LTC 003-2018 City Land Use Boards - Existing VacanciesOFFICE OF THE CITY MANAGER
NO. LTC# 003-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager�--
DATE: January 2, 2018
SUBJECT: City Land Use Boards — Existing Vacancies
The City has a number of vacancies and/or term expirations on the Board of Adjustment (BOA),
Planning Board (PB), Historic Preservation Board (HPB), and Design Review Board (DRB). The
following is a summary of the vacant membership categories for each of these boards:
BOARD OF ADJUSTMENT
Pursuant to Chapter 118 of the City Code, the Board of Adjustment The board of adjustment
shall have the following powers and duties:
(1) To hear and decide appeals pursuant to the procedural requirements of Section 118-9.
(2) To authorize, upon application, such variance from the terms of these land development
regulations where authorized by section 118-351(a), pursuant to the requirements of
chapter 118, article Vlll, of the land development regulations, as will not be contrary to
the public interest when, owing to special conditions, a literal enforcement of a provision
of these land development regulations would result in unnecessary and undue hardship.
Five affirmative votes shall be necessary to approve any variance request.
(3) The board of adjustment shall serve as the city's floodplain management board in
reviewing applications for properties within its jurisdiction and shall have the authority to
exercise all powers and perform all duties assigned to such board pursuant to section 54-
31 et seq. and Resolution No. 93-20698, and in accordance with the procedures set forth
therein as such ordinance and resolution may be amended from time to time. For the
purposes of determining jurisdiction, the criteria in section 118-351(a) shall be utilized.
In accordance with Chapter 118 of the City Code, all members of the Board of Adjustment must
be either residents of, or have their principal place of business in the City. Additionally, each
member of the board must be appointed by a 5/7th vote of the City Commission. The Board of
Adjustment is composed of two (2) citizens at -large and five (5) members appointed from the
following categories (no more than one per category):
a, Law
b. Architecture
c. Engineering
d. Real Estate Development
e. Certified Public Accounting
f. Financial Consultation
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g. General Business
The following are the current vacancies on the Board of Adjustment:
1. Financial Consultation.
This position is currently held by Mr. Barton Goldberg, whose term expired on December 31,
2017. Mr. Goldberg, who was originally appointed in 2014, is eligible to be re -appointed.
2. General Business.
This position is currently held by Mr. Daniel Nagler, whose term expired on December 31, 2017.
Mr. Nagler, who was originally appointed in 2016, is eligible to be re -appointed.
3. Architecture or Engineering.
This position is currently held by Ms. Heidi Tandy, whose term expired on December 31, 2017.
Ms. Tandy, who was originally appointed in 2014, is eligible to be re -appointed.
4. Certified Public Accountant.
This position is currently held by Mr. James Orlowsky, whose term expired on December 31,
2017. Mr. Orlowsky, who was originally appointed in 2016, is eligible to be re -appointed.
PLANNING BOARD
Pursuant to Chapter 118 of the City Code, the Planning Board shall have the following powers
and duties:
(1) To acquire, compile and collate all available data, materials, statistics, maps,
photographs, reports and studies necessary to obtain an understanding of past conditions
and present trends, which affect the city and the economic and general welfare of its
residents. The board shall evaluate data and determine the past, present and future
trends as they relate to population, property values, economic bases, land use, and to
evolve the principles and policies required to guide the direction and type of future
development and expansion of the city.
(2) To conduct such public hearings as may be helpful in gathering information and data
necessary for the presentation of suitable and appropriate plans for the comprehensive
and systematic development of the city and to transmit the same for consideration by the
city commission.
(3) To make, cause to be made, or obtain special studies on the location, condition and
adequacy of specific facilities of the city. These may include, but are not limited to,
studies on single and multiple -family housing, including hotels, apartment buildings,
cooperatives and condominiums, commercial and industrial conditions and facilities,
beaches, parks, playgrounds and other recreational facilities, public buildings, public and
private utilities, traffic, transportation and parking. The board shall be authorized to study
and consider any and all studies made and published by the federal, state and county
governments.
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(4) To make appropriate studies of the location and extent of present and anticipated use
of land, population, social and economic resources and problems, and to submit such
data, with the recommendations of such board, to the city commission.
(5) To consider and to act upon any and all matters referred to it by the city commission
or by the provisions of any city ordinance pertaining to land use and to submit its findings
and recommendations on such matters to the city commission.
(6) In granting a request, the board may prescribe appropriate conditions and safeguards
which are consistent and supportive of the city's comprehensive plan, neighborhood plan
or capital improvement plan. Violation of such conditions and safeguards shall be
deemed a violation of these land development regulations.
(7) To carry out its responsibilities as the local planning agency pursuant to the state and
the Local Government Comprehensive Planning and Land Development Regulations Act
(F. S. ch. 163).
(8) To insure a high degree of aesthetics and promote quality in construction and design
of buildings and structures so as to enhance the value of property and the physical
environment of the city.
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land development regulations, change of zoning district boundaries and comprehensive
plan amendments and future land use map changes.
(10) To promote reduced crime and fear of crime through the use of crime prevention
through environmental design guidelines and strategies.
(11) To review the sale, exchange, conveyance or lease of ten years or longer of certain
city -owned property, as provided in City Charter, subsection 1.03(b)3, entitled,
"Alienability of property," which requires approval by a majority (four -sevenths) vote of all
members of the planning board.
In accordance with Chapter 118 of the City Code, no person except a resident of the City, who
has resided in the City for at least one year, shall be eligible for appointment to the Planning
Board. The city commission may waive this residency requirement by a 517th vote in the event a
person not meeting these requirements is available to serve on the board and is exceptionally
qualified by training and/or experience.
The following are the current vacancies on the Historic Preservation Board:
1. Citizen -At -Large or person engaged in General Business in the City.
One of these positions was previously held by Mr. Randolph Gumenick, whose term expired on
December 31, 2017. Mr. Gumenick, who was originally appointed in 2014, has resigned from
the Board and is not seeking to be re -appointed.
2. Citizen -At -Large or person engaged in General Business in the City.
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One of these positions is currently held by Brian Elias, whose term expired on December 31,
2017. Mr. Elias, who was originally appointed in 2014, is eligible for re -appointment.
3. A Land Developer.
This position is currently held by Mr. Jeffrey Feldman, whose term expired on December 31,
2017. Mr. Feldman, who was originally appointed in 2014, is eligible for re -appointment.
4. An attorney who has considerable experience in land use and zoning issues.
This position is currently held by Mr. Mark Meland, whose term expired on December 31, 2017.
Mr. Meland, who was originally appointed in 2016, is eligible for re -appointment.
HISTORIC PRESERVATION BOARD
Pursuant to Chapter 118 of the City Code, the Historic Preservation
following powers and duties:
(1) Recommend to the planning board, and city commission, the
buildings, structures, improvements, landscape features, public
sites or districts.
Board shall have the
designation of historic
interiors, and historic
(2) Prepare and recommend for adoption specific guidelines for each designated site or
alteration or development within designated historic sites or historic districts.
(3) Issue or deny certificates of appropriateness, certificates to dig and certificates of
appropriateness for demolition in accordance with procedures specified in this division,
excluding certificates of appropriateness for demolition for city -owned buildings and other
improvements as hereinafter specified on city -owned property and public rights-of-way,
and property owned by the Miami Beach Redevelopment Agency, for which properties
the historic preservation board shall serve as advisor to the city commission. This
authority shall include review and approval of design and location within public rights-of-
way inside of locally designated historic districts of all wireless communications facilities
as defined in chapter 104, "telecommunication," article 1, "communications rights-of-way"
under the standards provided therein, at subsection [118-J104(6)(t).
(4) Recommend restoration of property to its prior condition as required by section 118-
533 when the property has been altered in violation of this division.
(5) To authorize, upon application, such variance from the terms of these land
development regulations, where authorized by section 118-351(a), pursuant to the
requirements in chapter 118, article Vlll, of the land development regulations, as will not
be contrary to the public interest when, owning to special conditions, a literal enforcement
of a provision of these land development regulations would result in an unnecessary and
undue hardship.
(6) Facilitate the redevelopment of historic sites and districts by directing the planning
department, and other city departments, to provide advisory and technical assistance to
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property owners, applicants for certificates of appropriateness.
(7) Make and prescribe by-laws and application procedures that are reasonably
necessary and appropriate for the proper administration and enforcement of the
provisions of this division. The board shall prescribe forms for use by applicants when
requesting action under this division. The board may authorize any one of its members to
administer oaths and to certify official documents.
(8) Award historic markers or plaques upon the recommendation of the city manager and
with the consent of the city commission.
(9) Update and revise the historic properties database.
(10) Advocate that the city administration explore and advise the historic preservation
board and the building official as to alternatives available for stabilizing and preserving
inadequately maintained and/or unsafe buildings or structures within the city's designated
historic districts or on designated historic sites.
(11) Review all new construction, alterations, modifications and improvements to any
building, structure, improvement, landscape feature, public interior or site individually
designated in accordance with sections 118-591, 118-592 and 118-593, or located within
an historic district.
(12) To review any and all amendments to this Code affecting historic preservation
issues; specifically division 4 of article 11 of chapter 118 entitled "historic preservation
board," and article X of chapter 118 entitled "historic preservation," pursuant to section
118-163.
(13) The historic preservation board shall serve as the city's floodplain management
board for applications concerning properties within its jurisdiction, and shall have the
authority to exercise all powers and perform all duties assigned to such board pursuant to
section 54-31, et seq., Resolution No. 93-20698, and in accordance with the procedures
set forth therein as such ordinance and resolution may be amended from time to time.
For the purposes of determining jurisdiction, the criteria in section 118-351(a), for a
variance shall be utilized.
In accordance with Chapter 118 of the City Code, all members of the Historic Preservation
Board, except the Architect, Engineer, Landscape Architect, Professional practicing in the field of
architectural or urban design, or urban planning, and University Faculty Member of the board,
shall be residents of, the City, However, the City Commission may waive this requirement by a
517th vote, in the event a person not meeting these residency requirements is available to serve
on the board and is exceptionally qualified by training and/or experience in historic preservation
matters. All appointments shall be made on the basis of civic pride, integrity, experience and
interest in the field of historic preservation.
The following are the current vacancies on the Historic Preservation Board:
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1. A member of the faculty of a school of architecture in the State of Florida, with academic
expertise in the field of design and historic preservation or the history of architecture, with a
preference for an individual with practical experience in architecture and the preservation of
historic structures.
This position is currently held by Ms. Wyn Bradley, whose term expired on December 31, 2017.
Ms. Bradley, who was originally appointed in 2014, has indicated that she will be resigning from
the Board and does not seek re -appointment.
2. An architect registered in the State of Florida with practical experience in the rehabilitation of
historic structures.
This position is currently held by Mr. John Stuart, whose term expired on December 31, 2017.
Mr. Stuart, who was originally appointed in 2014, is eligible to be re -appointed.
3. One (1) position from the following possible categories:
a. a registered architect
b. a registered landscape architect
c. a professional designer or professional urban planner with practical experience in the
rehabilitation of historic structures
d. an attorney
e. a licensed engineer, who has professional experience and demonstrated interest in
historic preservation.
This position is currently held by Mr. Stevan Pardo, in the capacity of ui Attorney, whose term
expired on December 31, 2017. Mr. Pardo, who was originally appointed in 2016, is eligible for
re -appointment.
4. Two at large members, who have resided in one of the city's historic districts for at least one
year, and who have demonstrated interest and knowledge in architectural or urban design
and the preservation of historic buildings.
One of these positions is currently held by Mr. Jack Finglass, whose term expired on December
31, 2017. Mr. Finglass, who was originally appointed in 2016, is eligible for re -appointment.
DESIGN REVIEW BOARD
Pursuant to Chapter 118 of the City Code, the design review board shall have the following
powers and duties:
(1) To promote excellence in urban design.
(2) To review all applications requiring design review approval for all properties not
located within a designated historic district or not designated as a historic site. For works
of art in the art in public places program, the design review board shall serve as advisor
to the city commission, and may impose binding criteria, as provided in chapter 82, article
VII, "art in public places," division 4, "procedures." This authority shall include review and
approval of design and location within public rights-of-way outside of locally designated
historic districts of all wireless communications facilities as defined in chapter 104,
"telecommunications," article 1, "communications rights-of-way" under the standards
provided therein.
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(3) To prepare and recommend adoption of design plans pertaining to neighborhood
studies.
(4) To promote reduced crime and fear of crime through the use of crime prevention
through environmental design guidelines and strategies, as approved by the city
commission.
(5) To hear and decide appeals of the planning director.
(6) To authorize, upon application, variances from the terms of these land development
regulations, where authorized by section 118-351(a), pursuant to the requirements in
chapter 118, article Vlll, of the land development regulations, as will not be contrary to
the public interest when, owning to special conditions, a literal enforcement of provisions
of these land development regulations would result in unnecessary and undue hardship.
(7) The design review board shall serve as the city's floodplain management board in
reviewing applications for properties within the board's jurisdiction, and shall have the
authority to exercise all powers and perform all duties assigned to such board pursuant to
section 54-31, et seq.; Resolution No. 93-20698; and in accordance with the procedures
set forth therein as such ordinance and resolution may be amended from time to time.
For the purposes of determining jurisdiction, the criteria in subsection 118-351(a) for a
In accordance with Chapter 118 of the City Code, allregular members of the Design Review
Board shall reside in or have their primary place of business in the County. The two Citizen -At -
Large members and one of the Registered Landscape Architects, Registered Architects, or
Professionals practicing in the fields of architectural or urban design, or urban planning, shall be
residents of the City.
The following are the current vacancies on the Design Review Board:
1. Citizen -At -Large.
One of these positions is currently held by Mr. John Turchin, whose term expired on December
31, 2017. Mr. Turchin, who was originally appointed in 2014, is eligible for re -appointment.
2. Registered Architect.
One of these positions is currently held by Ms. Annabel Delgado, whose term expired on
December 31, 2017. Ms. Delgado, who was originally appointed in 2014, is eligible for re-
appointment.
3. Registered Architect.
One of these positions is currently held by Ms. Elizabeth Camargo, whose term expired on
December 31, 2017. Ms. Camargo, who was originally appointed in 2014, is eligible for re-
appointment.
4. Registered Landscape Architect.
This position is currently held by Ms. Deena Bell, whose term expired on December 31, 2017.
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Ms. Bell, who was originally appointed in 2014, has indicated that she will be resigning from the
Board and does not seek re -appointment.
All of the aforementioned Land Use Boards have four vacancies, which constitute a majority of
each seven member board. In order to maintain quorums, the members of the boards whose
terms have expired, and who have not already resigned, can be held over for a period not to
exceed 60 days from December 31, 2017. This allows each board to still maintain a quorum, in
the event appointments are delayed, but only for the January and February meetings.
Consequently, the need to re -appoint existing members and/or appoint new members is pressing
for all of the City's Land Use Boards, as some will not be able to field quorums after their
February meetings if no new appointments or re -appointments are made.
JLM/SMT/TRM
C: Raul Aguila, City Attorney
Rafael Granado, City Clerk
F:\PLAN\$ALL\CM_RESP\2018\LTC - LUB Vacancies and Appointments 2018.docx