05-18-04 Item 14Luu1
To: Honorable Mayor, Vice Mayor & Date: May 18, 2004
Commission Members
Or ITEM No.
From: Maria Davis Re: LDC Am ndment
City Manager Planning Board Meeting
Schedule
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATED TO THE PLANNING BOARD, AMENDING SECTION 20-
6.1(B)(2) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, IN ORDER TO
ALLOW SPECIAL MEETINGS OF THE BOARD TO BE CALLED WHEN
CIRCUMSTANCES PREVENT A REGULARLY SCHEDULED MEETING FROM BEING
HELD; PROVIDING FOR SEVERABILITY; PROVIDINGa FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
Section 20- 6.1(13)(2) of the South Miami Land Development Code specifies the organizational
procedures for the Planning Board and includes a schedule setting forth the regular monthly
meeting dates for the Planning Board. There are no provisions for calling a special meeting in
the event circumstances prevent a regularly scheduled meeting from being held. In recent
months the Board has had several meetings cancelled due to quorum problems, holidays, and
conflict with meetings of the City Commission. A delay in recommendations from the Planning
Board can be harmful to the ongoing development of the City and is unfair to citizens whose
applications for development permits require Planning Board consideration.
PROPOSED AMENDMENT
It is important to note that the City's Zoning Task Force in 2002, as part of its updating of the
Land Development Code, recognized this problem and recommended a specific provision which
would allow for special meetings of the Planning Board. The Board at its October 14, 2003
meeting reviewed and accepted the specific provision as part of the new Chapter III
Administration. The specific amendment is as follows:
(B) Planning Board.
(2) Organization.
(a) The board organization, procedures, meeting notice and meeting conduct shall be in accordance with
bylaws adopted by the board.
(b) The board shall elect from its membership a chairman and vice- chairman for one (1) year non-
successive terms.
LDC Amendmentd
May 18, 2004
Page 2 of 2
(i) The chairman shall normally preside at all meetings of the board.
(ii) In the absence of the chairman, the vice - chairman shall preside.
(c) A temporary chairman may be elected at any meeting when both the chairman
and vice- chairman are absent.
(d) The Planning Board shall hold regular meetings at 7:30 p.m., on the second and last Tuesday of each
month with the exception of the months of June and July. The Planning Board shall hold one (1)
regular meeting at 7:30 p.m. on the third Tuesday of June and second Tuesday of July.
Meetings need not be held if there are no scheduled agenda items. Whon the d" set for- r-eg#4w
9
All regular meetings shall be held at
City Hall. ,
(e) The Chairperson or the Planning Director shall have the authority to call a special meeting due
to circumstances which prevents a regularly scheduled meeting from being held and provided that
notice of the meeting is given to the membership and posted at City Ball not less than three Q
working days prior to the meeting date
The above amendment incorporates a recent policy decision made by the Planning Board related
to having at least one meeting in June.
PLANNING BOARD ACTION
The Planning Board at its April 13, 2004 meeting approved a motion by a vote of 4 ayes and 1 nay,
recommending adoption of the proposed amendment..
RECOMMENDATION
It is recommended that the proposed amendment be approved on first reading
Attachments:
Proposed ordinance
Planning Board Minutes Excerpt 4 -13 -04
Public Notices
MD/DOD /SAY
E: \Comm Items\2004 \5- 18- 04 \LDC amend Plan Bd 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 PLANNING
7 BOARD, AMENDING SECTION 20- 6o1(B)(2) OF THE SOUTH MIAMI
8 LAND DEVELOPMENT CODE, IN ORDER TO ALLOW SPECIAL
9 MEETINGS OF THE BOARD TO BE CALLED WHEN
10 CIRCUMSTANCES PREVENT A REGULARLY SCHEDULED
11 MEETING FROM BEING` HELD; PROVIDING FOR SEVERABILITY;
12 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15
16
17 WHEREAS, Section 20- 6.1(B)(2) of the South Miami Land Development
18 Code specifies the organizational procedures for the Planning Board; and,
19
20 WHEREAS, this section provides a schedule setting forth the regular
21 monthly meeting dates for the Planning Board; and
22
23 WHEREAS, there are no provisions for calling a special meeting in the
24 event circumstances prevent a regularly scheduled meeting from being held; and
25
26 WHEREAS, a delay in recommendations from the Planning Board can be
27 harmful to the ongoing development of the City and is unfair to citizens whose
28 applications for development permits require Planning Board consideration; and
29
30 WHEREAS, the City's Zoning Task Force in 2002, as part of its proposed
31 revisions to the Land Development Code, recommended a new provision which would
32 allow for special meetings of the Planning Board; and
33
34 WHEREAS, the Planning Board at its April 13, 2004 meeting, after a
35 public hearing adopted a motion by the vote of 4 ayes and 1 nay recommending
36 approval of a proposed amendment to Section 20- 6.1(B)(2) of the Land Development
37 Code.
38
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
42
43 Section L That Section 20- 6.1(B)(2) entitled "Planning Board - Organization"
44 of the City's Land Development Code, is hereby amended to read as follows:
45
46
1_
2
3
4 (2)
5
6 Section 20 -6.1
7'
8
9
10 (B) Planning Board.
11
12 (2) Organization.
13
14 (a) The board organization, procedures, meeting notice and meeting conduct shall
15 be in accordance with bylaws adopted by the board.
16
17 (b) The board shall elect from its membership a chairman and vice - chairman for
18 one (1) year non- successive terms,
19
20 (i) The chairman shall normally preside at all meetings of the
21 board.
22 (ii) In the absence of the chairman, the vice - chairman shall preside.
23
24 (c) A temporary chairman may be elected at any meeting when both the chairman
25 and vice - chairman are absent.
26
27 (d) The Planning Board shall hold regular meetings at 7:30 p.m., on the second
28 and last Tuesday of each month with the exception of the months of June and
29 July. The Planning Board shall hold one (1) regular meeting at 7:30 p.m. on
30 the R000wi= third Tuesday of June and second Tuesday off July. Meetings
31 need not be held if there are no scheduled agenda items.
32
33
34 All regular meetings shall be held at City Hall.
35
36 (e) The Chairperson or the Planning and Zoning Director shall have the
37 authority to call a special meeting due to circumstances which prevents a
38 regularly scheduled meeting from being held and provided that notice of the
39 meeting is given to the membership and posted at City Hall not less than
40 three (3) working days prior to the meeting date
41
42
43 Section 2 All ordinances or parts of ordinances in conflict with the provisions of
44 this ordinance are hereby repealed.
45
46
El
1 (3)
2
3
4 Section 3. If anysection, clause, sentence, or phrase of this ordinance is for any
5 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
6 shall not affect the validity of the remaining portions of this ordinance.
7
8 Section 40 This ordinance shall be effective immediately after the adoption
9 hereof.
10
11
12 PASSED AND ADOPTED this day of ; 2004.
13
14
15 ATTEST: APPROVED:
16
17
18
19 CITY CLEF MAYOR
20
21
22
23 COMMISSION VOTE
24 READ AND APPROVED AS TO FORM: Mayor Russell:
25 Vice Mayor Palmer:
26 Commissioner Wiscombe:
27 Commissioner Eirts- Cooper:
28 Commissioner Sherar:
29
30 CITY ATTORNEY
31
32
33
34
35
36
37
38
39
40
41
42 E: \Comm Items \2004 \5- 18- 04\LDC Amend Plan Board Meeting Ord.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, April 13, 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 7:35 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. Mann, and Mr.
Comendeiro and Mr. Illas.
Board members absent: Ms. Gibson and Mr. Liddy.
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis ( Planning
Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board
Secretary).
IV. Planning Board Application / Public Hearings
PB -04 -004
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,
AMENDING SECTION 20- 6.1(B)(2) OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE, IN ORDER TO ALLOW SPECIAL MEETINGS OF
THE BOARD TO BE CALLED WHEN CIRCUMSTANCES PREVENT A
REGULARLY SCHEDULED MEETING FROM BEING HELD; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
April 13, 2004
Action: Ms. Illas read the item into the record. Mr. Youkilis presented the staff report.
He explained that the Section 20 -6.1 (B) (2) of the South Miami Land Development Code
specifies the organizational procedures for the Planning Board and includes a schedule
setting forth the regular monthly meeting dates for the Planning Board. There are no
provisions for calling _a special meeting in the event circumstances prevent a regularly
scheduled meeting from being held. In recent months the Board has had several meetings
cancelled due to quorum problem, holidays, and conflict with meetings of the City
Commission. A delay in recommendations from the Planning Board can be harmful to the
ongoing development of the City and is unfair to the citizens whose applications for
development permits require Planning Board consideration.
The Board members discussed the time and place for special meetings. Some Board
members suggested having the option of holding special meetings as early as 6:30pm.
Other Board members thought that might create confusion and advised to leave it at the
usual time of 7.30pm. Board members discussed if there would be sufficient time for
notices to be mailed out for special meetings. That issue would' be looked into by staff.
Finally, the Board inquired about whom would incur the fee for the mail -outs for a special
meeting. The staff responded that it would look into the fee schedule and see what is fair
for the applicant to pay. It was suggested that the word "circumstances used in the
ordinance be more fully explained.
Speakers: Cathy McCann 5820 SW 87 Street
Motion: Ms. Yates moved to approve the proposed amendment as drafted by staff. Mr.
Illas seconded the motion.
Vote: Ayes 4 Nays 1 (Mr. Commedeiro)
MUDOUSAY
E: \Comm Items \2004 \5 -18 -04 \Excerpt PB Mins 4- 13 -04- Meeting Dates.doc
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 Holidays) newspaper, `pdbiished'at ivliami in Mianni -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 - MAY 18, 2004
ORDINANCE RELATED TO THE PLANNING BOARD, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/07/2004
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