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04-09-02South Miami B. Invocation: CALL TO ORDER: ME= TEMS (S) FOR THE COMMISSION'S CONSIDERATION:m 2. ALTERNATIVE BALLOT LANGUAGE - A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO A XHARTER AMENDMENT TO LIMIT BUILDING HEIGHT IN AREAS OF THE SPECIAL CITY COMMISSION AGENDA��- April 9, 2002 CITY, PROVIDE FOR A BUFFER ZONE ADJACENT TO SINGLE FAMILY RESIDENCES, REQUIRE VOTER APPROVAL OF HEIGHT LIMIT CHANGES AND PRESENTING THE CHARTER AMENDMENT TO THE ELECTORATE OF THE CITY AT A 'SPECIAL ELECTION JANE 18, 2002; PROVIDING AN EFFECTIVE DATE. 3. Adjournment PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH 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. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOSES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING HEIGHT AND DENSITY TO THE ELECTORATE OF THE CITY AT A SPECIAL ELECTION JUNE 18, 2002; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami -Dade County Supervisor of Elections certified a petition to amend the Charter for the City of South Miami on January 11, 2002; and, WHEREAS, pursuant to section 5.03 of the Home Rule Charter of Miami Dade County the city commission shall, within 120 days after the certification of the petition, draft a resolution for presenting the initiative question to the voters and schedule a special election on the question not less that 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, this resolution is presented to the regularly scheduled meeting of the City Commission of the City of South Miami on March 5, 2002. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The following questions shall be submitted to the electors of the City of South Miami at the next general election: Title: QUESTION l: LIMITATION ON BUILDING HEIGHT AND DENSITY. SHALL ARTICLE VI, OF THE CITY CHARTER, "GENERAL PROVISIONS," BE AMENDED TO ADD PARAGRAPH 14 TO PROVIDE: Additions shown by underlining and deletions shown by ^ �t EFFECTIVE FEBRUARY 13, 2002, ALL PROPERTY WITHIN THE CITY OF SOUTH MIAMI SHALL RETAIN ITS HEIGHT AND DENSITY AS MEASURED BY UNITS PER ACRE FOR RESIDENTIAL AND FLOOR AREA RATIO FOR COMMERCIAL AREAS, AS OF THAT DATE. HOWEVER, NO BUILDING SHALL EXCEED 4 STORIES OR 50 FEET IIN HEIGHT; EXCEPT THAT ANY DEVELOPMENT ADJACENT TO (INCLUDING ACROSS ANY STREET FROM) SINGLE- FAMILY ZONED RESIDENTIAL PROPERTY MAY NOT EXCEED 2 STORIES OR 25 FEET IN HEIGHT? ANY INCREASE IN HEIGHT OR DENSITY AS DEFINED ABOVE SHALL BE SUBJECT TO A VOTE OF THE ELECTORS OF SOUTH MIAMI. YES "'TO Summary: If the question is approved by a majority of the voters voting at the special election, the Charter of the City of the City of South Miami shall be amended as follows: ARTICLE VI. General Provision SECTION 14. Limitation on Building Height and Density Effective February 13 2002 all property within the City of South Miami shall retain its height and density as measured by units per acre for residential and floor area ratio for commercial areas, as of that date. However, no building shall exceed 4 stories or 50 feet in height: except that any development adjacent to (including across any street from) single- family zoned residential property may not exceed 2 stories or 25 feet in height Any increase in height or density as defined above shall be subiectto a vote of the electors of South Miami 35 -02 -11384 A o r7a 7 x.4"2 Section 2. The special election shall be scheduled for June 18, 2002. If a majority of voters voting in the election approve the amendment to the charter, all provisions of the charter, the land development code and the code of ordinances in conflict shall be repealed. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5`h day of March, 2002. ATTEST: APPROVED: CITE' CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice Mayor Russell: Yea Commissioner Wiscombe: Yea Commissioner Bethel: Yea Commissioner Feliu: Yea 35 -02 -11384 Page 3 of 3 Chapter 9 ELECTIONS* Sec. 9 -1. State Election Code adopted for municipal elec- tions. L11 general a-� Special elections held in the Ci , of South Miami, Florida, shall be held and conducted in accordance I'Vith the provisions of Chapter 432b, Laws of Florida, Acts 180 -1, and the acts amendatory thereof and supplementary thereto, as nearly as practicable; pro`rlded, that the city cornrPizsion Shall perform all acts in relation to such general land special election, which by state law is made the dut,, of the county com. missioners. Provided that no person under guardianship, idiotic or insane, convicted of felon; ;, riot airy person convicted of bribery, perjury or larceny, or of any infamous crime, or being interested in any bet or wager, the result of F ;hich shall depend Upon a ^,y election; or of (_10 tlng- a duel, Or Ct —1 Ln. Or 1cZ o`, =; ing1y carr-z-i 1_ or a_ceptin" aller?ge t0 a duel, or being a second to either pa y tC o a- d not re - -red to civil r,�� �s sh.ali be qua -if _a t L' t°_ a: any such election. (Ord. Rio. 19, 12 -7 -26, 3} Sec. 9 -1.1. Charter amendment elections. Pursuant t0 ti,= requirei ents of section 5.03 of the HD:-,.e Rule Charter of Dade County, Florida, the procedure tOr the t raitln_° or having dratted of a proposed charter, amendment, revocation, or abolition of the government of the city, shall be by the method of: (1) Accepting for submission to referendum a-n% d:-aft of a proposed cha ter, amendment, revocation or abolition contained in a petition certified to contain the si 7 ,atures of ten (10) per cent of the qualified electors of t;- :e city. `Cross references --A- ,— i;,iistrat ;c ^l, C :. p;;;:.. State lain reference —Matz Election Coda, Chs. 97 -106. Ficr ;da 5,a:utes tEditor's note ---Ch er 432^ Lags c Flcr d �9 Chapters 9J —IC6, inclusive a L 5, ha bee-, =orate ir. Flcrida tatutzs S'spp.No. 54 12 9.1.1 SOUTH MIAMI CODE § 9.3 (2) Having prepared by the city attorney and approved by the city- commission (either with or without the prior prepa- rations and approval of a charter board or committee), a resolution or resolutions calling referenda prow -iding for the adoption, amendment or revocation of the charter to the city or to abolish its existence. (3? That alternative proposals may be submitted to the electors. (' ! That a public hearing to be held on the proposed airiend- ments, revocation or abciition of the charter, not less than S,xty (60) days before the election. (0; Thar . copies of any proposed amendment or amendmnents shall be made available to the electors not less than. tl-hIrty (30) days before the election. (6) That each proposal approved by a majority of the elector % -Dung on such proposal shall become effective at the time Fxed in the prop,; al. Thai a con o tac- approved amendment sha11 be ce. i fied by- the ci`y clerk and filed with the Clerk of the Circuit Ccurt in and for Dade County, Florida. i Ord. No. 651, § 1, 6- 10 -69) Editor's ND. 631. 3 1, :nenr.ad this lode t,, u d; - a.;e= deco ated ••y -1 -A" w ;ch t: ^e e�i.or rede3i,-na, as "3 9 -1.1 t1 t:_e Ccda forzr.at. Sec. 9 -2. Qualifications of electors. Any person who shall possess the qualifications requisite town election at general state elections, and shall have resided in the City- of South Miami six (6) months next preceding any election, and shall have been registered in the registration book of the city" shall be a qualified elector of the city. �� =)i:. S. F" O111I1a Y12ii:eSl caYpviTltiucn� �ii1G —C election inspectors and clerk of inspection. The polling place for all general and special elections for the city, unless other-,vise specialiv pro,ided for, shall be at the Sylvia G. Nlartin Community Building, 6130 Sunset D ive and the city S.IPP. No. S . 126 § 5.Oi ML- 1- NII•DADE COUNTY CODE Annotation— Supreme Court held that proposed autonomy amendment to Home Rule Charter whereby municipalities in county would maintain continuous right to exercise all powers whether granted by own charter, by special actor general state statute was invalid and unconstitutional in part, but not to such an extent that submission of the amendment to the electorate was improper. Dcae County ¢r.d Cicero and Girt r^ r; i. 1f ...,.. -Dcd2 Gc-... Lz -..sue o;',l {u n: pc °ii :�s. 104 So. 2d 512. Sec. 5.02. 'Municipal powers. Each municipality- shall have the authority to exercise all powers relating to its local affairs not inconsistent with this Charter., Each municipality may provide for higher standards of zoning, ser- vice, and regulation than those provided by the Board of County Commissioners in order that its individual character and standards may be pre - sen-ed for its citizens. Sec. 5.03. Municipal charters (A) Except as pro, ded in Section 5.01 an, -..cipallty in the co .;ty m v a : ;'t. an —r ' c. r�=yoke a charter for its own government or a'ol ish its existence in the following manner. Its governing body shall, within one hundred twenty (120) days after adopting a resolution or after the certification of a petition of ten (10) percent of the qualified electors of the municipality-, draft or have drafted by a method determined bv munici- pal ordinance a proposed charter; amendment, revocation, or abolition which shall be submitted to the elector of the municipalities. Unless an election occurs not less than sixty (60) nor more t _ :an one hundred tv;erlty (120) days a` er the draft is submitted, the proposal shall be submit- ted at a special election within that time. The g" "ernin , body shay. r -^a':e c(,--,-.- 2t�ct1!aJ1C llJ 6n':' ClC_L'.; ii'.Jl !..�_ L -, days before the election. Alternative proposals may be submitted. Each proposal approved by a majority of the electors voting on such proposal shall become effective at the time fixed in the proposal. (B) All municipal. charters, amendments thereto, and repeals thereof shall be filed with the Clerk of the Circuit Court. Supp. No. 30 20 Sec. 5.04, Changes in municipal boundaries (A) The planning director shall study munici- pal boundaries with a view to recommending their orderly adjustment, improvement, and es- tablishment. Proposed boundary changes may be initiated by the Planning Advisory Board, the Board of County Commissioners, the governing body of a municipality, or b•� a petition, of any person or group concerned. (B) The Board of County- Commissioners, after obtaining the approval of the municipal gover-n- ing bodies concerned, aiLer hearing the recommen- dations of the Planning Advisory Board, and after a public hearing, may by ordinance effect bound- ary changes, unless the change involves the an- nexation or separation of an area of which more than two hundred fifry (250) residents are elec- tors, 'in which case an affirmative vote of a inajor- itv of those electors voL. sl 1 also be required. Upon any such boundary cha.i--e an-d conflicting boundaries set forth in the charter of such munic- ipality shall be considered amended. .-ai boi.,adar. Sh,a i be alter - ed Exc_1pt as prowl .'e-'lu by tnls . e! • Sec. 5.05. Creation of new municipalities. The Board of Count_- Comnn—zisioners and only the Board may authorize t;^.e creation of new municipalities in the uni ^ ;coraorated areas of the county after hearing the recomniendations ofthe Planning Advisory Board, after a public hearin, and after an affirmative vote of a majority of the electors voting and residing v :ithin the proposed boundaries. The Board of County Commissioners shall appolnt a Charter Cornmis =ion, consCtin? of live (5) electors residin= v ithin the proposed boundaries, who shall propose a charter to be a to the elect,.. �3 in t . .: r : : S _tiJn J.V.Q. 1 ie n r: n all the powers and rights granted to or not with- held from municipalities by this Charter and the Constitution and generalyla:s of the State of Florida. Notwithstanding any provision of this Charter to the contrary, v;ith regard to any mu- nicipality created after September 1, 2000, the pre - agreed conditions bet .-een the County and the prospective municipality «'hich are included in the runicipal charter can only be changed if METROPOLITAN DADE COUNTY, FLORIDA METRO.DgDE' , 4i STEPHEN P. CLARK CENTER OFFICE OF THE SUPERVISOR OF ELECTIONS hlailin Address: 111 NW 1910 ST STREET P.O. Box 012241 MIAMI FLORIDA 33128 -1962 Miami, Florida 33101 -2241 (305) 375 -5553 CERTIFICATION STATE OF FLORIDA) COLTS "TY OF MIAMI -DADE) I, David C. Leahy, Supervisor of Elections of Miami -Dade Countv, Florida, do hereby certify that a signature -bv- signature check of the signatures contained on the Petition to Amend the South Miami Charter, a cope of -which is attached, was performed pursuant to Section 99.097, Florida Statutes. I further certify that said petition contained the c,'alid signatures of at least five hundred and fifty -two (552) registered Voters whose registration addresses are within the municipal limits of the City of South Miami, xhich is ten percent of the number of voters registered as of the February 3, 2000 South Miami General Election, WITNESS W HAND AND OFFICIAL SEAL, AT MIAMI, hIIAMI -DADE COUNTY, FLORIDA, David C. Leah` Supervisor of Elections ` ON THIS 11`h DAY OF JANUARY. 2002. Njliami -Dade County DCL:zr Enc. Petition to Amend South Miami Charter WE THE UNDERSIGNED registered voters of the City of South Miami, Miami -Dade County Florida, do hereby file this petition to amend the City Charter of South Miami and request that the following Charter Amendment be submitted to the registered voters of the City of South Miami: Effective February 13, 2002, all property within the City of South Miami shall retain its height and density as measured by units per acre for residential and floor area ratio for commercial areas, as of that date. However, no building shall exceed 4 stories or 50 feet in height; except that any development adjacent to '(including across any street from) single - family zoned residential property may not exceed 2 stories or 25 feet in height. Any increase in height or density as defined above shall be subject to a vote of the electors of South Miami. Name Addressi Phone Precinct Voter Date Date Ntlmhnr Rnnief Rir+k C;-- 4 1. Sign Print /' 7�1� � �� j f� 2.Sign� Print S•In�• ��'r �_a 3.Sign�1.`N.tAJ F. :nt t Cp (c l- .G 4.Sign,f! �. Print I LL I S i n - g rl n #1' � � L m A � �. � r— iP Print �/� �,L � I v5) L�_L 2 4 L J` - yG 57u 8. S ig n Prin# 'eoi(l _Lp33?�///%finn S'Gr� e- ST- 9.Sign Print I I 10.Sign Print I J 1 umincOV --l- e — ,, 1 _ > 1'GVTLC MAU IN= Ut'YUK I UNi i Y I U READ THE CHARTER �H {GE, PRE ?FNTED �)DENTIFiCATION AND SIGNED THIS PETITION IN MY PRESENCE. ll�� 1 12A � iA The Herald SATURDAY, MARCH 30, 2002 S � outh M /�■�� CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING 201 NOTICE IS HEREBY given that the City Commission of the City of South` Miami, Florida will hold a Special City Commission meeting, at which time pursuant to Section 9 -1.1 of the City of South Miami Code of Ordinances a public hearing will be conducted, as set forth below, on a, proposed citizen initiated referendum which would amend the South Miami Charter. The Proposed amendment, if approved by the voters of the City, would limit building height and density within the City. At the public hearing the City Commission may consider and adopt one or more resolutions setting forth alternative charter amendment language which would also be submitted to the electors of the City of South Miami. The public hearing will be held on Tuesday, April 9, 2002 beginning at 7:30 PM, in. the South Miami City Commission Chambers, 6130 Sunset Drive, South Miami, Florida, 33143. All interested parties are encouraged to attend. Copies of the proposed citizen- initiated and the alternative charter amendment referenda can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Ronetta Taylor, CIVIC City Clerk You are hereby advised that if any person desires to appeal any decision made with respect to any I matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (F.S. 286.0105). South .Miami CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING zom NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will hold a Special City Commission meeting, at which time pursuant to Section 9 -1.1 of the City of South Miami Code of Ordinances a public hearing will be conducted, as set forth below, on a proposed citizen initiated referendum which would amend the South Miami Charter. The proposed amendment, if approved by the voters of the City, would limit building height and density within the City. At the public hearing the City Commission may consider and adopt one or more resolutions setting fort" alternative charter amendment language which we lld aIr- t,2 _ubm fte t ' the electors of the City of South Miami. I The public hearing will be held on Tuesday, April 9, 2002 beginning at 7:30 PM, in the South Miami City Commission Chambers, 6130 Sunset Drive, South Miami, Florida, 33143. AII'interested parties are encouraged to attend. Copies of the proposed citizen - initiated and the alternative charter amendment referenda can be inspected in the City Clerk's Office, Monday Friday during regular office hours. Ronetta Taylor, CMC City Clerk You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (F.S. 286.0105). t� 1 x c cn v n r^ O 0 I z CITY OF SOUTH MIAMI AREAS IMPACTED BY PROPOSED REFERENDUM Area currently zoned to permit between 4 and 8 stories (TODD MU -5). Referendum limits to 4 stories CAW, qfARMP, and 50 feet. SW 64TH ST Area designated TODD which is currently zoned for 2 stories. e y y Comprehensive Plan permits TODD x x x RM to be 4 stoles or more, but h h 18 Referendum limits increases. y Area currently zoned to permit PI $ 4 stories and 56 feet (Hometown 6 District). Referendum limits to 4 stories and 50 feet. �MtJ -4j Areas adjacent to single family zones, _ tn currently zoned /designated to permit d up to 4 stories . e Referendum limits to 2 stories. N PR o x 0 h Hospital PUD Zones, currently zoning SW 6sT r may permit more than 4 stories with p q V {,' public hearing. RM -7 Referendum limits to 4 stories. � Y F L h PI RM -24 NR 4 RT -6 sW �aTx sT R' SW 66TH sw 6 n1---l--l? wrkwsnwl�� 10 umm 2 �lv mi RT-6 I lY ' ' S 787IST 7 �rTT_T= RM 18 0 O L o � 00 w a c� � U O a Wad N y �� LW �� Nom. CN ¢ =Q - NJORcn U) W cN �a¢ 'N No :W �W CL o c Z H d C: c _ c ,U� m� �cnmcn =cn co �_fn �(n arts a �_� O� 00000 00000 �O C000 C r- OCO CO CM OO 3 m ULOSco�LOr• O "'N �tn�coc 0 1' m 00 CO (D r- --j MCD r- LO �n ZT- N M 't LO 0 ti CO 0) O LJ 61ST CT F SW 57TH AV i t i H CT 2LH r z u F F SW 62ND AV i n LL LL s g 0 0 r r SW 59TH C J J ICfi�! iau��` SAMPLE DRAFT RESOLUTION PLACING THREE (3) ALTERNATIVES ON BALLOT RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO CHARTER AMENDMENTS ADDRESSING BUILDING HEIGHTS IN THE CITY OF SOUTH MIAMI, PLACING THREE ALTERNATIVE QUESTIONS ON THE BALLOT FOR PRESENTATION TO THE ELECTORATE OF THE CITY AT A SPECIAL ELECTION JUNE 18,2002; PROVIDING AN EFFECTIVE DATE. WHEREAS, the South Miami City Commission on March 5, 2002 adopted Resolution No. 35- 0211384 providing for an initiative charter amendment to -be placed before the voters at a special election scheduled for June 18, 2002; and WHEREAS, pursuant to Section 9 -1.1 of the City of South Miami Code of Ordinances, a public hearing on the charter amendment has been scheduled for April 9, 2002, which date is more than 60 days before the election; and, WHEREAS, pursuant to Section 9 -1.1 of the City of South Miami Code of Ordinances, alternate proposals may be submitted to the electors; and, WHEREAS, after two public discussion workshops the alternative ballot language set forth in this resolution is presented as part of a public hearing at a special meeting of the City Commission on April 9, 2002. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The following ballot questions shall be submitted to the electors of the City of South Miami at the June 18, 2002 special election: QUESTION «A» Title: A REFERENDUM ADDRESSING BUILDING HEIGHTS IN THE CITY OF SOUTH MIAMI. Additions shown by underlining and deletions shown by everst-Fiking. YES Summary: If the one of the three questions above is approved by a majority of the voters voting at the special election, the Charier of the City of the City of South Miami shall be amended to include the approved language in ARTICLE VI, General Provision, SECTION 14, Building Height. Section 2. The special election shall be scheduled for June 18, 2002. If a majority of voters voting in the election approve one of the three proposed amendments to the charter, all provisions of the charter, the land development code and the code of ordinances in conflict shall be repealed. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ........ 2002.' ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: READ AND APPROVED AS TO FORM: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe CITY ATTORNEY Commissioner Bethel: Commissioner Feliu: Page 3 of 3 SOUTH MIAMI HEIGHT INITIATIVE PETITION Alternate Language C - Effective June 18, 2002 no development in the City of South Miami shall exceed the Hometown Plan Maximum Building Height of four (4) stories, except those properties in the Transit Oriented Development and Hospital Districts. Any increase to these height limits shall be subject to a vote of the electors. D - Effective June 18, 2002 no development. in the City of South Miami shall exceed the Hometown Plan Maximum Building Height of four (4) stories, except those properties in the Transit Oriented Development District and Hospital Districts. Additionally, any non - residential development adjacent to single - family designated areas shall be limited to two (2) stories for a minimum of fifty feet '(50') from said single- family designated areas. Any increase to these height limits shall be subject to a vote of the electors. E - Effective June 18, 2002 no development in the City of South Miami shall exceed the Hometown Plan Maximum Building Height, except those properties in the Transit Oriented Development and Hospital District. Portions of the development adjacent to single- family designated areas shall be limited to two (2) stories for a minimum fifty feet (50') from the single - family area. Any increase to these height limits shall be subject to a vote of the electors.