2001-24562 RESO
RESOLUTION NO. 2001-24562
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 118, "ADMINISTRATIVE AND
REVIEW PROCEDURES," ARTICLE VII. "DIVISION OF LAND/LOT
SPLIT," BY AMENDING SECTION 118-321 "PROCEDURE," BY
ELIMINATING THE REVIEW BY THE PLANNING DIRECTOR AND
REQUIRING ALL REQUEST FOR DIVISION OF LAND TO BE
REVIEWED BY THE PLANNING BOARD; BY AMENDING SECTION 118-
323 "APPEAL PROCEDURES," BY ELIMINATING THE APPEAL OF THE
DECISION OF THE PLANNING DIRECTOR TO THE PLANNING BOARD,
AND BY CREATING A NEW SECTION 118-323 ESTABLISHING
REVOCATION PROCEDURES; BY AMENDING "APPENDIX A, FEE
SCHEDULE - ARTICLE VII. DIVISION OF LAND/LOT SPLIT" BY
ADJUSTING THE FEES PERTINENT TO THESE PROCEDURES;
PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the Business Resolution Task Force has recommended that certain city
processes and reviews by analyzed and further streamlined; and
WHEREAS, the administrative review oflot splits generally results in requiring the Planning
Board to review the request in a public hearing; and
WHEREAS, by amending the existing lot split regulations to be reviewed directly by the
Planning Board will eliminate the administrative review and thereby streamlining the process; and
WHEREAS, to enable the City Commission to hold a public hearing on the proposed
amendments in a timely manner at its September 20, 2001 meeting, the Administration is requesting
that the public hearings be set at this time;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to
consider the changes to the Division of Land/Lot split review procedures as set forth in the Land
Development Regulations of the Code of the City of Miami Beach, as described above, is hereby
scheduled on September 20, 2001 in the City Commission Chambers at 1700 Convention Center
Drive, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to publish and
distribute the appropriate public notice of the public hearings at which time all interested parties will
be heard.
PASSED and ADOPTED this ~ day of September
,2001.
ATTEST:
~r ~()A~
CITY CLERK
Resolution No. 2001-24562
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
11f~ SPf)l
City Attorney Date
F:\PLAN\$PLBIJUL Y\200111518AMNDl1520RESO. WPD
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: September 5, 2001
FROM:
Jorge M. Gonzalez ~~
City Manager IT' U
Setting of Public arings -Revision to the Division of Landllot Split Review
Procedures
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER PROPOSED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VII.
"DIVISION OF LAND/LOT SPLIT," BY AMENDING SECTION 118-321
"PROCEDURE," BY ELIMINATING THE REVIEW BY THE PLANNING
DIRECTOR AND REQUIRING ALL REQUEST FOR DIVISION OF LAND
TO BE REVIEWED BY THE PLANNING BOARD; BY AMENDING
SECTION 118-323 "APPEAL PROCEDURES," BY ELIMINATING THE
APPEAL OF THE DECISION OF THE PLANNING DIRECTOR TO THE
PLANNING BOARD, AND BY CREATING A NEW SECTION 118-323
ESTABLISHING REVOCATION PROCEDURES; BY AMENDING
"APPENDIX A, FEE SCHEDULE - ARTICLE VII. DIVISION OF
LAND/LOT SPLIT" BY ADJUSTING THE FEES PERTINENT TO THESE
PROCEDURES; PROVIDING FOR INCLUSION IN THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set the required public hearings for a
time certain on September 20, 2001 for this proposed amendment to the Division ofLandlLot Split
regulations of the Code of the City of Miami Beach.
ANALYSIS
The proposed amendments to Article VII. "Division ofLandlLot Split," are an attempt by staff to
simplify processes and reviews included in the Land Development Regulations of the City Code,
as part of the recommendations made by the Business Resolution Task Force. Specifically, the
following is noted with regard to each pertinent section ofthe Code:
AGENDA ITEM
ClO
9-5-01
DATE
. .
Commission Memorandum
September 2001
Setting Public Hearings for Lot split review procedures
Page 2
ANALYSIS (continued)
1. Section 118-321 "Procedure"
The amendment to this section eliminates the administrative review of a request for lot
split. Generally, requests for administrative review of lot splits result in a denial by the
planning director, as most requests do not meet the criteria established in the city code.
Currently, the administrative denial is appealed to the planning board, which requires an
application for a public hearing. The elimination of the administrative review and the
subsequent appeal process, streamlines this time consuming process. The proposed
amendment would require public hearings by the planning board for all lot split
applications.
2. Section 118-323 "Appeal Procedures"
The appeal process of an administrative denial of a lot split would be eliminated from this
section. The amendment to this section would correct the procedures applicable to
enforcement of planning board orders. The amendment would clarify that enforcement, or
revocation or modification, can be brought to the board for consideration based on repeated
or intermittent noncompliance with board orders, regardless of the applicant's compliance
during the prescribed IS-day cure period following notice of noncompliance.
3. "Appendix A, Fee Schedule
The amendment to the fee schedule would eliminate the existing fee for an administrative
review, and establish an after-the-fact fee that would be in addition to the application fee.
The subject amendments require two advertised public hearings on the proposed ordinance, with
at least one hearing held after S :00 p.m. The public notice shall be advertised at least 7 days before
the first hearing date; the second notice shall be advertised at least S days prior to the second public
hearing.
To enable the City Commission to hold a public hearing on the proposed amendment in a timely
manner at its September 20, 200 I meeting, the Administration is requesting that the public hearings
be set at this time.
Based on the foregoing, the Administration recommends that the City Commission set the required
first public hearing regarding the proposed amendment to the Division of LandlLot Split Review
Procedures of the City Code as referenced above and more particularly as set forth in the attached
resolution, for September 20, 2001.
JMG\e!tfcL
attachments
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