16 - amendmentWelsh Amendment
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Ordinance No. _____________________ 1
An Ordinance amending the Land Development Code, Article V, Section 20-5.8, 2
and Article VI, Section 20-6.1 relating to reapplications and reconsiderations of 3
applications. 4
WHEREAS, the City of South Miami regulates development procedures through its Land 5
Development Code (LDC); and 6
WHEREAS, the LDC includes Article V “Procedures and Applications”, Section 20-5.8, 7
“Special use approvals”, which prohibits the review of reapplications for a special use involving the same 8
or substantially the same property within twelve months of the City Commission’s disapproval of the 9
previous application, unless the commission determines that evidence is submitted which justifies 10
reconsideration; and 11
WHEREAS, the LDC includes Article VI “Administration and Enforcement”, Section 20-6.1, 12
“City Commission”, provides that requests requiring a public hearing before the Planning Board that have 13
been denied or failed to pass by the Commission, shall not be reconsidered by the Commission for at least 14
one (1) year, except that requests can be reconsidered after six (6) months at the request of the majority of 15
the Commission; and 16
WHEREAS, the above-described sections of the LDC are inconsistent and the stated time frames 17
are arbitrary; and 18
WHEREAS, the City Commission desires to develop a LDC that is internally consistent with 19
logical and well-founded regulations; 20
WHEREAS, the City Commission desires to amend the above—describe sections of the LDC. 21
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 22
OF THE CITY OF SOUTH MIAMI, FLORIDA: 23
Section 1. South Miami Land Development Code Article V, “Procedures and Applications”, 24
Section 20-5.8 “Special use approvals” is hereby amended to read as follows: 25
20-5.8 Special use approvals. 26
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(E) Special Use Reapplications. No reapplication for a special use shall be accepted by the city within 28
twelve (12) months of the date of final disapproval by the city commission of a previous application for a 29
special use involving the same or substantially the same property, unless evidence is submitted to and 30
accepted by the city commission which justifies such reconsideration. 31
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Section 2. South Miami Land Development Code Article VI, “Administration and 33
Enforcement”, Section 20-6.1, “Administrative entities” is hereby amended to read as follows: 34
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20-6.1 Administrative entities. 1
(A) City Commission. 2
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(3) Procedures. 4
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(e) Notwithstanding anything to the contrary contained in the City’s Code of 7
Ordinances or this Land Development Code, Wwhen any request or 8
application (“application”) requiring a public hearing before the Planning 9
Board has been acted upon submitted to and voted upon by the City 10
Commission and denied or failed to pass, such proposed change request or 11
application, in the same or similar form, may be reconsidered by the 12 Commission, PROVIDED THE APPLICATION IS PLACED ON THE CITY 13 COMMISSION AGENDA WITHIN SIX (6) MONTHS FOLLOWING THE 14 DATE OF THE ORIGINAL DENIAL OR FAILURE AND provided that the 15 item is advertised pursuant to 20-5.5 (G). shall not be reconsidered by the 16
commission for a period of at least one (1) year following the date of such action except in which 17
case reconsideration is possible after six (6) months from the date established for the prior 18
hearing at the request of the majority of the Commission
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may only be addressed a second time by 19
the City Commission if, within six (6) months from the date the request was last voted upon, 20
either of the following events occur: 21
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(1) A member of the Commission instructs the Clerk to add the application to the City 23
Commission agenda for reconsideration without the introduction of any new evidence 24
or argument of the proponent or the opposition. In such event, the City Commission 25
may reconsider the request and it may do so without a public hearing. 26
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(2) A member of the City Commission instructs the Clerk to add a resolution to the City 28
Commission agenda calling for a rehearing of new evidence concerning the application. 29
In such event, the application shall only be reheard if the resolution calling for rehearing 30
is approved by a majority of the City Commission. The resolution approving the 31
rehearing shall set the date and time when the application will be reheard and the 32
rehearing shall be at a duly noticed public hearing. A rehearing under this subsection 33
shall be limited to new evidence and a closing statement by the applicant or the 34
applicant’s representative. 35
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If no member of the City Commission timely instructs the Clerk to place the application on the 37
agenda for reconsideration or for rehearing, then a new application shall be filed with the 38
Planning and Zoning Department. 39
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Section 3. Codification. The provisions of this ordinance shall become and be made part of 1
the Land Development Code of the City of South Miami as amended. 2
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for 3
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 4
affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. 5
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 6
and parts of sections of ordinances in direct conflict herewith are hereby repealed. 7
Section 6. Effective Date. This ordinance shall become effective upon enactment. 8
PASSED AND ENACTED this ____ day of _____________, 2017. 9
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ATTEST: APPROVED: 11
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________________________ ________________________ 13
CITY CLERK MAYOR 14
1st Reading 15
2nd Reading 16
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 18
LANGUAGE, LEGALITY AND Mayor Stoddard: 19
EXECUTION THEREOF Vice Mayor Welsh: 20
Commissioner Edmond: 21
Commissioner Harris: 22
________________________ Commissioner Liebman: 23
CITY ATTORNEY 24