Ord No 17-17-2287Ordinance No. 17-17-2287
An Ordinance amending the Land Development Code, Article V, Section 20-5.8,
and Article VI, Section 20-6.1 relating to reapplications and reconsiderations of
applications.
WHEREAS, the City of South Miami regulates development procedures through its Land
Development Code (LDC); and
WHEREAS, the LDC includes Article V "Procedures and Applications", Section 20-5.8,
"Special use approvals", which prohibits the review of reapplications for a special use involving the same
or substantially the same property within twelve months of the City Commission's disapproval of the
previous application, unless the commission determines that evidence is submitted which justifies
reconsideration; and
WHEREAS, the LDC includes Article VI "Administration and Enforcement", Section 20-6.1,
"City Commission", provides that requests requiring a public hearing before the Planning Board that have
been denied or failed to pass by the Commission, shall not be reconsidered by the Commission for at least
one (1) year, except that requests can be reconsidered after six (6) months at the request of the majority of
the Commission; and
WHEREAS, the above-described sections of the LDC are inconsistent and the stated time frames
are arbitrary; and
WHEREAS, the City Commission desires to develop a LDC that is internally consistent with
logical and well-founded regulations;
WHEREAS, the City Commission desires to amend the above-describe sections of the LDC.
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 V, "Procedures and Applications",
Section 20-5.8 "Special use approvals" is hereby amended to read as follows:
20-5.8 Special use approvals.
* * *
(B) Special Use Re6lppHcatiens. No Feapfllieation fOF a sfleeialuse shall be aeeeflted by the eity within
twelve (12) fflOnthS of the date of final disaflflFoval by the eity eOfflfflission of a flFOVious apfllieation for a
sfleeialuse in:volvin:g the same or substantially the same flFoflerty, un:less eyidenee is subfflitted to and
aeeeflted by the eit)' eOfflfflission whieh justifies sueh reeonsideFation.
* * *
Section 2. South Miami Land Development Code Article VI, "Administration and
Enforcement", Section 20-6.1, "Administrative entities" is hereby amended to read as follows:
Page 1
Ord. No. 17-17-2287
20-6.1 Administrative entities.
(A) City Commission.
* * *
(3) Procedures.
* * *
(e) Notwithstanding anything to the contrary contained in the City's Code of Ordinances or this
Land Development Code, W~hen any request or application ("application") requiring a public
hearing before the Planning Board has been aeted \ipon submitted to and voted upon by the ld!y
Commission and denied or failed to pass, such proposed ehaHge application, in the same or
similar formLshall not be reeonsidered by ilie eommission for a period of at least one (1) year
follmving the date of s\ieh aetion exeept in whieh ease reeonsideration is possible after six (6)
monilis from ilie date established for the prior hearing at the req\iest ofilie majority ofilie
CommissioR may only be addressed a second time by the City Commission if, within six (6)
months from the date the request was last voted upon, either of the following events occur:
(1) A member of the Commission instructs the Clerk to add the application to the City
Commission agenda for reconsideration without the introduction of any new evidence
or argument of the proponent or the opposition. In such event, the City Commission
may reconsider the request and it may do so without a public hearing.
(2) A member ofthe City Commission instructs the Clerk to add a resolution to the City
Commission agenda calling for a rehearing of new evidence concerning the application.
In such event, the application shall only be reheard if the resolution calling for rehearing
is approved by a majority of the City Commission. The resolution approving the
rehearing shall set the date and time when the application will be reheard and the
rehearing shall be at a duly noticed public hearing. A rehearing under this subsection
shall be limited to new evidence and a closing statement by the applicant or the
applicant's representative.
If no member of the City Commission timely instructs the Clerk to place the application on the
agenda for reconsideration or for rehearing, then a new application shall be filed with the
Planning and Zoning Department.
* * *
Section 3. 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 4. 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.
Page 2
Ord. No. 17-17-2287
Section 5. Ordinances in Conflict. AH ordinances or parts of ordinances and aH sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Effective Date. This ordinance shaH become effective upon enactment.
PASSED AND ENACTED this28thday of September ,2017.
~T l:e?~~ LERK
151 Reading -_ 9 / 5 / 1 7
2nd Reading_ 9/28/17
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
3-1
Yea
Yea
absent
Nay
Yea
Page 3
SUNDAY SEmMlER 17 iOli
MIAMIHERALD.COM .
Cubamyste .. -~~iWltat'~; -s des.
U .. S. investigatots arepqrsuing
BY JOSH LEDERMAN
AND LAURAN NEERGAARD
Associated Press
WASlUNGTON
There must be an answer.
Whatever is harming U.S.
diplomats in Havana, it's
eluded the do~ors, !lcien-
tists and intelligence ana-
lysts scouring for answers.
Investigators have chased
many theories, including a
sonic attack, electromag-
netic weapon or flawed
spying device.
Each explanation seem.s
to fit parts of what' s· hap~'
pened, conflicting with
others. .
The United States doesn't
even know what to call it.
Secretary of State Rex Til-
lerson used the phrase·
"health attacks." The State
Department prefers "in-.
cidents."
Either way, suspicion has
fallen on Cuba. But in-
vestigators also are exam-
ining whether a rogue fac-
tion of its security services,
another coimtrY such as'
Russia, or some combina-
tion is to blame, more than
a dozen U.S. officials fam-
iliar with the investigation
told The Associated Press.
Those officials spoke on
condition o~ anonymity
because they weren't autho-
~ .... ",.t + ... _u'hl:,.l ..... 1:,..,. .... ,..:,.. .. 'ho
_.. ........_-._-_ ... ---..-,------
vestigators are sorj:ing .
sympt0111S into categories,
. such as auditory ru,idneur-
ological, according to indi-
viduals briefed on the .
probe. : ...
There can be a:lag before
victims discover orreport .
symptoms, some of which
, are hard to· diagnose. So
investigators ate charting
the timeline' of reported
incidents to identify "clus-
ters" to help solve the
when, where and how'of
the Havana whodunit.
SONIC DEVICE
The first signs pointed to
a sortic attack; But what
kind?
Some victinisheard
things·:.. sighs that the
s01mds were in the audible ...
spectrum.·Loudnoise can
harm'bearing, especially
high-decibel sourids that
can trig'gere~-ringing
tinnituS, ruptUred ear
drums, 'even peIman~nt
beariilg loss. .
But others heard' nothing,
and still became ill. So
investigators considered
inaudible' sound: infra-' . .
sound, too loW' for'hum~ns .
to hear, and ultrasoiInd, too
high.'
Infrasoun!i often is expe-
rienced as vibration, like
standing near a subwoofer.
~",~'01i.,.;,.,.,.;""""co,.t:l'l"V'\"""o.~
None of these sound. .
waves seemstoexplainthe
conCUssions. Usually, those' .
. follow a blow to the head or
proxirility to something l~e
a bomb blast.
IElIECYROMAGNIElOC
WEAPON
Itinay sound like Star
Wars fantasy, but electro-.
magnetic weapons haVe
been around for years. They
g~neial1Y'harm 'electronics,
not humans.
The electromagnetic .
spectrum includes waves
like the ones used by yo~ ..
cellphone, microwave and
light bulbs. .
And they can be easIly
pinpointed. Such waves can·
also travel through walls, so
an electromagnetic attack
could be pla'usibly corio'
cealed from afar·.
VVhat about the sounds
people heard?, .;:
Microwave pulse~':' short,
intense blasts -can cause'
people to "hear" clicking' .
sounds.
But when electromagnet-.
ic wayes cause physical
damage, it usually results
from body tissue being
heated. The diplomats in
.Cuba haven't been report-.
ing burning sensations.
SOMEtHING ELSE
Thd cotrae>CO f)n~ "lnvit:lnT
DiplOmats reported in-
cidents in their homes and
in hotels. Cuban authorities
would know who is staYing
in each. .
But what's the mqtive?
When symptoms
emerged lastNovembet, .
Cuba was wo~king feverish-
lyWith the U.S:tomake
progress on everything
from internet access to'
immigration rules befqre
President Barack Obama's
, term ended. Officials still
don't understand why Ha-
vana would at the same
time perpetrate ~ttacks that
could 'destroy its newl'ela-
tionship with Washington
entirely. '. .
Cuban PresidenlRaul
Castro's reactiOn deepened
investigators' skepticism,
according to officuils
briefed oil a:rare, face-to-
face discussion he had on .'
the matter with·America's
top envoY ii1 Havana.
Predictably, Castro de-
nied responsibilitY. But U.s.
officials were surprised that
Castro seemed genuinely
rattled, and that Cuba off ..
ered to let the FBI come
investigate.
Then, Canadians' got ill.
Why them?
The warm, long-standing
ties between Cuba and
~anadamade it se~m.even
I".".; lnml''ll th!lt r.""trn'"
" ...... , ~
¥QIUfti!!i!I!i
25A
\I
. ,:.Y~Wh· E·,Q.u;rl:,SBD~ul~d 'd'" . .'~" .. '.' .... wm.U1llest·~.t_~snlaanti· 'odnans sud C"hthase the .... :.'. o·es~wo arer.: .
.• ~.' '(j;S.ili\festigatol-5'h~r(i'e·· . United StateS and Camida.
focused on a small group of . '. Russia'also has advanced"
. usual suspects: Russia; Iran; hard-to-detect weaponry .
"North Korea; China; V~ne~ the much of the world lacks
zuela. . . .... and might' not even know
Russia, in particular, has about.
harassed American diplo-None of officials inter-
. mats aggressiv~ly in recent viewed for.this story point-
years. '. .' . ed to any evideJ:!.ce, howev-
Moscow even bas a plau-er,·linking RUssia to the
sible motive: driving a illnesses. The same goes for
wedge. between the' com-the other countries.
.(1)
crr'Y OF SOUTH MIAMI
NonCE OF PUI!LIC HEARING
NOTICE IS HEREBY given that the City Commission of the City or South Miami, Florida
will conduct. Public Heari"9(S) at its special City Commission meeUng scheduled for
Thursday, September 2.8, 2017, beginning at 7:00 p.m., in the City Commission Chambers.
6130 Sunset Drive. to consider Ihe following ite'!'!s):
A R~olutlori·approvi"g an extension to the existing Agreement between the
City of $outh-MfamJ ~nd Steven Alexander for Cily Manager Services for 'the
Cily of South Miami. Florid. .
(
An Ordinance amending the Land D'evelopmont Code. Arlicle V, SocUon 20-5.8, ,
and Article VI, SacHon 2()..6.1 relating to reapplications and reconsiderations I
. of applicaUons" ,'. '
An Ordinance ~rnending the City of South' Miami Code of Ordinances, Chapter 2,
. Article ),' Section '2·2.1 (.bt) to' give. the City Commission more 'flexibility in
rescheduling regular meetings, 'especially during limes of emergency.
ALL interested partie; a;~ InVited 10 'attend and win bo hei"d.
For rurthe~ information, please contact the City Clerk's Office at 305-663-6340.
Maria M. Menendez, CMC
. City Clerk
Pursu~nt to Florida: StatUtes 286.0105, the City 'hereby advises the public thai if a person decides
to appea~ any decision made by this Board, Agency or Cornridsslon with respect to any mailer
considered at its meeting or he8l1ng:he or she will need B record of the procqdlngs. and that f~t
such purpose, affected person may need to ensure that a verba~im record of the proceedings IS
made WIllcll recor,ct Includes testllI'!"nv and evidence u..,. whIch the appeal Is to be based.
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