161 ORDINANCE NO. ______ _
2
3 An Ordinance amending the City of South Miami Land Development Article
4 VI, Section 20-6.1(B) (4) (a) iii to provide for a recommendation of the
5 Planning Board when the Board is deadlocked.
6
7 WHEREAS, the City's Land Development Code usually requires that an
8 application must receive a recommendation from the City's Planning Board before the
9 application may be approved by the City Commission; and
10
11 WHEREAS, the City may desire to reduce the quorum needed by the Planning
12 Board from five members to four members; and
13
14 WHEREAS, the Planning Board may be deadlocked if the number of members
15 necessary for a quorum is an even number or even if the quorum is an odd number, a
16 deadlock may occur when the number of member's present is six; and
17
18 WHEREAS, section 20-6.1 (B) (4) (a) iii does provide that, as to all items that go
19 before Planning Board, the Board shall transmit its recommendation to the City
20 Commission within 45 days and that if the Board has not reached a decision on the item
21 before the expiration of such 45-day time period, then the item shall be transmitted
22 forthwith to the City Commission with a "No Comment" recommendation. Even if this
23 provision can be interpreted to include a situation when the.Board is deadlocked, it would
24 delay the transmittal to the City Commission by 45 days.
25
26 WHEREAS, the Planning Board has, or will have, reviewed this proposed
27 ordinance before the enactment ofthis ordinance.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Section 1. Article VI, titled "ADMINISTRATION AND ENFORCEMENT",
Section 20-6.1(B) (4) (a) iii of the City of South Miami's Land Development Code is
hereby amended and shall read as follows:
20-6.1 -Administrative entities.
* * *
(B) Planning Board.
* * *
(4) Procedures.
(a) Quorum and voting.
1. A quorum shall be five (5) members.
ii. A majority vote of the members present shall be required to pass upon any
matter on which the board is required to act under this Code.
111. Recommendations on all items before the !2board shall be transmitted to
the Ceity Ceommission within forty-five (45) calendar days of the time that the item first
Page 1 of2
I~
appears on a regularly scheduled .aboard agenda. If the .aboard has not reached a decision
2 on the item before it during said forty-five (45) day period, or if the Board has reviewed
3 the application and is deadlocked, then the item shall be transmitted forthwith to the
4 Ceity Ceommission with a "No Comment" recommendation.
5
6 * * *
7
8 Section 2. Codification. The provisions of this ordinance shall become and
9 be made part of the Code of Ordinances of the City of South Miami as amended.
10
11 Section 3. Severability. If any section, clause, sentence, or phrase of this
12 ordinance is for any reason held invalid or unconstitutional by a court of competent
13 jurisdiction, this holding shall not affect the validity of the remaining portions of this
14 ordinance or the Guidelines adopted hereunder.
15
16 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
17 all sections and parts of sections of ordinances in direct conflict herewith are hereby
18 repealed.
19
20 Section 5. Effective Date. This ordinance shall become effective upon
21 enactment.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
PASSED AND ENACTED this __ day of_~ ___ , 2016.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
CITY ATTORNEY
Page 2 of2