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Resolution 2024-32964 RESOLUTION NOI 2024-32964 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING THE "AD HOC HISTORIC PRESERVATION ORDINANCE REVIEW ADVISORY COMMITTEE" FOR A PERIOD ENDING ON SEPTEMBER 1, 2024 (SUBJECT TO EARLIER OR LATER SUNSET BY THE CITY COMMISSION), TO CONDUCT A COMPREHENSIVE REVIEW OF THE CITY'S HISTORIC PRESERVATION REGULATIONS AND MAKE RECOMMENDATIONS TO IMPROVE/STREAMLINE THE REVIEW PROCESS FOR PROJECTS LOCATED IN HISTORIC DISTRICTS OR ON INDIVIDUAL HISTORIC SITES; AND PRESCRIBING 'THE PURPOSE, COMPOSITION, POWERS AND DUTIES OF THE COMMITTEE. WHEREAS, the City's Historic Preservation Ordinance was first adopted in 1982 and has been amended over time; and WHEREAS, the current Historic Preservation Ordinance is contained within Chapter 2, Article XIII of the Resiliency Code, and includes regulations specific to the Historic Preservation Board's review of projects, maintenance of designated properties, demolition by neglect, issuance of certificates of appropriateness for demolition and design, and historic designation procedures; and WHEREAS, the City has designated fourteen (14) historic districts, seventeen (17) individual historic sites, and thirty-one (31) historic single-family homes; and WHEREAS, it is in the best interest of the City to periodically evaluate current historic preservation regulations to ensure the protection and enhancement of historically designated properties throughout the City; and WHEREAS, on February 26, 2024,the Land Use and Sustainability Committee discussed this proposal and unanimously recommended in favor of the creation of the Ad Hoc Historic Preservation Ordinance Review Committee for the purpose of reviewing current historic preservation regulations and making recommendations to the Mayor and City Commission; and WHEREAS, the Ad Hoc Historic Preservation Oridnance Review Advisory Committee's primary objective shall be to provide recommendations to (1) incentivize the preservation of historic properties; (2) possible modifications to enhance the historic preservation review criteria; and (3)to improve and/or streamline the review process for projects located in historic districts or within individual historic sites; and WHEREAS, the purpose, composition, powers and duties of the Ad Hoc Historic Preservation Oridnance Review Advisory Committee are set forth in Exhibit A attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby establish the "Ad Hoc Historic Preservation Ordinance Review Committee" for a period ending on September 1, 2024 (subject to earlier or later sunset by the City Commission), to make recommendations on improving and streamlining the historic preservation review processes and customer experiences; and further, prescribing the purpose, composition, powers and duties of the committee. PASSED AND ADOPTED this /3 day of "TA 2024. ATTEST: Steven Meiner, Mayor MAR 1 5 2024 Raf el E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney k)k Date (Sponsored by Commissioner Alex Fernandez) 1INCORP HATED ,I/•Q4s, 6,A CH 2 � Exhibit A Ad Hoc Historic Preservation Ordinance Review Advisory Committee: Purpose, Composition, Power and Duties A. Purpose 1. The purpose of the Ad Hoc Historic Preservation Ordinance Review Advisory Committee (the "Committee") is to comprehensively assess and evaluate the City's current Historic Preservation Ordinance contained within Chapter 2, Article XIII of the Resiliency Code, and identify recommendations for: (1) incentivizing the preservation of historic properties, (2) possible modifications to enhance the historic preservation review criteria, and (3) improving and/or streamlining the review process for projects located in historic districts or within individual historic sites. 2. The Committee will meet on a monthly basis, or as frequently as the Committee deems necessary to make final recommendations. The Committee will sunset on September 1, 2024 unless determined by the Mayor and City Commission that it should sunset earlier or be extended. B. Membership Composition, Knowledge and Experience 1. The Committee shall be composed of seven (7)at-large appointments made by the Mayor and City Commission as a body. 2. Membership criteria for the Committee: individuals must be residents of the City for a minimum of two (2) years, or demonstrate ownership/interest in, or employment relationship with a business established in the City for a minimum of two (2) years. The foregoing requirement may be waived by majority vote of the City Commission for individuals with specific knowledge or expertise relative to historic preservation processes. Notwithstanding the foregoing, members appointed in categories (3)(d) through (f) shall be residents of the City of Miami Beach. 3. Members shall possess the following knowledge and expertise: a. An individual with financial expertise; b. An individual with real estate development expertise; c. An individual with construction expertise, particularly as to the renovation and restoration of historic buildings; d. A former member of the City's Historic Preservation Board; e. An individual with preservation experience, who also currently resides in a local historic district; f. A representative nominated by the Miami Design Preservation League (MDPL); g. An attorney licensed to practice law in the State of Florida. 4. Members of the Committee shall select a chairperson by majority vote at the Committee's first meeting. C. Power and Duties The Committee shall have the following powers and duties: a. To request the presence of a representative from the Planning Department, as needed at its meetings. b. To generate recommendations based on the Committee's insights, experiences, and observations. c. To prepare and submit a report to the City Commission with the Committee's findings and recommendations. D. Administrative Liaison The supporting department for the Committee shall be the City's Planning Department, and the City Attorney's Office shall provide counsel to the Committee. E. Conflict of interest In accordance with Florida law, under circumstances presenting a conflict of interest, an advisory board member must abstain from voting with respect to any measure in which the advisory board member has a personal, private, or professional interest and which inures to the member's special private gain/loss or the special private gain/loss of a principal by whom the member is retained. The City Attorney's Office liaison shall assist advisory board members in addressing any potential voting conflicts, as necessary. Resolutions-C7 2 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael Paz, City Attorney DATE: March 13,.2024 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING THE "AD HOC HISTORIC PRESERVATION ORDINANCE REVIEW ADVISORY COMMITTEE" FOR A PERIOD ENDING ON SEPTEMBER 1, 2024 (SUBJECT TO EARLIER OR LATER SUNSET BY THE CITY COMMISSION), TO CONDUCT A COMPREHENSIVE REVIEW OF THE CITY'S HISTORIC PRESERVATION REGULATIONS AND MAKE RECOMMENDATIONS TO IMPROVE/STREAMLINE THE REVIEW PROCESS FOR PROJECTS LOCATED IN HISTORIC DISTRICTS OR ON INDIVIDUAL•HISTORIC SITES; AND PRESCRIBING THE PURPOSE, COMPOSITION, POWERS AND DUTIES OF THE COMMITTEE. BACKGROUND/HISTORY Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying?No HISTORY On January 31, 2024,,at the request of Commissioner Alex Fernandez, the City Commission referred a discussion regarding the establishment of an Ad Hoc Historic Preservation Ordinance Review advisory committee (C4 H)to the Land Use and Sustainability Committee (LUSC). On February 26, 2024, the LUSC discussed this proposal and recommended that the City Commission establish an Ad Hoc Committee for the purpose of reviewing current historic preservation regulations and making recommendations to the Mayor and City Commission. BACKGROUND The City's first Historic Preservation Ordinance was adopted in 1982 and has been amended multiple times over the past four(4) decades. The current Historic Preservation Ordinance is contained within Chapter 2, Article XIII of the Resiliency Code, and includes regulations specific to the review of projects by the Historic Preservation Board (HPB), maintenance of designated properties and demolition by neglect, issuance of certificates of appropriateness,and historic designation procedures. Between 1983 and 2022, the City designated fourteen (14) historic districts, seventeen (17) local historic sites, and thirty-one (31) historic single-family homes,which are all subject to the regulations contained in the Historic Preservation Ordinance. ANALYSIS As recommended by the LUSC at their February 26, 2024 meeting, the attached resolution establishes an Ad Hoc Historic Preservation Ordinance Review Advisory Committee, for a limited period. The committee will be tasked with a comprehensive review of the City's historic preservation regulations and will provide recommendations to the City Commission regarding possible amendments. This may include the possible expansion of the Historic Preservation Board (HPB) review criteria, .as well as providing recommendations to improve and/or streamline the review process for projects located in historic districts or on individual historic sites. The purpose of the Ad Hoc Historic Preservation.Ordinance Review Advisory Committee (the "Committee") is to comprehensively assess and evaluate the City's current Historic Preservation Ordinance contained within Chapter 2, Article XIII of the Resiliency Code.Additionally,the committee will make recommendations for possible modifications to the historic preservation review criteria, and for improving and/or streamlining the review process for projects located in historic districts or within individual historic sites. The structure for the committee is detailed in the attached appendix. The Committee will automatically sunset on September 1, 2024(subject to an earlier or later sunset date, as may be determined by the City Commission). SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Applicable Area Citywide Is this a"Residents Right to Does this item utilize G.O. Know"item,_pursuant to Bond Funds? y Code Section 2-14? Yes No Strategic Connection Non-Applicable Legislative Tracking Office of the City Attorney/Planning sponsor Commissioner Alex Fernandez ATTACHMENTS: Description D Resolution Exhibit A Ad Hoc Historic Preservation Ordinance Review Advisory Committee: Purpose, Composition, Power and Duties A. Purpose 1. The purpose of the Ad Hoc Historic Preservation Ordinance Review Advisory Committee (the "Committee") is to comprehensively assess and evaluate the City's current Historic Preservation Ordinance contained within Chapter 2, Article XIII of the Resiliency Code, and identify recommendations for: (1)incentivizing the preservation of historic properties, (2) possible modifications to enhance the historic preservation review criteria, and (3) improving and/or streamlining the review process for projects located in historic districts or within individual historic sites. 2. The Committee will meet on a monthly basis, or as frequently as the Committee deems necessary to make final recommendations. The Committee will sunset on September 1, 2024 unless determined by the Mayor and City Commission that it should sunset earlier or be extended. B. Membership Composition, Knowledge and Experience 1. The Committee shall be composed of seven(7)at-large appointments made by the Mayor and City Commission as a body. 2. Membership criteria for the Committee: individuals must be residents of the City for a minimum of two (2) years, or demonstrate ownership/interest in, or employment relationship with a business established in the City for a minimum of two (2) years. The foregoing requirement may be waived by majority vote of the City Commission for individuals with specific knowledge or expertise relative to historic preservation processes. Notwithstanding the foregoing, members appointed in categories (3)(d) through (f) shall be residents of the City of Miami Beach. 3. Members shall possess the following knowledge and expertise: a. An individual with financial expertise; b. An individual with real estate development expertise; c. An individual with construction expertise, particularly as to the renovation and restoration of historic buildings; d. A former member of the City's Historic Preservation Board; e. An individual with preservation experience, who also currently resides in a local historic district; f. A representative nominated by the Miami Design Preservation League (MDPL); g. An attorney licensed to practice law in the State of Florida. 4. Members of the Committee shall select a chairperson by majority vote at the Committee's first meeting. C. Power and Duties The Committee shall have the following powers and duties: a. To request the presence of a representative from the Planning Department, as needed at its meetings. b. To generate recommendations based on the Committee's insights, experiences, and observations. c. To prepare and submit a report to the City Commission with the Committee's findings and recommendations. D.Administrative Liaison The supporting department for the Committee shall be the City's Planning Department, and the City Attorney's Office shall provide counsel to the Committee. E. Conflict of interest In accordance with Florida law, under circumstances presenting a conflict of interest, an advisory board member must abstain from voting with respect to any measure in which the advisory board member has a personal,private,or professional interest and which inures to the member's special private gain/loss or the special private gain/loss of a principal by whom the member is retained. The City Attorney's Office liaison shall assist advisory board members in addressing any potential voting conflicts, as necessary.