2009-3624 Ordinance ORDINANCE NO. 2009-3624
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE OF THE
CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER
118, "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE II, "BOARDS," DIVISION 2, "PLANNING BOARD," BY
AMENDING SECTION 118-53, "COMPOSITION," BY
CLARIFYING THAT ONLY A RESIDENT OF THE CITY SHALL
BE ELIGIBLE FOR APPOINTMENT; AMENDING DIVISION 4,
"HISTORIC PRESERVATION BOARD," SECTION 118-103,
"MEMBERSHIP," BY ESTABLISHING THAT EACH OF THE
TWO AT-LARGE MEMBERS SHALL RESIDE IN ONE OF THE
CITY'S HISTORIC DISTRICTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the Land Use Boards of the City play an important role in
carrying out the provisions of the City Code; and
WHEREAS, the Land Use Boards review development applications during
public hearings that may have a direct impact on the residents of the City; and
WHEREAS, the City Commission desires to provide for better resident
representation in these Land Use Boards; and
WHEREAS, the City Commission makes appointments of individuals to
these Land Use Boards; and
WHEREAS, the amendments set forth below are necessary to accomplish
all of the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Division 2, "Planning Board," Section 118-53, "Composition,"
is hereby amended as follows:
Section 118-53. Composition.
(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. Each regular voting member shall
serve for a term of two years The planning director or designee, and city
attorney 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 one registered architect or a member of the facility of a
school of architecture in the state, with practical or academic expertise in
the field of design, planning, historic preservation or the history of
architecture, or a professional architectural designer or professional urban
planner, one developer and one attorney who has considerable
experience in land use and zoning issues, and one person who has
education and/or experience in historic preservation issues For purposes
of this section, the term "education and/or experience in historic
preservation issues" shall be a person who meets one or more of the
following criteria.
(1) Has earned a college degree in historic preservation,
(2) Is responsible for the preservation, revitalization or adaptive reuse
of historic buildings, or
(3) Is recognized by the city commission for contributions to historic
preservation, education or planning
(c) No person except a resident of the city, : _ -• - - - • - - •-• -•-
business interest in the city who has resided in the City for at least one
year, shall be eligible for appointment to the Planning Board
(d) The City Commission may waive the residency requirements by a 5/7ths
vote in the event a person not meetinq these requirements is available to
serve on the board and is exceptionally qualified by training and/or
experience.
Section 2. That Division 4, "Historic Preservation Board," Section 118-103,
"Membership," is hereby amended as follows
Section 118-103 Membership
(a) The historic preservation board shall be composed of seven members
There shall be a member from each of the following categories
(1) A representative from the Miami Design Preservation League
(MDPL), selected from three names nominated by such
organization
(2) A representative from Dade Heritage Trust (DHT), selected from
three names nominated by such organization
2
{3) One at large member who owns or manages a pFopel4y or
properties located in one of the city's historic districts, and who has
preservation of historic buildings.
(4 3) 94sle Two at-large members who have residesd in one of the City's
historic districts for at least one year, and who has have
demonstrated interest and knowledge in urban design and the
preservation of historic buildings
(6 4) An architect registered in the state with practical experience in the
rehabilitation of historic structures
(6 5) A registered architect, registered landscape architect, professional
designer or professional urban planner with practical experience in
the rehabilitation of historic structures, or an attorney at law or a
licensed engineer who has professional experience and
demonstrated interest in historic preservation
(7 6) A member of the faculty of a school of architecture in the state, with
academic expertise in the field of design and historic preservation
or the history of architecture, with a preference for an individual with
practical experience in architecture and the preservation of historic
structures
(b) All members of the board except the architect, engineer, landscape
architect, professional designer or professional urban planner and
university faculty member of the board shall be residents of, or have
business interests in, the city; provided, however, that the city commission
may waive thecc this requirements by a 5/7ths vote in the event a person
not meeting these residency requirements is available to serve on the
board and is exceptionally qualified by training and/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 3. 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 4. 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
3
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renumbered or relettered to accomplish such intention, and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 28thday of January , 2009.
Matti Herrera Bower MAYOR
ATTEST:
V ~
CI CLERK Robert Parcher
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
t3 eq
Attorney Date
First Reading:
Second Reading:
Verified by:
J r e Gom z, ICP
I nning Director
Underscore denotes new language.
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4
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance proposing an amendment to the Land Development Regulations of the City Code amending
the residenc re uirements for the Plannin Board and the Historic Preservation Board.
Ke Intended Outcome Su orted:
Not Applicable -Regulatory
Supporting Data (Surveys, Environmental Scan, etc
Not Applicable -Regulatory
Issue:
Should the City Commission adopt the proposed ordinance increasing the residency requirements for
members of the Plannin and Historic Preservation Boards to be residents of the Ci ?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
This ordinance will clarify that only a resident of the City may be appointed to a Planning Board position
and that the at-large member of the Historic Preservation Board who must own or manage property in a
historic district must also be a resident of the City.
The Administration recommends that the City Commission adopt the proposed ordinance as modified by
the Planning Board.
Adviso Board Recommendation:
At the October 28, 2008 meeting, the Planning Board voted (6-0; one member absent) to recommend to
the City Commission adoption of the proposed ordinance, as modified. The Board modified the proposed
ordinance by eliminating the principal place of business eligibility for Planning Board appointment and
instead requiring that all members must be residents of the City. The modification also requires that the
at-large member of the Historic Board who owns or manages property in a historic district must also be a
resident of the Ci .
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
The ro osed Ordinance is not ex ected to have an fiscal im act u on the resources of the Ci
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Si n-Offs:
De artment ' ector A sistant City Manager City Manager
T:\AG A 009\January 28\R ular\ 900 - Resid ncy requirement far LUBoards sum.doc
~ M I AN1 16 EAC H AGENDA ITEM RS ~`Q
SATE ~ 1
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 28, 2009
COND READING PUBLIC HEARING
SUBJECT: Residency requirements for Planning Board and Historic Preservation Board
members
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING
CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE
II, "BOARDS," DIVISION 2, "PLANNING BOARD," BY AMENDING SECTION
118-53, "COMPOSITION," BY CLARIFYING THAT ONLY A RESIDENT OF THE
CITY SHALL BE ELIGIBLE FOR APPOINTMENT; AMENDING DIVISION 4,
"HISTORIC PRESERVATION BOARD," SECTION 118-103, "MEMBERSHIP,"
BY ESTABLISHING THAT ONE OF THE AT-LARGE MEMBERS WHO MUST
OWN OR MANAGE PROPERTY IN ONE OF THE HISTORIC DISTRICTS SHALL
ALSO RESIDE IN THE CITY; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance .
ANALYSIS
The Administration was asked to review the current composition and eligibility requirements
of each of the development review boards which include the Board of Adjustment, the
Historic Preservation Board, the Design Review Board and the Planning Board, and to
propose recommendations that would strengthen the residency requirements,.
These boards are tasked with the regulation of land development, thus the composition
requirements are very specific to include the membership of individuals who maintain
specialized positions, knowledge, experience and/or expertise and a number of these
members are required to be registered professionals. In addition, Chapter 118 of the City
code specifically describes rights to serve on these boards, which require members to be
either residents of the City, or have their principal business interest within the City.
In order to strengthen the residency requirements for the City's development review boards,
amendments to the City Code are required. These amendments would remove having the
principal place of business as an option for the eligibility requirement and the residency
City Commission Memorandum
Residency requirements for Planning Board
and Historic Preservation Board members
January 28, 2009 Page 2
composition could be expanded by applying the residency requirement to additional
members. Because each board is tasked with serving individualized functions, the
composition requirements for each board may vary. After thorough review, the conclusion is
that strengthening the residency requirement for the Design Review Board would make the
eligibility requirements too stringent and would not be recommended. However, revisions to
the membership of the Planning Board and Historic Preservation Board could be addressed
by amending their ordinances.
In addition to Chapter 118 of the City Code, the City Charter specifically addresses the
composition requirements for the Board of Adjustment. Sub-Part B, The Related Acts,
Article I, Section 2 of the City Charter specifically states that "Members of the Board of
Adjustment must be either residents or have their principal place of business in Miami
Beach." Revision to the membership composition of the Board of Adjustment would require
a ballot question to amend the Related Acts within the City Charter. Section 118-131 tracks
the same language as Section 2 of the City Charter.
The comparative table below shows the applicable composition requirements as well as the
residency requirement for each of the land use boards.
Development Boards -Comparison
Board Appointment Membership Composition Residency
Requirement
Planning Board Seven, At a minimum, one from each of the A resident of the
appointed with professional categories: city or an individual
the having their main
concurrence of One registered architect, or business interest in
at least four member of the faculty of a school of the city
votes of the architecture in the state, with practical
city or academic expertise in the field of
commission. design, planning, historic preservation
or the history of architecture, or
• professional architectural designer, or
• professional urban planner,
One developer
One attorney who has considerable
experience in land use and zoning issues
One person with education or experience
in historic preservation issues
General business citizens at tar e
Design Review Same as Two registered architects, Reside in or have
above their primary place
One registered architect, or of business in the
• a member of the faculty of a school of county, except that
architecture, urban planning or urban the two citizens-at-
design in the state, with practical or large and one of
academic expertise in the field of the registered
design, planning, historic preservation landscape
or the history of architecture, or architects,
• a professional architectural designer, registered
or architects,
• a rofessional urban tanner professional
City Commission Memorandum
Residency requirements for Planning Board
and Historic Preservation Board members
January 28, 2009 Page 3
Board Appointment Membership Composition Residencv
Requirement
designers or
One registered landscape architect, professional urban
planners shall be
One registered architect, or residents of the
• a professional designer, or city.
• a professional urban planner
Two citizens at large
Historic Same as One representative from the MDPL All members
Preservation above except the
One representative from DHT architect, engineer,
landscape
One at-large member who owns or architect,
manages a property or properties located professional
in one of the city's historic districts designer or
professional urban
One at-large member who resides in one planner and
of the city's historic districts, and who university faculty
has demonstrated interest in historic member shall be
preservation issues. residents of, or
have business
One architect registered in the state with interests in, the
practical experience in the rehabilitation of city; the city
historic structures. commission may
waive these
One registered architect, or requirements
• registered landscape architect, or
• professional designer, or
• professional urban planner, or
• an attorney at law, or
• a licensed engineer who has
professional experience in historic
preservation.
One member of the faculty of a school of
architecture in the state
Board of Seven Two~citizens at-large, and Must be either
Adjustment members residents of or
appointed by a five members selected from the following have their principal
five-sevenths categories place of business
vote of the city . Law, in the city.
commission. Architecture,
• Engineering,
• Real estate development,
• Certified public accounting,
• Financial consultation
• General business.
City Commission Memorandum
Residency requirements for Planning Board
and Historic Preservation Board members
January 28, 2009 Page 4
PLANNING BOARD ACTION
At the October 28, 2008 meeting, the Planning Board voted (6-0; one member absent) to
recommend to the City Commission adoption of the proposed ordinance, as modified. The
Board modified the proposed ordinance by eliminating the principal place of business
eligibility for Planning Board appointment and instead requiring that all members must be
residents of the City. The modification also requires that the at-large member of the Historic
Board who owns or manages property in a historic district must also be a resident of the City.
This modification is included. in the proposed ordinance.
FISCAL IMPACT
The proposed Ordinance is not expected to have any significant fiscal impact upon the
resources of the City.
CITY COMMISSION ACTION
At the December 10, 2008 meeting, the City Commission approved the proposed ordinance
on first reading and requested the following modifications:
1. Waive residency requirement by 5/7 vote of the City Commission to those members
who meet specific board requirements on the HPB and Planning Board.
2. One-year residency requirement.
3. Historic Preservation Board include 5/7 vote waiver provision.
These amendments have been incorporated into the proposed ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed ordinance.
Pursuant to Section 118-164(3), when a request to amend the Land Development
Regulations does not change the actual list of permitted, conditional or prohibited uses in a
zoning category, the proposed ordinance may be read by title or in full on at least two
separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the City. Immediately following the public hearing at the
second reading, the City Commission may adopt the ordinance by afive-sevenths vote.
JMG/TH/JGG/ML
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~-
CITX-~F MIAMI BEACH ~ o _
NOTICE OF P~lBLIC°HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held , ~
by the Mayor and City Commission of tha City of Miami Beach, Flotida, in the } a
Commission Chambers, 3rd floor, City Ha11,1700 Convention Center Drive, Miami 1
Beach, Florida, on Wednesday, January 28, 2009, to consider the following: ~ o
10:15 a.m. ~
An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Section € ~ '
2-22(5)(a) Thereof Regarding General Requirements For Membership On City Of i c
Miami Beach's Agencies, Boards And Committees, By Providing That When A
Vacancy On The City Commission Exists Beyond December 31 Of The Year An W
Appointing Commission Member Leaves Office.; Direct Appointees Of Said Former =
Commission Member Shall Hold Over Until The Appointment/Election Of The a.
Successor City Com(ission Member. s
p[ Inquiries may be directed to the City Attorney's Office at (305) 673-7470. ~ $4£~ ~
3, ! N
10:20 a.m. `o
An Ordinance Amending The Land Development Regulations Of The City Code • ?
Of The City Of Miami Beach, Florida By Amending Chapter 118, "Administration z
And Review Procedures," Article II, "Boards;" Division 2, "Planning Board," By ~
Amending Section •118-53, "Composition," By Clarifying That Only A Resident o
Of The City Shall Be Eligible For Appointment; Amending Division 4, "Historic ~
Preservation Board," Section 118-103, "Membership," By Establishing That One _ v
Of The At-Large Members who Must Own Or Manage Property In One Of The _
E
'Historic Districts Shall Also Reside In The City.
~ -
Inquiries may be directed to the Planning Department a;,(305) 673-7550.
m
10:25 a.m. I ~
An Ordinance Amending City Code Chapter 118, "Administration And Review
Procedures," Article VII, "Divisioh Of Land/LOt Split," Section 118-321, "Purpose,
Standards And Procedure," By Clarifying That The Review Criteria For Requests
For A Division Of Land/Lot Slit To Require An Applicant To Submit Massing And
Scale Studies Of Possible Structures And Uses On The Lot Or Lots Proposed To
Result From Lot Splits; And The Required Opinion. Of Ttle Should Be As Of A Date ,
Not More Than 120 Days Before The Planning Board Meeting.
- Inquiriesmay be directed to the Planning Department at (305) 673-7550..
10:35 a.m.
An Ordinance Implementing A Deferred Retirement Option Plan For Members Of
The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504, ` -
As SubsequentiyAmendAd; Dreating ANew Section 2.26, Providing A Definition Of
Deferred Retirement Option,Plan; Creating A New Section 5.13, Establishing The . !
Deferred Retirement Option Plan And Setting Forth The Features Of The Plan.
Inquiries may be directed to the Human Resources Oepartmen# at (305) 673-7520.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by
an agetrt, or to express their views in writing addressed to the City Commissio0,
c/o the City Clerk,1700 Oonvention Center Drive 1st Floor, City Hali, Miami Beach,
Florida 33139. Copies of these ordinances are available. for public inspection .
during normal business hours in the City Clerk's Office, 1700 Convention Center
.Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may
be continued and under such circumstances additional legal notice would not
be provided.
Robert E. Parcher, City Cierk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission
wiW respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. Ttiis
( notice does not constitute consent by the City for the introduction or admission of ,
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
` I
i To request this material in accessihle format, sign language interpreters,
information on access for persons with disab8ities, and/or any accommodation ;
to review any document or participate in any city-sponsored proceeding, please
1 contact (305) 604-2489 (voice), (305) 673-7218 (TTY) five days in advance to ~
i initiate your request. TTY users may also call 711 (Florida Relay Service).
Ad #519
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