11THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
The Honorable Mayor & Members of the City Commission
Steven Alexander
Agenda Item No.:iL August 2, 2016
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:
AMOUNT:
ACCOUNT:
ATTACHMENTS:
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
1 Ordinance No.
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2 An Ordinance amending the Land Development Code, Article VI, Section 20-6.1, and
3 other-applicable provisions, to define the term "less restrictive" as it applies to the voting
4 requirements of the City Commission.
5 WHEREAS, the City regulates development within its boundaries through the Land
6 Development Code; and
7 WHEREAS, the City Charter provides in Article II, "City Commission," Section 6,
8 "Ordinances," Subsection D.1, "Voting Procedure," and "Requirements for Adoption," that:
9 Except as otherwise provided in this charter, five affirmative votes of the city
10 commission shall be required to approve the actions indicated below:
11 To amend land use and development regulations in any manner to make them less
12 restrictive; and
13 WHEREAS, no definition is provided for the term "less restrictive;" and
14 WHEREAS, the Land Development Code contains a similar provision III Section 20-
15 6.1(A)(3)(a), and similarly without a definition for the term "less restrictive"; and
16 WHEREAS, the City Commission desires to provide a definition for the term "less restrictive"
17 so as to add certainty to the amendment process for land use and development regulations; and
18 WHEREAS, upon the recommendation of the City staff and professional consultants, this
19 amendment provides the appropriate definition; and
20 WHEREAS, the Planning Board shall review and make a recommendation prior to enactment of
21 this ordinance; and
22 WHEREAS, the City Commission desires to adopt this Ordinance to accomplish the above
23 objectives.
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
25 OF THE CITY OF SOUTH MIAMI, FLORIDA:
26 Section 1. South Miami Land Development Code Article VI, "Administration and Enforcement,"
27 Section 20-6.1, "Administrative entities," is hereby amended to read as follows:
28 20-6.1 -Administrative entities.
29 (A) City Commission.
30 (1) Establishment, membership and organization of the e.Gity e.Gommission shall be in accordance
31 with the City Charter and the Code of Ordinances of the e.Gity.
32 (2) Powers and duties.
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(a) The eQity eQommission shall have all such powers and duties as are granted and conferred
by state law, the Code of Ordinances of the eQity and this Code.
(b) TheeQity e~ommission 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 e~ity e~ommission shall receive recommendations from the planning board and the
environmental review and preservation board, and shall be guided by such boards.
(d) The e~ity e~ommission shall act in compliance with and furtherance of the e~ity's adopted
Comprehensive Plan.
(e) The e~ity e~ommission may:
1. Amend the provisions of the adopted Comprehensive Plan and this Code;
11. 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 final judgment on appeals of administrative decisions.
(f) The e~ity e~ommission shall have the power and the duty to hear and decide the above
matters in accordance with the provisions of this Code.
19 (3) Procedures.
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(a) Voting. All ordinances and resolutions that require more than one reading for passage or
enactment shall be passed on first reading by a majority vote.
i. Except for those items listed in (ii) and (iii) below, not less than three (3) affirmative
votes of the eQity e~ommission shall be required to pass or enact an agenda
item.
11. With the exception set forth below in (iii) four (4) affirmative votes of the e~ity
e~ommission shall be required for final approval of a change to the adopted
Comprehensive Plan, a rezoning, a variance, a special use, a special exception, or a
planned unit development.
iii. Five (5) affirmative votes of the eDty e~ommission shall be required to enact an
amendment to 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, floor area ratio 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 a use to a zoning district that has a higher intensity than any
of the existing uses. The intensity of a use shall be determined by projected trip
generation rates, as set forth in the Institute of Transportation Engineers, Trip
Generation Manual, last amended edition;
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(e) where the subject of an amendment to the land use and development regulations is
limited to two or more lots, plots, or parcels of land that are under the same unified
control and that are part of a PUD or similar City-approved master planned and
unified" development site, the amendment shall not be deemed· to ·be "less
restrictive," even if it falls within subsections (3)(a) iii. (a) or (c) above (but
excluding subsections (3)(a) iii. (b) or (d), if it allows for development to be
internally shifted from one or more lot, plot, or parcel to others within the PUD,
master or unified development site, provided that the overall development intensity
remains within the scope of previous City-issued development orders, City
development agreements or City Commission or board approvals; or
(f) the City Commission determines by three (3) affirmative votes that a proposed
amendment that is not covered by subparagraphs (a) through (e) above, would
require that the amendment to the land use and development regulations to be
treated as less restrictive.
(b) Public Hearings.
1. The eQity eQommission 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 eQity eQommission may defer action on any application or other matter before it, for
cause, for a reasonable period of time.
(d) The eQjty eQommission 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.
1. Any member of the eQity eQommission 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.
11. Willful failure to disclose such financial interest shall constitute malfeasance in office
and shall render the action voidable by the city commission.
* * *
41 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
42 Land Development Code of the City of South Miami as amended.
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1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
2 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
3 the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder.
4 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts
5 of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
24 Rev. 7-21-2016
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