Item Coversheet

Ordinances - R5  O




COMMISSION MEMORANDUM

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

First Reading

SUBJECT:

HISTORIC PRESERVATION BOARD COMPOSITION

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 4, ENTITLED "HISTORIC PRESERVATION BOARD," BY AMENDING SECTION 118-103 THEREOF, ENTITLED "MEMBERSHIP," TO AMEND THE COMPOSITION OF THE HISTORIC PRESERVATION BOARD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission consider the subject ordinance at first reading, and, if approved, set a second reading/public hearing for July 17, 2019.

ANALYSIS

HISTORY

On February 13, 2019, at the request of Commissioner Joy Malakoff, the City Commission referred a discussion to the Land Use and Development Committee (LUDC) regarding possible amendments to the membership composition of the Historic Preservation Board (item C4Q).  On March 6, 2019 the LUDC recommended that the City Commission refer the proposed Ordinance to the Planning Board, including the following amendments:

 

  1. Amend City Code Section 118-103(a)(3) to provide that the two at-large members must currently reside or currently own property in one of the City’s historic districts (for at least one year); and

     

  2. Amend City Code Section 118-103 to provide that, other than the ex officio members appointed pursuant to subsections (a)(1) and (a)(2), no member of the Historic Preservation Board may serve on the board of directors of either the Miami Design Preservation League or the Dade Heritage Trust.

     

    On April 10, 2019 the City Commission referred the item to the Planning Board (Item C4 U), with an amendment to include members who reside or own property within individually designated historic sites and single-family homes, in addition to historic districts.  

     

    PLANNING ANALYSIS

    The following are the current membership composition requirements for the Historic Preservation Board:

     

    Sec. 118-103. - Membership.

  1. The historic preservation board shall be composed of seven members. There shall be a member from each of the following categories:

  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.

  1. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty member of the board shall be residents of, the city; provided, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training and/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.

     

    The proposed ordinance would amend the above noted section of the City Code with the following modifications:

     

  1. Section 118-103(a)(3).

    Current Code: (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.

     

    Proposed Revision: Two at-large members, who (i) currently reside or currently own property in one of the city's historic districts, individually designated historic sites, or individually designated historic single-family homes (for at least one year), and (ii) have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings.

     

    This revision would require that the two at-large positions be filled by individuals who currently reside or own property in one of the City's historic districts, historic sites or historic single family homes. Presently, the Code allows an at-large member to qualify for appointment to the HPB if, at any time during that member's lifetime, the member has resided in a historic district for a year.

     

  2. Section 118-103(c).

    Current Code:

    (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.

     

    Proposed Amendment:

    (c) Other than those members appointed pursuant to subsections (a)(1) and (a)(2), no member of the historic preservation board may serve on the board of directors of either the Miami Design Preservation League or the Dade Heritage Trust during such member’s service on the historic preservation board.

     

    Currently, Sections 118-103(a)(1) and (a)(2) each provide for one member who is a representative of (i) MDPL and (ii) DHT. The LUDC recommended that the City Commission amend City Code Section 118-103, to provide that, other than the ex officio members appointed pursuant to subsections (a)(1) and (a)(2), no member of the Historic Preservation Board may serve on the board of directors of either the Miami Design Preservation League or the Dade Heritage Trust.  Under Chapter 118 of the City Code, both MDPL and DHT are granted status to initiate historic designations, as well as file appeals of design review board and historic preservation board decisions. 

     

    As it pertains to the MDPL and DHT membership categories, these organizations are granted special status under the code with regard to filing appeals of HPB decisions, as well as initiating designation requests. Although any designation request is subject to the approval of the City Commission, appeals of HPB decisions regarding certificates of appropriateness go directly to a special master. An appeal of the decision of the special master would go to circuit court.

     

    The proposal herein would allow for the MDPL and DHT representatives on the HPB to be board members of their respective organizations. However, the remaining five members of the HPB would not be able to be a member of the board for either MDPL or DHT.

     

    PLANNING BOARD REVIEW

    On May 21, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-1. At the request of the City Commission, the Board was apprised of the City Commission discussion at the time of referral, and a copy of the after action summary of the City Commission discussion on the item, from the April 10, 2019 meeting, was provided to the Board. Also, as further requested by the City Commission, the Planning Board discussed whether there may be a failure or systemic flaw in the separation of duties that affect another person’s property or financial condition.

     

    After a lengthy deliberation, the Board agreed with the proposed amendment pertaining to no longer allowing members of the historic preservation board to serve on the board of directors of either the Miami Design Preservation League or the Dade Heritage Trust during such member’s service on the board. The DHT and MDPL membership categories would be exempt from this requirement.

     

    With regard to the proposed modification that would amend the current standard for at large members from ‘having resided’ to ‘currently resided’, within an historic district, the planning board agreed that this should be expanded to include historic sites and historic single family homes. However, the planning board did see merit in keeping the standard at ‘having resided’, as it allows for a wider pool of potential applicants. Specifically, the following text change has been recommended:

     

    Section 118-103(a)(3).

    Two at-large members, who (i) have resided in one of the city's historic districts, individually designated historic sites, or individually designated historic single-family homes (for at least one year), and (ii) have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings.

     

    SUMMARY

    The planning board discussion with regard to the proposed ordinance was both informative and substantive. In this regard, the planning board recommendation would allow for a wider pool of potential applicants for the City Commission to consider. If, collectively, the City Commission determined that a candidate who currently resides in a local historic district is the best qualified, they may exercise that discretion. Likewise, there may be instances where the most qualified candidate does not currently reside in an historic district, but previously did so and would be an asset to the board with that experience. The recommendation of the panning board would allow for this flexibility.


CONCLUSION

The administration recommends that the City Commission consider the subject ordinance at first reading. If the City Commission agrees with the recommendation of the planning board, it is further recommended that a second reading/public hearing be set for July 17, 2019 with the following modification:

 

Section 118-103(a)(3).

Two at-large members, who (i) have resided in one of the city's historic districts, individually designated historic sites, or individually designated historic single-family homes (for at least one year), and (ii) have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings.


Legislative Tracking
Planning
Sponsor
Vice-Mayor Joy Malakoff

ATTACHMENTS:
Description
Form Approved ORD