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2010-3711 Ordinance ORDINANCE NO. 2010 -3711 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT. ' REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II,. "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118- 134, : "NOTIFICATION OF HEARINGS ": ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 118 -193. "APPLICATIONS FOR CONDITIONAL USES"; ARTICLE VI, "DESIGN REVIEW PROCEDURES "; SECTION 118 -254, "DECISION OF DESIGN REVIEW BOARD," AND SECTION 118 -257, "DEFERRALS, CONTINUANCES AND WITHDRAWALS," ARTICLE X, "HISTORIC PRESERVATION "; SECTION 118 -563, "REVIEW PROCEDURE," AND SECTION 118 -591, "HISTORIC DESIGNATION PROCEDURE," AND ARTICLE XI, "NEIGHBORHOOD . CONSERVATION DISTRICTS (NCD) "; SECTION 118 -705, "PROCEDURES FOR ADOPTION OF SPECIFIC NCD OVERLAY DISTRICTS," TO EXPAND THE PUBLIC NOTICE PERIOD FOR ALL FOUR LAND USE BOARDS FROM 15 DAYS TO 30 DAYS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the TRAC Committee recommendations aspire to make the Land Development Application and Review Process more transparent and accessible to the public; and WHEREAS, an important recommendation of the Committee was to extend the required mailed and newspaper notices for all four land use boards from 15 days to 30 days minimum; and WHEREAS, the Land Use and Development Committee requested that an ordinance amendment be drafted, which will extend the required mailed and newspaper notice for all four land use boards from 15 days to 30 days minimum; and WHEREAS, doing so should result in significant increases in public awareness and participation in the City's Planning and Development activities; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: • Section 1. Chapter 118, "Administration and Review Procedures," Article II, Boards,, Division 5, "Board of Adjustment," Section 118 -134, "Notification of hearings" is hereby amended as follows: 1 of5 5 of Sec. 118 -134. Notification of hearings. The board of adjustment shall not vary or modify any regulation or provision of these land development regulations or hear an appeal of an administrative decision until a public hearing has been held. At least 30 days prior to the public hearing date, a description of the request, and the date, time and place of such hearing shall be (i) posted on the property, (ii) advertised in a paper of general paid circulation in the community, and (iii) given by mail to the owners of record of land Ivinq within 375 feet of the property. This mailed notification requirement shall be the responsibility of the applicant. - ' -_ - _ - -- = - • - - - - - - - - . - -e= - e='= - e- • e Where the application is for an appeal of an administrative decision the preceding information shall be supplemented by an explanation of what is being appealed. Section 2. Chapter 118, "Administration and Review Procedures," Article IV, "Conditional Use Procedure," Sec. 118 -193. "Applications for conditional uses" is hereby amended as follows: Sec. 118 -193. Applications for conditional uses. A At least 30 days prior to the public hearing date, a description of the request, and the date, time and place of such hearing shall be la posted on the property, ii and advertised in a paper of general paid circulation in the community, and (iii) - given by mail to the owners of record of land lying within 375 feet of the property. This mailed notification requirement shall be the responsibility of the applicant. Section 3. Chapter 1 "Administration and Review Procedures," Article VI, "Design Review Procedures," is hereby amended as follows: Sec. 118 -254. "Decision of design review board" * * * (b) At least 30 days prior to the public hearing date, a description of the request, and the date, time and place of such hearing shall be (i) posted on the property, (ii) be advertised in a paper of general paid circulation in the community municipality; and (iii) given by mail to the owners of record of land lying within 375 feet of property. The mail notification requirement shall be the responsibility of the applicant. * * * Sec. 118 -257. Deferrals, continuances, and withdrawals. 2 of 5 (a) An applicant may defer an application before the public hearing only one time. The request to defer shall be in writing. When an application is deferred, it shall be re- noticed at the applicant's expense as provided in section 118 -254. The applicant shall also pay a deferral fee as set forth in this article. In the event that the application is not presented to the design review board for approval at the meeting date for which the application was deferred, the application shall be deemed null and void. If the application is deferred by the board, the notice requirements shall be the same as for a new application as provided in section 118 -254, and shall be at the city's expense. (b) The board may continue an application to a date certain at either the request of the applicant or at its own discretion. - _ _ _ _ - _ _ ' - - ' _ - •_ _e _e- _ Section 4. Chapter 118, "Administration and Review Procedures," Article X, "Historic Preservation," is hereby amended as follows: Division 3. Issuance Of Certificate Of Appropriateness /Certificate To Dig /Certificate Of Appropriateness For Demolition" Section 118 -563, "Review procedure" * * * (c) All applications for a certificate of appropriateness for the demolition or partial demolition of any building, structure, improvement, significant landscape feature, public interior or site individually designated in accordance with sections 118 -591, 118 -592 and 118 -593, or located within an historic district and all applications for a certificate of appropriateness for new building construction, alteration, rehabilitation, renovation, restoration or any other physical modification of any building, structure, improvement, significant landscape feature, public interior or site individually designated in accordance with sections 118 -591, 118 -592 and 118 -593, or located within an historic district shall only be considered by the board following a public hearing. hex ' At least 30 days prior to the public hearing date, a description of the request with the date, time and place of such hearing shall be Q posted on the property, (ii) advertised in a paper of general paid circulation in the communitys and Ilia notice shalt be given by mail to the owners of record of land lying within 375 feet of the property. The mail notification requirement shall be the responsibility of the applicant. * * Division 4. Designation Sec. 118 -591. Historic designation procedure. 3 of * * (f) Public hearing; notification. A public hearing on a proposed historic preservation designation shall be conducted by the historic preservation board after the date a designation report has been filed. The property owners of record within 375 feet of the property proposed for designation shall be notified by mail of the public hearing at least 45 30 days in advance of the hearing. This notification requirement shall be the responsibility of the applicant. (g) Designation procedures initiated by owners of single - family homes in single - family districts. Notwithstanding the above, the following shall apply to any request by property owners for the individual designation of their single - family homes as historic structures: * * * (2) Public notice requirements. At least 45 30 days prior to the public hearing date for the subject designation, a description of the request with the time and place of the public hearing, shall be advertised in a paper of general paid circulation in the community. Section 5. Chapter 118, "Administration and Review Procedures," Article XI. "Neighborhood Conservation Districts (NCD)" is hereby amended as follows: Sec. 118 -705. Procedures for adoption of specific NCD overlay districts. * * * (b) Preliminary review. * * * (2) Notification of the preliminary public hearing shall be advertised in accordance with section 118- 164(2)(b) regardless of acreage and, in addition, all property owners within the proposed district as well as within a 375 -foot radius of the proposed district shall be notified by individual mail notice with a description prepared in plain English, and postmarked not less than 45 30 days in advance of the hearing. * * * (d) Discussion and recommendations by the design review board. * * * (2) Notification of this public meeting shall be advertised in a newspaper of general circulation at least 45 30 days prior to the meeting. Section 6. Repealer. 4of5 All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. Section 7. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of . this ordinance may be renumbered or relettered to accomplish such intention, and that the word "ordinance" may be changed to "section" or other appropriate word. Section 8. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 9. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 8th day of December , 2010. /1Z P. i MAYOR ATTE Ltkt , CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ./ II /f` . ; Mri Attorney Date First November 17, 2. I /' Second Reading: December 8, 2010 fi Verified by: Richard G. Lorber, AICP Acting Planning Director Underscore denotes new language. denotes deleted language. T:\AGENDA\2010\November 17\Regular\Expan to 30 -day notice ORD rev.docx 5 of COMMISSION ITEM SUMMARY Condensed Title: An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending the public notice period from 15 days to 30 days for all four land use boards Key Intended Outcome Supported: Regulatory - Supporting Data (Surveys, Environmental Scan, etc Regulatory Issue: Should the City Commission expand the public noticing requirement of all four land use boards from 15 days to 30 days; thereby extending the submission deadlines from approximately 45 days to 60 days? Item Summary /Recommendation: SECOND READING PUBLIC HEARING At the September 27, 2010 meeting, the Land Use and Development Committee discussed and referred an ordinance to the Planning Board that would extend the mailed notice requirement in the Land Development Regulations of the City Code from 15 days to 30 days. This proposal developed out of the TRAC Committee recommendations to make the Land Development Application and Review Process more transparent and accessible to the public. Implementation of the proposed ordinance will result in delaying the timing for applications to be heard by the respective land use boards. By requiring the publishing of a 30 -day notice, staff will have to advance the submission deadlines an additional two weeks, which will have the effect of making this a two -month (60 days) deadline before the scheduled hearing. However, since additional requirements have been adopted in the past year; requiring certain consultant studies for noise and traffic impacts, and in many cases requiring a second peer review performed by a City hired professional consultant, building extra time into the application process is warranted in order to allow adequate, time to commission and review such studies. The Administration recommends that the City Commission adopt the proposed ordinance. Advisory Board Recommendation: At the October 26, 2010 meeting, the Planning Board voted not to recommend approval of the proposed ordinance by a vote of 5 -2. The Board discussed this ordinance extensively and ultimately believed that the additional time added to the submission deadlines in order to provide a 30 -day notice was not business friendly and extremely onerous to applicants. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon the resources of the City at this time. City Clerk's Office Legislative Tracking: Richard Lorber or Mercy Lamazares Si • n - Offs: 4 Dep . rt � , - nt Director ssistant Ci A anager City Manager T:1A ENDAl2010\December 8\Regular \1980 - •- - d ( 30 -da , no ice sum.d 414. AGENDA ITEM R s M IAMIBEA CH DATE 1 - ! 0 tte M IAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 8, 2010 140 econd Reading Public Hearing SUBJECT: AN ORDINANCE AMENDMENT TO EXPAND THE PUBLIC NOTICE PERIOD FROM 15 DAYS TO 30 DAYS FOR ALL FOUR LAND USE BOARDS • AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118 -134, "NOTIFICATION OF HEARINGS "; ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 118 -193. "APPLICATIONS FOR CONDITIONAL USES "; ARTICLE VI, "DESIGN REVIEW PROCEDURES "; CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION"; AND ARTICLE XI. "NEIGHBORHOOD CONSERVATION DISTRICTS (NCD) "; TO EXPAND THE PUBLIC NOTICE PERIOD FOR ALL FOUR LAND USE BOARDS FROM 15 DAYS TO 30 DAYS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND At the September 27, 2010 meeting, the Land Use and Development Committee discussed and referred an ordinance to the Planning Board that would extend the mailed notice requirement in the Land Development Regulations of the City Code from 15 days to 30 days. This proposal developed out of the TRAC Committee recommendations to make the Land Development Application and Review Process more transparent and accessible to the public. City Commission Memorandum File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards December 8, 2010 Page 2 ANALYSIS At the Land Use and Development Committee meeting of October 26, 2009, staff discussed with the Committee their plans to post additional information and documentation on the City's website and to expand the language of the project descriptions in the public notices for the Land Use Boards. The TRAC Committee recommendation to expand the public notice period for the four Land Use Boards (Planning Board, Board of Adjustment, Historic Preservation Board and Design Review Board) from 15 days to 30 days will require an amendment to the Land Development regulations. The attached ordinance would accomplish this task for all four boards. Implementation of the proposed ordinance will result in delaying the timing for applications to be heard by the respective land use boards. By requiring the publishing of a 30 -day notice, staff will have to advance the submission deadlines an additional two weeks, which will have the effect of making this a two -month (60 days) deadline before the scheduled hearing. However, since additional requirements have been adopted in the past year, requiring certain consultant studies for noise and traffic impacts, and in many cases requiring a second peer review performed by a City hired professional consultant, building extra time into the application process is warranted in order to allow adequate time to commission and review such studies. Planning Department staff has been discussing this proposal to extend the notice requirements with the four Land Use Boards, with stakeholders from the business and development community and with the neighborhood residents and citizen activists. There is always a strong desire to streamline governmental processes and reduce the time it takes to have proposals reviewed and approved. However, there is also a clear realization that additional public notice for pending land use and development approvals is important. Often public hearings are delayed or continued by the boards, when nearby residents or neighborhood groups complain about not having been notified about proposals until the last minute. Rather than to continue to entertain these arguments, by extending the notice period to 30 days, conflicts over late noticing can be reduced, and all parties can have more time to work together on building consensus. By extending the timeframes for applications and public notices for Land Use board hearings, together with improvements to the City's website and public outreach, Planning Department staff believes that significant increases in public awareness and participation in the City's Planning and Development activities can be achieved. Attached is a sample staff worksheet that illustrates how these new deadlines would work in relation to the meeting date. PLANNING BOARD ACTION At the October 26, 2010 meeting, the Planning Board voted not to recommend approval of the proposed ordinance by a vote of 5 -2. The Board discussed this ordinance extensively and ultimately believed that the additional time added to the submission deadlines in order to provide a 30 -day notice was not business friendly and would be extremely onerous to applicants. The City Commission approved the proposed ordinance on first reading on November. 17, 2010. City Commission Memorandum File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards December 8, 2010 Page 3 CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. Pursuant to Section 118 -164 (3) of the City Code, when a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. Immediately following the public hearing at the second reading, the city commission may adopt the ordinance by an affirmative vote of five - sevenths of all members of the city commission. JMG /JGG /RGL/ML T:WGENDA\20100ecember 8 \Regular \1980 - expan to 30 -day notice memo.docx City Commission Memorandum File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards December 8, 2010 Page 4 CITY OF MIAMI BEACH PLANNING DEPARTMENT PUBLISHED NOTICE & POSTING LOG PLANNING BOARD - Example worksheet MEETING DATE: 26- Oct -10 Submission deadline for this meeting (the Monday 60 days prior to meeting) 27- Aug -10 (If the date falls on a holiday, then the following day) MAILING DEADLINES: Labels, Envelopes & Notices picked up by: (40 days prior) 16- Sep -10 Stuffed and labeled envelopes due back by: (35 days prior) 21- Sep -10 Stuffed and labeled envelopes in mailbox by (30 days prior) 26- Sep -10 Posting of properties by: (30 days prior) 26- Sep -10 PUBLISHING: To Miami Herald Neighbors: 35 days prior) 21-Sep-10 Deadline for Miami Herald Neighbors: 34 days prior) 22 -Sep -10 Published in the Miami Herald Neighbors: (Sunday - 30 days prior) 26- Sep -10 Post After- Action report on City's Web Site 30- Oct -10 PACKAGES AND WEB INFO: Send complete packages to Board Members (the prior Thursday) 21- Oct -10 E -Mail Agenda to Web & Mailing List 21- Oct -10 E -Mail TV Agenda to Jeffrey Singer 21- Oct -10 15 days prior to the meeting: (Monday) 11- Oct -10 21 days prior to the meeting: (Tuesday) 05- Oct -10 MEETING DATE: (Tuesday) 26- Oct -10 r 2. •L ' it MIAMIBEACH CITY OF MIAMI BEACH NOTICE: PUBLIC - HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami :Beach, Florida; on Wednesday, December 8t 2010, to consider the following: 10:15 a.m. Ordinance Amending The .Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article III, Entitled "Agencies, Boards And Committees," By Amending Division 14, Entitled "Safety Committee," By Amending Sec. 2= 176(E) To Require That One Of The Two Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency Response Team (CERT) Certified. Inquiries may be directed to the City Clerk's Office 9305) 673 -7411. v... 10:20 a.m. • • Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118, "Administrative And Review Procedures," Article 11, "Boards," Division 5, "Board Of Adjustment," Section 118 7134, "Notification Of Hearings "; Article IV, "Conditional Use Procedure,":Section 118 -193. "Applications For Conditional Uses "; Article VI, "Design Review Procedures"; Section 118 -254, "Decision Of Design Review Board," And 'Section 118 -257, "Deferrals, Continuances And Withdrawals," Article X, "Historic Preservation "; Section 118 -563, "Review. Procedure," And Section 118 -591, "Historic Designation Procedure," ;;And Article XI: "Neighborhood Conservation Districts (NCD) ", Section 118 -705; "Procedures For Adoption Of Specific NCD Overlay Districts," To Expand The Public Notice Period For All Four Land Use Boards From 15 Days To 30 Days. Inquiries may be directed to the Planning Department (305) 673 - 7550. 10:40 a.m. Ordinance Amending The Code Of The City Of Mi Beach Code, By Amending Chapter 142, Zoning Districts And Regulations, Article V, Specialized Use Regulations, Division 7, Bed And Breakfast Inns, Section 142- 1401, Conditions For Bed And . Breakfast Inns, By Modifying The Conditions For Bed. And Breakfast Inns To Widen The Eligibility For Alterations. Inquiries may be directed to the Planning Department (305) 673 -7550. INTERESTED P are invited to appear at this meeting or be represented -by an agent or to express their views in writing addressed to the Ctty Commission c/o the City Clerk, 1700 Convention Center Drive, 1 Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and under such circumstances additional legal notice would not be provided. Robert E. Percher, City Clerk City of Miami Beach Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,_ nor does' it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible: format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673 -7411, no later than four days prior to the proceeding. if hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955 8771 (TTY) or (800) 955 -8770 (VOICE). AD #637 I