| | | | | | | |  | Committee Assignments - C4 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, Interim City Manager | | | DATE: | January 13, 2021 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - MEMBERSHIP CATEGORIES ON CITY LAND USE BOARDS. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the attached draft ordinance to the Planning Board. |
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| | | | | | | | BACKGROUND/HISTORY
| On July 29, 2020, at the request of Commissioner Michael Gongora, the subject item was referred to the Land Use and Sustainability Committee (C4M). On November 24, 2020 the Land Use and Sustainability Committee recommended that a revised draft ordinance be referred to the Planning Board, in accordance with the following:
1. The text of the revised citizen-at-large category shall be as recommended by the Administration.
2. No modifications to the Historic Preservation Board (HPB) or Board of Adjustment (BOA) membership categories, only to the Planning Board (PB) and Design Review Board (DRB).
3. The administration and the City Attorney’s Office shall further develop the text pertaining to “not working in other fields”. |
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| | | | | | | | ANALYSIS
| BACKGROUND
Chapter 118, Article II of the Land Development Regulations of the City Code establishes the following membership categories and criteria for appointment to the City’s Planning Board and Design Review Board:
Planning Board: Sec. 118-53. - Composition.
(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. Each regular voting member shall serve for a term of two years. 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 and/or experience in historic preservation issues. For purposes of this section, the term "education and/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 citizens at-large or engaged in general business in the city; and
(6) (i) A licensed professional engineer, licensed professional architect, or licensed professional landscape architect with expertise in water resources;
(ii) A person licensed by the State of Florida in hydrology, water or wastewater treatment;
(iii) A person with a degree from an accredited college or university in a field of study related to water resources; or
(iv) 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) 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 management expert appointed to the planning board pursuant to subsection (b)(6).
(d) The city commission may waive the residency requirements by a 5/7 ths vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/or experience.
Design Review Board: Sec. 118-72. - Membership.
(a) Composition. The design review board shall be composed of seven regular members. The seven regular members shall consist of:
(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 citizens at-large; and
(6) (i) A licensed professional engineer, licensed professional architect, or licensed professional landscape architect with expertise in water resources;
(ii) A person licensed by the State of Florida in hydrology, water or wastewater treatment;
(iii) A person with a degree from an accredited college or university in a field of study related to water resources; or
(iv) 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").
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 the city attorney or designee, shall serve in an advisory capacity.
(b) Appointment. Design review board members shall be appointed with the concurrence of at least four members of the city commission. 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.
(c) 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 (a)(6), who need not reside in or have a principal place of business in the county. The two citizen-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.
PLANNING ANALYSIS
The attached draft ordinance, which is consistent with the direction of the LUSC, was originally proposed by interested residents, who are part of the West Avenue neighborhood association. It includes draft modifications to the citizen at-large membership categories for appointment to the City’s Design Review and Planning Boards. The following summarizes the changes in the proposal:
1. Replace the term ‘Citizen at Large’ with ‘Resident at Large’.
2. Amend the citizen at-large category as follows:
Two persons who are residents-at-large in the city and who currently reside in the city and have resided in the city for at least three consecutive years at the time of appointment and any reappointment. Additionally, consideration shall be given to individuals who have previously served on a Miami Beach board or committee and/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.
The Administration and the City Attorney’s Office believe that the attached Ordinance provides the City Commission with adequate flexibility to ensure that individuals appointed to the Planning and Design Review Boards meet the highest standards of ethical integrity, professional qualifications, and experience.
APPLICATION FEE WAIVER
The subject amendment is proposed for referral to the Planning Board on a comprehensive, Citywide basis, and not on behalf of a private applicant or third party. Pursuant to Section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in Section 118-7 and Appendix A. 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 Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
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 City Manager has determined that the proposed amendment implements best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Management Of Development in the City |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission refer the attached draft ordinance to the Planning Board. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Michael Gongora |
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