91 ORDINANCE NO. ______ _
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3 An Ordinance amending the Land Development Code, Section 20-6.1
4 (C)(I)(a) and (b) and (3)(b) concerning membership and powers and duties
5 of the 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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11 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 of the 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, Secion20-6.1(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)(I)(a) and (b) and Secion20-6.1(C)(3)(b) of the City of
27 South Miami's Land Development Code is hereby amended as follows:
28 20-6.1 -Administrative entities.
29 * * * *
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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 nine (9) members, at least five (5) of whom shall members
wile reside or work in the Ceity and it should also have three(3), bU'l no more lhan
fum (4), arehiteets,ene-of-wh:em--4eald .. be a lan<Iseape arebiteet, , exeept--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, 'Nith the advice and consent of the city comrni~sion, 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 should include two (2), but no more than four (4),
architects or landscape professional , including horitculturalists, ffielude-at least
:three (3) architects one (1) of whom should be a registered landscape architect.
and: Tthe architects need not must be licensed to practice in the State of Florida. If
i ~ is determiBe&-l3y-tl'le City CommissffifHhat--tJ:ie position of landscape are&i-te€-t:
cannot be filled by a qualified individual who resides or '+'/orks in the City, the
residency requirement may -be-waived by the Commission and the position-Bf
landscape architect may be filled by -a-qualHi-ea--iOOi¥i-dl:iB1-wh:o does ne1 reside Of
'+'lork in the City.
1ll Board membership shall include t'+'/O (2), but no more than four (4), architects
licensed to practice in the State 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 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' hairperson. 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 approv~al, or disapprov~ah 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 review by the City
Commission as set forth herein. The decision of the ERPB shall not become final until
the close of business on the Thursday following the ERPB meeting. At any time
before the ERPB' s decision becomes final, the decision may be delayed and the matter
may be addressed at a City Comm ission meeting at th request of a member of the
City Commission. If any City Commission member notifies the Planning and Zoning
Department that the Commission member requests a review of the matter by the City
Commission, the matter shall be placed on the agenda for the next Commission
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79 meeting for fina l review and appr val, or disapproval. with or without modificati n .
80 The decision of the Commission shall be final and binding and shall supercede the
81 decision of the ERPB. Ho' .... ever, all site plans , projects and specification Uw require
82 ERl)B apPFe'lal ami fBat -Hwewe any co:mmer~1 or charitable endeavor shan require
83 appro'lal by-----the City COmmlSSiOB for aay--maeI1H-ettl:ien if llie--le-ffil---area.-&· e
84 mevieuslv ePPfO'ied construction site, project and/or specification, weel1-£l6ded to the
85 modification requested, exceeds 15,000 square feet.
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87 Section 2: Codification. The provisions of this ordinance shall become and be made
88 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
89 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
90 "ordinance" may be changed to "section" or other appropriate word.
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92 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
93 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
94 shall not affect the validity of the remaining portions of this ordinance.
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96 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section
97 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
98 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
99 appearance of being in conflict when the two ordinances can be harmonized or when only a
100 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
101 ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
102 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
103 harmonize the two ordinances shall be repealed.
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105 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2012.
ATTEST:
CITY CLERK
1 st Reading B
2nd Reading B
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
CITY ATTORNEY
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