Res No 014-19-15286Resolution No. 01 4-19-1 5286
A Resolution directing the City Clerk to notify property owners of City
initiated ordinances changing the actual zoning map designation of their
parcels under certain conditions.
WHEREAS, the City Commission will be conducting public hearings on a City initiated
proposed ordinance that changes the zoning map designation of certain parcels of land locate in
the TODD that involve less than 10 contiguous acres; and
WHEREAS, Florida Statute, s. 166.041 provides that "[i]n cases in which the [city
initiated] proposed ordinance changes the actual zoning map designation for a parcel or parcels
of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the
governing body to notify by mail each real property owner whose land the municipality will
redesignate by enactment of the ordinance and whose address is known by reference to the latest
ad valorem tax records. The notice shall state the substance of the proposed ordinance as it
affects that property owner and shall set a time and place for one or more public hearings on such
ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing,
and a copy of the notice shall be kept available for public inspection during the regular business
hours of the office of the clerk of the governing body. The governing body shall hold a public
hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately
adopt the ordinance.; and
WHEREAS, the City Commission desires to instruct the City Clerks, as required by
section 166.041, Fla. Stat. to provide the statutory notifications not only for the anticipated
proposed zoning map change but also for future zoning map changes initiated by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Clerk is hereby directed to comply with the notification requirements
of Florida Statute Chapter 166.041 as set forth in the above recitals for all City initiated zoning
changes involving less than 10 contiguous acres.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 15`h day of January, 2019.
ATTEST: APPROV���}u
CITY CLIVKMA OR
Page 1 of 2
Res. No. 014-19-15286
)RM, COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Gil:
Yea
Commissioner Liebman:
Yea
Commissioner Welsh:
Yea
Page 2 0£ 2
Agenda item No:6.
City Commission Agenda Item Report
Meeting Date: January 15, 2019
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution directing the City Clerk to notify property owners of City initiated ordinances changing the actual
zoning map designation of their parcels under certain conditions. 3/5 (City Manager)
Suggested Action:
Attachments:
Resolution Clerk to Notify Property Owners per 166.041.docx