06-07-05 Item 13South Miami
To: Honorable Vice Mayor and Date: June 7, 2005
Commission Members
From: Mary Scott Russell
Mayor
ITEM No. 13
Re: LDC Amendment
Planning Board Membership
Terms
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATED TO THE PLANNING BOARD 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 SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE
BACKGROUND
The attached resolution (No. 54 -05- 12033) was adopted by the City Commission at its April 19,
2005 meeting. The proposal 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 term 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 for the Planning Board to conduct a public hearing and provide a recommendation to the City
Commission.
PROPOSED AMENDMENT
The specific amendment is as follows:
(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.
LDC Amendment)
June 7,2005
Page 2 of 2
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 ,�,. f-er 4° of VAx '�• ` ��
shall be appointed as follows: 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.
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.
PLANNING BOARD ACTION
The Planning Board at its May 10, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the proposed amendment.
RECOMMENDATION
It is recommended that the proposed amendment be approved.
Attachments:
Proposed Ordinance
City Commission Resolution
Public Notices
MD/DOD /SAY
EAComm Items��O0156-7-05\PB- 0 - aI .2.Plan Bd Terms Report.doe
1
2 ORDINANCE NO.
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
6 OF SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING BOARD BY
7 AMENDING SECTION 20- 6.1(B)(1)(b) OF THE SOUTH MIAMI LAND
8 DEVELOPMENT CODE IN ORDER TO PROVIDE FOR STAGGERED
9 APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS; PROVIDING
10 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
11 EFFECTIVE DATE
12
13
14 WHEREAS, Section 20- 6.1(B)(1) (b) of the South Miami Land Development
15 Code specifies a two year term of office for members of the Planning Board; and,
16
17 WHEREAS, the appointment of all seven Planning Board members at one time
18 every two years is a difficult process; and
19
20 WHEREAS the long term continuity and effectiveness of the Planning Board
21 would benefit from having staggered appointment terms; and
22
23 WHEREAS, The City Commission at its April 19, 2005 meeting adopted
24 Resolution No. 54- 05- 12033 which requested the Planning Board to consider amending
25 this section of the LDC in order to provide that Board members be appointed on
26 staggered terms, and
27
28 WHEREAS, the Planning Board at its May 10, 2005 meeting, after a public
29 hearing adopted a motion by the vote of 5 ayes 0 nays recommending approval of a
30 proposed amendment to Section 20 -6.1 (B)(1)(b) of the Land Development Code.
31
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
35
36 Section 1. That Section 20-6. 1 (B)(1)(b) entitled "Planning Board -Organization"
37 of the City's Land Development Code, is hereby amended to read as follows:
38
39 Section 20 -61
40
41 (B) Planning Board.
42
43 (1) Establishment and Membership.
44
45 (a) There is hereby created a local planning agency to be known as the
46 South Miami Planning Board.
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(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
be appointed as follows: 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.
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.
Section 2 All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. 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 4. This ordinance shall be effective immediately after the adoption
hereof.
ATTEST:
CITY CLERK
PASSED AND ADOPTED this day of , 2005
APPROVED:
MAYOR
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READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
(New wording underlined; wording to be removed indicated by strikethrough)
RESOLUTION NO.
54 -05- 12033
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 he public ea ing and
a recommendation on an amendment to Section 20- 6.1(B)(1) of
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 ay of 2005.
Pg. 2 of Res. Nom 54 -05 -12033
ATTEST: APPROVED;
CLERK YO
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5-0
Mayor Russell: Yea
Vice -Mayor Palmer: Yea
Commissioner Wiscombe: Yea
Commissioner Birts- Cooper' Yea
CITY.T-TORNEY Commissioner Sherar Yea
EAComm Items \2005 \4- 19- 05\P'lanning Board Membership Reso.doc
OUT
• INCORPORATED •
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 10, 2005
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy
Mr. Illas, and Mr. Mann.
Board members absent: Ms. Gibson and Mr. Comendeiro
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
III. Planning Board Applications / Public Hearings
Chairman Mr. Morton swore in speakers
PB -05 -012
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING BOARD BY
AMENDING SECTION 20 -6.1 (B)(1)(b) OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE IN ORDER TO PROVIDE FOR STAGGERED
Planning Board Meeting
May 10, 2005 Excerpt
Page 2 of 2
APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE
Action: Mr. Mann read the item into the record. At this time, Mr. O'Donniley
explained that at the City Commission meeting of April 19, 2005 the Commission
adopted a resolution (No. 54 -05- 12033) that would reinstate staggered terms for all
Planning Board members. This proposal was initiated by the Mayor and staff can
not stress enough how important this amendment is to the appointment terms of
Planning Board members. Mr. O'Donniley noted that the Land development Code
currently specifies that the Planning Board members shall serve a term of two
years. It is proposed that this section of the LDC be amended to provide that Board
members be appointed as follows: 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 years.
In addition, Mr. O'Donniley that 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 for the
Planning Board to conduct a public hearing and provide a recommendation to the
City Commission.
At this time, the Board and staff discussed the amendment. Mr. Liddy suggested
changing the attendance rule from 3 absences to 4 consecutive absences. There was
no action on this proposal.
Mr. Morton then opened the Public Hearing.
Speakers:
NAME
David Tucker, Sr
Mr. Tucker felt
members.
ADDRESS SUPPORT /OPPOSE
6556 SW 78 Tern Supported
that this amendment is very important for the Planning Board
Motion: Ms. Yates motioned for approval. Mr. Mann seconded the motion.
Vote: Ayes 5 Nays 0
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COURTESY TIC
CITY OF SOUTH MIAM19 FLORID
On Tuesday, June 7 2005, beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the
following Items:
AN ORDINANCE AUTHORIZING THE PURCHASE OF THE PROPERTY
LOCATED AT 4300 SW 58TH AVENUE CONSISTING OF A RECREATION
CENTER AND ADMINISTRATIVE OFFICE BUILDING, BASKETBALL COURTS,
A RACQUETBALL COURT, SWIMMING POOL, AND APPROXIMATELY 7
ACRES OF OPEN FIELD SPACE, WITH DEPT SERVICE CHARGED TO THE
NON- DEPARTMENTAL DEBT SERVICE — YMCA ACCOUNT CODE
001.2100.519.9927, AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE
PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE
PROPERTY
AWORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY
AND THE YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA
OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW 58TH AVENUE.
AN ORDINANCE At IENDING THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES, BY REVISING CHAPTER 11; (GARBAGE & TRASH), SECTION
11 -21(B) ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION -
DOMESTIC TRwSH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND
YARD CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN AY.
TWENTY-
('FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP D
t AN'ORDINANCE AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE
� IN ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR
t
PLANNING BOARD MEMBERS. J
AN ORDINANCE AMENDINO.THE DEVELOPMENT AGREEMENT ADOPTED AS
PART- OF ORDINANCE NO. 12 -05 -1834 WHICH .APPROVED THE
DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED
USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640
SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE
AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A
SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT
TO THE CITY AND AMENDING THE DATE FOR PAYMENT.
AN ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO. 05 -05 -1827 WHICH APPROVED THE
DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT
KNOWN AS "PROJECT SUNSET" LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40 THRU 45,53 THRU
66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY, THE PURPOSE "OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN
SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE FOR
PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT.
A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE "SR (HO -OV)" SPECIALTY RETAIL HOMETOWN'
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301
SW 57th COURT.
Inquiries concerning this item should be directed to the Planning Department at 305- 663 -6326.
ALL Interested parties are invited to attend and will be heard. Maria M. Menendez
City Clerk
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 with respect to any matter
considered at Its meeting or hearing; he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made
which record Includes the testimony and evidence upon which the appeal is to be based.
PINECREST.
E Pinecrest Garden:
get a new restauran-
area and concert
amphitheater as
proponents push to
upgrade the former
Jungle facility and n
the town center.
BY YUDY PINEIRO
ypineiro @herald.com
The. Pinecrest
Council is looking I
ways to spruce up R
Gardens with hopes of
the former bird parac
the community's focal
The village is asl
Pinecrest Gardens Fot
to .pitch ideas to ma
happen.
The foundation, a 1
15 community leade
formed- last year t
money for the'park. lV.
met for the first tin
weeks ago.
"We talked about
money as : an indel
foundation to assist th
of Pinecrest in any h
ment and changes thI
be. made in order to
the park into more of
munity gathering pla(
Bruce Toland, a fou
member.
Some ideas in
tossed around include
a restaurant, jogging p
nic area and a concei
theater at the 22 -ac
former home to Parro
at 11000 Red Rd. .
"We thought we'd
group in place and get
make recommendat
us," said Mayor Gary r
Matzner, who help
$4 million for the vi
buy the park in 2002,
will work closely in
foundation to raise mP
the projects and park
Matzner recently d
with the park's' entrani
a controversial issue
some residents who
feel they should pay t(
public park.
. Before Matzner c
board in November,
lage built a water pla;
for kids and a butterfl,
in the park.
Also approved but
permits: a two - story, 1
'TURN TO GARDENS, 27