08-04-09 Item 20South Miami
M aedcaCky
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager., -
From: Thomas J. Vageline, Director
Planning and Zoning Departmen
Date: August 4, 2009 ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.7(F) ENTITLED "REZONING AND
TEXT AMENDMENTS: NEIGHBORHOOD CONCURRENCE" IN ORDER TO
MAKE A LEGAL CORRECTION BY SUBSTITUTING THE WORD
AWARENESS FOR CONCURRENCE; AND TO ADD AN ALTERNATIVE
REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED
REZONING AND TEXT AMENDMENT APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
In July, 1999 the City Attorney ruled that a section of the Land Development Code listing
the requirements for submitting an application for a public hearing was not legal. The
City Attorney opined that Section 20 -5.5 (B) requiring an applicant to obtain concurrence
from at least 20% of the surrounding property owners before submitting an application
was not legal. He advised that sections of the Code which mandated "concurrence"
should be changed. The Planning Board and City Commission felt that the main objective
of this regulation was to give advanced notice to surrounding owners that an application
submission had been made and therefore the word "awareness" was recommended to
replace "concurrence ".
The City Commission at its November 16, 1999 meeting adopted Ordinance No. 21 -99-
1695 which amended Section 20 -5.5 (B) by changing the word "concurrence" to
"awareness" This section provides regulations governing all applications (variances,
special uses, special exceptions, Comprehensive Plan applications, rezoning and text
amendments). The Planning and Zoning Department during the past decade has required
all applicants to submit an awareness petition or an awareness mail notice as set forth in
the 1999 legislation.
2
TECHNICAL CORRECTION AMENDMENT
It was recently pointed out that a separate part of the section governing public hearing
applications still contained the wording "concurrence" and did not provide for an
alternative awareness process. This section (Section 20 -5.7) entitled "Rezoning and text
amendments ", sets forth certain additional application requirements, however, subsection
(F) was not adjusted in 1999 to remove the word "concurrence" and to add in a mail
notice as an alternative awareness process. A technical amendment as shown below will
correct the situation and remove the non - compatibility with the general application
requirements in Section 20- 5.5(B).
During a review of the proposed correcting amendment the Planning Board felt that the
notification of awareness process also needed to be updated. The Board felt the current
regulations allowed for a 20% signature process or a mail out to 50% of the owners of
property within 500 feet had a basic flaw. It was agreed that the applicant could carry out
either of the two limited notification procedures and could avoid sending a notice to
abutting property owners. The Board proposed that the mail notice of an application
filing should be sent to all owners within the 500 foot radius with special certified mail
notices to abutting owners. In addition the Board felt that the 20% signature alternative
was not sufficient to accomplish proper notification and should be eliminated. The
Board's recommendations are included in the amendment set forth below.
PROPOSED AMENDMENTS (also see proposed ordinance)
_(new wording shown in bold/underlined; wording to be removed shown in strike Areieglo
Article V. Procedures and Applications
Section 20 -5.7 Rezoning and text amendments.
(A) Multiple Properties. Multiple properties in any single application for a
rezoning shall be contiguous to one another or accompanied by a unity of title agreement.
(B) City Initiated Applications. An application for a rezoning or text
amendment may be initiated by the city, commission, planning board, environmental
review board or city administration.
(C) Intergovernmental Notice. When an application for a proposed rezoning
involves a property located within five hundred (500) feet of the
jurisdictional limits of the county or City of Coral Gables, notice of such
application, specifying the date, time and place of any scheduled public
hearings, shall be transmitted to the planning departments or governing
bodies of said jurisdictions.
3
(D) Rezoning Reapplication. No reapplication for a rezoning shall be accepted
by the city within twelve (12) months of the date of final disapproval by the city
commission of a previous application for a change in zoning involving the same or
substantially the same property, unless evidence is submitted to and accepted by the city
commission which justifies such reconsideration.
(E) Application Requirements. With the complete application, applicants shall
also submit a letter of intent, a property survey by a registered surveyor and a document
indicating the written sworn consent of the owners of at least seventy -five (75) percent of
the subject property or persons with a contract to purchase conditioned on rezoning
approval. Such consent may be given by duly authorized agents of owners and agency
shall be evidenced by a proper written power of attorney.
(F) Neighborhood Awareness. All applications for a rezoning
shall be accompanied by a map which reflects all properties and the names of all property
owners within a five hundred 50) foot radius of the subject property.
the
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A notarized affidavit shall be presented to the Planning and Zoning
Department within five (5) business days of submittal of an accepted application,
attesting that the applicant gave notice of the proposed application to all the
Property owners within the noted five hundred (500) foot radius by regular U.S.
mail with the exception of the abutting, or contiguous, property owners, who shall
be made aware via Certified Mail. The affidavit shall be accompanied by a copy of
the notification letter together with copies of the Certified Mail receipts.
PLANNING BOARD ACTION
The Planning Board at its May 26, 2009 meeting conducted a public hearing on the
proposed amendments. The Board at its June 23, 2009 meeting adopted a motion by a
vote of 5 ayes 0 nays recommending approval.
RECOMMENDATION
It is recommended that the attached ordinance be adopted on second reading.
Attachments:
Draft ordinance
Planning Board Minutes Excerpt 6 -23 -09
Planning Board Minutes Excerpt 5 -26 -09
Planning Dept. Staff report 6 -23 -09
Public Notices
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.7(F) ENTITLED "REZONING AND
TEXT AMENDMENTS: NEIGHBORHOOD CONCURRENCE" IN ORDER TO
MAKE A LEGAL CORRECTION BY SUBSTITUTING THE WORD
AWARENESS FOR CONCURRENCE; AND TO ADD AN ALTERNATIVE
REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED
REZONING AND TEXT AMENDMENT APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in July, 1999 the City Attorney ruled that a section of the Land
Development Code listing the requirements for submitting an application for a public
hearing was not legal.; and
WHEREAS, the City Attorney opined that any section of the Land Development
Code requiring an applicant to obtain "concurrence" from surrounding property owners
before submitting an application was not legal and that the word "awareness" could be
substituted for concurrence; and
WHEREAS, the City Commission in November 1999 amended several LDC
sections by changing the word "concurrence" to "awareness" ; and
WHEREAS, it was recently discovered the LDC section (Section 20- 5.7(F)
requiring public hearings for rezoning and text amendments still contained a procedure
requiring an applicant to obtain "concurrence" from surrounding property owners and
therefore was non - compatible with the general application requirements for other public
hearing applications; and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
Section 20- 5.7(F) of the Land Development Code which stating that the advanced notice of
the fling of an application for rezoning or a text amendment is for the purpose of
awareness only; and
WHEREAS, the Planning and Zoning Department also prepared a technical
amendment to the same section of the Land Development Code to provide the same
alternative methods for the awareness notification as set forth for other public hearings;
and
WHEREAS, the Planning Board at its May 26, 2009 meeting, after public hearing,
deferred action on the proposed amendments in order to allow staff to recommend revised
procedures for providing the advanced awareness notice of the filing of all application for
public hearings; and
2
1 WHEREAS, the Planning Board at its June 23, 2009 meeting adopted a motion by
2 a vote of 5 ayes 0 nays recommending approval of proposed amendments to Section 20-
3 5.7(F) of the Land Development Code; and
4
5 WHEREAS, the City Commission desires to accept the recommendation of the
6 Planning Board and enact the aforesaid amendment.
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
9 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
10
11 Section 1. That Section 20- 5.7(F) entitled "Rezoning and text amendments" of the Land
12 Development Code is hereby amended as follows:
13
14 Article V. Procedures and Applications
15
16 Section 20 -5.7 Rezoning and text amendments.
17
18 (A) Multiple Properties. Multiple properties in any single application for a rezoning
19 shall be contiguous to one another or accompanied by a unity of title agreement.
20
21 (B) City Initiated Applications. An application for a rezoning or text amendment may
22 be initiated by the city commission, planning board, environmental review board or city
23 administration.
24
25 (C) Intergovernmental Notice. When an application for a proposed rezoning involves a
26 property located within five hundred (500) feet of the jurisdictional limits of the county or City of
27 Coral Gables, notice of such application, specifying the date, time and place of any scheduled
M public hearings, shall be transmitted to the planning departments or governing bodies of said
29 jurisdictions.
30
31 (D) Rezoning Reapplication. No reapplication for a rezoning shall be accepted
32 by the city within twelve (12) months of the date of final disapproval by the city
33 commission of a previous application for a change in zoning involving the same or
34 substantially the same property, unless evidence is submitted to and accepted by the city
35 commission which justifies such reconsideration.
36
37 (E) Application Requirements. With the complete application, applicants shall
38 also submit a letter of intent, a property survey by a registered surveyor and a document
39 indicating the written sworn consent of the owners of at least seventy -five (75) percent of
40 the subject property or persons with a contract to purchase conditioned on rezoning
41 approval. Such consent may be given by duly authorized agents of owners and agency
42 shall be evidenced by a proper written power of attorney.
43
44 (F) Neighborhood r - -ne Awareness. All applications for a rezoning shall
45 be accompanied by a map which reflects all properties and the names of all
46 property owners within a five hundred (500) foot radius of the subject property.
47
48 ,
49 A notarized affidavit shall be presented
50 to the Planning and Zonine Department within five (5) business days of
51
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submittal of an accepted application, attesting that the applicant gave notice of
the proposed application to all the property owners within the noted five
hundred (500) foot radius by regular U.S. mail with the exception of the
abutting, or contiguous,. property owners, who shall be made aware via
Certified Mail. The affidavit shall be accompanied by a copy of the notification
letter together with copies of the Certified Mail receipts.
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3 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.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
Is' Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2009
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
(New wording in bold and underlined; wording removed in )
X: \Comm Items\2009 \7- 28- 09\LDC Amend Rezone Aware Revised Ord.doc
Up
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INCORPORATED
1927
O�tORA
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, June 23,2009,
City Commission Chambers
7 :30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Cruz, Mr. Whitman, Mr.
Farfan, and Ms. Young. Absent: Ms. Yates, Mr. Comendeiro
City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant), Lourdes Cabrera- Hernandez (Principal Planner), Ms. Maria
Stout -Tate (Administrative Assistant II).
IV. Planning Board Applications/Public Hearings
M) PB -09 -013 (continuation) (deferred from 5 -26 -09 meeting)
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
SECTION 20- 5.7(F) ENTITLED "REZONING AND TEXT AMENDMENTS:
NEIGHBORHOOD CONCURRENCE" IN ORDER TO MAKE A LEGAL
CORRECTION BY SUBSTITUTING THE WORD AWARENESS FOR
CONCURRENCE; AND TO ADD AN ALTERNATIVE REQUIREMENT FOR
NOTIFYING PROPERTY OWNERS OF A FILED REZONING AND TEXT
AMENDMENT APPLICATION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Henry Farfan read into the record.
Mr. Youkilis stated that the Board had deferred this technical item at the last meeting. The
item had two parts. The first part of the amendment to Section 20- 5.7(F) proposed the
Planning Board Meeting Excerpt
June 23, 2009
Page 2 of 3
removal of the word "awareness ". The second part of the amendment inserted the same
awareness notification that was required for all applications *requiring public hearings in
Section 20- 5(B)(2). There was a concern that the phrase about 50 % of the neighbors within a
500 foot radius needed to be revisited. It was agreed that the 50 % minimum number may not
include abutting properties immediately affected by an application. There was also a question
about the 20% signature process which might not include the adjacent neighbors. Staff
suggested the following LDC Amendment revised proposal:
The applicant shall send a mail notice that an application has been filed to all
listed property owners within the five hundred (500) foot radius of the subject
property. The applicant shall submit a copy of the notification letter and an
affidavit attesting that the applicant did mail an awareness notice of the
proposed application.
Mr. Youkilis went on to say that as far as the utilization of registered mail verses regular mail,
staff has found that using regular, mail is better than registered mail due to the fact that people
tend to pick up regular mail more readily compared to registered mail. Registered mail is also
far more expensive.
Mr. Morton read into the record two alternatives related to the awareness notification.
Mr. Morton said that the second alternative wording would remove the signatory requirement
and it would read: (F) Neighborhood Awareness. All applications for a rezoning shall be
accompanied by a map which reflects all properties and the corresponding names of all
property owners within a five hundred (500) foot radius of the subject property. A notarized
affidavit shall be presented to the Planning Department within five (5) days of submittal of an
accepted application, attesting that the applicant gave notice of the proposed application to
all the property owners within the noted five hundred (500) foot radius by regular U.S. Mail,
with the exception of the abutting, or contiguous property owners, who shall be made aware
via Certified Mail. The affidavit shall be accompanied by a copy of the notification letter,
together with copies of the Certified Mail receipts.
Mr. Morton stated that the above would guarantee that the abutting neighbors were contacted.
He went on to compare the cost of regular and certified mail that the applicant would have to
be responsible for. Mr. Youkilis agreed with Mr. Morton's alternative wording for PB -09-
013.
Ms. Young questioned about the type of map that would be used to define the area. Mr.
Youkilis stated that the map is usually in the shape of a circle, and that the companies which
do this work, know the type of map to use. We never had a problem with the map.
Mr. Vageline stated that in reference to the Planning Department it should say "Planning &
Zoning Department ", so that it would match what is written in the Code.
Ms. Young wanted to know if the five days should be 5 "business days ". Mr. Cruz inquired if
this meant 5 business days or continuous days. Mr. Youkilis stated that it would be 5 business
Planning Board Meeting Excerpt
June 23, 2009
Page 3 of 3
days. Mr. Cruz requested staff to place the wording 5 "business" days instead of just 5
"days"
Mr. Vageline stated that the procedure would be that if the Board feels that the language in
one of the two alternative wordings is better, then go ahead and make a motion to amend the
original wording to be what would be preferred.
Mr. Whitman inquired about the mailing process and asked if it was in the code. Mr. Morton
asked if there was a need for the redundancy. Mr. Youkilis answered yes to both questions.
Motion: Mr. Morton moved and Ms. Young seconded the motion to recommend that PB -09-
013 be modified by the second alternative wording handout, and also modifying Planning and
Zoning Department, and 5 "business" days.
Vote: 5 -0
Mr. Youkilis interjected by saying to the Board that this motion was to only to approve the
substitute wording. The Board should vote on the amended ordinance.
Motion: Mr. Morton moved and Ms. Young seconded that the Board approves the proposed
amendment as amended.
Vote 5 -0
XXomm Items\2009 \7- 28 -09\PB Minutes 06.23.09 Excerpt Rezone.doc
To: Honorable Chair and Date: June 23, 2009
Planning Board Members
From: Thomas J. Vageline: Director Re: LDC Amendment — Rezoning awareness
Planning and Zoning Departme Petition Sec. 20- 5.7(F)
SUPPLEMENTAL REPORT
PR -09 -013
Applicant: City of Soutli Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
SECTION 20- 5.7(F) ENTITLED "REZONING AND TEXT AMENDMENTS:
NEIGHBORHOOD CONCURRENCE" IN ORDER TO MAKE A LEGAL
CORRECTION BY SUBSTITUTING THE WORD AWARENESS FOR
CONCURRENCE; AND TO ADD AN ALTERNATIVE REQUIREMENT FOR
NOTIFYING PROPERTY OWNERS OF A FILED REZONING AND TEXT
AMENDMENT APPLICATION; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
PLANNING BOARD ACTION
The Planning Board at its last meeting deferred action on the above LDC amendment in order to
allow staff to bring back alternative language concerning the awareness notification
requirement. The first part of the amendment to Section 20- 5.7(F) proposed the removal of the
word "awareness ". The second part of the amendment inserted the ,same awareness notification
that was required for all applications requiring public hearings in Section 20- 5(B)(2).
During discussion the Board felt that the alternative notification method (registered mail to 50%
of the owners within the 500 foot radius) needed to be revised. It was agreed that the 50%
minimum number may not include abutting properties immediately affected by an application.
The Board suggested changing the notification requirement to 100 %.
LDC AMENDMENT ORIGINAL PROPOSAL ( MAY, 2009)
Section 20 -5.7 Rezoning and text amendments
(F) Neighborhood Awareness. All applications for a rezoning shall be
accompanied by a map which reflects all properties and the names of all property owners within
a five hundred (500) foot radius of the subject property. The applicant, shall obtain and submit
the signatures of at least twenty (20) percent of such property owners, indicating their awareness
Of Qna -- `' the proposed rezoning petition or, in the event the applicant is
unsuccessful in securing the required signatures an affidavit attesting that the applicant
LDC Amendment
June 23, 2009
Page 2 of 2
gave notice of the proposed application by registered mail to at least fifty (50) percent of
the owners in the area.
LDC AMENDMENT REVISED PROPOSAL
(F) Neighborhood Awareness. All applications for a rezoning shall be
accompanied by a map which reflects all properties and the names of all property owners within
a five hundred (500) foot radius of the subject property. The applicant shall send a mail notice
that an application has been filed to all listed property owners within the five hundred
(500). foot radius of the subject property. The applicant shall submit a copy of the
notification letter and an affidavit attesting that the applicant did mail an awareness
_notice of the proposed application. obtain and ---b-4 `t o (20)
b
indi-ating
proposed
b
RECOMMENDATION
If the Board concurs with the rewording (revised proposal) suggested by staff above, a follow -
up amendment to Section 20- 5.5(B)(2) "Applications requiring public hearings" will be
presented to the Board at its next meeting. The proposed language on the awareness notification
will be the same as adopted by the Board for the above amendment.
It is recommended that the proposed alternative amendment to Section 20 -5.7 (F) as set forth
above be approved.
Attachments:
Planning Staff Report , 5 -26 -09
Public Notices
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To: Honorable Chair and Date: May 26, 2009
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Amendment — Rezoning awareness
Planning and Zoning Departme Petition Sec. 20- 5.7(F)
PB -09 -013
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
SECTION 20- 5.7(F) ENTITLED "REZONING AND TEXT AMENDMENTS:
NEIGHBORHOOD CONCURRENCE" IN ORDER TO MAKE A LEGAL
CORRECTION BY SUBSTITUTING THE WORD AWARENESS FOR
CONCURRENCE; AND TO ADD AN ALTERNATIVE REQUIREMENT FOR
NOTIFYING PROPERTY OWNERS OF A FILED REZONING AND TEXT
AMENDMENT APPLICATION; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
During its current review of the entire Land Development Code the Planning and Zoning
Department staff has determined that certain provisions need immediate consideration due to
legal problems, technical wording errors, or to respond to specific issues which the Department
is facing and can not resolve.
In July, 1999 the City Attorney ruled that a section of the Land Development Code listing the
requirements for submitting an application for a public hearing was not legal. The City Attorney
opined that Section 20 -5.5 (B) requiring an applicant to obtain concurrence from at least 20% of
the surrounding property owners before submitting an application was not legal. He advised that
sections of the Code which mandated "concurrence" should be changed. The Planning Board
and City Commission felt that the main objective of this regulation was to give advanced notice
to surrounding owners that an application submission had been made and therefore the word
"awareness" was recommended to replace "concurrence ".
The City Commission at its November 16, 1999 meeting adopted Ordinance No. 21 -99 -1695
which amended Section 20 -5.5 (B) by changing the word "concurrence" to "awareness" This
section provides regulations governing all applications (variances, special uses, special
exceptions, Comprehensive Plan applications, rezoning and text amendments). The Planning
and Zoning Department during the past decade has required all applicants to submit an
awareness petition or an awareness mail notice as set forth in the 1999 legislation.
LDC Amendment
May 26, 2009
Page 2 of 3
TECHNICAL CORRECTION AMENDMENT
It was recently pointed out that a separate part of the section governing public hearing
applications still contained the wording "concurrence" and did not provide for an alternative
awareness process. This section (Section 20 -5.7) entitled "Rezoning and text amendments ", sets
forth certain additional application requirements, however, subsection (F) was not adjusted in
1999 to remove the word concurrence and to add in the alternative awareness process. A
technical amendment as shown below will correct the situation and remove the non-
compatibility with the general application requirements in Section 20- 5.5(B).
PROPOSED AMENDMENT
[new wording shown in boldlunderlined; wording to be removed shown in t4 e t;;-e gh)
Article V. Procedures and Applications
Section 20 -5.7 Rezoning and text amendments.
(A) Multiple Properties. Multiple properties in any single application for a rezoning
shall be contiguous to one another or accompanied by a unity of title agreement.
(B) City Initiated Applications. An application for a rezoning or text amendment may
be initiated by the city commission, planning board, environmental review board or city
administration.
(C) Intergovernmental Notice. When an application for a proposed rezoning involves
a property located within five hundred (5 00) feet of the jurisdictional limits of the county or
City of Coral Gables, notice of such application, specifying the date, time and place of any
scheduled public hearings, shall be transmitted to the planning departments or governing bodies
of said jurisdictions.
(D) Rezoning Reapplication. No reapplication for a rezoning shall be accepted by the
city within twelve (12) months of the date of final disapproval by the city commission of a
previous application for a change in zoning involving the same or substantially the same
property, unless evidence is submitted to and accepted by the city commission which justifies
such reconsideration.
(E) Application Requirements. With the complete application, applicants shall also
submit a letter of intent, a property survey by a registered surveyor and a document indicating
the written sworn consent of the owners of at least seventy -five (75) percent of the subject
property or persons with a contract to purchase conditioned on rezoning approval. Such consent
may be given by duly authorized agents of owners and agency shall be evidenced by a proper
written power of attorney.
(F) Neighborhood r- -no •••••IP•--�. Awareness. All applications for a rezoning shall be
accompanied by a map which reflects all properties and the names of all property owners within
a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit
the signatures of at least twenty (20) percent of such property owners, indicating their awareness
Of the proposed rezoning petition or, in the event the applicant is
xzv ax zczxcclrrcaz _
unsuccessful in securing the required signatures an affidavit attesting that the applicant
LDC Amendment
May 26, 2009
Page 3 of 3
,2ave notice of the proposed application by registered mail to at least fifty (50) percent of
the owners in the area.
RECOMMENDATION
It is recommended that the proposed amendments to Section 20 -5.7 (F) as set forth above be
approved.
Attachments:
Ord. No. 21 -99- 1695).
Public Notices
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ORDINANCE� NO. 21 -99 -16 95
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
program to update, clarify, and improve the provisions of the City's Land Development Code;
and
WHEREAS, after review and consideration, the Planning and Zoning Department has
recommended amending certain provisions of Section 20 -5.5 pertaining to application
procedures for items requiring public hearings; and
WHEREAS, a specific amendment to Section 20 -5.5 was included in the Land Development
Code Proposed Technical Amendments 99 -A document which was reviewed by the Planning
Board at a public workshop held on October 26, 1999; and
WHEREAS, on November 9, 1999, after Public Hearing regarding the proposed amendment
to Section 20 -5.5 of the Land Development Code, the Planning Board voted 7 -0 to transmit the
proposed amendment to the City Commission; and
WHEREAS, the City Commission desires to accept the recommendations of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE; BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -5.5, "Applications Requiring Public Hearings," and more
specific, subsection (B) entitled "Required Submittal," of the South Miami Land Development
Code is hereby amended to read as follows:
Section 20 -5.5 Applications requiring public hearings.
The following procedures shall be followed for all applications requiring a public hearing
before the Planning Board and City Commission, including all applications for rezoning, text
amendments, special uses, variances and home occupational licenses.
(A) Pre - application Conference. Prospective applicants shall first schedule a pre -
application meeting with the director of Building and Zoning to discuss and analyze
the proposed application request. No statements made or information given during
such pre - application conference shall be binding upon the City or prospective
applicant.
Page 2 of Ord. No. 21 -99 -1695
(B) Required Submittal. At least thirty 30 calendar days prior to the
first scheduled public hearing date on the application, the applicant shall file a
formal application with the Building and Zoning department. At the time of this
filing, the applications shall include:
(1) A property survey by a registered surveyor;
(2) The signatures of at least twenty (20) percent of all property owners within five
hundred (500) feet of the subject property, showing their awareness of and
GORGUTFORGO the proposed application, or, in the event the applicant is
(3) (?41hree (3) sets of mailing labels containiniz the name and address of all
property owners of record,- as reflected on the Miami Dade County Property
Appraiser's tax roll as updated within a five hundred (500) foot radius of the
validity of the mailing lists•
(4) ( -3)A site plan showing the proposed project and all required yard setbacks and
other
requirements; and
(5) �4-)The appropriate filing fee.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. 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.
Section 4. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 16th
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
1st Reading: 11/2/99
2nd Readi 13/16/99
CITY ATTORNEY
day of November'-,1999
APPROVED:
MAYOR
Commission Vote:
5 -0
Mayor Robina:
Yea
Vice Mayor Russell
Yea
Commissioner Bass:
Yea
Commissioner Bethel:
Yea
Commissioner Feliu:
Yea