| | | | | | | |  | Ordinances - R5 J
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | February 1, 2023 | | | | First Reading
| | SUBJECT: | ALTERNATE MEMBER CATEGORY FOR LAND USE BOARDS
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, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II, ENTITLED "BOARDS," BY AMENDING DIVISION 2, ENTITLED "PLANNING BOARD," AT SECTION 118-52, "MEETINGS AND PROCEDURES," AND SECTION 118-53, ENTITLED "COMPOSITION," TO CREATE AN ALTERNATE MEMBER CATEGORY ON THE PLANNING BOARD; BY AMENDING DIVISION 3, ENTITLED "DESIGN REVIEW BOARD," AT SECTION 118-72, ENTITLED "MEMBERSHIP," AND SECTION 118-75, ENTITLED "QUORUM AND VOTING," TO CREATE AN ALTERNATE MEMBER CATEGORY ON THE DESIGN REVIEW BOARD; BY AMENDING DIVISION 4, ENTITLED "HISTORIC PRESERVATION BOARD," AT SECTION 118-103, ENTITLED "MEMBERSHIP," AND SECTION 118-106, ENTITLED "QUORUM AND VOTING," TO CREATE AN ALTERNATE MEMBER CATEGORY ON THE HISTORIC PRESERVATION BOARD; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for February 22, 2023. |
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| | | | | | | | BACKGROUND/HISTORY
| On September 14, 2022, at the request of Mayor Dan Gelber, the City Commission referred the subject Land Development Regulation (LDR) Amendment to the Land Use and Sustainability Committee (the “LUSC”) and the Planning Board (C4 W). On October 28, 2022, the LUSC discussed the item and recommended that the City Commission refer the Ordinance to the Planning Board with one alternate member per land use board. On December 14, 2022, the City Commission referred that attached Ordinance amendment to the Planning Board (R9 G).
Currently the Design Review Board (DRB), Historic Preservation Board (HPB) and Planning Board are all composed of seven (7) regular voting members. 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. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Attached is a draft amendment to Chapter 118 of the LDR’s, which would create an alternate member category for the Design Review Board (DRB), Historic Preservation Board (HPB) and Planning Board. An alternate member category has not been proposed for the Board of Adjustment (BOA) as such an amendment would require voter approval to modify the Related Special Acts.
The following is a summary of the proposed modifications, which would be applicable to each board:
• One (1) alternate member may be appointed.
• The alternate member must be a resident 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 member 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 to the LUSC, 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 (2) 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 (2) alternates are selected from any of the approved membership categories.
Town of Palm Beach, FL – Architectural Commission
• The town council may, in its discretion, appoint three (3) 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 (3) 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 (5) regular members appointed by the mayor and city council for staggered three (3)-year terms. Members shall be qualified electors of the city.
• One (1) 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.
SUMMARY
The Administration is supportive of the proposed Ordinance, 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. Additionally, as noted above, a number of similar sized municipalities utilize an alternate member option.
PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on January 24, 2023 and discuss and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the floor as to the recommendation of the Planning Board.
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| | | | | | | | SUPPORTING SURVEY DATA
| | The City’s 2019 Strategic Plan cites making the City more business friendly and user-friendly as a major organizational objective. According to the 2022 Community Satisfaction Survey conducted by the ETC Institute, 18.7% of businesses indicated that the license application process has been a barrier to establishing or growing their business. Additionally, 8.2% of businesses surveyed indicated that zoning is a barrier. The subject Ordinance would improve the land use board application and review process. |
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| | | | | | | | FINANCIAL INFORMATION
| | No fiscal impact expected. |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for February 22, 2023. |
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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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