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12-08-09 Item 6• South Miami kXAMA All- America City NEO CITY OF SOUTH MIAMI 1111. �� 1927oP OFFICE OF THE CITY MANAGER o Rt INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Roger M. Carlton, Acting City Manager V&&4— From: Thomas J. Vageline, Director /hYl< 1 Planning and Zoning Department' - Date: November 17, 2009 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE 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 qpplication 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 20- 6.1.(A)(3) "Procedures" must be amended in order to make the LDC 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. • •CITY COMMISSION ACTION The City Commission at its July 28, 2009 meeting discussed the proposed ordinance and approved it on first reading. Prior to second reading it was suggested by Commission members 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 Planning Board at its September 9, 2009 meeting did recommend that the Land Development Code be amended to contain a definition of "development regulations" and a definition of "land use regulation ". This item was forwarded to the City Commission and approved on first reading by the City Commission at its November 3, 2009 meeting. RECOMMENDATION It is recommended that the proposed amendment as shown in attached draft ordinance be approved on second and final reading. Attachments Draft ordinance LDC 20- 6 1(A)(3)(3)(a)- Current Regulations City Charter Article 11 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 6 13109) • Public Notices • SAY X:\Comm Items\2009 \1 1 -17 -09 \LDC Amend Vote Req CM Report.doc I ORDINANCE NO. •2 3 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT 5 CODE 20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE ENTITIES -CITY 6 COMMISSION" IN ORDER TO REVISE PROVISIONS RELATED TO THE 7 VOTE REQUIREMENT OF THE CITY COMMISSION ON ORDINANCES AND 8 RESOLUTIONS PERTAINING TO THE LAND USE AND DEVELOPMENT 9 REGULATIONS WHICH WILL BE CONSISTENT WITH THE CHARTER 10 AMENDMENT ADOPTED NOVEMBER - 4, 2008; PROVIDING FOR 11 SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, Article II (D)(1) of the South Miami City Charter was amended by the 15 voters on November 4, 2008 in order to modify the number of votes needed by the City. 16 Commission to adopt ordinances changing the Comprehensive Plan text, the 17 Comprehensive Plan Future Land Use Map or applying any development regulation which 18 in any manner makes them less restrictive; and 19 20 WHEREAS, the Land Development Code Section 20- 6.1(A)(3) entitled 21 "Administrative entities- Procedures " also sets forth the required number of votes needed 22 by the City Commission to adopt ordinances changing the Comprehensive Plan text, the 23 Comprehensive Plan Future Land Use Map or applying any development regulation which 24 in any manner makes them less restrictive; and • 25 26 WHEREAS, the City Commission voting requirements set forth in Land 27 Development Code Section 20- 6.1(A)(3) are not compatible with the recent amendments 28 to Article II (D)(1) of the South Miami City Charter and could result in misunderstandings 29 or legal issues; and 30 31 WHEREAS, the Planning and Zoning Department has prepared an amendment to 32 Land Development Code Section 20- 6.1(A)(3) in order make this section compatible with 33 the new provisions in Article II (D)(1) of the South Miami City Charter; and 34 35 WHEREAS, the Planning Board at its May 26, 2009 meeting conducted a public 36 hearing* and at its meeting on June 23, 2009 adopted a motion by a vote of 5 ayes 0 nays 37 recommending approval of the proposed amendments;. and 38 39 WHEREAS, the City Commission desires to accept the recommendation of the 40 Planning Board and enact the aforesaid amendment. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 45 Section 1. That Section 20- 6.1(A)(3) entitled "Administrative entities- Procedures" of the 46 Land Development Code is hereby amended as follows: • 47 48 49 50 51 2 1 Section 20 -6.1 Administrative entities. •2 3 (A) City Commission. 4 5 (3) Procedures. 6 7 (a) Voting. 8 9 i. Except for those items listed in (ii) and (iii) below, not less 10 than three (3) affirmative votes of the city commission shall 11 be required to approve agenda items. 12 13 ii. With the exception set forth below in (iii) four (4) 14 affirmative votes of the city commission shall be required to 15 approve a change to the adopted Comprehensive Plan, a 16 , a rezoning when a properly 17 written protest is filed, a variance, a special use, a special 18 exception, a planned unit 19 development or to apply current land use and 20 development regulations in any manner to make them 21 less restrictive. 22 23 iii. Five (5) affirmative votes of the _city commission shall be C required to amend land use and development regulations •24 25 in any manner to make them less restrictive. 26 27 (b) Public Bearings. 28 29 i. The city commission shall hold public hearings when 30 amending the adopted Comprehensive Plan, amending the 31 text of this Code, rezoning, approving special uses, 32 approving special exceptions, granting variances and 33 permitting nonconforming uses. All other items shall not 34 require a public hearing for commission action. 35 36 ii. Actions upon site plans, variances, administrative appeals, 37 planned unit developments, nonconforming uses, special 38 exceptions and special uses shall be by resolution. All other 39 actions shall be by ordinance. 40 41, (c) The city commission may defer action on any application or other 42 matter before it, for cause, for a reasonable period of time. 43 44 (d) The city commission may refer a matter back to the planning board 45 or the environmental review and preservation board for further 46 consideration and recommendation. 1047 48 49 50 51 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 •24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 • 47 48 49 (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 fF 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 1't Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2009 APPROVED: 0TY.I O 7 COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: (New wording in bold and underlined; wording removed in stoike tho-osip� X: \Comm Items \2009 \11- 17- 09\LDC Amend Vote Req. Ord.doe • ADMINISTRATION AND ENFORCEMENT 20 -6.1 ARTICLE V1. ADMINISTR.ATION 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 Supp. No. 10 .133 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; iu. 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 vu. 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. u. 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 ARTICLE 11 (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 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. this Charter, every adopted the expiration of ten (10) specified.therein. D. Voting Procedure. "yeas" and "nays" shall be of each meeting. - Except as otherwise- provided in ordinance shall become effective at days after adoption of any other date Voting shall be by roll call._ The recorded individually in the minutes No Commission member shall be excused from voting as required by law. (Amended 2/8/00) Z. 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 an manner to make them less restrictive 11 SOUTH MIAMI CITY CHARTER AMENDED 11/04/08 • 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 H, SECTION 6 D.1. OF THE CITY CHARTER, "REQUIREMENTS FOR ADOPTION," BE AMENDED TO PROVIDE: Additions shown by underlinin and deletions shown by everstfildag. 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 TEEM 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 H. 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 apply current land use and development regulations in anv 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 affinnative 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 ever-s • • Pg. 3 of Ord. Nv_ 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 29th day of July, 2008: ATTEST: C CLERK READ AS • CITY ATTOIZNEY "_.•/_0 C.. MAYOR 1 sf Reading — 7/22/0 2nd Reading — 7/29/08 COMMISSION VOTE: 3 -2 Mayor Feliu: Nay Vice Mayor Beasley: Yea Commissioner Wiscombe: Nay Commissioner Beckman: Yea Commissioner Palmer: Yea Additions shown by underlining and deletions shown by • • • 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 AW NEXTTOYOUR 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 equivoca, lea las instrucciones clue se le dan pares corregir su boleta. POU VOTE, RANPLI ANDEDAN OVAL LAN NET s AKOTE SA W CHWAZI AN. Si w fe yon ere, revize enstnksyon yo sou kouman you korije bilten vot w an. Question Nm 1 Question No. 2 Shag Article II, Section 6 D.1. of fame City Charte "Requirements for Adoption," be amended I provide: Efedive upon passage of this amendment•, an ordinance that authorizes the issuance of bonds c the bomyMng of money in excess of five percent c the City's operating budget shag require five affirmative votes of the City Commission? Propuesta Num 2 ZDebera enmendarse elArtiajlo 11, Seccion 6 DA. ck la Carta Constih.iaonal de la Ciudad, inlitufadc "Requisitos para la aprobaaon ", de manera que disponga que: Shag Article II, Section 6 D.1. of fie City Charter, a partir de fa legislaa6n de esta enmi nda, toda "Requirements for Adoption," be arrendbd to ordenanza que autorice la emis& de bonos o la provide. sotrcitud de presiarrtos cuya afia exceda el cinco por aento del presupuesto operdDrial de la audad, Efective upon passage of fits amendment: any ordinance that arr>ends land use and development regulations in any manner to make ttretn less redrk: ve shag require five afirrrmative votes of the City Commission? Propuesta Num 1 6Debera enmendarse elArticulo II, Section 6 0.1. de la Carta Constihuaord de la Ciudad, inbtulado "Requisribs para la aprobaa6n ", de manera que despexmga que: a parfir de la leg'rslaaon de esta aruniaxfa, Coda ordenanza que interde modficarde alguna manes las reguladones sotire el use y urb� de terrenos corm el objet de hacerlas menos restrU as, debera contar con anco votos afinnativos de la Comisi6n de la Ciudad? Kestyon Nim 1 Eske se pouAfik2, Seksym 6 D.I. nan Konslitisyon Vil la, "Egajans you Adopsyon ", amande you mete anplas: Efeklif apati de dat amannman sa a pase, nenpbt 9donans Id amande baj teryen ak regiemant s on ievlopman nan okem Eason you yo gen rnwens estriksyon va egale seek vot poziff delapade Cornisyon Vd la? D YES/Si/WI 225 D NO /NO /NON 226 debera contar con anco votes afnTzhos de la Cornisi6n de la Ciudad? Kestyon Nim. 2 Lke se youAtik2, Sefayon 6 DA. nan Konstitisyon Vd la, "Egajans you Adopsyon , amande you mete anptas: Efeldif apati de dat amannman sa a pase, nenp6t odonans Id otorme emisym bon monete osm prete lajan id pliske senk pousan de bide operasyonel UI la va egnje seek vot pozitf delapade Kornisyc i Vd la? O YESISUWI 228 O NO /NO /NON 229 • 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. isWhitman, 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. Except for those items listed in (ii) and 6ii 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 f6€ 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 J • 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 s0U7T, South Miami 01 �� All-America City U 1 1 • INCORPORATED 1927 z RYA 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 Departme 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 COMMSSION 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 then? 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 S 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/underlined; wording to be removed shown in Aq 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, LDC Amendment June 23, 2009 Page 3 of 4 • * �s- a rezoning when a properly written protest is filed, a variance, a special use, a special exception, a==hOme, 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 x�iqt .t 1—p-Judie^j except in which case reconsideration is possible after six (6) months fEw 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 613109) 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 Page l 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 rekulations 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 l 1I J • .:'so - * s CITY OF�SOvTH MIAMI 1dOTICE OF PUBLIC HEARING NOTICE IS HEREBYglven that the City Commission. of the City of South.; Miami,. Floi da will condudPublic Hearings, at its)egular City Commission ; meeti ng srh ;led-for Tuesday November -d7 2009 beginning al 7 30' p.m. in the Ci(y Commission Chambers, 6130 Sunset Dme, to consider the following item(s): .. - -AN ORDINANCE OF. THE MAYOR AND: CITY - COMMISSION OF THE CRY OF SOUTH MIAMI, ,FLORIDA RELATJNGSO THE YEAR 2010 GENERAL AND SPECIAL ELECTION' OF THE MAYOR AND CITY COMMISSIONERS, FOR GROUPS, I AND .M 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 MAYOR AND CITY-COMMISSION OF . . THE CITY OF SOUTH MIAMI; FLORIDA' AMENDING- THE.d DEVELOPMENT AGREEMENT ADOPTED AS 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- 6WO.SW 57 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 204.4(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 PROVIDING AN EFFECTIVE DATE. AN " ORDINANCE OF THE MAYOR' AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 2044(Fx2xc) ENTITLED - SPACES LOCATED OFF -SfrE- 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 20-7.6(C)(2xb) BY REMOVING - THE OPTION OF LEASING OF OFFSITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERA- BiL TY, 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 '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 ANEFFECTfVEDATE. ' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' AMENDING THE. SOUTH. �, kflAMI CODE OF ORDINANCES IN ORDER TO REMOVE EXISTING CHAPTER 10A'ENTITLED' "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 W HICH 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- TION; 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 ANQ'.' THE COMMISSION OF THE CITY OF SOUTH MIAMI.- FLORIDA, - AMENDIIt4G;::-THE .-LAND'.:DEVELOPMENT CODE. 20$.1 ". -- :(AH %,�D ADIdINMTFtATIVE- ENT(.�SCITY. COM-=-...: _ �:.. - - MISSION IN ORDER TOREI /ISEPROVIS IONS RELATE DTO.. 'EHE. VOTE- RE0U1REMEN'T:OF THE CITY COMMISSION ON J ORDINANCES ;,AND ,RESOLUTIONS: PERTAINING TO THE r LAND. USE -AND DEVELOPMENTs'REGVLATIONS WHICH ? '.' WILL BE CONSISTENTM&H THEECHARTER AMENDMENT ADOPTED NOVEMBER 4,:008; PROVIDING FOR SEVERA =. BILTTY ORDINANCES IN,CONFLICT; AND PROVIDING AN .� EFFECTIVE DATE, A.RESOLUTION.OF THE.MAYOR AND CITY COMMISSION OF,.THE CITY OF_SOUTH.MIAM.F RELATING TO A REQUEST PURSUANT TO .~SI:CTION';2f;- 3.4(Bx4)(b),,OF THE LAND 'DEVELOPMENT CODE'FOR SPECIAL USE APPROVAL'TO LOCATE ',)4 GENERA_;`ktSTAURANT AT 6001 SW 70th . STREET (VALENCIA BUILDING) WITHIN THE 'TODD -MUS' TRANSIT ORIENTED DEVELOPMENT DISTRICT -MIXED USE .5.70NING USE- .0STRIMAND PROVIDING AN EFFECTIVE :A- RESOLUTION'OF THE *". ybR AND CITY COMMISSION OF THE CITY OF.SOUTH MIAMI, RELATING TO A REQUEST PURSUANT 'TO SECTIO'N1:.7D- 3A(Bx4)(b) OF THE LAND DEVELOPMENT CODE FOR. SPECIAL. USE.APPROVAL TO LOCATE A GENERA4.:RESTAURANT AT 5960 SW 73rd STREET- WITHIN THE 'SR (HD -0V)" SPECIALTY_ RETAIL (HOMETOWN DISTRICT,OVERLAY) ZONING DISTRICT; AND .PROVIDING ANEFFECTIVE.DATE. A RESOLUTION'OF'THE *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(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT A WALL SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5900 SUNSET DRIVE'(AMSTER BUILDINGS): 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 - ItyClek . 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. Agericy or Commissionwith respect to any matter considered at its meeting or hearing, he or she will needs 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. 11/6: 09.3- 219/1343386M R 2 C14 0 N A /W/L H o I_ - 4. — ll U � _ _ Lo s O o y N F - �xti .` 4 L [°j CL co Q �n lL p m 9 w O � O (� n E s O u fC y l!') 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EYE Q�+Z/OOZ Q Om7 QUFF Q Ac EO° O -jueluoo Fue esodmdei io itoid" Aem Rue ul is -siyoM eu)enuop e;eeio >ou Rew noA •pei"pul e6ed pue eiep ey4 uo plw-H l--IW eyl ui peieedde pe eya ielo eouopine enlsnrouoo se peplAwd sl (aheegg3 sp11 :uo!lduosap M'88 :adAijoloo apea/ZVSO /saigeg SUSN :9uOZ/96ed /uO409S 0,UX£ aZ1S IWVIW HinoS do Ano :.JaS!Nanpy Z096MV8 :jagwnN uo!>Jasul :aweN lua!lo Z096MV8 :jagwnN py boozioon 4 :area uoiieoilgnd Q1Baa�rttuB�a�i� MIAMI DAILY BUSINESS REVIEW Published Daily 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 f/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 mall matter at the post office in Miami in said Miami -Dade County, Florida, for a P eriod 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 securin ublication in the said paper. Swom to and subscribed before me this 27 a t-N MBER A.D. 009 l '* (SEAL) MARIA MESA personally known to me LETICIA DE CASSIA FREEMAN •`11atlf ' MY COMMISSION 4DD710253 EXPIRES August 29,2011 ,. (4071726 -0153 fq,l4.uarrvsn.!•:o car ._ 'J ,j"ATc�``�;SDUry ..... a • ._r4p;,,d •_ ':�= `%�` ✓5r_•u°tir•.�. t. .CJ.'1i _�r<• -:t !.,ra�� t9a,�t; acu„o.mo S�:' - '_`%'W?1.-a:Y•. '.r St,- -19x7 r, {T,^i� -1 441`5 IM ^'l� 3i �Y4tTra7: •.JAHr k ij a }."L ur 7 C Oft �) v i ` d����y�y�T, a ?AT?. t1K ^T Y'.1- tom'• . � ii . - ";? i I..... AT�LS��- 't'�.3.UA$�11U�i::r•TC'.L/ rAiCIT;Y_1 OF4SOUTH-MIAMIr 1 'A RESOLUTION OF.THE,MAYOR AND CITY COMMISSION' - ,OF THE CITY - OF'SOUTH MIAMI, FLORIDA, RELATING TO INTRANET, CONNECTION:�IAUTHORIZING. THE t.CITY �.MANAGER;TO ENTER- .INTO,AN AGREEMENT;WfTH ATBT,,, SERVICES FOR,THREE 1'EAR.LEASE'TO UPGRADE THE INTRANET SERVICE AT CITY HALL, FUBUC WORKS AND I {(� PARKS AND ..RECREATION ;,,AND.,:CHARGING THE I�rMONTHLY FEES OF $225000 FOR�METRO ETHERNET 41 I.SERVICE. AlOMG•FOR CITY. HALL;.PUBLIC,WORKS ANDS . -t PARKS -AND RECREATION;;TO- ACCOUNT NUMBER .0011 11340 -513- 4632,- ENTITLED;LEASE PURCHASE- ;lNTRANET' ! EQUIPMENT; PROVIDING FOR AN E_FFECTIVtDAT•E.- T0,4 P1 l�C�.<3- s"N:,.;%1r r::.:A^.1 -Y i:•= '. zd�x qal atin:?if3 ..4AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS -� - SIONOF THE CITY- & SOUTH MIAMI, FLORIDA, }'ADOPTING p ..: A REVISED EVALUATION AND APPRAISAL=;REPORT(EAR), �• • BASED ,.TEXTn;AMENDMENTS ' iTO`THEr,SO gzMIAMI ,,.!t to co ider' to consider. 1 �COMPREHENSIVE.PLAN; THE AMEND GOALS, OBJECTIVES; AND POLICIES .ING COMPREHENSIVE PLAN ELEMEI JMMIS= USE TRANSPORTATION; HOUSING;, •: , °NDING ' CONSERVATION; T RECREATION � At �Fl(2) %li - -=INTERGOVERNMENTAL - COORDINAT . xrC• oQnVlnfl4W ­ Ft a ENTITLED •,'SPACES,LOCATED OFF SITE yIN ORDER,TO ' REMOVE' PROV&b&! ; ALLOWING r FOR[,, LEASING 'OF > I ciFFSITE• PARING BRACES SAS A METHOD SO PROVIDE • ^1r REQUIREDciSPACE §;; AMENDING - SECTION 20-7.6 �'ENTITLED'P..ARMNG INHOMETO",DISTR(CCINORDER',.- wTO MODIFY_ SECTION- ;O- 7.6(C)(2)(b }Se,RtMOVING THE: t +r OPTION OF-LEASING OFOFFrSfTE PARKING SPACES AS A—,-. • METHODjO.PROVIDE.BEQUIRED SPACES -' VIDING; LFOR ?SEYERABILfiY;'ORDtNANCES IN CONFLICT AND`,.. j PROVIDINdAN.EFFE -.nVEDATE:, , -... �..' >-'. . tl.ia° •} a �� . '�... •:,o r��.� AN ORDINANCE 01_•THE MAYOR AND CITY COMMISSION �..OF' THE -CITY OF'SOCITH MIAMI;- FLORIDA;,AMENDING..,, i `- -LAND DEVELOPMENTICODE- SECTION 20 -2.3 ENTITLED : - �; DEFINITIONS;y6Y ADDING A NEW DEFINITION OF'IANO ' •USE REGULATIONS';'AND ADDING A NEW DEFINITION OF -- ,,1,,'DEVELOPMENT REGULATIONS' -BY MODIFYING THE 14 EXISTINGtDEFINITION 'OF,'REGULATIONS •PROVIDING. .1 J FOR SEVERABILITY PROVIDING FOR ORDINANCES, IN _ CONFLC7 AND PROVIDING AN EFFECTIVE DATE -!AN ORDINANCE'OF,THE MAYOR AND THEGTY COMMIS- - SION 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 1 CITY -t, M ; COMMISSION %ON '1` ORDINANCES. AND RESOLUTIONS .PERTAINING TO,THE o `LAND USE AND DEVELOPMENT: REGULATIONS' WHICH 1 )• -WILL BE CONSISTENT WITH THE CHARTER AMENDMENT- T ! ; "ADOPTED. NOVEMBER 4,2006; PROVIDING FOR SEVER -' -- ,4BILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN•" EFFECTIVE DATE. ,�.__ ___.. ...- ORDINANCES" IN oONI -LIU. ­Q, ''J:!': ;a EFFECTIVE DATE. �.£,p. +tt O- 7i"4a.Pf� b 9t?R3J.t s urcYs - -:° �, ' c4 ti, #L,voMrcolTrpq " Sioe#at•urt1 ALL interested parties are Invited to attend and will be heaN Fi ., interested :,� a - .t` j � a : t• - :,.,•: ...viii 3>.; z. ^... i For further inform'alloa pieese'contad the, Clty - Clerks Ortice� 305- 663. 63401. - a.,� .. y - °_"` •'°i 1, r r:>•`:i'�`''1" ' �Mada M. Meneridei, CMC �,y .y.• - =City Clerk Pursuant,to1Ftodda;Statutes 286.0105,-ihe -Ciy hereby advlses p uhlic that Ii`a: person d ecides to appeal any decision ma de, by t Board, Agehiy or'Commtssion with respect to a ny man e- W nsidere< `j its meeting or hearing, he or she will need a record of the proceedin and that for such purpose,' affected person may need to ensure tht verbatim record of the proceedings Is made which record Includes testimony and evidence upon which the appeal is to be'based. . -09-3. 74/135491 LL Y M N 0, C3 C) N C: W m W z Z Z V) 0 v E E O J Q u. uj S uj x .0 .LL 'O ° o'Oaz..°° -v° • `CE T I a= - mod %d � O N • a. A'E- w m �O -yL EW 'o. o -m `� L�Adv WLt-°• a a A EE E.m rt <o'a _. = y'Z Nom, TO O:C cz r c ° .N. d.:E 5 L c ,O A � •L Y L'-O 93- © -V c m .0 L 41" c � o S7 -cC C Itl• . I m m m m m m m m m 0� m m m m m m m m 0 m m m m m m m m m l! - d O/ N N (A N t0 N N f7 G N m In 4* N a 0) m m V! N (q 1 V m. 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