10-06-09 Item 16South Miami
AIMAmedca City
CITY OF SOUTH MIAMI 1 I r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas Vageline, Director
Planning and Zoning Department
Date: October 6, 2009 Agenda Item No.:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 ENTITLED
"DEFINITIONS" BY ADDING A NEW DEFINITION OF "LAND USE REGULATIONS "; AND
ADDING A NEW DEFINITION OF "DEVELOPMENT REGULATIONS" BY MODIFYING
THE EXISTING DEFINITION OF "REGULATIONS "; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND:
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 Uplication of any current 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 (see
attached p.I I City Charter).
The Land Development Code Section 20- 6.1(A)(3) also sets forth the voting requirements for the City
Commission and lists the number of votes needed to adopt or approve Comprehensive Plan amendments,
Land Development Code amendments and all forms of zoning applications. It is this section which is
impacted by the Charter amendments adopted in 2008. The current LDC section on the votes required by
the City Commission is now non - compatible with the new Charter provisions.
In order to clarify the situation the Planning and Zoning Department prepared a draft, ordinance amending
Section 20- 6.1(A)(3) "Administrative entities - Procedures" to include the same language as was adopted
by the voters in November 2008. The Planning Board at its May 26, 2009 meeting conducted a public
hearing. Prior to adoption at its next meeting on June 23, 2009 the City Attorney provided a more detailed
explanation (see attached) on the revisions made to the City Charter. The Board then adopted a motion
recommending approval of the proposed amendment ordinance.
CITY COMMISSION ACTION
The City Commission at its August 18, 2009 meeting discussed the proposed ordinance. Several members
of the Commission felt that a definition of the term "development regulation" needed to be established in
FA
order to assure that the correct voting requirement could be interpreted. The Commission then deferred
the item and referred it to the Planning Board for consideration of a definition.
PROPOSED DEFINITION
The 2008 City Charter amendment and the Land Development Code amendment contain the term "land
use and development regulations ". It would be most appropriate to define both terms and relate the
definition to actual South Miami regulatory documents. The Land Development Code currently has a
definition for the word "Regulations ". It was recommended by the Planning Board that current wording in
the Code be used as part of the definition of both terms. The following two definitions were proposed for
inclusion in LDC Section 20 -2.3:
Development Regulations. Shall mean the whole body of regulations, charts, tables, diagrams,
maps, notations, references and symbols, contained in or referred to in this Land Development
Code including the South Miami Official Zoning Map, which can only be changed,
modified, or amended by the adoption of an ordinance.
Land Use Regulations. Shall mean the whole body of regulations, charts, tables, diagrams,
maps, notations, references and symbols, contained in or referred to in the South Miami
Comprehensive Plan, including the Future Land Use Map, which can only be changed,
modified, or amended by the adoption of an ordinance.
PLANNING BOARD ACTION
The Planning Board at its September 9, 2009 meeting, after public hearing, approved a motion by a vote
of 5 ayes 0 nays recommending that the proposed definitions be adopted.
RECOMMENDATION
It is recommended that the attached draft ordinance amending the Land Development Code be approved
on first reading.
It is important to note that the second reading of the ordinance which amends and corrects the voting
requirement in the Land Development Code (Section 20- 6.1(A)(3)) will be placed on the next
Commission agenda for adoption.
Attachments:
Draft ordinance
City Charter Section D 1 "Requirements for Adoption "(p.11)
Planning Board Minutes Excerpt 9 -9 -09
Planning and Zoning Department Staff Report 9, -9 -09
LDC Section
Public notices
TJ VISA Y
X-• Comm Items12009110- 6- 091DCAmend Definition development CMReport.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 20-
2.3 ENTITLED "DEFINITIONS" BY ADDING A NEW DEFINITION OF "LAND USE
REGULATIONS "; AND ADDING A NEW DEFINITION OF "DEVELOPMENT
REGULATIONS" BY MODIFYING THE EXISTING DEFINITION OF
"REGULATIONS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The South Miami City Charter Article II (D)(1) was amended by the
voters on November 4, 2008 to include changes to the City Commission's voting
procedure on resolutions and ordinances changing land use and development regulations;
and
WHEREAS, The Land Development Code (LDC) Section 20 -6.1 (A)(3) also sets
forth the voting requirements for the City Commission and lists the number of votes
needed to adopt or approve Comprehensive Plan amendments and Land Development
Code amendments; and
WHEREAS, The current LDC section on the votes required by the City Commission
is now non - compatible with the new Charter provisions; and
WHEREAS, In order to clarify the situation the Planning Board at its June 23,
2009 meeting adopted a motion amending Section 20- 6.1(A)(3) "Administrative entities -
Procedures" to include the same language as was adopted by the voters in November
2008; and
WHEREAS, The City Commission at its August 18, 2009 meeting discussed the
proposed ordinance then deferred the item and requested the Planning Board consider
providing a definition of the term "development regulation" in order to assure that the
correct voting requirement could be interpreted; and
WHEREAS, The Planning Board at its September 9, 2009 meeting, after public
hearing, approved a motion by a vote of 5 ayes 0 nays recommending that proposed
definitions for both Land Use Regulations and Development Regulations be adopted; 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 Land Development Code Section. 20 -2.3 is hereby amended to modify the
following definition of Regulations:
Section. 20 -2.3
Development Regulations. Shall mean the whole body of regulations, charts, tables,
diagrams, maps, notations, references and symbols, contained in or referred to in this Land
Development Code including the South Miami Official Zoning Map, which can only
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be changed, modified, or.amended by the adoption of an ordinance.
Section 2. That Land Development Code Section. 20 -2.3 is hereby amended to add the
following:
Section: 20 -2.3
Land Use Regulations. Shall mean the whole body of regulations, charts, tables;
diagrams, maps, notations, references and symbols, contained in or referred to in the
South Miami Comprehensive Plan, including the Future Land Use Map, which can
only be changed, modified, or amended by the adoption of an ordinance..
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2009
ATTEST: APPROVED:
CITY CLERK MAYOR
1 st .Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
CITY ATTORNEY
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
X: \Comm Items\2009 \10- 6- 09\L,DC Amend Definition Deve Ord.doc
ARTICLE If (Cont'd)
(2) Public Hearings. The public hearing shall follow the
introduction of the ordinance and publication by at least ten
(10) days prior to the public .hearing and may be held separately
or in conjunction with the regular City Commission meeting. All
interested persons shall have an opportunity to be heard.
(3) Readings. Each ordinance shall a be shall be considered
title at both first and second reading
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 _ Regul- rements 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 'ap2ly 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
��; rmai TTP votes of the city commission shall be required' to
approve the actions indicated below:
To amend land use and development regulations in an
manner to make them less restrictive
11 SOTJTH MIAI g CITY CHARTER
AMMNDED 11104108
ou
INCORPORATED
• 1927 P
ORiO
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Wednesday, September 9, 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: Vice Chairperson, Ms. Yates requested a roll call. Board members present
constituting a quorum:
Present: Mr. Comendeiro, Ms. Young, Ms. Yates, Mr. Farfan, and Mr. Whitman.
Absent: Mr. Cruz, Mr. Morton
City staff present: Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant), Maria Stout -Tate (Administrative Assistant II), Lourdes
Cabrera - Hernandez (Principal Planner).
IV. Planning Board Applications/Public Hearings.
PB -09 -022
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 20-
2.3 ENTITLED "DEFINITIONS" BY ADDING A DEFINITION OF "DEVELOPMENT
REGULATIONS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Ms. Yates read this item into the record.
Discussion: Mr. Youkilis spoke on the issue of the South Miami City Charter that 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 11 (D)(1). The changes
adopted were: (1).a requirement that the gpplication of any land use or development regulation
which results in fewer restrictions will require four affirmative votes of the City 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.
Planning Board Meeting Excerpt
September 9, 2009
2
Mr. Youkilis went on to say that the Land Development Code Section 20 -6.1 (A)(3) also sets forth
the voting requirements for the City Commission and lists the number of votes needed to adopt or
approve Comprehensive Plan amendments, Land Development Code amendments and all forms of
zoning applications. It is this section which is impacted by the Charter amendments adopted ,in.
2008. The current LDC section on the votes required by. the City Commission is now non-
compatible with the new Charter provisions.
Mr. Youkilis continued saying that in order to clarify the situation the Planning and Zoning
Department prepared a draft ordinance amending Section 20- 6.1(A)(3) "Administrative entities -
Procedures" to include the same language as was adopted by the voters in November 2008. The
Planning Board at its May 26, 2009 meeting conducted a public hearing. Prior to adoption at its-
next meeting on June 23, 2009 the City Attorney provided a more detailed explanation on the
revisions made to the City Charter. The Board then adopted a motion recommending approval of
the proposed amendment ordinance. Attached is a copy of the ordinance forwarded to the City
Commission.
Mr. Youkilis informed the Planning Board that the City Commission at its' August 18, 2009
meeting discussed the proposed ordinance. Several members of the Commission felt that a
definition of the term "development regulation" needed to be established in order to assure that the
correct voting requirement could be interpreted. The City Commission then deferred the item and
referred it to the Planning Board for consideration of a definition.
Mr. Youkilis stated that the 2008 City Charter amendment and the Land Development Code
amendment contain the term "land use and development regulations ". It would be most appropriate
to define both terms and relate the definition to actual South Miami regulatory documents. The
following two definitions are proposed for inclusion in LDC Section 20 -2.3 "Definitions ":
Land Use Regulations shall mean all of the text, graphics, and maps including the Future
Land Use Map, which are part of the South Miami Comprehensive Plan and which can only be
changed, modified, or amended by the adoption of an ordinance.
Development Regulations shall mean all of the text, graphics, and maps including the City of
South Miami Official Zoning Map, which are part of the. South Miami Land Development
Code and which can only be changed, modified, or amended by the adoption of an ordinance.
Mr. Youkilis stated that City staff was recommending that the above definitions be. recommended
for approval.
Opened /Closed Public Hearing
Ms. Yates opened public hearing. Seeing that there wasn't anyone in the audience, Ms. Yates
closed the public hearing.
Discussion:
Mr. Whitman inquired that there was a definition of "regulations" (page 15), in the Land
Development Code that overlaps in meaning and he is concerned that there might be some areas,
that conflict with each other. The other concern is that "land use" is a general term and located in
the Comprehensive Plan. Mr. Whitman wanted to know if the City had other examples that had
split those terms between the Land Development Code and the City Code.
Planning Board Meeting Excerpt
September 9, 2009
3
Mr. Youkilis said that there were several definitions in the Florida Statutes and they all were
different and none of them were satisfactory. We were more concerned in land use and
development regulation, so we created our own. We were not able to find any other definitions in
other municipal codes.
Mr. Whitman stated that he was wondering if using "land use regulations" is not more appropriate,
to refer in the Land. Development Code rather than Comprehensive Plan.
Mr. Youkilis stated that the State statute, Chapter 163, essentially regulates land use. The
development regulation plan goes into much more detail about heights, plans, roofs, set backs, and
signage. The Comprehensive Plan doesn't go into that. It is strictly policies and land use.
Mr. Whitman asked if zoning governs land use.
Mr. Youkilis stated that zoning governs land use based on what is. in the Comprehensive Plan. It
takes land use and breaks it down into detailed zoning districts, so it does govern land use but does
it in a more detailed way. This is the difference when you.look at the Comprehensive Plan and the
Land Development Code. The Land Development Code is much more detailed and much more
comprehensive about controlling the use of the land than the Comprehensive Plan. In the Land
Development Code the factors used are height, FAR, and units per acre. Mr. Whitman stated that
Mr. Youkilis had convinced him.
Ms. Young asked in the definition section, under Land Use Regulations, should the wording be
"shall mean all of the test, graphics, and maps in the Future Land Use Map ", instead of
"including "?
Mr. Youkilis stated that the Future Land Use Map is an attachment to the Comprehensive Plan and
that is why the word "including" appears.
Interim City Attorney, Laurence Feingold inquired if Planning and Zoning could add verbiage to
the section "Development Regulations ".
Mr. Youkilis answered that there are tables in the Land Development Codes and diagrams.
Mr. Whitman asked if Mr. Youkilis could read the definition of `regulations" from the Land
Development Code to the Board. Mr. Youkilis then made copies from the Land Development Code
for Board Members.
Mr. Youkilis returned to the Chambers with the copies for the Board members and asked the Board
to review the word "regulation" that Mr. Whitman was speaking of. If you add the word
"development regulations " then it would be a better definition:
Ms. Yates stated that the following should be the verbiage used for the definitions:
Development Regulations. Shall mean the whole body of regulations, charts, tables, diagrams,
maps, notations, references and symbols, contained in or referred to in this Land Development
Code including the South Miami Official Zoning Map, which can only be changed, modified,
or amended by the adoption of an ordinance.
Planning Board Meeting Excerpt
September 9, 2009
4
Land Use Regulations. Shall mean the whole body of regulations, charts, tables, diagrams,
maps, notations, references and symbols, contained in or referred to in the South Miami
Comprehensive Plan, including the Future Land Use Map, which can only be changed,
modified, or amended by the adoption of an ordinance.,
Ms. Yates inquired if someone could make a motion:
Motion: A motion was made by Mr. Whitman to merge and make consistent the existing definition -
"Regulation " with the new definition of "Development Regulations". Seconded by Mr.
Comendeiro:
Vote: 5/0:
Motion was adopted and passed.
Ms. Yates asked for a motion for the Land Use Regulations section.
Motion: Mr. Whitman made a motion to add the definition of "Land Use Regulations " with the
wording consistent with that just approved for "Development Regulations". Seconded by Mr.
Comendeiro:
Vote: 5/0
Motion was adopted and passed.
XAComm Items \2009 \10- 6 -09\PB Minutes Excerpt 9- 9- 09.doc
To: Honorable Chair &
Planning Board Members
From: Thomas J. Vageline, Director t
Planning and Zoning Departmen �•` � I
Date: September 9,2009
Re: LDC Amendment
Definition of Development
Regulations Sec. 20 -2.3
PB -09 -022
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION
20 -2.3 ENTITLED "DEFINITIONS" BY ADDING A DEFINITION OF
"DEVELOPMENT REGULATIONS "; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
BACKGROUND
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 (see attached p.1 l City Charter).
The Land Development Code Section 20 -6.1 (A)(3) also sets forth the voting requirements for
the City Commission and lists the number of votes needed to adopt or approve Comprehensive
Plan amendments, Land Development. Code amendments and all forms of zoning. applications. It
is this section which is impacted by the Charter amendments adopted in 2008. The current LDC
section on the votes required by the City Commission is now non - compatible with the new
Charter provisions.
PLANNING BOARD ACTION
In order to clarify the situation the Planning and Zoning Department prepared a draft ordinance
amending Section 20- 6.1(A)(3) "Administrative entities - Procedures" to include the same
I anguage as was adopted by the voters in November 2008. The Planning Board at its May 26,
2009 meeting conducted a public hearing. Prior to adoption at its next meeting on June 23, 2009
the City Attorney provided a more detailed explanation (see attached) on the revisions made.to
LDC Amendment Section
September 9, 2009
Page 2 of 2
the City Charter. The Board then. adopted a motion recommending approval of the proposed
amendment ordinance. Attached is a copy of the ordinance forwarded to the City Commission.
CITY COMMISSION ACTION
The City Commission at its August 18, 2009 meeting discussed the proposed ordinance. Several
members of the � Commission felt that a definition of the term "development regulation" needed
to be established in order to assure that the correct voting requirement could be interpreted. The
Commission then deferred the item and referred it to the Planning Board for consideration of a
definition.
PROPOSED DEFINITION
The 2008 City Charter amendment and the Land Development Code amendment. contain the
term "land use and development regulations ". It would be most appropriate to define both terms
and relate the definition to actual South Miami regulatory documents. The following two
definitions are proposed for inclusion in LDC Section 20 -2.3 "Definitions ":
Land Use Regulations shall mean all of the text, graphics, and maps including the Future
Land Use Map, which are part of the South Miami Comprehensive Plan and which can only
be changed, modified, or amended by the adoption of an ordinance.
Development Regulations shall mean all of the text, graphics, and.maps including the City
of South Miami Official Zoning Map, which are part of the South Miami Land
Development Code and which can only be changed, modified, or amended by the adoption
of an ordinance.
RECOMMENDATION
It is recommended that the above definitions be recommended for approval.
Attachments:
City Charter Section D 1 "Requirements for Adoption "(p.11)
City Attorney Communication 6 -3 -09
Draft ordinance
Public notices
TJV /SAY
X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\9- 9- 09\PB -09 -022 LDC amend Defin Deve Reg.doc