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ORDINANCE NO. _____ _
An Ordinance amending the Land Development Code, Section
20-6.1(C)(1)(a), (3)(b) and (4)(d) and 4(e)concerning membership,
powers and duties and procedures of the Environmental Review and
Preservation Board.
Whereas the Land Development Code provides in Section 20-6.1 (C)(l)(a) that the
Environmental Review and Preservation Board (ltERPBIt) shall have a certain number of
architects as members ; and
Whereas the City of South Miami has found it difficult to fmd architects willing to
se rve as members of the ERPB; and
Whereas the Section 20-6.1 (C)(4)(d) of the Land Development Code is in conflict
wi th the City Charter regarding the appointments to the board and subsection (e) is ambiguous
in situations where the Commission reverses the ERPB 's decisions; and
Whereas there have been instances in which the ERPB has approved plans concerning
change s to construction of commercial and charitable buildings and structures that were
contrary to the original intent of the City'S approval of the construction projects and the
Commission desires to have oversight of certain matters; and
Whereas, the Land Development Code provides in Section 20-1.4 (C) that the
ItCode may be amended from time to time in accordance with the provisions of this Code as
required or allowed by subsequent legislative enactments"; and
Whereas, Secion20-6. I (A)(2)(e)(i) of the Land Development Code provides that the
City Commission may amend the provisions of the Land Development Code .
NOWTHEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Section 20-6.1 (C)(l)(a), (3)(b) and (4)(d) and 4(e)ofthe City of South
Miami's Land Development Code are hereby amended as follows:
20-6.1 -Administrative entities.
* * *
(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 ffifle t9j a minimum of five (5) members ("Mandator y
Members") who reside or work in the city and the ERPB should also have , but it is
not required to have, three(3), but no more than four (4), members ("Additional
Members") who are architects or landscape professionals who reside or work in the
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City, one of whom should preferably be a landscape architect. , OJwept as provided in
ii. below, There shall be no more than two (2) landscape professionals who occu p'
the seats of the Additional Members; however, nothing contained herein shall restrict
the number of landscape professionals who occupy the five (5) Mandatory MembL"
seats on the Board. There shall be no more than a total of nine (9) members on th e
ERPB.
1. The mayor, with the advice and consent of the city commISSIon,
members of the ERPB shall be appointed appoint the members of the board in
accordance -with the City Charter.
ii. Board membership shall include at least one (1) registered land scal JL
architect All architects must be licensed to practice in the State of Florida. If it is
determined by the City Commission that the position of landscape 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 landscape
architect may be filled by a qualified individual who does not reside or work in the
City.
lH Board membership shall include two (2), but no more than four (4),
architects licensed to practice in the gtate of Florida.
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 his or her successor is appointed, but in no event shall he or she exceed
any applicable term limit.
********
(3) Powers and Duties.
(a) The board shall have all such powers and duties as are granted by this
Code.
(b) The board shall review and recommend approv~al, or disapprov~a-t,
with or without modification .. en all site plans, projects and specifications as required
under the board's mandatory review pursuant to this Code, subject to a re view b, th
City Commission as set forth herein . The decision of the ERPB shall not bee l 111('
final until the close of business on the Thursday following the ERPB meeting. l
any time before the ERPB 's decision becomes final, the decision may be delayed and
the matter may be addressed at a City Commission meeting at the request of a
member of the City Commission. If any City Commission member noti fies the
Planning and Zoning Department that the Commission member requests a review o f
the matter by the City Commission, the matter shall be placed on the agend a for th '
next Commission meeting for final review and approval, or disapproval, ,\-it h or
without modification. The decision of the Commission shall be final and bind in g and
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shall supercede the decision of the ERPB. Howe'.'er, all site plans , projeets a n d
sj3eeifieatioR that req\:lire BRPB appro't'al and fuat iR't'ol't'e any eommerei al Sf
eharitable eRdeal/or whose iRitial estimated eORstructioR eost exeeeds $5 ,00 0.0 0 or
where the total area of the site eueeeds 15,000 sq\:lare feet, as well as all ad diti on :,
exteRsioRs or changes to s\:leh projeets, plans or speeifieatioR, shall require appro l, al
by fue City CommissioR .
* * * *
(4) Procedures.
9 * * * *
1 0 (d) All approved plans and specifications shall bear the official signature of
11 the chair presiding at the meeting at which such plans and specifications are
12 approved, or of the Mayor if the ERPB decision is reversed or modified by th e (I \
13 Commission.
14 (e) If a set of plans is denied, or modification is recommended, the board
15 or the Commission, as is applicable , shall, to the greatest extent possible, make
16 specific findings as to the reasons for denial and modification, and recommend
17 appropriate changes, if possible.
18
19 Section 2: Codification. The provisions of this ordinance shall become and be
20 made part of the Code of Ordinances of the City of South Miami as amended; that the
21 sections of this ordinance may be renumbered or re-lettered to accomplish such intention;
22 and that the word "ordinance" may be changed to "section" or other appropriate word.
23
24 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance
25 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
26 holding shall not affect the validity of the remaining portions of this ordinance.
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28 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
29 section and parts of sections of ordinances in direct conflict herewith are hereby repealed.
30 However, it is not the intent of this section to repeal entire ordinances, or parts of
31 ordinances, that give the appearance of being in conflict when the two ordinances can be
32 harmonized or when only a portion of the ordinance in conflict needs to be repealed to
33 harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its
34 terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
35 that needs to be repealed to harmonize the two ordinances shall be repealed.
36
37 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2011.
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ATTEST:
CITY CLERK
1st Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
CITY ATTORNEY
w:\my documentslresolutions\ordinance erpb amended revised 01-03-12 at meeting. doc
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