M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, ICMA-CM, CFM, Town Manager
Date: October 16, 2019
Re: Amending Section 3-40 of the Town's Land Development Regulations (First Reading)
REQUEST
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AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING SECTION 3-40 OF THE LAND DEVELOPMENT REGULATIONS, RELATING TO GROWTH MANAGEMENT PLAN AMENDMENT APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
Town staff is proposing an amendment to the text of the Land Development Regulations to achieve consistency with ?163.3184, F.S. The text in question reflects an outdated provision of the Florida Statutes, which restricted comprehensive plan amendments to no more than twice a year. That provision (previous ?163.3187(1)(a), F.S.) was deleted by the Florida legislature in 2011.
EXECUTIVE SUMMARY OF RECOMMENDED CODE CHANGE 1
Sec. 3-40. - Growth Mmanagement Pplan amendments.
Applications to amend the Town's Growth Mmanagement Pplan amendments mayshall be considered two times a year, unless otherwise exempted by state statutes, in a manner consistent with ?163.3184, F.S. and in accordance with the following procedure procedural calendar and regulations:
(1) Initiation of application. Amendments to the Ttown's Ggrowth Mmanagement Pplan may be initiated by the majority vote of the Ttown Ccouncil, motion of the majority vote of the LPA, Ttown administration, petition of the property owner or owner's agent, or contract purchaser with the owner's written consent, which is the subject of a proposed amendment.
(2) Application filing. With the exception of Town-initiated amendments, aAmendment applications shall be filed with the Ddepartment of Ccommunity Ddevelopment. The required application form must be completed and signed by the owner or owner's agent, or contract purchaser...
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