12-08-09 Item 5•
South Miami
All- America City
1 I
" NEp CITY OF SOUTH MIAMI I 11.
OFFICE OF THE CITY MANAGER
o ato INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Co mission
Via: Roger M. Carlton, Acting City Manager
From: Thomas Vageline, Director
Planning and Zoning Departmen - -
,_ r
Date: November 17, 2009 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
isapproved 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 implication 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. l 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.
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
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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,
mans, 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 second 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)) is also on the November 17, 2009
City Commission agenda for second reading and adoption.
Attachments:
Draft ordinance
City Charter Section D I "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
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X: IComni Items12009111- 17- 091LDCAmend Definition Deve CM Report. doc
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ORDINANCE NO.
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
AMENDING LAND DEVELOPMENT CODE SECTION 20-
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SOUTH MIAMI, FLORIDA,
2.3 ENTITLED "DEFINITIONS" BY ADDING A NEW DEFINITION OF "LAND USE
6
REGULATIONS "; AND ADDING A NEW DEFINITION OF "DEVELOPMENT
BY MODIFYING THE EXISTING DEFINITION OF
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REGULATIONS"
"REGULATIONS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR
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ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
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was amended b the
WHEREAS, The South Miami City Charter Article II (D)(I) y
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voters on November 4, 2008 to include changes to the City Commission's voting
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on resolutions and ordinances changing land use and development regulations;
procedure
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and
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WHEREAS, The Land Development Code (LDC) Section 20 -6.1 (A)(3) also sets
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forth the voting requirements for the City Commission and lists the number of votes
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needed to adopt or approve Comprehensive Plan amendments and Land Development
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Code amendments; and
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WHEREAS, The current LDC section on the votes required by the City Commission
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is now non - compatible with the new Charter provisions; and
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WHEREAS, In order to clarify the situation the Planning Board at its June 23,
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2009 meeting adopted a motion amending Section 20- 6.1(A)(3) "Administrative entities -
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Procedures" to include the same language as was adopted by the voters in November
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2008; and
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WHEREAS, The City Commission at its August 18, 2009 meeting discussed the
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proposed ordinance then deferred the item and requested the Planning Board consider
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providing a definition of the term "development regulation" in order to assure that the
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correct voting requirement could be interpreted; and
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WHEREAS, The Planning Board at its September 9, 2009 meeting, after public
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hearing, approved a motion by a vote of 5 ayes 0 nays recommending that proposed.
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definitions for both Land Use Regulations and Development Regulations be adopted; and
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WHEREAS, the City Commission desires to accept the recommendation of the
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Planning Board and enact the aforesaid amendment.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
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COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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Section 1. That Land Development Code Section. 20 -2.3 is hereby amended to modify the.
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following definition of Regulations:
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Section. 20 -2.3
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Re
49 Development gulations. Shall mean the whole body of regulations, charts, tables,
50 diagrams, maps, notations, references and symbols, contained in or referred to in this Land
51 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
ATTEST:
CITY CLERK
I" _Reading -
2nd Reading —
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2009
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
X:\Comm1temsV009U0-6-09\LDC Amend Definition Deve Ord.doc
ARTICLE ft (Cont'd)
• (2j public Hearings. The public hearing shall follow the
ion of the ordinance and publication by at least ten
introduct ad may
(10) days prior to the publ regular 1CitynCCommissionemeetinpg. All
or in conjunction with e g ortunit to be heard.
interested persons shall have an opportunity
(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 s materiallCommission mended-upon the second
emergency. If an ordinance
reading, a• third reading shall be required at a subsequent
meeting of the Commission. (Amended 2/94)
C, Effectiv-e 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
Procedzsre. 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 / O )
• All resolutions or
1. Requirements for Adoption.
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
an manner to make them less restrictive
To grant, renew or amend any lease or franchises
-To transfer title. to property iens
To appropriate or expend non - budgeted funds
n.itiatory•ordinance pursuant to Article V
To approve an i
Except as otherwise provided in this charter, five
affirmative votes of the city commission shall be re fired to
approve the actions indicated below:
To amend land use
manner t o• make
C7
development
ess restrictive
ulations in an
i 1 soora R-LkW Crr3.' CSARTER
AMENDED 11/04/08
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� O [Z i
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Wednesday, September 9, 2009
City Commission Chambers
7:30 P.M.
EXCERPT
1. 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.
H. 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 11), 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 I1(D)(1). The changes
adopted were: {1) a requirement that the application 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
defuution 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 Hearin
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 i8 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 deft n
different and none of them were satisfactory
development regulation, so we created our own.
other municipal codes.
itions in the Florida Statutes and they all were
We were more concerned in land use and
We were not able to find any other definitions in
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. YofAdlis 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.
is
Planning Board Meeting Excerpt
September 9, 2009
4
Land Use Regulations Shall mean the whole body of regulations, charts, tables, diagrams,
mans, 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 ehanged,
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.
0 Vote: 510
Motion was adopted and passed:
XAComm Items\2009\10- 6 -09\PB Minutes Excerpt 9- 9- 09.doc
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o� so Ur South Miami
All- America City
U
• INCORPORATED °
1927
2001
To: Honorable Chair &
Planning Board Members
From: Thomas J. Vageline, Director tl�ri
Planning and Zoning Departmen .. E
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. 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.
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
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
L J
LDC flmendnient Section
September 9, 1009
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 Re ,-ulations 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
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• . _ : o -µdo' - ; - s
CITY Ol` H SOUT MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South:
Mia_mi..Floryda vrill condud.Public Hearings, aLrts regularQity,C.ommission;
meeting scheduled.(or Tuesday, November 17,'. _regular
2009 beginning at.7 30 `
p:m. in the Cily Commis ;ion Chambers, 6130 Sunset 0&e, 10 consider ?
tfie following item(s):
AN ORDINANCE OF THE MAYOR AND CITY.COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATJNG TO
THE YEAR 2010 GENERAL AND SPECIAL ELECTION OF
.THE MAYOR AND CITY COMMISSIONERS_FOR GROUPS, 1
AND N; SCHEDULING THE DAY. PLACE- AND TIME OF
THE ELECTION; PROVIDING FOR QUALIFICATION OF
CANDIDATES; PROVIDING FOR CLOSE OF "ELECTION
BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING
_ ?FOR:- NOTIFICATION; PROVIDING.. FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYO.RAND, CITY COMMISSION OF
THE CITY OF SOUTH MIAMI; FLORIDA AMENDING THE -'
DEVELOPMENT AGREEMENT ADOPTED lAS - PART = OF
ORDINANCE- NO.., 12- 05.1834;-_: AND ..AMENDED BY
ORDINANCE NO. 17 -05 -1839, WHICH APPROVED .-THE
DEVELOPMENT. AGREEMENT FOR A PLANNED UNIT
DEVELOPMENT -MIXED USE PROJECT. KNOWN AS RED
ROAD COMMONS LOCATED AT 6600- 6640.SW W AVENUE
AND 5757 SW.68 STREET; THE PURPOSE OF THE AMEND -
MENT -IS -TO REQUIRE THAT ALL REQUIRED PARKING
PURSUANT TO LAND DEVELOPMENT CODE SECTION
4
20.4(B) IS PROVIDED FOR ALL USES LOCATED ON THE
PROPERTY AND TO UPDATE THE CURRENT NUMBER -
OF PARKING SPACES PROVIDED; PROVIDING FOR SEVER -
ABILITY: PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDINGAN EFFECTIVE DATE.'
AN ORDINANCE OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF .SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE SECTION
20- 4A(Fx2)(c) ENTITLED 'SPACES LOCATED OFF -S(TE' IN
ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING
OF OFFSITE PARKING SPACES AS A METHOD TO PROVIDE
REQUIRED SPACES; AMENDING SECTION 20-7.6 ENTITLED
"PARKING" IN HOMETOWN DISTRICT.IN ORDER TO MODIFY
• SECTION 2D- F OFF -SIT A - REMOVING THE .OPTION
OF LEASING OF OFFSITE PARKING SPACES AS A METHOD
TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERA-
BIUTY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
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 SAND
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 PROVIDINGAN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE.
SOUTH.;;M_IAMI CODE OF ORDINANCES IN ORDER TO
REMOVE EXISTING CHAPTER 10A'E$TITLED "FLOODS"
AND TO REPLACE SAID CHAPTER WITH A NEW CHAPTER
10A ENTITLED 'FLOOD DAMAGE PREVENTION' WHICH
CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF " FACT,
PURPOSE, AND OBJECTIVES; PROVIDING DEFINITIONS;
PROVIDING GENERAL PROVISIONS; PROVIDING LANDS
TO WHICH THIS ORDINANCE APPLIES; PROVIDING A BASIS
FOR ESTABLISHING THE AREAS. OF SPECIAL FLOOD
HAZARD; PROVIDING A DESIGNATION OF FLOODPLAIN
ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT OF
DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRIC-
TIONS; PROVIDING FOR INTERPRETATION; PROVIDING A
WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING
PENALTIES FOR VIOLATION; PROVIDING ADMINISTRA-
TION; PROVIDING PERMIT PROCEDURES; PROVIDING
DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR; PROVIDING PROVISIONS FOR FLOOD
HAZARD REDUCTION; PROVIDING GENERAL STANDARDS;
PROVIDING SPECIFIC STANDARDS; PROVIDING
STANDARDS FOR A -ZONES WITHOUT BASE FLOOD
ELEVATIONS AND REGULATORY FLOODWAYS; PROVI-
DING STANDARDS FOR AO- ZONES: PROVIDING FOR
VARIANCE PROCEDURES:. PROVIDING DESIGNATION OF .
VARIANCE AND APPEALS BOARD; PROVIDING THE DUTIES
OF VARIANCE AND APPEALS BOARD; PROVIDING FOR
VARIANCE PROCEDURES; PROVIDING THE CONDITIONS
FOR VARIANCES; PROVIDING FOR VARIANCE NOTIFICA-
• DI PROVIDING FOR HISTORIC STRUCTURES PROVI
DING FOR STRUCTURES ON REGULATORY FLOODWAY;
PROVIDING. FOR SEVERABILITY; PROVIDING. FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.. -
AN 'ORDINANCE :OF -.THE ,: MAYOR . AND.' THE .,CITY'.
COMMISSION OF THE CITY OF SOUTH MIAMI,-FLORIDA,
AMENDING:: 7HE..:LAND..DEVELOPMENT� CODE. 20-6.1._-
MISSION IN ORDER TO REVISE PROVISIONS RELATED TO i
. THE - VOTERedUIREM .EW- ..OFTHECITE':COMMISSION ON
. ORDINANCES .AND.RESOLUTIONS,.PERTAINING TO THE
LAND USE AND DEVELOPMENT :REGULATIONS WHICH
WILL BE CONSISTENT WrrH THE CHARTER AMENDMENT
ADOPTED NOVEMBERA 8008 PROVIDING FOR SEVERA
BILITY; ORDINANCES i,INCONFLICT; AND PROVIDING AN
EFFECTIVE DATE._
A:RESOLUTION_ OF. .THE;MAYOR AND. CITY COMMISSION.
DF:.THE CITY OF_ SOUTH MIAMh;RELATING TO A REQUEST
PURSUANT TO. SECTION;2D- 3.4(Bx4)(b) - -0 THE LAND
- DEVELOPMEhIT.COD�'FOR SPECIAL USE APPROVAL TO
-LOCATE :A�GENERAL- `RESTAURANT AT 6001 SW 70th
STREET (VALENCIA BUILDING) WITHIN THE - TODD -MU5"
TRANSIT ORIENTED DEVELOPMENT DISTRICT -MIXED USE
S'ZONING.USE;OISTRICT-0AND PROVIDING AN EFFECTIVE
:A RESOLUTION OF THE MAYOR AND.CITY COMMISSION
OF THE CITY OF. SOUTH "MIAMI. RELATING TO REQUEST
' P NT
URS. UA'TO`= SECPIONF_.7,0- 3;4(Bx4)(b) OF THE -LAND
=DEVELOPMENT CODE FOR_SPECIAL. USE.APPROVAL TO
LOCATE A - GENERAf :RESTAURANT AT 5900 SW 73rd
STREET WITHIN THE "SR (HD -0V)' SPECIALTY.: RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND
- PROVIDINGANEFFECTNE DATE.
A`RESOLUTION OF ?HE -MAYOR -AND CITY COMMISSION
.OF. THE.CITY OF. SOUTH MIAMI; FLORIDA RELATING
TO THE'ISSUANCE OF A CERTIFICATE.:OF APPROPRIA-
TENESS PURSUANT TO SECTION', 20- 5:19(Ex3) OF THE
LAND DEVELOPMENT CODE TO PERMIT A WALL SIGNAGE
- ON A DESIGNATED HISTORIC COMMERCIAL BUILDING'
LOCATED AT 5960 SUNSET DRIVE (AMSTER BUILDINGS):
PROVIDING AN EFFECTIVE DATE.
ALL interested parties are invited to attend,ond will be heard.
For further infontiation, please contact the City Clerk's Office at:
305-6 663-6340.
Maria M. Menendez, CMC
Ity Clerk
Pursuant to Florida StatVles 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board.
Agency or Commission jmith- 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.
1116 D9- 3- 219M43386M
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MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review 1/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING AND DATE CHANGE
in the XXXX Court,
was published in said newspaper in the issues of
11/27/2009 -
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount mission or refund for the purpose
of secunn ' m hlicabon in the said
paper.
Swom to and subscribed before me this
27 da FN MBER A.D. 009
1
(SEAL)
MARIA MESA personally known to me
ELETICIA CE CASSIA FREEMAN
MY COMMISSION VDD710253
r EXPIRES August 29, 2011
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