12-02-08 Item 2c) Bilzin Sumberg
Jerry B. Proctor, P.A.
Direct Dial (305) 350 -2361
Direct Facsimile (305) 351 -2250
E -mail: jproctor @bilzin.com
November 20, 2008
Via E -Mail & US Mail
Mr. Sandy Youkilis
Interim Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: "First On Sunset" Applications (Development Agreement Amendment and
Special Exceptions)
Dear Mr. Youkilis:
As you know, the above - styled applications were approved by the Planning Board on
October 28, 2008.
Please accept this letter requesting deferral of consideration of these applications by the City
Commission until after the City's special election to replace. Commissioner Randy Wiscombe, for a
period of not less than sixty (60) days, pursuant to Section 20 -5.6 (E) (2) of the City Code. We
request that these applications be deferred until the Commission's first meeting in February, 2009.
We would appreciate the scheduling of this deferral request on the City Commission Agenda of
December 2, 2008.
Please give me a call if you have any questions. Thank you.
Sincerely,
Z C
Jerry B. Proctor
JBP:id
cc: W. Ajibola Balogun, City Manager, South Miami (Via E -mail)
Luis Figueredo, Esq., City Attorney, South Miami (Via E -mail)
T. Allen Eagleson
Arnie Piechocki
Allison Schmitt
Alexandra Deas, Esq.
MIAMI 1676765.1 7681329325
11/20/08 4:15 PM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 v,,�vw.bilz!n.com
Ord. No. 23 -07 -1924
2
regarding Chapter 163, Florida Statutes.
(D) Withdrawal of a Petition. Any application for an amendment, supplement or
change may be withdrawn by request, in writing, from the applicant at any time before a
decision of the commission, but if withdrawn after advertisement for a public hearing or
posting of the property, the same or substantially similar application governing the same
property shall not be resubmitted for a period of at least one (1) year except at the request
of a majority of the commission it can be heard after a period of six (6) months after the
date established for the prior hearing. Filing fees shall not be refunded upon any
withdrawal.
(E) Notirication to Defer an Application Scheduled for Public Hearing Before
the Planning Board and City Commission:
(1) An application requiring public hearing which has been posted, advertised or
notice mailed to property owners within the required five hundred (500) feet of the
subiect property may be deferred by an applicant or applicant's representative if
written notification is provided to the Planning Department and the City Clerk Office
no later than seven (7) working days prior to the scheduled public hearing. After the
notice to defer is filed in written form with the Planning Department and the City
Clerk Office, the Planning Director or City Clerk shall immediately re- notify by mail
the property owners within the five hundred (500) feet radius and post public notice
at the site advisink the public of the deferral.
F ( If the Applicant or Applicant's representatives formally request within the time
frame stated above the deferral of an application scheduled for public hearing, the
application shall not be scheduled for public hearing for a minimum period of sixty
(60) days from the date of the meeting at which the deferred application was set for
public hearing An additional fee equal to 25% of the original application filing fee
_must be submitted before the Planning Board or City Commission public hearing is
re- scheduled.
"(3) Failure to provide proper and timely notification as set forth in Section 20-
5 6(E)(1) above will require the Applicant or Applicant's representative to appear
before the Planning Board or City Commission in order to formally request a
deferral of the application A motion for deferral may be adopted by the Planning
Board or City Commission If the Application is approved for deferral it will be
scheduled for public hearing no sooner than sixty (60) days from the date of the
meeting at which the deferred application was set for public hearing. An additional
fee equal to 25% of the original application filing fee must be submitted before the
Planning Board or City Commission public hearing is re- scheduled.
(4) A request for deferral made by the City Manager, Planning Director, Planning
Board, City Manager or City Commission and shall not be subject to the
requirements set forth above in Sections 20- 5.6(E) (1)(2) (3) .
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.