Item Coversheet

Ordinances - R5  K




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  5, 2019
 

2:15 p.m. Second Reading Public Hearing

SUBJECT:

WATER MANAGEMENT EXPERTS FOR DRB, PB, AND HPB

AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II, ENTITLED "BOARDS," DIVISION 2, ENTITLED "PLANNING BOARD," SECTION 118-53, ENTITLED "COMPOSITION"; DIVISION 3, ENTITLED "DESIGN REVIEW BOARD," SECTION 118-72, ENTITLED "MEMBERSHIP"; AND DIVISION 4, ENTITLED "HISTORIC PRESERVATION BOARD," SECTION 118-103, ENTITLED "MEMBERSHIP," TO AMEND THE COMPOSITION OF THE PLANNING BOARD, DESIGN REVIEW BOARD, AND HISTORIC PRESERVATION BOARD TO INCLUDE A CATEGORY FOR A WATER MANAGEMENT EXPERT ON EACH BOARD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

The administration recommends that the City Commission adopt the subject ordinance.

ANALYSIS

HISTORY

On January 16, 2019, pursuant to item C4 AG and at the request of Commissioner John Elizabeth Aleman, the City Commission referred the subject discussion item to both the Land Use and Development Committee (LUDC) and the Sustainability and Resiliency Committee (SRC).  On March 6, 2019 the LUDC discussed the item and continued it to April 3, 2019. Direction was given to the administration to further study and evolve the membership categories on the HPB and DRB for a water management expert.

 

On March 20, 2019, the SRC discussed the proposal and recommended approval. On April 3, 2019 the LUDC discussed the item and recommended that the City Commission refer an ordinance to the Planning Board. The LUDC also requested that the City Attorney explore an alternative membership composition, consisting of a rotating panel of water experts for the applicable city land use boards.

 

On April 10, 2019, at the City Commission referred the attached ordinance to the Planning Board (Item C4 Z).

 

PLANNING ANALYSIS

The ULI Miami Beach advisory services panel report includes a recommendation to add climate or water management experts to the city land use boards: historic preservation board (HPB), design review board (DRB) and planning board (PB). The Board of Adjustment is responsible for variances and appeals of administrative decisions, and therefore, not recommended to be changed for this purpose.  

 

City staff has had internal discussions regarding potential options for integrating water management and climate change experts into the land use board review process.  In this regard, the land development regulations (LDR’s) are proposed to be amended to add a professional with water management expertise within an existing membership category of the design review board (DRB), historic preservation board (HPB) and planning board (PB).  The DRB, HPB and PB currently consist of seven (7) members with the following composition:

 

Design Review Board

(1)Two architects 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; and

(5) Two citizens at large.

 

Historic Preservation Board

(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) An architect registered in the United States, a landscape architect registered in the State of Florida, a professional practicing in the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed (to practice) in the United States, or an engineer licensed in the State of Florida, 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.

 

Planning Board

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; and

(5) Three persons who are citizens at large or engaged in general business in the city.

 

Pursuant to the direction of the LUDC on March 6, 2019, the administration drafted a category for a water management expert that is separate, with full voting rights. Currently, both the DRB and HPB have two categories each, for at large members, and the planning board has a category for three at large seats. The ordinance considered at first reading on May 8, 2019 proposed to replace one of the at large membership categories on each board with a water management specialist, as follows:

 

Historic Preservation Board

(3) Two One at large members, who hasve resided in one of the city's historic districts for at least one year, and who hasve demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings.

(4) A licensed professional engineer, licensed professional architect or licensed professional landscape architect, with expertise in water resources, or a person licensed by the State of Florida in hydrology, water or wastewater treatment, or a person with a degree from an accredited college or university in any water resources discipline.

 

Design Review Board

(5) Two One citizens at large.

(6) A licensed professional engineer, licensed professional architect or licensed professional landscape architect, with expertise in water resources, or a person licensed by the State of Florida in hydrology, water or wastewater treatment, or a person with a degree from an accredited college or university in any water resources discipline.

 

Planning Board

(5) Three Two persons who are citizens at large or engaged in general business in the city.

(6) A licensed professional engineer, licensed professional architect or licensed professional landscape architect, with expertise in water resources, or a person licensed by the State of Florida in hydrology, water or wastewater treatment, or a person with a degree from an accredited college or university in any water resources discipline.

 

PLANNING BOARD REVIEW

On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation, by a vote of 4-2. The Planning Board recommended that the new membership category be required to include a stakeholder within the city, either as a business owner, resident or property owner.

 

UPDATE
On May 8, 2019 the City Commission approved the subject ordinance at first reading, adding a water management expert category to the planning board, HPB and DRB, with the following modifications:

1. The planning board membership categories remained the same, with a reduction of the number of at large categories from three to two, and replacing one of the three at large categories with a water management expert..

2. The DRB membership categories were modified to retain two at large members, and instead replace one of the two architect categories with a water management expert.

3. The HPB membership categories were modified to retain two at large members, and instead replace the following membership category with a water management expert:

(5) An architect registered in the United States, a landscape architect registered in the State of Florida, a professional practicing in the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed (to practice) in the United States, an engineer licensed in the State of Florida.

4. The water management expert description has been expanded to include an individual with floodplain experience, as follows:

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).

The aforementioned changes approved at first reading are included within the text of the ordinance for second reading.

CONCLUSION

The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman

ATTACHMENTS:
Description
Ordinance