13I ORDINANCE NO. _____ _
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3 An Ordinance amending the Land Development Code, Section 20-6.1
4 (C)(l)(a) and (3)(b) concerning membership and powers and duties of the
5 Environmental Review and Preservation Board.
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7 Whereas the Land Development Code provides in Section 20-6.1 (C)(1)(a) that the
8 Environmental Review and Preservation Board ("ERPB") shall have a certain number of
9 architects as members; and
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II Whereas the City of South Miami (Athe City@) has found it difficult to find architects
12 willing to serve as members of the ERPB ; and
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14 Whereas there have been instances in which the ERPB has approved plans concerning
15 changes to construction of commercial and charitable buildings and structures that were contrary
16 to the original intent of the City's approval ofthe construction projects; and
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18 Whereas, the Land Development Code provides in Section 20-1.4 (C) that the "Code
19 may be amended from time to time in accordance with the provisions of this Code as required or
20 allowed by subsequent legislative enactments; and
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22 Whereas, Secion20-6.I (A)(2)(e)(i) of the Land Development Code provides that the City
23 Commission may "[a]mend the provisions ofthe adopted Comprehensive Plan and this Code."
24 NOWTHEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26 Section 1: Section 20-6.1 (C)(l)(a) and Secion20-6.1(C)(3)(b) of the City of South
.27 Miami's Land Development Code is hereby amended as follows:
28 20-6.1 -Administrative entities.
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(C) Environmental Review and Preservation Board.
(1 )Establishment and Membership.
(a) An environmental review and preservation board ("ERPB") is hereby created
which shall consist of flifte ~ five (5) members who reside or work in the city
and it should also have three(3), but no more than four (4), architects, one of
whom should be a landscape architect, , .me6jlt as j'lrevided iB ii. Belew,
I. The mlryer, with the adviee and eeBseat ef the eity eernrnissieB, members of the
ERPB shall be appointed aweiat the members ef the Beard in accordance with
the City Charter.
ii. Board membership-shaH should include at least three (3) architects one (1) of
whom should be a registered landscape architect and all architects must be
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licensed to practice in the State of Florida. If it is determined by the City
Commission that the position of landseape architect cannot be filled by a qualified
individual who resides or works in the City, the residency requirement may be
waived by the Commission and the position of landseape architect may be filled
by a qualified individual who does not reside or work in the City.
iii Beard memaership shall inelH4e twe (2), altt ne mere than fell!' (4), arehiteets
lieensed 10e praetiee in ilie State ef Flerida.
W. iii. Members of the environmental review and preservation board may not work
for the City or be employed by any company that has contracts with the City.
*iv Members shall serve for a term of two (2) years but may remain on the board
until a successor is appointed, but in no event shall he or she membership exceed
any applicable term limit.
* * * *
(3) Powers and Duties.
IS * * * *
16 (b) The board shall review and recommend approval, disapproval or
17 modification on all site plans, projects and specifications as required under the board's
18 mandatory review pursuant to this Code. However, all site plans, projects and
19 specification that require ERPB approval and that involve any commercial or
20 charitable endeavor shall require approval by the City Commission for any
21 modification if the total area of the previously approved construction site, project
22 and/or specification, when added to the modification requested, exceeds 15,000 square
23 feet.
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25 Section 2: Codification. The provisions of this ordinance shall become and be made
26 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
27 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
28 "ordinance" may be changed to "section" or other appropriate word.
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30 Section 3, Severability. If any section, clause, sentence, or phrase of this ordinance is
31 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
32 shall not affect the validity of the remaining portions ofthis ordinance.
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34 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section
35 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
36 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
37 appearance of being in conflict when the two ordinances can be harmonized or when only a
38 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
39 ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
40 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
41 harmonize the two ordinances shall be repealed.
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1 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this day
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
_____ ,2011.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
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