| | | | | | | |  | Ordinances - R5 P
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | February 21, 2024 | | | | First Reading
| | SUBJECT: | LAND USE BOARD WATER EXPERT ALTERNATIVE REQUIREMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE I, ENTITLED “LAND USE BOARDS,” SECTION 2.1.2 ENTITLED “PLANNING BOARD,” AT SUBSECTION 2.1.2.2, ENTITLED “MEMBERSHIP AND APPOINTMENT”; SECTION 2.1.3 ENTITLED “DESIGN REVIEW BOARD,” AT SUBSECTION 2.1.3.2. ENTITLED “MEMBERSHIP AND APPOINTMENT”; AND SECTION 2.1.4 ENTITLED “HISTORIC PRESERVATION BOARD,” AT SUBSECTION 2.1.4.3, ENTITLED “MEMBERSHIP AND APPOINTMENT”; TO PROVIDE THAT THE WATER MANAGEMENT EXPERT POSITION ON THE LAND USE BOARDS MAY ALTERNATIVELY BE OCCUPIED BY A PERSON WHO IS A RESIDENT AT-LARGE, AS SET FORTH IN THE ORDINANCE; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for April 3, 2024. |
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| | | | | | | | BACKGROUND/HISTORY
| On December 13, 2023, at the request of Commissioner Tanya K. Bhatt, the City Commission referred the proposed amendment to the Planning Board (Item C4 W). Commissioner David Suarez is the co-sponsor of the item.
In April 2018, the Urban Land Institute (ULI) Miami Beach Advisory Services Panel released the Stormwater Management and Climate Adaptation Review Report. One of the recommendations in the report was for the city to add climate or water management experts to the land use boards.
On June 5, 2019, the City Commission adopted Ordinance No. 2019-4279, amending the composition of the Design Review Board, Historic Preservation Board, and Planning Board to include a category for a water management expert on each board. To qualify for the position, an applicant must be 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"). |
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| | | | | | | | ANALYSIS
| While the land use boards, applicants, and the City's residents all benefit from the experience and participation of a water management expert in each board's deliberations, it can be challenging to recruit qualified individuals for this position. The proposed ordinance amends the composition of the Design Review Board, Historic Preservation Board, and Planning Board to provide that the water management expert seat may, in the alternative, be filled by a resident at large.
The City’s Land Development Regulations and Public Works Department requirements contain many standards that address resiliency in the city. This includes sea level rise and resiliency review criteria that must be addressed by each application for new development and for amendments to the Land Development Regulations. Therefore, in the absence of a qualified subject matter expert, the interests of the City with regards to resiliency would continue to be addressed.
PLANNING BOARD REVIEW
On January 30, 2024, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (5-0). The Planning Board, by a separate motion (4-1), recommended that preference be given to an individual who meets the qualifications for a water expert and that any resident at large appointed express interest in water and resiliency issues.
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 practices in urban planning, or based on 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.
LOBBYIST DISCLOSURE
In accordance with Resolution 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the item sponsor as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s) and principal(s): Not Applicable
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. The City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for April 3, 2024.
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. |
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| | | | | | | | Applicable Area
| | Not Applicable |
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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 Tanya K. Bhatt |
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