11THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
VIA: Steven J. Alexander, City Manager
FROM: Jane K. Tompkins,AICP, Planning Director
Date: November 1, 2016
SUBJECT:
Agenda Item No.:L
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.
BACKGROUND:
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 ", "City
Commission/, Section 6, "Ordinances/' Subsection D.1, "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[.]"
The Land Development Code contains a similar provision in Section 20-6.1(A)(3)(aL yet neither
document contains a definition for the term "Iess restrictive".
ANALYSIS:
Without a definition of "Iess restrictive", the determination of whether a particular amendment
requires a unanimous vote may be subject to conflicting opinions and interpretations. The
proposed Ordinance provides an appropriate and objective definition that will add certainty to
future amendments to the land use and development regulations.
Definition of Less Restrictive Text Amendment
November 1, 2016
Page 2 of 3
Section 20-6.1(A)(3)(a) would be amended to read as follows:
*****
(3) Procedures.
*****
(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 e~ity e~ommission shall be required to pass or enact an
agenda item.
(ii) With the exception set forth below in (iii), four (4) affIrmative votes of the eCity
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 e~ity 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;
(e) a proposed amendment to the land development code may apply to multiple
lots owned by the same person and part of a PUD or other combined planned
parcel. In that case the amendment will not be less restrictive if it moves floor
area from one part of the property to another. This applies only if setbacks are
not reduced and more intense uses are not added. However, it still applies (not
less restrictive) even with increases in density, floor area ratio or height, and
changes in lot coverage, if the total floor area is not more than that granted in
prior City orders, agreements or approvals;
(t) The City Commission determines by three (3) affIrmative votes that a
proposed amendment 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.
The proposed ordinance also corrects several capitalization mistakes.
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C:\Users\mga rcia.CSMl \AppData \Local\Microsoft\ Windows\ Temporary Internet Files\Content.Outlook\XV4M9TZC\PB-16-027 Less Restrictive
Definition Text Amendment Memo.docx
Definition of Less Restrictive Text Amendment
November 1, 2016
Page 3 of 3
PLANNING BOARD RECOMMENDATION:
After reviewing and holding a public hearing on the item on September 13, 2016, the Planning
Board recommended approval of the ordinance as amended by a vote of 5-1. The motion also
included an urgent recommendation that the Commission reconsider the five vote requirement
in the charter at some point in the future.
RECOMMENDATION:
The City Commission approved the ordinance on first reading on August 2, 2016. Since then,
staff has refined the wording and recommends approval of the ordinance with the following
changes:
1. Section 20-6.1(A)(3)(a)(ii) should be amended as follows:
With the exception set forth ~lQ\'1 in (Iii} bero~, four (4) affirmative votes of the
eQity eQommission 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.
2. Section 20-6.1(A)(3)(a)(iii)(a) should be amended as follows:
(a) the amendment increases density~ilrten.-~~hi floor area ratio or building height;
3. Section 20-6.1(A)(3)(a)(iii)(e) should be amended as follows:
a proposed amendment to the land development code may apply to multiple lots
owned by the same person br entihj
4. Section 20-6.1(A)(3)(a)(iii)(e) lines 2 and 3 should be amended as follows:
the words "combined/planned parcel" should be changed to "City-
approved combined or planned parcel".
5. Section 20-6.1(A)(3)(a)(iii)(e) should be amended as follows:
However, it still applies (~ not less restrictive) even with increases in density,
!!i[ens1!YJ floor area ratio or height, and changes in lot coverage,
The Planning Board's recommendation for approval included these amendments. It is
recommended that the City Commission approve the ordinance on second reading.
Attachments:
1. Draft Ordinance as approved on First Reading
2. Draft Ordinance with Staff recommended changes
3. Excerpt of Planning Board meeting minutes
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C:\Users\mgarcia.CSM1\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\XV4M9TZC\PB-16-027 Less Restrictive
Definition Text Amendment Memo.docx
1 Ordinance No. ------------------
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 Adoption," that:
9
10 -
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Except as otherwise provided in this charter, five
commission shall be required to approve the actions indicated
To amend land use and development Iv~;U1<lU,'"
restrictive; and
WHEREAS, no definition is provided for the
WHEREAS, the Land
6.1(A)(3)(a), and similarly withou
so as to add certainty
city
III Section 20-
for the term "less restrictive"
regulations; and
and professional consultants, this
make a recommendation prior to enactment of
... ",,,,r,,,,, to adopt this Ordinance to accomplish the above
ORDAINED BY THE MAYOR AND CITY COMMISSION
Section 1. Development Code Article VI, "Administration and Enforcement,"
Section 20-6.1, "Administfa1:ive 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 eCity e~ommission shall be in accordance
31 with the City Charter and the Code of Ordinances of the e~ity.
32 (2) Powers and duties.
Page 1
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(a) The eQity eQ,ommissi,on shall have all such p,owers and duties as are granted and c,onferred
by state law, the C,ode ,of Ordinances ,of the eQity and this C,ode.
(b) The eQity eQ,ommissi,on shall pr,ovide f,or the health, safety, c,onvenience and general
welfare ,of the citizens ,ofS,outh Miami thr,ough the regulati,ons c,ontained in this C,ode.
(c) The eQity sQ,ommissi,on shall receive rec,ommendati,ons fr,om the planning b,oard and the
envir,onmental review and preservati,on b,oard, and shall be guided by such b,oards.
(d) The eQity sQ,ommissi,on shall act in c,ompliance with and furtherance ,of the sQity's ad,opted
C,omprehensive Plan.
(e) The eQity sQ,ommissi,on may:
(f)
i. Amend the pr,ovisi,ons ,of the ad,opted C,omplretlen~
ii. Change z,oning district b,oundaries;
iii. Auth,orize h,ome ,occupati,onallicenses;
iv. Grant variances fr,om the provisi,ons
v. Permit the c,ontinuati,on,of
vi.
vii.
and decide the ab,ove
51 (3) Pr,ocedures.
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(a) m,ore than ,one reading f,or passage Dr
v,ote.
and (iii) bel,ow, n,ot less than three (3)
~lnmlE;slOln shall be required t,o pass Dr enact an
in (iii) f,our (4) affirmative v,otes ,of the sQity
required f,or fmal approval ,of a change t,o the ad,opted
reZOllllnj1;, a variance, a special use, a special excepti,on, Dr a
v,otes ,of the eQity sQ,ommissi,on shall be required t,o enact an
land use and devel,opment regulati,ons in any manner t,o make them
An amendment is "less restrictive" if any ,one ,of the f,oll,owing
(a) the amendment increases density, fl,o,or area rati,o Dr building height;
(b) the amendment all,ows lesser setbacks;
(c) the amendment all,ows greater l,ot c,overage than the maximum, Dr less l,ot
c,overage than the minimum, all,owed by existing regulati,ons;
(d) the amendment adds a use t,o a z,oning district that has a higher intensity than
any ,of the existing uses. The intensity ,of a use shall be determined by
projected trip generati,on rates, as set f,orth in the Institute ,of Transp,ortati,on
Engineers, Trip Generati,on Manual, last amended editi,on;
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(e) a proposed amendment to the land development code may apply to
multiple lots owned by the same person and part of a PUD or other combined
planned parcel. In that case the amendment will not be less restrictive if it
moves floor area from one part of the property to another. This applies only if
setbacks are not reduced and more intense uses are not added. However, it still
applies (not less restrictive) even with increases in density, floor area ratio or
height, and changes in lot coverage, if the total floor area is not more than that
granted in prior City orders, agreements or approvals.
(f) the City Commission determines by three (3) affirmative votes that a proposed
(b) Public Hearings.
1. The eQity eQommission shall hold public hearings
ii.
Comprehensive Plan, amending
uses, approving special exce . ns,
uses. All other items shall not
(c) The eQity eQommi
cause, for a reasonab
other matter before it, for
(d)
(e)
the planning board or the
further consideration and
the planning board has been acted
to pass, such proposed change, in the same or
the commission for a period of at least one (1)
!lfex.cel,t in which case reconsideration is possible after
Lau .. ,,.,,, ... for the prior hearing at the request of the majority
eQity eQommission who has a special financial interest, direct or
matter shall make that interest known and shall abstain from
ii. to disclose such financial interest shall constitute malfeasance in office
and shall render the action voidable by the city commission.
* * *
111 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
112 Land Development Code of the City of South Miami as amended.
113 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
114 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
115 the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder.
Page 3
116 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts
117 of sections of ordinances in direct conflict herewith are hereby repealed.
118 Section 5. Effective Date. This ordinance shall become effective upon enactment.
119
120 PASSED AND ENACTED this __ day of _____ , 2016.
121
122 ATTEST: APPROVED:
123
124
125 CITY CLERK MAYOR
126 1 st Reading
127 2nd Reading
128
129 READ AND APPROVED AS TO FORM:
130 LANGUAGE, LEGALITY AND
131 EXECUTION THEREOF
132
133
134
135 CITY ATTORNEY
136 Rev. 9-9-2016
Page 4
1 Ordinance No. -------------------
2 An Ordinance amending the Land Dt:welopment 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 ofthe 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 Co
8 "Ordinances," Subsection D.l, "Voting Procedure," and "Requirements for Adop
9 Except as otherwise provided in this charter, five
10 commission shall be required to approve the actions indicated
11
12
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14
15
To amend land use and development regulations in any
restrictive; and
WHEREAS, no definition is provided for the term "
WHEREAS, the Land Development Code
6.l(A)(3)(a), and similarly without a definition for the
Section 6,
them less
in Section 20-
16
17
WHEREAS, the City Commission de
so as to add certainty to the amend
efinition for the term "less restrictive"
development regulations; and
18 WHEREAS, upon the re
19 amendment provides the appropria
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25
WHEREAS, the PI
OFT
City staff and professional consultants, this
view and make a recommendation prior to enactment of
sion desires to adopt this Ordinance to accomplish the above
IT ORDAINED BY THE MAYOR AND CITY COMMISSION
26 iami Land Development Code Article VI, "Administration and Enforcement,"
27 '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 eCity eQommission shall be in accordance
31 with the City Charter and the Code of Ordinances of the eQity.
32 (2) Powers and duties.
Page 1
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(a) The e~ity e~ommission shall have all such powers and duties as are granted and conferred
by state law, the Code of Ordinances of the e~ity and this Code.
(b) The e~ity 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 Co
ii. Change zoning district boundaries;
iii. Authorize home occupational licenses;
IV. Grant variances from the provisions ofthis Code;
v. Permit the continuation of nonconforming uses;
vi. Authorize special uses; and
vii. Make fmal judgment on appeals of a
(f) The ~ity e~ommission shall have th
matters in accordance with the pro
ty to hear and decide the above
51 (3) Procedures.
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(a) Voting. t require more than one reading for passage or
enactment shall be passe· a majority vote.
(i) Except for
affirmative
in (ii) and (iii) below, not less than three (3)
'ty e~ommission shall be required to pass or enact an
forth Belew in (iii) below, four (4) affirmative votes of the
shall be required for final approval of a change to the adopted
Plan, a rezoning, a variance, a special use, a special exception, or a
votes of the e~ity e~ommission shall be required to enact an
to land use and development regulations in any manner to make them
ss restrictive. An amendment is "less restrictive" if anyone of the following
(a) the amendment increases density, intensity, 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;
Page 2
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(e) a proposed amendment to the land development code may apply to
multiple lots owned by the same person or entity and part of a PUD or other
City-approved combined or planned parcel. In that case the amendment will
not be less restrictive if it moves floor area from one part of the property to
another. This applies only if setbacks are not reduced and more intense uses
are not added. However, it still applies (is not less restrictive) even with
increases in density, intensity, floor area ratio or height, and changes in lot
coverage, if the total floor area is not more than that granted in prior City
orders, agreements or approvals.
(f) =-==,-=-,====-===~=~..<--====
treated as less restrictive.
(b) Public Hearings.
(c)
i. The eQity eQommission shall hold public
Comprehensive Plan, amending the text of
uses, approving special exceptions,
uses. All other items shall not require a
ii. Actions upon site plans, variances,
nonconforming uses, special exce
other actions shall be by ordina
U''''I,~UU'5 the adopted
special
~mlitting nonconforming
COlTImllSSIOn action.
planned unit developments,
shall be by resolution. All
plication or other matter before it, for
(d) The eQity eQommi back to the planning board or the
for further consideration and
(e)
environmental review
recommendation.
*
. ing ~ ,lic hearing before the planning board has been acted
~ ied or failed to pass, such proposed change, in the same or
sidered by the commission for a period of at least one (1)
such action except in which case reconsideration is possible after ~ate established for the prior hearing at the request of the majority
of the eQity eQommission who has a special financial interest, direct or
any matter shall make that interest known and shall abstain from
"i""tir\n therein in any manner.
Willful failure to disclose such financial interest shall constitute malfeasance in office
and shall render the action voidable by the city commission.
* *
112 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
113 Land Development Code of the City of South Miami as amended.
Page 3
114 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
115 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
116 the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder.
117 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts
118 of sections of ordinances in direct conflict herewith are hereby repealed.
119 Section 5. Effective Date. This ordinance shall become effective upon enactment.
120
121 PASSED AND ENACTED this __ day of _____ , 2016.
122
123 ATTEST: APPROVED:
124
125
126 CITY CLERK MAYOR
127 1 st Reading
128 2nd Reading
129
130 READ AND APPROVED AS TO FORM:
131 LANGUAGE, LEGALITY AND
132 EXECUTION THEREOF
133
134
135
136 CITY ATTORNEY
137 Rev. 9-9-2016
Page 4
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, September 13, 2016
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj
$500.00 and an additional $100 for each additional issue. This applies persons who are retained with or
without compensation to influence any action, decision, with the city, including the
city manager, city attorney, department heads, city personnel, or of the city commission or members oj
any city board, concerning a matter that could foreseeably be city commission or a city board. There
are some exceptions and exemptions. The following are be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present information at public meetings,
representatives of a neighborhood association of a not-for-profit
community based organization for the purpose influence without special
compensation.
Individuals who wish to view or liste
meeting can be found on the city's we
I. Call to Order
II. Roll Call
City Staff Absent: N
City Attorney: Mr. Thomas Pepe
III. Administrative Matters
of the
r. Greiner (Chairman), Ms. Fischer (Vice-
Tompkins (Planning Director), Mr. Marcus Lightfoot (Senior
ry Held (Land Use Attorney).
Mrs. Tompkins asked the Board if they would like to reschedule the October 11, 2016 Planning
Board meeting since it fell on a Jewish holiday. After a discussion, the Board decided to not
reschedule the meeting. It will be held on the regular scheduled date of October 11, 2016.
1
Mrs. Tompkins informed the Board that an introductory workshop has been scheduled for the
LDC/Comp Plan project that the City has initiated. She also informed the Board that it is scheduled
for Thursday, October 6, 2016 at 7pm.
Mr. Greiner informed the Board that on Saturday, October 1, 2016, the Sea Level Solutions Center.
at FlU along with the City of South Miami will be hosting a community conversation on climate
change and sea level rise.
Ms. Fischer informed the Board that the University of Miami will be hosting a webinar on sea level
rise.
IV. Public Hearings
1. PB-16-027
Applicant: City of South Miami
An Ordinance amending the Land
applicable provisions, to define the
requirements of the City Commission.
Ms. Fischer read the item into
Mrs. Tompkins deferred to Mr.
Mr. Greiner
four-fifth votes
but
20-6.1, and other
ies to the voting
rsome. He stated that requiring
d comp plan amendments is understandable,
excessive and bad public policy. Mr. held
in both the Charter and LDC for the City. He
context of the review/rewrite of the Land
then like a five-fifth vote to spot zoning. A reasonable
that 20-6.1(A)(3)(ii) of the LDC should just read that:
votes the City Commission should be required for final
the adopted Comprehensive plan Rezoning, Variance,
U"DJnTIr,n or Planned Unit Development. /I
Mr. Basu asked if re any other municipalities that require five-fifth vote, of which Mr.
Held responded yes. The City of Miami Beach has it for some of their decisions.
Ms. Glavey stated that she agrees with the comments made by Mr. Greiner and that this type of
change should during the process of amending the LDC and Comp Plan. Mr. Pepe stated the
five-fifth vote is currently in the City's Charter as well and requires a referendum vote to ch~nge
the requirement. He then stated that one of the commissioners tried to get the item on the
ballot but was unable to do so. Because of that, you can't change the LDC without changing the
Charter.
2
Ms. Glavey asked if there has been a problem with disputes regarding less-restrictive items, of
which Mr. Held stated yes.
Ms. Fischer asked Mr. Held who directed him to work on this item. Mr. Held responded that he
works at the request of the either the City Manager or the City Manager. Mr. Pepe stated that
you have to look back at who sponsored the item.
Motion: Mr. Greiner moved to allow Vice Mayor Welsh to speak before the Planning Board. The
motion was seconded by Ms. Kahn.
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Mr. Melow: Yes
Ms. Fischer
which sates:
the floor height
d incorporate a
nager to look
ize of delivery trucks, of which Vice
an entry of 15-16 feet would be
ind raising the height of the
res this type of vote. Mr. Held
the trip generation rate and was working
neration tends to estimate that there are more vehicles
be more restrictive. The Board then held a discussion on
IrOI=IOSE~d ordinance is in conflict with Section 20-1.9(A) of the LDC
"Ordinary Meaning. Words shall be given their ordinary and common
meaning, and where a word or words may be interpreted in more than
one manner, the more restrictive meaning shall apply."
Ms. Fischer then stated that the language in the proposed ordinance was extraneous and was
not necessary. She then suggested that the item be tabeled so that it could be fully reviewed.
The Chairperson opened the floor to public comments on P8-16-027.
3
V.
• None at this Time
The Chairperson closed the floor to public comments on PB-16-027.
Motion: Ms. Fischer moved to deny PB-16-027.
Mr. Greiner asked if a five-fifth vote would be required during the revision of the LDC, of which
Mr. Pepe stated yes. Any part that becomes less restrictive will require a five-fifths vote to be
adopted. Mrs. Tompkins added that the LDC could be voted on in sections.
There was no second. The motion dies due to lack of a se
Motion: Mr. Basu moved to approve PB-16-027 asp
There was no second. The motion dies due to
Ms. Fischer stated that this ordinance
that could contest this ordinance.
There could be citizens
ic comments and any new business.
No comments from t
New Business Section
No New Business from the Board
The Chairperson closed the floor to public comments and any new business.
and urgent
the charter at
VI. Approval of the Minutes
1. Planning Board Minutes of August 9, 2016:
4
Motion: Mr. Basu moved to approve the meeting minutes with changes. Ms. Glavey seconded
the motion.
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Mr. Melow: Yes
VII. Future Meeting Date:
A) October 11, 2016 at 7:00 P.M.
VIII. Adjournment
Mr. Greiner adjourned the meeting at 8:55 P.
5
8SE I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICR IS HRRRIIY given lhal Ihe City Commission of the Cily of Soulh Miami. Florida
\\'ill conduct Puhlic Hefll'ing(s) at its J'l'gular City Commi."isioll meeting scheduled felT Tue"day.
N(lVemher 1. 2016. heginning at 7:00 p.m., in the City Commission Chamhers, 6130 SUllset Drive,
to consider the following item(s);
A Resolution approving a "pedal usc iLl permit (l fraternal organization/private club at 6304
SW 78 Slree!.
An Ordinance vacating and abandoning H portion of S\V S2 Street more fully described in a
legal dcst:ription herrin. subject to certain i..\lllditions, in!.:luding the pn~servalion of an easement.
(
An Ordinance amending the Land Developmelll Code, Anicle VI, Seclion 20-6.1. and \11he10
applit:ahle provisions, to delinc the term "less restrictive" as it applies to the voting requin~ml'nts
of the City Cummission,
An Ordinante amending Ihe Land Developmelll Code, Anicl,' Ill. Sections 20-3.4 to add
condilioJ}<; to protect the health. safely and wclhnc of residential disllit:ls and change the
requiremcnts for the special use C1pprovlll of fratcmal organizalioJl') and private cluhs and
amend thdr parking requircmel1t~ in ~ec1i{)n 20 w 3.3 (If the LDC.
ALL interested parties are invited to attend and will he heard.
For further information. pleas" colllact Ihc Cily Clerk's Olliee al: 305-663-6340.
Maria M. Mencndez, CMC
Cily Clerk
Pur~U:1ll1 II' Florjlh Slalll1~s 1}t6.f!JO:,), th~ Cily h~fl!t.y 'lt1\,j~l'~ IIlI! put-Hc that if H 11\!f~I'1l Jecilh:.~ h\ appl':11 any ,ll'CiSl"ll m!ldc loy
!hi~ BOi!ld Agem:y \11 COlllIllIS~Wll wilh resp"'!!o ;my m:lttcl ~'I'JHldercd at Jt~ mcclin~ ('f hcruillg. hl' Of ~h{' willnccd fI rC~l'ld
ul lh~' pwn'\'ding~. :lnd th:l1 h.:r ~\lch p\lrpl.~e. <10('(:1('11 pl'r.~I'il m,IY m~(~d III t'n~uri! thtll il \'crl'>,I!lm ren'nlllj thc pH'cecdin!!, is
made whkh r~'L'l'tll indU{It'~ Ihl' !~'~llfl)(lny ami {'ViUCllC{'UPOIl whkh lh~' 1\1'111.",\115 \I' PC ha~cJ
./ Extended Hours
./ Insurances Accepted
.( Financing Available
.( Multilingual Staff
.(Sedatit)n Available
.( In-House SpeCialists
I SUNDAY OCTOBER 232016
MIAMIHERAlD.COM
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami.Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA,whoon oath says that heor she istheLEGAL
CLERK,LegalNoticesoftheMiamiDaily Business Review
f/k/a Miami Review,adaily(exceptSaturday.Sundayand
Legal Holidays)newspaper,published atMiamiin Miami-Dade
County,Florida;thattheattachedcopyofadvertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-NOV.1.2016
in the XXXX Court,
was published in said newspaper inthe issues of
10/21/2016
Affiant furthersaysthatthesaid Miami Daily Business
Reviewisanewspaperpublishedat Miami,insaid
Miami-Dade County.Florida andthatthesaid newspaper has
heretoforebeencontinuouslypublishedinsaidMiami-Dade
County,Florida eachday (except Saturday,Sunday and
LegalHolidays)andhasbeen entered as second class mail
matteratthepost office in Miami insaid Miami-Dade County,
Florida,fora period ofoneyearnext preceding the first
publication oftheattachedcopyofadvertisement;and affiant
further saysthatheorshehas neither paid nor promised any
person,firmorcorporationanydiscount,rebate,commission
or refund fo^h^^urposeJoEseguring this advertisement for
publicatiorfin the saigXewspaper.
(SEAL)^VTHOA^V
MARIA MESA personally known to me <>..\\Jqc^''.\
$/cVb6f<?£tS\\
CO .j.—:*=
-O/.#FF 034747 :csr?
'',?>...•.,o»^0"
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given thatthe City Commission ofthe City of South
Miami,Florida will conduct Public Hearing(s)atits regular City Commission
meeting scheduled for Tuesday,November 1,2016,beginning at 7:00 p.m.,in
the City Commission Chambers,6130Sunset Drive,toconsiderthe
followingitem(s):
AResolution approving a special usetopermitafraternal
organization/private clubat6304SW78Street.
AnOrdinancevacatingandabandoningaportionofSW82Street
more fully described ina legal description herein,subject to certain
conditions,includingthepreservationofan easement.
An Ordinance amending theLandDevelopmentCode,Article VI,
Section20-6.1,andotherapplicableprovisions,todefinetheterm
"less restrictive"asitappliestothevotingrequirementsofthe City
Commission.
An Ordinance amending theLandDevelopmentCode,Article III,
Sections 20-3.4toadd conditions toprotectthehealth,safetyand
'welfareofresidentialdistrictsandchangetherequirementsforthe
specialuse approval of fraternal organizations and private clubsand
amendtheirparkingrequirementsinsection20-3.3ofthe LDC.
ALL interestedpartiesareinvitedtoattendand will beheard.
Forfurther information,pleasecontactthe City Clerk's Office at:305-663-6340.
Maria M.Menendez,CMC
CityClerk
PursuanttoFlorida Statutes 286.0105,theCityherebyadvisesthepublic
thatifaperson decides toappealanydecisionmadebythisBoard,
Agency or Commission with respecttoanymatterconsideredatits
meeting or hearing,heorshe will needa record ofthe proceedings,and
thatforsuch purpose,affected personmayneedtoensurethata verbatim
recordoftheproceedingsismade which record includes the testimony
andevidenceuponwhichtheappealistobebased.
10/21 16-90/0000163922M