111 ORDINANCE NO. ______ _
2
3 An Ordinance amending the Land Development Code, Section 20-6.1
4 (C)(1)(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
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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
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, Secion20-6.1 (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)(1)(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.
(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 --wl::te
reside or work in the Ceity, except as provided in ii. belo'.'" A vacancy on 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, '.'v'ith 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.
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11. Board membership shall include at least one (1) three (3), but no more than four
(4), architects of which one 0) should be a registered landscape architect and one
(1) may be a landscape professionals or horticulturalists, licensed to practice in
the State of Florida. The architects need not 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 vmo resides or '\lorks in the
City, the residency requirement may be 'Naived 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.
III Board membership shall include two (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 his or 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. A member shall not be penalized for missing
meetings if he or she taking time off during the same period when the commission
adjourns its regular meetings for vacation during the year.
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. 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 +hursOOy fourth (4th) working day (excluding Saturdays,
Sundays and legal Miami-Dade County holidays) 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
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Commission meeting for final review and approval, or disapproval, with or without
modification. The decision of the Commission shall be final and binding and shall
supercede the decision of the ERPB. However, all site plans, projects and specification
that require ERPB approval and that involve any commercial or chm'itable endeavor
shall require approval by the City Commission for any modification if the total area of
the previously approved construction site, proj ect and/or specification, 'vVhen added to
the modification requested, exceeds 15,000 square feet.
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 R d' . ea mg.
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
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
V. PEREZ, 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
NOTICE OF PUBLIC HEARING 4/3/2012
in the XXXX Court,
was published in said newspaper in the issues of
03/23/2012
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, commission or refund for the purpose
of securing this advertisement fo publication in the said
newspaper.
Sworn to and subscribed before me this
23 day of MARCH ,A.D. 2012
(SEAL)
V. PEREZ personally known to me
Notary Public State of Florida
Cheryl H. Marmer
My Commission 00793490
Expires 07/1812012
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ONLY AND MAY VARY DEPENDING ON MODELS PURCHASED. AVAILABLE THROUGH PARTICIPATING
OEALERS ONLY, VOID WERE PROHIBITED. 36 Months Same As cash.
Finance Charges aC11Je from the date of sale unless it's the Same As Cash plan balance Is paid In full
prior to the SameAs Cash expiratlon dale In which case they are walV8d. Regular credit terms apply after
the Same As cash period expires. Annual Percentage Rate 17.90%. Minimum Anance Charge S2.00
(APR and Minimum Anance Charge May be lower In some states). Terms subjactto change without notice.
Subject to Credit approval See AccountAgreement for complete information and Important Oisclosures.
Other open-end and closed-end credit plans may be avallabte. Ask setler for details. An credit plans
subject to normal credit policies, NOTE: Rebate up to $1 ,250 Is dependent upon system purchased.
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CITY OF SOUTH MIAMI
COURTESY NOTICE
SE SUNDAY, MARCH 25, 2012 I 21SE
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. April 3, 2012. beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the Land
Development Code for Special Use Approval to locate a general restaurant at
6208 S. Dixie Highway within the General Retail "GR" zoning district.
A Resolution relating to a request for two variances from Section 20-3.5(E) of
the Land Development Code, to allow the lot size to be 5,875 square feet, where
a minimum lot size of 6,000 square feet is required; and to allow 50 feet of
frontage where 60 feet is required, on property located at 6457 SW 60th Avenue,
within the RS-4 zoning district; to permit the construction of a new one-story,
LEED certified affordable single family residence within the City's Community
Redevelopment Area
A Resolution relating to a request for a variance from Section 20-3.5(E) of the
Land Development Code, to allow 54 feet of frontage where 60 feet is required,
on property located at 6501 SW 60th Avenue, within the RS-4 zoning district;
to permit the construction of a new one-story, LEED certified affordable single
family residence within the City's Community Redevelopment Area.
A Resolution authorizing the City Manager to extend the audit contract, relating
to financial audit services, with the audit firm of Keefe, McCullough & CO. LLP.,
for one additional year, for a total of three consecutive years.
(
An Ordinance amending the Land Development Code, Section 20-6.1 (c)(1)(~
and (3)(b) concerning membership and powers and duties of the Environmental
'Review and Preservation Board.
An Ordinance amending South Miami Code of Ordinances, Chapter 2, Article I,
Sec. 2-2.1 (1<)(1) prohibiting the sending and receiving of electronic communication
by a Commission member while the member is sitting on the dais during a
Commission meeting.
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.