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Ord No 18-18-2307ORDINANCE NO. 18 -18 - 2 3 0 7 An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article 6, Section 20-6.1(A)(3)(a)(iii) to conform to the Charter amendment approved by referendum at .the August 28, 2018 special election. WHEREAS, the City Commissioners desired to have a ballot question submitted to the electorate for a Charter amendment that would encourage policies to revitalize the City's Commercial Core located in the Transit Oriented Development District, the Light Industrial District and the Hometown Overlay Districts; and WHEREAS, the City Commission identified the City's Transit Oriented Development District, the Light Industrial District and the Hometown Overlay Districts as the City's Commercial Core and set the boundaries of the Commercial Core by Resolution 058-18-15091; and WHEREAS, the City Charter's use of the phrase "less restrictive" in Article II, section 6D (1) has proven to be confusing, ambiguous, and problematic for the City's administration of its land use and land development regulations as well as for residents and property owners within the City; and WHEREAS, City Commission, by adopting Resolution 120-18-15153, approved a ballot question for the August 28, 2018 special election to change the voting requirements in the City Charter for the Commercial Core of the City from 5 to 4 affirmative votes of the City Commission for any change in land use or development regulations for the Commercial Core whether the change was more or less restrictive; and WHEREAS, on August 28, 2018 the City's electorate voted in favor of the Charter amendment to change the voting requirements in the City Charter for the Commercial Core from 5 to 4 affirmative votes for any change in land use or development regulations for the Commercial Core whether the change was more or less restrictive; and WHEREAS, the City's Land Development Code is now inconsistent with the voting requirements as set forth in the amended City Charter; and WHEREAS, the City Commission desires to amend the Land Development Code to make it consistent with the voting requirements as set forth in the amended City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Chapter 20, Article 6, Sections 20-6.1(A)(3)(a)(iii) of the City of South Miami's Land Development Code is hereby amended and shall read as follows: Page 1 of 3 Res. No.18-18-2307 20-6.1 -Administrative entities. (A) City Commission. (3) Procedures. (a) Voting. All ordinances and resolutions that require more than one (1) reading for passage or enactment shall be passed on first reading by a majority vote. i. Except for those items listed in ii and iii below, not less than three (3) affirmative votes of the City Commission shall be required to pass or enact an agenda item. ii. With the exception set forth in iii below, four (4) affirmative votes of the City Commission shall be required for final approval of a change to the adopted Comprehensive Plan, a rezoning, a variance, a special use, a special exception, or a planned unit development. Five (5) affirmative votes of the City Commission shall be required to enact an amendment to land use and development regulations in any manner to make them less restrictive in all areas of the City other than the Commercial Core whose boundaries are defined in Article ll. Section 6 oaragraoh D. 1. of the City Charter. An amendment is 'less restrictive" if any one of the following occurs: Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 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. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENTACTED this 16" day of October, 2018. ATTEST: CITY E 151 Reading: 10/2/18 2"d Reading: 10/16/18 Page 2 of 3 APPROVED: A fla_&� MAYOR Res. No. 18-18-2307 tANG APPROVED O FORM: COMMISSION VOTE: 5 - 0 LANGE, GALI AN Mayor Stoddard: yea HERE Vice MayorHarris__yea vCommissioner Liebman: Xea Commissioner Welsh:yea Commissioner Gil:) - TORNEY Page 3 of 3 Agenda item No:8. City Commission Agenda Item Report Meeting Date: October 16, 2018 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) Subject: An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article 6, Section 20-6.1(A)(3)(a)(iii) to conform to the Charter amendment approved by referendum at the August 28, 2018 special election. 3/5 (City Attorney) Suggested Action: Attachments: Agenda Memo.doc Ord Amending 20-6.1(A)(3)(iii) to conform to 2018 charter amendment jkt verCleanwithNos.doc MDBR Ad. pdf Miami Herald Ad.pdf ' CITY OF SOUTH MIAMI Miami OFFICE OF THE CITY MANAGER Sough THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: October 2, 2018 SUBJECT: An Ordinance amending the City of South Miami land Development Code, Chapter 20, Article 6, Section 20-6.1(A)(3)(a)(iii) to conform to the Charter amendment approved by referendum at the August 28, 2018 special election. EMCKGROUND: The City Commission, by adopting Resolution 120-18-15153, approved a ballot question for the August 28, 2018 special election to change the voting requirements in the City Charter for the Commercial Core of the City from 5 to 4 affirmative votes of the City Commission for any change in land use or development regulations for the Commercial Core whether the change was more or less restrictive. On August 28, 2018 the City's electorate overwhelmingly voted in favor of the Charter amendment to change the voting requirements in the City Charter for the Commercial Core from 5 to 4 affirmative votes for any change in land use or development regulations for the Commercial Core whether the change was more or less restrictive. RECOMENDATION: Chapter 20, Article 6, Sections 20-6.1(A)(3)(a)(iii) of the City of South Miami's Land Development Code is as amended by the attached ordinance is recommended for approval. ATTACHMENTS: 2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday aid Legal Holidays Miami, Miami -Dade Canty. Fbrda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personalty appeared CHRISTINA RAVIX, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flkta Miami Review, a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami In Miami -Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI -OCT . 16, 2018 in the XXXX Court, was published in said newspaper In the issues of 10/05/2018 Adiara further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dad e County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and aRiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiiccatin•on In the said newspaper. l xa knq - Sworn to and subscribed before me this 5 day CTOB Q, A.D. 2018 so (SEAL) CHRISTINA RAVIX personally known to me BARBARATHOMAS Commission MGG 121171 Expires November 2, 2021 B:.road TNuTmy Fain lnsuraMx 800-785-7019 66ou T 3 u ^ um ga? P27 1, LORTO CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing($) at its regular City Commission meeting scheduled for Tuesday, October 16, 2018, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resollaton authorizing City Manager to enter into a multi -year agreement with Becker 8 Poliakoff for Lobbying and Consulting Services. A Resolution authorizing the City Manager to enter into a muhi-year agreement with Compquip Technologies, LLC an authorized resiller of Check Point LTD, for maintenance and subscription service for the Police faewall appliance. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article 6, Section 20-6.1(A)(3)(a)Cii) to conform to the Charter amendment approved by referendum at the August 28. 2018 special election. ALL Interested parties are Invited to attend and will be heard. For further Information, please contact the City Clerk's Office at 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 266.0105, the City hereby advises, the public that it a parson decides to appeal any decision made by this Board. Agency or Commission with respect to any matter considered at its meeting or heai he or she will need a record of the proceedings, and that for such purpose, affected parson may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be bamd. 10/5 1842/O000351811 M FUFMAM en uionI1018 NEIGHBORS 315E Family Church at Daytona Beady who will preach Oct. IS, and Apostle Dr. Constance Smith Fields of My Father's House In- temational Ministries of Daytona Beach. She will preach on Oct. 19. Attendees are invited to wear camouflage attire, if so desired. HU THE SOUND OF SOUL Hu the Sound of Soul, will be presented at 11 a.m. on Oct. 14, at the Dunkin Donuts Conference Room at 8099 Dixie Hwy. The event is sponsored by Eck- ankar, the Path of Spiritual Freedom. The topic for October is, "When God Speaks To Us, Do We Listen?" According to Pier Mer- cer, Hu song is an ancient name for God and is sung like a prayer. Call Mercer at 954-309- 16682 for more informa- tion. FAMILY AND FRIENDS SERVICE The Episcopal Church of the Incarnation at 1835 NW 54th St. invites the community to its Family and Friends Service at 9 a.m. on Oct. 14. The service will feature an inspirational sermon by the Rev. Bobbie Knowles, rector of the church. Music will be provided by St. Cecilia's Choir, the Men's Choir, and the Handbell Choir. The Liturgical Dancers will perform. A reception will follow in the fellowship hall. Call Tend Johnson at 786-282-9166 for more information. NEIGHBORHOOD MARKET You are invited to the Arts, Crafts and Neigh- borhood Market, presented by Palm Springs United Methodist Church, 5700 W. 12th Ave. from 9 a.m. to noon on Saturday, Oct. 13, at the church. The Neighborhood Mar- ket is open to local busi- nesses to promote their services and/or products to the community. There will also be many free chil- dren's activities. The day will also feature a mm- mage sale in the shed on the church grounds, and a boutique in the fellowship hall. Also for sale will be hot- dogs, brownies, chips and drinks. For more informa- tion, call 305-821-3232. COMMUNITY GATHERING At 4 p.m. Sunday, Coral Gables Congregational United Church of Christ, 3010 De Soto Blvd., will present "A Rabbi, an Imam, and a Pastor" dur- ing a special community gathering. Three longtime friends, Rabbi Steven Engel of the Congregation of Reform Judaism of Orlando; Senior Imam Muhammad Musri of the Islamic Society of Central Florida; and the Rev. Bryan Fulwider, for- merly of the First Congre- gational Church of Winter Park, are out to improve the world by living what they preach. The three religious lead- ers host a weekly program on Orlando public radio, calling themselves "Three Wise Guys", and where they tackle pressing social issues, while calling upon their listening audience to use the values and tools of faith to overcome fear and intolerance. The event is free and open to the public. For more information call 305-348-7266. PREACHING ANNIVERSARY Congratulations to Min- ister M. Dolores Rich- ardson, who will celebrate her preaching anniversary at 10 a.m. Sunday, Oct. 14, at The Church of God Tabernacle (True Holi- ness), 1351 NW 67th St. in Liberty City, where her father-in-law Bishop Wal- ter H. Richardson is the Pastor and overseer. Minister Richardson was called to the ministry in 2006, and was licensed to preach in 2007. She is the wife of the Rev. Dr. Walter T. Richardson and they are the parents of two adult children, Walter LaMark Richardson and LaKisha Richardson Jones; the grandparents of 12, and the great-grandparents of four. Minister Richardson is a breast cancer survivor and is asking all attendees to wear something in any shade of pink in honor of Breast Cancer Awareness Month. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, October 16, 2018, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing City Manager to enter into a multi- year agreement with Becker & Poliakoff for Lobbying and Consulting Services. A Resolution authorizing the City Manager to enter into a multi -year agreement with Compquip Technologies, LLC an authorized reseller of Check Point LTD, for maintenance and subscription service for the Police firewall appliance. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article 6, Section 20-6.1(A) (3)(a)(iii) to conform to the Charter amendment approved by referendum at the August 28, 2018 special election. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant 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 proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.