Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 1
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: October 28, 2022
TITLE:LDR AMENDMENT TO ESTABLISH ALTERNATE MEMBER CATEGORIES FOR LAND USE BOARDS

HISTORY:

HISTORY
On September 14, 2022, at the request of Mayor Dan Gelber, the City Commission referred the subject LDR Amendment to the Land Use and Sustainability Committee and the Planning Board (C4 W).

BACKGROUND
Currently the Design Review Board (DRB), Historic Preservation Board (HPB) and Planning Board are all composed of seven (7) regular voting members. However, there are no alternate members on any of these boards. As such, if a regular member is absent from a meeting, or has a voting conflict on an item, a short board results.

The item sponsor, Mayor Gelber, has requested that the City Administration, in consultation with the City Attorney’s Office, draft an LDR amendment to add an alternate member(s) category to the City Land Use Boards. The alternate member would be able to serve if an existing member has a conflict and cannot vote on an item, or the member is absent from a meeting. This would be like how the Commission Committees operate.

ANALYSIS:

Attached is a draft amendment to Chapter 2 of the LDR’s, which would create an alternate member category for the Design Review Board (DRB), Historic Preservation Board (HPB) and Planning Board. The following is a summary of the proposed modifications, which would be applicable to each board:

• Up to two alternate members may be appointed.

• The alternate members must be residents of the City (for at least one year) and satisfy at least one of the criteria in the regular membership categories for each of the respective boards.

• The alternate members would be eligible to vote when one or more of the regular voting members of the applicable board has a conflict on an application or is absent from a meeting.

• In the event a regular voting member from an applicable board resigns from or is removed from the board, an alternate member may take their place until such time as a new regular voting member is appointed by the city commission.

Pursuant to the direction of the City Commission at the time of referral, the Administration surveyed other City’s regarding having alternate member categories on appointed boards, committees, and commissions. The following is a summary of the findings:

City of Ft. Lauderdale, FL – Board of Adjustment
• The Board is composed of seven (7) regular members and three (3) alternate members.

• Each member of the board of adjustment including alternate members shall be a resident of the city and shall have previously served as a member of the planning and zoning board for at least one (1) year or be otherwise equally qualified.

• Designation of Alternate Members. In case of temporary absence or disqualification of any regular member of the board of adjustment, the chairperson of the board of adjustment shall have the right and authority to designate any alternate member of the board to serve on the board during the continuance of such absence or disqualification, but no more than two (2) alternates shall serve on the board of adjustment at any time. While serving alternates shall have the same powers as regular members. Alternate members shall attend all meetings of the board until such time as it has been determined by the chair that all regular members are in attendance and that there are no conflicts of interest which would prohibit a regular member from hearing an appeal.

City of Hollywood, FL – Historic Preservation Board
• The Board shall be composed of seven members and two alternates.

• The City Commission shall appoint the Historic Preservation Board members in accordance with the applicable procedures and membership categories set forth in the Code of Ordinances.

• The two alternates are selected from any of the above categories.

Town of Palm Beach, FL – Architectural Commission
• The town council may, in its discretion, appoint three alternate members to the architectural commission, who shall serve when called upon by the chair of the commission in the absence of any regular member.

• Alternate members are required to attend all meetings of the commission and are subject to the same attendance requirements as regular members with the same provisions relating to excused absences being applicable.

• Alternate members shall not vote on any matter unless they are sitting to fill the position of a regular member of the commission who is absent or in the event of a conflict of interest; however, alternate members may participate in the discussion of matters coming before the commission whether they are sitting as voting members or not.


City of Tampa, FL – Historic Preservation Commission (HPC)
• The HPC shall consist of seven (7) members and two (2) alternate members.

• Four (4) members and one (1) alternate member shall be appointed by the mayor and approved by the city council and three (3) members, and one (1) alternate member shall be appointed by the city council.

• The members shall have a demonstrated interest, competence, experience or knowledge in historic preservation, architecture, history, architectural history, planning, archaeology, development, real estate appraisals, real estate marketing, law or other related disciplines. Four (4) of the members shall be architects, architectural historians, historic preservationists, urban planners, historians or archaeologists with at least one (1) architect and one (1) architectural historian or historic preservationist. Members of the HPC shall not sit as officers or board members of local preservation related organizations.

City of St. Petersburg, FL – Community Planning and Preservation Commission (CPPC) and Development Review Commission (DRC).
• The CPPC shall be composed of seven regular members and three alternate members. Each member shall be a resident of the City of St. Petersburg. Each member shall be appointed by the Mayor and confirmed by the City Council.

• In making appointments to the CPPC, the Mayor and City Council should seek a membership with diverse economic, geographic, social and professional representation and, where possible, should include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, and land use law and real estate.

• The DRC shall be composed of seven regular members and three alternate members. Each member shall be a resident of the City. Each member shall be appointed by the Mayor and confirmed by the City Council.

• In making appointments to the DRC, the Mayor and City Council should seek a membership with diverse economic, geographic, social and professional representation and, where possible, should include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, and land use law and real estate.

 

City of Miami Springs, FL - Board of Adjustment/Zoning and Planning Board:
• The Zoning and Planning Board shall consist of five regular members appointed by the Mayor and Council for staggered three-year terms. Members shall be qualified electors of the City.

An additional member shall be appointed to the board and designated the "alternate member," who shall be appointed by the Mayor and Council in the same manner as regular board members are appointed. The alternate member shall be required to attend all board meetings and shall be subject to the same appointment, terms, and vacancy provisions as are regular board members.

In summary, the Administration is supportive of the proposal, as it will provide more flexibility and reduce the number of meetings where there are ‘short boards’. This will result in less continuances, as well as a more efficient and predictable land use board process.


CONCLUSION:

The Administration recommends that the Land Use and Sustainability Committee discuss the item and endorse the attached draft Ordinance for consideration by the Planning Board.

Applicable Area

Citywide
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 

Departments

Planning
ATTACHMENTS:
DescriptionType
Draft ORDOrdinance