Ord No 24-16-2257ORDINANCENO.24-1 6-2257
An Ordinance amending Section 20-6.1 of the City of South Miami's Land Development
Code,to amend the meeting requirements for the Environmental Review and Preservation
Board.
WHEREAS,Section 20-6.1 of the City'sLand Development Code ("LDC")provides the requirements
for serving asa member of the Environmental Review and Preservation Board ("ERPB");and
WHEREAS,the ERPB presently meets twice per month,more than any other appointed Board;and
WHEREAS,itis equitable and appropriate to modify the formula applicable to permitted absences
for the ERPB,aslongas that board meets more frequently than other appointed boards;and
WHEREAS,the Mayor and City Commissioners of the Cityof South Miami desire to adopt this
ordinance to accomplish the above objectives.
NOW,THEREFORE,BEIT ORDAINED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF
SOUTH MIAMI,FLORIDA:
Section 1.Section 20-6.1(C),"Environmental Reviewand Preservation Board/'of the City'sLand
Development Code,is hereby amended to read asfollows:
20-6.1 -Administrative entities.
(C)Environmental Review and Preservation Board.
(1)Establishment and Membership.
(a)An environmental reviewand preservation boardishereby created whichshallconsistofnine
(9)members whoresideorworkin the eCity,except as provided inii.below.
i.Themayor,withthoadviceand consent of the cCity cCommission,shall appoint tho
members of the board.In accordance with the City Charter Article II,Section 8,A,each
City Commissioner shall appoint one person to serve as a representative on the Board
and all members of the Board in excess of five (5)shall be appointed by three (3)
affirmative votes of the City Commission based on recommendations submitted by any
City Commissioner.
ii.Board membership shallincludeatleast one (1)registered landscape architect licensed
to practice in the State ofFlorida.Ifitis determined by the CityCommission that the
position of landscape architect cannot befilledbya qualified individual who resides or
worksin the City,the residency requirement maybewaivedby the Commissionand the
position of landscape architect maybefilledbya qualified individual who does not reside
or work in the City.
iii Board membership shallincludetwo(2),butnomore than four (4),architects licensedto
practice in the State of Florida.
iv.Members of the environmental reviewand preservation board maynotworkfor the City
orbe employed byany company that has contracts with the City.
Pagel
Ord.No.24-16-2257
v.Members shall serwe for a term of two (2)years,
(b)Any member of the boardshallbeautomaticallyremovedformissing throe (3)five(5)regular
meetings ina row,or five-^nine(9)meetings ina twelve (12)month period.
i.ThePlanningandZoningDirectorshallkeepa record of meetings missed.
ii.ThePlanningandZoningDirectorshalladvise the CityCommissionand the member
being removed that such member has been automatically removed.
(2)Organization.
(a)Meetings.
i.Theboardshallholdtwo(2)regularmeetingseachmonth,on the firstandthirdTuesday
of each month.
ii.Meetings shall not beheldifno plans,specifications or items are submitted for review.
iii.Agendasofall meetings shallbe posted atCity Hall notless than three (3)workingdays
prior to any meetings.
Section 2.Codification.Theprovisionsofthis ordinance shall become andbe made part of the Land
DevelopmentCodeof the CityofSouthMiamias amended;that the sectionsofthis ordinance maybe
renumbered or re-lettered toaccomplishsuch intention;and that the word "ordinance"maybe changed to
"section"or other appropriate word.
Section 3.Severability.Ifany section,clause,sentence,or phrase ofthis ordinance isforany reason held
invalidor unconstitutional bya court of competent jurisdiction,thisholdingshallnotaffect the validityof the
remaining portions of this ordinance.
Section 4.Ordinances inConflict.All ordinances orpartsof ordinances andall sections and parts of sections
of ordinances in direct conflict herewith are hereby repealed.
Section 5.Effective Date.This ordinance shall become effective upon enactment.
PASSEDANDENACTED this20thdav of September,2016.
CITYCCERK
£A^^l^l^^
1stReading _9/6/16
2nd Reading.9/20/16
READAND APPBQVED ASTO FORM:
LANGUAGE,
EXECU1
ERPB Ordinance;revised 7-5-16
MAYO
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
5-0
Yea
Yea
Yea
Yea
Yea
Page 2
South^Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:The Honorable Mayor &Members of the City Commission
Via:Steven Alexander,City Manager
From:Jane K.Tompkins,AICP,Planning DirectorO^^
Date:September 20,2016 Agenda Item No.11
Subject:
An Ordinance amending Section 20-6.1 of the City of South Miami's Land Development Code,
to amend the meeting requirements for the Environmental Review and Preservation Board.
Background:
TheLand Development Code (LDC)includes attendance requirements for members of the
PlanningBoard,the EnvironmentalReviewand Preservation Board (ERPB),and the Historic
Preservation Board,along with the meeting schedule foreach board.Members ofeach board
shallbe removed formissing three (3)regular meetings inarow,orfive(5)meetings ina
twelve-month period.ThePlanningBoardand the Historic Preservation Board each meet once
a month;the ERPB,however,is scheduled to meet twice a month.
Analysis:
The ERPB meets during the dayandgenerallyholdsboth meetings each month dueto the
volume of applications they review.These two factors seem to increase the likelihood that an
individual board member will occasionally missa meeting.The boardcurrently has fewer
members than required,apparently asaresultof members being automatically removed due
to excessive'ahsences.Furthermore,when compared to the frequency withwhich other boards
meet,the ERPB has more stringent attendance requirements.Consequently,the ERPB
suggested that the number of allowed absences be increased in order to ease the burden on
board members and create more uniform attendance requirements.
AtFirst Reading on September 6,2016,the Commission approved the ordinance with the
following changes:(1)Section 20-6.1(C)(l)(a)(i)was amended to change the manner inwhich
board appointments were made;and(2)Section 20-6.1(C)(l)(b)was amended to increase the
number of permitted absences tofive(5)inarowornine(9)ina twelve (12)month period.The
attached ordinance includes these amendments.
Section 20-6.1(C),"Environmental Reviewand Preservation Board/'willbe amended to read as
follows:
ERPB Attendance Requirements Text Amendment
September 20,2016
Page2of3
20-6.1 -Administrative entities.
(C)Environmental Review and Preservation Board.
(1)Establishment and Membership.
(a)An environmental reviewand preservation boardis hereby created whichshall
consist ofnine(9)members who reside orworkin the eCity,except as provided in
ii.below.
i.Tho mayor,with tho advice and consent of the cCity cCommission,shall
appoint tho members of the board.In accordance with the City Charter,
Article II,Section 8,A,each City Commissioner shall appoint one person to
serve as a representative on the Board and all members of the Board in
excess of five(5)shall be appointed by three (3)affirmative votes of the City
Commission based on recommendations submitted by any City
Commissioner.
ii.Board membership shall include at least one (1)registered landscape
architect licensedtopracticein the StateofFlorida.Ifitis determined by the
CityCommission that the positionof landscape architect cannot befilledbya
qualifiedindividualwhoresidesorworksin the City,the residency
requirement maybewaivedby the Commissionand the position of landscape
architect maybefilledbya qualified individualwho does not reside or work in
the City.
HI Board membership shallincludetwo (2),butnomore than four (4),architects
licensed to practice in the State of Florida.
iv.Members of the environmental reviewand preservation boardmaynotwork
for the City orbeemployedbyanycompany that has contracts withthe City.
v.Members shall serve fora term oftwo(2)years.
(b)Any member oftheboardshallbeautomaticallyremovedformissingthroo(3)
five (5)regularmeetingsina row^or five (5)nine(9)meetingsinatwelve(12)
month period.
i.ThePlanningandZoningDirectorshallkeeparecordof meetings missed.
ii.ThePlanningandZoningDirectorshalladvise the CityCommissionand the
member being removed that such member has been automatically removed.
Easing the attendance requirements as proposed should ease the members'burden but not
create such sporadic attendance byanyindividual member to the point where the reviewof
applications is affected.
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ERPB Attendance Requirements Text Amendment
September 20,2016
Page 3 of 3
Planning Board Action:
After the public hearing on the item at the Planning Board's August 9,2016 meeting,the Board
recommended approval of the ordinance with a vote of6-0.The proposed change was
presented to the ERPB on August 2,2016.Under the Land Development Code,the ERPB does
not vote on text amendments,but the board members indicated their support for this change
in the regulations.
Recommendation:
Itis recommended that the City Commission approve the proposed amendment to the Land
Development Code after second reading.
Attachments:
•Draft Ordinance
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SUNDAY SEPTEMBER\\2016
MIAMIHERALD.COM NEIGHBORS 27SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given thaithe CityCommissionof Ihe CityofSouthMiami.Florida will conduct Public Hearings atits regular CityCommissionmeeting scheduled for
Tuesday.September20.2016,beginningat7:00p.m.,intheCityCommissionChambers.6130SunsetDrive,loconsiderthe following item(s):
AResolutionapprovinga special usetopermita fraternal organization/private club at 6304SW78 Street.
A Resolution relating toan application for waiver ofplatforthe subdivision of property located 6050SW HI Street.
An Ordinance amending theCityofSouth Miami's LandDevelopment Code.Article III,"Zoning Regulations."Section 20-3.3,Permitted use schedule.'*Subsection (E):
"Outdoor Seating/Dining forAll commercial Properties.,exceptfor Properties intheRO Residential.OfficeZoning District*'"'to amend the insurance requirements,andother
applicable nries,applicable tooutdoorseatingof restaurants withintheCity.
An.Ordinance amending the South Miami Pension Plan to implement theCollective Bargaining Agreement between theCityof South Miami «Dd AFSCME Local 3294 and
creating a new Administration Management Seivice Class (AMSC)of employees inthe South Miami Pension Plan fortheCityof South Miami and setting forth rbe terras of
the Plan asrelated totheAMSC;by Amending Chapter 16,Article U.Section 16-1.2.."Definitions"'by Adding Definitions for Second TierMember and AMSC and amending
the definition of final average compensation,asit applies tothe AMSC;by amending Section 16-13."Eligibility"to reopen thePlan for certain General Employees and for
the AMSC;by amending Section 16-14."Pension benefits and retirement date"tosetoutthe benefits for those persons who will join the Second Tier and for those persons
intheAMSC;by amending Section 16-17 "Termination Benefits"to provide a vesting schedule for the AMSC;by amending Sec.16-19,"Contributions**to place a limit
on the total contributions made inany fiscal year by General Employees and tosetthe contribution rate for the AMSC;by amending Section 16-21,"Purchase of Credited
Service"byallowing certain employeesandelectedofficers lo buy credited service.
An Ordinance ofthe Mayor and City Commission oftheCityof South Miami amending the Land Development Code.Article in."Zoning Regulations.*'Section 20-3.5.
"Dimensional Requirements.*-"toamendand clarify thesetback requirements forside street first andsecond stoiy facades of structures on comer lots,andforside interior
setbacks for additions to structures witha live foot setback,inthe RS-1.RS-2.RS-3.RS-4 and RS-5 stoning districts;and Section 20-3.6."Supplemental Regulations."
subsection (F)(4).to correct thetitleofthe director responsible for determining which streets are frontage andsidestreets.
An Ordinance amending Section 20-6.3 of the City of South Miami's Land Development Code,to amend the meeting requirements for the Environmental Review and
Preservation Board.()
An Ordinance AdoptingaSmallScale Amendment 10 the Future Land Use Map ofthe Comprehensive Plan,amending the designation ofthe Marshall
Williamson property located south ofSW 64th Terrance.approximately between SW 60*Avenue and SW 61"Court,from Single-Family Residential
(Two-Story)toTownhouseResidential(Two-Story).
An Ordinance Amending the Official Zoning Map,asauthorized by Section 20-3.1 (C).and other applicable provisions,amending thedesignation oftheMarshall Williamson
property located southofSW 64,h Terrace approximately between SW 60*Avenue and SW 61sCourt,from Single-Family Residential District RS-4toRT-9.
ALL interestedpartiesare invited toattendand wiJJ beheard.
Forfurtherinformation,pleasecontacttheCityClerk's Oflice at:305-663-6340.
Maria M.Menendez.CMC
CityClerk
Pursuant loFlorida Slnluies 286.0 J05.ihe City herchy advises ihcpublic thaiifa person decides lo appeal any decision made by this Board,Agency or Commission wiih icspccl toanymailer considered
ai its meeting or hearing,he ur shewill need a record of Ihc proceedings,and thai lorsuch purpose,aflbcicd person may needlu ensure that a verbatim record of ihcproceedings i.s made which record
includesthetestimony and evidence uponwhich die appeal islohebased.
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday.Sunday and
logat Holidays
Miami,Miami-DadeCounty.Florida
STATE OF FLORIDA
COUNTY OF MIAMLDADE:
Beforetheundersignedauthoritypersonallyappeared
OCTELMA V.FERBEYRE,whoon oath saysthatheor she is
the VICE PRESIDENT.LegalNoticesoftheMiamiDaily
Business Review f/k/a Miemi Review,a dairy (except
Saturday',SundayandLegalHolidays)newspaper,
publishedat Miami in Miami-Dade County.Florida;lhal the
attachedcopyofadvertisement,beingaLegalAdvertisement
of Notice in Ihe matter ol
NOTICE OF PU8LIC HEARING
CITYOFSOUTHMIAMI-SEPT.20.2016
in the XXXX Court.
waspublished in said newspaper m Ihe issues of
AKiant furthersaysthatIhe said Miami Daily Business
Reviewisa newspaper publishedatMiami,insaid
Miami-Dade Couniy.Florida andthatthesaidnewspaperhas
heretoforebeencontinuouslypublishedinsaidMiami-Dade
County.Floridaeachday(exceptSaturday.Sundayand
Legal Holidays)andhasbeenenteredassecondclassmail
mailer at Ihe postoffice in Miamiin said Miami-Dade County.
Florida,foraperiodofoneyearnextprecedingthefirst
publicationoftheattachedcooyofadvertisement;andaffiant
furthersaysthatheorshehasneitherpaidnorpromisedany
person,firm or corporationanydiscount,rebate,commission
or refund for Ihr*purpose of securing this advertisement for
publication in the/said nevpprSperN
(SEAIJ
OCTELMA V.FERBEYRE personally knojyn loJb^*^^<p \^
..•^\ss;oa;iv %
=*!
BFF 034747 •£F*
"%#
CITY OF SOUTH W38AW8i
WOT1CE 08*PUBLBC HEAR8MG
NOTICE IS HEREBY given thatthe C'rty Commission ofthe CityofSouth
Miami.Florida will conduct Public Hearing(s)atits regular CityCommission
meeting scheduled for Tuesday.September 20.2016,beginning at 7:00
p.m.,inthe City Commission Chambers,6130 Sunset Drive,to consider
the following item(s):
AResolution approving a special usa topermit a fraternal organizalbn/private
clubat6304SW78 Street.
A Resolution relating toan application for.waiver ofplatforthe
'.subdivision of.prcperty lorated-6050 $W 81 Streef..•
'.'-An brdinan^Wamendi'n'g therein/of South .Miami's..Land Development
.''Code,Article III,'Zoning.Regulations'*Section 20-3.3.Permitted use
schedule."Subsection (E)."Outdoor Seating/Dining for All-commercial
Properties,except tor Properties inthe RO Residential Office Zoning
District,"to amend the insurance requirements,and other applicable
rules,applicable to outdoor seating of restaurants within the City.
An Ordinance amending theSouth Miami Pension Planto implement
theCollective Bargaining Agreement between the City of South.Miami
and AFSCME Local 3294and creating anew Administration
Management Service Class (AMSC)ofemployees in theSouth Miami
Pension Planforthe City of South Miami andsetting forth thetermsof
thePlanas related totho AMSC:by Amending Chapter 16,Article II,
Section 16-12,•Definitions''by Adding Definitions forSecond Tier
Member and-AMSC and amending the definition of final average
compensation,a3itapplies tothe AMSC;by amending Section 16-13.
"'Eligibility"to reopen the Plan for certain General Employees and for
the AMSC;by amending Section 16-14,"Pension benefits and
retirement date"to6etoutthe benefits for those persons whowill join
theSecond Tier andforthose persons inthe AMSC;by amending
Section 16-17 Termination Benefits"toprovide a vesting schedule for
the AMSC;by amending Sec,16-19,-Contributions"to place a limitonthetotaTcontributionsmadeinanyfiscalyearbyGeneral.
Employees and to set the contribution,rate for the AMSC,byamendingSection16-21."Purchase of Credited Service"by allowing
certain employees and elected officers tobuy credited service.
An Ordinance ot theMayor and City.Commission ofthe City of South
Miami amending the Land Development Code.Article.Ill,"Zoning
Regulations,"Section 20-3.5,"Dimensional Requirements,"to amend
and clarify the setback requirements for side street first and second
story facades of structures on corner lots,and for side Interior
setbacks for additions lo structures with a five foot setback,intheRS-1.
RS-2,RS-3,RS-4 and RS-5 zoning districts;and Section 20-3.6,'
•Supplemental Regulations."subsection (F)(4),to correct the tllle of
the director responsible for determining which streets arefrontage and
side streets..
An Ordinance amending Section 20-6.1 oftheCity of South Miami'
Land Development Code,to amend themeeting requirements for the
Environmental Review and Preservation Board.
An Ordinance Adopting a Small Scale Amendment totheFuture Land
Use Map oftheComprehensive Plan,amending the designation ofthe
Marshall Williamson property located south of SW 64th Torrance,
approximately between SW 60th Avenue and SW 61st Court,from
Single-Famiry Residential (Two-Story)toTownhouse Residential (Two-Story).
An Ordinance Amending the Official Zoning Map,as authorized by
Section 20-3.1 (C),and other applicable provisions,amending the
designation ofthe Marshall Williamson property located south of SW.
64th Terrace approximately between SW 60th Avenue and SW 61st
Court,from Single-Family Residential Oistrlct RS-4 tp RT-9.
ALL interested parties areinvited toattend and will be heard.
For further information,please contact the City Clerk's Office at:
305-663-6340.
MariaM.Menendez,CMC
CityClerk
Pursuant to Florida Statutes 286.0105,the City hereby advises the public
that if a person decides to appeal any decision made by this Board,
Agency or Commission wiih respect to any matter considered at its
meeting orhearing,he or-she will need a record ofthe proceedings,and
that for suchpurpose,affected person may nead to ensure thata verbatim
record ofthe proceedings is made which record includes the toslimony
and evidence upon which the appeal istobe based.P</,n„.Q/Q 16-101/0000151096M
(=)