HomeMy WebLinkAbout2005-3477 Ordinance
Deshm Review and Plannine Board Architects
ORDINANCE NO.
2005-3477
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION
AND REVIEW PROCEDURES", ARTICLE II, "BOARDS", BY AMENDING
SECTION 118-53 TO MODIFY THE REQUIREMENTS FOR THE
COMPOSITION OF THE PLANNING BOARD AND TO CORRECT A
PORTION OF THE SECTION REGARDING ATTENDANCE; BY
AMENDING SECTION 118-72 TO MODIFY THE REQUIREMENTS FOR
THE COMPOSITION OF THE DESIGN REVIEW BOARD; PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements ofthe Land Development Regulations of the Code ofthe City of Miami Beach as they
pertain to the City's Development Review Boards; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the composition
of the Planning and Design Review Boards; and,
WHEREAS, The City of Miami Beach desires to expand and enhance the requirements for
membership on the Planning and Design Review Boards; and,
WHEREAS, the amendments set forth below are necessary to accomplish all ofthe above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 118, Entitled "Administration and Review Procedures", Article n,
Entitled "Boards", Division 2, Entitled "Planning Board" ofthe Land Development Regulations of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-53. Composition.
(a) The planning board shall be composed of seven regular voting members. Each regular
member shall be appointed with the concurrence of at least four members of the city commission.
Each regular voting member shall serve for a term of two years. The planning director or designee,
and city attorney shall serve in an advisory capacity.
(b) All regular voting members of the board shall have considerable experience in general
business, land development, land development practices or land use issues; however, the board shall
at a minimum be comprised of one registered architect or a member of the faculty of a school of
architecture in the state, with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture, or a professional architectural designer or professional
urban planner, one developer and one attorney who has considerable experience in land use and
zoning issues, and one person who has education and/or experience in historic preservation issues.
For purposes ofthis section, the term "education and/or experience in historic preservation issues"
shall be a person who meets one or more of the following criteria:
(1) Has earned a college degree in historic preservation;
(2) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
(3) Is recognized by the city commission for contributions to historic preservation, education or
planning.
(c) No person except a resident of the city, or an individual having their main business interest in
the city shall be eligible for appointment to the planning board. In the event anymelRber of the board
fails to attend more than two eonsee1:ltiye meetings and/or y/orkshops eomprised ofthe entire board
without ooe cause or bona fide excuse, as found and determined by a majority of the board, sl:leh
member shall eease to be a member of sl:leh board.
SECTION 2. That Chapter 118, Entitled "Administration and Review Procedures", Article II,
Entitled "Boards", Division 3, Entitled "Design Review Board" of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-72. Membership.
(a) Composition. The design review board shall be composed of seven regular members. The
seven regular members shall consist oftffi:ee two registered architects, a registered architect
or a member of the faculty of a school of architecture, urban planning or urban design in the
state, with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture, or a professional architectural designer or
professional urban planner, one registered landscape architect, one registered architect,
professional designer or professional urban planner and two citizens at large. One person
appointed by the city manager from an eligibility list provided by the mayor's barrier free
environment committee shall serve in an advisory capacity with no voting authority. The
planning director, or designee and the city attorney or designee shall serve in an advisory
capacity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions ofthis ordinance shall become and be made part of the Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
2
./
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision ofthis Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 16th day of
, 2005.
~l?aA-~
CITY CLERK
M
City Attome~
~-7-{)f>
Date
First Reading: February 23,2005
Second Reading: March 16, 5
Verified by:
Underscore otes new language
3/4/2005
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16
Lt)
~ lQ CITY OF MIAMI BEACH
3 ~ NOTICE OF PUBLIC HEARINGS
a::
<(
~ NOTICE IS HEREBY given that public hearings will be held by the MlIYllI' IIld
>,' City Commission of the City of Miami Beach, Florida, in the Commission Chambers.
;3 3rd floor, CIty Hall, 1700 Convention Center Drive, Miami Beach, Florida, 1M
z Wlldnesday. March 16,2005. at the lime listed below, to consider the foIlow1nf:
;)
10:15 a.m.:
N ORDiNANCE AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 11B, "ADMINISTRATION AND
REVIEW PROCEDURES", ARTICLE II, "BOARDS". BY AMENDING SECTION 118-53 TO
MODIFY THE REOUlREMENTS FOR THE COMPOSITION OF THE PLANNING BOARD AND
TO CORRECT A PORTION OF THE SECTION REGARDING ATTENDANCE; BY AMaGN&
SECTION 118-72 TO MODIFY THE REOUIREMENTS FOR THE COMPOSITION OFTlff
DESIGN REVIEW BOARD; PROVIDING FOR REPEALEFI, CODIFICATION, SEVERA8ll.JTV
AND AN EFFEcrlVE DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
at 10:20 a.m.:
AN ORDINANCE REPEALING DMSION 24, ENTITLED "CONVENTION CENTER ~
PROJECTS OVERSIGHT COMMITTEE", OF ARTICLf iii, ENTITLED "AGENCIES BOARDS
AND COMMITTEES", OF CHAPTER 2, ENmLED "ADMINISTRATION", OF THE MIAMI
BEACH CITY CODE IN ORDER TO DISSOLVE THE CONVENTION CENTER CAPITAL
PROJECTS OVERSIGHT COMMITTEE; PROVIDING FOR SEVERABILITY, REPEALER.
CODIFICATION, AND AN EFFECTIVE DATE.
at 10:25 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 74, ARTI~ If
THEREOF ENTiTLED "PEDDLERS AND SOLICITORS." SECTiON 74-76 THROUGH AND
INCLUDING SECTION 74-78, BY DELETING CERTAIN DEFINITIONS; CLARIFYIIG:
APPLICABILITY OF ARTICLE; AND DELETING CERTAIN LOCATIONS WHERE
PANHANDLING IS PROHIBITED; PROVIDING FOR REPEALER, SEVERABILITY, AND III
EFFECTIVE DATE
CG
Zi
Inquiries may be directed to the Legal Department at (305) 673-7470.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by III
agent, or to express their views in writing addressed to the City Commission, clo 1he
City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach. Florida
33139. This meeting may be continued and under such circumstances additionall8gal
notice would not be provided. .
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Sectfon 286.0105. F1a, Stat. the City here~y advises the public that If a person decides to appeal any
declsjon.mada by the City Commission wl1h respect to any mallar consldared at Its meeUng or Its hearing, such
person must ansure that a verbatim record of tho proceedings is mada, which recOld Includas the tBStlmonYend
avldence upon which the appeal Is to be basad, This nolIca does not constltuta consent by tho City for tha
introduction or admission of otherwise Inadmissible or lITo levant avid once, nor does it authorize challanges or
appeals not otherwise allowed by law.
To raquast this material In accessible 100mat, sign language Interpreters, information on access for persons with
disabilities. and/or any accommodation to review any document or participate in any city-sponsored proceedlng,
pleasa contact (305) 604-2489 (volea), (305) 673-7218 (TlYJ five days In advance to Inillata yourrequast. TTY lISBIB
may also call 711 (Florida Relay Service), Ad lI0301
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
Planning Board and Design Review Board Composition - modifying the Registered Architect requirement.
Issue:
Amendment to the Boards Section of the City Code, modifying the composition requirements for the
Planning Board and the Design Review Board by adding a faculty member from a school of architecture as
an option to appointing a registered architect.
Item Summary/Recommendation:
On February 23, 2005, the subject Ordinance was approved on First Reading. The administration
recommends that the Ordinance be adopted on Second Reading.
Advisory Board Recommendation:
The Planning Board transmitted the proposed Ordinance, with a favorable recommendation, to the City
Commission on January 25, 2005. The Design Review Board evaluated the Ordinance on January 18,
2005 and recommended approval.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Thomas Mooney
Si
City Manager
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AGENDA ITEM
DATE
/Rs-A
3-16-ro
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM
To:
From:
Mayor David Dermer and
Members Of The City Commission
Jorge M. Gonzalez \. ,/"
City Manager () v- ~
Design Review and Planning Board Composition
Date: March 16, 2005
SECOND READING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES", ARTICLE II, "BOARDS", BY AMENDING SECTION 118-
53 TO MODIFY THE REQUIREMENTS FOR THE COMPOSITION OF THE
PLANNING BOARD AND TO CORRECT A PORTION OF THE SECTION
REGARDING ATTENDANCE; BY AMENDING SECTION 118-72 TO
MODIFY THE REQUIREMENTS FOR THE COMPOSITION OF THE
DESIGN REVIEW BOARD; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance on Second Reading.
ANALYSIS
Currently, both the Design Review Board and the Planning Board have specific membership
requirements for "Registered Architects". Specifically, the Planning Board is composed of one
(1) Registered Architect and the Design Review Board is composed of three (3) Registered
Architects.
Oyer the past few years, it has become increasingly difficult to fill the positions of "Registered
Architect" on both of these board's, due to the fact that interested indiyiduals have too many
conflicts with ongoing projects in the City. In order to address this problem, an Ordinance
amendment has been proposed by the Planning Board that allows for more flexibility in making
appointments to fill these positions.
In this regard, it is recommended that the registered architect position on the Planning Board
be replaced with "one registered architect or a member of the faculty of a school of
architecture in the state, with practical or academic expertise in the field of design, planning,
historic preservation or the history of architecture". It is further recommended that the current
March 16, 2005
Commission Memorandum
Ordinance - ORB and PB Architects
Page 2 of 2
requirement of three registered architects on the Design Reyiew Board be replaced with "two
registered architects, a registered architect or a member of the faculty of a school of
architecture, urban planning or urban design in the state, with practical or academic expertise
in the field of design, planning, historic preservation or the history of architecture".
These modifications will still proYide for significant architectural experience on both of these
Board's, while allowing for more flexibility in making the appointments.
The proposed Ordinance Amendment also corrects a duplicative sentence regarding the
attendance of Planning Board members.
The proposed Ordinance was reyiewed by the Design Reyiew Board on January 18, 2005,
which recommended that it be approyed. The Planning Board transmitted the Ordinance to
the City Commission with a fayorable recommendation on January 25, 2005.
On February 23, 2005, the City Commission approyed the Ordinance on First Reading with a
minor modification to include a "professional architectural designer or professional urban
planner" as additional appointment options.
FISCAL IMPACT:
The proposed Ordinance is not expected to have any fiscal impact
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote offiye-seyenths shall be
necessary i'n order to enact any amendments to the Land Development Regulations.
JMG/TH/A'/TRM
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