Ordinance 93-2889 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 MEMBER 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 (1)
v
two (21 ex-officio members. 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 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 two (2) architects, 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:
a. American Institute of Architects, local
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.
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.
/10 .1
ATTEST:
CITY CLERK
1st reading 11/17/93
2nd reading 12/1/93
SWS:scf:disk5\DRBpower.ord
FORM APPROVED
LEGAL DEPT.
By
Date (00.2;X7=
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. 10 75-9
TO: Mayor Seymour Gelber and DATE: Dec. 1, 1993
Members of the City Commission
FROM: Roger M. C. �
City Manager
SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2665 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 .
BACKGROUND
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 concerning compliance with the as erica.^.s with
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 projects, 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
DATE 3
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.
CONCLUSION
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
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