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16THE 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 8, 2016 SUBJECT: Agenda Item No.: 110 An Ordinance amending the City of South Miami Land Development Code, Article VI, II Administration and Enforcement," Section 20-6.1, II Administrative entities," and other applicable provisions, to define the term "Iess 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 II, "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)(a), yet neither document contains a definition for the term "less restrictive". ANALYSIS: Without a definition of "less 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 8, 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,City e,Commission shall be required to pass or enact an agenda item. (ii) With the exception set forth pelO~yjl1(iii)below, four (4) affirmative votes of the e,City e,Commission 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,City e,Commission 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, intensitY, floor area ratio or building height; (b) the amendment allows lesser setbacks brblii1diftgsepar~tiofirequire1Uen.tS; (c) the amendment allows greater b-aildingoriiIlpervious 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 ){the:Ciffcdirlinissi 011.' cleterminesbythre~ (3 )affltIDafivevotes'ffiht'flpfov6sed an1~ndm~nt;is;rioFco'{7'eied;by.subpaiagfllph~>(h)·thiough'>(d)'iah6V&"be>ti'<fMed ~sle§~rI"~~ffi6iive: ' "', (iW····· '};ii~i~;i~ff~~~E~~~l~~~i'~I~i~~~~i'~~~ The proposed ordinance also corrects several capitalization mistakes. JKT Z:\Commission Items\2016\11-15-2016\PB-16-027 less Restrictive Definition Text Amendment Memo 110816.docx Definition of Less Restrictive Text Amendment November 8, 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 by a vote of 5 ayes to 1 nay. 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 that time, staff has refined the wording (as indicated above by the highlighted text) and removed a paragraph regarding amendments that pertain to two or more lots. It is recommended that the City Commission approve the revised 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 JKT Z:\Commission Items\2016\1l-15-2016\PB-16-027 Less Restrictive Definition Text Amendment Memo l10816.docx 1 Ordinance No. _~ ______ _ 2 An Ordinance amending the Land Development Code, Article VI, Section 20-6.1, and 3 "otlierapplicable-provisions;to-defineiheterm"less restrictive';-as-Happlies-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.l, "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 m 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 m Section 20· 15 6.l(A)(3)(a), and similarly without a defmition for the term "less restrictive"; and 16 WHEREAS, the City Commission desires to provide a definitionJor 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. 3 a (1) Establishment, membership and organization of the eQity 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (a) The 6~ity 6~ommission shall have all such powers and duties as are granted and conferred by state law, the Code of Ordinances of the 6~ity and this Code. (b). The-6~itye~ommission shall-provide for-the health,-safety, convenience and general welfare ofthe citizens of South Miami through the regulations contained in this Code. (c) The 6~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; ii. 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; 15 VI. Authorize special uses; and 16 VB. Make final judgment on appeals of administrative decisions. 17 (f) The e~ity e~ommission shall have the power and the duty to hear and decide the above 18 matters in accordance with the provisions of this Code. 19 (3) Procedures. 20 (a) Voting. All ordinances and resolutions that require more than one reading for passage or 21 enactment shall be passed on first reading by a majority vote. 22 i. Except for those items listed in (ii) and (iii) below, not less than three (3) affirmative 23 votes of the eQity e~ommission shall be required to pass or enact an agenda 24 item. .25 26 27 .. 28 29 30 31 32 33 34 35 36 37 38 39 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 spechil use, a special exception, or a planned unit development. iii. Five (5) affirmative yotes of the e~ity eQommission 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 lotcoverage 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 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 (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 un'ified -development 'site, the-amendment' snaUiioC oedeemed 'to Hbe ('less restrictive," even if it falls within subsections (3)(a) iii. (a) or (c) above (but excluding subsections (3)(a) iii. Cb) or Cd), 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 eQity 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 (l) 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. ii. 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. Page 3 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 .validityof 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 Page 4 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.l, "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. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (a) The e.Gity e.Gommission shall have all such powers and duties as are granted and conferred by state law, the Code of Ordinances of the e.Gity and this Code. (b) The e.Gity e.Gommission 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.Gity e.Gommission shall receive recommendations from the planning board and the environmental review and preservation board, and shall be guided by such boards. (d) The e.Gity e.Gommission shall act in compliance with and furtherance ofthe e.Gity's adopted Comprehensive Plan. (e) The e.Gity e.Gommission may: 1. Amend the provisions of the adopted Comprehensive Plan arid this Code; 11. Change zoning district boundaries; 111. Authorize home occupational licenses; IV. Grant variances from the provisions ofthis Code; v. Permit the contiilUation of nonconforming uses; V1. Authorize special uses; and V11. Make final judgment on appeals of administrative decisions. (f) The e.Gity e.Gommission 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. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (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) (ii) (iii) Except for those items listed in (ii) and (iii) below, not less than three (3) affirmative votes of the e.Gity e.Gommission shall be required to pass or enact an agenda item. With the exception set forth belew in (iii) below, four (4) affirmative votes of the e.Gity e.Gommission 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. Five (5) affirmative votes of the e.Gity e.Gommission 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, intensity, floor area ratio or building height; (b) the amendment allows lesser setbacks ~r;})ui1di.fig;.s~Patati6~:reqtfit~irteIits; (c) the amendment allows greater iJuih.l!11~:c()vefage,cBr;lrnperYr<.¥s coverage than the maximum, or less 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 Page 2 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 (iv) projected trip generation rates, as set forth in the Institute of Transportation Engineers, Trip Generation Manual, last amended edition; (e) .•.• the C itYC6riimissiotl <determines by three. (3 )affinnative v6testhafa>prbposed amendmeritthat: is. not covered by subparagraphs (a) throllgll(d)abov~be 'treated~s.lessrestrlctive; An amtmdrritmtisrt6ilessrestrictiveit'it decreasesdensitY,/inte1l.sitY.~ffbor~tea 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 eDty eQommission may defer action on any application or other matter before it, for cause, for a reasonable period of time. (d) The eQity 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. * * * 39 Section 2. Codification. The provisions of this ordinance shall become and be made part of the 40 Land Development Code of the City of South Miami as amended. 41 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any 42 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 43 the validity of the remaining portions ofthis ordinance or the Guidelines adopted hereunder. Page 3 1 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts 2 of sections of ordinances in direct conflict herewith are hereby repealed. 3 Section 5. Effective Date. This ordinance shall become effective upon enactment. 4 5 PASSED AND ENACTED this __ day of _____ , 2016. 6 7 ATTEST: APPROVED: 8 9 10 CITY CLERK MAYOR 11 1 st Reading 12 2nd Reading 13 14 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 15 LANGUAGE, LEGALITY AND Mayor Stoddard: 16 EXECUTION THEREOF Vice Mayor Welsh: 17 Commissioner Liebman: 18 Commissioner Edmond: 19 Commissioner Harris: 20 CITY ATTORNEY 21 Rev. 11-7-2016 Page 4 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, September 13, 2016 CITY COM MISSION CHAM BERS 07:00 P.M. The City of south Miami Code of Ordinances, Section 8A-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 $100 for each additional issue. This applies tq;;pll persons who are retained with or without compensation to influence any action, decision, recommendatiQ~f;~firsomeone with the city, including the city manager, city attorney, department heads, city personnel, or mr~i!f:~~;sof the city commission or members oj any city board, concerning a matter that could foreseeably be ad~{".e~~!bY;tbfcity commission or a city board. There are some exceptions and exemptions. The following are not;(~~ii~rd~f~iti'tB, be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who presen:!i.~{~etfjiC or te2H~!¢~(information at public meetings, representatives of a neighborhood association Witho~t)~(,frnpensation and;¢p.rg{~ntatives of a not-for-profit community. based organization for the purpose Of!tkfiip~ting a grant who s¥~«i@i~~; influence without special compensatIOn. Vt;j~;;>k";"! ;; ···:~~{::~'·L::~·· /:'\~~ .. ~?;;> /.<;i~~i1;>;~;!(iif~h} Individuals who wish to view or listenttq:;~hemeeting in it~\;~dllrety, audio and videcNversions of the meeting can be found on the city's w~'6:$(t~(Www.southmi~rrlifl.gov). \~~~:[::~r?~;.·'·:::~:~::wFrr.f:::i· ':: ·~;';V:~:f .. ~.:~.j~~: ;';(';':;:"':' <~ij;d::M~~> . ~ "', I. Call to Order ,;,;",j#iy;w~i;1i(;k; Action: Me. Grei~~~~gting :!'iF~;r~~~~!r;!, ·--;;<~~!~f~:\;~. V'X',: :;.~ .• ·.0_;', ;)' .. /:}'? II. Roll Call";; 'f~~I~;1";, 1~II'j~"rDr '''e~~~~Mr. Greiner (Chairman), Ms. Fischer (Vice- City Staff Absent: ~< .;hili~~. ..... Tompkins (Planning Director), Mr. Marcus Lightfoot (Senior ••.• ary Held (Land Use Attorney). City Attorney: Mr. Thomas Pepe III. Administrative Matters 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 .~ :<',;:,;'" co';',::,:,:::}..: ····::.::.>(f\ .. :: .. :i~;:~~A}:/:: :, ,.,.,://t:,·,:·, "'> , :f. Applicant: City of South Miami /;,;;F An Ordinance amending the Land Dev71.9~t),~nt Code, ArticleVI~;~~~tion 20-6.1, and other applicable provisions, to define the te(h:t "less restrictive" as it <.:lpplies to the voting requirements of the City Commission.';/,.; Ms. Fischer read the item intothe+ecord. \:~::::::'::::: .. , ;,' ' . -:' Mrs. Tompkins deferred to Mr. ~~f~;t~~~~~s~ntation ':?X'.~ Mr. Held present~qPsa~~Q,,927 to th~~Q~rd. ,. ,·.··,",-·:'.:'w ,::::.,;.';"", ,.:,:';::\< ;:'-:-,>:::':1.:: .. :.:\:";-. .-!<.::.;.;.,~.::.::<\> . d; .,., ., :-/; , . ::DJ,~:>:'~' ',' ;": .. ;:>:)'~':'" ,.', Mr. Greiner statecl.that the$t~ucture of tM~7:~htire code isb6thersome. He stated that requiring four-fifth votes fo~;~pplicati9Q~like variah~~7:and comp plan amendments is understandable, but~9r(:9Mire a fiVeif.iffh.vbf~tf9r.~Ditem\i~:~oth excessive and bad public policy. Mr. held S~;~?~~.~b~ltbr~7;votingr~89ite~eht~~r~~~r~e;PtIY in both the Charter and LDC for the City. He .t.~~nrecommeh~~A;.that qtf)e.revisited::wl~~.iQthe context of the review/rewrite of the Land \;~~¥~Iopment coc:l~;;HMr' Gr~iti;~.r;.;then lik~ne~ a five-fifth vote to spot zoning. A reasonable a~p'rQach that could b~!ttlken c~ujabe that 20-6.1{A)(3)(ii) of the LDC should just read that: ',,'. :.,,;:.. (;::';:.',-. -.. ;:;;)./:;: .. :". ··~:···';:·:'":;t '?ih~J~~:> "::/;.<.><: h#:q~f(4) affirmdfL9k. votes cJfthe City Commission should be required for final aplJP9yql or chang~'1to the adopted Comprehensive plan, Rezoning, Variance, spec/(JYpJe, Spe~taiigxception or Planned Unit Development." "::::;/~::~;>::" /. ::t?tk:r:~>~ Mr. Basu asked if~R~t~f~~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 change 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. F,ischer: Yes Ms. Kahn: Yes Mr. Melow: Yes Vice Mayor Welsh explained that becausehi~ihad an iSSUe trying toth~hge the floor height requirement to eighteen feet sothat a bUildingih;~he)"()rjD zoning distri~f:C9"lId incorporate a larger foyer and loading areabg~~u~~ of the five-fif't~'ftll~, he asked the City Manager to look into defining less-restrictive. Ms:(F(~~lierClsked about:~he size of delivery trucks, of which Vice Mayor Welsh stated that a deliv~rY~rucki~typically 13(6~r'$0 an entry of 15-16 feet would be comfortable. Vice Mayor Welsh th~b>~xplaiheqthe reasoning.behind raising the height of the first floor for the.1?4J1djn~~. . .. ' ..... ···iii... . Ms. Fischer aS~~~if everythlqgis listed i~'t~~i();~dinanc:th'a1:TeqUireS this type of vote. Mr. Held responded yes. Vi9~IYlCJYOr;\JV~I~h stat~dfti~theh~q"t~ln isS~~~ith the trip generation rate and was working with the City Mal1C1ger on it.):. . . J~~)~laVey statedt(~ai;;l>ecaus~\~ripgeneration tends to estimate that there are more vehicles on tl1'eroad than there'f'~ally are,if'b~n be more restrictive. The Board then held a discussion on the usefulness of trip gener~tion data: '-::',:,','::';'" ~'~":.';::.\.;:.:.;:.::'",: '," ';.~·:i::~::'.... ~,", . " Ms. Fischer sta~e!;tthat the. proposed ordinance is in conflict with Section 20-1.9(A) of the LDC which sates: .......... ,(}: <~t::·:·~'/·:····· "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 • 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 LOC, 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 second. </.,;:,;.;"., Motion: Mr. Basu moved to approve PB-16-027 as pr~S~ht~d. There was no second. The motion dies due to lack 6f~secorid.i Ms. Fischer stated that this ordinance cOUI~~~~~'~~e liability fort~~,~ity~ There could be citizens ~? / ••• .,;', '. .:. • .' ", that could contest this ordinance~ Motion: Mr. Greiner moved ~82approve PB-lg:027 aSclmended with th~;B,$~~ong and urgent recommendation that the coih.l1JiSSi.8~ reconsidertQ¢,;tive vote requireme~Fin the charter at some point in the future. Ms. Kaljnse¢onded the motidn;; Vote: Yes 5, No 1 (Fischer) Mr. Basu: Yes ,ii, Ms. Glavey: Yes';;" Mr. Greiner: Ye~; Ms. Fischer: No Ms. Kahn:Yes MrlN1~16wlyes /"'-::.::>~):.: , V. pu~iif~tS~~fr,ments/Ne~\~4~tness "'S';~ The Chai;~~~$911 opened t~~tjl()Or to ~~6'lic comments and any new business. Public Commentii/S~ction No comments from th~}~qbli~. New Business Section No New Business from the Board The Chairperson closed the floor to public comments and any new business. VI. Approval of the Minutes 1. Planning Board Minutes of August 9, 2016: 4 Motion: Mr. Basu moved to approve the meeting minutes with changes. Ms. Glavey seconded the motion. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Mr. Melow: Yes VII. Future Meeting Date: A) October 11, 2016 at 7:00 P.M. VIII. Adjournment Mr. Greiner adjourned the meeting at 8:55 P.M~:' 5 8SE I NEIGHBORS I SUNDAY NOVEMBER 6 2016 MIAMIHERAlD.COM CITY OF SOUTH MIAMI COURTESY NOnCE NonCE I~ HEREB\, !!iven thillihe City CllllmUsslOn oj the City of Slluth Miami. F10Iid;j , .... ilI (.:tlDouCI Public Heill'in!!I~) al ito.; r~!!ular Cit:--C\lmmh~llIn nK'(,\IIl,!!. 'H.:hrJukd liJ)' Tursday. Nowmher 15, 201l!. beginning at 7.(10 p.m .. in the ('ily Cnmmi~~i(ln Chamher'i. fd?>O Suns~1 Drive"". h" con~1I1~r Ihl.' fc'lhw!mg Hem(~)' A Rcsl.lll!h'n aUlhnril.in,l!" Iht' City Jl.hn:lgi'f Iv rn'cure l'nline re.!!i~lr;ltilln mudule of ReCPro with R.C. Sy.,t~lm, Inc. A R!.').:oiution uUlhoril.lnJ; the City Marmgcr 10 pun.:hil<;c Mkw<;llft 365 SOHWMC tlnd enter into a lkcll,>ing :lgIccmcnt wilh Sllllllll'J1liliional ('(!fp .• ;m aulhori/.(,d l:llnlractnr for 1·1H:f(Jsnfl. Ihrou~h a piggypacJ.. \Yuh thl' Slah~ "I' Fk,nda COnllad Nt).4.tWUOO-l:"i-0:!. A RC~fJlulic.'n aUlhOlilin!! Iht' City Maml!!er til pl1l"1;ha$~ Chel:k Point fircwflll SOftWi'lft' appliance from Compllljuij) Tcdmoh'gic'l", LLC. lin ilUIl!IJli/.cJ rc~cJJ':1 pI Ch~c" PI/inl LTD, lhruugh a p1l:'.gyhvd wilh the Slate uf l .... l:u·~'''mJ Comrad No O()OB2490022 ( AJl.onll1llll)~l' a~m:ndlnj,!" ~b~ L~nd ~)cn:l~Jlml:lll Cude: Attkh: VI, St:l:tiPlI 2fl-~.1. and tll.he~ HpJllirabk pnWISlnns. It~ Jehn!.'" till' term' kss It'slnc·U\·('' a<: II iljlplJrs !lllht' \'llOn.!! retJlllrCmt'IlIS 01 lilt' CII)' CUffiJllll,SlOn J An Ordinance Vi\CHlmg nnr! ahandonin/! a pori !On lit" SW Kl Slrl'cl mnTl' fully ~ksrrit>cd in i'I !t',!!."al (ks~rirtj0n hl'rem. suhjerll0 ccllain (;(llldiliun~, mc1udlllf Ihe rre!>ervulinu of llil CII.~emcn1. An Onhnan.:e :lInendmg Sediun :2.0-1'.1 flllhc ClI), I,r S()l1lh :\1iilmi Lmhl DL'\'clnpmenl l"de.lo make (.nrredion'i and to amcmlthc mClIlbt'rship <lmiljtll'Tmn rcqUIT('lIlcnt'i (or till' Planning Rn;JT(l An Ordinan('c nml.'lllling Ihl'. Chnptcr 2. Article 1. Stdinn 2-2.1 (B). (l') imd te) 1 and 2 IlJ Dludify Ihe rapitaiiwlIl1ll (If key \wrd" and 10 add rl'quirl'mcn1.~ Jill" Sumhint' M .... C'lill~s An Ordinallce allle1hlllW lil .... City of Snuth Miami Llmd l)c\,cll)pmeut AllicJe VI. Section 20-6.1(B) (4) (a) iii II' PTUVlctc ror.l tcct'mrnl:ndfllion of the PbnninJ! BmllJ Wlk'f( the Bnilfli 11., deillll{l(..l.cd. ALL interested PHrl1C~ OIr~ invit .... d III alll'ull and w,11 hI.' h":ilHl. ror furlht'l' infol"Jrultion, plcu~c nmlar.:lllll" ellY Ckrk's Ollirc ill: 305-663-6340. Maria M. MC'nemicl. CMC ell), Clerk PursU~III'" FlonJn Sl:l!llk~ :U. i.;]IlS, !tw t'llY lI .. rchy a{i\1'~s (h~ ruhlk Illm Jf :lIWflWn d,·cil;!;·s ,,, npp(';,l ;,ny Ikd~h'11 n~,d.· toy ,hJ~ (k~rrl. A!:cn~)",~ l'l'lIUnil;l\1n \\;(11 r'·~r-:'-'·I !ol.;ny n~llkr ~"n~hll'i~J ~1 il-1Il::('llh .. t: 1\1 h~~nllg. h~ l'r ~h WIU 1I.'c,1 ~ rC,\lrlll,r fhl' f'T1\;uilm,p-, aHl! lhJI f,,! sll~h rUff'lI'I', aJk~lCll I""'N'II Illa~ ~~.·11 1<, cnllllcth;,1 J Icri>;,lim ten'nl uf the l'!I..:c~'hll!,~ i~ IIlnd~ \\"hH.h r~ .. ntJ iu.-JlI,lc~ th~ lcllinl'>oY ,md c\ hl::JI\"c IllH," which the al'l~~;,ll\ \l' Ix: lw,e(\ CRIME WATCH Miami-Dade Police offer tools to cut crime RY CAUMEN GONZALEZ CALDWELL Special to Till' Miami Herald This week I want to share with you some great tools offered by Miami- Dade Police, which can help you not only be safe but also better informed. These tools can help pre- vent crime, help solve crimes and help you know what is going on in your immediate area: NEW MIAMI-DADE POLICE CELLPHONE APP Many crime watchers are using the new COP (Com- nnmity on Patrol) app, a great tool for reporting everything from crimes to suspicious incidents. Just go to Apple or Android app store and search for Com- munity on Patrol. MIAMI-DADE COUNTY SEXUAL OFFENDER & PREDATOR SEARCH Any Florida resident who has been convicted of a sexual offense (including anyone convicted in another state) must register as a sexual offender with the office of the local sheriff. In the case of Miami-Dade COllllty, that is the Miami- Dade Police Department. Sexual offenders must dis- close where they live, and must notify the police when thcy relocate. This infornm- Miami-Dade Police's new Community on Patrol cell phone app. tion is entered into the Sexual Predator/Offender database of the Florida Depal1ment Law Enforce- ment. Members of the pub- lic can search this database at http://gisweb.miami dade.gov/sexoffenders/ and detel111ine whether they or their children, in their rou- tine activities (walking from the bus stop, biking to a friend's house, or going to the mall) are likely to en- cOllllter these offenders. MIAMI-DADE COUNTY'S CRIME VIEW COMMUNITY Miami-Dade County's Crime View Community is an online tool at . http://www.crime mapping.com/map/f)/ miami-dadecOlmty, which residents can use to keep themselves infonned about crime in the areas of interest to them, such as near their home, business or other places they frequent. Users can sign up to re- ceive automated email alerts about recent criminal events in specific areas. While this online tool works in all areas of unincorporat- ed Miami-Dade, it doesn't work in some of the munici- palities. Residents should check with their local gov- ernment to see if a similar service is offered by that mllllicipality. HOMICIDE BUREAU - COLD CASE SQUAD Advances in technology and forensics have given a boost to the work of Miami- Dade Police's Cold Case Squad. However, despite scientific advances and the work of these detectives, there are about 2,000 cold cases that remain unsolved. Maybe you know something that can help solve one of these crimes. To learn about these cases, go online to http://www.miami dade.gov /police/cold- cases. asp. Perhaps you can help bring justice to the families of these victims. MIAMI-DADE POLICE ON SOCIAL MEDIA Follow MDPD on Twit- ter at https://twittcr.com/ MiamiDadePD and visit the department on You'])tbe at . www.youtube.com/user/ mdpdmedia. Carmen Caldwell is executive director ~f Citizens' Crime Watch of Miami-Dade. Send feedback and news for this coillmn to cal'/llen@citizenscrime Ivatc/!.Org, or call her at 305-470-1670. MiAfliH IDA!L Y IBUS~f\!ESS IREV~EW Published Daily except Saturday. Sunday and Legal Holidays MiamI. Miami-Dade County. Florida STATE OF FLORIDA COUNTY OF f\~IAIViI-DADE: NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-NOV. 15.2016 In the XXXX Court was published In said newspaper in the issues of 1110412016 Affiant further says that the said Miami Daily Business Review is a . . newspaper published at MiamI. In said Miami-Dade County. Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County. Florida each day (except Saturd S d . . ay. un ay and Legal Holidays) and has been entered as second class mad matter al the post office In Miami in said rVllami-Dade C t FI 'd oun y on a,. for a penod of one year next precedino the first publication of the attached copy of advertisement: ~and affianl further says thai he or she has neither paid nor promised any person, firm or corporal Ion any discount. rebale. commission Or refund for the purpose of securing this advertisement for P"""'''''~.7 P:' -~~"'-j'-' =UV''--------_ Sworn to and subscribed before me this 4 day of ~_OVEMBER A.D. 2016 / ..... , l./ ,:Li{(Z ;?kL~::.:il(·'2,i!ii-'(,<~" (SEAL) OCTELMA V. FERBEYRE personally known to me ©O'il'if @[¥I ~@()jJ'iTtf.l IMdU£fMilll W1©'ll~©~ @il" I?lUll~.Hb~© co(Jr@bti~nfl~@ NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, November 15, 2016, beginning at 7:00 p.m, in the City Commission Chambers, 6130 Sunset Drive, \0-consider the following item(s): A Resolution authorizing the City Manager to procure online registration module of ReCPro with R.C. Systems, Inc. A Resolution authorizing the City Manager to purchase Microsoft 365 software and enter into a licensing agreement with SHI International Corp., an authorized contractor for Microsoft, through a piggyback with the State of Florida Contract No. 4320000-15-02. A Resolution authorizing the City lv1anager to purchase Checl, Point firewall software appliance fmm Compuquip Technologies, LLC, an authorized reseller of Check Point LTD, through a piggyback with the State of Maryland Contract No. 06082490022. An Ordinance amending the Land Development Code, Article VI, Section 20-6.1, and other applicable provisions, to define the term "less restrictive" as it applies to the voting requirements of the City Commission. An Ordinance vacating and abandoning a portion of SW 82 Street more fully described in a legal description herein, subject to certain conditions, including the preservation of an easement. An Ordinance amending Section 20-6.1 of the City of South Miami 'Land Development Code, to make corrections and to amend the membership and quorum requirements for the Planning Board. An Ordinance amending the, Cilapter 2, Article I, Section 2-2.1 (8), (C) and (C) 1 and 2 to modify the capitalization of key words and to add requirements for Sunshine Meetings. An Ordinance amending the City of South Miami Land Development Article VI, Section 20-6.1 (8) (4) (a) iii to provide for a recommendation of the Planning Board when the Board is deadlocl,ed. ALL interested parties are invited tei attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings IS made which record includes the testimony and evidence upon which the appeal is to be based. 11/4 16-133/0000168486rVI