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 land use boards.
The composition of the Board of Adjustment is also set forth in Article I, Section 2 of the City’s Related Special Acts. Accordingly, any amendment to the composition of the Board of Adjustment would require the approval of the City’s voters in a Citywide referendum.
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.
Historic Preservation Board: Sec. 118-103. - Membership.
(a) 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) (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"), 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.
(b) All members of the board except the architect, university faculty member, and water management expert shall be residents of the city; provided, however, that the city commission may waive the residency requirement (if applicable) by a 5/7 ths vote, in the event a person not meeting the 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.
Board of Adjustment: Sec. 118-131. - Membership.
The board of adjustment shall be composed of seven voting members.
(a) Two members shall be appointed as citizens at-large.
(b) Five members shall be appointed from each of the following categories (no more than one per category), namely:
(1) Law - Member shall be duly licensed by the State of Florida.
(2) Architecture - Member shall be duly licensed by the State of Florida.
(3) Engineering - Member shall be duly licensed by the State of Florida.
(4) Real Estate Development.
(5) Certified public accounting - Member shall be duly licensed by the State of Florida.
(6) Financial Consultation – Member shall be a certified public accountant, chartered financial analyst, certified financial planner, a chartered financial consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida.
(7) General Business – Member shall be of responsible standing in the community.
Members shall be appointed for a term of two years by a five-sevenths vote of the city commission. Members of the board must be either residents of or have their principal place of business in the city.
PLANNING ANALYSIS
The attached proposal, which was prepared by interested residents, includes draft modifications to the minimum qualifications and membership categories for appointment to the City’s land use boards. The following summarizes the changes in the proposal:
1. Replace the term ‘Citizen at Large’ with ‘Resident at Large’ on all boards.
2. Add a licensed realtor category to all boards
3. Amend the resident at-large category on the Planning Board, Design Review Board and Board of Adjustment, as follows:
Two persons who are citizens at-large residents-at-large or engaged in general business in the city and reside in the city for at least three years; has advocated on behalf of residents; and who has accomplished one of the following within the past ten years: served on a Miami Beach neighborhood association board, Miami Beach city committee, Miami Beach condominium association board, or completed the Miami Beach Leadership Academy course. The member must not work in the fields of real estate development, realtor, real estate law, or architecture.
4. Amend the resident at-large category on the Historic Preservation Board, as follows:
Two residents-at-large members, who have resided reside in the city's historic districts for at least three years at the time of the appointment and reappointment, and who have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. The member must not work in the fields of real estate development, realtor, real estate law, or architecture.
The Administration and the City Attorney’s office have reviewed the attached proposal, as well as the current requirements set forth in Chapter 118, Article II of the LDRs and, as to the Board of Adjustment, Article I, Section 2 of the Related Special Acts. The current requirements provide the City Commission with adequate flexibility to ensure that individuals appointed to the land use boards meet the highest standards of ethical integrity, professional qualifications, and experience. However, should the LUSC recommend amending the minimum qualifications for the resident at-large positions, the following revisions to the attached proposal are recommended:
1. Remove the phrase “has advocated on behalf of residents.” This requirement is highly subjective and would be difficult, if not impossible, to verify.
2. Remove the phrase “served on a Miami Beach neighborhood association board.” This requirement is also highly subjective and would be difficult to verify.
3. Remove the phrase “The member must not work in the fields of real estate development, realtor, real estate law, or architecture.” This restriction would limit the pool of otherwise qualified individuals, with relevant professional experience, from seeking appointment to a board.
4. Remove serving on a “Miami Beach condominium association board” as a potential qualification, as condominiums are private entities, and do not provide the same level of civic experience as serving on a City committee or completing the Miami Beach Leadership Academy.
5. Remove ‘Licensed Realtor’ as a membership category, as it is not a professional position, and should not be in the same category as engineer, architect or attorney. If a future appointee happens to be a realtor, that would not disqualify that person.
If this proposal is to move forward, the following revisions are recommended:
1. Resident at-large category on the Planning Board, Design Review Board and Board of Adjustment:
Two persons who are citizens at-large residents-at-large or engaged in general business 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 served on a Miami Beach city committee and/or completed the Miami Beach Leadership Academy course.
2. Resident at-large category on the Historic Preservation Board:
Two resident-at-large members, who have resided currently reside in one of the city's local historic districts and have resided in one of the city’s local historic districts for at least one year three consecutive years at the time of the appointment and any reappointment, and who have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings.