Ordinance 2024-4611 LAND USE BOARD WATER EXPERT ALTERNATIVE REQUIREMENT
ORDINANCE NO] 2024-4611
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF'THE CITY. OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE,
BY AMENDING CHAPTER 2, ENTITLED `.`ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE I, ENTITLED "LAND USE BOARDS," SECTION 2.1.2
ENTITLED "PLANNING BOARD," ' AT SUBSECTION 2.1.2.2, ENTITLED
"MEMBERSHIP AND APPOINTMENT"; SECTION. 2.1.3 ENTITLED "DESIGN
REVIEW BOARD," AT'SUBSECTION 2.1.3.2, ENTITLED "MEMBERSHIP AND.
APPOINTMENT"; AND SECTION .2.1.4 ENTITLED "HISTORIC PRESERVATION
BOARD, AT SUBSECTION 2.1.4.3, ENTITLED "MEMBERSHIP AND
APPOINTMENT"; TO. PROVIDE THAT THE WATER MANAGEMENT EXPERT
POSITION ON THE LAND USE BOARDS MAY ALTERNATIVELY BE OCCUPIED,
BY A PERSON WHO IS A RESIDENT AT-LARGE, AS SET FORTH IN THE
ORDINANCE;. AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND.AN EFFECTIVE DATE.
WHEREAS, the Code currently requires that one of the seven appointed members of the
Design Review Board, Historic Preservation, Board, 'and Planning Board have experience in
issues related to water resources, hydrology, or floodplain management; and
WHEREAS, it has been challenging to recruit qualified individuals to serve in the water
expert role on the City's Land Use Boards; and
WHEREAS, this Ordinance allows the City Commission to,appoint a resident at-large as
an alternative.to a water expert in order to ensure that t all positions on the City's Land Use Boards
are filled; and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY.COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 2, entitled "Administration and Review Procedures,"Article I, entitled "Land
Use Boards,"Section 2.1.2 entitled"Planning Board,"at Subsection 2.1.2.2, entitled"Membership
and appointment," is hereby amended as follows:
CHAPTER.2 '
ADMINISTRATION'AND'REVIEW PROCEDURES '
* * *
ARTICLE I.- LAND USE BOARDS ' '
* * . *
2.1.2 PLANNING BOARD
* *
2.1.2.2 Membership and appointment
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. The planning director or designee, and city attorney or designee, 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:
6. One of the following:
A. A licensed professional engineer, licensed professional architect, or licensed
professional landscape architect with expertise in water resources;
B. A person licensed by the State of Florida in hydrology, water or wastewater
treatment;
C. A person with a degree from an accredited college or university in a field of
study related to water resources; or
D. A floodplain manager or a principal community administrator responsible for
the daily implementation of flood loss reduction activities including enforcing a
community's flood damage prevention ordinance, updating flood maps, plans,
and policies of the community, and any of the activities related to administration
of the National Flood Insurance Program (NFIP) (a "water management
expert").
E. A person who is a resident at-large and currently resides in the city and has
resided in the city for at least three consecutive years at the time of
appointment or reappointment.
c. Except as provided in subsection (b)(5) and (b)(6)(E), 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 residency requirement in this subsection (c)
shall not apply to the water resource expert appointed to the planning board pursuant
to subsection (b)(6)(A-D).
* * *
SECTION 2. Chapter 2, entitled "Administration and Review Procedures,"Article I, entitled"Land
Use Boards," Section 2.1.3 entitled "Design Review Board," at Subsection 2.1.3.2, entitled
"Membership and appointment," is hereby amended as follows:
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•
2.1.3 DESIGN REVIEW BOARD
2.1.3.2 Membership and appointment
a. The Design Review 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. One person appointed by the city manager from an eligibility list
provided by the disability access committee shall serve in an advisory capacity with
no voting authority. The planning director or designee, and city attorney or designee,
shall serve in an advisory capacity.
b. The Design Review Board shall consist of the following seven regular members:
6. One of the following:
A. A licensed professional engineer, licensed professional architect, or licensed
professional landscape architect with expertise in water resources;
B. A person licensed by the State of Florida in hydrology, water or wastewater
treatment;
C. A person with a degree from an accredited college or university in a field of
study related to water resources; or
D. A floodplain manager or a principal community administrator responsible for
the daily implementation of flood loss reduction activities including enforcing a
community's flood damage prevention ordinance, updating flood maps, plans,
and policies of the community, and any of the activities related to administration
of the National Flood Insurance Program (NFIP) (a "water management
expert").
E. A person who is a resident at-large and currently resides in the city and has
resided in the city for at least three consecutive years at the time of
appointment or reappointment.
* * *
d. Residency and place of business. All regular members shall reside in or have their
primary place of business in the county, except for the water management expert
appointed pursuant to subsection (b)(6)(A-D), who need not reside in or have a
principal place of business in the county, and except as otherwise provided in
subsection (b)(5) and (b)(6)(E). The two resident 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.
* * *
SECTION 3. Chapter 2, entitled "Administration and Review Procedures,"Article I, entitled "Land
Use Boards," Section 2.1.4 entitled "Historic Preservation Board," at Subsection 2.1.4.3, entitled
"Membership and appointment," is hereby amended as follows:
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2.1.4 HISTORIC PRESERVATION BOARD
* * *
2.1.4.3 Membership and appointment
a. The Historic Preservation Board shall be composed of the following seven members,
appointed with the concurrence of at least four members of the City Commission:
*
5. One of the following:
•
A. A licensed professional engineer, licensed professional architect, or licensed
professional landscape architect with expertise in water resources;
B. A person licensed by the State of Florida in hydrology, water or wastewater
treatment;
C. A person with a degree from an accredited college or university in a field of
study related to water resources; or
D. A floodplain manager or a principal community administrator responsible for
the daily implementation of flood loss reduction activities including enforcing a
community's flood damage prevention ordinance, updating flood maps, plans,
and policies of the community, and any of the activities related to administration
of the National Flood Insurance Program (NFIP) (a "water management
expert"), each of the foregoing with professional experience and demonstrated
interest in historic preservation.
E. A person who is a resident at-large and currently resides in the city and has
resided in the city for at least three consecutive years at the time of
appointment or reappointment.
* * *
b. All members of the board except the architect, university faculty member, and water
management expert shall be residents of the city; provided, however, that the City
Commission may waive the residency requirement (if applicable) by a 5/7ths vote, in
the event a person not meeting the residency requirements is available to serve on
the board and is exceptionally qualified by training 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.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are.hereby repealed.
SECTION 5. 'CODIFICATION.
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 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 3 day of APh 1 , 2024.
ATTEST:
•
APR 082024
; �+
B,,1114 teven Meiner, Mayor
r,
Rafael . Granado, City Cler �Q APPROVED AS TO
'y y FORM AND LANGUAGE
E & FOR EXECUTION
INCOR1 GRATED y
4042-9 VA >`o
Nk /-1 261" City Attorney QV__ Date
First Reading: February 21, 2024
Second Reading: rii 3, 202
Verified By:
Thomas R. Mooney, ICP Sponsored by Commissioner Tanya K. Bhatt
Planning Director
Co-Sponsored by Commissioner Alex J.Fernandez
Co-Sponsored by Commissioner David Suarez
Co-Sponsored by Commissioner Joseph Magazine
T:\Agenda\2024\2 February 2024\Planning\Land Use Board Water Expert Alternative Requirement-First Reading ORD.docx
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Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 3, 2024
10:35 a.m. Second Reading Public Hearing
SUBJECT: LAND USE BOARD WATER EXPERT ALTERNATIVE REQUIREMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES,"ARTICLE I, ENTITLED
"LAND USE BOARDS," SECTION 2.1.2 ENTITLED "PLANNING BOARD,"AT
SUBSECTION 2.1.2.2, ENTITLED "MEMBERSHIP AND APPOINTMENT";
SECTION 2.1.3 ENTITLED "DESIGN REVIEW BOARD," AT SUBSECTION
2.1.3.2. ENTITLED "MEMBERSHIP AND APPOINTMENT"; AND SECTION
2.1.4 ENTITLED "HISTORIC PRESERVATION BOARD," AT SUBSECTION
2.1.4.3, ENTITLED "MEMBERSHIP AND APPOINTMENT"; TO PROVIDE
THAT THE WATER MANAGEMENT EXPERT POSITION ON THE LAND
USE BOARDS MAY ALTERNATIVELY BE OCCUPIED BYA PERSON WHO
IS A RESIDENT AT-LARGE, AS SET FORTH IN THE ORDINANCE; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY •
On December 13, 2023, at the request of Commissioner Tanya K. Bhatt, the City Commission
referred the proposed amendment to the Planning Board (Item C4 W). Commissioner David
Suarez is the co-sponsor of the item.
In April 2018, the Urban Land Institute (ULI) Miami Beach Advisory Services Panel released
the Stormwater Management and Climate Adaptation Review Report. One of the
recommendations in the report was for the city to add climate or water management experts to
the land use boards.
On June 5, 2019, the City Commission adopted Ordinance No. 2019-4279, amending the
composition of the Design Review Board, Historic Preservation Board, and Planning Board to
include a category for a water management expert on each board. To qualify for the position, an
applicant must be one of the following:
Page 650 of 1445
A. A licensed professional engineer, licensed professional architect, or licensed professional
landscape architect with expertise in water resources;
B.A person licensed by the State of Florida in hydrology,water or wastewater treatment;
C. A person with a degree from an accredited college or university in a field of study related to
water resources; or
D. A floodplain manager or a principal community administrator responsible for the daily
implementation of flood loss reduction activities including enforcing a community's flood
damage prevention ordinance, updating flood maps, plans, and policies of the community, and
any of the activities related to administration of the National Flood Insurance Program (NFIP) (a
"water management expert").
ANALYSIS
While the land use boards, applicants, and the City's residents all benefit from the experience
and participation of a water management expert in each board's deliberations, it can be
challenging to recruit qualified individuals for this position. The proposed ordinance amends the
composition of the Design Review Board, Historic Preservation Board, and Planning Board to
provide that the water management expert seat may, in the alternative, be filled by a resident at
large.
The City's Land Development Regulations and Public Works Department requirements contain
many standards that address resiliency in the city. This includes sea level rise and resiliency
review criteria that must be addressed by each application for new development and for
amendments to the Land Development Regulations. Therefore, in the absence of a qualified
subject matter expert, the interests of the City with regards to resiliency would continue to be
addressed.
PLANNING BOARD REVIEW
On January 30, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (5-0). The Planning Board,
by a separate motion (4-1), recommended that preference be given to an individual who meets
the qualifications for a water expert and that any resident at large appointed express interest in
water and resiliency issues.
UPDATE
On March 13, 2024, the City Commission approved the ordinance at First Reading, with no
changes, and scheduled a Second Reading / Public Hearing for April 3, 2024. Additionally, in
accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the
City Commission waived the applicable fees based upon the legislation implementing best
practices in urban planning.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance.As published
on the City's website (https://www miamibeachfl.gov/city-hall/city-clerk/meeting-notices/) on
March 21, 2024, a Business Impact Estimate is not required for the subject ordinance as it
implements an amendment to the Land Development Regulations.
LOBBYIST DISCLOSURE
Page 651 of 1445
In accordance with Resolution No. 2023-32857, adopted by the City Commission on
December 13, 2023, the following information has been provided by the item sponsor as it
relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s)and principal(s): Not Applicable
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION.
No Fiscal Impact Expected
CONCLUSION
The Administration recommends the City Commission adopt the ordinance.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Tanya K. Bhatt and Co-sponsored by Commissioners Alex Fernandez and
David Suarez
ATTACHMENTS:
Description •
D Ordinance
Page 652 of 1445