93-20939 Reso •
RESOLUTION NO. 93-20939
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A
PUBLIC HEARING1 TO CONSIDER ADOPTING AN
AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE
NO. 89-2665, AMENDING SECTION 18, ENTITLED
"DESIGN REVIEW BOARD", AMENDING SUBSECTION 18-
1, ENTITLED "DESIGN REVIEW BOARD POWERS AND
DUTIES" BY PROVIDING THAT THE DESIGN REVIEW
BOARD SHALL HAVE AN EX OFFICIO MEMBER SELECTED
BY THE MAYOR'S BARRIER FREE ENVIRONMENT
COMMITTEE TO OFFER ADVICE REGARDING COMPLIANCE
WITH THE AMERICANS WITH DISABILITIES ACT.
WHEREAS, the City's Planning, Design and Historic Preservation
Division has recommended 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" by providing that the Design Review Board shall have an ex-
officio member selected by the Mayor's Barrier Free Environment
Committee to offer advice regarding compliance with the Americans
With Disabilities Act; providing for repealer, severability and an '
effective date; and
< WHEREAS, on Septembei• 28, 1993 the City's Planning Board held
a public hearing regardin the proposed amendment, after which the
Board voted 7 to 0 in favor of the amendment; and
WHEREAS, pursuant to Section 14 of the Zoning Ordinance No.
89-2665, the proposed amendment must now be considered by the City
Commission at public hearings.
NOW, THEREFORE, BE IIT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public
hearing to consider an ordinance amending Comprehensive Zoning
Ordinance No. 89-2665, amending Section 18, entitled "Design Review
Board", amending Subsection 18-1, entitled "Design Review Board
Powers and Duties" by providing that the Design Review Board shall
have an ex-officio member selected by the Mayor' s Barrier Free
Environment Committee to ,offer advice regarding compliance with the
Americans With Disabilities Act is hereby called to be held before
the City Commission in its chambers on the Third Floor of City
Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
November •17 , 1993 beginning at 4:30 p .m. , and the City Clerk
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is hereby authorized and directed to publish appropriate Public
Notice of the said Public Hearings in a newspaper of general
circulation in the City of Miami Beach, at which time and place all
interested parties will be heard.
PASSED and ADOPTED this 2Qthi day October , 1993.
ATTEST:
MAYOR
CITY CLERK
SUS:scf:disk5\DRBpower.res
FORM APPROVED
LEGAL DEPT.
By c 9
Date
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 585-9.3
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TO: Mayor Seymour Gelber and DATE: October 20, 1993
Members of the City Commission
FROM: Roger M. Carlt
City Manager
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SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2665 AMENDING SECTION
18, DESIGN REVIEW BOARD, PERTAINING TO COMPLIANCE WITH
THE AMERICANS WITH DISABILITIES ACT - SETTING OF PUBLIC
HEARING
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission set a
first reading public hearing on the attached ordinance amending
Zoning Ordinance 89-2665 for November 17, 1993 at a time certain.
BACKGROUND
The City Administration is requesting the City Commission to
consider an amendment to the current Zoning Ordinance regarding the
Design Review Board powers and duties. The Amendment proposes that
an ex-officio member be selected by the Mayor's Barrier Free
Environment Committee to offer advice concerning compliance with
the Americans with Disabilities Act for projects that are reviewed
by the Design Review Board. The ex-officio member would not have
voting status.
The Planning Board, at its meeting of September 28, 1993, voted
unanimously (7-0) to recommend in favor of the proposed amendment.
ANALYSIS
Since the Design Review Board already reviews construction plans
for concurrency requirements, in addition to, aesthetic and design
issues, it is appropriate to establish a process for comments
concerning a Barrier Free environment to be made at this stage of
project review.
Preliminary zoning comments are usually given to project architects
prior to Design Review Board meetings with the stipulation that
variances may be required or that the project may need revisions to
comply with the Zoning Code. In a similar fashion, the proposed
ex-officio member could provide comments regarding projects before
the Design Review Board to ensure that Federally mandated
handicapped accessibility requirements are met. This invaluable
input would not only be beneficial to property owners in reviewing
pending construction projects, but in the planning of future
projects to be in compliance with the Americans with Disabilities
Act.
The Administration believes that such an ex-officio member would be
helpful in gaining meaningful comments during the Design Review
process with regard to assuring barrier-free environments. We also
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AGENDA
ITEM + 1
DATE I 0-20_q 3
suggest that the appointment should be made by the City Manager
from a list of candidates provided by the Mayor's Barrier-Free
Environment Committee.
CONCLUSION
The Administration believes that the proposed amendment is
necessary in establishing policy and clarifying the Federally
mandated requirements for handicapped accessibility, for not only
new construction, but also the rehabilitation of existing
buildings. However, as mentioned in the analysis, we believe that
the amendment should be revised slightly to permit the City Manager
to make the appointment from a list of candidates provided by the
Mayor's Barrier-Free Committee. Accordingly, the Administration
has concluded that the City Commission should proceed to set a
public hearing for first reading of this amendment and that the
Ordinance be amended to address the issue of how the appointment is
to be made.
DJG:MHL:al
cc: John Dellagloria, Chief Deputy City Manager
a:PB (disk #2) \AMERDISA
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