Ordinance 94-2923 ORDINANCE NO. 94-2923
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, AMENDING SECTION 18, ENTITLED
"DESIGN REVIEW BOARD", AMENDING SUBSECTION 18-1, ENTITLED
"DESIGN REVIEW BOARD POWERS AND DUTIES" BY REQUIRING THE
REMOVAL OF BOARD MEMBERS WHO ARE ABSENT FROM THREE
REGULARLY SCHEDULED MEETINGS OR THREE (3) WORKSHOP
MEETINGS OR WHO ABSTAIN FROM VOTING DUE TO A CONFLICT OF
INTEREST ON SEVEN APPLICATIONS WITHIN A CALENDAR YEAR;
DEFINING AN ABSENCE AS MISSING MORE THAN THIRTY PERCENT
(30%) OF THE MATTERS ON THAT MEETING'S AGENDA;
PROHIBITING REAPPOINTMENT OF MEMBERS WHO ARE REMOVED FOR
A PERIOD OF ONE (1) YEAR FROM THE DATE OF REMOVAL;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;
PROVIDING FORA REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Administration of the City of Miami Beach
has recommended the revisions to the City's Comprehensive Zoning
Ordinance contained herein; and
WHEREAS, these revisions are deemed necessary in order
to expedite the Design Review Process and are necessary and
beneficial to the welfare of the residents of the City of Miami
Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 18-1 of Section 18, entitled "Design
Review Board" of Zoning Ordinance No. 89-2665, is hereby amended as
follows:
18-1 DESIGN REVIEW BOARD POWERS AND DUTIES
*
D. Removal
Removal of appointed members shall be by the City Manager
for cause. Failure to attend three (3) con3ccutive
.......
meetings -
o a; 4 membe_r-; s-h_ l -e man-e.a.t- --- wRmu
a
+er 1)
s absent from thr : : regularly sczedu ed hoard
from
three € sr a flp meet n th n ca a da - dear, or 3)
abstains:«:>:: r.pivii:::v`ot olagi:':>t :>:'' ::>:;:cot l' ct: ` if ' .interest on
:::: :.�.i?i:.: . :...: '. 'Y:!: .::
seven ('7) different:::appl icat c ns within a calendar >yea
All::>:>;;> embers sha:l :€:»<::;d .ose: an .: >> on ct . on that
..:.
purposes >'cf::::>:th s section azo
absence from a e4.ng shall •sng ,Acre
tt :;percent (3t %) >of tl `�e scheduledm . ..matters on
'? i : ;r::::Tr : .: SP: :n ar::::::A.:.AOO a :Gti*$* *iiSlidSO ... I14t
aee : ointed to m :: : rsh :>on the :Boardi €oret3es :
•
inte es ` '"t or..tax the effective date a thie....ord nancet
me s p
* *
SECTION 2 . INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is
the intention of the City Commission, and it is hereby ordained
that the provisions of this ordinance shall become and be made part
of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended;
that the sections of this ordinance may be renumbered or relettered
to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word.
I
SECTION 3. REPEALER. That all Ordinances or parts of
Ordinances in conflict herewith be and the same are herewith
repealed.
SECTION 4. SEVERABILITY. If any section, subsection, clause or
provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on
the 14th day of May , 1994 .
PASSED and ADOPTED this 4th day c f May ' , 1994 .
AP
ATTEST: /
cAA.A £`
CI Y CLERK
1st reading: 4/20/94
2nd reading: 5/4/94
FORM APPROVED
WP\PB\1173CMEM.94 LEGAL DEPT.
By Tc--D
Date 3-3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. ,314-9y
TO: Mayor Seymour Gelber and DATE: May 4, 1994
Members of the CityCommission
FROM: Roger M C
StrA)t,
City Manage
SUBJECT: SECOND READING. AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: AMENDING
SECTION 18, ENTITLED "DESIGN REVIEW BOARD", AMENDING
SUBSECTION 18-1, ENTITLED "DESIGN REVIEW BOARD POWERS AND
DUTIES", REQUIRING THE REMOVAL OF BOARD MEMBERS WHO FAIL
TO ATTEND REGULARLY SCHEDULED MEETINGS OR WORKSHOP
MEETINGS OR ABSTAIN FROM VOTING DUE TO A CONFLICT OF
INTEREST; DEFINING AN ABSENCE AS MISSING MORE THAN THIRTY
PERCENT OF THE MATTERS ON THAT MEETING'S AGENDA; AMENDING
QUORUM REQUIREMENTS; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
RECOMMENDATION
The City Administration recommends that the City Commission adopt
on second reading the attached amending ordinance regarding the
powers and duties of the Design Review Board.
BACKGROUND
The City Administration originally requested an amendment to the
Design Review Board's powers and duties regarding the required
number of Board members that must be present to constitute a quorum
for voting purposes on proposed development projects. The Planning
Board discussed that proposed Ordinance at the January 25th meeting
and directed staff to add amendments concerning absentees and
conflicts of interest. At the February 22, 1994 , meeting the
Planning Board requested the Legal Department to draft a new
amendment that did not change the quorum requirements, but did
address removal of members, conflicts of interest and a definition
of absence. The Planning Board voted 7-0 at its March 22 , 1994
meeting to recommend approval of this revised ordinance, with one
minor change added requiring disclosure of conflicts from Board
members on each meeting agenda. The City Commission, at its April
20, 1994 meeting, adopted the ordinance on first reading, by a vote
of 5-0.
ANALYSIS
At the present time, the Design Review Board consists of seven (7)
regular members and two (2) ex-officio members. The seven (7)
regular members consist of two (2) registered architects, one (1)
registered landscape architect, one (1) professional engineer, one
(1) professional land planner and two (2) citizens at large. The 55
ex-officio members are the Historic Preservation and Urban Design
1 AGENDA
ITEM _ aJ
DL.TE
Director and the advisor appointed by the Mayor's Barrier Free
Environment Committee who offers advice regarding compliance with
the Americans with Disabilities Act. The City Attorney's office
provides legal counsel and a staff member attends all meetings.
A quorum for the Design Review Board consists of four (4) regular
members and an affirmative vote of four (4) regular members is
required to approve an application for Design Review. Prior to a
decision by the Board, the ex-officio member submits a
recommendation for each item on the agenda; in addition, the City
Attorney determines whether or not a request is properly before the
Board. If an application is denied, the Board provides a written
statement in support of its finding.
The newly proposed amendment to the current Zoning Code includes
language concerning absentees and conflicts of interest in order to
discourage the absence of members. As proposed, any Design Review
Board member that misses three regular meetings or three workshop
meetings during the calendar year would be removed from the Board.
Thus a member could miss two regular meetings and two workshop
meetings and still remain a member on the Board. However, one
additional absence from either a regular meeting or workshop would
be grounds for removal. An absence would be defined as a member
missing more than thirty percent (30%) of the scheduled matters on
that meeting's agenda. By adding these provisions, Board members
would be encouraged to be present when they are most needed to vote
and effect a quorum. Also, members who abstain from voting due to
a conflict of interest on seven (7) applications within a calendar
year would also be removed under these provisions. A member who is
removed would not be reappointed to membership on the Board for a
least one (1) year from the date of removal.
CONCLUSION
The City Administration is supportive of this amended Ordinance
which should encourage not only improved attendance by the Design
Review Board members, but also help to ensure that the process of
the Design Review Board is not bogged down due to excessive
conflicts of interest. Accordingly, we have concluded that the
City Commission should adopt on second reading the proposed
Ordinance amending Zoning Ordinance 89-2665.
WP\PB\1173CMEN.94
2
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