LAND USE BOARD WATER EXPERT ALTERNATIVE REQUIREMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE I, ENTITLED “LAND USE BOARDS,” SECTION 2.1.2 ENTITLED “PLANNING BOARD,” AT SUBSECTION 2.1.2.2, ENTITLED “MEMBERSHIP AND APPOINTMENT”; SECTION 2.1.3 ENTITLED “DESIGN REVIEW BOARD,” AT SUBSECTION 2.1.3.2. ENTITLED “MEMBERSHIP AND APPOINTMENT”; AND SECTION 2.1.4 ENTITLED “HISTORIC PRESERVATION BOARD,” AT SUBSECTION 2.1.4.3, ENTITLED “MEMBERSHIP AND APPOINTMENT”; TO PROVIDE THAT THE WATER MANAGEMENT EXPERT POSITION ON THE LAND USE BOARDS MAY ALTERNATIVELY BE OCCUPIED BY A PERSON WHO IS A RESIDENT AT-LARGE, AS SET FORTH IN THE ORDINANCE; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

While the land use boards, applicants, and the City's residents all benefit from the experience and participation of a water management expert in each board's deliberations, it can be challenging to recruit qualified individuals for this position. The proposed ordinance amends the composition of the Design Review Board, Historic Preservation Board, and Planning Board to provide that the water management expert seat may, in the alternative, be filled by a resident at large.

The City’s Land Development Regulations and Public Works Department requirements contain many standards that address resiliency in the city. This includes sea level rise and resiliency review criteria that must be addressed by each application for new development and for amendments to the Land Development Regulations. Therefore, in the absence of a qualified subject matter expert, the interests of the City with regards to resiliency would continue to be addressed.

PLANNING BOARD REVIEW
On January 30, 2024, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (5-0).  The Planning Board, by a separate motion (4-1), recommended that preference be given to an individual who meets the qualifications for a water expert and that any resident at large appointed express interest in water and resiliency issues.

UPDATE
On March 13, 2024, the City Commission approved the ordinance at First Reading, with no changes, and scheduled a Second Reading / Public Hearing for April 3, 2024. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based upon the legislation implementing best practices in urban planning.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As published on the City's website (https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/) on March 21, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable