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93-2889 Ordinance ORDINANCE NO. 93-2889 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 PROVIDING THAT THE DESIGN REVIEW BOARD SHALL HAVE AN EX-OFFICIO KEMBER APPOINTED BY THE CITY MANAGER FROM AN ELIGIBILITY LIST PROVIDED BY THE MAYOR'S BARRIER FREE ENVIRONMENT COMMITTEE TO OFFER ADVICE REGARDING COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT: PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Design Review Board Approval of construction plans is required for most construction projects in the City of Miami Beach pursuant to Subsection 18-1 of city of Miami Beach Zoning Ordinance No. 89-2665; and WHEREAS, many of the construction projects reviewed by the City's Design Review Board are required by federal law to comply with the handicap accessibility requirements of the Americans with Disabilities Act (A.D.A.); and WHEREAS, it would be beneficial to property owners planning construction projects to receive information regarding these handicap accessibility requirements in order to avoid having to make modifications after a building is completed; and WHEREAS, informing applicants for design review approval of A.D.A. requirements will encourage compliance with the A.D.A. and will improve handicap accessibility for buildings located in the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SUBSECTION 18-1. Subsection 18-1 of Section 18, entitled "Design Review Board" of City of Miami Beach Zoning Ordinance No. 89-2665 is hereby amended 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 one (l) two (2) ex-officio member~. The seven (7) regular members shall 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 one (1) two (2) ex-officio members shall be the Historic Preservation and Urban Design Director and one person appointed bv 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 two (2) archi tects, one (1) landscape architect, one (1) professional engineer, and one (1) professional land planner shall be appointed by the City Manager in consultation with the Planning Board from an eligibility list solicited from their representative professional associations as listed below: American Insti tute of Archi tects, chapter b. American Society of Landscape Architects, local chapter c. Florida Engineer society, local chapter d. American Planning Association, local chapter The two (2) citizens at-large members shall be appointed by the Planning Board. local a. * * * SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If an section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect on the 10th day of December , 1993. PASSED and ADOPTED this 1st day of December , 1993. ATTEST: ~L~Ou\~' Z-- ~v--- - CITY CLERK 1st reading 11/17/93 2nd reading 12/1/93 SWS:scf:disk5\DRBpower.ord 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. to 15-~3 TO: Mayor Seymour Gelber and Members of the City Commission DATE: Dec. 1, 1993 FROM: Roger M. ,..-~ II t:J ' J ~ City Mana;;nlJll{t~ SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2~65 AMENDING SECTION 18, DESIGN REVIEW BOARD, PERTAINING TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT - SECOND READING , ADMINISTRATION RECOMMENDATION The City Administration recommends that the City Commission, upon holding a public hearing and due consideration, approve on second reading the attached ordinance amending Zoning Ordinance 89-2665 . BACltGROUND The City Administration is requesting the City Commission to consider an amendment to the current Zoning Ordinance regarding the Design Review Board powers and duties. The Amendment proposes that an ex-officio member selected by the City manager from a list received by the Mayor's Barrier Free Environment Committee to offer advice concernina comDliance with the Americans with Di~abilities Act for projects ~that -are reviewed by the Design Review Board. The ex-officio member would not have voting status. The Planning Board, at its meeting of September 28, 1993, voted unanimously (7-0) to recommend in favor of the proposed amendment. The City Commission, at its meeting of November 17, 1993, voted unanimously to adopt, on first reading. ANALYSIS Since the Design Review Board already reviews construction plans for concurrency requirements" in addition to, aesthetic and design issues, it is appropriate to establish a process for comments concerning a Barrier Free environment to be made at this stage of project review. Preliminary zoning comments are usually given to project architects prior to Design Review Board meetings with the stipulation that variances may be required or that the project may need revisions to comply with the Zoning Code. In a similar fashion, the proposed ex-officio member could provide comments regarding projects before the Design Review Board to ensure that Federally mandated handicapped accessibility requirements are met. This invaluable input would not only be beneficial to property owners in reviewing pending construction proj ects, but in the planning of future projects to be in compliance with the Americans with Disabilities Act. . The Administration believes that such an ex-officio member would be helpful in gaining meaningful comments during the Design Review process with regard to assuring barrier-free environments. We also 16 AGENDA ITEM ~-3~ Jd--I-q3 DATE believe that the appointment should be made by the city Manager from a list of candidates provided by the Mayor's Barrier-Free Environment Committee, a revision which has been made to the Ordinance before you for consideration. CoNCLUSI:oN The Administration believes that the proposed amendment is necessary in establishing policy and clarifying the Federally mandated requirements for handicapped accessibility, for not only new construction, but also the rehabilitation of existing buildings. Accordingly, the Administration has concluded that the city Commission should adopt on second reading this amendment to the Zoning Ordinance. DJG:MHL:al cc: John Dellagloria, Chief Deputy City Attorney a:PB (disk #3)\AMERDISA.CM 17