Ord No 04-04-1811ORDINANCE NO.04-04-1811
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATED TO THE
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB),
AMENDING SECTION 20-6.1(C)(l)(a)OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE,TO MODIFY THE RESIDENCY
REQUIREMENTS FOR THE LANDSCAPE ARCHITECT MEMBER OF
THE ERPB;PROVIDING FOR SEVERABILITY;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,Section 20-6.1(C)(1)(a)of the South Miami Land
Development Code specifies the establishment and membership of the
environmental review and preservation board (ERPB);and,
WHEREAS,the membership of the ERPB at this time does not contain
any members from thefield of landscape architecture,and
WHEREAS,the current code specifies that all ERPB members must
reside or work inthecity;and
WHEREAS,itis difficult in South Miami tofill the professional
landscape architect position with the requirement that all Board members must
live or work in the City;and
WHEREAS,theCity Commission deems it advisable that the ERPB
should contain at least one member with landscape architecture experience.;and
WHEREAS,thePlanningBoardatits March 9,2004 meeting,after a
publichearingadoptedamotionbythevote of 5Ayes0Nays recommending
approval of the proposed amendment.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 20-6.1 entitled '''Environmental Review and
Preservation Board"of the City's Land Development Code,is hereby amended
to read as follows:
Ord.No.04-04-1811
(2)
Section 20-6.1
**
(C)Environmental Review and Preservation Board.
(1)Establishment and Membership.
(a)An environmental reviewand preservation board ishereby created
which shall consist of nine(9)members who reside or work in the
city,except as provided in ii below.
i.Themayor,withtheadviceand consent of thecity
commission,shall appoint the members of the board.
ii.Board membership shallincludeatleastone(1)registered
landscape architect,_andtwo(2),but no more than four (1),
architects licensed to practice in the State of Florida.If it is
determined bv 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 bv the
Commission and the position of landscape architect
may be filled bv 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.
iv Members of the environmental review and preservation
board may not work for the City or be employed bv
any company that has contracts with the City.
|v Members shall serve fora term of two (2)years.
Section 2 All ordinances orparts of ordinances in conflict with the provisions of
this ordinance areherebyrepealed.
\
Ord.No.04-04-1811
(3
Section3.Ifanysection,clause,sentence,orpliraseofthisordinanceisforany
reason heldinvalidor unconstitutional byacourtof competent jurisdiction,thisholding
shallnotaffectthevalidity of theremainingportions of thisordinance.
Section 4.Thisordinanceshallbeeffectiveimmediatelyaftertheadoption
hereof.
PASSED AND ADOPTED this^day of May 2004.
TTEST:
QjQ^^t
CITY CLERK
READ AND APPROVED AS TO FORM
1st Reading:4/20/04
2nd Reading:5/4/04
VED:
ziLus
COMMISSION VOTE:4-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:not present
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
E:\Comm Items\2004\4-6-04\ERPB membership Adjustment Resolution.doc
J
South Miami
AD-AmericaCtty
'III''
2001
CITY OF SOUTH MIAMI
To:Honorable Mayor,Vice Mayor &
Commission Members
From:Maria Davis
City Manager
Date:May 4,2004
<?ITEM NO.
RE:LDC Amendment -ERPB
Membership Requirement
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATED TO THE ENVIRONMENTAL REVIEW
AND PRESERVATION BOARD (ERPB),AMENDING SECTION 20-6.1(C)(l)(A)
OF THE SOUTH MIAMI LAND DEVELOPMENT CODE,TO MODIFY THE
RESIDENCY REQUIREMENTS FOR THE LANDSCAPE ARCHITECT MEMBER
OF THE ERPB;PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
InMayof2002,theCity Commission adopted Ordinance No.8-03-1792 whichchangedthe
Environmental Reviewand Preservation Boardby increasing its membership fromseventonine
and mandating thatonememberofthe Board mustbea landscape architect.Intheinterimsince
that ordinance went into effect,ithas been difficult tofillone of the current vacant positions with
a landscape architect.The primary reason isthattheCodefurther specifies thatall ERPB
membersmustresideorworkinthecity.ItisveryimportantthattheERPBhaveinputfroma
professional inthe landscape architectural field.This objective could bemetifthis particular
positiondidnotrequireresidency.
TheCity Commission atits February 17,2004 meeting adopted a resolution directing the
Planning Boardtoinitiatethe process to amend Section 20-6.1(C)(1)(a)of theSouthMiamiLand
Development Code inorderto eliminate the residency requirement forthe landscape architect
position onthe Environmental Review and Preservation Board (ERPB).The Commission further
directedthattheamendment:1)providethattheselection of alandscapearchitect(non-resident)
membershouldonlycomeabout if aresidentcannotbeappointed;2)thatthepersonfillingthe
landscape architectpositioncouldnothaveanyworkorcontracttiestotheCity.Theattached
amendment ordinance contains all of the requested provisions.
(2)
PLANNING BOARD ACTION
ThePlanningBoardatitsMarch9,2004meetingconductedapublichearingandthenapproved
amotionbyavote of 5Ayes0Nays recommending adoption of theproposedordinance.
RECOMMENDATION
TheCity Commission atits April 20,2004 meeting,approved the subject ordinance onfirst
reading.Itis recommended thatthe attached ordinance beadoptedonsecond reading.
Attachments:
Draftordinance
ExcerptfromPlanningBoard Minutes 3-9-04
Public Notices
A"!
MD/DOD/SAY Xl0#>
E:\Comm Items\2004\5-4-04\ERPB Membership Amend Repoitdoc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday,March 9,2004
City Commission Chambers
7:30 P.M.
I.Call to Order and the Pledge of Allegiance to the Flag
Action:Themeetingwascalledtoorderat 7:41 P.M.
Action:The Pledge of Allegiance was recited in unison.
II.Roll Call.
Action:Mr.Morton,Chairperson,requested aroll call.
Board members present constituting a quorum:Mr.Morton,Mr.Liddy,Ms.Yates,Ms.
Gibson,and Mr.Mann.
Board members absent:Mr.Comendeiro.
City staff present:Don O'Donniley (Planning Director),Sanford A.Youkilis (Planning
Consultant),Brian Edney (Video Support),and Patricia E.Lauderman (Planning Board
Secretary).
III.Administrative Matters
Mr.Youkilis introduced tothe Board members the new Planning and Zoning Director Don
O'Donniley.Mr.Youkilis advised that Gary Illas had been automatically removed from
theBoardduetofacthemissedthreeconsecutivemeetings.
IV.Planning Board Application /Public Hearings
PB-04-001
Applicant:CityofSouth Miami.
Request:A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA,
PlanningBoardMeeting
March 9,2004
Page 2 of5
RELATED TO THE ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD (ERPB),AMENDING SECTION 20-6.1(C)(1)(A)OFTHESOUTH
MIAMI LAND DEVELOPMENT CODE,TO MODIFY THE RESIDENCY
REQUIREMENT FORTHE LANDSCAPE ARCHITECT MEMBER OFTHE
ERPB;PROVIDING FORAN EFFECTIVE DATE.
Action:Mr.Morton readtheitemintorecordandMr.Youkilis presented the staff report.
He explained thatin May of 2002,the City Commission adopted Ordinance No.8-03-1792
which changed the Environmental Review and Preservation Board by increasing its
membership from seven to nine and mandating that one member ofthe Board mustbea
landscape architect.It has been difficult to fill the landscape architect position because the
Code specifies thatall ERPB members must reside or work inthe city.
The City Commission atits February 17,2004 meeting adopted a resolution directing the
Planning Board to initiate the process to amend Section 20-6.1(C)(1)(a)ofthe South
Miami Land Development Code in order to eliminate the residency requirement forthe
landscape architect position on the Environmental Review and Preservation Board
(ERPB).The Commission further directed that the amendment:1)provide that the
selection ofa landscape architect (non-resident)member should only come aboutifa
non-resident cannotbe appointed;2)thatthe person filing the landscape architect position
couldnothaveanyworkorcontracttiestothecity..
Atthispoint,Mr.Morton opened the public hearing.
Speakers:NAME ADDRESS
David Tucker,Sr 6556 SW 78 Terr.
Mr.Liddy inquired if there had been landscape architects that wished to serve onthe Board
butcouldnotbecause of thereasontheydidnotresideorworkinthecity.Mr.Youkilis
responded that in the past the Mayor had appointed a landscape architect that lived inthe
Snapper Creek annexation area but due to the annexation not being approved,hehadtobe
removedfromtheBoard.Ms.Gibsonasked if anexperiencedlandscaperwithfamiliarity
withtreescouldfillthe position.Mr.Youkilis replied thattheCodehasalwaysrequired
thatthe landscape architect be licensed to practice inthe State of Florida.Mr.Morton
stated thatan experienced landscaper or arborist could filloneoftheother vacant Board
positions-
Motion:Ms.Yatesmovedtoapprovethedraftordinance.Mr.Mannsecondedthe
motion.The motion wasapprovedbythefollowingvote:
Vote:Ayes 5 Nays 0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
LegalHolidays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V.FERBEYRE,who on oath says that he or she is the
SUPERVISOR,Legal Notices of the MiamiDaily Business
Review f/k/a Miami Review,a daily (except Saturday,Sunday
andLegalHolidays)newspaper,published atMiamiinMiami-Dade
County,Florida;that the attached copy of advertisement,
being aLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI-PUBLIC HEARINGS -MAY4,2004
ORDINANCE RE:ENVIRONMENTAL REVIEW &PRESERVATION BOARD
in the XXXX Court,
was published in said newspaper in the issues of
04/23/2004
Affiant further says that the said MiamiDaily Business
Review isa newspaper published atMiamiin 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
officeinMiamiin said Miami-Dade County,Florida,fora
period of one year next preceding the first publication of the
attached copy of advertisement;and affiant further says that heor
she has neither paid nor promised any person,firmor corporation
any discount,rebate,commission or refund for the purpose
ofsecuring t>fis advertJs^iroerlffoTfcvjblication inthesaid
newspape
Sworn to and subscribed before me this
23 da\fe*£hS£lL~"\j^\^D^pOA
(SEAL)
O.V.FERBEYRE personally know
J
Maria I.Wtesa
-a.8*^Commlsalon DD2S3855
^*oftJr Expires March 04.2008
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICEIS HEREBY giventhattheCity Commission oftheCity of
South Miami,Florida will conduct Public Hearings duringits regular City
Commission meeting Tuesday,May 4,2004 beginningat7:30p.m.,inthe
CityCommission Chambers,6130 Sunset Drive.,toconsider2ndRead
ingofthe following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OFTHE CITY OF SOUTH MIAMI,FLORIDA,RELATED TO
THE ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD(ERPB),AMENDINGSECTION 20-6.1(C)(1)(a)OF
THE SOUTH MIAMI LAND DEVELOPMENT CODE,TO MODI
FY THE RESIDENCY REQUIREMENTS FOR THE LAND
SCAPE ARCHITECT MEMBER OF THE ERPB;PROVIDING
FOR AN EFFECTIVE DATE.
Said ordinance and resolutions can be inspected intheCity Clerk's
Office,Monday-Fridayduring regular officehours.
Inquiries concerning thisitem should bedirectedtothe Planning
Department at:663-6326.•-.';'.'
ALLinterested parties areinvitedto attend and will be heard.
Maria M.Menendez
CityClerk
Cityof South Miami
Pursuant to Florida Statutes 286.0105,the City hereby advises the
publicthatifa person decides to appeal any decision madebythe Board.j
Agencyor Commission with respect.to any matter considered atitsmeet
ingorhearing,heor she willneed arecordofthe proceedings,andthat for:
such purpose,affected person may need.to ensure thata verbatim record:
of the proceedings is made which record includes the testimony and.
evidence uponwhich the appeal istobe based.
4/23 •..-.'::......v......„'..•.04-3-79/452273M
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COURTESY NOTICE
CITY OF SOUTH MIAMI,FLORIDA
On Tuesday,May 4,2004,beginning at 7:30 p.m.,in the
City Commission Chambers,6130 Sunset Drive,the City
Commission will hold a Public Hearing to consider the
following.
1.An Ordinance amending-the South Miami Land
Development:Code to modify the residency
requirements for the landscape architect member
of.the Environmental Review and Preservation
Board (ERPB).
For more information pleasecontactthe Planning
Department at 305-663-6326.
n
Maria M.Menendez
City Clerk
City of South Miami
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