Ordinance 2024-4649Architect and Landscape Architect Land Use Board Categories
ORDINANCE NO, 2024-4649
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE, AT CHAPTER 2, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE I, ENTITLED "LAND USE
BOARDS," SECTION 2.1.2, ENTITLED "PLANNING BOARD," AT
SECTION 2.1.2.2, ENTITLED "MEMBERSHIP AND APPOINTMENT";
SECTION 2.1.3, ENTITLED "DESIGN REVIEW BOARD," AT SECTION
2.1.3.2, ENTITLED "MEMBERSHIP AND APPOINTMENT"; AND
SECTION 2.1.4, ENTITLED "HISTORIC PRESERVATION BOARD," AT
SECTION 2.1.4.3, ENTITLED "MEMBERSHIP AND APPOINTMENT";
AND SECTION 2.1.5, ENTITLED "BOARD OF ADJUSTMENT," AT
SECTION 2.1.5.2, ENTITLED "MEMBERSHIP"; TO AMEND THE
REQUIREMENTS FOR THE ARCHITECT AND LANDSCAPE
ARCHITECT CATEGORIES, AS APPLICABLE; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, each of the City's Land Use Boards have different requirements for
architecture and landscape architecture professionals; and
WHEREAS, the Design Review Board requires a minimum of one (1) architect and one
1) landscape architect registered in the State of Florida; and
WHEREAS, the Historic Preservation Board requires a minimum of one (1) architect
registered in the State of Florida; and
WHEREAS, the Board of Adjustment requires a minimum of one (1) architect registered
in the State of Florida; and
WHEREAS, the Planning Board requires a minimum of one (1) architect registered in the
State of Florida; however, this position may be filled by a member of the faculty of a school of
architecture or a professional practicing in the field of architectural or urban design or urban
planning; and
WHEREAS, the City Commission desires to expand the membership categories by
amending the requirements for architects and landscape architects on the Design Review Board,
Historic Preservation Board, and Board of Adjustment; 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 2 of the Miami Beach Resiliency Code, entitled "General Provisions,"Article
II, entitled "Definitions," is hereby amended as follows:
CHAPTER 2
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE I — LAND USE BOARDS
2.1.2 PLANNING BOARD
2.1.2.2 Membership and appointment
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. 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 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 or experience in historic preservation issues. For
purposes of this section, the term "education 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;
5. Two persons who are residents at-large and currently reside in the city and have
resided in the city for at least three consecutive years at the time of appointment or
reappointment. Additionally, strong preference shall be given to individuals who have
previously served on a Miami Beach board or committee or completed the Miami
Beach Leadership Academy course, and to individuals not currently working in the
fields of real estate development, real estate brokerage/sales, real estate law, or
architecture; and
6. One of the following:
A. A licensed professional engineer, licensed professional architect, or licensed
professional landscape architect with expertise in water resources;
B. A person licensed by the State of Florida in hydrology, water or wastewater
treatment;
C.A person with a degree from an accredited college or university in a field of study
related to water resources; or
D.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").
E. A person who is a resident at-large and currently resides in the city and has resided
in the city for at least three consecutive years at the time of appointment or
reappointment.
c. Except as provided in subsection (b)(5) and (b)(6)(E), 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
resource expert appointed to the planning board pursuant to subsection (b)(6)(A-D).
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 or experience.
2.1.3 DESIGN REVIEW BOARD
2.1.3.2 Membership and appointment
a. The Design Review 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. One person appointed by the city manager from an eligibility list provided by
the disability access committee shall serve in an advisory capacity with no voting authority.
The planning director or designee, and city attorney or designee, shall serve in an advisory
capacity.
b. The Design Review Board shall consist of the following seven regular members:
1. One architect registered in the United States; or a professional practicing in the field of
architecture or architectural design.
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; or a professional practicing in
the field of landscape architecture.
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;
5. Two persons who are residents at-large and who currently reside in the city and have
resided in the city for at least three consecutive years at the time of appointment or
reappointment. Additionally, strong preference shall be given to individuals who have
previously served on a Miami Beach board or committee or completed the Miami Beach
Leadership Academy course, and to individuals not currently working in the fields of real
estate development, real estate brokerage/sales, real estate law, or architecture; and
6. One of the following:
A. A licensed professional engineer, licensed professional architect, or licensed
professional landscape architect with expertise in water resources;
B. A person licensed by the State of Florida in hydrology, water or wastewater treatment;
C. A person with a degree from an accredited college or university in a field of study
related to water resources; or
D. 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").
E. A person who is a resident at-large and currently resides in the city and has resided in
the city for at least three consecutive years at the time of appointment or
reappointment.
c. Eligibility. 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.
d. 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 (b)(6)(A-D), who need not reside in or have a principal place of
business in the county, and except as otherwise provided in subsection (b)(5)and (b)(6)(E).
The two resident 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.
2.1.4 HISTORIC PRESERVATION BOARD
2.1.4.3 Membership and appointment
a. The Historic Preservation Board shall be composed of the following seven members,
appointed with the concurrence of at least four members of the City Commission:
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..-, or a professional practicing in the field of architecture or landscape
architecture with experience in the rehabilitation of historic structures.
5. One of the following:
A. A licensed professional engineer, licensed professional architect, or licensed
professional landscape architect with expertise in water resources;
B. A person licensed by the State of Florida in hydrology, water or wastewater
treatment;
C. A person with a degree from an accredited college or university in a field of study
related to water resources; or
D. 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.
E. A person who is a resident at-large and currently resides in the city and has resided
in the city for at least three consecutive years at the time of appointment or
reappointment.
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, university faculty member, and water
management expert shall be residents of the city; provided, however, that the City
Commission may waive the residency requirement (if applicable) by a 5/7ths vote, in the
event a person not meeting the residency requirements is available to serve on the board
and is exceptionally qualified by training 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.
c. Eligibility
An eligibility list solicited from, but not limited to, the organizations listed below may be
considered by the City Commission in selecting board members:
1. American Institute of Architects, local chapter.
2. Miami Design Preservation League.
3. Miami Beach Chamber of Commerce.
4. Miami Beach Development Corporation.
5. Dade Heritage Trust.
6. Florida Engineer Society, local chapter.
Any other organization deemed appropriate by the city commission.
2.1.5 BOARD OF ADJUSTMENT
2.1.5.2 Membership
a. The Board of Adjustment shall be composed of seven voting members..
1. One member shallbe an architect registered in the State of Florida, or a
professional practicing in the field of architecture or landscape architecture;
2. Two L2) members shall be appointed as citizens at-large;.and
3. Four (4) members shall be appointed from each of the following categories (no more
than one per category), namely:
a Law,
b. Engineering,
c. Real estate development,
d. Certified public accounting,
a Financial consultation,and
f. General business.
b. The members representing the professions of law, architecture, engineering and public
accounting shall be duly licensed by the State of Florida;,
c. The member representing general business shall be of responsible standing in the
community;,
d. The member representing the field of financial consultation shall be a certified public
accountant, chartered financial analyst, certified financial planner, a chartered financial
consultant or investment advisor registered with the Securities and Exchange Commission,
or someone recognized as having similar credentials and duly licensed by the State of
Florida.
a Members shall be appointed by a five-sevenths vote of the City Commission. Members of
the board must be either residents of or have their principal place of business in the city.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 30 day of 4GTy6ei/ 2024.
tr:owiet
Steven Meiner, Mayor
ATTEST:
7—A NOV 0 5 2024
Rafael E. Granado, City Clerk APPROVED AS TO
i.;M!. .rq'c,,, FORM AND LANGUAGE
FOR EXECUTION
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Verified by: Sponsored by Commissioner Tanya K. BhattThomasR. Moon y, AICP
Planning Director
T:\Agenda\2024\6 June 2024\Planning\Architect and Landscape Architect LUB Categories-First Reading ORD.docx
Ordinances -R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Manager Eric Carpenter
DATE: October 30, 2024 10:15 a.m. Second Reading Public Hearing
TITLE: ARCHITECT AND LANDSCAPE ARCHITECT LAND USE BOARD CATEGORIES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE,
AT CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE I, ENTITLED "LAND USE BOARDS," SECTION 2.1.2, ENTITLED
PLANNING BOARD," AT SECTION 2.1.2.2, ENTITLED "MEMBERSHIP AND
APPOINTMENT"; SECTION 2.1.3, ENTITLED "DESIGN REVIEW BOARD," AT
SECTION 2.1.3.2, ENTITLED "MEMBERSHIP AND APPOINTMENT"; AND
SECTION 2.1.4, ENTITLED "HISTORIC PRESERVATION BOARD," AT SECTION
2.1.4.3, ENTITLED "MEMBERSHIP AND APPOINTMENT"; AND SECTION 2.1.5,
ENTITLED "BOARD OF ADJUSTMENT," AT SECTION 2.1.5.2, ENTITLED
MEMBERSHIP"; TO AMEND THE REQUIREMENTS FOR THE ARCHITECT AND
LANDSCAPE ARCHITECT CATEGORIES, AS APPLICABLE; AND PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On December 13, 2023, at the request of Commissioner Tanya K. Bhatt, the City Commission
referred a discussion pertaining to the recruitment of qualified architects and landscape architects
for City Land Use Boards (C4 Q) to the Land Use and Sustainability Committee (LUSC). On
February 26, 2024 the LUSC discussed the item and recommended that the City Commission
refer an ordinance amendment to the Planning Board to provide more options within the architect
and landscape architect categories of all land use boards (LUB).
On March 13, 2024, at the request of Commissioner Tanya K. Bhatt,the City Commission referred
an ordinance to the Planning Board o amend the Land Development Regulations f the City Code
LDRs)'to expand the LUB archit ct arid landscape architect membership categories to include
additional options for non-registered design professionals (item C4,O).
ANALYSIS
Each of the City's LUBs have different requirements for architecture or landscape architecture
professionals, as follows:
Design Review Board: a minimum of one (1) architect and one (1) landscape architect
registered in the State of Florida.
Historic Preservation Board: a minimum of one(1)architect registered in the State of Florida.
Board of Adjustment: a minimum of one (1) architect registered in the State of Florida.
Page 809 of 2497
Planning Board: a minimum of one (1) architect or landscape architect registered in the
State of Florida. However, for the Planning Board, there is an option for a member of the
faculty of a school of architecture or a professional practicing in the field of architectural or
urban design or urban planning to fill this membership position.
In the past, an issue raised by architecture and landscape architecture professionals when
considering whether to seek appointment to a City of Miami Beach LUB is the ability to work on
projects within the City. Often, potential board members are concerned about a conflict with
Section 2-459 of the City Code, pertaining to prohibited appearances. Specifically, Section 2-459
of the Code prohibits professionals, whether directly or indirectly, from engaging in any lobbying
activity within the city.
Having development review boards with balanced perspectives, as well as practical experience
in the fields of architecture or landscape architecture, is highly desirable. To expand upon the
membership categories for architect and landscape architect the attached ordinance includes the
following modifications for the Design Review Board, Historic Preservation Board, and Board of
Adjustment:
Design Review Board:
1. One architect registered in the United States or a professional practicing in the field of
architecture or architectural design.
2. One landscape architect registered in the State of Florida; or a professional practicing in
the field of landscape architecture.
Historic Preservation Board:
1. An architect registered in the State of Florida with practical experience in the rehabilitation
of historic structures-, or a professional practicing in the field of architecture or landscape
architecture with experience in the rehabilitation of historic structures.
Board of Adjustment:
1. One in member shall be an architect registered in the State of Florida, or a
professional practicing in the field of architecture or landscape architecture.
There is no stand-alone landscape architecture position for the Historic Preservation Board, Board
of Adjustment, or Planning Board. As the Planning Board already provides sufficient options for
the Architect position no changes are proposed to the membership categories of the Planning
Board.•
rr
PLANNING BOAR[ REVIEW
On May 28, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the.City Commission with a favorable recommendation (6-0).
UPDATE
On July 24, 2024, the subject ordinance was approved by the City Commission at First Reading,
with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected.
Page 810 of 2497
Does this Ordinance require a Business Impact Estimate? Yes
FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on 9127/2024.
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
6
Condensed Title
10:15 a.m. 2nd Rdg, Architect and Landscape Architect Land Use Board Categories. (Bhatt) PL
Page 811 of 2497