51 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 of the 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 within
29 twelve (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 which 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.
* * *
(3) Procedures.
* * *
(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 theJdty
Commission and denied or failed to pass, such proposed change application, in the same or
similar form.Lshall not be reconsidered by the commission for a period of at least one (1) year
follo't'{ing 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 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 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 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.
* * *
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
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 Edmond:
Commissioner Harris:
Commissioner Liebman:
Page 3
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SUNDAY SEPTEMBER 17 2017
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mystery;:
'estigat . @ rsul. ,g tsare
vestigators are sorting None of these sound. Diplomats reported in-
BY JOSH LEDERMAN symptoms into categories, waves seems to explain the cidents iritheir homes and AND LAURAN NEERGAARD such as auditory arid netir-concussions. Usually, those' in hotels. Cuban authorities Associated Press ological, accordirig to iridi-follow a blow to the head or would know who is staying
WASHINGTON viduals briefed on the proximity to sornething like in each.
There must be an answer. probe .. a bomb blast. But what's the mqtive?
Whatever is harming U.S. There can be a lag before When symptoms
diplomats iri Havana, it's victims discover or report . IElIEC1rIitOMA('iJ[\/JlE1nC emerged last November,
eluded the doc;tors, scien-symptoms, some of which WIEAPO[\/J Cuba was wodciIig feverish-
tists and intelligence ana-are hard to diagnose. So It may sound like Star lywith the U.S,to make
lysts scouring for answers. irivestigators are charting Wars fantasy, but electro-. progress on everythirig
Investigators have chased the timelirie of reported magnetic weapons have from iritemet access to
many theories, including a incidents to identify "c1us-been around for years. They immigration rules befqre
sonic attack, electromag-ters" to help solve the generally harm electronics, . President Barack Obama's
netic weapon or flawed when, where and how 'of not humans. . term ended. Officials still
spying device. the Havana whodunit. The electromagnetic don't understand why Ha-
Each explanation seems spectrum iric1udes waves vana would at ~e same
to fit parts of what' s hap~ SOi\llRCDEVDCIE like the ones used by yo~ time perpetrate attacks that
pened, conflicting with The first signs poirited to cellphone, microwave and could destroy its new rela-
others. a sonic attack. But what light bulbs. . tionship with Washirigton
The United States doesn't kind? And they can be 'easily entirely.
even know what to call it. Some victims heard pinpointed. Such waves can Cuban President Raul
Secretary of State Rex Til-thirigs·'-signs that the also travel through walls, so Castro's reaction deepened
lerson used the phrase sounds were in the audible an electromagnetic attack investigators' skepticism,
"health attacks." The State spectrum. Loud noise can could be plausibly con-according to officials
Department prefers "iri-harmhearirig, especially cealed from afar, briefed on a: rare, face-to-
cidents." high-decibelsourids that What about the sounds face discussion he had on .
Either way, suspicion has can trigger ear-ringing people heard? the matter with America's
fallen on Cuba. But iri-tinnitus,rupfured ear MiCrowave pulsei-short, top envoy ill Havana.
vestigators also are exam-drums, even permanent iritense blasts -can cause . Predictably, Castro de-
inirig whether a rogue fac-hearirig loss. people to "hear" clicking nied responsibilitY. But U.S.
tion of its security services, But others heard nothing, sounds. officials were surprised that
another coUntry such as and still became ill. So But when electromagnet-Castro seemed genuinely
Russia, or some combina-investigators considered ic waves cause physical rattled, and that Cuba off~
tion is to blame, more than inaudible sound: infra-· . damage, it usually results ered to let the FBI come
a dozen u.S. officials fam-sound, too low forhurrians from body tissue being irivestigate.
iliar with the irivestigation to hear, and ultrasound, too heated. The diplomats iri Then, Canadians got ill.
told The Associated Press. high. . Cuba haven't been report-Why them?
Those officials spoke on Infrasound often is expe-ing burning sensations. The warm, long-standing
condition of anonymity rienced as vibration, like ties between Cuba and
because they weren't autho-standing near a subwoofer. SOMIE1i"·IHlOi\!l('iJ ELSIE Canada made it seem even
""';..,."....1 .f-..... _ .... hl.;"lT1' ..:I';l""""Il"i-o +h.o Cn.~o "rinf-;'t"'r'IoCl "";onl"\.ri'orl "T'hci ctrocc '3,.,rI "3nV;Q.Tu 1",,,,, 1nm".,1 th.,t r.il"trn'"
Americas'l 25A
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.1r1Hl1E OIlJYSDDIERS
.'Whoe~s~ would dare?
. . U;S. ilivestigatorshirve
focused on a small group of
: usual suspects: Russia, Iran;
North Korea; Chiria; Vene-
zuela.
munist island and "the
West" -nations such as the
United States arid Canada .
Russia, in particular, has
harassed American diplo-
. mats aggressively in recent
years.
Moscow even has a plau-
sible motive: driving a
wedge between the com-
'. Russia also has advanced,
hard-to-detect weaponry.
the much of the world lacks
and rnight'not even know
about.
None of officials inter-
viewed forthis story point-
ed to any evidence, howev-
er,liriking Russia to the
illnesses. The same goes fOI
the other countries.
CITY OF SOUTH MIAMI
NOTICE OF PUElLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida
will conduct Public Hearing(s) at its special City Commission meeting scheduled for
Thursday, September 28, 2017, beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following ite",(s):
A Resolution approving an extension to the existing Agreement between the
Qity of South-Mfami and Steven Alexander for City Manager Services for the
City of South Miami; Florida ,
(
An Ordinance amending the Land Development Code, Article V. Section 20-5.8, 'J\
. and Article VI,. Section 20-6.1 relating to reapplications and reconsfderations
of applications., .
An Ordinance amending the City of South' Miami Code of Ordinances, Chapter 2,
Article 1,' Section 2-2.1 <,lq to give the City Commission more 'flexibility in
rescheduling regular meetings, eSpeciallY during times of emergency.
ALL interested parties are invited to' attend and will be heard.
For furthe: 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 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 proce4?dings, and that for
such purpose, affected person may need to ensure that a verbatim record of the proceedings is
made which recor,d includes the, testim,ony and evidence upon which the appeal is to be based.
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