16THE CITY OF Pl.EASANT LIVING
To:
FROM:
VIA:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Jane K. Tompkins, Planning and Zoning Director J ,_
September S, 2017 Agenda Item NO.:-f-j.(}
An Ordinance amending the Land Development Code, Article V, Section 20-S.8, and Article VI,
Section 20-6.1 relating to reapplications and reconsiderations of applications.
BACKGROUND:
The Land Development Code (LDC) contains provisions for the handling of zoning applications
that have been rejected by the City Commission. LDC Section 20-S.8 provides that a
reapplication of a special use cannot be accepted within twelve (12) months of the disapproval,
unless evidence is submitted to and accepted by the Commission which justifies
reconsideration. Section 20-6.1 isn't limited to a particular type of zoning application; it applies
to "any request requiring a public hearing before the Planning Board". Under this section, such
items shall not be reconsidered by the Commission for at least one (1) year following the
Commission's rejection, except reconsideration is possible after six (6) months at the request of
the majority ofthe Commission.
ANALYSIS:
It is unclear whether there was any policy rationale for the delay required by those sections at
the time of their adoption but we have no policy rationale for continuing their existence. In fact
the opposite is true based on current practices in private development. Neither the residents
nor the developers, nor Commissioners should need to be continuously concerned whether an
item will be or can be brought back for approval in a year.
Additionally, the above-described provisions lack details on procedural requirements to ensure
due process. Section 20-S.8, for instance, doesn't define "evidence" or describe how new
evidence should be submitted to or evaluated and accepted by the Commission. For example,
it's not clear that the review of the new evidence requires a public hearing, either by the
Planning Board or by the City Commission. Similarly, once the new evidence is accepted by the
City Commission, apparently by majority vote, it's uncertain whether the reapplication needs to
be reviewed by the Planning Board before the Commission acts on the original action.
Furthermore, neither section specifies whether an item to be reconsidered must go back to the
Planning Board prior to final action by the Commission, although that seems to be logical, or
what, publication and notification requirements must be satisfied prior to any action or Board
review.
THE CITY OF PI.FASANT UVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Finally, the provision for reconsideration in 20-6.1, which allows action any time after six (6)
months is illogical. Under this language, there is no outside date by which the reconsideration
must occur and interested parties have no assurance that the decision is final, causing
potentially interminable delay and expense to the proposer and their investors.
RECOMMENDATION:
The proposed ordinance addresses these shortcomings by adding procedural details to the lDC
and reflects good regulatory practices and should be adopted to keep our practices fair and
equitable.
ATTACHMENTS:
• Draft Ordinance
1 Ordinance No. -------------------
2 An Ordinance amending the Land Development Code, Article V, Section 20-5.8,
3 and Article VI, Section 20-6.1 relating to reapplications and reconsiderations of
4 applications.
5 WHEREAS, the City of South Miami regulates development procedures through its Land
6 Development Code (LDC); and
7 WHEREAS, the LDC includes Article V "Procedures and Applications", Section 20-5.8,
8 "Special use approvals", which prohibits the review of reapplications for a special use involving the same
9 or substantially the same property within twelve months of the City Commission's disapproval of the
10 previous application, unless the commission determines that evidence is submitted which justifies
11 reconsideration; and
12 WHEREAS, the LDC includes Article VI "Administration and Enforcement", Section 20-6.1,
13 "City Commission", provides that requests requiring a public hearing before the Planning Board that have
14 been denied or failed to pass by the Commission, shall not be reconsidered by the Commission for at least
15 one (1) year, except that requests can be reconsidered after six (6) months at the request ofthe majority of
16 the Commission; and
17 WHEREAS, the above-described sections of the LDC are inconsistent and the stated time frames
18 are arbitrary; and
19 WHEREAS, the City Commission desires to develop a LDC that is internally consistent with
20 logical and well-founded regulations;
21 WHEREAS, the City Commission desires to amend the above-describe sections of the LDC.
22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
23 OF THE CITY OF SOUTH MIAMI, FLORIDA:
24 Section 1. South Miami Land Development Code Article V, "Procedures and Applications",
25 Section 20-5.8 "Special use approvals" is hereby amended to read as follows:
26 20-5.8 Special use approvals.
27 * * *
28 (E) Special Use Reapplications. No reapplication for a special use shall be accepted by the city],yithin
29 h"elve (12) months of the date of final disapproval by the city commission of a previous application for a
30 special use involving the same or substantially the same property, unless evidence is submitted to and
31 accepted by the city commission '."hich justifies such reconsideration.
32 * * *
33 Section 2. South Miami Land Development Code Article VI, "Administration and
34 Enforcement", Section 20-6.1, "Administrative entities" is hereby amended to read as follows:
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20-6.1 Administrative entities.
(A) City Commission.
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(3) Procedures.
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(e) Notwithstanding anything to the contrary contained in the City's Code of Ordinances or this
Land Development Code, WY'{hen any request or application ("application") requiring a public
hearing before the Planning Board has been acted upon submitted to and voted upon by theidty
Commission and denied or failed to pass, such proposed change application, in the same or
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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 ofthe majority of the
Commission 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 ofthe 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 proponentor the opposition. In such event, the City ~ommission
may reconsider the request and it may do so without a public hearing.
(2) A member of the 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 ifthe 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.
* * *
35 Section 3. Codification. The provisions of this ordinance shall become and be made part of
36 the Land Development Code of the City of South Miami as amended.
37 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for
38 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
39 affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder.
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1 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
2 and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2017.
ATTEST:
CITY CLERK
1st Reading
2 nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
. Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
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