Ordinance 97-3089ORDINANCE NO. 97-3089
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 18, ENTITLED "DESIGN REVIEW
BOARD", AMENDING SUBSECTION 18-1B, ENTITLED
"MEMBERSHIP" BY PROVIDING THAT ALL DESIGN
REVIEW BOARD MEMBERS SHALL BE APPOINTED BY
THE CITY COMMISSION, PROVIDING FOR INCLUSION IN
THE ZONING ORDINANCE, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the Design Review Board ("Board") is composed of seven (7) regular members
consisting of three (3) registered architects, one (1) registered landscape architect, one (1) registered
architect, professional designer or professional urban planner, and two (2) citizens at -large; and
WHEREAS, the three (3) registered architects, one (1) registered landscape architect, and
one (1) registered architect, professional designer or professional urban planner on the Board are
currently appointed by the City Manager in consultation with the Planning Board from an eligibility
list solicited from the Board members' respective professional associations and other civic
associations and the two citizens at -large members are appointed by the Planning Board; and
WHEREAS, in order to insure the independence of the Board it is deemed advisable for the
City Commission to appoint all members 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. AMENDMENT OF SUBSECTION 18-1B
That Subsection 18-1B, entitled "Membership" of Section 18, entitled "Design
Review Board" of City of Miami Beach Zoning Ordinance No. 89-2665 is hereby amended to read
as follows:
18-1 DESIGN REVIEW BOARD POWERS AND DUTIES
* * *
B. Membership
1. Composition - The Design Review Board shall be composed of seven (7)
regular members and two (2) ex -officio members. The seven (7) regular
members shall consist of three (3) registered architects, one (1) registered
landscape architect, one (1) registered architect, professional designer or
professional urban planner and two (2) citizens at -large. The two (2) 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.
2. Appointment - The three (3) registered architects, one (1) landscape architect,
one (1) registered architect, professional designer or professional urban
planner shall be appointed by the City Commission by a 5/7ths vote City
• •• . 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:
. •
-
a. American Institute of Architects, local chapter
b. American Society of Landscape Architects, local chapter
c. The Miami Design Alliance
d. American Planning Association, local chapter
e. The Miami Design Preservation League and Dade Heritage Trust
f. Other City civic, neighborhood and property owner associations.
The two (2) citizens at -large members shall be appointed by the Naming
Beard- the City Commission by a 5/7ths vote.
3. Residency and Place of Business - All regular members shall reside in or
have their primary place of business in Dade County. The two (2) citizens
at -large members shall be residents of the City of Miami Beach.
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.
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SECTION 3. REPEALER.
repealed.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
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 26th day of July, 1997.
PASSED and ADOPTED this 16th day of July, 19
ATTEST:
Poimkt -PclAtti&
CITY CLERK
1st reading 7/2/97
2nd reading 7/16/97
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APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:Uci. m iam i-beach.fl. us
TO:
COMMISSION MEMORANDUM NO. 6 19 11
Mayor Seymour Gelber and
Members of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
DATE: July 16, 1997
SUBJECT: Second Readi u s lic Hearing - An Ordinance of the Mayor and City
Commission of i e City of Miami Beach, Florida Amending Zoning Ordinance
No. 89-2665, Amending Section 18, Entitled "Design Review Board", Amending
Subsection 18 -Ib, Entitled "Membership" by Providing That All Design Review
Members Shall Be Appointed by the City Commission, Providing for Inclusion
in the Zoning Ordinance, Repealer, Severability, and an Effective Date.
RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
The subject Ordinance was initially offered for consideration by Commissioner Nancy Liebman, as
amended by Commissioner Martin Shapiro. The Planning Board offered an alternate Ordinance at
its public hearing on the matter on April 29, 1997, by a vote of 6-1. At its July 2, 1997 meeting, the
City Commission considered these two alternate Ordinances, as well as a third option offered by
Commissioner Susan Gottlieb. By a vote of 5-0, the Commission adopted on first reading the
ordinance attached hereto.
ANALYSIS OF AMENDING ORDINANCE
The Design Review Board is composed of seven (7) regular members consisting of three (3)
registered architects, one (1) registered landscape architect, one (1) registered architect, professional
designer or professional urban planner and two (2) citizens -at -large.
As prescribed by the current provisions of the Zoning Ordinance, the two citizen -at -large members
are appointed by the Planning Board. The remaining five members are appointed by the City
Manager in consultation with Planning Board. The City Manager may follow the Planning Board
recommendation or choose an alternate candidate deemed best qualified to fill a vacancy in the
respective professional categories.
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AGENDA ITEM
DATE 7 - l ?- a
This proposed amendment would require that all seven (7) members of the Design Review Board
be appointed by the City Commission, with no involvement from either the Planning Board or the
City Manager.
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City
Commission and the Planning Board should consider 13 relevant review criteria, when applicable
for such changes. Since the amending ordinance would only change the text of the Zoning
Ordinance and would not constitute a use change or a change in zoning district boundaries or
classification, the review criteria have been determined not to be applicable to this amendment
request.
ANALYSIS OF OTHER BOARD APPOINTMENT PROCEDURES
Below is a brief description of the appointment procedures (pursuant to the Zoning Ordinance 89-
2665) for the other three (3) City Boards that are staffed by the Planning, Design and Historic
Preservation Division.
1. Board of Adjustment
Currently the (Zoning) Board of Adjustment is made up of five (5) professional members. All
members are appointed for a one (1) -year term by a five -sevenths (5/7) vote of the City Commission.
2. Planning Board
The Planning Board is comprised of seven (7) members, four (4) of which must be professionals.
Members are appointed to a two (2) -year term by a majority of four -sevenths (4/7) vote of the City
Commission.
3. Historic Preservation Board
The Historic Preservation Board is comprised of nine (9) members, seven (7) of which must be
professionals, and two (2) additional members -at -large who reside in, own or manage properties
located in a locally designated Historic Preservation District. Members are appointed by the City
Manager with the consent of the City Commission for a two (2) -year term.
All of the above appointments are similar in that the City Commission has final authority in
appointing members; however, the Historic Preservation Board members are appointed by the City
Manager with the consent of the City Commission.
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CONCLUSION
The amendment passed on first reading is consistent with other operating procedures and is therefore
an acceptable means of making appointments and The Design Review Board.
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