11CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Via: Orlando Martinez de Castro, Acting City Manager
From: Christopher Brimo, AICP f\{I/ /
Planning Director V'i
Date: July31,2012 ITEM NO.JL
SUBJECT:
South Miami
bOd
;·iii'.;
200"1
An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a) and
(b) and (3)(b) concerning membership and powers and duties of the Environmental
Review and Preservation Board.
BACKGROUND
At a Commission meeting earlier this year, the Commission requested that the City Attorney
review Section 20-6.1 dealing with the Environmental Review and Preservation Board (ERPB)
and amend certain sections dealing with the composition of members, powers and duties and
removal of members.
Several amendments were proposed with a final reading on May 1,2012. On May 1st at the
request of the ERPB members, the Commission tabled the item until such time as the Board had
an opportunity to review the proposed changes and provide the Commissioners with their
recommendations.
Between May 15,2012 and July 3,2012, the ERPB reviewed the proposed amendments and
provided a substitute proposal for the Commission's consideration. Attached for your review are
both versions of the proposed ordinances. The City Attorney has also reviewed the ERPB's
proposal; they are presented in a tabular format for comparison.
ERPB Ordinances: Section 20-6.1 -Administrative Entities
An Ordinance amending the Land Development Code, Section 20-6.1
(C)(l)(a) and (b) and (3)(b) concerning membership and powers and
duties of the Environmental Review and Preservation Board.
An Ordinance amending the Land Development Code, Section 20-6.1
(C)(l)(a) and (b) 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-Whereas the Land Development Code provides in Section 20-
6.1 (C)(l)(a) that the Environmental Review and Preservation Board 6.1 (C)(1)(a) that the Environmental Review and Preservation Board
("ERPB") shall have a certain number of architects as members; and ("ERPB") shall have a certain number of architects as members; and
Whereas the City of South Miami (the City) has found it Whereas the City of South Miami (the City) has found it
difficult to find architects willing to serve as members of the ERPB; difficult to find architects willing to serve as members of the ERPB ;
and and
Whereas there have been instances in which the ERPB has Whereas there have been instances in which the ERPB has
approved plans concerning changes to construction of commercial and approved plans concerning changes to construction of commercial and
charitable buildings and structures that were contrary to the original charitable buildings and structures that were contrary to the original
intent of the City's approval of the construction projects; and intent of the City's approval of the construction projects; and
Whereas, the Land Development Code provides in Section 20-
104 (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, the Land Development Code provides in Section 20-
104 (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 Whereas, Secion20-6.1 (A)(2)( e )(i) of the Land Development
Code provides that the City Commission may "[a]mend the provisions Code provides that the City Commission may "[a]mend the provisions
of the adopted Comprehensive Plan and this Code." 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:
6.1
Section 1: Section 20-6.1 (C)(l)(a) and (b) and Section 20-
of the City of South Miami's Land Develooment Code is
I Section 20-6.1 Draft Amendments (71J25112)
NOWTHEREFORE, BE IT ORDAINED BY THE
MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA:
6.1
Section 1: Section 20-6.1 (C)(l)(a) and (b) and Section 20-
of the City of South Miami's Land Develooment Code is
Page 1 of5
ERPB Ordinances: Section 20-6.1 -Administrative Entities
hereby amended as follows:
20-6.1 -Administrative entities.
(C)
(1)
Environmental Review and Preservation Board.
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 -whe
reside or work in the Qeity, e)wept as pro:vided in ii.
Belew, 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.
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 and, for the purpose of this
ordinance, the word architect shall mean any person
who has a degree in architecture from a college or
university. If it is determined by the City Commission
that the position of landscape architect cannot be filled
by a qualified individual ',,<,ho resides or works in the
City, the residency requirement may be ",;aived by the
r~~~;~~;~~ n~rl +h= ~~~;+;~~ ~ ... ln~rl~~n~= n~~h'
I Section 20-6.1 Draft Amendments (7/J.25112)
hereby amended as follows:
20-6.1 -Administrative entities.
(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. ~l'-the-Iftll·dsea-~#eet,A-all
a-ther-board members, other than the landscape
architect member must either live or work in the
City. at least five (5) of whom shall who reside or
work in the .Qcity, except as provided in ii. belo'tY, 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, ,tYith 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.
ll. Board membership shall include a minimum of two
(2) licensed architects and one (1) licensed
landscaped architect. The remainder of the board
can be comprised of a mixture of backgrounds. at
least one (1) three (3), but no more than four (4),
architects of ,tYhich one (I) 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 and, for the purpose
of this ordinance, the "'lOrd architect shall mean any
"h~ hn~ n rl~~~~n ;~ n~~h;+~~+,,~~ ... ~
Page 2 of5
ERPB Ordinances: Section 20-6.1 -Administrative Entities
may be filled by a qualified individual ",,,ho does not Of uni','efsi!J' . If: it IS detefillined by the Gity
feside Of ,vode in the Gity. Gommission that the Jlosition of: landseaJle mehiteet
eannot be filled by a qualified indi,fidual who fesides Of
1H Boma membefshiJl shall ineluae t>n'O E~1, but flO mOfe wol'ks in the Git;" the fesiaeney fequifement may Be
than fum E4), mehiteets lieeflsea to Jlfaetiee in the State ',l.'ai'.'ed by the Gommissiofl ana the Jlositiofl of
of: Flofiaa. landseaJle mehiteet may be filled by a qualified
environmental and
inaividual ",,,ho does not fesiae Of worle in the Git;,.
W.lll. Members of the reVIew
preservation board may not work for the City or be lH Boafd membefshiJl shall inelude two E~), but no mOfe
employed by any company that has a contracts with the than fouf E4), af6hiteets lieensed to Jlfaetiee in the State
City. of: Flofiaa.
¥:-iv Members shall serve for a term of two (2) years but w.iii. Members of the environmental reVIew and
may remain on the board until a successor is am::!ointed, preservation board may not work for the City or be
but in no event shall his or her membershiQ exceed any employed by any company that has a contracts with the
aQQlicable term limit. City.
(b) Any member of the board shall be automatically ¥:-iv Members shall serve for a term of two (2) years but
removed for missing, without aQQroval of the Board's may remain on the board until a successor is aQQointed,
Chaimerson, three (3) regular meetings in a row or five (5) but in no event shall his or her membershiQ exceed any
meetings in a twelve (12) month period. A member shall aQQlicable term limit.
not be Qenalized for missing meetings ifhe or she takes time
off during the same Qeriod when the commission adjourns (b) Any member of the board shall be considered for
its regular meetings for vacation during the year. automatieally femoved removal for missing without
appmval of: the Boma's Ghairpefson, thfee 0) five (5)
1. The Planning and Zoning Director shall keep a regular meetings in a row or five E5) seven (7) meetings in a
record of meetings missed. twelve (12) month period~ without a valid reason. A
member shall not be Qenalized for missing meetings if he or
11. The Planning and Zoning Director shall advise she takes time off during the same Qeriod when the
the City Commission and the member being removed commission adjourns its regular meetings for vacation
that such member has been automatically removed. during the year.
1. The Planning and Zoning Director shall keep a
record of meetings missed~ and will handle remoyals
administrati>;el;y. the Director shall make a
recommendation for the removal of a member to
the City Commission and a request for the I ---------------
I Section 20-6. I Draft Amendments (7/;;25/12) Page 3 of5
ERPB Ordinances: Section 20-6.1 -Administrative Entities
(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 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 pursuant to the appellate process for appeals
from a decision of the ERPB. HO'INever, 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, '.vhen 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-Iettered 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
Section 20-6.1 Draft Amendments (7 /J25112)
appointment of a substituted member.
ii. The Planning and Zoning Director shall advise
the City Commission and the member beffig--Qf the
recommendation for the member's removal.ed 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
reviev{ 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
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 pursuant to the appellate process for appeals
from a 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, 'Nhen 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
Page 4 of5
ERPB Ordinances: Section 20-6.1 -Administrative Entities
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.
I Section 20-6.1 Draft Amendments (7/J25112)
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.
Page 5 of5
ERPB Ordinances: Section 20-6.1 -Administrative Entities
Commission Proposal Revived May 1, 2012
1 An Ordinance amending the Land Development Code, Section 20-6.1 (C)(I)(a) and
2 (b) and (3)(b) concerning membership and powers and duties of the Environmental
3 Review and Preservation Board.
4
5 Whereas the Land Development Code provides in Section 20-6.1 (C)(1)(a) that the
6 Environmental Review and Preservation Board ("ERPB") shall have a certain number of architects as
7 members; and
8
9 Whereas the City of South Miami (the City) has found it difficult to find architects willing to
1 0 serve as members of the ERPB ; and
11
12 Whereas there have been instances in which the ERPB has approved plans concerning changes
13 to construction of commercial and charitable buildings and structures that were contrary to the original
14 intent of the City's approval of the construction projects; and
15
16 Whereas, the Land Development Code provides in Section 20-1.4 (C) that the "Code may be
17 amended from time to time in accordance with the provisions of this Code as required or allowed by
18 subsequent legislative enactments; and
19
20 Whereas, Secion20-6.1(A)(2)(e)(i) of the Land Development Code provides that the City
21 Commission may "[a]mend the provisions of the adopted Comprehensive Plan and this Code."
22 NOWTHEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
23 OF THE CITY OF SOUTH MIAMI, FLORIDA:
24 Section 1: Section 20-6.1 (C)(l)(a) and (b) and Section 20-6.1 (C)(3)(b) of the City of South
25 Miami's Land Development Code is hereby amended as follows:
26 20-6.1 -Administrative entities.
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(C)
(1)
Environmental Review and Preservation Board.
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
Qeity, except as provided in ii. below, 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.
i. 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.
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 and, for the purpose
of this ordinance, the word architect shall mean any person who has a degree in
architecture from a college or university. If it is determined by the City Commission that
the position of landscape architect cannot be filled by a qualified individual viho resides
or "'lorks in the City, the residency requirement may be 'tVaived by the Commission and
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the position of landscape architect may be filled by a qualified individual who does not
reside or '<'lork 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.
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.
'V-;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 ifhe or she
takes time off during the same period when the commission adjourns its regular meetings for
vacation during the year.
I. 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.
Powers and Duties.
19 (b) The board shall review and recommend approv~al, or disapprov~al, with or without
20 modification~ en-all site plans, projects and specifications as required under the board's
21 mandatory review pursuant to this Code, subject to a review by the City Commission as set
22 forth herein. The decision of the ERPB shall not become final until the close of business on
23 the fourth (4th) working day (excluding Saturdays, Sundays and legal Miami-Dade County
24 holidays following the ERPB meeting. At any time before the ERPB's decision becomes
25 final, the decision may be delayed and the matter may be addressed at a City Commission
26 meeting at the request of a member of the City Commission pursuant to the appellate process
27 for appeals from a decision of the ERPB. However, all site plans, projects and specification
28 that require ERPB approval and that involve any commercial or charitable endeavor shall
29 require approval by the City Commission for any modification if the total area of the
30 previously approved construction site, project and/or specification, when added to the
31 modification requested, exceeds 15,000 square feet.
32
33 Section 2: Codification. The provisions of this ordinance shall become and be made part of the
34 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
35 renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
36 "section" or other appropriate word.
37
38 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
39 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
40 the validity of the remaining portions of this ordinance.
41
42 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section and
43 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the
44 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being
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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 ADOPTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
ERPB Ordinances: Section 20-6.1 -Administrative Entities
ERPB Recommended Amendments -July 3,2012
1 An Ordinance amending the Land Development Code, Section 20-6.1 (C)(l)(a) and
2 (b) and (3)(b) concerning membership and powers and duties of the Environmental
3 Review and Preservation Board.
4
5 WHEREAS, the Land Development Code provides in Section 20-6.1 (C)(l )(a) that the
6 Environmental Review and Preservation Board ("ERPB") shall have a certain number of architects as
7 members; and
8
9 WHEREAS, the City of South Miami (the City) has found it difficult to find architects willing to
1 0 serve as members of the ERPB ; and
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12 WHEREAS, there have been instances in which the ERPB has approved plans concerning
13 changes to construction of commercial and charitable buildings and structures that were contrary to the
14 original intent of the City's approval of the construction projects; and
15
16 WHEREAS, the Land Development Code provides in Section 20-1.4 (C) that the "Code may be
17 amended from time to time in accordance with the provisions of this Code as required or allowed by
18 subsequent legislative enactments; and
19
20 WHEREAS, Secion20-6.l(A)(2)(e)(i) of the Land Development Code provides that the City
21 Commission may "amend the provisions of the adopted Comprehensive Plan and this Code."
22
23 WHEREAS, On May 1,2012 the City Commission deferred the proposed ordinance to allow the
24 ERPB an opportunity to review and comment on the proposal; and
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26 WHEREAS, the ERPB reviewed the proposed ordinances at several regular meetings between
27 May 15,2012 and July 3, 2012 and recommends the following amendments.
28 NOWTHEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
29 OF THE CITY OF SOUTH MIAMI, FLORIDA:
30 Section 1: Section 20-6.1 (C)(1)(a) and (b) and Section 20-6. 1 (C)(3)(b) of the City of South
31 Miami's Land Development Code is hereby amended as follows:
32 20-6.1 -Administrative entities.
33 (C) Environmental Review and Preservation Board.
34 (1) Establishment and Membership.
35 (a) An environmental review and preservation board ("ERPB") is hereby created which shall
36 consist of nine (9) members. Except for the landscape architect Aall board members other
37 than the landscape architect member must either live or work in the City. at least five (5)
38 of whom shall 'Nho reside or ,.vork in the Ccity, except as provided in ii. below, A
39 vacancy on the board shall not affect the ability of the Board to conduct its business nor
40 shall such vacancy affect any action taken by the Board, provided the Board has a
41 quorum at the time of such action.
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I. 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.
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11. Board membership shall include a minimum of two (2) licensed architects and one (1)
licensed landscaped architect. The remainder of the board can be comprised of a mixture
of backgrounds. at least one (1) three (3), but no more than four (4), architects ohvhich
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. +he
architects need not be licensed to practice in the State of Florida and, for the purpose of
this ordinance, the word architect shall mean any person 'Nho has a degree in architecture
from a college or university. If it is determined by the City Commission that the position
of landscape architect cannot be filled by a qualified individual who resides or 'ivorks 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 'Nho does not reside or viork
in the City.
iii Board membership shall include t'NO (2), but no more than fuur (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 considered for automatically removed removal for
missing 'Nithout approval of the Board's Chairperson, three (3) five (5) regular meetings in a
row or five (5) seven (7) meetings in a twelve (12) month period~ without a valid reason. 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.
i. The Planning and Zoning Director shall keep a record of meetings missed~ and will
handle removals administratively. the Director shall make a recommendation for the
removal of a member to the City Commission and a request for the appointment of a
substituted_member.
ii. The Planning and Zoning Director shall advise the City Commission and the
member being of the recommendation for the member's remov~ed--tltat-such member
has been automatically removed.
* * * *
(3) Powers and Duties.
(b) The board shall review and recommend approv~a-J, or disapprov~a-J, 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 revievl 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 (4tlt) '<'lorking day (excluding Saturdays, Sundays and legal Miami Dade County
holidays following the ERPB meeting. At any time before the ER1>B'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 pursuant to the appellate process
for appeals from a decision of the ERPB. However, all site plans, projects and specification
that require ERPB approval and that involve any commercial or charitable endeavor shall
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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-Iettered 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 ADOPTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh: