Ord. No. 08-03-1792ORDINANCE NO.8-03-1792
A 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)OF THE SOUTH MIAMI LAND DEVELOPMENT CODE,TO
INCREASE MEMBERSHIP OF THE ERPB TO NINE MEMBERS AND
REQUIRE THAT AT LEAST ONE MEMBER BE FROM THE LANDSCAPE
ARCHITECTURE PROFESSION;PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 20-6.1(c)of theSouthMiamiLand Development Codespecifiesthe
establishment and membership of theenvironmentalreviewand preservation board (ERPB);and,
WHEREAS,the current code specifies that theERPBshall consist of seven(7)memberswhoreside
orworkinthecity;and
WHEREAS,themembership of theERPBatthistimedoesnotcontainanymembersfromthefield of
landscape architecture,and
WHEREAS,theCityCommissiondeemsitadvisablethattheERPBshouldcontainatleastone
memberwith landscape architecture experience;
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITY COMMISSION OFTHE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 20-6.1 entitled "Environmental Review and Preservation Board"
of theCity'sLandDevelopmentCode,isherebyamendedtoreadasfollows:
(C)Environmental Reviewand Preservation Board.
(1)Establishmentand Membership.
(a)An environmental review and preservation boardis hereby created which shall
consist of 3evon (7)nine (9)members whoresideorworkinthecity.
i.The mayor,withthe advice andconsent of thecity commission,shall
appointthemembers of theboard.
ii.Board membership shallincludeatleastone(1)landscapearchitect,
andtwo(2),butnomorethanfour(4),architectsorlandscape
architectslicensedtopracticeintheState of Florida.
Section 2All ordinances or parts of ordinances in conflict with the provisions of this
ordinance areherebyrepealed.
Section 3.If any section,clause,sentence,or phrase of this ordinance isforany reason held
invalid or unconstitutional bya court of competent jurisdiction,this holding shallnot affect the
validity of the remaining portions of this ordinance.
Section 4.This ordinance shallbe effective immediately after the adoption hereof.
PASSED AND ADOPTED this 20th day of May.2003.
ATTEST:
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CITY CLERK
1st Reading -May6,200
2nd Reading -May 20,2003
READ AND APPROVED AS TO FORM:
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CITY ATTORNEY
APPROVED:
ClO,>
MAYOR
COMMISSION VOTE:5-0
Mayor Feliu:Yea
Vice-Mayor Russell:Yea
Commissioner Bethel:Yea
Commissioner Wiscombc Yea
Commissioner McCrea:Yea
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South Miami
All-AmericaCily
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2001
Excellence,Integrity,Inclusion
To:Honorable Mayor,Vice Mayor &Date:May 20^2003
City Commission 7
1 Re:Item No.^
From:Sanford A.Youkilis \aA/^t LDC AmendmentActingCityManagerJ^J f ERPB Membership
REQUEST:
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 206.1(C)(1)(A)OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE,TO INCREASE MEMBERSHIP OF THE ERPB
TO NINE MEMBERS,INCREASING QUORUM FROM THREE TO
FIVE,AND REQUIRE THAT AT LEAST ONE MEMBER BE FROM
THE LANDSCAPE ARCHITECTURE PROFESSION;PROVIDING FOR
AN EFFECTIVE DATE.
BACKGROUND
Section 20-6 1(c)(1)(a)of the South Miami Land Development Code specifies that the Environmental
Review and Preservation Board (ERPB)shall consist of seven (7)members who reside or work mthe
city However,the current membership of the ERPB at this time does not contain any members from the
field of landscape architecture.It would be very helpful to have the ERPB should contain at least one
member with landscape architecture experience,in order to help the Board review this aspect of
applications before the ERPB.
This ordinance would amend to the South Miami Land Development Code,increasing the number of
members of the ERPB to nine (9),and requiring that at least one member shall be from the field of
landscapearchitecture.
On March 25,2003,the Planning Board voted 5-0 to recommend approval of the ordinance.On May 6,
2003,the City Commission voted to approve the ordinance on first reading,with the additional provision
that the quorum requirement be raised from three (3)members to five (5)members.
RECOMMENDATION
While the attempt to broaden the membership of the ERPB to include other professionals is laudable,the
proposal to change the quorum requirement from three to five members is problematic.After thorough
discussions with the City's professional staff and members of the ERPB Board,Planning Department
staff has concluded that the smooth running and adequate functioning ofthe ERPB will most certainly be
affected by the increase in the quorum requirement,even with the addition ofadditional members.
ERPB Membership Ordinance
May20,2003
Page2 of2
RECOMMENDATION e ,^J#,Based upon the above analysis,the Department recommends DENIAL of the Ordinance upon second
readingpublic hearing.
Attachments:
Draft Resolution
say/rgli^*—^
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