File #: Item # 2019-203    Version: 1 Name:
Type: Ordinance Status: Second Reading
File created: 10/10/2019 In control: Town Council
On agenda: 11/20/2019 Final action: 11/20/2019
Title: 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.
Attachments: 1. Manager Memo-2nd Reading-Amending Sections in Chapter 3 LDR, 2. Manager Memo-2nd Reading-Attachment A-Advertisement, 3. Ordinance-2nd Reading-Amending Sections in Chapter 3 LDR, 4. Manager Memo-1st Reading-Amending Sections in Chapter 3 LDR, 5. Ordinance-1st Reading-Amending Sections in Chapter 3 LDR



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: November 20, 2019

Re: Amending Section 3-40 of the Town's Land Development Regulations (Second Reading)

* Changes between 1st and 2nd reading are highlighted in yellow double
strikethrough/ double underline


REQUEST
title
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text of the Land Development Regulations to achieve consistency with ?163.3184, F.S. The text in question reflects an outdated provision of the Florida Statutes, which restricted comprehensive plan amendments to no more than twice a year.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 Ddevelopm...

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