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06-01-04 Item 14o s o U r� South Miami All- Amedca Cllr • INCORPO RATED 1927 ZpRV90 2001 To: Honorable Mayor, Vice Mayor & Date: June 1, 2004 Commission Members ITEM No From: Maria Davis 1 Re: LDC Amen meat 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; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND 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 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 Amendmentl 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. When the day set fef any r-ego4ff-- agendas items sball he he-Ara Waf meeting da All regular meetings shall beheld at City Hall. (e) The Chairperson or the Planning Director shall have the authority to call a special meeting due to circumstances which prevent a regularly scheduled meeting from being held and provided that notice of the meetins is given to the membership and posted at City Hall not less than three (3) 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 (Comendeiro) 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 \6- 1 -04 \LDC amend Plan Bd Report.doc 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- 6.1(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 1. 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 (2) 4 5 Section 20 -6.1 6 8 9 (B) Planning Board. 10 11 (2) Organization. 12 13 (a) The board organization, procedures, meeting notice and meeting conduct shall 14 be in accordance with bylaws adopted by the board. 15 16 (b) The board shall elect from its membership a chairman and vice- chairman for 17 one (1) year non- successive terms. 18 19 (i) The chairman shall normally preside at all meetings of the 20 board. 21 (ii) In the absence of the chairman, the vice- chairman shall preside. 22 23 (c) A temporary chairman may be elected at any meeting when both the chairman 24 and vice- chairman are absent. 25 26 (d) The Planning Board shall hold regular meetings at 7:30 p.m., on the second 27 and last Tuesday of each month with the exception of the months of June and 28 July. The Planning Board shall hold one (1) regular meeting at 7:30 p.m. on 29 the seemtd= third Tuesday of June and second Tuesday of July. Meetings 30 need not be held if there are no scheduled agenda items. 'Wh-eff the day 31 , 32 33 , All regular meetings shall be held at City Fall. 34 35 (e) The Chairperson or the Planning and Zoning Director shall have the 36 authority to call a special meeting due to circumstances which prevent a 37 regularly scheduled meeting from being held and provided that notice of the 38 meeting is given to the membership and posted at City' Hall not less than 39 three (3) working days prior to the meeting date. 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 I 2 (3) 3 4 5 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 6 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 7 shall not affect the validity of the remaining portions of this ordinance. 8 9 Section 4. This ordinance shall be effective immediately after the adoption 10 hereof. 11 12 13 PASSED AND ADOPTED this day of , 2004. 14 15 16 ATTEST: APPROVED: 17 18 - 19 20 CITY CLERK MAYOR 21 22 23 24 COMMISSION VOTE 25 READ AND APPROVED AS TO FORM: Mayor Russell: 26 Vice Mayor Palmer: 27 Commissioner Wiscombe: 28 Commissioner Birts - Cooper: 29 Commissioner Sherar: 30 I CITY ATTORNFY ORDINANCE NO. 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. WHEREAS, Section 20- 6.1(B)(2) of the South Miami Land Development Code specifies the organizational procedures for the Planning Board; and, WHEREAS, this section provides a schedule setting forth the regular monthly meeting dates for the Planning Board; and WHEREAS, there are no provisions for calling a special meeting in the event circumstances prevent a regularly scheduled meeting from being held; and WHEREAS, 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; and WHEREAS, the City's Zoning Task Force in 2002, as part of its proposed revisions to the Land Development Code, recommended a new provision which would allow for special meetings of the Planning Board; and WHEREAS, the Planning Board at its April 13, 2004 meeting, after a public hearing adopted a motion by the vote of 4 ayes and 1 nay recommending approval of a proposed amendment to Section 20- 6.1(B)(2) of the Land Development Code. 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(B)(2) entitled "Planning Board Organization" of the City's Land Development Code, is hereby amended to read as follows: (2) Section 20 -6.1 (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. (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. 7 9 All regular meetings shall be held at City Hall_ (e) The Chairperson or the Planning and Zoning Director shall have the authority to call a special meeting due to circumstances which prevent a regularly scheduled meeting from being held and provided that notice of the meeting is given to the membership and posted at City Hall not less than three (3) working days prior to the meeting date. Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. (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 — day of , 2004. ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE READ AND APPROVED AS TO FORM: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: 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 EAComm 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, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI MEETING JUNE 1, 2004 ORD. PLANNING BOARD, AMENDING SECTION 20- 6.1(8)(2) ETC. in the XXXX Court, was published in said newspaper in the issues of 05/21/2004 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, rebate, commission or refund for the purpose 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, pubiished'at,.Mlami in lviiatni -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 any discount, rebate, comml on or refund for the purpose of securing t�dverti ent r publication in the said Sworn to and subsc ' ed before me 07 day of MAY// A.q (SEAL) O.V. FERBEYRE per t me JANEiT LLERENA MY COMMISSION P DD 307105 y= EXPIRES; June 23, 2008 PP, _ BOOM ThrU Wary Public Underwriters