Loading...
HomeMy WebLinkAboutM-94-0711.1CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM PZn 12 Honorable Mayor and Members SEP 12 1994 TO ` of the City Commission DATE : Study: FILE Merger of the Historic SUBJECT : and Environmental Preservation Board and Urban Development Review Board. FROM ; Ces REFERENCES : Ci r Agenda Item: City Commission ENCLOSURES: Meeting of September 22, 1994 W Per Resolution 94-219, March 24, 1994, the attached study is respectfully submitted, listing factors both in favor of and in opposition to the merger of the Historic and Environmental Preservation Review Board and the Urban Development Review Board. The Commission may decide to: a) retain the existing two boards and direct the administration to advertise for r;nad nations; or b) pass the companion ordinance, on first reading, merging the two boards and directing the administration to advertise for nominations. At its meeting of December 16, 1993, the City Commission passed Resolution 93- 766 establishing the City's Boards and Committees Review Committee. This Committee was given a mandate to evaluate the perfonrence and effectiveness of each existing City board and committee and to make recommendations to the City Commission regarding the continuation, abolishment or consolidation of said boards and committees and of any changes which should be made in the membership, function or any other characteristic of said boards or committees. At its meeting of March 24, 1994, the City Commission adopted Ordinance 11130 establishing new boards and procedures and passed Resolution 94-219 adopting the additional recommendations made by the City's Boards and Committees Review Committee as contained in their report to the Mayor and the City Commissioners dated January 31, 1994 and directing the City Manager to implement said additional recommendations. With regard to the Historic and Envirorm ental Preservation Board and the Urban Development Review Board the City's Boards and Committees Review Committee recommended the following: "These two (2) boards should be merged. However, the merger of these boards will require a combination of the purposes, powers and duties of both boards. The City Attorney's Office will need to conduct a careful review of the ordinances creating each board and meet with appropriate administration personnel in order to properly accomplish the proposed r page 1 of 2 pal The Planning, Building and Zoning Department of the City of Miami respectfully submits the attached study for consideration by the City Commission; presenting some of the salient issues involved in such a merger. Factors favoring merger are: Both boards are concerned with the built and natural environment. - A combined board would benefit from member's views on architecture and preservation. - The public may be served by having more frequent meetings. Factors opposing merger are: - Boards do not duplicate efforts. - Members may be less willing to serve. - Staff participation and time are the same. - The public may not be served by longer meetings. If the Camussion decides to merge the Boards, then it is additionally recarmended that consideration be given to retaining and clarifying the membership categories, both professional and nonprofessional, required by the Florida Certified Local Government Guidelines by advising qualified and interested candidates to apply for positions through a public notice. Conformity with the Florida Certified Local Government Guidelines will allow I the City of Miami to retain control over decisions affecting preservation, which would otherwise default to Dade County. Attachment: study. 2 page 2 of 2 94— 711.1 1,, 11N The Planning Department of the City of Miami respectfully submits the following study for consideration by the City Commission; presenting some of the salient issues involved in such a merger as articulated by diverse members of the Historic and Environmental Preservation Board and the Urban Development Review Board and pursuant to research conducted on the subject by City of Miami Planning Department staff. PROCEDURAL HISTORY RESOLUTION 93-766 At its meeting of December 16, 1993, the City Commission passed Resolution 93-766, thus establishing the City Boards and Committees Review Committee. The following excerpts serve to summarize the rationale behind its conception as well as the manifest goals it was intended to accomplish. The City of Miami presently has forty (40) City boards and committees comprising a membership in excess of three hundred and fifty individuals (350). City boards serve a valuable role in the development of City policy by exercising certain delegated City functions and/or providing advice to the City Commission and/or the City Administration. The Commission of the City of Miami wishes to evaluate the performance and effectiveness of all presently existing City boards and committees and to make them more efficient and more reflective of the community. The City Boards and Committees Review Committee shall have the function of evaluating the performance and effectiveness of each presently existing City board and committee and making recommendations to the City Commission regarding the continuation, abolishment or consolidation of said boards and committees and of any changes which should be made in the membership function or any other characteristic of said boards or committees. ORDINANCE 11130 At its meeting on March 24, 1994, the City Commission passed on second reading and adopted Ordinance 11130. The following excerpts are those most pertinent to the issue of the creation of a new board which would result from the merger of the Historic and Environmental Preservation Board and the Urban Development Review Board. 94- 711.1 Page 1 of 12 Section 2-427. Creation of New Boards (pg. 5) "(a) All City boards created after the effective date of this article shall be created only by ordinance. Such ordinance shall set forth the board's purpose, function, power, responsibility, jurisdiction, membership requirements and restrictions, terms and conditions of appointment to or removal from the board, and the j specific staff support, if any, to be provided to the board. The ordinance shall also provide for an annual report, either oral or written, to the City Commission." "(b) After the passage on the first reading of an ordinance creating a new board and prior to he second reading of said ordinance, the City Manager shall submit to the City commission, a report setting forth the following information concerning the new board: (1) For boards other than advisory boards, whether the establishment of the board will create sufficient betterment to the community to justify the City Commission's delegation of a portion of its authority. (2) Whether another board or agency, either public or private, which is already in existence could serve the same purpose. (3) The costs, both direct and indirect, of establishing and maintaining the board. (4) Whether the board is necessary to enable the City to obtain state or federal grants or other financing. (5) For boards other than advisory boards, whether the board should have bonding authority. (6) For boards other than advisory boards, whether the board should have final authority to enter into contracts and spend city funds, or whether its contracts and expenditures must be ratified by the City Commission. (7) Whether the creation of a new board is the best method of achieving the benefit desired." "(c) The second reading shall be held no earlier than (15) fifteen days after passage on first reading of the ordinance creating said board." RESOLUTION 94-219 At its meeting of'March 24, 1994,: the City Commission also passed Resolution 94-219. The following excerpts address the merger between the Historic and Environmental Preservation Board and the Page 2 of 12 711,1 Urban Development Review Board and the status of each board until legislation is enacted addressing their operation. A. Individual _Board and Committee Recommendations: "5. Heritage and Environmental Preservation Board / Urban Development Review Board: These two (2) boards should be merged. However, the merger of these boards will require a combination of the purposes, powers and duties of both boards. The City Attorney's Office will need to conduct a careful review of the ordinances creating each board and meet with appropriate administration personnel in order to accomplish the proposed merger." EXISTING LEGISLATION REGULATING HEPB AND UDRB The following excerpts summarize the extent to which existing legislation establishes and regulates the activities of the Historic and Environmental Preservation Board and the Urban Development Review Board. The language from both of the Ordinances referenced below was brought into effect through inclusion in Chapter 62, Sections 62-70 through 62-75 (HEPB) and Sections 62-83 through 62-88 (UDRB). Sections 62-70 through 62-75 of the City Code. ORDINANCE 18075 (Creating Historic and Environmental Preservation Board) Purpose. "To carry out the provisions of chapters 17 and 23 of the Miami City Code and article 7 of the Zoning Ordinance." Membership. "The HEPB shall consist of nine (9) members and one (1) alternate member." "Members and alternate members shall be persons of knowledge, experience, mature judgement, and background, having ability and desire to act in the public interest and shall have the special professional training, experience, and interests required to make informed and equitable decisions concerning preservation and ,protection of the physical environment." Membership shall be as follows: 5 110ne (1) member shall be an architect registered in the state." 94- 711.1 Page 3 of 12 "One (1) member shall be a landscape architect registered in the state." "One (1) member shall be a historian or architectural historian qualified by means of education or experience and having demonstrated knowledge and interest in county history or architectural history." "One (1) member shall be an architect or architectural historian having demonstrated knowledge and experience in architectural restoration and historic preservation." "One (1) member shall be an experienced real state broker licensed by the state." "One (1) member shall be a person experienced in the field of business and finance or law." "Three (3) members shall be citizens with demonstrated knowledge and interest in the historic and architectural heritage of the city and/or conservation of the natural environment, and may also qualify under any of the above categories." "One (1) alternate member shall qualify under one of the above categories." Functions, powers and duties, generally. 11(1) Maintain and update files from the county historic survey within the city for the purpose of identifying and preserving those properties and neighborhoods of special historic, aesthetic, architectural, archaeological, cultural, social, or political value or interest. It shall endeavor to improve and expand the survey with additional sites, documentary information, oral histories, and other such materials as may become available; and to periodically reevaluate the survey to determine whether changing times and values warrant recognition of new or different areas of significance." 11(2) Serve as a quasijudicial instrument to designate historic sites, historic districts, and archaeological zones." "(3) -Serve as a quasijudicial instrument to approve: or deny certificates of appropriateness." 11(4) Serve as a quasijudicial instrument to approve or deny certificates of approval." 11(5) Recommend to the City Commission, in reference to specific properties or general programs, the use of preservation incentives such as but not limited to , transfer of development rights, facade easements, financial assistance, public 94- '711.1 Page 4 of 12 Urban Development Review Board and the status of each board until legislation is enacted addressing their operation. A. Individual Board and Committee Recommendations: "5. Heritage and Environmental Preservation Board / Urban Development Review Board: These two (2) boards should be merged. However, the merger of these boards will require a combination of the purposes, powers and duties of both boards. The City Attorney's Office will need to conduct a careful review of the ordinances creating each board and meet with appropriate administration personnel in order to accomplish the proposed merger." EXISTING LEGISLATION REGULATING HEPB AND UDRB The following excerpts summarize the extent to which existing legislation establishes and regulates the activities of the Historic and Environmental Preservation Board and the Urban Development Review Board. The language from both of the Ordinances referenced below was brought into effect through inclusion in Chapter 62, Sections 62-70 through 62-75 (HEPB) and Sections 62-83 through 62-88 (UDRB). Sections 62-70 through 62-75 of the City Code. ORDINANCE 18075 (Creating Historic and Environmental Preservation Board) Purpose. "To carry out the provisions of chapters 17 and 23 of the Miami 'City Code and article 7 of the Zoning Ordinance." Membership. "The HEPB shall consist of nine (9) members and one: (1) alternate member." "Members and alternate members shall be persons of knowledge, experience, mature judgement, and background, having ability and desire to act in the public interest and shall have the special professional training, experience, and interests required to make informed and equitable decisions concerning preservation and protection of the physical environment." Membership shall be as follows: "One (1) member shall be an architect registered in the state." 94- '711.1 Page 3 of 12 acquisition, building code amendments, and special zoning regulations." "(6) Maintain a record of unique environmentally significant lands or sites within the city." "(7) Increase public awareness of the value of historic and environmental preservation by developing and participating in public information programs." "(8) Make recommendations to the City Commission concerning the utilization of grants from federal and state agencies or private groups and individuals, and utilization of city funds to promote the preservation of environmentally, historically, and aesthetically significant properties and neighborhoods." "(9) Promulgate standards for architectural review in addition to those general standards contained in chapter 23.1 of the City Code." "(10) Evaluate and comment upon decisions of other public agencies affecting the physical development and appearance of environmentally, historically, and aesthetically significant properties and neighborhoods." "(11) Contact public and private organizations and individuals "and endeavor to arrange inte,:­?ning agreements to ensure preservation of environmentally, iistorically, and aesthetically significant properties for which demolition is proposed." (12) Promote and encourage communication and exchange of ideas and information between the board and ownE:.s of environmentally and historically significant pr ;:.%-srties, potential developers, public officials, financial insti:;utions, etc." "(13) In the name of the city and with the consent of the city commission, apply for , solicit, receive or expand any federal, state or private grant, gift or bequest of any funding, property, or interest in property in furtherance of the purposes of historic and environmental preservation." "(14) Approve historic markers and issue recognition to historic properties within the city." "(15) Adopt and amend rules of procedure." "(16) Advise the city commission on all matters related to the use, administration, and maintenance of city -owned historic properties and environmental preservation districts." "(17) Any other function which may be designated by resolution or motion of the city commission." Meetings: 7 94- 711.1 Page 5 of 12 "The HEPB shall meet at least once per month, except August, with all meetings open to the public." Sections 62-83 through 62-88 of the City Code. ORDINANCE 10674 (Creating the Urban Development Review Board) Purpose: "Recommending whether the design of developments and/or improvements within are in conformance with the City's design standards and guidelines." Membership: "The UDRB shall consist of nine (9) members and one (1) alternate member." "Members of the UDRB shall be persons of knowledge, experience, mature judgement, and background; having ability, special professional training and interest to act in the public interest in order to make informed and equitable decisions concerning architecture, urban, physical and site design." f Membership shall be as follows: I "At least five (5) members shall be architects registered in the f State of Florida. Each member shall have had five years of experience after registration in the practice of his profession." "Four (4) other members shall be either architects or landscape architects registered in the state, and shall meet the same criteria as above." "The alternate member shall satisfy the qualifications set forth in paragraph above." Functions, powers and duties, generally. 11(1) Review and recommend to the planning director approval, approval with conditions or denial, of applications for Class II special permits within specified zoning districts, pursuant to guides and standards for administrative review, or such design guidelines contained in the requirements of the applicable zoning district." 94- 711.1 Page 6 of 12 11(2) Require submission to the board of all information as may be reasonably necessary for the board to evaluate completely the proposed structure or improvement." 11(3) To recommend to the director of the planning department, modifications and/or amendments to the city guides and standards." "(4) Adopt and amend rules of procedure." Meetings. "The UDRB will meet once each month, except for August, unless the planning director has no business to transact. The planning director or chairperson can call a special meeting upon five (5) days' notice." "A11 meetings shall be open to the public but these are not public hearings; the public does not have a right to speak but may be invited to speak by the chairman or any member of the board." FACTORS FAVORING MERGER It is clear that with less boards and commi'l.tees the City's government would become more efficient and less wasteful. In the spirit of streamlining it is in the City's clear interest to find all entities within its framework that tend to be duplicative of each other and make the necessary efforts to merge and/or deliete whatever functions seem superfluous. If the merger of the HEPB and the UDRB can be realized so that all their functions and goals continue to be carried out satisfactorily; if such a merger would reduce the amount of staff hours entailed by the operation of the Boards; and if the public were better served in terms of having their needs and interests duly looked after; then clearly such a merger should be accomplished. Built Environment: Both the HEPB and the UDRB are charged with the evaluation of issues pertaining to the built environment. Each board counts amongst its members a number of informed professionals from the fields of Architecture and Landscape Architecture. The similarity of interests that often exists amongst them might lead one to think that either set of board members could easily perform the functions of the other. Broad Viewpoint: 9 Page 7 of 12 Although present members of these boards have been selected with their particular interests and skills in mind to suit the narrow scope of each board's purview; a combined board would benefit from a membership well versed in both the field of urban development and that of preservation. More frequent Meetings: Each board now meets once a month. If the merged board were to meet twice a month, the public would be better served. FACTORS OPPOSING MERGER Non -duplication of Efforts: While it is true that both the HEPB and the UDRB deal with the built environment; it is also the case that each looks at it from substantially different viewpoints. The HEPB is primarily concerned with the evaluation of structures and proposals to alter or affect in some way these structures or natural features deemed of high value to the City's cultural heritage and/or environmental character. The UDRB reviews projects of a significant scale in the Central Business District, the SD-5 Brickell Avenue Area Residential - Office District, the SD-9 Biscayne Boulevard North Overlay District, and other major projects as deemed necessary by the Director of Planning. Urban Development Review Board members are either architects or landscape architects who review site plans of projects for the architecture but even more for the massing, scale, context, and even color, texture, scale of the individual materials of a building, and the exact species, size and number of the landscape material proposed. If each board has clearly defined goals and a distinct mission; if their procedures are set up efficiently and facilitate the execution of their respective tasks; and if the public interest is well served by their present mode of operation; then both boards should remain unchanged. Disparity in Membership: While there may be architects on HEPB, for the majority these are interested citizens, lawyers, real estate brokers, etc. Historic and - Environmental Preservation Board members deal with a universe, both greater and lesser than the UDRB. Greater in the sense that historic preservation deals with history, potential 10 adaptive reuse, and the structure in the context of neighborhood and City. Lesser in the sense that they deal with individual trees, their preservation, relocation, protection during construction, and survivability. 9 4 - 7.1j Page 8 of 12 A merger will bring a "merged" agenda: part of the agenda will be historic preservation which will have the attention of the "generalist" citizens, lawyers, real state brokers and architects; part will deal with trees and landscaping which will have the attention of landscape architects and part will deal with the new buildings which will draw the attention of architects and landscape architects. Will architects and landscape architects be overcome by the votes of the generalists? Will the generalists feel out -of -place in supporting a project if architects criticize it? Staf f : If a combined board meets for six hours rather than two three- hour separate meetings, either once -a -month or twice -a -month, there is no clear saving in staff preparation, time or cost. Workload: Both the HEPB and the UDRB meet normally once a month for approximately three hours. The cases that are dealt with differ in terms of complexity hence the allotment of time to each case varies markedly. However, each board is able to sufficiently address the agenda before it in only that time. A combined agenda would proportionally extend, perhaps double, the duration of the meetings, or make it necessary to meet twice - a -month. Even now, it is difficult to achieve and maintain quorum for meetings; meetings often have to be delayed or even cancelled. Thus a greater commitment in time might discourage potential board appointees from proffering their services gratis to the City. Both boards have benefited from a distir.T:+fished membership due to the relatively limited commitment in ti, that is required of them; some might find it impossible to comp.y with an extended or more frequent meeting schedule due, to their already over -committed schedules. The public might also find this objectionable since, at least in perception, proportionally less attention would be given to each individual presentation. This might have the unintended effect of dowering the perceived quality of the service received. COMMENTS FROM BOARD'S MEMBERS Comments from UDRB members (on meeting of 05/18/94) r Favoring merger: 11 - Broader representation of the community. In deciding certain aesthetic issues it is helpful to have members of the community present, who are familiar with the character and configuration of the area. Their input is often vital for it is they who will be 94- '711,1 Page 9 of 12 able to measure on the spot the effect whatever measure passed or recommendation made is likely to have. - The board feels that they stand to benefit from a more varied membership to obtain other perspectives on the issues before them. it -%ms suggested that advisors on specific issues may be retaindd perhaps as specialized board members who would be called upon when a case within their area of expertise came before the board. - A merged board with a revised structure and operation guidelines may be the ideal vehicle to carry out a revision of the master plan and of the zoning code. - A board where those with technical expertise could speak and advise on technical issues; those with legal expertise could advise on procedural matters as well as insure through good design implementable decisions; and those whose concern is the effect of the decision, that is, those who represent the interests of the citizens could insure that sight is not lost of certain repercussions or otherwise unforeseeable results which are bound to affect the quality of life of the neighbors.. - It is conceivable that the jurisdiction of the separate boards might overlap and result in conflicting verdicts merger would avoid such an eventuality.. Bringing in the neighbors makes things complicated but it also keeps things real. Protest is an honored form of expression. Opposing merger: A new structure is needed to allow for the merger of two bodies which although sharing certain interests have substantially different functions and powers. One board recommends decisions to the Planning, Building and Zoning Director, the other one makes decisions appealable only to the City Commission; what would the new board do? Also the merger may have certain repercussions on other processes such as Class II Special Permits, revisions of which sometimes falls under the scope of the UDRB - Opinions where echoed to the effect that things of an intrinsically different nature should be kept separate. The issue seems to be whether these two boards have enough in common to merit their merger. - Study sunshine law for possible ways in which it may affect the merger as well as restrictions on the new format or structure of merged board. 12 94— 711.1 Page 10 of 12 Comments from HEPB members (on meeting of 05/10/94) Opposing merger: - Different notice procedures. UDRB holds public meetings but notices are sent exclusively to the applicants, since the issues being evaluated are of a technical nature. HEPB holds public hearings and all affected parties are informed in advance as to the place and time in which the hearing will be held. - HEPB members must have knowledge of and interest in historic and environmental preservation (certified local government requirement); is it desirable that the same be required of UDRB members? - Would it be possible to obtain qualified professionals who would devote the time needed if boards were merged and the workload were doubled? - What should the composition be if the board were merged? How would merger affect the makeup and requirement criteria for the new board. Comments from HEPB members (on meeting of 06/21/94) Opposing merger: - Workload / duration of meetings. - Makeup of merged board / knowledge of historic preservation and environmental issues is imperative. - If the boards were joined there might be insufficient representation of members specialized in the fields of historic preservation and environmental preservation. - Public interest might be better served by maintaining the clear intent each board has now. This would make each board more effective in their pursuits. - Public interest might be better served by ensuring the right people are making decisions concerning specific issues. The question of the makeup of each board seems crucial. - It might be difficult for the public to understand what the mission would be of a merged board. Argument for focused mandate. - HPBD adopted a resolution in opposition to the merger of both boards, this resolution was passed unanimously. (6 to 0). - The public is better served by having different issues resolved by different boards. This would also prove to be more time 9 4 - 711,1 Page 11 of 12 13 effective for the public which otherwise might have to wait for long periods of time to have their particular case heard. 94- 711.1 Page 12 of 12 BUENA VISTA EAST HOMEOWNERS ASSOC. P.O. BOX 370096 XUAK FL. 33137 (305) 5719155 9/20/94 REGARDING: MERGER OF nM IIISTORIC AND ENVIRONWNTAL PRESERVATION BOARD AND URBAN DEVELOPMENT RF.VIFW BOARD. We am as Mkrm s 3rd Historic District opposed to the merging of above mentioned two boards. The Buena Vista East Homeowners have boon working for many years to auppwi the MSTORIL PRESERVATION BOARD as a single spe<:ializvd "TOOL" for Homeowners. We feel that merging with the IYRRAN DEVELOPMTNT REVIEW BOARD would not represent us in terms of preservation and would not further strengthen the neacssary perspective we require for the unique neighborhood we We :in. Sincerely, the Buren Vista Fast ijotneowncrs Association Pregident Submitted into the public record in c0ra-11-ection with item Z - a on _q_i-2: a -�'i �F. 1t.7 T t t V Hirai 94- 711.1 FROM : 3 POOLE ASSOCIATES PHONE NO. 253 2940 Sep. 22 1994 04:49PM P1 MANE'ITE 1. POOLL ASSOCIATES, iNc. President REALTORS September 21, 1994 City of Miami Dade County Office of Mayor and City Commission Miami City Hall 3500 Pan American Drive Miami, Florida 33133 City Clark Matty Hirai Dear Ms. Hirai, Su-biif.ii..i,.d lilt.,] t. 1 � xeco.rd. in ccrine-cfHon v itia item I (� on �q 0 Ilizai Ci 1Y Cleric This Thursday, September 22nd, 1994, the City of Miami Commission is scheduled to vote on the ordinance proposed and recommended by the City's Boards and Committees Review Committee which will formally sunset the Historic and Environmental Preservation Board and consolidate its functions together with Urban Development Review Board. bade Heritage Turst respectfully requests that the decisions to abolish or retain the important autonomous HEP Board be deferred from consideration on Thursday so that any further decisions may be made on the basis of approplate preservation Input and participation by the citizens and organizations who have furthered the cause of Historic Perservation in the City of Miami. This consolidation ordinance being proposed onThursday appears to have been developed and proposed without approplate input and participation by the preservation community and without appropriate safeguards insuring compliance of the historic preservation laws. Accordingly, the Dade Heritage Trust requests that the City of Miami revisit its decision -making process in this matter and the impact this proposed ordinance will have on historic preservation in the City. Again, we request that you allow discussion of this matter as scheduled but defer any decision until the process has bee appropriately reworked. ia cereinatte I. Poole 94— '711.1 1360.5 Souiii Dixie Highway, Miami, Florida 33176 5800 S.W. 73rd Stmet, South Miumi, Florida 33143 Ph: (305) 253-2940 F#x: (345) 232-5764 Ph: (305) 669-8118 Fax: (305) 669-4198 P. 01 SP 22 ' 4 15.26 RU7H JACOBS �it I TOM Al i t Submitted iutr., the pudic record in connection vin ; item on,------- Historic Preservation (:enter M atty Hirai 190 Southeast 12 '1�rrace t Miami,: Florida 33131 ,y Clerk 305/358-9572 ` SEP 22 194 15:27 RUTH JACOBS P. 02 IL11 V-111FI:4 Historic Preservation Center 190 Southeast 12 lbrrace Miami, Florida 33131 305/358-9572 Submitted into the Public record in corII'-I--'C`60n vv-'th CI - -q on. item Matty Hirai City Clerk ME e7'- 741 9/13 94 ORDINANCE NO. N ORDINANCE ABOLISHING THE CITY OF MIAMI STORIC AND ENVIRONMENTAL PRESERVATION BOARD A THE CITY OF MIAMI URBAN DEVELOPMENT REV EW BOARD AND ESTABLISHING IN LIEU THEREOF A NE BOARD TO BE KNOWN AS THE CITY OF MIAMI DESIG AND PRESERVATION BOARD; FURTHER, ESTABLI ING THE REQUIREMENTS FOR MEMBERSHIP, FUNCTION POWERS AND DUTIES, PROCEEDINGS, COMPENSAT N AND APPEALS FROM DECISIONS FOR SAID BOARD ND PROVIDING FOR THE APPOINTMENT OF A PRESE ATION OFFICER TO ASSIST SAID BOARD; MORE ARTICULARLY, BY DELETING IN THEIR ENTIRET ARTICLES VII AND IX OF CHAPTER 62 OF TH CODE OF THE CITY OF MIAMI, FLORIDA, AS AMEN D, CONSISTING OF SECTIONS 62-70 THROUGH 62 75 AND SECTIONS 62-83 THROUGH 62-88 OF S D CODE AND ADDING NEW ARTICLE IX TO CHAPTE 62 OF THE CODE OF THE CITY OF MIAMI, FL RIDA, AS AMENDED, CONSISTING OF SECTIONS 6 -83 THROUGH 62-89 OF SAID CODE; CONTAINING A EPEALER PROVISION AND SEVERABILITY CLAUSE AN PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution o. 93-766, adopted December 16, 1993, the City Commission est fished a committee known as the City's Boards and Committees Rev\sa:iL:dboa e and directed said Committee to evaluate the and effectiveness of each existing board and oomake recommendations to the City Commission the continuation, abolishment or consolidation ofs and committees and of any changes which should be made in the membership, function or any other characteristic of said boar s and committees; and DENIED BY, q�A._ WHEREAS, pursuant to the City Commission's directive, the City's Boards and Committees Review Committee (the "Committee") held meetings and rendered a report making findings and recommendations to the City Commission, at its meeting of February 17, 1994; and WHEREAS, in its report to the City Commission, the Committee made a recommendation that the City of Miami Historic and Environmental Preservation Board and the City of Miami Urban Development Review Board be merged and that the purposes, powers and duties of said boards be combined; and WHEREAS, pursuant to Resolution No. 94-219, adopted March 24, 1994, the City Commission adopted the additional recommendations made by the City's Boards and Committees Review Committee as contained in the report to the Mayor and City Commissioners dated January 31, 1994, and presented to the City Commission at its meeting of February 17, 1994, which recommendations included that the City of Miami Historic and Environmental Preservation Board and the City of Miami Urban Development Review Board be merged, and that the purposes, power and duties of said boards be combined, and directed the City Manager to take any steps necessary to implement said recommendation; and WHEREAS, the City of Miami Planning, Building and Zoning Department, at the City Commission Meeting of September 22, 1994, submitted a study listing issues both in favor of and in opposition to the merger of the Historic and Environmental Preservation Board and the Urban Development Review Board; and 94- 712 -2- WHEREAS, the City Commission, upon its review and consideration of the study submitted by the City of Miami Planning, Building and Zoning Department, wishes to merge the Historic and Environmental Preservation Board and the Urban Development Review Board and to amend the Code of the City of Miami, Florida, as amended, to effectuate said merger; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The following boards shall be abolished as of the effective date of this Ordinance, provided, however, that said boards shall continue to function as two separate boards until such time as the membership requirements for a quorum for the City of Miami Design and Preservation Board, created pursuant to Section 5 herein, have been complied with: Historic and Environmental Preservation Board Urban Development Review Board Any funds or assets in the possession of any board abolished pursuant to this Section shall be released and delivered to the City. Section 3. Article VII, consisting of Sections 62-70, 62-71, 62-72, 62-73, 62-74 and 62-75 of Chapter 62 of the Code of 94- '712 -3- W the City of Miami, Florida, as amended, concerning the City of Miami Historic and Environmental Preservation Board, is hereby deleted in its entirety. Section 4. Article IX, consisting of Sections 62-83, 62-84, 62-85, 62-86, 62-87, and 62-88 of Chapter 62 of the Code of the City of Miami, Florida, as amended, concerning the City of Miami Urban Development Review Board, is hereby deleted in its entirety. Section 5. New Article IX, consisting of Sections 62-83, 62-84, 62-85, 62-86, 62-87, 62-88 and 62-89, concerning the City of Miami Design and Preservation Board, is hereby added to Chapter 62 of the Code of the City of Miami, Florida, as amended, to provide as follows: "Article IX. DESIGN AND PRESERVATION BOARD. Sec. 62-83. Establishment. There is hereby established a board, to be known as the City of Miami Design and Preservation Board, for the following purposes: (1) carrying out the provisions of Chapters 17 and 23.1 of the Code of the City of Miami, Florida, and Article 7 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended or superseded; and (2) recommending whether the design of developments and/or improvements within certain zoning districts as shown in the Zoning Atlas of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended or superseded, is in conformance with City guides and standards. Sec. 62-84. Membership. The Design and Preservation Board shall consist of nine (9) members and one (1) alternate member, to be appointed by the City Commission. 94- '712 -4- 1. Qualifications. It is intended that members and the alternate member of the Design and Preservation Board established by this Article be persons of knowledge, experience, mature judgement and background, having ability, special professional training and desire to act in the public interest in order to make informed and equitable decisions concerning architectural, urban, physical and site design and the preservation and protection of the physical environment. To that end, qualifications of board members shall be as follows: (a) Five (5) members shall be either architects or landscape architects; at least one (1) of these members shall be an architect and at least one (1) shall be a landscape architect. All of these members shall be registered in the State of Florida and shall have a minimum of five (5) years experience after registration in the practice of their professions. (b) Four (4) members shall be professionals from the disciplines of architecture, history, architectural history, planning, archaeology or other historic preservation related disciplines such as urban planning, American studies, American civilization, cultural geography or cultural anthropology, or lay persons who have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines. (c) The alternate member shall satisfy the qualifications set forth in paragraph (b), above. (d) During the qualification process, organizations such as the American Institute of Architects, the American Society of Landscape Architects, Dade Heritage Trust and the Historical Association of Southern Florida shall be encouraged to submit names of persons and their qualifications to the City Commission through the City Clerk. (e) All members shall reside in the City of Miami. 2. Procedure for appointment. No appointment shall be made by the City Commission to membership on -5- 94- 712 the board until the City Clerk shall have given notice of the vacancy in a newspaper of general circulation in the City at least thirty (30) days prior to the making of an appointment, and the City Commission shall have solioited and encouraged public, professional, and citizen organizations having interest in and knowledge of the purpose and intent of the board to submit names of persons and their qualifications as prospective appointees to the board. At least five (5) days prior to the making of any appointment, the City Clerk shall publicly make announcement that the list of names submitted, together with a short statement of the qualifications of each person, is prepared and made available for public inspection and consideration. In addition, the City Clerk shall, at least five (5) days prior to the making of any appointment, publicly make announcement that the names and qualifications of prospective nominees submitted by members of the City Commission are available for public inspection and consideration. No person shall be appointed to membership or alternate membership on the board whose name and qualifications have not been made publicly available in the manner set out hereinabove. In reaching a decision on any ,appointment, the City Commission shall give due consideration to the qualifications thus submitted. 3. Terms of office. The members and alternate member of the board shall be appointed to serve a term of two (2) years or until the nominating commissioner leaves office, whichever occurs first. The members and alternate member may be reappointed to consecutive terms, subject to the procedures set forth in Subparagraph (2) hereinabove. 4. Vacancies. Vacancies in membership or alternate membership of the board shall be filled by the City Commission in the manner set forth in Subparagraph (2) hereinabove, and shall be only for the unexpired term of the member or alternate member affected. 5. Removal. The members and alternate member of the board may be removed with or without cause by vote of not less than three (3) members of the City Commission; however, any member or alternate member of the board who fails to comply with the attendance requirements contained in Sec. 2-430 of this Code, shall be automatically removed in the manner prescribed under Sec. 2-433 of this Code. -6- 94- 712 OR Sec. 62-85. Function, powers and duties generally. 1n addition to such other powers, duties and authority as may be set forth elsewhere in the City Code and in the zoning ordinance, the Design and Preservation Board is hereby authorized to: (1) Review and recommend to the Planning, Building and Zoning Director approval, approval with conditions or disapproval, of applications for Class 11 Special Permits within certain zoning districts, pursuant to City Guides and Standards for Administrative Review referenced in section 2- 135(8) of this Code, or such design guides contained in the requirements of the applicable zoning district text. (2) Require submission to the board of all information as may be reasonably necessary for the board to evaluate completely the proposed structure or improvement. (3) Recommend, from time to time, to the Director of Planning, Building and Zoning Department, modifications and/or amendments to the City Guides and Standards. (4) Maintain and update files from the County Historic Survey within the City for purpose of identifying and preserving those properties and neighborhoods of special historic, aesthetic, architectural, archeological, cultural, social, or political value or interest. It shall endeavor to improve and expand the survey with additional sites, documentary information, oral histories, and other such materials as may become available; and to periodically reevaluate the survey to determine whether changing times and values warrant recognition of new or different areas of significance. (5) Serve as a quasijudioal instrument to designate historic sites, historic districts, and archeological zones pursuant to Chapter 23.1 of the Miami City Code. (6) Serve as a quasijuideial instrument to approve or deny certificates of appropriateness pursuant to Chapter 23.1 of the Miami City Code and Article 7 of the Zoning Ordinance. (7) Serve as a quasijudioal instrument to approve or deny certificates of approval pursuant to Chapter 17 of the Miami City Code. -7- 9 4 - 712 (8) Recommend to the City Commission, in reference to speoifio properties or general programs, the use of preservation incentives such as, but not limited to, transfer of development rights, facade easements, financial assistance, public acquisition, building code amendments, and special zoning regulations. (9) Maintain a record of unique environmentally significant lands or sites within the City. (10) Increase public awareness of the value of historic and environmental preservation by developing and participating in public information programs. (11) Make recommendations to the City Commission concerning the utilization of grants from federal and state agencies or private groups and individuals, and utilization of City funds to promote the preservation of environmentally, historically, and aesthetically significant properties and neighborhoods. (12) Promulgate standards for architectural review in addition to those general standards contained in Chapter 23.1 of the Miami City Code. (13) Make recommendations, evaluate and comment upon decisions of other boards, committees and public agencies affecting the physical development and appearance of environmentally, historically, and aesthetically significant properties and neighborhoods. (14) Contact public and private organizations and individuals and endeavor to arrange intervening agreements to ensure preservation of environmentally, historically, or aesthetically significant properties for which demolition is proposed. (15) Promote and encourage communication and exchange of ideas and information between the board and owners of historically and environmentally significant properties, potential developers, public officials, financial institutions, eto. (16) In the name of the City and with the consent of the City Commission, apply for, solicit, receive, or expand any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property in furtherance of the purposes of historic and environmental preservation. -8- 94- 712 (17) Approve historic markers and issue recognition to historic properties within the City. (18) Adopt and amend rules or procedure. (19) Advise the City Commission on all matters related to the use, administration, and maintenance of oity-owned historic properties and environmental preservation districts. (20) Any other function which may be designated by resolution or motion of the City Commission. Sec. 62-86. Proceedings. (a) Officers. The board shall select a chairperson and vice -chairperson from among its members to serve for a one-year terms and may create and fill such other offices as it may deem necessary or desirable. (b) Rules of procedure. The board shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of the City Charter, Code or ordinances, and resolutions. Such rules of procedure shall be available in written form to persons appearing before the board and to the public upon request. (c) Meetings. The board shall meet at least once per month, except for August. The Planning, Building and Zoning Director or chairperson can call a special meeting upon five (5) days' notice. All meetings shall be open to the public. (d) Quorum; voting.. Five (5) members shall constitute a quorum. All decisions of the board shall require concurring vote of a majority of the members present; however, all actions on designations pursuant to Chapter 23.1 of the Miami City Code and all actions on certificates of appropriateness pursuant to Article 7 of the Zoning Ordinance shall require a concurring vote of at least (5) members of the board, and a tie vote shall be construed as a denial. (e) Status of alternate member. In the temporary absenoe or disability of a member, or in an instance where a member is otherwise disqualified to sit on a particular matter, the chairperson of the board, or the vioe-chairperson in his/her absence, shall designate the alternate member to sit as a board member to obtain a full membership of nine (9), or, as nearly as possible, a full membership. When so acting, the alternate member shall have full rights of 94- 712 participation and voting as members, and his/her vote shall be deemed that of a member in reaching a decision on a matter. In instances where the alternate member is not sitting as a member, he/she shall have the right to participate in board decisions and to ask questions, but he/she shall have no right to vote or make motions. Where the alternate member has been duly designated to sit as a member on a particular matter and consideration of that matter has begun, the alternate shall continue to sit as a board member through disposition of the matter, and he/she shall not be replaced should the member in whose stead he/she is sitting later be present. (f) Disqualification of members or alternate member. If any member of the board or the alternate member called on to sit in a particular matter shall find that his/her private or personal interests are involved in the matter coming before the board, he/she shall, prior to the opening of the discussion on the matter, disqualify himself/herself from all participation of whatsoever nature in the cause; or he/she may be disqualified by the votes of not less than a majority of the total membership of the board, not including the member or alternate member about whom the question of disqualification has been raised. (g) Assignment of staff. The City Manager or the City Attorney, as appropriate, shall assign adequate staff for the board to carry out its responsibilities and duties, including but not limited to, representatives from the departments of Planning, Building and Zoning and Law. (h) Public record. Minutes of each board meeting shall be prepared by staff representatives assigned by the City Manager, under the supervision and direction of the board. Copies of the minutes and all certificates issued by the board shall be filed with the Planning, Building and Zoning Department. Sec. 62-87. Compensation. Members and alternate members of the board shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to the prior approval of the Director of the Planning, Building and Zoning Department. Sec. 62-88. Appeals from decisions. (a) Appeals to this Board from any decision of the Director of the Planning, Building and Zoning -10- 9 4 - 712 Department with respect to Class 11 Special Permits must be filed in accordance with Article 18 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended or superseded. (b) Appeals to the City Commission from any decision of this Board on matters relating to designations and certificates of appropriateness must be filed in accordance with Chapter 23.1 of the Miami City Code. (c) Appeals to the City Commission from any decision of this Board on matters relating to certificates of approval must be filed in accordance with Chapter 17 of the Miami City Code. Sec. 62-89. Preservation Officer. The City Manager shall appoint a person from the Planning, Building and Zoning Department to serve as Preservation Officer to assist the board. The appointee shall be experienced and knowledgeable in respect to architecture, architectural history, urban design, local history, landscape materials, and land use control regulations. In addition to such duties as may be set forth in Chapters 17 and 23.1 of the Miami City Code and Article 7 of the Zoning Ordinance, the Preservation Officer shall: (1) Schedule meetings of the board, prepare agendas, and ensure that proper notice is carried out by persons or departments assigned to such duties. (2) Provide applicable advice, standards, guidelines, and - procedures to prospective applicants for certificates of appropriateness in historic sties, historic districts, and archeological zones and for certificates of approval in environmental preservation districts. (3) Upon receipt of a complete application for a certificate of appropriateness or certificate of approval, review such application, which may include a field check of the site and referral to other departments or agencies as necessary, to determine any adverse effect upon the public welfare; and approve or deny standard certificates of appropriateness and standard certificates of approval. (4) Provide recommendations to the board on all proposed designations, special certificates of appropriateness, and special certificates of approval, as well as any other item requested by the board. -11- 94- 712 ter, (5) Prepare summary reports of all decisions on special certificates of appropriateness and special certificates of approval, including criteria and conditions for approval or denial. (6) Issue all approved certificates of appropriateness and certificates of approval. (7) Review and approve all final development plans for historic sites, historic districts, archeological zones, and environmental preservation districts for compliance with terms and conditions of applicable certificates of appropriateness or certificates of approval, prior to issuance of any building permit. (8) Maintain and update the Official Historic and Environmental Preservation Atlas of the City of Miami, Florida," delineating historic sites, historic districts, archeological zones, and environmental preservation districts. (9) Work with other departments, public agencies, and private groups as required to provide a continuing effect to protect and preserve significant elements of the man-made and the natural environment through public education and encouragement of sound preservation policies. (10) Provide appropriate information on projects, standards, guidelines, procedures and 'related materials to applicants for Class II Special Permits which will be reviewed by the board. (11) Prepare summary reports of board actions and transmit them to the Planning, Building and boning Director as input to Class II Special Permits." Section 6. It is the intention of the City Commission that all references to the Historic and Environmental Preservation Board and to the Urban Development Review Board contained in the Code of the City of Miami, Florida, as amended, or in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, shall refer to the City of Miami Design and Preservation Board as of the effective date of this Ordinance. -12- 94- 712 n14") Section 7. All ordinances or parts of ordinances insofar as they are inconsistent or in eonfliot with the provisions of this Ordinance are hereby repealed. Section 8. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 9. This Ordinance shall become effective sixty (60) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this day of 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of ATTEST: MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY M2052/IMA/BSS/bjr 1994. STEPHEN P. CLARK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A . .Q NN I I I CITY ATT EY 94- 712 -13- CITY OF MIAMI, FLORIDA PZ=13 INTER -OFFICE MEMORANDUM Honorable Mayor and Members SEP 12 po! TO : of the City Commission DATE : FILE Ordinance: Design and SUBJECT : Preservation Board Agenda Item: FROM : Cesa o REFERENCES: City Commission Meeting City ger of September 22, 1994 ENCLOSURES: RECOMMENDATION If the Commission decides to merge the Historic and Environmental Preservation Board (HEPB) and the Urban Development Review Board (UDRB) in the companion item to this, then it is recommended that the Commission adopt the attached ordinance which merges the HEPP and UDRB into a new board - the Design and Preservation Board - with all tht- authority and responsibility of the previous boards. Owing to the necessity of advertising for positions, nominations will not be available until the November City Commission meeting. BACKGROUND: The new Design and Preservation Board (DPB) assumes all the authority and responsibilities formerly held by the previous boards. In urban design, it will offer recommendations to the Planning, Building and Zoning Director for major projects in Brickell, Downtown and upper Biscayne Boulevard. In the area of environmental protection, it will make decisions (unless appealed) pertaining to Environmental Preservation Districts, Scenic Transportation Corridors and tree protection, generally. It will continue to make decisions (unless appealed) pertaining to historic preservation so that our heritage is preserved for future generations. The DPB will consist of nine members and an alternate. Five members will be required to be architects or landscape architects, provided there is a minimum of one architect and one landscape architect; the other four members and an alternate can be architects or landscape architects, or other professionals but can also be lay citizens who have demonstrated special interest in architecture, history, or related disciplines. Due to advertising, nominations will not become available until late November or early December, for initial two year terms to be coterminous with the term of the appointing Commissioner; each Commissioner will have two nominations. Attachments 94- 712 Dade HeritageA - - W1 no 51 Trust J Historic Preservation drrltLqm ber 20, 1994 ' 190 Southeast 12 Ter. Miami, Florida 33131 Ms. Matty Hirai, City Clerk q Phone: 305 / 358-9572 City of Miami Fax: 305 / 358-1162 II' Dear Ms. Hirai: �- 1994-95 OFFICERS OFFIC This Thursday, tember 22nd, 1994, t City of Miami Commission is scheduled to vote on the Norah K. Schaefer ordinance propos ecomme by the City's Boards and Committees Review Committee 1st Vice President which will formally sunset the Historic and Environmental Preservation Board and consolidate its Joseph L. Herndon functions together with Urban Development Review Board. Dade Heritage Trust respectfully 2nd Vice Margaret Ralph ent requests that the decision to abolish or retain the important autonomous HEP Board be Treasurer defen'ed from consideration ou "Thursday so that anfurther decisions may be made on the Samuel D. La Roue basis of appropriate preservation input and participation by the citizens and organizations Assistant 7lasurcr Ann Weller who have furthered the cause of Historic Preservation in the City of Miami. Enid Pit k ey It is our position that this consolidation may be contrary to established governmental and Historic Past President Preservation laws and requires further exploration. As a citizens' organization, it is our opinion that Elizabeth L. Metcalf this decision may have been reached without appropriate regard for the impact on historic TRUSTEES preservation in the City of Miami. Upon infomtation made available by the City to us, the proposed Margot l le wn Cal Beatnz Capot a ordinance for dissolution of the Historic and Environmental Preservation Board placed on the Ronald Fe1ds Commission agenda was done NNithout appropriate consultation with Historic Preservation groups. Beaulah Flournoy Carmen Dean Jackson In fact, even the study submitted by the City Planning Department upon close scrutiny appears to Ruth Jacobs Dennis Kamen demonstrate against the passing of this ordinance. Robert M.Levy Mana Llorea Felix Mendez Felix Pardo The proposed ordinance does not meet the goals of the City's plains far consolidation in this Jeanette Poole Miguel seta apparently cursory study of the consolidation issue.as it pertains o the Historic and Environmental PP �' �' �' P t Herb w Preservation Board. A consolidated Board would not consume less staff time and monies; separate Boards currently do not result in a duplicity of efforts; the current Board can benefit from views of ADVISORS architect members; citizens will have no easier access to Historic Preservation decisions. It appears Peter Andolina Michael W. Beeman that the recommendation relating to this proposed ordinance by the City's Boards and Committees ll Duerr opt Review Committee is simply wrong. In fact, the ordinance ,appears to have originated in a o'thy Fields misinterpretation of the spirit and intent of consolidation intended by the City's Commission. We Paul G Flrmmg Paul George ' ,. . ' ' •' i ' i „ comL n"'C' of ai'L ilUt aSSlilttlrlrb LaQ-fa1L1: Ull the }'Yiil t JL trtG t_.li) 5 1'lcialuS cu,:i ..:irlrliiiLees l�r.'.`_�:. e Jude HoSallward Kleinberg the City, but rather misunderstanding of the issues at hand due to a lark of preservationist input and Nancy Liebman participation. Finlay Matheson Becky Roper Matkov =Meyerlar Aristides Mil In short, this consolidation ordinance being proposed on Thursday appears to have been lltomas R. Mooney Lce Niblock developed and proposed without appropriate input and participatioo by the preservation Arva Moore Parks Donald D. Slesnick 11 community and without appropriate safeguards it>t�suring compliance of the historic Betsy .n Ugi scion Ellen U uceioni preservation laws. Accordingly, the Dade Heritage Tnist requests that the City of Miami Dom Valdes•Fauli Jody Verrengia revisit its decision -making process in this matter and the impact this proposed ordinance will have on historic preservation in the City. Again, we request that you allow discussion of this matter as scheduled but defer any decision until the process has been appropriately reworked. DADE HERITAGE TRUST BOARD OF TRUSTEES Jr Submitted B : Glenna Cook-McKiticricl., Fxecalive Director