151 ORDINANCE NO. ______ _
2
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.
6
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
10
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
13
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
17
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
21
22 Whereas, Secion20-6.l(A)(2)(e)(i) of the Land Development Code provides that the City
23 Commission may "[a]mend the provisions of the 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)(1)(a) and (b) and Secion20-6.l(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 * * * *
30
31
32
33
34
35
36
37
38
39
40
(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
wOO reside or work in the Ceity and it should also have three(3), but no more than
four (4), architects, one of v.llom should be a landscape architect, , e)wept as
provided in ii. belo'll, 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, with the advice and consent of the city commission, members of the
Page 1 of 1
/5
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
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 professionals, including horitculturalists, include 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
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 \\110 does not reside or
\-'1ork in the City.
11l Board membership shall include two (2), but no more than four (4), architects
licensed to practice in the State of Florida.
tv. 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.
¥7iv 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 he r 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) m<,mth 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~al, with or
without modification ~ 00 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 Commission meeting at the 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
Page 2 of 1
79 meeting for final review and approval, or disapproval, with or without modification.
80 The decision of the Commission shall be final and binding and shall supercede the
81 decision of the ERPB. However, all site plans, projects and specification that require
82 ERPB approval and that involve any commercial or charitable endeavor shall require
83 approval by the City Commission for any modification if the total area of the
84 previously approved construction site, project and/or specification, when added to the
85 modification requested, exceeds 15,000 square feet.
86
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.
91
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.
95
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.
104
105 Section 5. Effective Date. This ordinance shall become effective upon enactment.
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
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
Page 3 of 1
THE MIAMI HERALD I MiamiHerald.com
NEIGHBORS CALENDAR
• CALENDAR, FROM 34SE
6 p.m. March 14. Jorge Mas Canosa
Youth Center. 250 SW 114th Ave ..
Sweetwater Groves. Free.
THE JAZZ CONNECTION: Join Mike
Cohen of Musicians Discount Center
and The Jazz Connection and enioy
an evening filled with jazz classics as
well as straight ahead jazz. Guest
performances by well-known mu-
sicians are commonplace and always
a treat..
9 p.m. March 15. Irish Tavern And
Grill South. 9823 Eureka Dr., Palmet-
to Bay. FREE. 305-255-9466.
Temple Israel to host its 90th
anniversary with 'A Celebration in
Celluloid' on March 18: As the
temple marks its 90th anniversary, it
will take a look back on Sunday.
March 18th when it hosts "A Celebra-
tion in Celluloid," a program that will
offer a historical narrative of the year
1922 as seen through films and
popular culture of the period ..
3 p.m. March 18. Temple Israel of
Greater Miami. 137 NE 19th St., Media
and Entertainment District. Free of
charge. 305-573-5900.
www.templeisrael.net.
The Zoo Miami Hippo Slide is Back!:
The Hippo Slide, considered the
world's largest inflatable water slide
at 36' high, 47' wide and 175' long, is
back' Meant to be used wet or dry,
you will have a wonderful and fun
experience no matter how you slide!.
10 a.m. March 11. Zoo Miami, 12400
SW 152nd St., Southwest Miami-
Dade. 1 slide -53 2 slides -55 Unlim-
ited slides for 30 minutes -$7.50
Group price available; please see
attendant. 305-251-0400.
Trauma Treatment Program: Avail-
able for survivors of rape, violent
crime, domestic' violence, war,
automobile accidents, terrorism, and
other traumatic experiences. The
session is in English and Spanish ..
9:58 a.m. March 12. University of
Miami Psychological Services Center,
5665 Ponce De Leon 80ulevard,
Coral Gables. $30 each session.
305-284-4265.
Winged Wonders: Location: Parrot
Bowl
Presented in the Pepsi Parrot
Bowl, Winged Wonders captivates
audiences with some of the most
beautiful, playful, and dangerous
birds from allover the world ..
12 p.m. March 12. Jungle Island, 1111
Parrot Jungle Trail, Watson.
305-400-7000.
CYCLING
University of Miami Bike Tour: Enjoy
a leisurely bike tour throughout the
University of Miami with HistoryMia-
mi guide Sarah Coles and learn
about its history. See the library,
wildlife at Lake Osceola, the school
of Architecture and the monkeys at
the Behavioral Medicine Building ..
9 a.m. March 18. HistoryMiami, 101
W. Flagler St., Downtown Miami.
$20-$30.305-375-1621.
DANCE
Bailar Miami: Magic City Casino
• TURN TO CALENDAR, 37SE
TOWN OF CUTLER BAY
NOTICE OF PUBLIC HEARING
The Town of Cutler Bay shall conduct a regular council meeting on Wednesday.
March 21, 2012, at 7:00 p.m., at the Town Hall Chambers, 10720 Caribbean
Boulevard, Town Hall Chambers, Cutler Bay, FL 33189. During this meeting, the
council will hold a public hearing to consider the following matter:
The following Ordinance shall be heard on second reading:
AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE
TOWN OF CUTLER BAY, FLORIDA, CREATING THE OUTDOOR
MARKET REGULATIONS; PROVIDING FOR A SUNSET DATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS,
AND PROVIDING FOR AN EFFECTIVE DATE.
All persons are invited to appear at this meeting, or to be represented by an
agent, or to express their views in writing addressed to the town council clo of
the Town Clerk, 10720 Caribbean Boulevard, Suite 210, Cutler Bay, FL 33189. The
documents pertaining to this public hearing may be inspected at the office of the
town clerk during regular working hours. Inquiries may be directed to the clerk at
(305) 234-4262.
The above item(s) may be continued at this meeting and, under such
circumstances, additional legal notice would not be provided. Any person may
contact the town clerk for information as to the status of this item as a result of
the meeting.
Pursuant to Section 286.0105, Florida Statutes, if any person decides to appeal
any decision by the town council with regard to this or any matter, helshe will
need to ensure that a verbatim record of the proceedings in made, which record
includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the town for the introduction or admission of
otherwise inadmissible evidence, or does it authorizes challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act
of 1990, persons needing special accommodation to participate in this proceeding
or to review any documents relative thereto should contact the clerk for assistance
at (305) 234-4262 no later than four (4) days prior to the proceedings.
SE 35SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida
will conduct Public Hearings at its regular City Commission meeting scheduled for
Tuesday. March 20. 2012. beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
An Ordinance authorizing the City Manager to execute a 5-year franchise
agreement with Insite Martin Outdoor for bus bench service including a fee paid
An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a)
to the City derived from advertising revenue. )
(jand (3)(b) concerning membership and powers and duties of the Environmental
Review and Preservation Board.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by
this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the
proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which
record includes the testimony and evidence upon which the appeal is to be based.
11645 BISCAYNE BLVD. Suite 204
NORTH MIAMI (305) 892-2960
FREE Implant Consultation
with Specialist, includes
Panoramic Digital X-Ray
(muat mention ad)
2999 NE 191 ST -Suite 804
AVENTURA (305) 466-1804
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 3/20/2012
in the XXX X Court,
was published in said newspaper in the issues of
03/09/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate .. n or refund for the purpose
of securi . vertisement for blication in the said
spaper. L_~::::::"""--T--
09 day of MARCH ,A.D. 2012
(SEAL)
MARIA MESA personally known to me