08-18-09 Item 12South Miami
AII•Amedca City
NEO CITY OF SOUTH MIAMI till.
�c 1927oP OFFICE OF THE CITY MANAGER
o al 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 Department
Date: August 4, 2009
REVISED
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-
6.1 (A)(3) ENTITLED "ADMINISTRATIVE ENTITIES -CITY COMMISSION" IN ORDER TO
REVISE PROVISIONS RELATED TO THE VOTE REQUIREMENT OF CITY COMMISSION
ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND USE AND
DEVELOPMENT REGULATIONS WHICH WILL BE CONSISTENT WITH THE CHARTER
AMENDMENT ADOPTED 'NOVEMBER 4, 2008; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
SUMMARY
The South Miami City Charter was amended by the voters on November 4, 2008. One of the amendments
approved included changes to the City Commission's voting procedure on resolutions and ordinances,
Article II (D)(1). The changes adopted were: (1) a requirement that the application of any land use or
development regulation which results in less restrictions will require four affirmative votes of the
Commission to adopt; (2) a requirement that the amendment of any land use or development regulation
which results in less restrictions will require five affirmative votes of the Commission to adopt.
CURRENT LDC REGULATIONS
The Land Development Code Section 20 -6.1 entitled "Administrative entities" contains a listing of the
membership, duties and procedures for each governmental body involved in decision making on zoning
issues (Planning Board, ERPB, Historic Board). The City Commission's role is also spelled out including
the number of votes needed to adopt or approve a zoning application. It is this section which is impacted
by the Charter amendments adopted in 2008. The current section on the City Commission (A)(3)
"Procedures" must be amended in order to make the LOC compatible with the new Charter provisions.
The attached ordinance amending Section 20- 6.1(A)(3) "Administrative entities- Procedures" includes
minor technical revisions as well as the new provisions adopted by the voters in November 2008.
PLANNING BOARD ACTION
The Planning Board at its May 26, 2009 meeting conducted a public hearing and at its meeting on June
23, 2009 adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed
amendments.
2
CITY COMMISSION ACTION
The City Commission at its July 28, 2009 meeting approved the subject ordinance on first reading. During
discussion it was pointed out that the Charter and the proposed legislation used the wording "development
regulations" which is not defined in the Land Development Code. It was agreed that a definition should be
placed in the Code. The City Attorney has advised that the placement of a new definition amends a
separate section of the Code which was not advertised or considered by the Planning Board. The
definition issue should come before the Planning Board for public hearing and recommendation.
RECOMMENDATION '
It is recommended that the proposed amendment as shown in the attached ordinance be adopted; and the
definition of "development regulations" be referred to the Planning Board as a separate action.
Attachments
Draft ordinance
City Charter Article H D (P. 11)
Ord. 27 -08 -1962 (placing issue on ballot)
Official Ballot (Nov. 4, 2008)
Planning Department Staff Report 6 -23 -09
Planning Board Minutes Excerpt 6 -23 -09
City Attorney e -mail 613109)
Planning Board Minutes Excerpt 5 -26 -09
Public Notices
TJV /SAY
X: \Comm Items\2009 \8- 4- 09 \LDC Amend Vote Req CM Revised Report.doc
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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 20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE ENTITIES -CITY
COMMISSION" IN ORDER TO REVISE PROVISIONS RELATED TO THE
VOTE REQUIREMENT OF THE CITY COMMISSION ON ORDINANCES AND
RESOLUTIONS PERTAINING TO THE LAND USE AND DEVELOPMENT
REGULATIONS WHICH WILL BE CONSISTENT WITH THE CHARTER
AMENDMENT ADOPTED NOVEMBER 4, 2008; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article II (D)(1) of the South Miami City Charter was amended by the
voters on November 4, 2008 in order to modify the number of votes needed by the City
Commission to adopt ordinances changing the Comprehensive Plan text, the
Comprehensive Plan Future Land Use Map or applying any development regulation which
in any manner makes them less restrictive; and
WHEREAS, the Land Development Code Section 20- 6.1(A)(3) entitled
"Administrative entities- Procedures " also sets forth the required number of votes needed
by the City Commission to adopt ordinances changing the Comprehensive Plan text, the
Comprehensive Plan Future Land Use Map or applying any development regulation which
in any manner makes them less restrictive; and
WHEREAS, the City Commission voting requirements set forth in Land
Development Code Section 20- 6.1(A)(3) are not compatible with the recent amendments
to Article II (D)(1) of the South Miami City Charter and could result in misunderstandings
or legal issues; and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
Land Development Code Section 20- 6.1(A)(3) in order make this section compatible with
the new provisions in Article II (D)(1) of the South Miami City Charter; and
WHEREAS, the Planning Board at its May 26, 2009 meeting conducted a public _
hearing and at its meeting on June 23, 2009 adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the proposed amendments; and
WHEREAS, the City Commission desires to accept the recommendation 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- 6.1(A)(3) entitled "Administrative entities- Procedures" of the
Land Development Code is hereby amended as follows:
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Section 20 -6.1 Administrative entities.
(A) City Commission.
(3) Procedures.
(a) Voting.
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 approve agenda items.
ii. With the exception set forth • below in (iii) four (4)
affirmative votes of the city commission shall be required to
approve a change, to the adopted Comprehensive Plan, a
a rezoning when a properly
written protest is filed, a variance, a special use, a special
exception, a planned unit
development or to apply current land -use and
development regulations in any manner to make them
less restrictive.
Five (5) affirmative votes of the city commission shall be
required to amend land use and development regulations
in anv manner to make them less restrictive.
(b) Public Hearings.
i.
The. city commission shall hold public hearings when
amending the adopted Comprehensive Plan, amending the
text of this Code, rezoning, approving special uses,
approving special exceptions, granting variances and
permitting nonconforming uses. All other items shall not
require a public hearing for commission action.
ii. Actions upon site plans, variances, administrative appeals,
planned unit developments, nonconforming uses, special
exceptions and special uses shall be by resolution. All other
actions shall be by ordinance.
(c) The city commission may defer action on any application or other
matter before it, for cause, for a reasonable period of time.
(d) The city commission may refer a matter back to the planning board
or the environmental review and preservation board for further
consideration and recommendation.
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(e) When any request requiring a public hearing before the planning
board has been acted upon by the commission and denied or failed
to pass, such proposed change, in the same or similar form shall not
be reconsidered by the commission for -a period of at least one (1)
year following the date of such action
without pr-ejudie-, except in which case reconsideration is possible
after six (6) months fef from the date established for the prior
hearing at the request of the majority of the commission.
(f) Financial Interest.
i. Any member of the city commission who has a special
financial interest, direct or indirect, in any matter shall make
that interest known and shall abstain from participation
therein in any manner.
ii. Willful failure to disclose such financial interest shall
constitute malfeasance in office and shall render the action
voidable by the city commission.
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
1st Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of 32009
APPROVED:
ffurlwfla
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
(New wording in bold and underlined; wording removed in a**l&4hpoup4)
X: \Comm Items\2009 \7- 21- 09\LDC Amend Vote Req. Ord.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 26, 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, Ms. Yates, Mr.
Whitman, Mr. Comendeiro and Mr. Farfan. Absent: Ms. Young.
City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant),), Alerik Barrios (Assistant).
Absent: Ms. Maria Stout- Tate (Administrative Assistant II), Lourdes Cabrera - Hernandez
(Principal Planner).
III. Administrative Matters: Mr. Youkilis informed the Board that the next meeting
will be on June 23, 2009.
IV. Planning Board Applications/Public Hearings
PB -09 -009
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
20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE ENTITIES -CITY COMMISSION" IN
ORDER TO REVISE PROVISIONS RELATED TO THE VOTE REQUIREMENT OF
THE CITY COMMISSION ON ORDINANCES AND RESOLUTIONS PERTAINING
TO THE LAND USE AND DEVELOPMENT REGULATIONS WHICH WILL BE
CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER 4,
2008; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Action: Mr. Cruz read the item into the record.
Planning Board Meeting
May 26, 2009
Page 2 of 4
Mr. Youkilis informed the Board that during the 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.
The South Miami City Charter was amended by the voters on November 4, 2008. One of the
amendments approved included changes to the City Commission's voting procedure on
resolutions and ordinances. The changes adopted were: (1) a requirement that the application
of any land use or development regulation which results in less restrictions will require four
affirmative votes of the Commission to adopt; (2) a requirement that the amendment of any
land use or development regulation which results in less restrictions will require five
affirmative votes of the Commission to adopt.
The Land Development Code Section 20 -6.1 entitled "Administrative entities" contains a
listing of the membership, duties and procedures for each governmental body involved in
decision making on zoning issues (Planning Board, ERPB, Historic Preservation Board). The
City Commission's role is also spelled out including the number of votes needed to adopt or
approve a zoning application. It is this section which is impacted by the Charter amendments
adopted in 2008. The current section on the City Commission (A)(3) "Procedures" must be
amended in order to make the LDC compatible with the new Charter provisions. Mr. Youkilis
recommended approval of an amendment to Section 20 -6.1 Administrative entities.
(A) City Commission.
(3) Procedures.
(a) Voting.
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 approve agenda items.
ii. With the exception set forth below in (iii) four (4) affirmative
votes of the city commission shall be required to approve a
change to the adopted Comprehensive Plan,
a rezoning when a properly written protest is
filed, a variance, a special use, a special exception,
a planned unit development or to apply
current land use and development regulations in any
manner to make them less restrictive.
iii. Five (5) affirmative votes of the city commission shall be
required to amend land use and development regulations in
any manner to make them less restrictive.
(b) Public Hearings.
Planning Board Meeting
May 26, 2009
Page 3 of 4
i. The city commission shall hold public hearings when amending
the adopted Comprehensive Plan, amending the text of this
Code, rezoning, approving special uses, approving special
exceptions, granting variances and permitting nonconforming
uses. All other items shall not require a public hearing for
commission action.
ii. Actions upon site plans, variances, administrative appeals,
planned unit developments, nonconforming uses, special
exceptions and special uses shall be by resolution. All other
actions shall be by ordinance.
(c) The city commission may defer action on any application or other
matter before it, for cause, for a reasonable period of time.
(d) The city commission may refer a matter back to the planning board or
the environmental review and preservation board for further
consideration and recommendation.
(e) When any request requiring a public hearing before the planning board
has been acted upon by the commission and denied or failed to pass,
such proposed change, in the same or similar form shall not be
reconsidered by the commission for a period of at least one (1) year
following the date of such action
except in which case reconsideration is possible after six (6)
months 4w from the date established for the prior hearing at the request
of the majority of the commission.
(f) Financial Interest.
i. Any member of the city commission who has a special financial
interest, direct or indirect, in any matter shall make that interest
known and shall abstain from participation therein in any
manner.
ii. Willful failure to disclose such financial interest shall constitute
malfeasance in office and shall render the action voidable by the
city commission.
Mr. Cruz questioned the amount of votes needed for an amendment which results in less
restrictive regulations. Mr. Youkilis replied that less restricted requires five votes. However,
four votes required for any other change in the Comprehensive Plan.
Mr. Whitman questioned if the amending charter corresponded to the ballot. Mr. Youkilis
commented that in the packet attached to the report is the City Clerk's information on the
Planning Board Meeting
May 26, 2009
Page 4 of 4
ballot.
Mr. Whitman questioned if once an item as been passed through the ballot box, does it have to
be approved by a Board. Mr. Youkilis commented that in some cases, it is repeated in the
Land Development Code. This is to prevent the Land Development Code and the City Charter
from stating something different.
Mr. Whitman commented that a sentence in the ordinance placing the issue before the voters
and in the revised Charter after the vote did not appear on the November 2008 ballot.
Mr. Youkilis commented that the sentence was "To apply current land use and
Development regulations in any manner to make them less restrictive" is not on the ballot.
Mr. Cruz suggested deferring the application to allow the City Attorney to take a look at the
ordinance and ballot.
Chairman opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Sharon McCain 7502 SW 58 Avenue
Ms. McCain commented that she had previously e- mailed the Planning Department in regards
to the same issue related to the ballot wording or the wording in the ordinance. She also
requested that the Department make copies and present the ballot to the Board.
Chairman closed the public hearing.
Mr. Youkilis commented that when Ms. McCain came into the Planning and Zoning
Department all available documents where provided to her in regards to this item. Mr.
Youkilis could not explain why the ballot does not reflect what was proposed on the
ordinance.
Motion: Mr. Cruz moved and Ms. Yates seconded to defer the application to allow the City
Attorney to respond to this item.
Vote: 6 Ayes 0 Nay
Action: There being no further business before the Board, Mr. Morton adjourned the meeting
at 8:54 P.M.
XAComm Items\2009 \7- 21- 09\PBminutes Excerpt Vote 05.26.09.doc
ARTICLE II (Cont'd)
(2) Public Hearings. The public hearing shall follow the
introduction of the ordinance and publication by at least ten
(10) days priwith Phelregular1Cgty and
Commisbion held
meetiPgratAll
or in conjunction
interested persons shall have an opportunity to be heard.
(3) Readings. Each ordinance shall be read by only the
title at both first and second readings and shall be considered
at no less than two meetings of the Commission unless declared
emergency. If an ordinance is materially amended upon the second
reading, a- third reading shall be required at a subsequent
meeting of the Commission. (Amended 2/94)
C. Effective Date. Except as otherwise provided in
this Charter, every adopted ordinance shall become effective at
the expiration of ten (10) days after adoption of any other date
specified therein.
D. Voting Procedure. Voting shall be by roll call.. The
"yeas" and "nays" shall be recorded individually in the minutes
of each meeting.
No Commission member shall be excused from voting as
required by law. (Amended 2/8/00)
1. Requirements for Adoption. All resolutions or
ordinances shall be adopted by no less than three affirmative
votes of the City Commission. (Amended 2/8/00)
Except as otherwise provided in this Charter, four
affirmative votes of the City Commission shall be required in the
following instances: (Amended 2/8/00 and 11/04/08)
To issue bonds or borrow money
To apply current land use and development regulations in
any manner to make them less restrictive
To grant, renew or amend any lease or franchises
To transfer title to property
To appropriate or expend non- budgeted funds
To approve an initiatory-ordinance pursuant to Article V
Except as otherwise provided in this charter, five
affirmative votes of the city commission shall be required to
approve the actions indicated below:
To amend land use and development regulations in as
manner to make them less restrictive
11 SOUTH MIAMI CITY CHARTER
AMENDED 1]!04108
ORDINANCE NO. 27-08-1962
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
CHARTER AMENDMENT; PRESENTING AN INITIATIVE. TO
AMEND - THE VOTING PROCEDURE TO REQUIRE FIVE
AFFIRMATIVE VOTES OF THE CITY COMMISION TO AMEND
LAND USE AND DEVELOPMENT REGULATIONS IN ANY
MANNER WHICH MAKES' THEM LESS RESTRICTIVE TO THE
ELECTORATE OF THE CITY AT THE NOVEMBER 4, 2008
ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission. of the City of South Miami
pursuant to .the requirements of section 5.03 of the Home Rule Charter of Miami -Dade
County and section 166.031, Florida Statutes, the city commission may by ordinance
submit to the voters a proposed amendment to its charter and schedule a special election
on the question not less than 60 days and not more than 120 days from the date the draft
is submitted; and,
WHEREAS, pursuant to section 9 -1.1 of the City of South Miami Code of
Ordinances, a public hearing shall be held not less than 60 days before the election and
copies of the proposed amendment shall be made available to the public less than 30 days
before the election; and,
WHEREAS, the Mayor and City Commission desire to present this ordinance to
the regularly scheduled meeting of the City Commission of the City of South Miami on
July 22, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The following question shall be submitted to the electors of the City
of South Miami at the next general election:
Title; QUESTION: VOTING PROCEDURE; REQUIREMENTS FOR
ADOPTION.
SHALL ARTICLE II, SECTION 6 D.1. OF THE CITY
CHARTER, "REQUIREMENTS FOR ADOPTION," BE
AMENDED TO PROVIDE:
Additions shown by underlining and deletions shown by evefstrgaag.
Pg..2 of Ord. No. 27 -08 -1962
EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
ANY ORDINANCE THAT AMENDS LAND USE AND
DEVELOPMENT REGULATIONS IN ANY MANNER TO
MAKE THEM LESS RESTICTIVE SHALL REQUIRE
FIVE AFFIRMATIVE VOTES OF THE CITY
COMMISSION.
YES
NO
Summary: If the question is approved by a majority of the voters voting at the
November , 2008 election, the Charter of the City of South Miami shall be amended as
follows:
ARTICLE II. City Commission
SECTION 6 D. 1. Requirements for Adoption.
All resolutions or ordinances shall be adopted by the
indicated number of affirmative votes of the city commission.
Except as otherwise provided in this charter, four affirmative
votes of the city commission shall be required to approve the
actions indicated below:
To issue bonds or borrow money.
To Mply current land use and development regulations in any
manner to make them less restrictive.
To grant, renew or amend any lease or franchises.
To transfer title to property.
To appropriate or. expend non - budgeted funds.
To approve an initiatory ordinance pursuant to Article V.
Except as otherwise provided in this charter, five affirmative
votes of the city commission shall be required to approve .the
action indicated below.
To amend land use and development regulations in any
manner to make them less restrictive.
Additions shown by underlining and deletions shown by
Pg. 3 of Ord_ No. 27 -08 -1962
Section 2. The regular November_ election shall be scheduled for November 4,
2008. If a majority of voters voting in the election approve the amendment to the charter,
all provisions of the charter code, the land development code and the code of ordinances
in conflict shall be 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, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall be codified and included in the Code of
Ordinances.
Section 7. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this 29' day of JulL 2008,
ATTEST.,
CM CLERK
• / y
(-
MAYOR
1St Reading — 7/22/0
2' Reading — 7/29/08
CONBESSION VOTE: 3 -2
Mayor Feliu:
Nay
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Nay
Commissioner Beckman:
Yea
Commissioner Palmer:
Yea
Additions shown by underlinine and deletions shown by e-eers
OFFICIAL SAMPLE BALLOT
BOLETA OFICIAL DE MUESTRA
ECHANTIYON BILTEN VOT OFISYEL LA
SPECIAL ELECTION ELECCIONES ESPECIALES ELEKSYON ESPESYAL
SOUTH MIAMI, FLORIDA SOUTH MIAMI, FLORIDA SOUTH MIAMI, FLORID
NOVEMBER 4, 2008 4 DE NOVIEMBRE DEL 2008 4 NOVANM 2008
TO VOTE, COMPLETELY FILL IN THE
OVAL +s NEXT TO YOUR CHOICE.
If you make a mistake, review the
instructions provided to correct your ballot.
PARA VOTAR, LLENE COMPLETAMENTE
EL OVALO e JUNTO A SU SELECCION.
Si se equfvoca, lea las instrucciones que se
le dan pars corregir su boleta.
POU VOTE, RANPLI ANDEDAN OVAL LAN
NET �0 AKOTE SA W CHWAZI AN.
Si w fe yon ere, revize enstn'ksyon yo sou
kouman you korije bilten vot w an.
Question Na 1
Shag Article II, Section 6 D.1. of the C ty Charter
"Requirements for Adoption," be amended ti
provide:
Effective upon passage of this amendment: aM
ordinance that amends land use and developmen'
regulations in any manner in make ttrem less
resticM shag require five affirmative votes of the
City Czri-irnissim?.
Propuesta N(irrL 1
6Debera enmendarse elArticilo Ii, Seca6n 6 D.I.
de la Carta Constitutional de la Ciudad, intitufado
"Requisrlcs para la aprobaaon ", de maneea que
disponga que:
a partir de is legislaci6n de esta Via, toda
ordenanza que intente modificarde alguna manta
las regulations sobre el use y urban zaci6n de
terren os con el objeto de hacerias menos
restrkhas, debera contar con anoo votos
afirm*ics de la Comisi6n de la Ciudad?
Kestyon Nim.1
Eske se pouAUk2, Seksyon 6 D.1. nan Konstitisjw
W la, "Egajans you Adopsyon ", amande pat mete
anplas:
=fektif apati de dat amannman sa a pase, nenpbt
5donans Id amande i74 teryen ak regfernantasyon
leviopnian nan okenn Eason you yo gen aw&rrs
estrrksyon va egaje senk v6t pozffiF detapade
COmisyon Ulf la?
O YES /Si/WI 225
O NO /NO /NON 226
Question No. 2
Shag Article II, Section 6 W. of fhe City Charte
"Requirements for Adoption," be amended b
provide:
Effective upon passage of this amendment, an;
ordinance that authorizes the issuanoe of bonds c
the borrowing of money in excess of five percent c
the City's operating budge# shall require fivr
affirmative votes of the City Counmission?
Pry N6m.2
ZDebera enmendarse elArticulo II, Section 6 W. de
la Carta Constitutional de is Ciudad, intifuladc
"Requisitos para b aprobaaon" de manera que
disponga que:
a partir de la legislaa6n de esta enrnienda, toda
ordenanza que autorice la emis& de bons o la
sofiatud de prestamos arya afia exceda el anco por
clerito del presupuesto operational de la audad,
debera confar con anco votes afinTefivos de la
Canision de la Ciudad?
Kestyon Nim. 2
Eske se pouAtik 2, Seksy 6 D.1, nan Konsfitisyw
Vil le, "Egajans you Adopsyon ", amande par mete
anpfas:
Efeldlf apati de dat amannman sa a pase, nenp6t
6donans Id obrize emisyon bon nwnete oswa prete
lajan Id pfiske senk pousan de bidje operasyonel VI la
va egale senk vbt pozitif delapade Kornisyori V it la?
O YES /SI/VVI 228
O NO /NO /NON 229
sour j� South Miami
All- America City
INCORPORATED
1927
CpRx9
P
2001
To: Honorable Chair and Date: June 23, 2009
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Amendment -Vote Requirement
Planning and Zoning Departm(eb on Land Use Sec. 20- 6.1(A)(3)
REVISED REPORT
PB -09 -009
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 20-
6.1 (A)(3) ENTITLED "ADMINISTRATIVE ENTITIES -CITY COMMISSION" IN
ORDER TO REVISE PROVISIONS RELATED TO THE VOTE REQUIREMENT OF
THE CITY COMMISSION ON ORDINANCES AND RESOLUTIONS PERTAINING
TO THE LAND USE AND DEVELOPMENT. REGULATIONS WHICH WILL BE
CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER 4,
2008; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
SUPPLEMENTAL INFORMATION
The Planning Board at its last meeting conducted a public hearing on this item and then
deferred action so that additional information could be obtained from the City Attorney.
During discussion on this item it was pointed out by Board members that a sentence was
included in the ordinance placing the issue before the voters and in the revised Charter after the
vote. This sentence did not, however, appear on the November 2008 ballot. The sentence was
"To apply current land use and development regulations in any manner to make them less
restrictive. ". The City Attorney in an e -mail to this office on June 3, 2009 provided the
following explanation:
"The application of land use standards in a manner to make them less
restrictive was already the standard in the charter. Any revision was done
to clarify and distinguish that standard from the new standard which
required 5 votes when amending the land use standards in a manner to
make them less restrictive. The sentence "To apply current land use and
development regulations in any manner to make them less restrictive. " was
language included in the ordinance. However, it did not have to be placed
on the ballot because that standard did not change nor were the voters
asked to approve a new standard for application of current regulations.
The word "apply" was utilized to eliminate any ambiguity regarding
applying existing regulations such as approval of a variance and
amendment of regulations such as a text amendment. This issue was
specifically discussed on several occasions during the hearings and both
LDC Amendment
June 23, 2009
Page 2 of 4
Commissioner Beckman and I stated on several occasions that a variance
would still require a four -- fifths votes as the procedure for variance exists in
the 'current regulations. The use of the word application was simply
inserted to eliminate any ambiguity between the existing standard and the
new standard approved by the voters. "
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.
The South Miami City Charter was amended by the voters on November 4, 2008. One of the
amendments approved included changes to the City Commission's voting procedure on
resolutions and ordinances, Article II (D)(1). The changes adopted were: (1) a requirement that
the application of any land use or development regulation which results in less restrictions will
require four affirmative votes of the Commission to adopt; (2) a requirement that the
amendment of any land use or development regulation which results in less restrictions will
require five affirmative votes of the City Commission to adopt.
CURRENT LDC REGULATIONS
The Land Development Code Section 20 -6.1 entitled "Administrative entities" contains a
listing of the membership, duties and procedures for each governmental body involved in
decision making on zoning issues (Planning Board, ERPB, Historic Preservation Board). The
City Commission's role is also spelled out including the number of votes needed to adopt or
approve a zoning application. It is this section which is impacted by the Charter amendments
adopted in 2008. The current section on the City Commission (A)(3) "Procedures must be
amended in order to make the LDC compatible with the new Charter provisions.
PROPOSED AMENDMENT
fnew wording shown in bold/underlineg wording to be removed shown in titer'
Section 20 -6.1 Administrative entities.
(A) City Commission.
(3) Procedures.
(a) Voting.
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 approve agenda items.
ii. With the exception set forth below in (iii) four (4) affirmative
votes of the city commission shall be required to approve a
change to the adopted Comprehensive Plan, a less
LDC Amendment
June 23, 2009
Page 3 of 4
* �* _xa a rezoning when a properly written protest is filed,
a variance, a special use, a special exception,
lioonso; o- a planned unit development or to apply
current land use and development regulations in any manner
to make them less restrictive.
Five (5) affirmative votes of the city commission shall be
required to amend land use and development regulations in
any manner to make them less restrictive.
(b) Public Hearings.
i. The city commission shall hold public hearings when amending
the adopted Comprehensive Plan, amending the text of this Code,
rezoning, approving special uses, approving special exceptions,
granting variances and permitting nonconforming uses. All other
items shall not require a public hearing for commission action.
ii. Actions upon site plans, variances, administrative appeals,
planned unit developments, nonconforming uses, special
exceptions and special uses shall be by resolution. All other
actions shall be by ordinance.
(c) The city commission may defer action on any application or other matter
before it, for cause, for a reasonable period of time.
(d) The city commission may refer a matter back to the planning board or the
environmental review and preservation board for further consideration
and recommendation.
(e) When any request requiring a public hearing before the planning board
has been acted upon by the commission and denied or failed to pass, such
proposed change, in the same or similar form shall not be reconsidered by
the commission for a period of at least one (1) year following the date of
such action ` +t' ° "i'' except in which
case reconsideration is possible after six (6) months &F from the date
established for the prior hearing at the request of the majority of the
commission.
(f) Financial Interest.
i. Any member of the city commission who has a special financial
interest, direct or indirect, in any matter shall make that interest
known and shall abstain from participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute
malfeasance in office and shall render the action voidable by the
city commission.
LDC Amendment
June 23, 2009
Page 4 of 4
RECOMMENDATION
It is recommended that the proposed amendments to Section 20- 6.1(A) as set forth above be
approved.
Attachments:
City Charter Article H D (P. 11)
City Attorney e -mail 6 13109)
Ord. 27 -08 -1962 (placing issue on ballot)
Official Ballot (Nov. 4, 2008)
Public Notices
TJV /SAY
X:\PB\PB Agendas StaffReports\2009 Agendas Staff Reports \6- 23- 09\PB -09 -009 LDC Amend Revised Vote Req. AC.doc
ADMINISTRATION AND ENFORCEMENT 20 -6.1
ARTICLE Vi. ADMINISTRATION AND ENFORCEMENT
20 -6.1 Administrative entities.
(A) City Commission.
(1) Establishment, membership and organization of the city commission shall be in
accordance with the City Charter and the Code of Ordinances of the city.
(2) Powers and duties.
(a) The city commission shall have all such powers and duties as are granted and
conferred by state law, the Code of Ordinances of the city and this Code.
(b) The city commission shall provide for the health, safety, convenience and general
welfare of the citizens of South Miami through the regulations contained in this
Code.
(c) The city commission shall receive recommendations from the planning board and
the environmental review and preservation board,- and shall be guided by such
boards.
(d) The city commission shall act in compliance with and furtherance of the city's
adopted Comprehensive Plan.
(e) The city commission may:.
i. Amend the provisions of the adopted Comprehensive Plan and this Code;
ii. Change zoning district boundaries;
iii. Authorize home occupational licenses;
iv. Grant variances from the provisions of this Code;
V. Permit the continuation of nonconforming uses;
vi. Authorize special uses; and
vii. Make final judgment on appeals of administrative decisions.
(f) The city commission shall have the power and the duty to hear and decide the
above matters in accordance with the provisions of this Code.
(3) Procedures.
(a) Voting.
i. Except for those items listed in (ii) below, not less than three (3) affirmative
votes of the city commission shall be required to approve agenda items.
ii. Four (4) affirmative votes of the city commission shall be required to
approve a change to the adopted Comprehensive Plan, a rezoning to a less
restrictive use, a rezoning when a properly written protest is 'filed, a
variance, a special use, a home occupational license or a planned unit
development.
Supp. No. 10 133
Page 1 of 1
Youkilis, Sanford
From: Luis Figueredo [Ifigueredo @fbm- law.com]
Sent: Wednesday, June 03, 2009 11:16 AM
To: Youkilis, Sanford
Subject: RE; Legal Explanation Needed
Sandy,
The application of land use standards in a manner to make them less restrictive was already the standard in
the charter. Any revision was done to clarify and distinguish that standard from the new standard which
required 5 votes when amending the land use standards in a manner to make them less restrictive. The
sentence "To apply current land use and development regulations in any manner to make them less
restrictive." was language included in the ordinance However, it did not have to be placed on the ballot
because that standard did not change nor were the voters asked to approve a new standard for application of
current regulations. The word "apply" was utilized to eliminate any ambiguity regarding applying existing
regulations such as approval of a variance and amendment of regulations such as a text amendment. This
issue was specifically discussed on several occasions during the hearings and both Commissioner Beckman
and I stated on several occasions that a variance would still require a four -fifths votes as the procedure for
variance exists in the current regulations. The use of the word application was simply inserted to eliminate
any ambiguity between the existing standard and the new standard approved by the voters.
Luis
From: Youkilis, Sanford [ mailto: Syoukilis @cityofsouthmiami.net]
Sent: Wednesday, June 03, 2009 9:59 AM
To: Luis Figueredo
Cc: Vageline, Thomas
Subject: Legal Explanation Needed
The Planning Board at its May 26 meeting considered an item to amend the LDC to insert the new voting
requirements for the City Commission which were approved, by the voters in November 2008. The matter
was deferred because some members noticed that a sentence was added to the charter but the sentence did
not appear on the ballot.
In Ord. No.27 -08 -1063 the following sentence is to be voted upon by the voters: "To apply current land
use and development regulations in any manner
to make them less restrictive. ". The sentence, however, is contained in the revised Charter issued by the City
Clerk in November. This sentence, however, does
not appear on the Nov. 4, 2008 ballot. Planning staff could not explain this so the item was deferred.
It was requested that the City Attorney provide an explanation as why this new sentence is in the Charter but
was not on the ballot. Could you please provide this
Department with a written explanation which we can give to the Board members.
The item will come up at the next Planning Board meeting on June 23, 2009. Thanks.
Sandy Y.
(attached are copies of the Nov. ballot and the ordinance)
6/15/2009
(1)
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at Its regular City
Commission meeting scheduled forTuesday, August 4, 2009 beginning
at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to
consider the following item(s):
AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS-
SION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING
THE EVALUATION AND APPRAISAL REPORT (EAR) BASED
TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHEN-
SIVE PLAN; THE AMENDMENTS ARE TO THE GOALS,
OBJECTIVES, AND POLICIES FOR THE FOLLOWING
COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;
TRANSPORTATION; HOUSING; INFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE; INTER-
GOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS-
SION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE SECTION 20.5.8 (C)
ENTITLED 'SPECIAL USE APPROVAL: EXPIRATION OF
SPECIAL USE APPROVALS" IN ORDER TO MODIFY THE
CONDITIONS UNDER WHICH A SPECIAL
USE APPROVAL WILL LAPSE; AND TO CREATE A SUBSEC-
TION (G) ENTITLED "ABANDONMENT OF SPECIAL USE'
PROVIDING A MAXIMUM TIME PERIOD AFTER WHICH A
SPECIAL USE WILL BE CONSIDERED ABANDONED;
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS -
SION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE SECTION 20-2.3 IN
ORDER TO CLARIFY THE DEFINITION OF COMMERCIAL
VEHICLE AND TO CLARIFY SECTION 20- 4.4(F)(4) WHICH
PROHIBITS PARKING OF COMMERCIAL VEHICLES IN RES-
IDENTIAL ZONES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS-
SIC THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE 20 -6.1 (A)(3) ENTITLED
'ADMINISTRATIVE ENTITIES -CITY COMMISSION' IN OR-
DER TO REVISE PROVISIONS RELATED TO THE VOTE
REQUIREMENT OF THE CITY COMMISSION ON
ORDINANCES AND RESOLUTIONS PERTAINING TO THE
LAND USE AND DEVELOPMENT REGULATIONS WHICH
WILL BE CONSISTENT WITH THE CHARTER AMENDMENT
ADOPTED NOVEMBER 4, 2008; PROVIDING FOR SEVERA-
BILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
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.
Maria M. Menendez, 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.
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