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Ordinance 97-3067ORDINANCE NO. 97-3067 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD"; AMENDING SUBSECTION 18-1, ENTITLED "DESIGN REVIEW BOARD POWERS AND DUTIES"; MODIFYING SUBSECTION 18.1.B BY ALTERING THE MEMBERSHIP OF THE BOARD; AMENDING SUBSECTION 18-2, ENTITLED "DESIGN REVIEW PROCEDURES"; AMENDING SUBSECTION 18-2.0 TO PROVIDE FOR A PRELIMINARY EVALUATION PROCEDURE; AMENDING SUBSECTION 18- 2.E TO ESTABLISH A FEE FOR A PRELIMINARY EVALUATION; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The City of Miami Beach wishes to enhance the unique architectural environment of Miami Beach to maintain the integrity of design and architecture throughout the City; and WHEREAS, The City of Miami Beach Design Review Board is the primary vehicle for assuring this design and architectural integrity; and, WHEREAS, The City of Miami Beach desires to establish certain procedures for preliminary review of applications by the Design Review Board to allow applicants to receive general commentary and feedback on their preliminary application from the Design Review Board; 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. That Section 18, entitled "Design Review Board" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 18-1 DESIGN REVIEW BOARD POWERS AND DUTIES A. Powers and Duties 1. To promote excellence in urban design. 2. To review all applications requiring Design Review. 3. To prepare and recommend adoption of design plans Neighborhood Studies. 4. To promote reduced crime and fear of crime through the Prevention Through Environmental Design Guidelines and approved by the City Commission. 5. To hear and decide appeals of the Historic Preservation and Director when deciding matters pursuant to Section 18-2.I. B. Membership pertaining to use of Crime Strategies, as Urban Design 1. Composition - The Design Review Board shall be composed of seven (7) regular members and one (1) ex -officio members. The seven (7) regular members shall consist of two (2) three (3) registered architects, one (1) registered landscape architect, ; :: , 41]g (1) registered architect. professional designer or professional urban planner and two (2) citizens at -large. The one (1) ex -officio members shall be the Historic Preservation and Urban Design Director. The City Attorney's office shall provide legal counsel. 2. Appointment - The twe-(2) three (3) registered architects, one (1) landscape architect, and one (1) registered architect. professional designer or professional urban planner shall be appointed by the City Manager in consultation with the Planning Board. from an An eligibility list for these professional membership categories may include, representative but shall not be limited to. suggestions from the following professional and civic associations as listed below: a. b. c. d. American Institute of Architects, local chapter American Society of Landscape Architects, local chapter The Miami Design Alliance American Planning Association, local chapter The Miami Design Preservation League and Dade Heritage Trust Other City civic. neighborhood and property owner associations. The two (2) citizens at -large members shall be appointed by the Planning Board. 2 3. Residency and Place of Business - All regular members shall reside in or have their primary place of business in Dade County, Beach. The two (2) citizen -at -large members shall be residents of the City Qf Miami Beach. C. Terms of Office The term of service on the Design Review Board shall be two (2) years.. D. Removal Removal of appointed members shall be by the City Manager for cause. Removal of a Board member shall be mandatory when that member 1) is absent from three (3) regularly scheduled Board meetings within a calendar year, or 2) is absent from three (3) workshop meetings within a calendar year, or 3)abstains from voting due to a conflict of interest on seven (7) different applications within a calendar year. All members shall disclose any conflicts on that meeting's agenda. For purposes of this section an absence from a meeting shall be defined as missing more than thirty percent (30%) of the scheduled matters on that meeting's agenda. A member who is removed shall not be reappointed to membership on the Board for at least one (1) year from the date of removal. Any absences and/or abstentions due to conflict of interest prior to the effective date of this ordinance shall not apply for purposes of removal from Board membership. E. Quorum and Voting A quorum shall consist of four (4) regular members. An affirmative vote of four (4) regular members shall be required to approve an application for Design Review. Prior to a decision of the board, the ex -officio members shall submit a recommendation for each item on the agenda, in addition, the City Attorney shall determine whether a request is properly before the Board. If an application is denied, the Board shall provide a written statement in support of its finding. F. Meetings The Board shall meet within a reasonable time upon receipt of an application, at the call of the Chairperson or the Historic Preservation and Urban Design Director. All meetings shall be open to the public and shall be conducted in accordance with the rules and regulations adopted by the Board. 3 G. Conflict of Interest Members of the Board shall abide by the applicable provisions of Fla. Statutes Ch. 112 (1987), as amended; Metropolitan Dade County, Fla., Code Ch. 2 (1987), and Code of the City of Miami Beach Ch. 2, Art. III (1964), regarding voting conflicts and disclosures of financial interests. 18-2 DESIGN REVIEW PROCEDURES C. Application for Design Review The Applicant shall obtain a Design Review application from the Historic Preservation and Urban Design Department which shall be responsible for the overall coordination and administration of the Design Review Process. When the application is complete, the Historic Preservation and Urban Design Department shall place the application on the agenda and prepare a recommendation to the Design Review Board. The Historic Preservation and Urban Design Department shall determine the date on which the application will be heard by the Board; however, the Board shall consider the application and Historic Preservation and Urban Design Department recommendation within forty-five (45) days from the date of submission of a completed application to the Planning and Zoning Department.. In the event the applicant seeks a preliminary evaluation of a project from the Board for information and guidance purposes only. an application for preliminary evaluation shall be required. The Historic Preservation and Urban Design Director, or designee, shall determine the supplemental documents and exhibits necessary and appropriate to complete an application for a preliminary evaluation: the required supplemental documents and exhibits shall serve to describe and illustrate the project proposed in the application in a manner sufficient to enable the Board to provide general comments, feedback. information and guidance with respect to the application. Preliminary evaluations by the Board shall be for informational purposes only; a preliminary evaluation by the Board shall not constitute a binding approval. nor shall any comments. feedback, information or guidance provided by the Board be binding upon the Board during subsequent review of the preliminary application or a related final application. The Board may provide general comment, feedback, information and guidance during the initial hearing on the application for preliminary evaluations, and may continue discussion on a preliminary evaluation to subsequent meetings in order for the applicant to better address any specific concerns raised by the Board or staff, or may elect to terminate the preliminary evaluation process after providing general comments. All preliminary evaluations shall be 4 subject to the noticing requirements provided in Subsection 18-2.D herein. Preliminary evaluation applications shall not constitute a completed application meeting all submission requirements for Design Review approval. and therefore an applicant acquires no vested rights or protections of any kind, type or nature based upon the filing of the preliminary evaluation application (e.g.. no vested right to develop a project in accordance with the Zoning Ordinance in effect on the date of submission of a completed preliminary evaluation application). The Board will not issue an order either approving or denying a project or take any formal action on preliminary evaluation applications. Preliminary evaluations shall not entitle applicants to any of the benefits accorded to applicants pursuant to completed applications. inclusive of appeals or rehearings. Applications for preliminary evaluations for properties located within a Historic District or a Historic Site shall be subject to the applicable provisions of this Section, but shall be heard by the Design Review/Historic Preservation Board. Except as used in this Section 18-2.C. the use of the phrase "application" throughout Section 18 refers to a completed application for DRB approval and not to a preliminary evaluation application. * * * * * * E. Fees An Applicant shall pay, upon the submission of an application to the Historic Preservation and Urban Design Department, a fee based upon the following schedule: 1. An application for a preliminary evaluation of a project before the Board shall require a fee of $250.00, which shall not be refundable, nor shall it be applied to reduce any other fees due and payable pursuant to this section. 472, An application requiring a hearing before the Board for Design Review approval shall require a base fee of $500.00 plus $0.0075 per square feet of floor area. 2:3..,. An application requiring staff review for minor alterations and minor additions including storefront replacement and storefront reconfiguration shall require a fee of $100.00. 3, An application pertaining only to Signs, awnings and window replacements shall require a fee of $50.00. 4.1 An application pertaining only to paint shall require a fee of $20.00. If a deferment or clarification hearing is requested by the Applicant, an additional $400.00 fee shall be assessed. 5 6:Z If a deferment or clarification of conditions is requested by the Board, there will be no additional fee. 7$, If the Applicant removes his file from the agenda after it has been accepted by the Historic Preservation and Urban Design Department, the City shall retain 50% of the application fee. 872, An application pertaining to extensions of time shall require a fee of $400.00. 9710, Any "after the fact" application shall incur triple fees. a. Notwithstanding the above provision, the Design Review Board of the Joint Design Review\Historic Preservation Board (when applicable) may adjust the after -the -fact fee based on substantial competent evidence that there are extenuating circumstances that warrant such an adjustment. The request for a fee adjustment shall be in writing. The adjusted after -the -fact fee shall not be less than the regular application fee. - b. The request shall be: (1) part of the Design Review Board or the Joint Design Review/Historic Preservation Board application (when applicable); or, (2) a separate application requesting an adjustment to the after -the -fact fee for a staff level review. - c. If a request for an adjustment to the after -the -fact fee for a staff level review is submitted, there will be an additional fee of $75.00 to place the item on the Board's agenda. - X11. Minor revisions to previously approved plans shall require a fee of $25.00 for reviews conducted by staff and one-half (1/2) of the original fee for plans which were approved by the Board. w X12.. Major revisions to plans previously approved by the Board shall require a base fee of $150.00 plus one-half (1/2) of the original fee. ,» j3., Appeal of a staff decision to the Board shall require a fee of $250.00 and an appeal of a Board decision to the City Commission shall require a fee of three-fourths (3/4) of the original application fee. The fee shall be refunded if the applicant prevails in the appeal.- -1-37.14_ ppeal.a 1j4, An application pertaining to the re -hearing of a project shall require a fee of one-half (1/2) of the original fee.- The ee.,» The above fee schedule is provided to defray the costs associated with the Administration of this Section. 6 Should a question arise as to compliance with the conditions as outlined by the Board, a clarification hearing before the Board may be called at the request of the Historic Preservation and Urban Design Department or by the Applicant. » 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. SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Notwithstanding anything to the contrary contained in this Ordinance, the amendments to Section 18-1.B contained herein shall take immediate effect upon the later of: (i) the effective date of this Ordinance as provided in Section 5, below, of this Ordinance, or (ii) the expiration of the terms of the members serving on the Design Review Board as of December 31, 1996 (the "Current Members"); provided, however, in the event this Ordinance shall take effect on a date subsequent to the date new members are appointed to replace the Current Members, then those newly appointed members serving in membership categories which are no longer provided for in this amended Ordinance shall immediately, upon the effective date of the amendments to Section 18.1.B set forth herein, cease to be members and new members shall be appointed in accordance with the procedures set forth in Section 18 of the Zoning Ordinance . 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 January , 1997. PASSED and ADOPTED this 8th day of AjLEST: 0th" PaA.c.tud\- CITY CLERK = new language Strikeeut = deleted language MHF\F:\PLAN\$ALL\CCMEMOS\ 1291 DRB.ORD 1st reading 12/18/96 2nd reading 1/8/97 18th day of 7 CITY OF BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 1 +97 TO: Mayor Seymour Gelber and Members of the City Commission DATE: January 8, 1996 FROM: Jose Garcia -Pedrosa City Manager SUBJECT: Second Reding Public Hearing -An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by Amending Section 18, Entitled "Design Review Board"; Amending Subsection 18-1, Entitled "Design Review Board Powers and Duties"; Modifying Subsection 18.1.B by Altering the Membership of the Board; Amending Subsection 18-2, Entitled "Design Review Procedures"; Amending Subsection 18-2.0 to Provide for a Preliminary Evaluation Procedure; Amending Subsection 18-2.E to Establish a Fee for a Preliminary Evaluation; Providing for Inclusion in the Zoning Ordinance; Providing for Repealer, Severability and an Effective Date, RECOMMENDATION The Administration recommends that the City Commission adopt on second reading, after holding a public hearing, the proposed amendment to the Zoning Ordinance regarding amendments to Section 18 of Zoning Ordinance 89-2665, as codified in the attached amending ordinance. BACKGROUND The Planning Board is a sponsor of the subject amending ordinance which is an attempt to upgrade the professional membership of the Design Review Board and also the integrity of design and architecture throughout the City of Miami Beach. On November 12, 1996 the Planning Board held a workshop to discuss the procedures and concerns related to the Design Review Board's review and approval of buildings undergoing substantial rehabilitation and new construction. The attached amending ordinance would codify part of the conclusions from this workshop. PAGE 1 OF 3 AGENDA ITEM DATE 68 On December 17, 1996, the Planning Board held a public hearing regarding the amendment and voted unanimously (6-0, one absence) to recommend approval of the amendment with one major modification. The Board deleted the City of Miami Beach residency requirement or place of business requirement for the three (3) professional members since there is already in place a stringent conflict of interest removal provision codified within the existing Zoning Ordinance. The Board also believed that the removal of this restriction would help to provide a much larger selection pool for perspective Design Review Board members (see page 3 of the amendment). On December 18, 1996 the City Commission adopted the amendment on first reading with the above noted changes (as proposed by the Planning Board) after said changes were presented to the Commission on the floor by Dean Grandin, Planning & Zoning, Director. ANALYSIS The amending ordinance would change the current make-up of the seven (7) member Design Review Board by increasing the two (2) registered architects to three (3) registered architects and by amending the one (1) professional engineer and one (1) professional land planner to one (1) registered architect, professional designer or a professional urban planner. The current two (2) citizens -at -large membership requirement would remain unchanged. The eligibility list for prospective members would no longer be generated by the representative professional associations; instead, an eligibility list for these professional membership categories may include, but would not be limited, to the listed professional and civic associations. The proposed amended list of professional and civic associations is shown on page two of the amendment. The Florida Engineer Society would be removed and replaced with The Miami Design Alliance. The Miami Design Preservation League and Dade Heritage Trust would be added to the list, as well as, "other City neighborhood and property owner associations." The requirement that the three (3) professional members reside in or have their place of business in the City of Miami Beach would be removed; however, the requirement that all regular members must reside in or have their primary place of business in Dade County would remain in effect. The requirement that the two (2) citizen -at -large members must be residents of the City of Miami Beach would continue as a mandatory requirement. The final portion of the amendment creates a preliminary evaluation procedure for applicants seeking such a review before the Design Review Board. It should be noted, that this review would not entitle the applicant to any vested rights or other guarantee of any kind. The applicant would only receive general comments, feedback and general guidance from the Board regarding the proposed project. The fee for preliminary review before the Design Review Board would be $250.00. The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a severability clause and an effective date. PAGE 2 OF 3 In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning Board and City Commission are to 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. CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should adopt on second reading, after holding a public hearing, the amendments to Section 14 of Zoning Ordinance 89- 2665 in order to upgrade the professional membership of the Design Review Board. 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