Ordinance 2019-4259 City Commission-sponsored Comprehensive Plan and LDR Amendments
ORDINANCE NO. . - .2019-4259.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 118, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE
III, ENTITLED "AMENDMENT PROCEDURE," AT SECTION
118-162 THEREOF, ENTITLED "PETITION FOR CHANGES
AND AMENDMENTS," TO AMEND THE APPLICATION
REQUIREMENTS AND FEES ASSOCIATED WITH
AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS AND COMPREHENSIVE PLAN; AND
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, City Code Section 118-162 establishes application requirements for
amendments to the Land Development Regulations and Comprehensive Plan; and
WHEREAS, the Mayor and City Commission now desire to amend Section 118-162, in•
order to (i) amend the application requirements for amendments to the Land Development
Regulations and Comprehensive Plan, (ii) clarify that private applicants shall be required to pay
all applicable Planning Department fees and costs, and (iii) authorize the City Commission to
waive, by five-sevenths (5/7ths) vote, the fees and costs associated with such applications
under certain specified conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118 of the City Code of the City of Miami Beach entitled, "Administration
and Review Procedures," Article Ill, entitled "Amendment Procedure," is hereby amended as
follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE III. AMENDMENT PROCEDURE
* * *
Sec. 118-162. - Petition for changes and amendments.
(a) An application for a to amend the land development regulations
actual zoning map designation of a parcel or parcels of land or the future land use map of the
comprehensive plan may be submitted to the planning and zoning director by the city
manager,; city attorney or upon an adopted motion of the city commission, planning board,
board of adjustment, or historic preservation board (with regard to the designation of historic
districts; or sites, or matters that directly pertain to historic preservation;: or by an ownerjs) or
developer(s) of - "-.e - e - -e- •- - -- the property which is the subject of the
proposed change (hereinafter, a private applicant) , _ - .e'e - •- - -- - -e' - -
ae-s than X00 feet of lot frontage on one public street or a parcel of not less than 80,000 square
feet. Matters submitted by the city manager or city attorney shall first be referred to the
planning board by the city commission.
(b) A request to amend these land development regulations or comprehensive plan which
amend.
(c) Any applicant or his representative shall file an application with the planning department
design and historic preservation division in accordance with a form approved by the city
attorney, and shall supply all information pertinent to the proposed amendment as requested
by the planning department design and-historic preservation division.
(d) Fees.
Any applicant requesting a public hearing on any application pursuant to this section;
shall pay, upon submission, the applicable fees in section 118-7 and Appendix A to this
Code. No application shall be considered complete until all requested information has been
submitted and all applicable fees paid.
(2) If an application is filed by, or on behalf of, a private applicant, the applicant shall be
required to pay all applicable planning department fees and costs associated with the
application. An application shall not be heard by the planning board or city commission
unless and until the application is complete and all applicable fees and costs have been
paid.
(3) The fees and costs associated with an application filed pursuant to this section may be
waived by a five-sevenths (5/7ths) vote of the city commission, based upon one or more of
the following circumstances:
(i) The city manager determines, in writing, that the proposed amendment is
necessary due to a change in federal or state law, and/or to implement best
practices in urban planning:
(ii) Upon written recommendation of the city manager acknowledging a
documented financial hardship of a property owner(s) or developer(s); and/or
(iii) If requested, in writing, by a non-profit organization, neighborhood
association, or homeowner's association for property owned by any such
organization or association,,so long as the request demonstrates that a public
purpose is achieved by enacting the applicable amendment.
2
(e) (d) Upon receipt of a completed application, the planning and zoning director shall transmit
the application, along with ii-s the planning director's analysis and recommendations;
regarding the proposed amendment,to the planning board for review.
SECTION 2. CODIFICATION. .
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or re-
lettered to accomplish such intention, and, the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on June 1, 2019.
PASSED and ADOPTED this 2 day of /4/49' , 2019.
ATTEST:
Z# e5--------------
----y/
fil
Dan Gelber, Mayor
Rafael E. Granado, City Jerk
First Reading: April 10, 2019
Second Reading: May 8, 2019 APPROVED AS TO
(Sponsored by C. missione Jo liza.-th Aleman) FORM 8( LANGUAGE
& FORE CLITION
IC"1.er lot
Verified by: / 04 Dote
Thomas '. Mooney, AICP city Attorney `` 11
Planning Director N�
F:\ATTO\KALN\ORDINANCES\Fees for Commission Sponsored Amendments-Second Reading ORD.docx''�0� h� B 411414
. �`� .`.. ..1 4#i
• * INCORP ORATED_: 2
. ''111�H 20
9441 (.--H v*
Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2019
10:10 a.m. Second Reading Public Hearing
SUBJECT: CITY COMMISSION SPONSORED COMPREHENSIVE PLAN AND LDR
AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 118,
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE
III, ENTITLED "AMENDMENT PROCEDURE," AT SECTION 118-162
THEREOF, ENTITLED "PETITION FOR CHANGES AND AMENDMENTS,"
TO AMEND THE APPLICATION REQUIREMENTS AND FEES
ASSOCIATED WITH AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS AND COMPREHENSIVE PLAN; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On April 11, 2018, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred the proposed item to the Land Use and Development Committee (Item
C4 L). On May 23, 2018, the Land Use and Development Committee discussed the proposal
and recommended that the City refer the Ordinance prepared by the City Attorney's Office to
the Planning Board, with a modification to a simple majority vote for a waiver of fees by the City
Commission, and with the direction that the referral be reviewed concurrently with the proposed
fee amendments pending before the Finance and Citywide Projects Committee.
On December 14, 2018, the Finance and Citywide Projects Committee discussed an item
pertaining to land development fees, and recommended that the City Commission refer the
attached Ordinance to the Planning Board. On January 16, 2019, at the request of the Finance
and Citywide Projects Committee, the City Commission referred the proposed Ordinance to the
Planning Board (Item R9 T).
PLANNING ANALYSIS
Page 382 of 1102
City Code Section 118-162 establishes application requirements for amendments to the Land
Development Regulations and Comprehensive Plan. In the past, private applicants/developers
have sought City Commissioners to sponsor amendments to the Land Development
Regulations and/or Comprehensive Plan on the applicants' behalf. When an amendment is
sponsored by the City Commission, an applicant/developer is not required to pay the City's fees
and costs associated with the application (including the Planning Department's analysis of the
proposed legislation).
The fees associated with amendments to the land development regulations, zoning map,
comprehensive plan, and future land use map, are set forth in Appendix A to the City Code, as
follows:
• Amendment to the permitted, conditional or prohibited uses in a zoning category (per use):
$2,500.00
• Amendment to the permitted, conditional or prohibited uses in the comprehensive plan:
$2,500.00
• Amendment to the zoning map designation (per square foot of lot area) up to 5,000 sq. ft.:
0.50
• Amendment to the zoning map designation (per square foot of lot area) 5,001 sq. ft. and
greater: 0.70
•Amendment of future land use map of the comprehensive plan (per square foot of lot area) up
to 5,000 sq. ft.: 0.50
• Amendment of future land use map of the comprehensive plan (per square foot of lot area)
5,001 sq. ft. and greater: 0.70
•Amendment to the land development regulations (per section being amended): $10,000.00
• Amendment to the comprehensive plan (per goal, policy, or objective being amended):
$10,000.00
The proposed Ordinance (i) clarifies and modifies the application requirements for amendments
to the Land Development Regulations and Comprehensive Plan; (ii) clarifies that private
applicants shall be required to pay all applicable Planning Department fees and costs; and (iii)
authorizes the City Commission to waive, by five-sevenths (5/7ths) vote, the fees and costs
associated with such applications under certain specified conditions.
The ordinance also removes the minimum requirements for an applicant to request an
amendment, as those that do not meet the requirement often request that the City Commission
sponsor the requested change. The current minimum requirement is that "the area contain at
least 400 feet of lot frontage on one public street or a parcel of not less than 80,000 square
feet."
PLANNING BOARD REVIEW
On February 26, 2019, the Planning Board held a public hearing and transmitted the Ordinance
to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).
Page 383 of 1102
SUMMARY/UPDATE
Subsequent to the transmittal of the Ordinance by the Planning Board, the Administration and
City Attorney's Office reviewed the structure of the Ordinance, and are proposing certain
modifications. In order to present these revisions more clearly, a second, modified version of
the Ordinance (Option A—Administration Version) was presented at first reading, in addition to
the version transmitted by the Planning Board on February 26, 2019. Specifically, the
Administration and City Attorney recommended clarifications to what constitutes an amendment
application and, more specifically, who qualifies as a"private applicant". Additionally, the revised
draft provides that City Commission-sponsored amendments on behalf of a third party (e.g.
property owner, developer, or affected organization) will be subject to all applicable fees in
Appendix A, unless such fees are waived by the City Commission.
Finally, the Administration and the City Attorney are recommending the inclusion of (i) an
applicability clause, so that the new fee requirement be prospective, and not subject to zoning in
progress, and (ii) a supermajority voting requirement (5/7ths) for the waiver of fees associated
with private applications.
On April 10, 2019 the City Commission approved the administration version of the ordinance,
with the aforementioned applicability clause, at first reading. The attached version of the
ordinance, for adoption, includes the subject applicability clause.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
CI Revised ORD - Form Approved
Page 384 of 1102