Ord No 12-23-2463ORDINANCE NO. 12-23-2463
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAM1, FLORIDA, AMENDING ARTICLE VI,
"ADMINISTRATION AND ENFORCEMENT," SECTION 20-6.1,
"ADMINISTRATIVE ENTITIES," OF THE CITY'S LAND
DEVELOPMENT CODE, CONSISTENT WITH ARTICLE II, SECTION
6.D.1 OF THE CITY OF SOUTH MIAMI CHARTER, AS AMENDED
FOLLOWING VOTER APPROVAL IN NOVEMBER 2022, TO REDUCE
THE NUMBER OF CITY COMMISSION VOTES NEEDED TO MODIFY
LAND USE AND DEVELOPMENT REGULATIONS TO MAKE THEM
LESS RESTRICTIVE FROM FIVE AFFIRMATIVE VOTES TO FOUR
AFFIRMATIVE VOTES; PROVIDING FOR CORRECTIONS;
CODIFICATION; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE
DATE.
WHEREAS, Article V III, Section 2 of the Florida Con stitution, and C h apter 166, Florida
Statutes, provide municipalities w ith the authority to exercise any power for municipal purposes ,
except where prohibited by law, and to adop t ordi nances in furtherance of such authori ty; and
WHEREAS, the C ity Commi ssion (the "Com mi ss ion ") of t h e C ity of Sou th Miami (the
"Ci ty") finds it periodically necessary to amend its Code of Ordinances a nd Land Developm e n t
Code ("Code") in order to update regulations and p rocedures to maintain consis tency with state
law, its charter, and mun icipal goa ls and obj ectives; and
WHEREAS, on Nove mber 8 , 2022, electors of the City of Sou th Miam i approved an
amendment to Article II, Section 6.D. I of the City's C harter, reducing the number of votes of t he
Commiss ion, from five affim1ative votes to four affirmative votes, required to amend land u se and
development regu lations to make them less re stric t i ve; and
WHEREAS, Artic le VI, Section 20-6.1 (A)(3)(a) currently requires fi ve votes of the City
Commission "to e nact an amendment to land use a nd development regulations in a n y manner to
make them less restrictive in all areas of the C i ty other than the Comm e rcial Core;" a nd
WHEREAS, the C ity d es ires to keep consistency and continuity between the C ity's
C h arter and th e C ity's Code; and
WHEREAS, the C ity desires to amend Article V [, Sectio n 20 -6.1 of the Code to conform
with the November 8, 2022 Charter amendment;
WHEREAS, the P la nning Board, s i tti ng as th e C ity's local planning agency in accord ance
w ith Chapter 163 , F lorida S tatutes, reviewed t he proposed amendments set forth in thi s ord in ance
at a duly noticed publ ic hea ring on July 11, 2023, and recommend approval of the propose code
amendment to th e C ity Co mmi ssion ; and
Page 1 of 4
Ord. No, 12-23-2463
WHEREAS, the City Commission held its first public hearing on the proposed code
amendment on August 1, 2023, and, having complied with the notice requirements in the Florida
Statutes, approved the proposed amendments on first reading; and
WHEREAS, the City Commission has conducted a second duly noticed public hearing on
the proposed code amendments as required by law on August 15, 2023 and further finds the
proposed change to the Code is necessary, consistent with the City's Comprehensive Plan, and in
the best interest of the City and community.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. Amending Article VI, Section 20-6.1 of the Code. That Article VI, Section
20-6.1 of the Code is hereby amended to read as follows 1:
Article VI, Section 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 £Hl6-iii. below, not less than three (3)
affirmative votes of the City Commission shall be required to pass or
enact an agenda item.
11. With the e:1teef)ti0a set ferth ia iii belew, f .E our ( 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, and to -;-
m. Fi¥e (5) affirmati¥e Yates ef the City Cemmissiea shall be reEfHi-I=ed ta
enact an amendment to land use and development regulations in any
manner to make them less restrictive in all areas of the City ether thaa
the Cemmereial Gere whese eeaadaries are defiaed ia Artiele II,
Seotiea ~, f)aragi:af)h D.1. ef the City Charter. An amendment is "less
restrictive" if any one ( 1) of the following occurs:
1 Coding: SailEe~Feugh "NeFels are deletions to the existing words. Underljned words are additions to the existing words.
Changes between first and second reading are indicated with highlighted Elett~le stt:ihe,hrettgh and double underline
Page 2 of 4
Ord. No, 12-23-2463
a. The amendment increases density, intensity, floor area ratio
or building height.
b. The amendment allows lesser setbacks or building
separation requirements.
c. The amendment allows greater building coverage or
impervious coverage than the maximum, or less coverage
than the minimum, allowed by existing regulations.
d. The amendment adds a use to a zoning district that has a
higher intensity than any of the existing uses. The intensity
of a use shall be determined by projected trip generation
rates, as set forth in the Institute of Transportation Engineers,
Trip Generation Manual, last amended edition.
1v. An amendment is not less restrictive if it decreases density, intensity,
floor area ratio or building height, if it requires greater setbacks or
building separation requirements, if it provides for less building
coverage or lot coverage, or if it adds a use to a zoning district that has
the same or a lower intensity than any of the existing uses. The
intensity of a use shall be determined by projected trip generation rates,
as set forth in the Institute of Transportation Engineers, Trip
Generation Manual, last amended edition.
* * *
Section 3. Corrections. Conforming language or technical scrivener-type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final
Ordinance for signature.
Section 4. Codification. That it is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the City's Land
Development Code, and that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions, and that the word Ordinance shall be changed to Section or other
appropriate word where necessary.
Section S. 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, the holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 6. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are hereby repealed to the extent of such conflict.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption on second reading.
PASSED AND ADOPTED on First Reading this~ day of August, 2023.
Page 3 of 4
Ord. No, 12-23-24 63
P ASSED AND A DOPTE D o n Seco nd Reading th is 15 th day of A ugust, 2023 .
ATTEST:
c ~
READ AND APPROVED AS T O FORM,
L ANGUAGE, L EGALITY, AND
EXECUTION THEREOF
First R ea ding :
Moved By: Mayor F e rn a nd ez
Seconde d By: Co mmi ss io ner Call e
Second a nd Final Reading:
Moved By: Commissio ne r Li e bman
Seconded B y: V ice Mayor Bonich
APPROVED:
~
COMMIS S ION VOTE O N FINAL
ADOPTION: 5 -0
Mayor Fernand ez:
Vice Mayor Boni c h:
Commi ss io ne r Ca ll e:
Yea
Yea
Yea
Commiss io n e r Corey: Yea
Commiss io ne r Liebman: Yea
P age 4 of 4
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: August 15, 2023
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
ARTICLE VI, “ADMINISTRATION AND ENFORCEMENT,” SECTION 20-6.1, “ADMINISTRATIVE ENTITIES,” OF
THE CITY’S LAND DEVELOPMENT CODE, CONSISTENT WITH ARTICLE II, SECTION 6.D.1 OF THE CITY
OF SOUTH MIAMI CHARTER, AS AMENDED FOLLOWING VOTER APPROVAL IN NOVEMBER 2022, TO
REDUCE THE NUMBER OF CITY COMMISSION VOTES NEEDED TO MODIFY LAND USE AND
DEVELOPMENT REGULATIONS TO MAKE THEM LESS RESTRICTIVE FROM FIVE AFFIRMATIVE VOTES
TO FOUR AFFIRMATIVE VOTES; PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY;
CONFLICTS; AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER LIEBMAN)
Suggested Action:
Attachments:
Ordinance_Amending_Article_VI_-_Staff_Report_08012023 (2).docx
Ordinance_-_Amending_Vote_Requirements_for_Land_Development_Regulations_-_SR.docx
MDBR Ad.pdf
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:August 15, 2023
SUBJECT:RESOLUTION RELATED TO AN AMENDMENT TO ARTICLE VI –SECOND READING.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance modifying the land use and development
regulations to make them less restrictive within the City.
REQUEST:
To update the Land Development Code (“LDC”) provisions for the requirements for how many
votes are needed to modify land use and development regulations to make them less restrictive
within the City of South Miami.
BACKGROUND:
On November 8, 2022, electors of the City of South Miami approved an amendment to Article II,
Section 6.D.1 of the City’s Charter, reducing the number of votes of the Commission, from five
affirmative votes to four affirmative votes, required to amend land use and development
regulations to make them less restrictive.
The proposed Ordinance amends Article VI, “Administrative and Enforcement” of the City’s Land
Development Code to be consistent with Article II, Section 6.D.1 of the City’s Charter.
PREVIOUS ACTION:
On July 11, 2023, the Planning Board recommended approval of the proposed Ordinance by a
vote of 6 to 0.
Attachments:
Draft Ordinance
City Notice of Public Hearing
Legal Ad
2
7
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAM I-DADE :
Before the undersigned authority personally appeared
ROSANA SALGADO , who on oath says th at he or she is the
LEGAL CLERK , Legal Notices of the Mi ami Daily Bu si ne ss
Review f/k/a Miami Review , of Miam i-Dade County, Florida ;
that the attached CO!l't of advertisement, being a Legal
Advertisement of Notice in the matter of
CITY OF SOUTH MIAM I -PUBLIC HEARING -AUG. 15 , 2023
in the XXXX Co urt,
was published in a newspaper by print in the iss ue s of Miami
Daily Busi,:i ess Review f/k/a Miami Review on
0B/04/2023
Affiant further says that the newspaper complies with all
lega l requirements for publ ication in chapter 50 , Florida y
Sworn to and subscribed before me this
4 day of AUGUST , A .O. 2023
ROSANA SALGADO personally known to me
CITY· OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing
on Tuesday. August 15. 2023. at 7:00 p .m .. to consider the following pub lic
hearing item(s):
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MULTI-YEAR AGREEMENT FOR THE ENFORCEMENT OF SCHOOL ZONE
SPEED LIMITS. PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
SEVERAB ILITY AND AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI , FLORIDA, AUTHORIZING THE CITY MANAGER 10 EXECU"TE "THE
INTERLOCAL AGREEMEN1 WITH MIAMI-DADE COUNTY IN ORDER 10
REES"'l"ABLISH THE DISTRIBUTION FORMULA CURRENTLY BEING
USED TO DISTRIBUTE LOCAL OPTION FUEL TAX PROCEEDS BETWEEN THE
COUNTY AND CITY OF SOUTH MIAMI FOR THE 30-YEAR PERIOD INCLUDING
JANUARY 1, 2024, THROUGH DECEMBER 31, 2053; PROVIDING FOR
IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE .
8
..
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING ARTICLE VI, "ADM INISTRATION AND
.ENFORCEMENT." SECTION 20-6.1, "ADM INISTRATIVE ENTITIES ,' OF
I!-lE C'I'!'..2 LAND DEVELOPMENT CODE, CONSISTENT WITH ARTICLE
II, SECTION 6.0.1 OF THE CITY OF SOUTH MIA HARTER, AS
AMENDED FOLLOWll'ilG VOTER APPROVAL IN NOVEMBER 2022, TO .
REDUCE THE NUMBER OF CITY COMMISSION VOTES NEEDED TO MODIFY
LAND USE AND DEVELOPMENT REGULATIONS TO MAKE THEM LESS
RESTRICTIVE FROM FIVE AFFIRMATIVE VOTES TO FOUR AFFIRMATIVE
VOTES; PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY;
CONFLICTS; AND AN EFFECTIVE DATE.
The hearing will be held at c· Hell Commission Chambers 8130 Sunset
Drive South Miami Florida 33143. Commission members will participate
in Chambers or by video conferencing through the Zoom platform and members
of the public may join the meeting via Zoom at (h!m§ifzoom.us/i 3056636338 ,
by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338
when prompted, or in person in the Commission Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they
can participate.
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.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public
that if a person decides to appeal any decision made by the Commission
with respect to this matter, such person must 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 . This notice does not constitute
consent by the City for the introduction or admission of otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. ·
ADA : To request a modification to a policy, practice or procedure or tc
CeQUJ!St ao auxiliary aide or service in order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 business daysoe ore
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmiamifl.gov.
8/4
Nkenga A. Payne, CMC, FCRM
City Clerk
23 -8V0000677079M
SUNDAY AUGUST 6 2023 NEIGHBORS ...................................................................................................15SE
9
am·■ PUBLIC NOTICE
PUBLIC MEETINGS on BUDGET Issues
including Taxes and Fees for the
Fiscal Year 2023-24 Proposed Budget
Miami-Dade County will hold six (6) public meetings throughout the
county to discuss the proposed budget, tax rates, and fee changes.
On each of the locations listed below, the Office of Management and
Budget will make a presentation to discuss the Fiscal Year 2023-24
Proposed Budget.
Wednesday, August 16, 2023 -6:00 pm
*North Dade Regional Library
2455 NW 183rd Street
Miami Gardens, FL 33056
Northeast Dade -Aventura Branch Library
2930 Aventura Blvd.
Aventura, FL 33180
*This meeting will also be broadcasted in a virtual format at
https://miamIdade.live/PublicMeetingAug16
Thursday, August 17, 2023 -6:00 pm
*Arcola Lakes Branch Library
8240 NW 7th Avenue
Miami, FL 33150
Westchester Regional Library
9445 Coral Way
Miami, FL 33165
*This meeting will also be broadcasted in a virtual format at
https://miamIilade.live/PublicMeetingAug17
Friday, August 18, 2023 -6:00 pm
*West Kendall Regional Library
10201 Hammocks Blvd.
Miami, FL 33196
Naranja Branch Library
14850 SW 280th Street
Miami, FL 33032
*This meeting will also be broadcasted in a virtual format at
https://miamIdade.live/PublicMeetingAug18
All of these sessions are free and open to the public. For further information,
please call John Sarduy at 305-375-5143.
For sign language interpreter services and for materials in accessible format,
call 305-375-5143 five days in advance of the meeting.
For legal ads online, go to http://legalads.miamidade.gov
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing on
Tuesday, August 15, 2023, at 7:00 p.m. to consider the following public hearing item(s):
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI ,
FLORIDA , AUTHORIZING THE CITY MANAGER TO ENTER INTO A MULTI-YEAR
AGREEMENT FOR THE ENFORCEMENT OF SCHOOL ZONE SPEED LIMITS,
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY AND AN
EFFECTIVE DATE .
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY IN ORDER TO REESTABLISH THE
DISTRIBUTION FORMULA CURRENTLY BEING USED TO DISTRIBUTE LOCAL
OPTION FUEL TAX PROCEEDS BETWEEN THE COUNTY AND CITY OF SOUTH
MIAMI FOR THE 30-YEAR PERIOD INCLUDING JANUARY 1, 2024 , THROUGH
DECEMBER 31 , 2053; PROVIDING FOR IMPLEMENTATION; CORRECTIONS ;
SEVERABILITY; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING ARTICLE VI, "ADMINISTRATION AND ENFORCEMENT,"
SECTION 20-6 .1, "ADMINISTRATIVE ENTITIES," OFTHECITY'S LAND DEVELOPMENT
CODE, CONSISTENT WITH ARTICLE 11, SECTION 6 .D.1 OF THE CITY OF SOUTH
MIAMI CHARTER, AS AMENDED FOLLOWING VOTER APPROVAL IN NOVEMBER
2022, TO REDUCE THE NUMBER OF CITY COMMISSION VOTES NEEDED TO
MODIFY LAND USE AND DEVELOPMENT REGULATIONS TO MAKE THEM LESS
RESTRICTIVE FROM FIVE AFFIRMATIVE VOTES TO FOUR AFFIRMATIVE VOTES ;
PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS;
AND AN EFFECTIVE DATE.
The hearing will be held at City Hall Commission Chambers, 6130 Sunset Drive,
South Miami, Florida 33143. Commission members will participate in Chambers or
by video conferencing through the Zoom platform and members of the public may
join the meeting via Zoom at (https:/ /zoom.us/j/3056636338), by phone by calling
+1-786-635-1003 and entering Meeting ID : 3056636338 when prompted, or in person
in the Commission Chambers, and where their appearance will be broadcast on the
Zoom platform, and where they can participate .
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.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal
any decision made by the Commission with respect to this matter, such person must 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. This notice does not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or service
in order to participate in a City program , activity or event, you must on or before 4:00 p.m. 3 business days
before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone :
305-663-6340, by mail at 6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A . Payne, CMC, FCRM
City Clerk