Ord No 06-04-1813ORDINANCE NO.06-04-1813
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATED TO THE PLANNING
BOARD,AMENDING SECTION 20-6.1 (B)(2)OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE,IN ORDER TO ALLOW SPECIAL
MEETINGS OF THE BOARD TO BE CALLED WHEN
CIRCUMSTANCES PREVENT A REGULARLY SCHEDULED
MEETING FROM BEING HELD;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,Section20-6.1(B)(2)of theSouthMiamiLandDevelopment
Code specifies the organizational proceduresforthePlanningBoard;and,
WHEREAS,thissectionprovidesaschedulesettingforththeregular
monthly meeting datesforthe Planning Board;and
WHEREAS,thereareno provisions for calling a special meeting inthe
event circumstances prevent aregularlyscheduledmeetingfrombeingheld;and
WHEREAS,adelayin recommendations fromthe Planning Board can be
harmful to the ongoing development of the City andis unfair to citizens whose
applications for development permits require Planning Board consideration;and
WHEREAS,the City's Zoning TaskForcein 2002,as part of its proposed
revisions to the Land Development Code,recommended a new provision which would
allow for special meetings of the Planning Board:and
WHEREAS,the Planning BoardatitsApril13,2004 meeting,after a
public hearing adopted amotionbythevote of 4ayesand1nay recommending
approval of a proposed amendment toSection 20-6.1(B)(2)of theLand Development
Code.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.ThatSection 20-6.1(B)(2)entitled "Planning Board-Organization"
of the City's Land Development Code,ishereby amended toreadas follows:
Ord.No.06-04-1813
(2)
Section 20-6.1
**
(B)Planning Board.
(2)Organization.
(a)The board organization,procedures,meeting notice and meeting conduct shall
be inaccordance with bylaws adopted by theboard.
(b)The boardshallelectfromits membership achairmanand vice-chairman for
one (1)year non-successive terms.
(i)The chairmanshall normally presideatall meetings of the
board,
(ii)Inthe absence of thechairman,the vice-chairman shallpreside.
(c)A temporary chairman may be elected atany meeting when both the chairman
and vice-chairman are absent.
(d)The PlanningBoardshallholdregular meetings at7:30 p.m.,onthesecond
andlast Tuesday of each month with the exception of the months of Juneand
July.The Planning Boardshall hold one(1)regular meeting at7:30 p.m.on
the occond third Tuesday of June and second Tuesday of July.Meetings
neednotbeheld if therearenoscheduledagenda items.When the day oct for
anyregular mooting (opcoificd above)fallo onaday designated ao alegal,
public,nationalor rcligiouo holiday,all agendas itcmo ohall beheardatthe
next,regular meeting date.All regular meetings shall be held at City Hall.
(e)The Chairperson or the Planning and Zoning Director shall have the
authority to call a special meeting due to circumstances which prevent a
regularly scheduled meeting from being held and provided that notice of the
meeting is given to the City Commission,Board members,applicants,and
posted at City Hall not less than three (3)working days prior to the meeting
date.
Section2All ordinances or parts of ordinances inconflictwiththeprovisions of
thisordinanceare hereby repealed.
Ord.No.06-04-1813
Section 3.Ifany section,clause,sentence,orphrase of thisordinanceisforany
reasonheldinvalidorunconstitutionalbyacourt of competentjurisdiction,thisholding
shall not affect the validity of the remaining portions of this ordinance.
Section 4.This ordinance shallbeeffective immediately after the adoption
hereof.
PASSED AND ADOPTED thi?th day of June 2004.
ATTEST:
CITY CLERK
1st Reading:6/1/04
2nd Reading:6/8/04
APPROVED:
•i ;:v::'••-HI 5-0
Yea
Yea
READ AND APPROVED ASTO FORM:Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
E:\Comm ttems\2004\5-18-04\LDC Amend Plan Hoard MeetinaOrd.doc
To:Honorable Mayor,Vice Mayor &
Commission Members
From:Maria Davis
City Manager
South Miami
All-America City
1111IF
2001
Date:June 8,2004
ITEM No._
Re:LDC Amendment
Planning Board Meeting
Schedule
J±
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATED TO THE PLANNING BOARD,AMENDING SECTION 20-
6.1(B)(2)OF THE SOUTH MIAMILAND DEVELOPMENT CODE,IN ORDER TO
ALLOW SPECIAL MEETINGS OF THE BOARD TO BE CALLED WHEN
CIRCUMSTANCES PREVENT A REGULARLY SCHEDULED MEETING FROM BEING
HELD;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
Section 20-6.1(B)(2)of the South MiamiLand Development Code specifies the organizational
proceduresforthePlanningBoardandincludesaschedulesettingforththeregularmonthly
meetingdatesforthePlanningBoard.Therearenoprovisionsforcallingaspecialmeetingin
the event circumstances prevent aregularly scheduled meeting frombeingheld.In recent
months the Board has had several meetings cancelled due to quorum problems,holidays,and
conflict with meetings of theCity Commission.Adelayin recommendations fromthe Planning
Boardcanbe harmful tothe ongoing development of theCityandis unfair to citizens whose
applicationsfordevelopmentpermitsrequirePlanningBoardconsideration.
PROPOSED AMENDMENT
Itisimportanttonotethatthe City's ZoningTaskForcein2002,aspart of itsupdating of the
Land Development Code,recognizedthisproblemand recommended aspecific provision which
wouldallowforspecialmeetings of thePlanningBoard.TheBoardatits October 14,2003
meetingreviewedandacceptedthespecificprovisionaspart of thenewChapterIII
Administration.The specific amendment isasfollows:
(B)PlanningBoard.
(2)Organization.
(a)Theboard organization,procedures,meetingnoticeandmeeting conduct shallbein accordance with
bylaws adopted bythe board.
(b)Theboardshall elect fromits membership a chairman and vice-chairman forone(1)year non-
successive terms.
LDC Amendment!
May18,2004
Page 2 of2
(i)Thechairmanshallnormallypresideatall meetings of the board,
(ii)In theabsence ofthechairman,thevice-chairmanshallpreside.
(c)Atemporarychairmanmaybeelectedatanymeetingwhenboththechairman
and vice-chairman are absent.
(d)The Planning Board shall hold regular meetings at7:30p.m.,onthesecondandlastTuesday of each
monthwiththeexception of themonths of June andJuly.The Planning Boardshallholdone(1)
regular meetingat7:30p.m.onthe cocond thirdTuesday of Juneandsecond Tuesday of July.
Meetingsneednotbeheldif there are no scheduled agenda items.When theday pet forany regular
meeting (opocifiod above)fallo onaday dcoignatcd oo a legal,public,national orreligious holiday;all
agendao itomo shallbo hoard atthe no?;t,regular meeting date.Allregularmeetingsshallbeheldat
City Hall.
(e)The Chairperson or the Planning Director shall have the authority tocalla special meeting due
to circumstances which prevent a regularly scheduled meeting from being held and provided that
notice of the meeting is given to Board members,applicants,and posted at City Hall not less than
three (3)working days prior to the meeting date.
Theabove amendment incorporates arecentpolicydecisionmadebythe Planning Board related
to having at least one meeting in June.
PLANNING BOARD ACTION
ThePlanningBoardatitsApril 13,2004 meeting approved a motion byavote of 4ayesand1nay
(Comendeiro)recommending adoption of theproposed amendment.
RECOMMENDATION
TheCity Commission atitsJune1,2004meeting,approved the proposed ordinance onfirst
reading witha minor modification.Itis recommended thatthe proposed ordinance as amended
be adopted.
Attachments:
Proposedordinance
PlanningBoardMinutesExcerpt 4-13-04
Public Notices
E:\Comm Items\2004\6-£rj4\LDC amend Plan Bd Report.doc
MD/DOD/SAY &OVD
£004\6-£04
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday,April 13,2004
City Commission Chambers
7:30 P.M.
I.Call to Order and the Pledge of Allegiance to the Flag
Action:The meeting was called to order at7:35P.M.
Action:The Pledge of Allegiance was recited in unison.
II.Roll Call.
Action:Mr.Morton,Chairperson,requested arollcall.
Board members present constituting a quorum:Mr.Morton,Ms.Yates,Mr.Mann,and Mr.
Comendeiro and Mr.Illas.
Board members absent:Ms.Gibson andMr.Liddy.
Citystaffpresent:DonO'Donniley(PlanningDirector),SanfordA.Youkilis(Planning
Consultant),Gremaf Reyes(VideoSupport),and Patricia E.Lauderman (Planning Board
Secretary).
IV.PlanningBoardApplication/Public Hearings
PB-04-004
Applicant:City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,RELATED TO THE PLANNING BOARD,
AMENDING SECTION 20-6.1(B)(2)OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE,IN ORDER TO ALLOW SPECIAL MEETINGS OF
THE BOARD TO BE CALLED WHEN CIRCUMSTANCES PREVENT A
REGULARLY SCHEDULED MEETING FROM BEING HELD;PROVIDING
FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
April 13,2004
Action:Ms.Illas readtheitemintotherecord.Mr.Youkilis presented the staff report.
HeexplainedthattheSection20-6.1(B)(2)of theSouthMiamiLand Development Code
specifies the organizational procedures forthe Planning Board and includes a schedule
setting forththe regular monthly meetingdatesforthe Planning Board.There areno
provisionsforcallingaspecialmeetingintheeventcircumstances prevent aregularly
scheduledmeetingfrombeingheld.InrecentmonthstheBoardhashadseveralmeetings
cancelledduetoquorumproblem,holidays,andconflictwithmeetings of theCity
Commission.Adelayin recommendations fromthe Planning Board canbe harmful tothe
ongoingdevelopment of theCityandisunfairtothecitizenswhoseapplicationsfor
development permits require Planning Board consideration.
TheBoardmembersdiscussedthetimeandplaceforspecialmeetings.SomeBoard
memberssuggestedhavingtheoption of holdingspecialmeetingsasearlyas6:30pm.
Other Board members thought that might create confusion and advised to leave itatthe
usual time of 7:30pm.Board members discussed if there would be sufficient time for
noticestobemailedoutforspecialmeetings.Thatissuewouldbelookedintobystaff.
Finally,theBoardinquiredaboutwhomwouldincurthefeeforthemail-outsforaspecial
meeting.The staff responded that itwouldlookintothefee schedule andsee what isfair
forthe applicant topay.Itwas suggested that the word "circumstances"used in the
ordinance be more fully explained.
Speakers:Cathy McCann 5820SW87 Street
Motion:Ms.Yates moved to approve the proposed amendment as drafted by staff.Mr.
Illas seconded the motion.
Vote:Ayes 4 Nays 1(Mr.Comendeiro)
DOD/SAY
E:\Comm ltems\2004\6-1-04\Excerpt PBMins 4-13-04-MeetingDates.doc
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
SOOKIE WILLIAMS,who on oath says that he or she is the
VICEPRESIDENT,Legal Notices of the MiamiDaily Business
Review f/k/aMiami Review,adaily (except Saturday,Sunday
and Legal Holidays)newspaper,published atMiamiin Miami-Dade
County,Florida;thatthe attached copyof advertisement,
beingaLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -CITY COMMISSION MEETING -6/8/2004
ORDINANCE AMENDING ORDINANCE NO.15-02-1783,ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/28/2004
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
periodof 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-dfsctount,rebate,commission or refund for the purpose
of securing this advertisement forpublicationinthesaid
nt
(SEAL)
SOOKIE WILLIAMS personally known to me
'•
CITY OF SOUTH MIAMI
NOTICE TO THE PUBLIC
NOTICE IS HEREBY-given thatthe City Commission ofthe City "of
South Miami;Florida will consider,during itsregular City Commission
meeting Tuesday,June 8,2004 beginning at7:30 p.m.,inthe City Com
missionChambers,6130 Sunset Drive.,the2ndReadingofthe following
describedordinarice(s):•--;;;:•..
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION
OFTHE CITY OF SOUTH MIAMI,FLORIDA,AMENDING OR-
DINANCE NO.15-02-1783 RELATING TO BOARDS AND
.COMMITTEES;AMENDING SEC.2-26.8 OF THE CODE OF 1 •
ORDINANCES,ENTITLED "BUDGET ANDFINANCECOM
MITTEE;AMENDINGMEMBERSHIPREQUIREMENTS;-;.
AMENDING DUTIES AND RESPONSIBILITIES;PROVIDING
FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;ANDPROVIDINGANEFFECTIVEDATE....
'"•,'•-.'.'.''".•:-•.••••'•''•"'•.'•-•'''"
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OFTHECITYOF SOUTH MIAMI,FLORIDA,RELATING TO:
AMENDING SECTION 2-3 OF THE CITY OF SOUTH MIAMI
CODEOF ORDINANCES,ENTITLED "COMPENSATION FOR
COMMISSIONERS AND MAYOR -ESTABLISHED"TO AL
LOW FOR AN INCREASE IN COMMISSIONER COMPENSA
TION;PROVIDING FOR SEVERABILITY,ORDINANCES IN
•CONFLICT,AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OFTHE CITY OF SOUTH MIAMI,FLORIDA,RELATED TO
THE PLANNING BOARD,AMENDING SECTION 20-6.1(B)(2)
OF THE SOUTH MIAMI LAND DEVELOPMENT CODE,IN OR
DER TO ALLOW SPECIAL MEETINGS OF THE BOARD TO
BE CALLED WHEN CIRCUMSTANCES PREVENT A REGU
LARLY SCHEDULED MEETING FROM BEING HELD;PRO
VIDING FOR SEVERABILITY;PROVIDING FOR ORDINANC
ESIN CONFLICT;AND PROVIDING AN EFFECTIVE DATE;
Said ordinances can be inspected intheCityClerk's Office,Monday
Fridayduring regular office hours.
Inquiriesconcerningthisitemshouldbedirectedtothe City Clerk's
office at:663-6340.'•.~/.'"•':".*-....v
ALLinterested parties are invitedto attend and will be heard:
Maria M.Menendez
•\":i CityClerk \;
.'';-.Cityof South Miami
Pursuant toFlorida Statutes 286.0105,theCity hereby advises thepub
licthatifaperson decides to appealanydecisionmadebythis Board,
Agencyor Commission with respect to anymatterconsideredatitsmeet
ingorhearing,heor she will need a record ofthe proceedings,andthatfor
suchpurpose,affectedpersonmayneedto ensure thataverbatimrecord
ofthe proceedings is made which record includes the testimony andevi
dence uponwhichthe appeal istobe based.
5/28 04-4-13/461909M