| | | | | | | |  | Ordinances - R5 G
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, Interim City Manager | | | DATE: | March 17, 2021 | | | | First Reading
| | SUBJECT: | AMENDMENTS TO COMPOSITION OF DRB AND PB
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”; AND DIVISION 3, ENTITLED “DESIGN REVIEW BOARD,” SECTION 118-72, ENTITLED “MEMBERSHIP”; TO AMEND THE QUALIFICATIONS FOR THE CITIZEN AT LARGE MEMBERSHIP CATEGORY ON THE PLANNING BOARD AND DESIGN REVIEW BOARD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the version of the Ordinance recommended by the LUSC, modified in accordance with the recommendation of the Planning Board, at First Reading, and schedule a Second Reading/Public Hearing for April 21, 2021. |
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| | | | | | | | BACKGROUND/HISTORY
| HISTORY
On July 29, 2020, at the request of Commissioner Michael Góngora, the subject item was referred to the Land Use and Sustainability Committee (C4M). On November 24, 2020, the Land Use and Sustainability Committee (LUSC) recommended that a revised draft Ordinance be referred to the Planning Board, in accordance with the following:
1. The text of the revised citizen-at-large category shall be as recommended by the Administration.
2. No modifications to the Historic Preservation Board (HPB) or Board of Adjustment (BOA) membership categories; only to the Planning Board (PB) and Design Review Board (DRB).
3. The Administration and the City Attorney’s Office shall further develop the text pertaining to “not working in other fields”.
On January 13, 2021, the City Commission discussed the item (C4A), including modified language that was introduced by the item sponsor, Commissioner Michael Góngora. At the request of the sponsor, the City Commission referred both the revised version proposed by the sponsor and the version recommended by the LUSC to the Planning Board for review and recommendation.
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 Planning Board and Design Review Board, as follows:
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.
PLANNING ANALYSIS
Two versions of the proposed Ordinance were referred to the Planning Board for consideration. Prior to the item being referred to the Planning Board, the item sponsor proposed additional modifications to the draft Ordinance as recommended by the Land Use and Sustainability Committee (LUSC). The City Commission referred both versions of the Ordinance to the Planning Board for its consideration.
The first draft ordinance [Draft incorporating LUSC recommendations], which is consistent with the direction of the LUSC, was originally proposed by interested residents who are members of the West Avenue neighborhood association. It includes draft modifications to the citizen at-large membership categories for appointment to the City’s Design Review Board and Planning Board. The following summarizes the changes in the proposal:
1. Replace the term ‘Citizen at Large’ with ‘Resident at Large’.
2. Amend the citizen at-large category as follows:
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 previously served on a Miami Beach board or committee and/or completed the Miami Beach Leadership Academy course, and to individuals not currently working in the fields of real estate development, real estate brokerage/sales, real estate law, or architecture.
The second draft Ordinance [Draft as proposed by Commissioner Michael Góngora, the item sponsor] contains the following additional language which is double underlined:
Two persons who are residents at-large and who currently reside in the city and have resided in the city for at least three consecutive years at the time of appointment or reappointment. Additionally, strong preference shall be given to individuals who have previously served on a Miami Beach board or committee and/or completed the Miami Beach Leadership Academy course, and to individuals not currently working in the fields of real estate development, real estate brokerage/sales, or architecture. None of the following individuals who are qualified to serve in other membership categories may be appointed as a resident at-large: an architect registered in the United States; an architect registered in the State of Florida; a landscape architect registered in the State of Florida; an attorney; a licensed professional engineer, a licensed professional architect, or licensed professional landscape architect with experience in water resources; or a person licensed by the State of Florida in hydrology, water, or wastewater treatment; and |
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| | | | | | | | ANALYSIS
| PLANNING BOARD REVIEW
Following a public hearing on February 23, 2021, the Planning Board transmitted the version of the Ordinance recommended by the LUSC to the City Commission with a favorable recommendation by a vote of 5-2. As part of this transmittal, the Planning Board recommended the following modification to the version of the Ordinance recommended by the LUSC:
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 or reappointment. Additionally, strong preference shall be given to individuals who have previously served on a Miami Beach board or committee and/or completed the Miami Beach Leadership Academy course, and to individuals not currently working in the fields of real estate development, real estate brokerage/sales, real estate law, or architecture; and
SUMMARY
Two versions of the Ordinance are attached to this Memorandum for First Reading: (1) the version recommended by the LUSC, which includes the recommendations of the Planning Board; and (2) at the request of the item sponsor, the revised version of the Ordinance previously proposed by the sponsor and referred to the Planning Board. The Administration and the City Attorney’s Office believe that either version of the proposed Ordinance provides the City Commission with adequate flexibility to ensure that individuals appointed to the Planning Board and Design Review Board meet the highest standards of ethical integrity, professional qualifications, and experience.
The version with the modification proposed by the item sponsor is intended to clarify that individuals who meet the qualifications for other categories cannot be considered for the resident at-large category. The LUSC version, which includes the recommendation of the Planning Board, would not prohibit consideration of individuals who meet the qualifications for other categories. On balance, the Administration believes the LUSC version of the proposal, modified in accordance with the recommendation of the Planning Board, is the best option, as it provides the greatest flexibility to the City Commission when considering resident candidates for the DRB and Planning Board.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Better Manage Development Process |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the version of the Ordinance recommended by the LUSC, modified in accordance with the recommendation of the Planning Board, at First Reading, and schedule a Second Reading/Public Hearing for April 21, 2021. |
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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 Michael Gongora |
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