07-20-04 Item 20I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
5 CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT
6 BUILDING HEIGHT AND DENSITY WITHIN SINGLE- FAMILY
7 ZONE AREAS TO THE ELECTORATE OF THE CITY AT THE
8 NOVEMBER 2, 2004 ELECTION; PROVIDING FOR SEVERABILITY,
9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
10
11 WHEREAS, the Mayor and City Commission of the City of South Miami
12 pursuant to the requirements of section 5.03 of the Home Rule Charter of Miami -Dade
13 County and section 166.031, Florida Statutes, the city commission may by ordinance
14 submit to the voters a proposed amendment to its charter and schedule an election on the
15 question not less than 60 days and not more than 120 days from the date the draft is
16 submitted; and,
17
18 WHEREAS, pursuant to section 9 -1.1 of the City of South Miami Code of
19 Ordinances, a public hearing shall be held not less than 60 days before the election and
20 copies of the proposed amendment shall be made available to the public less than 30 days
21 before the election; and,
22
23 WHEREAS, the Mayor and City Commission desire to present this ordinance to
24 the regularly scheduled meeting of the City Commission of the City of South Miami on
25 July 20, 2004.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. The following question shall be submitted to the electors of the City
31 of South Miami at the next general election:
32
33 Title: QUESTION: LIMITATION ON BUILDING HEIGHT AND DENSITY.
34
35 SHALL ARTICLE VI, OF THE CITY CHARTER,
36 "GENERAL PROVISIONS," BE AMENDED TO ADD
37 PARAGRAPH 15 TO PROVIDE:
38
39 EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
40 THE CITY COMMISSION SHALL NOT PASS ANY
41 ORDINANCE THAT ALLOWS DEVELOPMENT TO
42 EXCEED A BUILDING HEIGHT OF TWO STORIES AND
43 25 FEET WITHIN 50 FEET, AND TWO STORIES AND 30
Additions shown by underlining and deletions shown by °u°r�
I FEET WITHIN 100 FEET, OF A SINGLE - FAMILY
2 RESIDENTIAL ZONED PROPERTY LINE, WITHOUT
3 FIRST GETTING APPROVAL BY A VOTE OF THE
4 ELECTORS.
5
6 ANY INCREASE IN HEIGHT OR DENSITY AS DEFINED
7 ABOVE SHALL BE SUBJECT TO A VOTE OF THE
8 ELECTORS OF SOUTH MIAMI.
9
10 YES
11 NO
12
13 Summary: If the question is approved by a majority of the voters voting at the
14 November 2, 2004 election, the Charter of the City of South Miami shall be amended as
15 follows:
16
17 ARTICLE VI. General Provision
18
19 SECTION 15. Limitation on Building Height and Density
20
21 Effective upon passage of this amendment, the city
22 commission shall not pass any ordinance or resolution that
23 allows development to exceed a building height of two stories
24 and 25 feet within 50 feet and two stories and 30 feet within
25 100 feet, of a single- family residential zoned property line
26 _without first getting approval by a vote of the electors.
27
28
29 Section 2. The election shall be scheduled for November 2, 2004. If a majority
30 of voters voting in the election approve the amendment to the charter, all provisions of
31 the charter, the land development code and the code of ordinances in conflict shall be
32 repealed.
33
34 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
35 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
36 shall not affect the validity of the remaining portions of this ordinance.
37
38 Section 4. All ordinances or parts of ordinances in conflict with the provisions
39 of this ordinance are repealed.
40
41 Section 5. The definitions contained in Sections 20 -2.3 and 20-7.5 of the cityf
42 South Miami's Land Development Code shall apply to this ordinance
43
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I Section 6. This ordinance shall be codified and included in the Code of
2 Ordinances.
3
4 Section 7. This ordinance shall take effect immediately upon enactment.
5
6 PASSED AND ADOPTED this _
7
8 ATTEST:
9
10
11 CITY CLERK
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13
14
15
16
17 READ AND APPROVED AS TO FORM
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19
20 CITY ATTORNEY
21
day of 12004.
APPROVED:
MAYOR
1St Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by o er-stfiking.