07-20-04 Item 21FBI
I 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 TO THE ELECTORATE OF THE
7 CITY AT THE NOVEMBER 2, 2004 ELECTION; PROVIDING FOR
8 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
9 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 OR RESOLUTION THAT ALLOWS
42 DEVELOPMENT TO EXCEED A BUILDING HEIGHT OF
43 FOUR STORIES, AS DEFINED BY THE APPLICABLE
Additions shown by underlining and deletions shown by e.°
I SECTIONS OF THE CITY OF SOUTH MIAMI LAND
2 DEVELOPMENT CODE, WITHOUT FIRST GETTING
3 APPROVAL BY A VOTE OF THE ELECTORS.
4
5 ANY INCREASE IN HEIGHT OR DENSITY AS DEFINED
6 ABOVE SHALL BE SUBJECT TO A VOTE OF THE
7 ELECTORS OF SOUTH MIAMI.
8
9 YES
10 NO
11
12 Summary: If the question is approved by a majority of the voters voting at the
13 November 2, 2004 election, the Charter of the City of South Miami shall be amended as
14 follows:
15
16 ARTICLE VI. General Provision
17
18 SECTION 15. Limitation on Building Height and Density
19
20 Effective upon passage of this amendment, the city
21 commission shall not pass any ordinance or resolution that
22 allows development to exceed a building height of four
23 stories, without first getting _ approval by a vote of the
24 Electors.
25
26
27
28 Section 2. The election shall be scheduled for November 2, 2004. If a majority
29 of voters voting in the election approve the amendment to the charter, all provisions of
30 the charter, the land development code and the code of ordinances in conflict shall be
31 repealed.
32
33 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
34 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
35 shall not affect the validity of the remaining portions of this ordinance.
36
37 Section 4. All ordinances or parts of ordinances in conflict with the provisions
38 of this ordinance are repealed.
39
40 Section 5. The definitions contained in Sections 20 -2.3 and 20 -7.5 of the city of
41 South Miami's Land Development Code shall apply to this ordinance
42
Additions shown by underlining and deletions shown by ^To . ° ��
I Section 6.
2 Ordinances.
3
4 Section 7.
5
This ordinance shall be codified and included in the Code of
This ordinance shall take effect immediately upon enactment.
6 PASSED AND ADOPTED this
7
8 ATTEST:
9
10
11 CITY CLERK
12
13
14
15
16
17 READ AND APPROVED AS TO FORM
18
19
20 CITY ATTORNEY
21
22
day of , 2004.
APPROVED:
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by e �o o°-strilgng