04-19-05 Item 7CITY OF SOUTH MIAMI
OFFICE OF THE MAYOR
INTER - OFFICE MEMORANDUM
To: Honorable Vice Mayor & Date: April 19, 2005
Commission Members
ITEM No. 7
From: Mary Scott Russell Re: LDC Amendment
Mayor Appointment of Planning Board
m Members
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, REQUESTING THE PLANNING BOARD TO
CONSIDER AND RECOMMEND UPON ON A REVISION RELATED TO THE
APPOINTMENT OF PLANNING BOARD MEMBERS BY AMENDING SECTION
20- 6.1(B)(1)(b) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN
ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR
PLANNING BOARD MEMBERS; PROVIDING FOR AN EFFECTIVE DATE.
SITMMARV
The attached resolution submitted by the Mayor would change the appointment terms of Planning
Board members. The Land Development Code currently specifies that Planning Board members
shall serve a tern of two years. It is proposed that this section of the LDC be amended to provide
that Board members be appointed on staggered terms. Previous regulations in the Land
Development Code provided that four (4) Planning Board members shall be appointed for a term
of one year and three (3) members shall be appointed for a term of two years, and all successor
members shall be appointed for two year terms.
Currently the appointment or re- appointment of all seven members at one time every two years can
be a difficult process. The long term continuity and effectiveness of the Planning Board would
benefit from having overlapping appointment terms. The initial step to make this change is to
request the Planning Board to conduct a public hearing and provide a recommendation to the City
Commission.
RECOMMENDATION
It is recommended that the attached resolution be adopted.
Attachments:
LDC Section 20- 6.3(B)
Draft Resolution MSR /DOD /SAY \ \MCGRUFF \PLANNING \Comm Items\2005 \4- 19- 05\Planning Bd MembersTenn Report.doc
20 -6.1 SOUTH MIAMI LAND DEVELOPMENT CODE
ii. Actions upon site plans, variances, administrative appeals, planned unit
developments, nonconforming uses 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 envi-
ronmental review and preservation board for further consideration and recom-
mendation.
(e) When any request requiring a public hearing before the planning board has been
acted upon by commission and denied or failed to pass, such proposed change,
in the same or similar form shall not be reconsidered by the commission for a
period of at least one (1) year following the date of such action (removed: when
denied without prejudice) except in which case reconsideration is possible after
six (6) months for the date established for the prior hearing at the request of the
majority of the commission.
(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 malfea-
sance 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. Members of the board shall be appointed by the mayor, with the advice and
consent of the city commission.
ii. Planning board members. shall serve for a term of two (2) years.
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 building 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 boards
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THE PLANNING
BOARD TO CONSIDER AND RECOMMEND UPON A REVISION
RELATED TO THE APPOINTMENT OF PLANNING BOARD MEMBERS
BY AMENDING SECTION 20- 6.1(B)(1)(b) OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE IN ORDER TO PROVIDE FOR STAGGERED
APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 20- 6.1(B)(1) of the South Miami Land Development Code specifies
the establishment and membership of the Planning Board and;
WHEREAS, the current code specifies that Planning Board members shall serve a term of
two years; and
WHEREAS, previous provisions in the Land Development Code provided that four (4)
Planning Board members shall be appointed for a term of one year and three (3) members shall be
appointed for a term of two years, and all successor members shall be appointed for two year terms;
and
WHEREAS, the effectiveness of the Planning Board might benefit from having overlapping
appointment terms; and
WHEREAS, the City Commission wishes to consider the possibility of amending the Land
Development Code in order to return to staggered terms; and
WHEREAS, an amendment to the text of the Land Development Code requires a public
hearing and recommendation from the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission is requesting the Planning Board to conduct a public hearing and
provide a recommendation on an amendment to Section 20- 6.1(B)(1) of the Land Development
Code which would provide that four (4) Planning Board members shall be appointed for a term of
one year and three (3) members shall be appointed for a term of two years, and all successor
members shall be appointed for two year terms.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2005.
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
E: \Comm Items \2005 \4- 19- 05\PlanningBoard Membership Reso.doc
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice -Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper
Commissioner Sherar