Ord No 34-20-2388ORDINANCE NO.34-20-2388
An Ordinance amending the City of South Miami Land Development Code,
Section 20-6.1(A), (B), (C) and (D) to provide for virtual meetings, election day
meeting conflicts, attendance remotely, authority of the person chairing the
meeting to make motions and vote on all motions and clarifying that board
members are nominated and not recommended for membership.
WHEREAS, the City's Planning Board, Environment Review and Preservation Board
and its Historic Preservation Board have apparent conflict with election days; and
WHEREAS, the current requirements prevent a quorum of board members from
attending a meeting remotely; and
WHEREAS, there has been a question as to the power of the person chairing a meeting
and the Commission desires to authorize the chair of the meetings to be able to make motions as
well as to vote on all motions; and
WHEREAS, the Mayor and City Commission desire to provide the Planning Board,
Environment Review and Preservation Board and the Historic Preservation Board with more
flexibility to meet.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Article VI. Titled "ADMINISTRATION AND ENFORCEMENT",
Section 20.6. 1 (A),(B), (C) and (D), of the City of South Miami's Land Development Code are
hereby amended and shall read as follows:
Sec. 20.6.1- Administrative entities.
(A) City Commission.
(1) Establishment, membership and organization of the City Commission shall be in accordance
with the City Charter and the Code of Ordinances of the City.
(2) Powers and Duties.
(a) The City Commission shall have all such powers and duties as are granted and conferred
by state law, the Code of Ordinances of the City and this Code.
(b) The City Commission shall provide for the health, safety, convenience and general welfare
of the citizens of South Miami through the regulations contained in this Code.
(c) The City Commission shall receive recommendations from the Planning Board and the
Environmental Review and Preservation Board, and shall be guided by such boards.
(d) The City Commission shall act in compliance with and furtherance of the City's adopted
Comprehensive Plan.
(e) The City Commission may:
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i. Amend the provisions of the adopted Comprehensive Plan and this Code;
ii. Change zoning district boundaries;
iii. Authorize home occupational licenses;
iv. Grant variances from the provisions of this Code;
v. Permit the continuation of nonconforming uses;
vi. Authorize special uses;
vii. Make final judgment on appeals of administrative decisions;
viii. Review and approve all Initial Site Plans and Major Changes within the Downtown
SoMi (DS) district;
ix. Review and approve all Master Signage Plans within the DS district; and
x. Review and approve all sign permit applications not substantially conforming with an
approved Master Signage Plan within the DS district.
(f) The City Commission shall have the power and the duty to hear and decide the above
matters in accordance with the provisions of this Code.
(3) Procedures.
(a) Voting. All ordinances and resolutions that require more than one (1) reading for passage
or enactment shall be passed on first reading by a majority vote.
i. Except for those items listed in ii and iii below, not less than three (3) affirmative votes
of the City Commission shall be required to pass or enact an agenda item.
ii. With the exception set forth in iii below, four (4) affirmative votes of the City
Commission shall be required for final approval of a change to the adopted
Comprehensive Plan, a rezoning, a variance, a special use, a special exception, or a
planned unit development.
iii. Five (5) affirmative votes of the City Commission shall be required to enact an
amendment to land use and development regulations in any manner to make them
less restrictive in all areas of the City other than the Commercial Core whose
boundaries are defined in Article II, Section 6, paragraph D.I. of the City Charter. An
amendment is `less restrictive" if any one (1) of the following occurs:
a. The amendment increases density, intensity, floor area ratio or building height.
b. The amendment allows lesser setbacks or building separation requirements.
c. The amendment allows greater building coverage or impervious coverage than the
maximum, or less coverage than the minimum, allowed by existing regulations.
d. The amendment adds a use to a zoning district that has a higher intensity than any of the
existing uses. The intensity of a use shall be determined by projected trip generation
rates, as set forth in the Institute of Transportation Engineers, Trip Generation Manual,
last amended edition.
iv. An amendment is not less restrictive if it decreases density, intensity, floor area ratio
or building height, if it requires greater setbacks or building separation requirements, if
it provides for less building coverage or lot coverage, or if it adds a use to a zoning
district that has the same or a lower intensity than any of the existing uses. The
intensity of a use shall be determined by projected trip generation rates, as set forth in
the Institute of Transportation Engineers, Trip Generation Manual, last amended
edition.
iiv. The person in charge of the meeting may make motions and vote on all motions made
by any member of the Commission.
(b) Public Hearings.
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i. The City Commission shall hold public hearings when amending the adopted
Comprehensive Plan, amending the text of this Code, rezoning, approving special
uses, approving special exceptions, granting variances and permitting nonconforming
uses. All other items shall not require a public hearing for Commission action.
ii. Actions upon site plans, variances, administrative appeals, planned unit
developments, nonconforming uses, special exceptions and special uses shall be by
resolution. All other actions shall be by ordinance.
(c) The City Commission may defer action on any application or other matter before it, for
cause, for a reasonable period of time.
(d) The City Commission may refer a matter back to the Planning Board or the Environmental
Review and Preservation Board for further consideration and recommendation.
(e) Notwithstanding anything to the contrary contained in the City's Code of Ordinances or
this Land Development Code, when any request or application ("application") requiring a
public hearing before the Planning Board has been submitted to and voted upon by the
City Commission and denied or failed to pass, such application, in the same or similar
form, may only be addressed a second time by the City Commission if, within six (6)
months from the date the request was last voted upon, either of the following events occur.
(1) A member of the Commission instructs the Clerk to add the application to the City
Commission agenda for reconsideration without the introduction of any new evidence
or argument of the proponent or the opposition. In such event, the City Commission
may reconsider the request and it may do so without a public hearing.
(2) A member of the City Commission instructs the Clerk to add a resolution to the City
Commission agenda calling for a rehearing of new evidence concerning the
application. In such event, the application shall only be reheard if the resolution calling
for rehearing is approved by a majority of the City Commission. The resolution
approving the rehearing shall set the date and time when the application will be
reheard and the rehearing shall be at a duly noticed public hearing. A rehearing under
this subsection shall be limited to new evidence and a closing statement by the
applicant or the applicant's representative.
If no member of the City Commission timely instructs the Clerk to place the application on
the agenda for reconsideration or for rehearing, then a new application shall be filed with
the Planning and Zoning Department.
(f) Financial Interest.
i. Any member of the City Commission who has a special financial interest, direct or
indirect, in any matter shall make that interest known and shall abstain from
participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute malfeasance in office
and shall render the action voidable by the City Commission.
(B) Planning Board.
(1) Establishment and Membership.
(a) There is hereby created a local planning agency to be known as the South Miami Planning
Board.
(b) The Board shall be comprised of seven (7) members who reside in the City.
In accordance with the City Charter, Article II, Section 8.A, each City Commissioner
shall appoint one (1) person to serve as a representative on the Board and all other
members of the Board shall be appointed by three (3) affirmative votes of the City
Commission based on nominations submitted by any City Commissioner.
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Ord. No. 34-20-2388
ii. Planning Board members shall be appointed for a two (2) year terms.
iii. Vacancies shall be filled for the remainder of any unexpired terms.
iv. Any member of the Board shall automatically be removed for missing three (3) regular
meetings in a row or five (5) meetings in a twelve (12) month period.
v. The Director of Planning and Zoning shall keep a record of meetings missed and
advise the City Commission and the member being removed that such member has
been automatically removed.
(2) Organization.
(a) The Board organization, procedures, meeting notice and meeting conduct shall be in
accordance with bylaws adopted by the Board.
(b) The Board shall elect from its membership a chairman and vice-chairman for one (1) year
non -successive terms.
L The chairman shall normally preside at all meetings of the Board.
ii. In the absence of the chairman, the vice-chairman shall preside.
(c) A temporary chairman may be elected at any meeting when both the chairman and vice-
chairman are absent.
(d) Meetings.
i. The Planning Board shall hold one (1) regular meeting at [a] time set by the Board but no
earlier than 6:00 p.m. and no later than 8:00 p.m., on the second Tuesday of each month
unless the meeting falls on a legal holiday or an election day, in which event it shall be
rescheduled to a date when a quorum of the board is available to meet either before or
after the regularly scheduled meeting. Meetings need not be held if there are no
scheduled agenda items. All regular meetings shall be held at City Hall either in person or
remotely using Communication Media Technology (CMT)
ii. Two or more members of the Board may hold a Sunshine meeting in the same manner and
under the same procedures as such meetings are scheduled by the City Commission.
(e) The Chairperson or the Planning and Zoning Director shall have the authority to call a
special meeting if there are items or applications that require Board action, or 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.
(3) Powers and Duties.
(a) The Board shall have all such powers and duties as are granted and conferred by state
law and this Code.
(b) The Board shall have the authority to investigate and recommend to the City Commission
such changes in the boundaries of the various use districts, zoning regulations, use of land
and type of construction, locations and use of all structures on any valid application
submitted to it.
i. In arriving at its recommendations, the Board shall consider factors including, but not
limited to: neighborhood character, suitability of particular uses, conservation of
property values, the city's adopted Comprehensive Plan and availability of adequate
public facilities and services.
ii. The Board shall investigate and make recommendations to the City Commission on
matters affecting redevelopment, rehabilitation, conservation and renewal progress
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Ord. No. 34-20-2388
toward the alleviation of slum and blight areas and such other conditions as may
injuriously affect the city.
(c) The Board shall review and make recommendations on all applications for a change in
zoning district boundaries.
(d) The Board shall periodically review and make recommendations relating to the provisions
of this Code, including the district map, and shall offer recommendations to the City
Commission as to the sufficiency thereof in implementing the City's adopted
Comprehensive Plan.
(e) Reserved.
(f) The Board shall review and make recommendations relating to the determination and
continuance of nonconforming uses.
(g) The Board shall review and make recommendations on all applications for special uses as
permitted in this Code; such recommendations being made only after it has been
determined that all established special requirements have been met and that the use will
not create any incompatible relationships with other uses in the area in which it is to be
located.
(h) The Board shall review and make recommendations on all applications for variances from
the requirements of .this Code for yard setbacks, lot size, lot coverage, building height,
fences and walls, impervious coverage, off-street parking, open space, signs and
landscaping. Recommendations for a variance shall be made based upon the criteria set
forth in Section 20-5.9(H).
(i) The Board shall review and provide comments for the City Commission's consideration
regarding Initial Site Plans within the DS district pursuant to Section 20-12.13(A). The
Board shall also review and make recommendations on Major Changes to Initial Site Plans
within the DS district pursuant to Section 20-12.14(A).
Q) The Board shall review and make recommendations on Master Signage Plans within the
DS district pursuant to Section 20-12.15(C). The Board shall also review and make
recommendations on sign permit applications not substantially conforming with an
approved Master Signage Plan pursuant to Section 20-12.15(D)(2)(b).
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be four (4) members.
ii. A majority vote of the members present in person or who are attending from a remote
location using Communication Media Technology (CMT) shall be required to pass
upon any matter on which the Board is required to act under this Code.
iii. Recommendations on all items before the Board shall be transmitted to the City
Commission within forty-five (45) calendar days of the time that the item first appears
on a regularly scheduled Board agenda. If the Board has not reached a decision on
the item during said forty-five (45) day period, or if the Board has reviewed the
application and is deadlocked, then the item shall be transmitted forthwith to the City
Commission with a "No Comment" recommendation.
(b) The Board shall keep a permanent record of all proceedings before it, showing the vote of
each member upon each question, or if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions, all of which shall
immediately be filed in the office of the Board and shall be a public record.
(c) Meetings of the Board shall be public and notification of such meetings shall be in
accordance with city ordinances and state law.
(d) All Board actions shall be by motion.
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(e) All matters brought before the Board shall be accompanied by a staff report which shall
include basic facts.
(f) Financial interest
i. Any member of the board who has a special financial interest, direct or indirect, in any
matter shall make that interest known and shall abstain from participation therein in
any manner.
ii. Willful failure to disclose such financial interest shall constitute malfeasance in office
and shall render the action voidable by the city commission.
(g) The Chair of the meeting may make motions and vote on all motions made by any member
of the Board.
(C) Environmental Review and Preservation Board.
(1) Establishment and Membership.
(a) An environmental review and preservation board is hereby created which shall consist of
nine (9) members who reside or work in the City, except as provided in ii. below.
i. In accordance with the City Charter, Article II, Section 8, A, each City Commissioner
shall appoint one (1) 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 FeeemmeWations nominations submitted by
any City Commissioner.
ii. Board membership shall include at least one (1) registered landscape architect
licensed to practice in the State of Florida. If it is determined by the City Commission
that the position of landscape architect cannot be filled by a qualified individual who
resides or works in the City, the residency requirement may be waived by the
Commission and the position of landscape architect may be filled by a qualified
individual who does not reside or work in the City.
iii Board membership shall include two (2), but no more than four (4), architects licensed
to practice in the State of Florida.
iv. Members of the environmental review and preservation board may not work for the
City or be employed by any company that has contracts with the City.
v. Members shall serve for a term of two (2) years.
(b) Any member of the board shall be automatically removed for missing five (5) regular
meetings in a row, or nine (9) meetings in a twelve-month period.
I. The Planning and Zoning Director shall keep a record of meetings missed.
ii. The Planning and Zoning Director shall advise the City Commission and the member
being removed that such member has been automatically removed.
(2) Organization.
(a) Meetings.
i. The board shall hold two (2) regular meetings each month, on the first and third
Tuesday of each month unless it is a holiday or election day , in which event it shall be
rescheduled to a date when a quorum of the board is available to meet as soon thereafter
as possible..
ii. Meetings shall not be held if no plans, specifications or items are submitted for review.
iii. Agendas of all meetings shall be posted at City Hall not less than three (3) working
days prior to any meetings.
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iv. The Planning and Zoning Department Director may call a special meeting if, in the
Director's sole discretion, the Director determines that such a meeting is necessary.
v. Two or more members of the Board may hold a Sunshine meeting in the same manner
and under the same procedures as such meetings are scheduled by the City
Commission.
(c) The board shall elect from its membership a chair and vice -chair for a one year non -
successive term, respectively.
L The chair shall normally preside at all meetings of the board.
ii. in the absence or recusal of the chair, the vice -chair shall preside.
(d) A temporary chair may be elected at any meeting when both the chair and vice -chair are
absent or recused.
(3) Powers and Duties.
(a) The board shall have all such powers and duties as are granted by this Code.
(b) Except within the DS district, the board shall review and recommend approval, disapproval
or modification on all site plans, projects and specifications as required under the Board's
mandatory review pursuant to this Code.
(c) Except within the DS district, the board shall review the scale, color, texture and
appropriateness of all proposed buildings, additions, and other structures; the quantity,
quality and arrangement of all proposed landscaping and open space features; and the
overall compatibility of the proposed development with the existing character of the
neighborhood.
(d) The board shall have the power and the duty to hear and decide matters, specifically
prescribed by and in accordance with the terms of this Code.
(e) The board shall conduct any other function which may be designated or assigned by act of
the City Commission.
(f) Notwithstanding any other provisions of this Code, the Environmental Review and
Preservation Board shall not review any additions or alterations to single-family dwellings,
unless in the opinion of the Planning and Zoning Director it would significantly affect the
character of the residence.
(g) Notwithstanding any other provisions of this Code, the Environmental Review and
Preservation Board (ERPB) shall review all new construction, painting, remodeling,
landscaping and signage projects to be performed by this municipal government (the City),
prior to any permits being issued or any work being performed.
(h) The Environmental Review and Preservation Board shall not review Initial Site Plans
within the DS district nor any Minor Changes made to approved Initial Site Plans within the
DS district. Any Major Changes to the Site Plan will be subject to ERPB review with City
Commission acting to grant final agency approval.
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be three (3) members.
ii. An affirmative vote of a majority of the members present in person or who are
attending from a remote location using Communication Media Technology (CMMT) shall
be required to pass upon any matter on which the board is required to act under this
Code.
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Ord. No. 34-20-2388
(b) The board shall keep a permanent record of all proceedings before it.
(c) Meetings of the board shall be public and notification of such meetings shall be given in
accordance with Code provisions. If any scheduled meeting is not held (whether for lack of
quorum or otherwise), then all applications scheduled for such meeting shall be heard and
decided by the Planning and Zoning Director of the Building, Zoning, and Community
Development Department (or the director's designee) no later than the end of the next
business day after the scheduled meeting was to have been held. The director's decision,
if for approval, shall constitute ERPB approval. The seven-day appeal period begins the
day after the director's decision.
(d) All approved plans and specifications shall bear the official signature of the chair presiding
at the meeting at which such plans and specifications are approved.
(e) If a set of plans is denied, or modification is recommended, the board shall, to the greatest
extent possible, make specific findings as to the reasons for denial and modification, and
recommend appropriate changes, if possible.
(f) Financial interest.
i. Any member of the board who has a special financial interest, direct or indirect, in any
matter before the board shall make that interest known and shall abstain from
participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute malfeasance in office
and shall render the action voidable by the City Commission.
(g). The person in charge of the meeting may make motions and vote on all motions made by
any member of the Board.
(D) Historic Preservation Board.
(1) Establishment and Membership.
(a) A Historic Preservation Board is hereby created which shall consist of nine (9) members
who reside or work in the City.
i. Each City Commissioner shall appoint one (1) person to serve as a representative on
the Board, and all remaining members of such Board or committee in excess of five
(5) shall be appointed by three (3) affirmative votes of the city commission based on
MGMmendations nominations submitted by any City Commissioner. Reappointments
and/or replacements are to be made in the identical manner as the original
appointments.
Reappointments and/or replacements are to be made in the identical manner as the
original appointments if the entire Board is to be replaced, otherwise, any commission
member may nominate a member for a vacancy by way of a proposed resolution.
ii. All members shall be familiar with the purposes of preserving and protecting districts,
structures or sites having historic or archeological worth.
iii. Board membership shall include two (2) registered architects licensed to practice in
the State of Florida. If it is determined by the city commission that the positions of
architect cannot be filled by a qualified individual who resides or works in the city, the
residency requirement may be waived by the commission and the position of architect
may be filled by a qualified individual who does not reside or work in the city. The
Board shall include one (1) member who is a licensed Florida attorney
("attomey/member"). If it is determined by the City Commission that the position of
attorney cannot be filled by a qualified individual who resides or works in the city, the
residency requirement may be waived by the commission and the position of attorney
may be filled by a qualified individual who does not reside or work in the city. If the
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City cannot locate a qualified attorney who is willing to sit on the Board, then the City
Commission may fill the attomey/member seat by appointing anyone else who is
otherwise qualified to be a member of the Board.
iv. Members shall serve for a tern of two (2) years.
(b) Any member of the Board shall be automatically removed for missing three (3) regular
meetings in a row or five (5) meetings in a twelve-month period.
i. The Planning and Zoning Director shall keep a record of meetings missed.
ii. The Planning and Zoning Director shall advise the City Commission and the member
being removed that such member has been automatically removed.
(2) Organization.
(a) Meetings.
L The Board shall hold one (1) regular meeting each month on the last
Monday of each month, except in June. In the event a regular meeting falls on a
legal holiday, or an election day, it shall be rescheduled to a date when a quorum of
the board is available to meet as soon thereafter as possible.
ii. Meetings shall not be held if no designation reports, plans, specifications or scheduled
matters are to be submitted and/or initiated by the Board for review.
iii. Agendas of all meetings shall be posted at City Hall not less than three (3) working
days prior to any regularly scheduled meetings, excluding workshops.
iv. The Planning and Zoning Department Director may call a special meeting if, in the
Director's sole discretion, the Director determines that such a meeting is necessary.
v. Two or more members of the Board may hold a Sunshine meeting in the same manner
and under the same procedures as such meetings are scheduled by the City
Commission.
(b) The Board shall elect from its membership a chair and vice -chair for a one-year non -
successive term, respectively.
i. The chair shall normally preside at all meetings of the Board.
ii. In the absence of the chair, the vice -chair shall preside.
(c) A temporary chair may be elected at any meeting when both the chair and the vice -chair
are absent or recused.
(3) Powers and Duties.
(a) The Board shall have all such powers and duties granted by state law, Miami -Dade
County Code and this Code.
(b) The Board shall review and recommend approval, disapproval or modification of all
applications for final approval by the City Commission of historic district and historic site
designations, and site plans and specifications, and Certificates of Appropriateness, as
required under this Code.
(c) The Planning and Zoning Department shall maintain and update files from the Miami -Dade
County Historic Survey within the city for the purpose of determining and promoting those
districts and sites of special historic or archeological value or interest.
(d) The Board shall make recommendations to the City Commission on the designation of
historic districts and sites, and archeological sites, pursuant to this Code.
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(e) The Board shall endeavor to improve and expand the Miami -Dade County Historic Survey
with additional sites, information, oral histories and any other material as may be available,
and periodically, to reevaluate the survey to determine whether changing times and values
warrant recognition of new or different, historic and/or archeological districts and sites.
(f) The Board shall, in reference to specific historic districts or sites, or archaeological sites,
recommend to the City Commission the use of preservation incentives, including tax
incentives and advantages.
(g) The Board shall make recommendations to the City Commission concerning application
for and the utilization of grants from federal and state agencies, or from private groups and
individuals, and utilization of city funds to promote the preservation of historically significant
districts and sites and archaeologically significant sites.
(h) The Board shall recommend contact of public and private organizations and individuals,
engage in historic and archeological preservation education, and undertake all reasonable
and proper means to promote preservation of historically and archaeologically significant
properties which are proposed for, or under threat of, demolition, destruction or significant
degradation.
(i) The Board shall evaluate and comment upon decisions by request of other public agencies
affecting the physical development and appearance of historically significant districts and
sites and archaeologically significant sites, or upon the request of the City Commission.
�) The Board shall recommend approval of historic and archeological markers for properties
within the city.
(k) The Board shall advise the city commission on matters related to the use, administration
and maintenance of city -owned historically significant properties.
(1) The Board shall promote and encourage communication and exchange of ideas and
information between the Board and owners of historically and archaeologically significant
properties, potential developers, public officials, financial institutions, and other interested
persons.
(m) The Board shall have the responsibility to advise the City administration and City
Commission on various matters, in accordance with the terms of this Code.
(n) The Board shall conduct any other function which may be designated or assigned by act
of the City Commission.
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be three (3) members.
ii. An affirmative vote of a majority of the members present in person or who are
attending from a remote location using Communication Media Technology (CMT) shall
be required to pass upon any matter on which the Board is required to act under this
Code.
iii. In instances when the Board considers a designation report, a quorum shall consist of
three (3) members, at least one (1) of whom shall be an architect.
(b) The Planning and Zoning Department shall keep a permanent record of all proceedings
before it.
(c) Meetings of the Board shall be public and notification of such meetings shall be given in
accordance with Code provisions. If any scheduled meeting is not held, then all
applications scheduled for such meeting, except designation reports, shall be heard and
decided by the Director of the Planning and Zoning Department (or the director's designee)
no later than the end of the next business day after the scheduled meeting was to have
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Ord. No. 34-20-2388
been held. The director's decision, if for approval, shall constitute Historic Preservation
Board approval.
(d) All approved designation reports shall bear the official signature of the chair presiding at
the meeting at which such reports are approved.
(e) Reserved.
(f) Financial interest.
i. Any member of the Board who has a special financial interest, direct or indirect, in any
matter before the Board shall make that interest blown and shall abstain from
participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute malfeasance in office
and shall render the action voidable by the City Commission-
(g) The City's staff, the Director of the Miami -Dade County Office of Historic Preservation, and
private parties may make recommendations to the Board for the initiation of designations of
historic districts and individual historic sites, whether residential, commercial, industrial or
other types of sites. The recommendation shall be addressed to the Board and delivered to
the City Clerk by United States mail, facsimile transmission, or e-mail. The Board, in its
discretion, may make its own recommendation to the City Commission for the adoption,
amendment to or rejection of such suggestions which shall be treated as an application.
See Chapter 16-A: Sec. 16-3.1 (4)(a)(2). In such event, the Board shall notify the Planning
Director who shall provide due notice to affected parties.
(h) The Chair of the meeting may make motions and vote on all motions made by any member
of the Board.
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature.
Section 4. Codification. The provisions of this ordinance shall become and be made part
of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance
may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 17`s day of November, 2020.
ATTEST: APPRO ED:
l i�z
CITY CLERld MAYOR
Page 11 of 12
Agenda Rem NoA3.
City Commission Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Rem Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Land Development Code, Section 20-6.1(A), (B), (C) and (D)
to provide for virtual meetings, election day meeting conflicts, attendance remotely, authority of the person
chairing the meeting to make motions and vote on all motions and clarifying that board members are
nomination and not recommended for membership. 3/5 (City Attorney)
Suggested Action:
Attachments:
Ord amending 20.6.1(A)(B),(C)&(D) re CMT Mtgs(2).doc
Ord amending 20-6.1(A), (B),(C)&(D) re CMT Mtgs(3).doc
Miami Herald Ad.pdf
I ORDINANCE NO.
2
3 An Ordinance amending the City of South Miami Land Development Code,
4 Section 2016.1(A)i (B), (C) and (D) to provide for virtual meetings, election day
5 meeting conflicts, attendance remotely, authority of the person chairing the
6 meeting to make motions and vote on all motions and clarifying that board
7 members are nominal- and not recommended for membership.
8
9
10 WHEREAS, the City's Planning Board, Environment Review and Preservation Board
11 and its Historic Preservation Board have apparent conflict with election days; and
12
13 WHEREAS, the current requirements prevent a quorum of board members from
14 attending a meeting remotely; and
15
16 WHEREAS, there has been a question as to the power of the person chairing a meeting
17 and the Commission desires to authorize the chair of the meetings to be able to make motions as
18 well as to vote on all motions; and
19
20 WHEREAS, the Mayor and City Commission desire to provide the Planning Board,
21 Environment Review and Preservation Board and the Historic Preservation Board with more
22 flexibility to meet.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
28 fully set forth herein and as the legislative intent of this Ordinance.
29
30 Section 2. Article VI. Titled "ADMINISTRATION AND ENFORCEMENT",
31 Section 20.6.](A),(B), (C) and (D), of the City of South Miami's Land Development Code are
32 hereby amended and shall read as follows:
33 Sec. 20.6.1 - Administrative entities.
34 (A) City Commission.
35 (1) Establishment, membership and organization of the City Commission shall be in accordance
36 with the City Charter and the Code of Ordinances of the City.
37 (2) Powers and Duties.
38 (a) The City Commission shall have all such powers and duties as are granted and conferred
39 by state law, the Code of Ordinances of the City and this Code.
40 (b) The City Commission shall provide for the health, safety, convenience and general welfare
41 of the citizens of South Miami through the regulations contained in this Code.
42 (c) The City Commission shall receive recommendations from the Planning Board and the
43 Environmental Review and Preservation Board, and shall be guided by such boards.
44 (d) The City Commission shall act in compliance with and furtherance of the City's adopted
45 Comprehensive Plan.
46 (a) The City Commission may:
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I i. Amend the provisions of the adopted Comprehensive Plan and this Code;
2 ii. Change zoning district boundaries;
3 iii. Authorize home occupational licenses;
4 iv. Grant variances from the provisions of this Code;
5 v. Permit the continuation of nonconforming uses;
6 vi. Authorize special uses;
7 vii. Make final judgment on appeals of administrative decisions;
8 viii. Review and approve all Initial Site Plans and Major Changes within the Downtown
9 SoMi (DS) district;
10 ix. Review and approve all Master Signage Plans within the DS district; and
11 x. Review and approve all sign permit applications not substantially conforming with an
12 approved Master Signage Plan within the DS district.
13 (f) The City Commission shall have the power and the duty to hear and decide the above
14 matters in accordance with the provisions of this Code.
15 (3) Procedures.
16 (a) Voting. All ordinances and resolutions that require more than one (1) reading for passage
17 or enactment shall be passed on first reading by a majority vote.
18 i. Except for those items listed in ii and iii below, not less than three (3) affirmative votes
19 of the City Commission shall be required to pass or enact an agenda item.
20 ii. With the exception set forth in iii below, four (4) affirmative votes of the City
21 Commission shall be required for final approval of a change to the adopted
22 Comprehensive Plan, a rezoning, a variance, a special use, a special exception, or a
23 planned unit development.
24
iii. Five (5) affirmative votes of the City Commission shall be required to enact an
25
amendment to land use and development regulations in any manner to make them
26
less restrictive in all areas of the City other than the Commercial Core whose
27
boundaries are defined in Article II, Section 6, paragraph D.I. of the City Charter. An
28
amendment is "less restrictive" if any one (1) of the following occurs:
29
a. The amendment increases density, intensity, floor area ratio or building height.
30
b. The amendment allows lesser setbacks or building separation requirements.
31
c. The amendment allows greater building coverage or impervious coverage than the
32
maximum, or less coverage than the minimum, allowed by existing regulations.
33
d. The amendment adds a use to a zoning district that has a higher intensity than any of the
34
existing uses. The intensity of a use shall be determined by projected trip generation
35
rates, as set forth in the Institute of Transportation Engineers, Trip Generation Manual,
36
last amended edition.
37
iv. An amendment is not less restrictive if it decreases density, intensity, floor area ratio
38
or building height, if it requires greater setbacks or building separation requirements, if
39
it provides for less building coverage or lot coverage, or if it adds a use to a zoning
40
district that has the same or a lower intensity than any of the existing uses. The
41
intensity of a use shall be determined by projected trip generation rates, as set forth in
42
the Institute of Transportation Engineers, Trip Generation Manual, last amended
43
edition.
44
iiv. The person in charge of the meeting may make motions and vote on all motions made
45
by anv member of the Commission.
46 (b) Public Hearings
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The City Commission shall hold public hearings when amending the adopted
Comprehensive Plan, amending the text of this Code, rezoning, approving special
uses, approving special exceptions, granting variances and permitting nonconforming
uses. All other items shall not require a public hearing for Commission action.
Actions upon site plans, variances, administrative appeals, planned unit
developments, nonconforming uses, special exceptions and special uses shall be by
resolution. All other actions shall be by ordinance.
(c) The City Commission may defer action on any application or other matter before it, for
cause, for a reasonable period of time.
(d) The City Commission may refer a matter back to the Planning Board or the Environmental
Review and Preservation Board for further consideration and recommendation.
(e) Notwithstanding anything to the contrary contained in the City's Code of Ordinances or
this Land Development Code, when any request or application ("application") requiring a
public hearing before the Planning Board has been submitted to and voted upon by the
City Commission and denied or failed to pass, such application, in the same or similar
form, may only be addressed a second time by the City Commission if, within six (6)
months from the date the request was last voted upon, either of the following events occur:
(1) A member of the Commission instructs the Clerk to add the application to the City
Commission agenda for reconsideration without the introduction of any new evidence
or argument of the proponent or the opposition. In such event, the City Commission
may reconsider the request and it may do so without a public hearing.
(2) A member of the City Commission instructs the Clerk to add a resolution to the City
Commission agenda calling for a rehearing of new evidence concerning the
application. In such event, the application shall only be reheard if the resolution calling
for rehearing is approved by a majority of the City Commission. The resolution
approving the rehearing shall set the date and time when the application will be
reheard and the rehearing shall be at a duly noticed public hearing. A rehearing under
this subsection shall be limited to new evidence and a closing statement by the
applicant or the applicant's representative.
If no member of the City Commission timely instructs the Clerk to place the application on
the agenda for reconsideration or for rehearing, then a new application shall be filed with
the Planning and Zoning Department.
(f) Financial Interest.
i. Any member of the City Commission who has a special financial interest, direct or
indirect, in any matter shall make that interest known and shall abstain from
participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute malfeasance in office
and shall render the action voidable by the City Commission.
(B) Planning Board.
(1) Establishment and Membership.
(a) There is hereby created a local planning agency to be known as the South Miami Planning
Board.
(b) The Board shall be comprised of seven (7) members who reside in the City.
i. In accordance with the City Charter, Article II, Section 8.A, each City Commissioner
shall appoint one (1) person to serve as a representative on the Board and all other
members of the Board shall be appointed by three (3) affirmative votes of the City
Commission based on nominations submitted by any City Commissioner.
Page 3 of 12
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I ii. Planning Board members shall be appointed for a two (2) year terms.
2 iii. Vacancies shall be filled for the remainder of any unexpired terms.
3 iv. Any member of the Board shall automatically be removed for missing three (3) regular
4 meetings in a row or five (5) meetings in a twelve (12) month period.
5 v. The Director of Planning and Zoning shall keep a record of meetings missed and
6 advise the City Commission and the member being removed that such member has
7 been automatically removed.
8 (2) Organization.
9 (a) The Board organization, procedures, meeting notice and meeting conduct shall be in
10 accordance with bylaws adopted by the Board.
11 (b) The Board shall elect from its membership a chairman and vice-chairman for one (1) year
12 non -successive terms.
13 i. The chairman shall normally preside at all meetings of the Board.
14 ii. In the absence of the chairman, the vice-chairman shall preside.
15 (c) A temporary chairman may be elected at any meeting when both the chairman and vice-
16 chairman are absent.
17 (d) Meetings.
18 i. The Planning Board shall hold one (1) regular meeting at [a] time set by the Board but no
19 earlier than 6:00 p.m. and no later than 8:00 p.m., on the second Tuesday of each month
20 unless the meeting falls on a legal holiday or an election day, in which event it shall be
21 rescheduled to a date when a quorum of the board is available to meet either before or
22 after the regularly scheduled meeting. Meetings need not be held if there are no
23 scheduled agenda items. All regular meetings shall be held at City Hall either in person or
24 remotely using Communication Media Technology
25 ii. Two or more members of the Board may hold a Sunshine meeting in the same manner and
26 under the same procedures as such meetings are scheduled by the City Commission.
27
28 (a) The Chairperson or the Planning and Zoning Director shall have the authority to call a
29 special meeting if there are items or applications that require Board action, or due to
30 circumstances which prevent a regularly scheduled meeting from being held and provided
31 that notice of the meeting is given to the City Commission, Board members, applicants,
32 and posted at City Hall not less than three (3) working days prior to the meeting date.
33 (3) Powers and Duties
34 (a) The Board shall have all such powers and duties as are granted and conferred by state
35 law and this Code.
36 (b) The Board shall have the authority to investigate and recommend to the City Commission
37 such changes in the boundaries of the various use districts, zoning regulations, use of land
38 and type of construction, locations and use of all structures on any valid application
39 submitted to it.
40 i. In arriving at its recommendations, the Board shall consider factors including, but not
41 limited to: neighborhood character, suitability of particular uses, conservation of
42 property values, the city's adopted Comprehensive Plan and availability of adequate
43 public facilities and services.
44 ii. The Board shall investigate and make recommendations to the City Commission on
45 matters affecting redevelopment, rehabilitation, conservation and renewal progress
Page 4 of 12
17
toward the alleviation of slum and blight areas and such other conditions as may
injuriously affect the city.
(c) The Board shall review and make recommendations on all applications for a change in
zoning district boundaries.
(d) The Board shall periodically review and make recommendations relating to the provisions
of this Code, including the district map, and shall offer recommendations to the City
Commission as to the sufficiency thereof in implementing the City's adopted
Comprehensive Plan.
9 (e) Reserved
10 (f) The Board shall review and make recommendations relating to the determination and
11 continuance of nonconforming uses.
12 (g) The Board shall review and make recommendations on all applications for special uses as
13 permitted in this Code; such recommendations being made only after it has been
14 determined that all established special requirements have been met and that the use will
15 not create any incompatible relationships with other uses in the area in which it is to be
16 located.
17 (h) The Board shall review and make recommendations on all applications for variances from
18 the requirements of this Code for yard setbacks, lot size, lot coverage, building height,
19 fences and walls, impervious coverage, off-street parking, open space, signs and
20 landscaping. Recommendations for a variance shall be made based upon the criteria set
21 forth in Section 20-5.9(H).
22 (i) The Board shall review and provide comments for the City Commission's consideration
23 regarding Initial Site Plans within the DS district pursuant to Section 20-12.13(A). The
24 Board shall also review and make recommendations on Major Changes to Initial Site Plans
25 within the DS district pursuant to Section 20-12.14(A).
26 Q) The Board shall review and make recommendations on Master Signage Plans within the
27 DS district pursuant to Section 20-12.15(C). The Board shall also review and make
28 recommendations on sign permit applications not substantially conforming with an
29 approved Master Signage Plan pursuant to Section 20-12.15(D)(2)(b).
30 (4) Procedures.
31 (a) Quorum and voting
32
33
34
35
36
37
38
39
40
41
i. A quorum shall be four (4) members.
ii. A majority vote of the members
upon any maser on
r (CMT) shall be required to pass
act under this Code.
iii. Recommendations on all items before the Board shall be transmitted to the City
Commission within forty-five (45) calendar days of the time that the item first appears
on a regularly scheduled Board agenda. If the Board has not reached a decision on
the item during said forty-five (45) day period, or if the Board has reviewed the
application and is deadlocked, then the item shall be transmitted forthwith to the City
Commission with a "No Comment" recommendation.
42 (b) The Board shall keep a permanent record of all proceedings before it, showing the vote of
43 each member upon each question, or if absent or failing to vote, indicating such fact, and
44 shall keep records of its examinations and other official actions, all of which shall
45 immediately be filed in the office of the Board and shall be a public record.
46 (c) Meetings of the Board shall be public and notification of such meetings shall be in
47 accordance with city ordinances and state law.
48 (d) All Board actions shall be by motion.
Page 5 of 12
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I (a) All matters brought before the Board shall be accompanied by a staff report which shall
2 include basic facts.
3 (f) Financial interest.
4 i. Any member of the board who has a special financial interest, direct or indirect, in any
5 matter shall make that interest known and shall abstain from participation therein in
6 any manner.
7 ii. Willful failure to disclose such financial interest shall constitute malfeasance in office
8 and shall render the action voidable by the city commission.
9 (q). The Chair of the meeting may make motions and vote on all motions made by any member
10 of the Board.
11
12 (C) Environmental Review and Preservation Board.
13 (1) Establishment and Membership.
14 (a) An environmental review and preservation board is hereby created which shall consist of
15 nine (9) members who reside or work in the City, except as provided in ii. below.
16 i. In accordance with the City Charter, Article II, Section 8, A, each City Commissioner
17 shall appoint one (1) person to serve as a representative on the Board and all
18 members of the Board in excess of five (5) shall be appointed by three (3) affirmative
19 votes of the City Commission based on raremmendations nominatiod submitted by
20 any City Commissioner.
21 ii. Board membership shall include at least one (1) registered landscape architect
22 licensed to practice in the State of Florida. If it is determined by the City Commission
23 that the position of landscape architect cannot be filled by a qualified individual who
24 resides or works in the City, the residency requirement may be waived by the
25 Commission and the position of landscape architect may be filled by a qualified
26 individual who does not reside or work in the City.
27 iii Board membership shall include two (2), but no more than four (4), architects licensed
28 to practice in the State of Florida.
29 iv. Members of the environmental review and preservation board may not work for the
30 City or be employed by any company that has contracts with the City.
31 v. Members shall serve for a term of two (2) years.
32 (b) Any member of the board shall be automatically removed for missing five (5) regular
33 meetings in a row, or nine (9) meetings in a twelve-month period.
34 i. The Planning and Zoning Director shall keep a record of meetings missed.
35 ii. The Planning and Zoning Director shall advise the City Commission and the member
36 being removed that such member has been automatically removed.
37 (2) Organization.
38 (a) Meetings.
39 i. The board shall hold two (2) regular meetings each month. on the first and third
40 Tuesday of each month unless it is a holiday or election daN , in which event it shall be
41 rescheduled to a date when a quorum of the board is available to meet as soon thereafter
42 as possible..
43 ii. Meetings shall not be held if no plans, specifications or items are submitted for review.
44 iii. Agendas of all meetings shall be posted at City Hall not less than three (3) working
45 days prior to any meetings.
Page 6 of 12
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I iv. The Planning and Zoning Department Director may call a special meeting if, in the
2 Director's sole discretion, the Director determines that such a meeting is necessary.
3 v. Two or more members of the Board may hold a Sunshine meeting in the same manner
4 and under the same procedures as such meetings are scheduled by the City
5 Commission.
6
7 (c) The board shall elect from its membership a chair and vice -chair for a one year non-
8 successive term, respectively.
9 L The chair shall normally preside at all meetings of the board.
10 ii. In the absence or recusal of the chair, the vice -chair shall preside.
I 1 (d) A temporary chair may be elected at any meeting when both the chair and vice -chair are
12 absent or recused.
13 (3) Powers and Duties.
14 (a) The board shall have all such powers and duties as are granted by this Code.
15
(b)
Except within the DS district, the board shall review and recommend approval, disapproval
16
or modification on all site plans, projects and specifications as required under the Board's
17
mandatory review pursuant to this Code.
18
(c)
Except within the DS district, the board shall review the scale, color, texture and
19
appropriateness of all proposed buildings, additions, and other structures; the quantity,
20
quality and arrangement of all proposed landscaping and open space features; and the
21
overall compatibility of the proposed development with the existing character of the
22
neighborhood.
23
(d)
The board shall have the power and the duty to hear and decide matters, specifically
24
prescribed by and in accordance with the terms of this Code.
25
(e)
The board shall conduct any other function which may be designated or assigned by act of
26
the City Commission.
27
(f)
Notwithstanding any other provisions of this Code, the Environmental Review and
28
Preservation Board shall not review any additions or alterations to single-family dwellings,
29
unless in the opinion of the Planning and Zoning Director it would significantly affect the
30
character of the residence.
31
(g)
Notwithstanding any other provisions of this Code, the Environmental Review and
32
Preservation Board (ERPB) shall review all new construction, painting, remodeling,
33
landscaping and signage projects to be performed by this municipal government (the City),
34
prior to any permits being issued or any work being performed.
35
(h)
The Environmental Review and Preservation Board shall not review Initial Site Plans
36
within the DS district nor any Minor Changes made to approved Initial Site Plans within the
37
DS district. Any Major Changes to the Site Plan will be subject to ERPB review with City
38
Commission acting to grant final agency approval.
39
(4) Procedures.
40
(a)
Quorum and voting.
41
L A quorum shall be three (3) members.
42
ii. An affirmative vote of a majority of the members present in erson or who are
43
attending from a remote location using ■ommunica n Media chnologv (CMT) shall
44
be required to pass upon any matter on which the board is required to act under this
45
Code.
Page 7 of 12
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I
(b)
The board shall keep a permanent record of all proceedings before it.
2
(c)
Meetings of the board shall be public and notification of such meetings shall be given in
3
accordance with Code provisions. If any scheduled meeting is not held (whether for lack of
4
quorum or otherwise), then all applications scheduled for such meeting shall be heard and
5
decided by the Planning and Zoning Director of the Building, Zoning, and Community
6
Development Department (or the director's designee) no later than the end of the next
7
business day after the scheduled meeting was to have been held. The director's decision,
8
if for approval, shall constitute ERPB approval. The seven-day appeal period begins the
9
day after the director's decision.
10
(d)
All approved plans and specifications shall bear the official signature of the chair presiding
I 1
at the meeting at which such plans and specifications are approved.
12
(a)
If a set of plans is denied, or modification is recommended, the board shall, to the greatest
13
extent possible, make specific findings as to the reasons for denial and modification, and
14
recommend appropriate changes, if possible.
15
(f)
Financial interest.
16 i. Any member of the board who has a special financial interest, direct or indirect, in any
17 matter before the board shall make that interest known and shall abstain from
18 participation therein in any manner.
19 ii. Willful failure to disclose such financial interest shall constitute malfeasance in office
20 and shall render the action voidable by the City Commission.
21 (g). The person in charge of the meeting may make motions and vote on all motions made by
22 any member of the Board.
23
24 (D) Historic Preservation Board.
25 (1) Establishment and Membership.
26 (a) A Historic Preservation Board is hereby created which shall consist of nine (9) members
27 who reside or work in the City.
28 i. Each City Commissioner shall appoint one (1) person to serve as a representative on
29 the Board, and all remaining members of such Board or committee in excess of five
30 (5) shall be appointed by three (3) affirmative votes of the city commission based on
31 PenommPnolatininir nominations submitted by any City Commissioner. Reappointments
32 and/or replacements are to be made in the identical manner as the original
33 appointments.
34 Reappointments and/or replacements are to be made in the identical manner as the
35 original appointments if the entire Board is to be replaced, otherwise, any commission
36 member may nominate a member for a vacancy by way of a proposed resolution.
37 ii. All members shall be familiar with the purposes of preserving and protecting districts,
38 structures or sites having historic or archeological worth.
39 iii. Board membership shall include two (2) registered architects licensed to practice in
40 the State of Florida. If it is determined by the city commission that the positions of
41 architect cannot be filled by a qualified individual who resides or works in the city, the
42 residency requirement may be waived by the commission and the position of architect
43 may be filled by a qualified individual who does not reside or work in the city. The
44 Board shall include one (1) member who is a licensed Florida attorney
45 ("attorney/member"). If it is determined by the City Commission that the position of
46 attorney cannot be filled by a qualified individual who resides or works in the city, the
47 residency requirement may be waived by the commission and the position of attorney
48 may be filled by a qualified individual who does not reside or work in the city. If the
Page 8 of 12
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I City cannot locate a qualified attorney who is willing to sit on the Board, then the City
2 Commission may fill the attorney/member seat by appointing anyone else who is
3 otherwise qualified to be a member of the Board.
4 iv. Members shall serve for a term of two (2) years.
5 (b) Any member of the Board shall be automatically removed for missing three (3) regular
6 meetings in a row or five (5) meetings in a twelve-month period.
7 i. The Planning and Zoning Director shall keep a record of meetings missed.
8 ii. The Planning and Zoning Director shall advise the City Commission and the member
9 being removed that such member has been automatically removed.
10 (2) Organization.
11 (a) Meetings.
12 i. The Board shall hold one (1) regular meeting each month on the last
13 Monday of each month, except in June. In the event a regular meeting falls on a
14 legal holiday, or an election day, it shall be rescheduled to a date when a quorum of
15 the board is available to meet as soon thereafter as possible.
16 ii. Meetings shall not be held if no designation reports, plans, specifications or scheduled
17 matters are to be submitted and/or initiated by the Board for review.
18 iii. Agendas of all meetings shall be posted at City Hall not less than three (3) working
19 days prior to any regularly scheduled meetings, excluding workshops.
20 iv. The Planning and Zoning Department Director may call a special meeting if, in the
21 Director's sole discretion, the Director determines that such a meeting is necessary.
22 v. Two or more members of the Board may hold a Sunshine meeting in the same manner
23 and under the same procedures as such meetings are scheduled by the City
24 Commission.
25
26 (b) The Board shall elect from its membership a chair and vice -chair for a one-year non-
27 successive term, respectively.
28 i. The chair shall normally preside at all meetings of the Board.
29
ii. In the absence of the chair, the vice -chair shall preside.
30
(c)
A temporary chair may be elected at any meeting when both the chair and the vice -chair
31
are absent orrecused.
32
(3) Powers and Duties.
33
(a)
The Board shall have all such powers and duties granted by state law, Miami -Dade
34
County Code and this Code.
35
(b)
The Board shall review and recommend approval, disapproval or modification of all
36
applications for final approval by the City Commission of historic district and historic site
37
designations, and site plans and specifications, and Certificates of Appropriateness, as
38
required under this Code.
39
(c)
The Planning and Zoning Department shall maintain and update files from the Miami -Dade
40
County Historic Survey within the city for the purpose of determining and promoting those
41
districts and sites of special historic or archeological value or interest.
42
(d)
The Board shall make recommendations to the City Commission on the designation of
43
historic districts and sites, and archeological sites, pursuant to this Code.
Page 9 of 12
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(a) The Board shall endeavor to improve and expand the Miami -Dade County Historic Survey
with additional sites, information, oral histories and any other material as may be available,
and periodically, to reevaluate the survey to determine whether changing times and values
warrant recognition of new or different, historic and/or archeological districts and sites.
(f) The Board shall, in reference to specific historic districts or sites, or archaeological sites,
recommend to the City Commission the use of preservation incentives, including tax
incentives and advantages.
8 (g) The Board shall make recommendations to the City Commission concerning application
9 for and the utilization of grants from federal and state agencies, or from private groups and
10 individuals, and utilization of city funds to promote the preservation of historically significant
I 1 districts and sites and archaeologically significant sites.
12 (h) The Board shall recommend contact of public and private organizations and individuals,
13 engage in historic and archeological preservation education, and undertake all reasonable
14 and proper means to promote preservation of historically and archaeologically significant
15 properties which are proposed for, or under threat of, demolition, destruction or significant
16 degradation.
17 (i) The Board shall evaluate and comment upon decisions by request of other public agencies
18 affecting the physical development and appearance of historically significant districts and
19 sites and archaeologically significant sites, or upon the request of the City Commission.
20 (j) The Board shall recommend approval of historic and archeological markers for properties
21 within the city.
22 (k) The Board shall advise the city commission on matters related to the use, administration
23 and maintenance of city -owned historically significant properties.
24
(1)
The Board shall promote and encourage communication and exchange of ideas and
25
information between the Board and owners of historically and archaeologically significant
26
properties, potential developers, public officials, financial institutions, and other interested
27
persons.
28
(m)
The Board shall have the responsibility to advise the City administration and City
29
Commission on various matters, in accordance with the terms of this Code.
30
(n)
The Board shall conduct any other function which may be designated or assigned by act
31
of the City Commission.
32
(4) Procedures.
33
(a)
Quorum and voting.
34
i. A quorum shall be three (3) members.
35
ii. An affirmative vote of a majority of the members present in >erson or who are
36
attending from a remote location using communication ®edia echnoloov (CMT) shall
37
be required to pass upon any matter on which the Board is required to act under this
38
Code.
39
iii. In instances when the Board considers a designation report, a quorum shall consist of
40
three (3) members, at least one (1) of whom shall be an architect.
41 (b) The Planning and Zoning Department shall keep a permanent record of all proceedings
42 before it.
43 (c) Meetings of the Board shall be public and notification of such meetings shall be given in
44 accordance with Code provisions. If any scheduled meeting is not held, then all
45 applications scheduled for such meeting, except designation reports, shall be heard and
46 decided by the Director of the Planning and Zoning Department (or the director's designee)
47 no later than the end of the next business day after the scheduled meeting was to have
Page 10 of 12
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I been held. The director's decision, if for approval, shall constitute Historic Preservation
2 Board approval.
3
(d)
All approved designation reports shall bear the official signature of the chair presiding at
4
the meeting at which such reports are approved.
5
(a)
Reserved.
6
(f)
Financial interest.
7
i. Any member of the Board who has a special financial interest, direct or indirect, in any
8
matter before the Board shall make that interest blown and shall abstain from
9
participation therein in any manner.
10
ii. Willful failure to disclose such financial interest shall constitute malfeasance in office
11
and shall render the action voidable by the City Commission.
12
(g)
The City's staff, the Director of the Miami -Dade County Office of Historic Preservation, and
13
private parties may make recommendations to the Board for the initiation of designations of
14
historic districts and individual historic sites, whether residential, commercial, industrial or
15
other types of sites. The recommendation shall be addressed to the Board and delivered to
16
the City Clerk by United States mail, facsimile transmission, or e-mail. The Board, in its
17
discretion, may make its own recommendation to the City Commission for the adoption,
18
amendment to or rejection of such suggestions which shall be treated as an application.
19
See Chapter 16-A: Sec. 16-3.1 (4)(a)(2). In such event, the Board shall notify the Planning
20
Director who shall provide due notice to affected parties.
21
(h)
The Chair of the meeting may make motions and vote on all motions made by any member
22
of the Board.
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Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature.
Section 4. Codification. The provisions of this ordinance shall become and be made part
of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance
may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this day of 2020.
ATTEST: APPROVED:
CITY CLERK
Page 11 of 12
MAYOR
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S
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1" Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Philips:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Liebman:
Commissioner Gil:
Page 12 of 12
25
18SE
GROSS GROCERS
NEIGHBORS
Roaches, mold: South Florida
grocers fail inspection
er oAvlo f NFAt
dnealynmwmiknaW.wm
Two national chains,
roaches, flies and mold
make appearances on this
geographically diverse
edition of Gross Grocers.
In a rarity, this look at
inspections afford sellers
and handlers ails for the
South Florida cycle — rep-
resentation from Miami -
Dade, Browani, Palm
Beach and Monroe coun-
ties.
Now the rules: Unlike
Florida Department of
Business and Professional
Regulation inspections of
restaurants, failing doesn't
mean a store gets closed
until it passes But parts of
the store can be put under
a Stop Use order until the
problem gets wroperly
addressed. A place gets
enough Stop Use orders, it
might not ham enough
parts of the store it can use
to make openmg worth-
while.
What follows comes
from Florida Department
of Agriculture inspection of
groceries, supermarkets,
minimans, eorrvenience
stores, food image, food
distribution and food pro-
cessing faclil.es. If want a
place inspected or want to
report a problem, don't
email us. Go to the Depart-
ment of Agriculture web -
site and file a complaint.
We don't decide who
gets inspected or how
strictly they get inspected.
We report Without passion
or prejudice, but with a loaf
of humor.
In alphabetical order:
De Leon Seafood, 201
20th St., Marathon: We
MOldypeppers.
know things can be a little
more raw and outdoorsy in
the Keys, but even in Flip -
Flop Land, one must ob-
serve some indoor living
cleanliness rules.
Such as having a way to
wash, rinse and sanitize
cookware. "Warewash sink
was found outside, but not
attached.'
And there needs to be a
handwash sink in the area
where the ready -to -eat
stone crabs are processed.
"Ceiling located above
the cooker for ready -to -eat
stone crabs was found
open, not sealed properly,
to prevent cross contam-
ination or protect food."
So, who knows what kind
of ceiling sauce dripped on
the stone crabs?
Furtum Supermarket,
13660 SW 56th St., West
Miami -Dade: Maybe it's
called "Futuro" because
that's when the owners
plan to get the permit they
didn't have.
They also didn't have a
handwash sink in the food
service area "where the hot
box food items are served/
packaged and the pork
rinds/pork shoulders are
served/packaged for cus-
tomers."
They did have a hand -
washing sink that "shoots
water at the person wash-
ing hands from the base
where the faucet attaches
to the sink basin." Seems
like that would deter use.
Future's got until Dec. 3
to deal with that. More
immediately, they need to
address the employee
washing, rinsing, but not
sanitizing utensils and
dishes.
Also, the bread pudding,
flan and arroz con leche
bore no indication who
made them or from
whence they came. Basura.
An ice machine had
"black mold -like grime
encrusted on the interior
housing and icemaking
portion."
Papa Corn's House,
15585 SW 177th Ave.,
South Miami -Dade: "No
toilet installed in a fixed
building is available on the
premises. Only a portable
treatment is available at the
location."
Having mystery food —
no manufacturer informa-
tion on custard, fruit in
syrup and pasta salad —
gol all of that tossed.
Papa didn't stop being a
rolling stone long enough
to gel a septic permit from
the Department of Health.
Stop Use orders already
sidelined all open food
handling areas, food equip-
ment and processing areas.
The inspection says Pa-
pa's folks moved some
equipment outside to the
taco food truck, which
would he covered by the
Florida Department of
Business and Professional
Regulation inspectors, and
promised to work from
there.
SUNDAY NOVEMBER 87020
MIAM NERALD.COM
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Cade, Chapter 286.011. Fla. Stat, the City ¢ Home Rule
Powers, and the City Manager's declaration of a state of emergency due to the CaronaWms, the
City will be holding its City Commission Meeting VIRTUALLY. The meeting Is scheduled to begin
on Tuestlev. November 1]. 202o et ]OO o.m. to consider the following public hearing Itemis):
The City Manager Is authorized to enter into a multiyear agreement with My PR Guru, LLC
for public relations consulting services.
A Resolution authorizing the City Manager to enter Into a thre"ear agreement with an
option to renew for a maximum of ties consecutive years, With High Sources, Inc for
Ianilurial services at multiple City facilities.
A Resolution relating to a Waiver of Plat request to allow a subdivision of properly located
at 5907 SW SO Street and as legally described herein.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article I,
Section. 2.2.1 to change the time for submitting add -on items to the Agenda and providing
for attending Commission meetings remotely.
An Ordinance amending the City of South Miami Land Development Code, Section 20.6.1(A)
(6), (C) and (D) to provide for virtual meetings, election day meeting conflicts, attendance
remotely, authority of fine person chairing the meeting to make motions and vote on all
motions and clarifying that board members are nomination and not recommended for
membership.
Gwemor DeSantls's Executive Order iE.O.) Number 2M9 suspended that portion of Section
166.041(4), Fla. Slal., that required a quorum to be physically present to adopt resolutions and
asset ordinances. If E.O. No. 20-69 Is extended, City stag and all Commission members Will
participate by video confereacing through the Zoom platform and members of the public may
join the meeting via Zoom at (hnpaWroomos/j/3056636338) and participate. If E.O. No. 2MS
Is not extended, three members of the City Commissioner will be physically present In the City
Commission Chambers' and they will be broadcast an the Zoom platform along with ell other
members of the Commission, City Staff and the public who may attend remotely from other
locations. If you desire to present evidence or you are unable to use Zoom, there are procedures
to follow and other options available Including a dedicated phone line to listen and participate in
Die meeting and limited public attendance. all of which is set forth in the meeting notice posted at
City Hell and at hhp://Www.wu(hmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes
to review pending application, supporting documentation or who desire to have documents
made available for viewing by everyone during the meeting must contact the City Clark by calling
305-663-6340.
Note that pursuant to Florida Statutes 286.0105, a person Who decides to appeal any decision
made by a Board, Agency or Commission with respect to any matter considered at Its meeting
or hearing, a record of the proceedings will be required for said appeal and such person will be
required to have a verbatim transcript of the proceedings Including the testimony and evidence
upon which the appeal is to be based.
ADA To request a modification to a policy, practice or procedure or to request an auxiliary aide
or service In order to participate In a City program, activity or event, You must on or before
4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your
request to Me City Clerk by telephone: 305-663-6300, by mail at 6130 Sunset Drive. South
Miami. Florida or email at opevnensoulhmlamilli
Nkenga A. Payne, CMC
City Clerk
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