Ordinance 2019-4279 Water Management Expert for DRB, PB and HPB
ORDINANCE NO. 2019-4279
AN ORDINANCE OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE II, ENTITLED "BOARDS,"
DIVISION 2, ENTITLED "PLANNING BOARD," SECTION 118-
53, ENTITLED "COMPOSITION"; DIVISION 3, ENTITLED
"DESIGN REVIEW BOARD," SECTION 118-72, ENTITLED
"MEMBERSHIP"; AND DIVISION 4, ENTITLED "HISTORIC
PRESERVATION BOARD," SECTION 118-103,. ENTITLED
"MEMBERSHIP," TO AMEND THE COMPOSITION OF THE
PLANNING BOARD, DESIGN REVIEW BOARD, AND
HISTORIC PRESERVATION BOARD TO INCLUDE A
CATEGORY FOR A WATER MANAGEMENT EXPERT ON
EACH BOARD; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the composition of the Historic Preservation Board, Design Review Board,
and Planning Board are established in Chapter 118, Article II of the City Code; and
WHEREAS, the Mayor.and City Commission desire to amend the composition of the
Historic Preservation Board, Design Review Board, and Planning Board, to provide that one of
the following individuals should be appointed to,each board: an engineer, architect, or
landscape architect with experience in water resources; a person licensed by the State of
Florida in hydrology, water or wastewater treatment; a person with a degree in any water
resources discipline; or a floodplain manager or a principal community administrator
responsible for the daily implementation of flood loss reduction activities.
. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118 of the Code of the City of Miami Beach, entitled "Administration and
Review Procedures,"Article II, entitled "Boards," is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE II. BOARDS
* * *
DIVISION 2. - PLANNING BOARD
* * *
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Sec. 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 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:
(1) One architect registered in the State of Florida; or a member of the faculty of a
school of architecture in the state, with practjcal or academic expertise in the field
of design, planning, historic preservation or the history of architecture; or a
landscape architect registered in the State of Florida; or a professional practicing
in the fields of architectural or urban design, or urban planning;
(2) One developer who has experience in developing real property; or an attorney in
good standing licensed to practice law within the United States;
(3) One attorney licensed to practice law in the State of Florida who has
considerable experience in land use and zoning issues;
(4) 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:
a. Has earned a college degree in historic preservation;
b. Is responsible for the preservation, revitalization or adaptive reuse of historic
buildings; or
c. Is recognized by the city commission for contributions to historic preservation,
education or planning; and
(5) Three Two persons who are citizens at_large or engaged in general business in
the city:; and
fn A licensed professional engineer, licensed professional architect, or licensed
professional landscape architect with expertise in water resources; (ii) a person
licensed by the State of Florida in hydrology, water or wastewater treatment; o€
(iii) a person with a degree from an accredited college or university in a field of
study related to water resources: or iv) 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").
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(c) 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 management expert appointed to the planning
board pursuant to subsection (b)(6).
(d) The city commission may waive the residency requirements by a 5/7ths vote in the event
a person not meeting these requirements is available to serve on the board and is
exceptionally qualified by training and/or experience.
DIVISION 3.—DESIGN REVIEW BOARD
* * *
Sec. 118-72.- Membership.
(a) Composition. The design review board shall be composed of seven regular members. The
seven regular members shall consist of:
(1) Time One architects registered in the United States;
(2) An architect registered in the State of Florida or a member of the faculty of a school
of architecture, urban planning or urban design in the state, with practical or
academic expertise in the field of design, planning, historic preservation or the
history of architecture; or a professional practicing in the fields of architectural design
or urban planning;
(3) One landscape architect registered in the State of Florida;
(4) One architect registered in the United Stated, or a professional practicing in the fields
of architectural or urban design, or urban planning; or resident with demonstrated
interest or background in design issues; or an attorney in good standing licensed to
practice law within the United States;aro
(5) Two citizens at large:; and
(6) i A licensed •rofessional en•ineer licensed •rofessional architect or licensed
professional landscape architect with expertise in water resources; ii a •erson
licensed by the State of Florida in hydrology, water or wastewater treatment; o
(iii) a person with a degree from an accredited college or university in a field of
study related to water resources: or (iv) 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"),
One person appointed by the city manager from an eligibility list provided by the mayees
barrier free environment disability access committee shall serve in an advisory capacity with no
voting authority. The planning director, or designee, and the city attorney or designee, shall serve in
an advisory capacity.
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(b) Appointment. Design review board members shall be appointed with the concurrence of at
least four members of the city commission. An eligibility list for these professional
membership categories may include, but shall not be limited to, suggestions from the
following professional and civic associations as listed below:
(1)American Institute of Architects, local chapter.
(2)American Society of Landscape Architects, local chapter.
(3)The Miami Design Alliance.
(4)American Planning Association, local chapter.
(5)The Miami Design Preservation League and Dade Heritage Trust.
(6) Other city civic, neighborhood and property owner associations.
(c) 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 (a)(6). who need not reside in or have a principal place of business in
the county. The two citizens-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.
DIVISION 4. HISTORIC PRESERVATION BOARD
* * *
Sec. 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.
(3) Two at-large members, who have resided in one of the city's historic districts for at
least one year, and who have demonstrated interest and knowledge in architectural or
urban design and the preservation of historic buildings.
(4) An architect registered in the State of Florida with practical experience in the
rehabilitation of historic structures.
(5) —_ __ t- =_ _ _ -_- - =_ -_ - - --_-_ _____ _ t_ =_ _
- - - -- - -- -
-- -- - - -- - --- -- • - - ------=-=----- --------
historic structures; or an attorney at law licensed (to practice) in the United States, an
(i) A licensed professional engineer. licensed
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professional architect, or licensed professional landscape architect with expertise in
water resources; (ii) a person licensed by the State of Florida in hydrology. water or
wastewater treatment: (iii) a person with a degree from an accredited college or
university in a field of study related to water resources; or (iv) 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.
(6) A member of the faculty of a school of architecture in the State of Florida, 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 practicing in thc field of architectural or urban design or urban planning and
university faculty member of thc board and water management expert shall be
residents of; the city; provided, however, that the city commission may waive this the
residency requirement(if applicable) 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 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 71.411.e_2019.
ATTEST:
Rafael E. Granado
City Clerk
First Reading: May 8, 2019
Second Reading: June 5, 2019
Verified By:
Thomas R. ooneAICP
Planning Director
T:Wgenda\2019\06 June\Planning\Water Management Experts for LUB - Second Reading ORD.docx
Dan Gelber
Mayor
APPROVED AS TO FORM
AND NGUAGE
ANOR XECUTION
6-3-(61
City Attorney
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Date
Ordinances - R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 5, 2019
2:15 p.m. Second Reading Public Hearing
SUBJECT:WATER MANAGEMENT EXPERTS FOR DRB, PB,AND HPB
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE II, ENTITLED "BOARDS,"
DIVISION 2, ENTITLED "PLANNING BOARD," SECTION 118-53, ENTITLED
"COMPOSITION"; DIVISION 3, ENTITLED "DESIGN REVIEW BOARD,"
SECTION 118-72, ENTITLED "MEMBERSHIP";AND DIVISION 4, ENTITLED
"HISTORIC PRESERVATION BOARD," SECTION 118-103, ENTITLED
"MEMBERSHIP," TO AMEND THE COMPOSITION OF THE PLANNING
BOARD, DESIGN REVIEW BOARD, AND HISTORIC PRESERVATION
BOARD TO INCLUDE A CATEGORY FOR A WATER MANAGEMENT
EXPERT ON EACH BOARD; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
On January 16, 2019, pursuant to item C4 AG and at the request of Commissioner John Elizabeth
Aleman, the City Commission referred the subject discussion item to both the Land Use and
Development Committee (LUDC) and the Sustainability and Resiliency Committee (SRC). On
March 6, 2019 the LUDC discussed the item and continued it to April 3, 2019. Direction was given to
the administration to further study and evolve the membership categories on the HPB and DRB for a
water management expert.
On March 20, 2019, the SRC discussed the proposal and recommended approval. On April 3, 2019
the LUDC discussed the item and recommended that the City Commission refer an ordinance to the
Planning Board. The LUDC also requested that the City Attorney explore an alternative membership
composition, consisting of a rotating panel of water experts for the applicable city land use boards.
On April 10, 2019, at the City Commission referred the attached ordinance to the Planning Board
(Item C4 Z).
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PLANNING ANALYSIS
The ULI Miami Beach advisory services panel report includes a recommendation to add climate or
water management experts to the city land use boards: historic preservation board (HPB), design
review board (DRB) and planning board (PB). The Board of Adjustment is responsible for variances
and appeals of administrative decisions, and therefore, not recommended to be changed for this
purpose.
City staff has had internal discussions regarding potential options for integrating water management
and climate change experts into the land use board review process. In this regard, the land
development regulations (LDR's) are proposed to be amended to add a professional with water
management expertise within an existing membership category of the design review board (DRB),
historic preservation board (HPB) and planning board (PB). The DRB, HPB and PB currently
consist of seven (7) members with the following composition:
Design Review Board
(1)Two architects registered in the United States;
(2) An architect registered in the State of Florida or a member of the faculty of a school of
architecture, urban planning or urban design in the state, with practical or academic expertise in
the field of design, planning, historic preservation or the history of architecture; or a professional
practicing in the fields of architectural design or urban planning;
(3) One landscape architect registered in the State of Florida;
• (4) One architect registered in the United States, or a professional practicing in the fields of
architectural or urban design, or urban planning; or resident with demonstrated interest or
background in design issues; or an attorney in good standing licensed to practice law within the
United States;and
(5) Two citizens at large.
Historic Preservation Board
(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.
(3) Two at large members, who have resided in one of the city's historic districts for at least one
year, and who have demonstrated interest and knowledge in architectural or urban design and
the preservation of historic buildings.
(4)An architect registered in the State of Florida with practical experience in the rehabilitation of
historic structures.
(5)An architect registered in the United States, a landscape architect registered in the State of
Florida, a professional practicing in the field of architectural or urban design or urban planning,
each of the foregoing with practical experience in the rehabilitation of historic structures; or an
attorney at law licensed(to practice) in the United States, or an engineer licensed in the State of
Florida, each of the foregoing with professional experience and demonstrated interest in historic
preservation.
(6) A member of the faculty of a school of architecture in the State of Florida, 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.
Page 598 of 868
Planning Board
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:
(1) One architect registered in the State of Florida; or a member of the faculty 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 landscape architect registered in the
State of Florida; or a professional practicing in the fields of architectural or urban design, or
urban planning;
(2) One developer who has experience in developing real property; or an attorney in good
standing licensed to practice law within the United States;
(3) One attorney licensed to practice law in the State of Florida who has considerable
experience in land use and zoning issues;
(4) 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:
a. Has earned a college degree in historic preservation;
b. Is responsible for the preservation, revitalization or adaptive reuse of historic buildings;or
c. Is recognized by the city commission for contributions to historic preservation, education or
planning;and
(5) Three persons who are citizens at large or engaged in general business in the city.
Pursuant to the direction of the LUDC on March 6, 2019, the administration drafted a category for a
water management expert that is separate, with full voting rights. Currently, both the DRB and HPB
have two categories each, for at large members, and the planning board has a category for three at
large seats. The ordinance considered at first reading on May 8, 2019 proposed to replace one of
the at large membership categories on each board with a water management specialist, as follows:
Historic Preservation Board
(3)Twe One at large members, who hasve resided in one of the city's historic districts for at least one
year, and who hasve demonstrated interest and knowledge in architectural or urban design and the
preservation of historic buildings.
(4)A licensed, professional engineer, licensed professional architect or licensed professional
landscape architect, with expertise in water resources, or a person licensed by the State of Florida in
hydrology, water or wastewater treatment, or a person with a degree from an accredited college or
university in any water resources discipline.
Design Review Board
(5)Twe One citizens at large.
(6) A licensed professional engineer, licensed professional architect or licensed professional
landscape architect, with expertise in water resources, or a person licensed by the State of Florida in
hydrology, water or wastewater treatment, or a person with a degree from an accredited college or
university in any water resources discipline.
Planning Board
(5)Three Two persons who are citizens at large or engaged in general business in the city.
(6) A licensed professional engineer, licensed professional architect or licensed professional
landscape architect, with expertise in water resources, or a person licensed by the State of Florida in
Page 599 of 868
hydrology, water or wastewater treatment, or a person with a degree from an accredited college or
university in any water resources discipline.
PLANNING BOARD REVIEW
On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City
Commission with a favorable recommendation, by a vote of 4-2. The Planning Board recommended
that the new membership category be required to include a stakeholder within the city, either as a
business owner, resident or property owner.
UPDATE •
On May 8, 2019 the City Commission approved the subject ordinance at first reading, adding a water
management expert category to the planning board, HPB and DRB, with the following modifications:
1. The planning board membership categories remained the same, with a reduction of the number of
at large categories from three to two, and replacing one of the three at large categories with a water
management expert..
2. The DRB membership categories were modified to retain two at large members, and instead
replace one of the two architect categories with a water management expert.
3. The HPB membership categories were modified to retain two at large members, and instead
replace the following membership category with a water management expert:
(5) An architect registered in the United States, a landscape architect registered in the State of
Florida, a professional practicing in the field of architectural or urban design or urban planning,
each of the foregoing with practical experience in the rehabilitation of historic structures; or an
attorney at law licensed (to practice) in the United States, an engineer licensed in the State of
Florida.
4. The water management expert description has been expanded to include an individual with
floodplain experience, as follows:
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).
The aforementioned changes approved at first reading are included within the text of the ordinance
for second reading.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
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