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06-14-05 Item 12South Miami To: Honorable Vice Mayor and Commission Members From: Mary Scott Russell Mayor ° Date: June 14, 2005 ITEM No. 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 Amendmentl June 14, 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 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 Planning Bd Public Notices MD /DOD /SA E: \Comm $ems\2005\ B =05 -012 Plan Bd Terms Report.doc 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 1 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. l(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. 1 2 (b) The board shall be comprised of seven (7) members who reside in the city. 4, 5 6 i Members of the board shall be appointed by the mayor, 7 with the advice and consent of the city commission. 9 ii. Planning board members shall 10 yeafs be appointed as follows: four (4) Planning Board 11 members shall be appointed for a term of one year and 12 three (3) members shall be appointed for a term of two 13 years, and all successor members shall be appointed for two 14 year terms. 15 16 iii. Vacancies shall be filled for the remainder of any unexpired 17 terms. 18 8 1 iv. Any member of the board shall automatically be removed 2 0 for missing three' (3) regular meetings in a row or five (5) 21 meetings in a twelve (12) month period. 22 23 V. The director of building and zoning shall keep a record of 2 4 meetings missed and advise the city commission and the 25 member being removed that such member has been 26 automatically removed. 27 28 29 Section 2 All ordinances or parts of ordinances in conflict with the provisions of 30 this ordinance are hereby repealed. 31 32 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 33 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 34 shall not affect the validity of the remaining portions of this ordinance. 35 36 Section 4. This ordinance shall be effective immediately after the adoption 37 hereof. 38 39 40 PASSED AND ADOPTED this _ day of , 2005 41 42 43 ATTEST: APPROVED: 44 45 46 CITY CLERK MAYOR 1 2 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 3 Mayor Russell: 4 ' Vice Mayor Palmer: 5 Commissioner Wiscombe: 6 Commissioner Birts- Cooper: 7 Commissioner Sherar: 8 9 CITY ATTORNEY 10 11 12 13 14 15 (New wording underlined; wording to be removed indicated by strikethrough) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3-0 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 E\Comm Items \2005 \6- 7- 05\PB -05 -012 Plan Board .Terms Ord.doc FSOUr � 7NCORPORATEO ' � L O Rtq 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 (11)(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 ADDRESS SUPPORT /OPPOSE David Tucker, Sr. 6556 SW 78 Tern Supported Mr. Tucker felt that this amendment is very important for the Planning Board members. Motion: Ms. Yates motioned for approval. Mr. Mann seconded the motion. Vote: Ayes 5 " Nays 0 RES OLUTION 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 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 -a ay of ,` 2005. Pg. 2 of Res. No. 54 -05 -12033 ATTEST; APPROVED: � UW C LERK 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 ,A-- TORNEY Commissioner Sherar Yea EAComm Items\20051419- 05TIanning Board Membership Reso.doc f 0 o o y o ow mwa 0= w m1 n m m'. 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Hubbard Dianetics Center W-M 120 Giralda Ave, Coral Gables, FI 33134 305 °445-7892 02005 CSF. All Rights Reserved. Dianetics is a trademark and service mark owned by Religious Technology Center and is used -with its permission. ,`i, t,9�a11 avaro IBEROSTAR II y j ` NOIFLS 8 0.[500.te 6791 o - Q CHILDREN FREE* C�IfL® FREE" W I III 'I I �• • 1, ®;I ® _ �11'iQl � ARM ts Hotel. all Meals Drirnits o u COURTESY NOTICE _ s CITY OF SOUTH MIAMI, FLORIDA Carlsa Y Palma ®' ' 3 1 ' . I On Tuesday, June 14 2005, beginning at 7:30 Y g• g p.m., in the City Commission ®CGBr1ViOw Room ;el VV _ ® WD Chambers, 6130 Sunset Drive, the City Commission will hold Public m Hearings to consider the following items: Air from Miami ®re Arnaricaue 3 i Lets Hotel t7 AN ORDINANCE RELATED TO THE PLANNING BOARD BY AMENDING SECTION 20- PROVIBRE1IObn NTMENT TERMS PLANNING CODE O STAGGEREDAPPO FOR MEMBERS. AN ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834 WHICH APPROVED THE DEVELOPMENT I �IpCIi�O ere �uprl�ess �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 OP THE AMENDMENT TS TO AUTHORIZE THE Alr ffr ®inn Miami czn fsesa�ri�ave 3 P41gnats Hm-tsa, ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE ® CONCURRENCY PAYMENT TO THE CITY AND AMENDING THE DATE FOR PAYMENT. e 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 ® / i DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE o a 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. G0B1 ®ggg $i8Val ®BI8 ®C: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR CONTRACT WITH VERIZON WIRELESS AS THE POLICE DEPARTMENTS WIRELESS DATA SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $19,521 DURING THE TERM OF THE CONTRACT. AN ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND nsnroeltiavitaaen�V ePECIAt OFFERI nnnnpp,,�� ® ccaa �qaeeee ccnn ® TO RENTYOLLft �, itl1lO T ®LIPS ®FF�RN YV0.d Tn� ®ta�T PRICEStI SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF CAR WRN AVIS IN PuNTA CANA REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT fR , SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD. e A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AN ACCEPT, IF AWARDED, MONEY FROM THE UNITED STATES DEPARTMENT OF JUSTICE, JUSTICE ASSISTANCE GRANT IJAG) FY 2005/07, IN THE AMOUNT OF $12,029.00 FOR THE PURPOSE OF ENHANCI G HE CRIME SUPPRESSION TEAM FOR THE POLICE DEPARTMENT. ® 6 A RESOLUTION IN RESPONSE TO PETITION OF ABUTTING PROPERTY OWNERS 6 APPROVING THE VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT -OF- WAY PORTION OF SW 60 AVENUE LOCATED BETWEEN SW 79 STREET AND SW 80 STREET MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH BELOW: SUBJECT TO PROPERTY OWNERS PROVIDING AND THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT. ® / A RESOLUTION APPROVING THE VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY PORTION OF SW 50 STREET LOCATED BETWEEN SW ° a 63 D AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF SOUTH MIAMI; SAID ® a g 0 VACATION SUBJECT TO THE CONTINUANCE OF THE EXISTING UTILITY EASEMENT TO ® ® BE MAINTAINED BY PROPERTY OWNERS; SUBJECT TO PROPERTY OWNERS PROVIDING LEGAL DESCRIPTION AND THE RECORDING OF ALL LEGAL DOCUMENTS e NECESSARY FOR THE ABANDONMENT. A RESOLUTION' RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -3.5G a •1 y e ® B Not OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 9,927 SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT o SIZE OF 10,000 SQUARE FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOT e 1 9 m FRONTAGE IS REQUIRED ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW 61 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE -MO- MEDIUM-INTENSITY OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A FOUR STORY MIXED USE BUILDING. r 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 e a • , �? ,p City Clark f Pursuant to Florida Statutes a by this Board City hereby advises the public that if a person degides to appeal any decision made this Board Agency or Commission with respects, any matter l r e p ar considered at its meeting or hearing, he or she will need a record imthe record of the r and that for such purpose, affected person may need to ensure that a verbatim record proceedings is made which record includes the testimony and evidence upon which the appeal Is to be based appeal *Al pTices are per person Subject to change and availability. Depattures from Miami of R Lauderdale. Departure taxes, SepE lSecuriryfeaandservicefeesfromNto$ 188notincludedinprice. Theseofferscannotbecombinedwith any other specials or discount, Limbed Space. Not responsible for errors or omissions in theaoldent of this ad.