04-06-04 Item 15ou
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CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: April 6, 2004
Commission Members
ITEM NO. /-46%
From: Maria Davis RE: LDC Amendment -ERPB
City Manager Membership Requirement
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATED TO THE ENVIRONMENTAL REVIEW
AND PRESERVATION BOARD (ERPB), AMENDING SECTION 20- 6.1(C)(1)(A)
OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO MODIFY THE
RESIDENCY REQUIREMENTS FOR THE LANDSCAPE ARCHITECT MEMBER
OF THE ERPB; PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
In May of 2002, the City Commission adopted Ordinance No. 8 -03 -1792 which changed the
Environmental Review and Preservation Board by increasing its membership from seven to nine
and mandating that one member of the Board must be a landscape architect. In the interim since
that ordinance went into effect, it has been difficult to fill one of the current vacant positions with
a landscape architect. The primary reason is that the Code further specifies that all ERPB
members must reside or work in the city. It is very important that the ERPB have input from a
professional in the landscape architectural field. This objective could be met if this particular
position did not require residency.
The City Commission at its February 17, 2004 meeting adopted a resolution directing the
Planning Board to initiate the process to amend Section 20-6. 1 (C)(1)(a) of the South Miami Land
Development Code in order to eliminate the residency requirement for the landscape architect
position on the Environmental Review and Preservation Board (ERPB). The Commission further
directed that the amendment: 1) provide that the selection of a landscape architect (non- resident)
member should only come about if a resident can not be appointed; 2) that the person filling the
landscape architect position could not have any work or contract ties to the City. The attached
amendment ordinance contains all of the requested provisions.
(2)
PLANNING BOARD ACTION
The Planning Board at its March 9, 2004 meeting conducted a public hearing and then approved
a motion by a vote of 5 Ayes 0 Nays recommending adoption of the proposed ordinance.
RECOMMENDATION
It is recommended that the attached ordinance be approved on first reading.
Attachments:
Draft ordinance
Excerpt from Planning Board Minutes 3 -9 -04
Public Notices
MD /DOD /SAY 4w
E: \Comm Items \2004 \4- 6- 04\ERPB Membership Amend Report.doe
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in
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB),
AMENDING SECTION 20- 6.1(C)(1)(a) OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE, TO MODIFY THE RESIDENCY
REQUIREMENTS FOR THE LANDSCAPE ARCHITECT MEMBER OF
THE ERPB; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 20- 6.1(C)(1)(a) of the South Miami Land
Development Code specifies the establishment and membership of the
environmental review and preservation board (ERPB); and,
WHEREAS, the membership of the ERPB at this time does not contain
any members from the field of landscape architecture, and
WHEREAS, the current code specifies that all ERPB members must
reside or work in the city; and
WHEREAS, it is difficult in South Miami to fill the professional
landscape architect position with the requirement that all Board members must
live or work in the City; and
WHEREAS, the City Commission deems it advisable that the ERPB
should contain at least one member with landscape architecture experience.; and
WHEREAS, the Planning Board at its March 9, 2004 meeting, after a
public hearing adopted a motion by the vote of 5 Ayes 0 Nays recommending
approval of the proposed amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -6.1 entitled "Environmental Review and
Preservation Board," of the City's Land Development Code, is hereby amended
to read as follows:
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(2)
Section 20 -6.1
(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. The mayor, with the advice and consent of the city
commission, shall appoint the members of the board.
ii. Board membership shall include at least one (1) registered
landscape architect,_an two (2), bu4 no more than f tw (4),
afeiteets licensed to practice in the State of Florida. If it is
determined by the City Commission that the position of
landscape architect can not 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 The individuals occupying the architect and landscape
architect positions may not work for the City or be
employed by any company that has contracts with the
City.
iv Members shall serve for a term of two (2) years.
Section 2 All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
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(3)
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
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2004.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
E: \Comm Items \2004 \4- 6- 04\ERPB membership Adjustment Resolution.doe
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, March 9, 2004
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:411 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, Mr. Liddy, Ms. Yates, Ms.
Gibson, and Mr. Mann.
Board members absent: 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. Administrative Matters
Mr. Youkilis introduced to the Board members the new Planning and Zoning Director Don
O'Donniley. Mr. Youkilis advised that Gary Illas had been automatically removed from
the Board due to fact he missed three consecutive meetings.
IV. Planning Board Application / Public Hearings
PB -04 -001
Applicant: City of South Miami.
Request: A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
Planning Board Meeting
March 9, 2004
Page 2 of 5
RELATED TO THE ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD (ERPB), AMENDING SECTION 20-6. 1 (C)(1)(A) OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE, TO MODIFY THE RESIDENCY
REQUIREMENT FOR THE LANDSCAPE ARCHITECT MEMBER OF THE
ERPB; PROVIDING FOR AN EFFECTIVE DATE.
Action: Mr. Morton read the item into record and Mr. Youkilis presented the staff report.
He explained that in May of 2002, the City Commission adopted Ordinance No. 8 -03 -1792
which changed the Environmental Review and Preservation Board by increasing its
membership from seven to nine and mandating that one member of the Board must be a
landscape architect. It has been difficult to fill the landscape architect position because the
Code specifies that all ERPB members must reside or work in the city.
The City Commission at its February 17, 2004 meeting adopted a resolution directing the
Planning Board to initiate the process to amend Section 20-6. 1 (C)(1)(a) of the South
Miami Land Development Code in order to eliminate the residency requirement for the
landscape architect position on the Environmental Review and Preservation Board
(ERPB). The Commission further directed that the amendment: 1) provide that the
selection of . a landscape architect (non- resident) member should only come about if a
non- resident can not be appointed; 2) that the person filing the landscape architect position
could not have any work or contract ties to the city..
At this point, Mr. Morton opened the public hearing.
Speakers: NAME ADDRESS
David Tucker, Sr 6556 SW 78 Terr.
Mr. Liddy inquired if there had been landscape architects that wished to serve on the Board
but could not because of the reason they did not reside or work in the city. Mr. Youkilis
responded that in the past the Mayor had appointed a landscape architect that lived in the
Snapper Creek annexation area but due to the annexation not being approved, he had to be
removed from the Board. Ms. Gibson asked if an experienced landscaper with familiarity
with trees could fill the position. Mr. Youkilis replied that the Code has always required
that the landscape architect be licensed to practice in the State of Florida. Mr. Morton
stated that an experienced landscaper or arborist could fill one of the other vacant Board
positions..
Motion: Ms. Yates moved to approve the draft ordinance. Mr. Mann seconded the
motion. The motion was approved by the following vote:
Vote: Ayes 5 Nays 0
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