Ordinance 2020-4353 Design Review Board Advisory Review
ORDINANCE NO. 2020-4353
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED
"LAND DEVELOPMENT REGULATIONS," BY AMENDING
CHAPTER 118 OF THE CITY CODE, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," BY
AMENDING ARTICLE VI, ENTITLED "DESIGN REVIEW
PROCEDURES," BY AMENDING SECTION 118-252, ENTITLED
"APPLICABILITY AND EXEMPTIONS," TO CREATE A
PROCEDURE FOR THE DESIGN REVIEW BOARD TO
CONDUCT A NON-BINDING, ADVISORY REVIEW OF THE
DESIGN OF CERTAIN RIGHT-OF-WAY AND/OR
NEIGHBORHOOD IMPROVEMENT PROJECTS; AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, on April 11, 2018,the City Commission referred a discussion item to the Land
Use and Development Committee regarding the role of Land Use Boards in the review of
neighborhood improvement projects; and
WHEREAS, following a discussion on May 6, 2020, the Land Use and Sustainability
Committee ('LUSC")recommended that the City Commission refer an Ordinance to the Planning
Board, requiring the Design Review Board to conduct a non-binding,advisory review of the design
of certain right-of-way and/or neighborhood improvement projects; and
WHEREAS, on June 24, 2020, the City Commission referred this item to the Planning
Board; and
WHEREAS, the intent of this Ordinance is to elevate the aesthetics of above-ground City
infrastructure, and promote compatibility with the site of a project, adjacent structures, and
surrounding community; and
WHEREAS, the Climate Resiliency and Sustainability Element of the 2040
Comprehensive Plan, at Principle 1, "Maintaining Urgency," provides that"[tike City will continue
to prioritize climate adaptation efforts and policies that enhancefl public and private infrastructure,
and shall encourage other coastal communities to be proactive and innovative in their efforts to
mitigate against climate change"; and
WHEREAS, the Design Review Board's advisory review of each project, subject to the
design review criteria and resiliency review criteria, will promote consistency with Principle 1 of
the Climate Resiliency and Sustainability Element; and
Page 659 of 1855
WHEREAS, Principle 2 of the Climate Resiliency and Sustainability Element, entitled
"Using Incrementalism," provides that"[tike City shall design all future infrastructure plans to be
adaptive to emerging technologies and data on climate change and sea-level rise,as well as input
from affected community members to develop inclusive and innovative solutions"; and
WHEREAS, Principle 3 of the Climate Resiliency and Sustainability Element, entitled
"Ensuring Transparency," provides that "[t]he City shall provide access to information related to
climate change science and climate adaption efforts to residents and other stakeholders, and
shall engage in outreach activities as appropriate so that the community is knowledgeable in
making adaptation investments"; and
WHEREAS, this Ordinance establishes a public process, including a public notice
requirement, to obtain input from City residents and community members, consistent with
Principles 2 and 3; and
WHEREAS, Principle 7 of the Climate Resiliency and Sustainability Element, entitled
"Preserving Cultural Identity," provides that "[t)he City shall embrace its unique character and
history by incorporating art into adaptation efforts"; and
WHEREAS, input from the Design Review Board will promote the incorporation of art into
the City's adaptation efforts, consistent with Principle 7; and
WHEREAS, Principle 9 of the Climate Resiliency and Sustainability Element, entitled
"Managing Water," provides that "the City shall continue to strive to be a leader in adapting to a
changing climate and sea-level rise by preserving and sustainably managing the City's water
environmental and recreational resources; and
WHEREAS, this Ordinance is consistent with Principle 9; and
WHEREAS, the proposed amendments are consistent with the principles, goals,
objectives, and policies of the 2040 Comprehensive Plan; 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. Chapter 118, "Administration and Review Procedures" at Article VI, entitled"Design
Review Procedures, Section 118-252 entitled "Applicability and exemptions," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida, is hereby amended
follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
t
ARTICLE VI
DESIGN REVIEW PROCEDURES
* *
Page 660 of 1855
Sec. 118-252. Applicability and exemptions
Lc,) Advisory review. The Design Review Board shall be required to review certain specified
City neighborhood projects, stormwater pump stations, and related apparatus (which are
otherwise exempt from design review pursuant to subsection (a)(1)), in a non-binding,
advisory capacity, and provide written recommendations on such projects to the City
Commission, subject to the following regulations:
City projects subject to advisory review. The scope of the Design Review Board's
advisory review pursuant to this subsection (c), shall be limited to the following
projects:
a. Stormwater pump stations and related apparatus;
b. The location and screening of above-ground infrastructure:
c. The design of new street lighting;
d. The above-ground design of non-standard materials for newly constructed
sidewalks, streets and crosswalks;
e. The above-ground design of new roadway medians, traffic circles, and plazas;
f. Protected bike lanes;
a. Roadway elevations in excess of six inches above the existing crown of road;
h. Pedestrian bridges; and
i. Master neighborhood improvement plans which involve and integrate any of the
above elements.
(2) Timeframe for review. The Design Review Board shall review the project and
provide an advisory recommendation within 35 days of the first Design Review
Board meeting at which the project is reviewed. Any recommendations of the
Design Review Board shall be transmitted to the City Commission via Letter to
Commission. Notwithstanding the foregoing, the requirement set forth in this
paragraph shall be deemed to have been satisfied in the event that the Design
Review Board fails, for any reason whatsoever, to review a project and/or provide
a recommendation to the City Commission within the 35-day period following the
first meeting at which the project is reviewed.
(31 Substantial changes. If the design of a project should change substantially, as
determined by the Planning Director, after it has been reviewed by the Design
Review Board. the Board shall be required to review the changes to the design.
(4) Waiver. Upon a written recommendation of the City Manager,the City Commission
may, by maiority vote, waive the advisory review required pursuant to this
Page 661 of 1855
subsection (c}, if the City.Commission finds such waiver to be in the best interest
of the City.
(5) Notice. The advisory review by the Design Review Board shall be noticed by
publication in a newspaper of general circulation at least 15 days in advance of the
meeting. Additionally. for stormwater pump stations and related apparatus, notice
shall be posted on the land subject to the application, and mailed to owners of
record of land lying within 375 feet of the land pursuant to Section 118-8.
Exceptions. Advisory review pursuant to this subsection (c) shall not be required
for:
a. Emergency work.
b. Crosswalk projects that address compliance with the Americans with Disabilities
Act and Florida Accessibility Code.
c. Lighting improvements for public safety purposes.
d. Routine maintenance and utility repair work.
e. Projects for which a notice to proceed with construction has been issued on or
before September 30, 2020.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. 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 renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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.
Page 662 of 1855
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this- !G day of seP`kmb-e'' , 2020.
Dan elber, ay
ATTEST:
I1 Z titr.8
Rafael E. Granado, City lerk
APPROVED AS TO FORM AND
-'`,..:.•
LANGUAGE AND FOR EXECUTION
_\ hP�1f•rgc,,
r'' S t'',
ii iNCURFUR.�TEi ` 7 (c.1 i fz ')
01-1 25-- City Attorney L)1 --
Date
First Reading: July 29, 2020
Second Reading: September 16, 207
Verified by: 11 L L A
- -
Thomas R. Mooney, ; CP
Planning Director
T:1Agenda12020107 July\Planning\DRB Advisory Process-First Reading ORD.docx
Page 663 of 1855
I
Ordinances- R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 16, 2020
9:10 a.m.Second Reading Public Hearing
SUBJECT: DESIGN REVIEW BOARD ADVISORY PROCESS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 118 OF THE CITY CODE,
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY
AMENDING ARTICLE VI, ENTITLED "DESIGN REVIEW PROCEDURES,"
BY AMENDING SECTION 118-252, ENTITLED "APPLICABILITY AND
EXEMPTIONS," TO CREATE A PROCEDURE FOR THE DESIGN REVIEW
BOARD TO CONDUCT A NON-BINDING, ADVISORY REVIEW OF THE
DESIGN OF CERTAIN RIGHT-OF-WAY AND/OR NEIGHBORHOOD
IMPROVEMENT PROJECTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUNDIHISTORY
On April 11, 2018, at the request of Commissioner Mark Samuelian, the City Commission
referred the discussion item to the Land Use and Development Committee (Item C4N). On
May 23, 2018,the LUDC discussed the item and continued it to a date certain of July 18, 2018,
with direction to staff to look at different potential options. On July 18, 2018 the item was
deferred to September 28, 2018.
On September 28, 2018 the item was deferred to the December 2018 LUDC meeting. Since
the December 2018 LUDC was cancelled, the item was moved to the January 2019 LUDC
agenda. The January 2019 LUDC agenda was moved to February 20,2019.
On February 20, 2019, the item was deferred to the April 3, 2019 LUDC meeting. On April 3,
2019 the item was continued to the May 22, 2019 LUDC. On May 22, 2019 the item was
deferred to the June 12, 2019 LUDC. On June 12, 2019 the item was deferred to the July 24,
2019 LUDC. On July 24, 2019 the item was deferred to the September 18, 2019 LUDC.
On September 18, 2019 the item was deferred to the December 2, 2019 LUDC. The
Page 655 of 1855
December 2, 2019 LUDC was cancelled, and the item was moved to the January 21, 2020
agenda of the newly created Land Use and Sustainability Committee (LUSC). On January 21,
2020 the item was deferred to the February 18, 2020 LUSC. On February 18, 2020 the item
was deferred to the March 17, 2020 LUSC. The March 17, 2020 LUSC meeting was
postponed, and the item was moved to the May 6, 2020 agenda.
On May 6,2020 the LUSC discussed the item and recommended that the City Commission
refer an ordinance to the Planning Board that includes the following:
1. Establish a procedure for DRB advisory review of certain types of right-of-way and
neighborhood projects.
2. Goal is to elevate aesthetics.
3. Establish a timeframe for the review by the DRB,as well as a process for the City Manager to
seek a waiver from the advisory review by the City Commission.
4. Types of projects subject to advisory review would be above ground improvements.
5. Establish a public notice requirement.
On June 24, 2020, the administration presented two versions of the ordinance, both of which
reflected the direction of the LUSC provided on May 6, 2020, to the City Commission for
referral to the Planning Board:
•Version A(Sponsor Version)
•Version B (Administration Version)
Version B of the ordinance included the following additional exception to DRB advisory review.
• Projects for which an agreement has been approved by the City Commission on or before
September 30, 2020.
Additionally,version B of the ordinance did not contain the following areas that would be subject
to advisory review by the DRB in version A:
• Stormwater pump stations and related apparatus are included as part of the advisory review.
Additionally, for stormwater pump stations and related apparatus, notice shall be posted on the
land subject to the application and mailed to owners of record of land lying within 375 feet of the
land pursuant to Section 118-8.
• Roadway elevations in excess of six inches above the existing crown of road are included as
part of the advisory review.
• Master neighborhood improvement plans which involve and integrate the scope of projects
noted above are included as part of the advisory review.
At the request of the Commissioner Mark Samuelian, the City Commission referred Version A
of the ordinance(C4A)to the Planning Board for review and recommendation.
ANALYSIS
Page 656 of 1855
PLANNING ANALYSIS
The proposed amendment to Sec. 118-252 of the Land Development Regulations creates a
non-binding, Design Review Board (DRB)advisory review for City neighborhood projects. This
advisory review process is for projects that are substantially above ground, and primarily for
aesthetics. The following is a summary of the proposed review process:
Scope
The following City neighborhood projects would be subject to advisory review by the DRB:
1. Stormwater pump stations and related apparatus.
2. The location and screening of above ground infrastructure.
3. The design of new street lighting.
4. The above ground design of non-standard materials for newly constructed sidewalks, streets
and crosswalks.
5. The above ground design of new roadway medians,traffic circles and plazas.
6. Protected bike lanes.
7. Pedestrian bridges.
8. Roadway elevations in excess of six inches above the existing crown of road.
9. Master neighborhood improvement plans which involve and integrate the scope of projects
noted above.
Time Period for Review
• The DRB would need to review an applicable project and provide an advisory
recommendation within 35 days of the first Board meeting at which the project is reviewed.
• The recommendation of the DRB would be transmitted to the City Commission via Letter to
Commission.
• If the design of a project should change substantially, as determined by the Planning Director,
after it has been reviewed by the Board, the Design Review Board shall be required to review
any changes to the design.
• Upon a written recommendation of the City Manager, the City Commission may, by majority
vote, waive the DRB advisory review requirement if the City Commission finds such waiver to
be in the best interest of the City.
Required Notice
The advisory review would be noticed by publication in a newspaper of general circulation at
least 15 days in advance of the DRB meeting. For stormwater pump stations and related
apparatus, notice shall be posted on the land subject to the application and mailed to owners of
record of land lying within 375 feet of the land pursuant to Section 118-8.
Exceptions
The advisory review by the DRB would not be required for the following:
1. Emergency work.
2. Crosswalk projects that address ADA and Florida Accessibility Compliance.
3. Lighting improvements to address safety concerns.
4. Routine maintenance and utility repair work.
5. Projects for which a notice to proceed for construction has been issued by September 30,
2020.
The administration has no objection to the proposed DRB review process as it is advisory only,
applies to projects that are substantially above ground, and is primarily for aesthetics.
Page 657 of 1855
PLANNING BOARD REVIEW
The Planning Board held a public hearing on July 27, 2020 and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
The subject ordinance was approved at first reading on July 29, 2020 with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Js this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Vice-Mayor Mark Samuelian
ATTACHMENTS:
Description
o Form Approved- ORD
Page 658 of 1855