Ordinance 2024-4650 Historic Architectural Tour Requirements for Land Use Board Members
(Amended at Second Reading)
ORDINANCE NO. 2024-4650
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 "MIAMI BEACH
RESILIENCY CODE," CHAPTER 2, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE I, ENTITLED "LAND USE
BOARDS," AT SECTION 2.1.2, ENTITLED "PLANNING BOARD";
SECTION 2.1.3, ENTITLED"DESIGN REVIEW BOARD"; SECTION 2.1.4,
ENTITLED "HISTORIC PRESERVATION BOARD"; AND SECTION 2.1.5,
ENTITLED "BOARD OF ADJUSTMENT"; TO ESTABLISH A
REQUIREMENT THAT ANY INDIVIDUAL APPOINTED TO SERVE ON A
LAND USE BOARD MUST COMPLETE AN ARCHITECTURAL WALKING
TOUR IN MIAMI BEACH; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the Miami Design Preservation League ("MDPL") is a not-for-profit
preservation and arts organization that preserves, protects, and promotes the architectural,
cultural, social and environmental integrity of Miami Beach and surrounding areas; and
WHEREAS, MDPL offers walking tours that provide an introduction to the Art Deco,
Mediterranean Revival, and Miami Modern (MiMo) styles of architecture found within the Miami
Beach Architectural District; and
WHEREAS, the City's Land Use Boards play a crucial role in preserving the cultural
heritage and architectural integrity of our community; and
WHEREAS,familiarity with local architectural styles and historical significance is essential
for members of these boards to effectively carry out their duties; and
WHEREAS, MDPL tours provide valuable insight into the City's unique architectural
heritage and identity.
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 "Administration and Review
Procedures," Article I, entitled "Land Use Boards," 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").
c. Except as provided in subsection (b)(5), 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).
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.
e. Each voting member of the board shall be required to complete the Art Deco an architectural
wWalking ;tour offered by the Miami Design Preservation League (MDPL), which includes
the National Register Architectural District in South Beach ander an historic district in North
Beach. In the event tours offered by MDPL are no longer available, this requirement may
be satisfied by completing a similar architectural tour conducted by an educational or non-
profit organization as may be approved by resolution of the city commission. Members shall
use their reasonable best efforts to complete the tour within sixty (60) days of their initial
appointment.
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;
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;
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").
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), who need not reside in or have a principal place of business
in the county, and except as otherwise provided in subsection (b)(5). 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.
e. Each voting member of the board shall be required to complete the Art Deco an architectural
wWalking TIour offered by the Miami Design Preservation League (MDPL)., which includes
the National Register Architectural District in South Beach and/of an historic district in North
Beach. In the event tours offered by MDPL are no longer available, this requirement may
be satisfied by completing a similar architectural tour conducted by an educational or non-
profit organization as may be approved by resolution of the city commission. Members shall
use their reasonable best efforts to complete the tour within sixty (60) days of their initial
appointment.
2.1.4 HISTORIC PRESERVATION BOARD
2.1.4.2 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.
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.
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.
e. Each voting member of the board shall be required to complete the Art Deco an architectural
wWalkinq Stour offered by the Miami Design Preservation League (MDPL), which includes
the National Register Architectural District in South Beach ander an historic district in North
Beach. In the event tours offered by MDPL are no longer available, this requirement may
be satisfied by completing a similar architectural tour conducted by an educational or non-
profit organization as may be approved by resolution of the city commission. Members shall
use their reasonable best efforts to complete the tour within sixty (60) days of their initial
appointment.
2.1.5 BOARD OF ADJUSTMENT
* * *
2.1.5.2 Membership
a. The Board of Adjustment shall be composed of seven voting members. One member shall
be an architect registered in the State of Florida,two members shall be appointed as citizens
at-large and four members shall be appointed from each of the following categories (no
more than one per category), namely: Law, , engineering, real estate development, certified
public accounting, financial consultation and general business. The members representing
the professions of law, architecture, engineering and public accounting shall be duly
licensed by the State of Florida; the member representing general business shall be of
responsible standing in the community; 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. 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.
b. Each voting member of the board shall be required to complete the-Art-Deco an architectural
wWalkinq Pour offered by the Miami Design Preservation League (MDPL), which includes
the National Register Architectural District in South Beach and/or an historic district in North
Beach. In the event tours offered by MDPL are no longer available, this requirement may
be satisfied by completing a similar architectural tour conducted by an educational or non-
profit organization as may be approved by resolution of the city commission. Members shall
use their reasonable best efforts to complete the tour within sixty (60) days of their initial
appointment.
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 maybe 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 OCQ0C , 2024.
•
ATTEST:
Steven Meiner, Mayor
NOV 0 5 2024
_1A1
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
(,r )w zl-
City Attorney jt Date
First Reading: July 24, 2024
Second Reading: •ctober 30, .024,
Sponsored by Commissioner Kristen Rosen Gonzalez
Verified By: Co-Sponsored byCommissioner Alex J.Fernandez
p
Tho' as R. Mo•ney, A CP
Planning Director
T:\Agenda\2024\9 October 2024\Planning\Historic Tour Requirement for LUB Members-Second Reading ORD ADOPTED.docx
Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Manager Eric Carpenter
DATE: October 30, 2024 10:20 a.m. Second Reading Public Hearing
TITLE: HISTORIC ARCHITECTURAL TOUR REQUIREMENT FOR LUB MEMBERS
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 "MIAMI BEACH RESILIENCY CODE," CHAPTER 2,
ENTITLED"ADMINISTRATION AND REVIEW PROCEDURES,"ARTICLE I, ENTITLED
"LAND USE BOARDS," AT SECTION 2.1.2, ENTITLED "PLANNING BOARD";
SECTION 2.1.3, ENTITLED "DESIGN REVIEW BOARD"; SECTION 2.1.4, ENTITLED
"HISTORIC PRESERVATION BOARD"; AND SECTION 2.1.5, ENTITLED "BOARD OF
ADJUSTMENT"; TO ESTABLISH A REQUIREMENT THAT ANY INDIVIDUAL
APPOINTED TO SERVE ON A LAND USE BOARD MUST COMPLETE AN
ARCHITECTURAL WALKING TOUR IN MIAMI BEACH; 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 March 13, 2024, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission referred an amendment to the Land Development Regulations of the City Code
(LDRs) to the Planning Board (C4 AA) requiring all Land Use Board members participate in the
Miami Design Preservation League's (MDPL)Art Deco walking tour within sixty (60) days of their
appointment.
ANALYSIS
The City has four (4) land use boards, consisting of the Board of Adjustment, Design Review
Board, Historic Preservation Board, and Planning Board, each consisting of seven (7) members
appointed for a two (2) year term. All four (4) boards review applications that impact the City's
built environment.
The Miami Design Preservation League (MDPL) currently offers historic architectural walking
tours 7 days a week, excluding holidays. The one and a half hour walking tour provides an
introduction to the Art Deco, Mediterranean Revival, and Miami Modern (MiMo) styles of
architecture found throughout the City's historic districts.
An understanding of the historic development patterns and architecture of the City is beneficial to
the decision-making process, particularly for land use board members that may not have specific
urban design or architectural training. As such, the following text is proposed for each land use
board:
Each voting member of the board shall complete the Art Deco Walking Tour offered by the Miami
Design Preservation League (MDPL). In the event tours offered by MDPL are no longer available,
Page 819 of 2497
each voting member of the board shall complete a similar architectural tour conducted by an
educational or non-profit organization as may be approved by resolution of the City Commission.
Members shall use reasonable best efforts to complete the tour within sixfy(60)days of their initial
appointment.
It is important to note that there may be unforeseen circumstances which could result in a board
member not being able to participate in a walking tour within sixty (60) days of their appointment.
For example, an individual board member may not be in the position to complete the ninety (90)
minute walking tour due to scheduling or health related issues. Further, while MDPL has a long-
standing tradition of providing regularly scheduled tours,there may be circumstances in the future,
where the tours are not offered.
In order to address these, and other unforeseen circumstances, the proposed amendment
provides flexibility for completing a tour.
PLANNING BOARD 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). By separate motion (6-
0) the Planning Board also recommended that the members of the City Commission participate
in the same tour required for land use board members.
UPDATE
The subject ordinance was approved at First Reading on July 24, 2024. For Second Reading, the
City Commission requested that the scope of the tour include all applicable periods of
architecture. To address this, the following revised text has been included in the ordinance for
Second Reading:
Each voting member of the board shall be required to complete an architectural walking tour
offered by the Miami Design Preservation League (MDPL), which includes the National Register
Architectural District in South Beach and/or an historic district in North Beach. In the event
tours offered by MDPL are no longer available, this requirement may be satisfied by completing
a similar architectural tour conducted by an educational or non-profit organization as may be
approved by resolution of the city commission. Members shall use their reasonable best efforts
to complete the tour within sixty (60) days of their initial appointment.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a
private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations
of the City Code, amendments to the City Code require the payment-of the applicable fees in
section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-
sevenths (5/7ths) vote of the City Commission, based upon one or more of the following
circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change
in federal or state law, or to implement best practipes jp urban planning, or based on ,c
circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial
hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association,or homeowner's
association for property owned by any such organization or association, so long as the request
demonstrates that a public purpose is achieved by enacting the applicable amendment.
The Administration recommends that the City Commission waive the applicable fees based on
circumstances unique to the proposed amendment.
Page 820 of 2497
FISCAL IMPACT STATEMENT -
No fiscal impact is expected, provided the Miami Design Preservation League (MDPL) covers the
associated costs for the tours.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on 9/27/2024.
See BIE at: https://www.miamibeachfl.goy/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission adopt the ordinance.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code,
the City Commission waive the applicable fees based on circumstances unique to the
proposed amendment.
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? Proiect?
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
c 4 •
Planning
• Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
Page 821 of 2497
Condensed Title
10:20 a.m. 2nd Rdg, Hist Architectural-Tour Requirements, Land Use Brd Members. (Rosen
Gonzalez) PL
6
Page 822 of 2497