -Administrative entities.
(A) City Commission.
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(1) Establishment, membership and organization of the city commission shall be in accordance with
the City Charter and the Code of Ordinances of the city.
3 (2) Powers and duties.
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(a) The city commission shall have all such powers and duties as are granted and conferred by
state law, the Code of Ordinances of the city and this Code.
(b) The city commission shall provide for the health, safety, convenience and general welfare
of the citizens of South Miami through the regulations contained in this Code.
(c) The city commission shall receive recommendations from the planning board and the
environmental review and preservation board, and shall be guided by such boards.
(d) The city commission shall act in compliance with and furtherance of the city's adopted
Comprehensive Plan.
( e) The city commission may:
1. Amend the provisions of the adopted Comprehensive Plan and this Code;
ll. Change zoning district boundaries;
111. Authorize home occupational licenses;
IV. Grant variances from the provisions of this Code;
v. Permit the continuation of nonconforming uses;
vi. Authorize special uses; and
Vll. Make fmaljudgment on appeals of administrative decisions.
(f) The city commission shall have the power and the duty to hear and decide the above
matters in accordance with the provisions of this Code.
22 (3) Procedures.
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(a) Voting.
1. Except for those items listed in (ii) and (iii) below, not less than three (3) affmnative
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.
Ill. Five (5) affmnative votes of the city commission shall be required to amend land use
and development regulations in any manner to make them less restrictive. An
amendment is "less restrictive" if anyone of the following occurs:
a) the amendment increases density or building height;
b) the amendment allows lesser setbacks;
c) the amendment allows greater lot coverage than the maximum, or less lot coverage
than the minimum, allowed by existing regulations;
d) the amendment adds to a zoning district a use that has a higher intensity than the
any of the existing uses. The intensity of a use shall be determined by projected
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trip generation rates, as set forth in the Institute of Transportation Engineers, Trip
Generation Manual, last amended edition; or
e) the City Commission determines by three (3) affirmative votes that a proposed
amendment that is not covered by subparagraphs Ca) through Cd) above would
make the land use and development regulations less restrictive.
(b) Public Hearings.
1. 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.
11. 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.
( 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.
(1) Financial Interest.
Section 2.
1. 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.
n. Willful failure to disclose such fmancial interest shall constitute malfeasance in office
and shall render the action voidable by the city commission.
* * *
Codification. The provisions of this ordinance shall become and be made part of the
Land Development Code of the City of South Miami as amended.
Section 3. Severability. 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 or the Guidelines adopted hereunder.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts
of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
Page 3
1 PASSED AND ENACTED this __ dayof ,20_ C))
2 ' -
3 ATTEST: APPROVED:
4
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6 CITY CLERK MAYOR
7 l"Reading
8 2nd Reading
9
10 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
11 LANGUAGE, LEGALITY AND Mayor Stoddard:
12 EXECUTION THEREOF Vice Mayor Harris:
13 Commissioner Liebman:
14 Commissioner Edmond:
15 Commissioner Welsh:
16 CITY ATTORNEY
17 Rev. 12-9-2015
'.,---
Page 4
SUNDAY JANUARY 10 2016
M1AM1HERAlO.cOM
THREE KINGS DAY CELEBRATED
NEIGHBORS I 35SE
Executives from the little Havana Kiwanis helped the Three Wise Men deliver more than
400 toys in little Havana to children of low-income families in three centers around
Miami-Dade County on Wednesday. At right, Adonis Valdez receives his gift and meets the
Three Wise Men during the event. Three Kings' Day is a Christian feast day that celebrates
the visit of the Magi to the Christ child after his birth in Bethlehem.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission ofthe City of South Miami, Florida will conduct Public Hearing(s) at its reb'lliar City Commission meeting scheduled
for Thesday, January 19.2016, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Suns<..1: Drive, to consider the following item(s);
A Resolution authorizing the City Manager to purchase and finance for 5 years NICE Recording System from Word Systems, Inc.
A Resolution approving special exceptions waiving strict compliance with the frontage and setback provisions of the Hometown District Overlay Ordinance for a proposed outbuilding
located at 5800 Sunset Drive.
A Resolution for specia'l use approval to permit an animal hospital/veterinarian at 6396 S. Dixie Highway.
An Ordinance amendiug A11icle .Iv, "Other Regulations," Section 20-4.4, "Off-street parking n~quirements," Subsection (8), "Space Requirements," to create new subsection (8)(17),
to establish a revised parking relJ.uirement for alTordable or workforce housing projects.
An Ordinance amending Chapter 5,Articie 1, of the City_of South Miami's Code of Ordinances by adding Section 5-7, "Retail Sale of Cats and Dogs".
AJI Ordinance amending Section 13-28 of the City of South Miami's Code of Ordinances to provide ~!Uthority to the City Manager to repeal a business tax receipt when the City Manager
determines there is a violation of any applicable statute, ordinance, rule or regulation.
An Ordinance amending the City of South Miami Land Development Code, Article II, "Definitions," Section 20-2.3, "Definitions," to add definitions for "Variety Retail" nnd
"Retail Outlet -Off-Price Retail," mId Article Vll, "Hometown District Overlay Ordinance," Section 20-7.12, Permitted Uses," to provide that such uscs shall not be permitted in the
Hometown Dish'ict Overlay. rAn Ordinance amending the City of So 11th Miami Land Development Code,A11icie VI. "Administration and Enforcement," Section 20-6.1, 'Adminisu'ative entities." and other ap]lliCab~
( pmvisions. to define the term "less resll'ictive" to mote accurately determine what voting requirements apply to City Commission actions to amend land development regulations. ", )
ALL interested parties are invited to attend and will be heard.
For further information. please contact the City Clerk's Office at: 305-663-6340.
Mariu M. Menendez, CMC
City Clerk
PursllanllO florida SllImtcs 286.0105. the City hereby advises HLe public thotifa porwn decides to appeal any decision made by this Board.Agency or Commission with respect to any lH~ttcr considered atits m~ing or~caring.l1c or she
will need a w:ord ofthepnl,eedings. and that [ursneh purpose. :tficctcd person may need tO~LlSUrc tlmt a ~erbalim !Ci:ord of the proceedings is made which [I.'l:oru includes the ~sti1l\oDyand evidcJlcc upon which the appeal is to be based.
MIAMI DAILY BUSINESS REVIEW
Pu bl ish ed Oaily exce pt Satu rday. Sunday and
Lega l Holidays
M iam i, Miami-Dade Cou nty, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
•
Be fo re th e undersigned authori ty per so nall y app ea red
MARI A ME SA , wh o on oath says th ai he or she i s the LE GAL
CLE RK . l ega l Notices of the Miami Da ily Business Review
flkla Miami Re view, a daily (exce pt Satu rday , Su nday an d
l eg al Hol id ays) ne wsp aper, publi sh ed at Miam i in Miam i -Da de
Co unty, Fl orida ; that the att ac hed co py of advertisement ,
being a legal A d vertis e ment o f Notice i n the m atter of
NO TI CE OF PU BLI C HEARIN G
C ITY O F SOUTH MIA MI -JAN . 19,20 16
in th e XXX X Court,
w as pub lished in sai d ne ws pap er in the issu es of
0 1108/20 16
Affiant furth er sa ys that the sai d Miami Da ily Bu si nes s
Review is a newspaper publ ishe d al Miami, in sa id
Miami-D ade County , Fl orida an d Ih al th e said new spape r has
he re lofore bee n co nti nuously pub lished in sa id Miam i -Dade
Counl y, Fl orida ea ch day (e xce pt Saturday , Sun deW an d
legal Holid ays) an d has been ent er ed as sec ond cl ass r:nai l
ma il er al Ihe pos l offi ce in Miami in sai d Mia mi -D ade Coun ty,
Florida , fo r a period of one yea r next prece ding Ihe fi rst
publ ica tion of Ih e a tt ac hed cop y of advertisemenl ; and affia nt
further says that he or s~e has ne ither pai d nor promi sed any
pers on, fir m or corporati on any disco unl , reb ate , commission
or refun d for Ih e pu rpo se of secu ring Ihis advertisem ent fo r
publi catio n in the said n ews
Sworn I scri bed be for e me th is
~O IU
(SEAL)
MARIA ME SA person ally kn own 10 me
.. \, ,
,< NO~:: ~~. =Z~~::: r:=INQ
NOnCE' IS ~ER'EBY ~iven thaOhe '~'ity Comrr)ission of th~ City 'of South
Mlami,·flon da wi ll cor!duCt Public He;:uiog(s) at its regular-City Qommission
meeting 'schedufed fo~ Tuesday, Janu'ary 19, 201'6, beginning' at 7:00 ,p.m.,
in the, City Commission Chambers , 6130 Suns et Drive ; to con sic;ier the jol·
lo wing iter:n{s); . '. ',', ~ ...
. ( ". -.\. . -',
A Resolution authorizing the City Manager to p'urchase and finance for . 5 years NICE Recording ~ystem from Word Systems, Inc. .. -: -" .
A 'Resolutlol) appr.ovl(lg speciat'exceptjOQs walving":~tric t cpmR;lance .
with the fro ntage 'arld '~~tback proVi sipn S lot the Hometown District ,
, Overlay .ordinance f~ a proposeO ' outbu ildi~g -Iocated 'at seOp -Sunset Drive.·~ . ,~" ,;) '", .... -, . " I , . _.
A Resolution for special use approval '" to Rermit --an anirn81
hospitaVvet9{inarian at 6396 S. 'Di xie Highway. ~,
-• .., .-<-'"
.;, An O~dinance ameriding Article iv, ·rnH~ Regulations,'" 5ectioO -20'!4 ,4,'
-Off-str.;tet;" park ing requirements,· Subs6ct fon {B}, "Space R~uire·
'\ ments,·-to creale new subsect lon (BXF), tt? 9$tabllsh .i\\revj~ed pa:r1<ing -
'r~u1remenJ!9 r affordab le or workforce hou slngprojects, .
'!:~ _ I.' -.p . r,_ -.-r
,An' Oid jnance amenping .Chapter 5, Article 1, of Jhe CltY ot" South Miami's
, ; . Code-o,f Ord ioa(lCes by add ing Section 5:7, 'Retail Sale Of 'C:at~ and,Dogs -,
L"'· . . , , " .. ,.", ,. . 0' ,(-~Y, ""."" • !:f ,f;'~ ~. A ~ br~i(lan~ ain;o(jinQ Seeti ~~ 13·28 of ,the City ,of South Miarni 's~
Gode of Or8inarices to' provide "iI.1Jthority to the CitY~,Manager to"'repeal
a bUsiness tax rece ipt When the Glty 'Manager defermines l there is a
.... ;. via-Iation ~~"'c:u:'Y'lIPP\icable .st~~~t~, ori:liDM ce,-rule or regulation, :;t;. .
-;-.-" t: .:. ~ 'f~ , ,-. ~ ~. ~ I.~· '.":
1 ~ Ord jpaoce 8fOending l,.the .~ity oJ ~h .,Miallli DiQd Deveio~.rnent
! Code. ft,.'rticfe II , "Defin Itions,· Se'etlon 20-2 .3;'·.pefi!1.iti ons,~'to ada .def-
'.initldns 'forY Variety Retail ~ ·and ' "Retail <Mlet \· Off-Price Retajl;~ anp
L-.Article :Vil ; .:rHornetown Districtr Oveflay Ordinaoce~~ Section 20~7.12,
. f?ermitt!Ki Uses: to provide tpat. slJch uses J)h~1I not !>e""P43!Qlitted in
the Homet9wfj District OVerlay. :-., ',.' ,~.'
-0:: . '. c"-'> .' • ...
~An Ord inance arn¢nding ~the City of South Mlam l ~l De~e!OPrT)eQ~
. Code, AI1!9Le VJ . ·Admin~strati(:lIi and Enfor9~.ment,· q~tion ,'20-6.1,
o .• Adm inistrp,t lVe en.tru es,· and other applicable j:>rovisIOriS"to define the
,,-tenn ~Ie~s restrictive " to. more !accural~ly deter(l1ine. J wha t vcit jng re ~:
quir~ments apply!6 City Comml~16n 891ions Jo amana land de'Jel op-, .
. ment .regulation ~, _' ,~,~ .' ..;F" .l ... l~..· 1
ALl. ~terested p~~~~ are inv,t~ to a~end aQit' wl1l'be heW:7 '?f., .
, '.'j ." ,,' l'ff. ~:.& )'
For further information. please c6ntact the qty ClErK's OffICe at: 305 -~.
. • • .... ", '. ,_ .-..... ,1-]1( .' _ .' .1, -,,:;; • it
~ . .. n Maria M. ~f}nendez, C~C
'" .. ,1'( .:' • CitfClett . '{ ~ 4 •
. Puisu~~t to florida S!at~es 286 .0105, the City,~8reby !ldvi~es .tM pUp llc
Ihat if a pe~on decldesJo apPeal any decision mad,e by this Board, Agency
or Corpmlssion with resp ec t to any {TIatter col1sidered at 'its m6jtting or.
heating ', he or she will n~ a record . of fhe proceeding.s, ~nd .that for such
purpose, affected !;larson may need. to ensure that a verbatim 'r~brp of Ihe
"Pfoceedings _ is :made . ..yhich record includ es the testim ony and ~v~en g e
'upon which tlle appeal is to be based. '.' "
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