| | | | | | | |  | Ordinances - R5 Q
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | July 29, 2020 | | | | First Reading
| | SUBJECT: | DESIGN REVIEW BOARD ADVISORY PROCESS
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 "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 118 OF THE CITY CODE, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE VI, ENTITLED "DESIGN REVIEW PROCEDURES," BY AMENDING SECTION 118-252, ENTITLED "APPLICABILITY AND EXEMPTIONS," TO CREATE A PROCEDURE FOR THE DESIGN REVIEW BOARD TO CONDUCT A NON-BINDING, ADVISORY REVIEW OF THE DESIGN OF CERTAIN RIGHT-OF-WAY AND/OR NEIGHBORHOOD IMPROVEMENT PROJECTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for September 16, 2020. |
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| | | | | | | | BACKGROUND/HISTORY
| On April 11, 2018, at the request of Commissioner Mark Samuelian, the City Commission referred the discussion item to the Land Use and Development Committee (Item C4N). On May 23, 2018, the LUDC discussed the item and continued it to a date certain of July 18, 2018, with direction to staff to look at different potential options. On July 18, 2018 the item was deferred to September 28, 2018.
On September 28, 2018 the item was deferred to the December 2018 LUDC meeting. Since the December 2018 LUDC was cancelled, the item was moved to the January 2019 LUDC agenda. The January 2019 LUDC agenda was moved to February 20, 2019.
On February 20, 2019, the item was deferred to the April 3, 2019 LUDC meeting. On April 3, 2019 the item was continued to the May 22, 2019 LUDC. On May 22, 2019 the item was deferred to the June 12, 2019 LUDC. On June 12, 2019 the item was deferred to the July 24, 2019 LUDC. On July 24, 2019 the item was deferred to the September 18, 2019 LUDC.
On September 18, 2019 the item was deferred to the December 2, 2019 LUDC. The December 2, 2019 LUDC was cancelled, and the item was moved to the January 21, 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC). On January 21, 2020 the item was deferred to the February 18, 2020 LUSC. On February 18, 2020 the item was deferred to the March 17, 2020 LUSC. The March 17, 2020 LUSC meeting was postponed, and the item was moved to the May 6, 2020 agenda.
On May 6,2020 the LUSC discussed the item and recommended that the City Commission refer an ordinance to the Planning Board that includes the following:
1. Establish a procedure for DRB advisory review of certain types of right-of-way and neighborhood projects.
2. Goal is to elevate aesthetics.
3. Establish a timeframe for the review by the DRB, as well as a process for the City Manager to seek a waiver from the advisory review by the City Commission.
4. Types of projects subject to advisory review would be above ground improvements.
5. Establish a public notice requirement.
On June 24, 2020, the administration presented two versions of the ordinance, both of which reflected the direction of the LUSC provided on May 6, 2020, to the City Commission for referral to the Planning Board:
• Version A (Sponsor Version)
• Version B (Administration Version)
Version B of the ordinance included the following additional exception to DRB advisory review:
• Projects for which an agreement has been approved by the City Commission on or before September 30, 2020.
Additionally, version B of the ordinance did not contain the following areas that would be subject to advisory review by the DRB in version A:
• Stormwater pump stations and related apparatus are included as part of the advisory review. Additionally, for stormwater pump stations and related apparatus, notice shall be posted on the land subject to the application and mailed to owners of record of land lying within 375 feet of the land pursuant to Section 118-8.
• Roadway elevations in excess of six inches above the existing crown of road are included as part of the advisory review.
• Master neighborhood improvement plans which involve and integrate the scope of projects noted above are included as part of the advisory review.
At the request of the Commissioner Mark Samuelian, the City Commission referred Version A of the ordinance (C4A) to the Planning Board for review and recommendation. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The proposed amendment to Sec. 118-252 of the Land Development Regulations creates a non-binding, Design Review Board (DRB) advisory review for City neighborhood projects. This advisory review process is for projects that are substantially above ground, and primarily for aesthetics. The following is a summary of the proposed review process:
Scope
The following City neighborhood projects would be subject to advisory review by the DRB:
1. Stormwater pump stations and related apparatus.
2. The location and screening of above ground infrastructure.
3. The design of new street lighting.
4. The above ground design of non-standard materials for newly constructed sidewalks, streets and crosswalks.
5. The above ground design of new roadway medians, traffic circles and plazas.
6. Protected bike lanes.
7. Pedestrian bridges.
8. Roadway elevations in excess of six inches above the existing crown of road.
9. Master neighborhood improvement plans which involve and integrate the scope of projects noted above.
Time Period for Review
• The DRB would need to review an applicable project and provide an advisory recommendation within 35 days of the first Board meeting at which the project is reviewed.
• The recommendation of the DRB would be transmitted to the City Commission via Letter to Commission.
• If the design of a project should change substantially, as determined by the Planning Director, after it has been reviewed by the Board, the Design Review Board shall be required to review any changes to the design.
• Upon a written recommendation of the City Manager, the City Commission may, by majority vote, waive the DRB advisory review requirement if the City Commission finds such waiver to be in the best interest of the City.
Required Notice
The advisory review would be noticed by publication in a newspaper of general circulation at
least 15 days in advance of the DRB meeting. For stormwater pump stations and related apparatus, notice shall be posted on the land subject to the application and mailed to owners of record of land lying within 375 feet of the land pursuant to Section 118-8.
Exceptions
The advisory review by the DRB would not be required for the following:
1. Emergency work.
2. Crosswalk projects that address ADA and Florida Accessibility Compliance.
3. Lighting improvements to address safety concerns.
4. Routine maintenance and utility repair work.
5. Projects for which a notice to proceed for construction has been issued by September 30, 2020.
The administration has no objection to the proposed DRB review process as it is advisory only, applies to projects that are substantially above ground, and is primarily for aesthetics.
PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on July 27, 2020 and transmit the ordinance to the City Commission. The administration will update the City Commission with the recommendation of the Planning Board.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for September 16, 2020. |
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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
Vice-Mayor Mark Samuelian |
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