04-20-04 Item 16CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: April 20, 2004
Commission Members
ITEM NO.
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 2Q ®,Q
E: \Comm Items \2004 \4- 20 -04 \E Membership Amend Report.doe
1
2 ORDINANCE NO.
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE
7 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB),
8 AMENDING SECTION 20- 6.1(C)(1)(a) OF THE SOUTH MIAMI LAND
9 DEVELOPMENT CODE, TO MODIFY THE RESIDENCY
10 REQUIREMENTS FOR THE LANDSCAPE ARCHITECT MEMBER OF
11 THE ERPB; PROVIDING FOR SEVERABILITY; PROVIDING FOR
12 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15
16 WHEREAS, Section 20- 6.1(C)(1)(a) of the South Miami Land
17 Development Code specifies the establishment and membership of the
18 environmental review and preservation board (ERPB); and,
19
20 WHEREAS, the membership of the ERPB at this time does not contain
21 any members from the field of landscape architecture, and
22
23 WHEREAS, the current code specifies that all ERPB members must
24 reside or work in the city; and
25
26 WHEREAS, it is difficult in South Miami to fill the professional
27 landscape architect position with the requirement that all Board members must
28 live or work in the City; and
29
30 WHEREAS, the City Commission deems it advisable that the ERPB
31 should contain at least one member with landscape architecture experience.; and
32
33 WHEREAS, the Planning Board at its March 9, 2004 meeting, after a
34 public hearing adopted a motion by the vote of 5 Ayes 0 Nays recommending
35 approval of the proposed amendment.
36
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
40
41 Section 1. That Section 20 -6.1 entitled "Environmental Review and
42 Preservation Board," of the City's Land Development Code, is hereby amended
43 to read as follows:
44
45
46
1
2
3 (2)
4
5 Section 20 -6.1
6
7
8
9 (C) Environmental Review and Preservation Board.
10
11 (1) Establishment and Membership.
12
13 (a) An environmental review and preservation board is hereby created
14 which shall consist of nine (9) members who reside or work in the
15 city, except as provided in ii below.
16
17 i. The mayor, with the advice and consent of the city
18 commission, shall appoint the members of the board.
19
20 ii. Board membership shall include at least one (1) registered
21 landscape architect, an two (2), b„+ no more than Pouf ins'
22 arts licensed to practice in the State of Florida. If it is
23 determined by the City Commission that the position of
24 landscape architect cannot be filled by a qualified
25 individual who resides or works in the City, the
26 residency requirement may be waived by the
27 Commission and the position of landscape architect
28 may be filled by a qualified individual who does not
29 reside or work in the City.
30
31 iii Board membership shall include two (2), but no more
32 than four (4), architects licensed to practice in the State
33 of Florida.
34
35 iv Members of the environmental review and preservation
36 board may not work for the City or be employed by
37 any company that has contracts with the City.
38
39 iv Members shall serve for a term of two (2) years.
40
41
42 Section 2 All ordinances or parts of ordinances in conflict with the provisions of
43 this ordinance are hereby repealed.
44
45 \
46 (3)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
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.doc
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 7:41 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
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Hoiidays) newspapea, published at Mianni in IvIliamil -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARINGS 4/20/04
in the XXXX Court,
was published in said newspaper in the issues of
04/09/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount ate, comaission or refund for the purpose
of securin is ad Isemen for publication in the said
Sworn to and s&Mribed before me th
09 day of APJ41L
(SEAL)
O.V. FERBEYRE personally known to me
7 LiFFiCIAL a 1OT." RY SEAT.
JAi�FTT I Lls`td,4
rNOTARY UBLIC SLkFE Oh FLORIDA
C OIAISSION P3O. CC 912958
1Y CO'v t IISION E'iLR Ja. We 23, 2004
Reading. of the, following described ordinance(s); and to consider the
following resolution(s): ;
AN ORDINANCE OFTHE MAYOR"AND CITY COMMISSION
OF THE CITY OF SOUTH sMIAMI, 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 'ERPS PROVID-
ING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY' COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO L SECTION 20- 5.8(E) OF THE ' LAND
nFVFI OPMENT CODE TO `CONSIDER A SPECIAL USE
HrAYI'LIUA 11UN, 1 V ALLVyY rur1 '1 no i vai m+ "m i iw" yr
A STEALTH ROOFTOP CELLULAR ANTENNA TOWER ON.
THE PROPERTY LOCATED AT 6781 SUNSET' DRIVE"WITHIN-
THE "Pl" PUBLIC/INSTITUTIONAL ZONING DISTRICT;
'PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR -AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 2010.8 OF THE LAND DEVELOP
MENTCODE FOR A SPECIAL USE "APPROVAL TO INSTALL
A STEALTH 'ROOFTOP CELLULAR ANTENNA ON THE
PROPERTY LOCATED AT 6781 SUNSET DRIVE;; WITHIN
THE ° "PI" ' PUBLIC ` <INSTITUTIONAL ZONINGiUSE DISTRICT
PROVIDING FOR AN EFFECTIVE DATE.
Said'oedinance and resolutions -pan be inspected in the City Clerk's;
Office, Monday -Friday during regular office hours.
Inquiries concerning this item should be directed to the Planning',
Department at: 663 -6326.
ALL interested parties are invited to attend andwill be heard.
Maria M. Menendez`
City Clerk
City of South Miami
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.:
4/9 04- 3- 94/448582M