Ord. No. 17-97-1638ORDINANCE NO.17-97-1638
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT
OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE BY CREATING
A NEW SUB-SECTION 20-6.1(0 (3)(g),IN ORDER TO REQUIRE
REVIEW BY ENVIRONMENTAL REVIEW &PRESERVATION BOARD FOR
ALL NEW CONSTRUCTION,PAINTING,REMODELING,LANDSCAPING
AND SIGNAGE PROJECTS PERFORMED BY THE CITY GOVERNMENT;
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,on October 25,1989,the City Commission voted to
adoptOrdinance No.19-89-1441,theCity'sLandDevelopment Code,
includingspecificexemptionsformunicipalsignprojects;and,
WHEREAS,on October 1,1996,the City Commission voted to
adoptOrdinance No.19-96-1619,wherebyCity-erectedsignageon
City property,privatepropertyorpublicrights-of-wayisexempt
from allCityreview,including review bythe City's ERPB;and,
WHEREAS,on June 4,1996,the City Commission voted to adopt
Ordinance No.11-96-1611,whereby painting of all residential and
commercial structures (including City)is exempt from ERPB review
if the Hometown Color Palette,adopted by ERPB,is observed;and,
WHEREAS,from time to time,the City Commission may and does
amend regulations in the adopted Land Development Code;and,
WHEREAS,on February 4,1997,the City Commission directed
City Administration to prepare legislation to require thatall
new construction,painting,remodeling,landscaping and signage
projects which aretobe performed bythis municipal government
[theCity]shall first be reviewed and approved by the City's
Environmental Review &Preservation Board [ERPB],prior to any
permits being issued or any work being performed;and,
WHEREAS,the Mayor and the City Commission find that itis
in the public interest to require a mandatory review by the ERPB.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Mandatory ERPB Ordinance:2nd Reading June 3,1997
Page2ofOrd.No.17-97-163
Section 1.Section 20-6.1(0 (3)(g)is hereby created to read
as follows:
(g)Notwithstanding any other provisions of this Code,the
Environmental Review &Preservation Board [ERPB]shall review all
new construction,painting,remodeling,landscapingandsignage
projects to be performed by this municipal government (the City),
prior to any permits being issued or any work being performed.
Section 2.Ifanysection,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
byacourtofcompetent jurisdiction,theholdingshallnot
affectthe validity ofthe remaining portions ofthis ordinance.
Section 3.All ordinances or parts of ordinances in conflict
with the provisions ofthis ordinance are hereby repealed.
Section 4.This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 3rd day of June,1997.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
1st Reading -March 18,1997
2nd Reading -June 3,1997
COMMISSION VOTE:5-0
Mayor Price:Yea
Vice Mayor Robaina:Yea
Commissioner Oliveros:Yea
Commissioner Bethel:Yea
Commissioner Young:Yea
c:\...\Ldc \Mandatory-ERPB.doc
Mandatory ERPB Ordinance:2nd Reading June 3,1997
CITY OF SOUTH MIAMI
ENTER-OFFICE MEMORANDUM
To:Ma d City Commission Date:May 26,1997
From:L.Dennis Whitt
CityManager
Agenda Item #
Re:Comm.Mtg.06/03/97
Mandatory ERPB Ordinance
tx
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
RELATING TO AN AMENDMENT OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE BY CREATING A NEW
SUB-SECTION 20-6.1(C)(3)(g),IN ORDER TO REQUIRE REVIEW BY ENVIRONMENTAL REVIEW &
PRESERVATION BOARD FOR ALL NEW CONSTRUCTION,PAINTING,REMODELING,LANDSCAPING AND
SIGNAGE PROJECTS PERFORMED BY THE CITY GOVERNMENT;PROVIDING FOR SEVERABILITY;PROVIDING
FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
On February 4,1997,the City Commission instructed the City Administration to prepare a draft
ordinance which would require that all City projects,prior to commencement,must be reviewed
by the Environmental Review &Preservation Board [ERPB].The proposed ordinance amends
the language in the Land Development Code under Section 20-6.1 (C)(3)by creating a new sub
section (g)under the "Powers and Duties"ofthe Environmental Review &Preservation Board.
NOTE:Ifyou review pages 137-138 ofthe Land Development Code where Section 20-6.1(C)is
found,you will find that there are already sub-sections which are entitled "(a)"through "(p)."
Section 20-6.1 waspreviously amended by Ordinance No.12-96-1612 which removed certain
sub-sections and re-lettered the remaining sub-sections,so that Section 20-6.1(C)(3)now ends
with a sub-section (f)which is the same language as the prior sub-section (p).Ten sub-sections
under Section 20-6.1(C)(3)regarding the Powers and Duties of the ERPB were transferred to
the Historic Preservation Board Revisions have not yet been published as replacement pages.
On May 13,1997,the Planning Board voted 7:0 to recommend for approval of the proposed
ordinance,aspresented.
RECOMMENDATION:City staff does not presume to recommend legislation which has the
effect of limiting the power of the Commission.
Attachments:
ProposedOrdinanceforAdoption
Memoranda,dated February 14,1997
ExcerptedPBMinutes of May 13,1997
CityManager'sReport:MandatoryERPBOrdinance
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
L.Dennis Whitt Date:February 14,1997
City Manager
Bill Mackey,AICP Re:ERPB Review
Director ofPlanning &Zoning
ERPB REVIEW
Pursuant to Ordinance No.11-96-1611,the painting of all commercial and residential structures
areexemptfromERPBreview,ifthe City's colorpaletteisobserved(includingCitystructures).
Pursuant to Ordinance No.19-96-1619,City-erected signage onCity property,private property
orpublic rights-of-way areexemptfromallCity review,includingreviewbytheCity's ERPB.
Pursuant to instructions byCity Commission on February 4,1997,City structures willnolonger
beexempt.Please,seethefollowingmemorandumregardingERPBrequiredreview.Staffwill
assemble adraftordinancetoremovethecurrent exemption fromERPBforCityprojects.
Thank you.
A
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:L.Dennis Whitt,CityManager Date:February 14,1997
For:All Departments Heads
From:BillMackey,AICP Re:ERPB Required Review
Director ofPlanningandZoning
ERPB REQUIRED REVIEW
Please,beawarethatallphysicalimprovementstoCity-ownedpropertiesmustbe
approvedbytheEnvironmentalReview&PreservationBoard[ERPB].Citysignage,
painting,andanyother projects willno longer be exempted.Thereareno exceptions.
AllCityprojectsmustbereviewedbyERPBpriortoreceivingabuildingpermit.The
Planning&ZoningDivisionwillaccept applications andscheduleyourprojectsfor
reviewatthenextavailableERPBMeeting.TheERPBmeetsonthefirstandthird
Tuesday of eachmonthat8:30A.M.Deadlines are8dayspriortomeetings.
Itisthe responsibility of the Department Headtoactas,orto appoint,a representative to
bepresentatERPB meetings when Department itemsareonthe agenda.If youhave
questionsregardingERPB-relatedmatters,please,contactBrianT.Soltz at663-6347.
Thank you.
Brian T.Soltz
Planner
<*•
EXCERPTED MINUTES
Planning Board
Tuesday,May 13th,1997
CityCommissioners'Chambers
7:30 P.M.
A.Board members present constituting aquorum:S.Basu (Chairperson);K.Zeller (Vice-
Chairperson);A.Oliveros;G.Ulas;A.Dupree;C.Thorner;andJ.Lefley
B.City Staff present:Brian Soltz (Planner);and David Struder (Board Secretary)
IV.Public Hearings
C.ITEM:PB-97-016
Applicant:MayorandCity Commission
Request:ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOF
SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT OF THE CITY'S
ADOPTED LAND DEVELOPMENT CODE BY CREATING A NEW SUB-SECTION 20-
6.1(C)(3)(g),IN ORDER TO REQUIRE REVIEW BY ENVIRONMENTAL REVIEW &
PRESERVATIONBOARDFORALLNEWCONSTRUCTION,PAINTING,
REMODELING,LANDSCAPING AND SIGNAGE PROJECTS PERFORMED BY THE
CITYGOVERNMENT;PROVIDINGFORSEVERABILITY;PROVIDINGFOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
1.Mr.Illas readthe request intotherecord.
2.Staff presented the application to the Board.
3.Public hearing was opened.
4.There being noone present wishing to speak foror against the item,public hearing was
closed.
5.Motion:Ms.Zellermoved approval ofthe application,as presented Ms.Dupree seconded the
motion.
6.Vote:Approved:7Opposed:0
/*-
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
LegalHolidays
Miami,Dade County,Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V.Fertoeyre,whoonoath says thatshe Is the
Supervisor,Legal Notices ofthe Miami Dally Business
Review f/k/a Miami Review,a daily (except Saturday,Sunday
and Legal Holidays)newspaper,publishedat Miami InDade
County,Florida;thattheattachedcopyof advertisement,
beingaLegalAdvertisementofNoticeInthematterof
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
JUNE 3,1997
ORD.NO.13-96-1613
nthe
was published In said newspaper Inthe Issues of
May 22,1997
-K-X-X-X-K-Court,
Affiant further saysthatthe said Miami Daily Business
leview isanewspaperpublishedat Miami InsaidDade
bounty,Florida,andthatthe said newspaperhasheretofore
ieen continuously published In saidDade County,Florida,
ach day (except Saturday,Sunday and Legal Holidays)and
as been entered as second class mall matter atthepost
fflce In Miami In said Dade County,Florida,fora period of
ne year next preceding the first publication of the attached
opyofadvertisement;andaffiantfurther says thatshehas
either paid nor promised any persojvJJjrn or corporation
ny discpunt,rebate,commlsaW^frefund for the purposeisecvrlno_thls advertisaw^ft Mr publication in the said
EAL)
:telma V.Ferbeyre pe
<*JRV *0*official notary seal
Q^Hrowwr^me^-71"Lt-EftENA
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23,2000
^"W'r-^m COMMISSION EXPIRES 'Off\P jlinE
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBYgiven that theCity Commission oftheCityof
South Miami,Floridawill conduct a Public Hearing duringitsregular
City Commission meeting on Tuesday,June 3,1997 beginningat7:30
p.m.,in the City Commission Chambers,6130 Sunset Drive,to
consider thefollowing described ordinances:..____•*.:?'!•:.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA,RELATING TO
A PREVIOUS AMENDMENT TO SECTION 20-3.6 OF THE
LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED
METHODS OF CONSTRUCTION BY REPEALING ORDI
NANCE NO.13-96-1613:PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PRO
VIDINGAN EFFECTIVE DATE.(First Reading March 18,
1997)
i '"«i
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
AN AMENDMENT OF THE CITY'S ADOPTED LAND DEV
ELOPMENT CODE BY CREATING A NEW SUB-SECTION
20-6.1 (C)(3)(g).IN ORDER TO REQUIRE REVIEWBY
ENVIRONMENTAL REVIEW &PRESERVATION BOARD
FOR ALL NEW CONSTRUCTION,PAINTING.REMODEL
ING,LANDSCAPING AND SIGNAGE PROJECTS PER
FORMED BY THE CITY GOVERNMENT;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CON
FLICT;ANDPROVIDINGANEFFECTIVEDATE.(First
Reading March 18.1997).;-e v:••:-.:.--,..>~--..-
9 AN ORDINANCE OFTHEMAYORANDCITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA,RELATING TO
AN AMENDMENT OF THE LAND DEVELOPMENT CODE IN
ORDER TO INCLUDE ANGLED PARKING UNDER SEC
TION 20-7.26 ENTITLED STREET STANDARDS;CREAT
INGA NEW SUB-SECTION (C)UNDER 20-7.26;PROVID
ING FOR SEVERABILITY;PROVIDING FOR ORDINANCES
IN CONFLICT;AND,PROVIDING FOR AN EFFECTIVE
DATE.(First Reading April 15,1997)
Said ordinances can be inspected in the City Cleric's Office,Monday
-Friday during regular office hours..._
Inquiries concerning thisitem should be directed to the Planning and
Zoning Department at:663-6347..._..»
ALL interested parties are invited to attend and willbe heard.
Ronetta Taylor,CMC
•"City Clerk
."-•'-City of South Miami
Pursuant to Florida Statutes 286.0105,the City hereby advises the
public that ifa person decides to appeal any decision made:by this
Board,Agency or Commission.'with;respect to:any matter cDDsidarad
af'rts meetrfig Or hearing,'he'or shfl'WHI needarecord ofrthHtprceaecfc-
ings,and that for such purpose,-affected person may.need toensure
that a verbatim record of the proceedings is made which record in
cludes the testimony and evidence upon which the appeal istobe
based.
5/22"~•-•.97-3-052272M
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