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.