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2014-3889 Ordinance TIME FRAME LIMITATIONS FOR DEFERRALS, CONTINUANCES, AND WITHDRAWALS ORDINANCE NO 2014-3889 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 VIII, "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," SECTION 118-352, "PROCEDURE;" ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 118-193, "APPLICATIONS FOR CONDITIONAL USES;" AMENDING THE PROCEDURES FOR THE BOARD OF ADJUSTMENT AND FOR THE PLANNING BOARD BY PLACING TIMEFRAME LIMITATIONS ON APPLICATIONS FOR PURPOSES OF DEFERRALS, CONTINUANCES, WITHDRAWALS AND SUBMITTAL OF APPLICATIONS AND EXHIBITS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Land Development regulations provides for the regulation of land through the appointment of quasi-judicial land use boards; and WHEREAS, it has become necessary to review and amend the procedures by which such boards manage applications within their respective jurisdictions; and WHEREAS, the Planning Board recommended approval of this Ordinance at its meeting dated May 27, 2014 by a vote of 6-0; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 118, "Administrative and Review Procedures," Article VIII, "Procedures for variances and administrative appeals," Section 118-352 "Procedure," of the Land Development Regulations, is hereby amended to read as follows: (c) Effect of deferment, continuances, withdrawal or denial. Upon the withdrawal or denial of an application for a variance from the provisions of these land development regulations, no new application may be filed for such variance within six months following such withdrawal or denial, unless, however, the decision of the board of adjustment taking any such final action is made without prejudice, or unless the withdrawal of such application is permitted to be made without prejudice. An appliGatiGR may be withdrawn without pFejudiGe by the . feF wmthdFawal shall be with pFejudiGe, save and eXGept that the beaFd no adjustment pyrm�� thnut prciurline at the time F4�e e 1. 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 118-357(2). 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 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 118-357(2), and shall be at the city's expense. 2. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. 3. In-the event the application is continued due to the excessive length of an agenda or in order for the applicant to address specific concerns expressed by the board and/or staff, the applicant shall present for approval to the board a revised application inclusive of all required exhibits that attempts to address the concerns of the board and/or staff, for the date certain set by the board, which shall be no more than 120 days after the date on which the board continues the matter. 4. In the event that the applicant fails to present for approval to the board, a revised application as described above within 120 days of the date the application was continued, the application shall be deemed null and void. 5. Deferrals or continuances for a specific application shall not exceed one year cumulatively for all such continuances or deferrals made by the board, or the application shall be deemed null and void. 6. An application may be withdrawn by the applicant if such request is in writing and filed with the planning department prior to the public hearing, or requested during the public hearing, provided, however, that no application may be withdrawn after final action has been taken. Upon a withdrawal or final denial of an application by the board of adiustment the same application cannot be filed within six months of the date of the withdrawal or denial unless, however, the decision of the board taking any such action is made without preiudice to refile. 7. In the event there is a lack of a quorum, all pending or remaining matters shall be automatically continued to the next available meeting of the board. SECTION 2. Chapter 118, "Administrative and Review Procedures," Article IV, "Conditional use procedure," Section 118-193, "Applications for Conditional Uses," of the Land Development Regulations, is hereby amended to read as follows: Section 118-193(2). Time limitations. b. 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 118-196(5). 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 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 2 the same as for a new application as provided in section 118-196(5), and shall be at the city's expense. c. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. d. In the event the application is continued due to the excessive length of an agenda or in order for the applicant to address specific concerns expressed by the board and/or staff, the applicant shall present for approval to the board a revised application inclusive of all required exhibits that attempts to address the concerns of the board and/or staff, for the date certain set by the board, which shall be no more than 120 days after the date on which the board continues the matter. e. In the event that the applicant fails to resent for approval to the board a pp p pp revised application as described above within 120 days of the date the application was continued, the application shall be deemed null and void. f. Deferrals or continuances for a specific application shall not exceed one year cumulatively for all such continuances or deferrals made by the board, or the application shall be deemed null and void. g. An application may be withdrawn by the applicant if such request is in writing and filed with the planning department prior to the public hearing, or requested during the public hearing, provided, however, that no application may be withdrawn after final action has been taken. Upon a withdrawal or final denial of an application by the planning board the same application cannot be filed within six months of the date of the withdrawal or denial unless, however, the decision of the board taking any such action is made without prejudice to refile. h. In the event there is a lack of a quorum, all pending or remaining matters shall be automatically continued to the next available meeting of the board. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. 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 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 3 SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this c23 day of J14 , 2014. ATTEST: MAYOR CITY C ERK ' s •': APPROVED AS TO r FORM AND LANGUAGE :I�JCORP ORATED: & FOR EXECUTION ••° ° ' � � ity Attorney Date , y0- First Reading: June 11,201`4 Second Reading: July 23, 2 14 Verified by: Tho as R. Mooney, A CP Planning Director Underscore denotes new language denotes deleted language T:\AGENDA\2014\July\Time Frame Limitations-ORD Second Reading.docx 4 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment modifying the time limits for certain actions of the Planning Board and Board of Adjustment. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. Supporting Data(Surveys, Environmental Scan,etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is"about the right amount." Item Summary/Recommendation: SECOND READING- PUBLIC HEARING The proposed Ordinance would incorporate the same time frame limitations applicable to the Design Review and Historic Preservation Boards for continuances, withdrawals and deferrals into the procedures for the Planning Board and Board of Adjustment. On June 11, 2014 the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; and 2) approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for July 23, 2014. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: E 6On May 27, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of 6to0. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Thomas Mooney Sign-Offs: Department Director Assistant City Manager City Manager /+V\ T:\AGENDA\2014\July\Time Frame Limitations-SUM Second Reading.docx AGENDA ITEM ^� _ MIAMIBEACH DATE — —7 23 /y MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City ommission FROM: Jimmy L. Morales, City Manager DATE: July 23, 2014 S OND READING—PUBLIC HEARING SUBJECT: TIME FRAME LIMITATIONS FOR DEFERRALS, CONTINUANCES, AND WITHDRAWALS 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 VIII, "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," SECTION 118-352, "PROCEDURE;" ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 118-193, "APPLICATIONS FOR CONDITIONAL USES;" AMENDING THE PROCEDURES FOR THE BOARD OF ADJUSTMENT AND FOR THE PLANNING BOARD BY PLACING TIMEFRAME LIMITATIONS ON APPLICATIONS FOR PURPOSES OF DEFERRALS, CONTINUANCES, WITHDRAWALS AND SUBMITTAL OF APPLICATIONS AND EXHIBITS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. BACKGROUND On February 19, 2014, the Land Use and Development Committee ("LUDC") discussed language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot language, regarding transfer of Board of Adjustment powers and amendments to the special related acts, was referred to the full City Commission with a favorable recommendation. Additionally, as part of this discussion, the LUDC directed the Administration to study various aspects of the City's Land Use Board standards, including standardized procedures for deferments, continuances and withdrawals of applications going through the public hearing process, and present a draft Ordinance at its April 9, 2014 meeting. As a result, on April 9, 2014 the LUDC referred the item to the Planning Board. ANALYSIS - In an effort to promote consistency, the proposed ordinance would standardize the procedures for `Continuances', 'Withdrawals' and `Deferrals' for each of the Land Use Boards. Currently, the Design Review Board (Section118-257) and Historic Preservation Board (Section 118-532) utilize the following procedures: Commission Memorandum Ordinance—Time Frame Limits July 23, 2014 Page 2 of 2 • Applicants may defer an application in writing, and only one time before the public hearing. This procedure requires the applicant to pay fees associated with the deferment and re-noticing of the application. The applicant may also request deferment during the public hearing, but may not withdraw the application after final action has been taken. • The board may continue an application to a date certain at either the request of the applicant or at its own discretion. Additionally, the applicant is required to present to the Board and/or Staff a revised application inclusive of all exhibits no more than 120 days after the date on which the board continues the matter. • In the event that the applicant fails to present for approval to the board a revised application as described above within 120 days of the date the application was continued, the application shall be deemed null and void. • Deferrals or continuances for a specific application shall not exceed one year cumulatively for all such continuances or deferrals made by the board, or the application shall be deemed null and void. • In the event there is a lack of a quorum, all pending or remaining matters shall be continued to the next available meeting of the board. The language described above has been added to the appropriate locations in Section 118-352 for the Board of Adjustment and Section 118-193 for the Planning Board, as set forth in the accompanying ordinance amendment. PLANNING BOARD REVIEW On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2181). FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY The subject Ordinance was approved at First Reading on June 11, 2014. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. 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