Ordinance 99-3172 ORDINANCE NO. 99-3172
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA
AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 118 ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES",
SECTION 118-72 ENTITLED "MEMBERSHIP" BY
MODIFYING THE REQUIRED COMPOSITION AND
RESIDENCY REQUIREMENTS OF MEMBERS OF THE
DESIGN REVIEW BOARD; PROVIDING FOR INCLUSION
IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS,the Code of the City of Miami Beach specifies that the Design Review Board
shall be made up of members from various professions appropriate to the functions and
responsibility of said board ; and
WHEREAS, the City of Miami Beach deems it advisable to modify the specified
requirements in order to allow more flexibility in the appointment of Design Review Board
members; and,
WHEREAS,the City of Miami Beach also considers residence in the City to be an important
factor in determining suitability for membership on the Design Review Board.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 118-72. entitled "Membership" of Chapter 118,entitled"Administration
and Review Procedures",of the Code of the City of Miami Beach,Florida is hereby amended to read
as follows:
Sec. 118-72. Membership.
(a) Composition.The design review board shall be composed of seven regular members and two
ex officio members. The seven regular members shall consist of: (i)three registered architects, ii
one registered landscape architect, registered architect,professional designer or professional urban
planner,(iii)one registered architect, professional designer or professional urban planner,and (iv)
two citizens at large. The two ex officio members shall be the historic preservation and urban design
director and one person appointed by the city manager from an eligibility list provided by the mayor's
barrier free environment committee. The city attorney's office shall provide legal counsel.
(b) Appointment. The (i) three registered architects, (ii) one landscape architect, registered
architect, professional designer or professional urban planner, and (iii) one registered architect,
professional designer or professional urban planner, shall be appointed by the city commission by
a five-sevenths vote. An eligibility list for these professional membership categories may include,
but shall not be limited to, suggestions from the following professional and civic associations as
listed below:
(1) American Institute of Architects, local chapter.
(2) American Society of Landscape Architects, local chapter.
(3) The Miami Design Alliance.
(4) American Planning Association, local chapter.
(5) The Miami Design Preservation League and Dade Heritage Trust.
(6) Other city civic, neighborhood and property owner associations.
The two citizens at large members shall be appointed by the city commission by a five-sevenths vote.
(c) Residency and place of business. All regular members shall reside in or have their primary
place of business in the county. The two citizens at large members and one of the registered
landscape architects,registered architects,professional designers or professional urban planners shall
be residents of the city.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH,FLORIDA
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 Code of the City of Miami Beach 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.
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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 27th day of February , 1999.
PASSED and ADOPTED this 17th day of February , 1999.
111/
ATTEST: MAYOR
'ZtPte'r 9a�a
CITY CLERK
DOF\kw
F1PLANISPLB\DEC\ME 831375 1375ORD3.98
1st reading 1/20/99
2nd reading 2/17/99
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
__._ 4e9
City Attorney
3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
fttp:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO.
TO: Mayor Nelsen O. Kasdin and • DATE: February 17, 1999
Members of the City Co mission
/
FROM: Sergio Rodriguez
City Manager
SUBJECT: Second Reading - An Ordinance of the Mayor and City Commission of the
City of Miami Beach,Florida Amending the Code of the City of Miami Beach,
Florida, Amending Chapter 118 Entitled "Administration and Review
Procedures", Section 118-72 Entitled "Membership" By Modifying the
Required Composition of Members of the Design Review Board; Providing for
Inclusion in the Code of the City of Miami Beach, Florida; Repealer;
Severability; and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
BACKGROUND
At the City Commission meeting of September 23, 1998,the consideration of an amendment to the
City Code which would modify the required composition of the membership of the Design Review
Board was referred to the Land Use and Development Committee at the request of Commissioner
Simon Cruz. The original proposal was to remove the membership classification of Landscape
Architect and replace it with the membership classification of citizen-at-large.
At its October 19, 1998 meeting,the Land Use and Development Committee discussed the matter.
The discussion of the Committee focused on the advantages and disadvantages of increasing
"citizen" representation on the board by reducing the number of"professionals" for a seat on the
board. The Committee decided that the DRB is best served by design professionals,who are better
suited to guide and assess architectural design solutions, serving as a "peer" review board. The
Committee noted that similar boards at other cities are mostly comprised of professionals, as well.
The Committee agreed that the landscape architect position, as it is currently provided for in the
City's Land Development Regulations, may be too limiting as a membership category. Therefore,
it was suggested as appropriate to expand the category to allow for either landscape architect,
AGENDA ITEM e-SG-
DATE
2_l
architect, urban planner or urban designer. Furthermore, the Committee felt that either this
category or the other flexible category (architect, urban planner or urban designer) should be
required to be filled by a Miami Beach resident to address more comprehensively the "citizen"
point of view. The matter was subsequently referred to the Planning Board. Upon referral,
Planning Department staff drafted the proposed amendment.
At the December 15, 1998 Planning Board meeting,the Board voted 7-0 to recommend approval
of a modified ordinance,which would remove text that would allow up to five registered architects
to sit on the DRB; instead, the ordinance, as revised by the Planning Board, would limit to three
(3) the number of registered architects required on the board. However, at its January 20, 1999
meeting,the City Commission voted 7-0 to approve the original version of the proposed ordinance,
and it is this original version of the ordinance that is before the Commission today for adoption.
ANALYSIS
Membership
Regarding the makeup of the Design Review Board(DRB), currently the board is comprised of
seven regular members and two ex-officio members. The Land Development Regulations of the
City Code requires the DRB membership be comprised of:
(3)registered architects,
(1) landscape architect,
(1) registered architect, professional designer or professional urban planner,
and(2) citizens-at-large.
The proposed ordinance would somewhat broaden the membership requirements. If enacted,the
DRB would be required to be composed of:
(3)registered architects,
(1) landscape architect, registered architect,professional designer or professional urban planner,
(1)registered architect, professional designer or professional urban planner, and
(2) citizens-at-large.
The effect of this change would be to allow more flexibility for the Commission to appoint various
architecture,planning and design professionals members to membership of the DRB. Rather than
specifying that one member must be a landscape architect,the proposed requirement allows for the
possibility of appointing professionals from a broader array of fields.
The Administration has concluded that the proposed ordinance would broaden the membership
requirements to allow the Commission greater flexibility in appointments to the DRB. Therefore,
the Administration recommends the adoption of the proposed amending ordinance.
Residency Requirement
Regarding the residency requirement, currently only the two citizen-at-large members of the DRB
are required to reside in the City of Miami Beach. The members from the required professional
classifications are not currently required to reside in the City. Both versions of the proposed
amending ordinance would require that one of the DRB members from the landscape architect,
registered architect, professional designer or professional urban planner classification be a resident
of Miami Beach. The effect of this provision would be to require one additional Miami Beach
resident in the membership composition of the DRB; as per the provision discussed above, that
resident would be required to be a professional from one of the specified professional categories.
CONCLUSION
Regarding the proposed amendment which is before the Commission today,the modest broadening
of the membership requirements for the DRB would allow the City Commission more flexibility
in its appointments to the board. Additionally, the requirement for residency in the City of an
additional member should ensure a greater familiarity with the City's unique urban character and
design issues. Based on the foregoing analysis, the Administration recommends that the
Commission adopt, upon second reading public hearing, the proposed amending ordinance to
Section 138-72 of the Land Development Regulations of the Code of the City of Miami Beach,
Florida.
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