14ORDINANCE NO. _____ _
An Ordinance amending the Land Development Code, Section 20-6.1
(C)(l)(a) and (3)(b) concerning membership and powers and duties of the
Environmental Review and Preservation Board.
Whereas the Land Development Code provides in Section 20-6.1 (C)(1)(a) that the
Environmental Review and Preservation Board ("ERPB") shall have a certain number of
architects as members; and
Whereas the City of South Miami (Athe City@) has found it difficult to find architects
willing to serve as members of the ERPB ; and
Whereas there have been instances in which the ERPB has approved plans concerning
changes 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
Whereas, the Land Development Code provides in Section 20-1.4 (C) that the "Code
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, Secion20-6.1 (A)(2)( e )(i) of the Land Development Code provides that the City
Commission may "[a]mend the provisions of the adopted Comprehensive Plan and this 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)(1)(a) and Secion20-6.1(C)(3)(b) of the City of South
Miami's Land Development Code is hereby amended as follows:
20-6.1 -Administrative entities.
* * * *
(C) Environmental Review and Preservation Board.
(I)Establishment and Membership.
(a) An environmental review and preservation board ("ERPB") is hereby created
which shall consist of nine (9) members , at least five (5) of whom shall members
wOO reside or work in the Ceity and it should also have three(3), but no more than
four (4), architects, one of whom should be a landscape architect , , e)wept as
provided in ii. below, The fact that there is a vacancy in the board shall not affect
the ability of the Board to conduct its business nor shall such vacancy affect any
action taken by the Board , provided the Board has a quorum at the time of such
action .
1. The mayor, '.vith the advice and consent of the city commission, members of the
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ERPB shall be appointed appoint the members of the board in accordance with
the City Charter.
11. Board membership shall shou ld include two (2), but no more than four (4),
architects or landscape professionals, including horitculturalists , include at least
three (3) architects one (1) of whom should be a registered landscape architect.
aOO Tthe architects need not fllU-5t 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 \vho resides or 'n 'orks in the City, the
residency requirement may be vt'aived by the Commission and the position of
landscape architect may be filled by a qualified individual """ho does not reside or
work in the City.
111 Board membership shall include two (2), but no more than four (4), architects
licensed to practice in the State of Florida.
iv. iii. Members of the environmental review and preservation board may not work
for the City or be employed by any company that has a 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 heis or s her membership
exceed any applicable term limit.
(b) Any member of the board shall be automatically removed for missing, without
approval of the Board's Chairperson, three (3) regular meetings in a row or five (5)
meetings in a twelve (12) month period.
1. The Planning and Zoning Director shall keep a record of meetings missed.
ii. The Planning and Zoning Director shall advise the City Commission and the
member being removed that such member has been automatically removed.
* * * *
(3) Powers and Duties.
* * * *
(b) The board shall review and recommend approveal, disapproveal or approve
with modification en all site plans, projects and specifications as required under the
board's mandatory review pursuant to this Code. However, all site plans, projects and
specification that require ERPB approval and that involve any commercial or
charitable endeavor shall require approval by the City Commission for any
modification if the total area of the previously approved construction site, project
and/or specification, when added to the modification requested, e)weeds 15,000 square
~
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Section 2: Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section
and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
appearance of being in conflict when the two ordinances can be harmonized or when only a
portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2012.
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
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