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161 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)(l)(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, Secion20-6.1 (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)(l)(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 * * * * 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 -wfle reside or work in the Ceity, except as provided in ii. beIo'v\>', 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, 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. Page 1 of3 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 11. Board membership shall include at least one (1) three (3), but no more than four (4), architects of which one (1) 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 who resides or vv'Orks 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 VlOrk in the City. 1H 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 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 takes 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 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 Commission Page 2 of3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 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, 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 1 st Reading 2nd Reading 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 w:\my doeuments\resolutions\ordinanee Ide amend 20-6 I membership and powers and duties amended 3-29-12rev.doe Page 3 of3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami·Oade 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 -APRIL 17, 2012 in the XXXX Court, was published in said newspaper in the issues of 04/06/2012 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, comm' . n or refund for the purpose of securing this Isement for ublication in the said r. 06 day of APRIL ,A.D. 2012 ~/~ .. (SEAL) MARIA MESA personally known to me Notary Public State of Florida ChOryl H. Marmer My COmmission 00793490 Expires 07/1812012 30SE 2012 MiamiHerald.co~J~I!~.~~~~~.~5~~!? PALMETTO BAY Village seeks downtown residents could identify with • DOWNTOWN, FROM 6SE different avenues and we will whittle them down in our proposal," Williams said. "We think we're in a position where we can come back to the council with a set of documents, A-B-C or D and let's try to get it done. The broad issue is the con- tinued focus on developing this community." Edward Silva, Palmetto Bay's director of Building and Capital Projects sees the future downtown re- gion, which feeds into Pal- metto Bay Park and the county's busway, as "home- town-ish, something people can readily identify with." "This satisfies the eco- nomic development engine we've been pushing," Stanc- zyk said. Some of the infrastruc- ture work to allow for the kind of mixed-use develop- ment Palmetto Bay envi- sions has been completed. Sidewalks along 97th Ave- nue have been repaired and paved, while the Miami- Dade Water & Sewer De- partment worked on water lines which would serve the demands of restaurants in the vicinity. Last week the council unanimously agreed to a road transfer agreement be- tween the county and the village so that Palmetto Bay would accept jurisdiction and ownership of Franjo Road/Southwest 97th Ave- nue from Southwest I84th Street to northbound U.S.l . The transfer, which needs county approval, is key in the village's plans to mark the area as its downtown destination site, Williams said. One of the areas Palmetto Bay looked to help imagine the possibilities for a down- town district, beyond Wyn- wood, was Glendale Califor- nia's The Americana at Brand shopping complex. The Americana, a 15.5 acre site in downtown Glendale, opened in 2008 as a mixed- ;;';;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;11. ! use development of retail, 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 April 17, 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(S)(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 authorizing the City Manager to enter into an agreement with Municipal Code Corporation (MCCI), for a five year period, with the first annual maintenance fee payment to be included in the purchase of the software License and years two (2) through five (5) to be paid annually from account number 001-1340-513-4634 Maintenance-Internet Services in the amount of $12,000.00. ( An Ordinance amending the Land Development Code, Section 20-6.~ (C)(l)(a) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Soard. 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 meeti1g •. 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 dining, entertainment and residential space. Some resi- dents initially feared over- development of that area. That mall has popular lures like an Apple store, Cheese- cake Factory, an I8-screen movie complex and a Barnes and Noble store. Pal- metto Bay would similarly look for a mix of familiar chains but with an emphasis on stores unique to the area. The feasibility report and study noted there currently exists a shortage of in-de- mand retail establishments like full-service restaurants, book and music stores, sports bars and a florist. One aspect of the Palmet- ! to Bay project that differs I from Glendale'S, however, is its mission to "reduce the carbon footprint" thanks to the garage and its linkage to the village's I-Bus system and the county's public tran- sit and Metrorail system to Downtown Miami. Residents will have the opportunity to address the council throughout the vari- ous stages of development. Carol Vega, who says she has had serious drainage is- sues along her street and home on I78th Terrace for more than a decade, feels Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any I money has already been decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or misspent on botched repairs hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need in her neighborhood. She to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence 1 h' . t f upon which the appeal is to be based. I says 5 e 15 agau:s som~ 0 these new proJects, "lIke PHOTO PALMETTO BAY GARAGE: Artist rendering or proposed parking garage in Palmetto Bay, near the Village Hall. PHOTO PALMETTO BAY DOWNTOWN: Aerial rendering of proposed Palmetto Bay downtown district. BILL KRESS/FOR THE MIAMI HERALD TRIANGLE: Aerial shot of the northern end of the Franjo Triangle. Village Hall (roof covered with Solar panels) positioned in the center of the shot. that monster garage. We don't have to create these things if you've already mis- spent money." The project will not move forward until at least 60 per- cent of the retail spaces is pre-leased. Follow @HowardCohen on Twitter.