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Resolution 2021-31850RESOLUTION NO. 2021-31850 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO NOTIFY ALL REGISTERED NEIGHBORHOOD AND HOMEOWNER ASSOCIATIONS OF THE PROCESS TO REGISTER FOR COURTESY NOTICES OF LAND USE BOARD APPLICATIONS AND AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS FOR SPECIFIC AREAS OF THE CITY, AND PROVIDE A REPORT TO THE CITY COMMISSION, AFTER A PERIOD OF SIX (6) MONTHS, REGARDING THE IMPLEMENTATION OF THIS RESOLUTION. WHEREAS, on June 23, 2021, the City Commission, at the request of Commissioner Mark Samuelian, referred a discussion item pertaining to a request by Miami Beach United for additional neighborhood notice for development proposals and Land Development Regulation (LDR) amendments to the Land Use and Sustainability Committee (LUSC); and WHEREAS, on July 12, 2021, the LUSC discussed the proposal and recommended the City Commission refer a modified Ordinance to the Planning Board to codify a process for all registered neighborhood and homeowner associations to be notified, via e-mail, of future LDR amendments and Land Use Board applications; and WHEREAS, a hybrid approach to the proposal is recommended at this time that would allow the City Administration to study ways to further enhance the way notice is provided for Land Use Board applications and LDR amendments to registered neighborhood and homeowner associations through the Residents' Right to Know portal; and WHEREAS, the City Administration will provide a report to the City Commission after six (6) months regarding the effectiveness of this strategy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby direct the City Administration to: 1. Notify all registered neighborhood and homeowner associations of the process to register for courtesy notices of land, use board applications and amendments to the Land Development Regulations (LDRs) for specific areas of the City, through the City's Residents' Right to Know portal. 2. Study ways to further enhance the manner notice of Land Use Board applications and LDR amendments is provided to registered neighborhood associations through the Residents' Right to Know portal. 3. Provide a report to the City Commission after six (6) months following adoption of this Resolution, regarding the implementation of this strategy. Page 1 of 2 PASSED AND ADOPTED this /7 day of SQ 6*her , 2021. ATTEST: SEP 12 2021 Dan Gelber, Mayor Rafael E. Granado, City Clerk INCORP; ORATED APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION DL -f)2ECityAttorney Date T:\Agenda\2021\11_September 17\Planning\Courtesy Notice to Neighborhood Associations - RESO.docx Page 2 of 2 Resolutions - C7 S MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 17, 2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO NOTIFY ALL REGISTERED NEIGHBORHOOD AND HOMEOWNER ASSOCIATIONS OF THE PROCESS TO REGISTER FOR COURTESY NOTICES OF LAND USE BOARD APPLICATIONS AND AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS FOR SPECIFIC AREAS OF THE CITY, AND PROVIDE A REPORT TO THE CITY COMMISSION, AFTER A PERIOD OF SIX (6) MONTHS, REGARDING THE IMPLEMENTATION OF THIS RESOLUTION. RECOMMENDATION The Administration recommends that the City Commission adopt the attached Resolution. BACKGROUND/HISTORY On June 23, 2021, at the request of Commissioner Mark Samuelian, the City Commission referred a discussion item pertaining to a request by Miami Beach United for additional neighborhood notice for development proposals and LDR changes to the Land Use and Sustainability Committee (C4 E). On July 12, 2021 the LUSC discussed the proposal and recommended the following: 1. The Administration refine the Ordinance pursuant to the discussion and direction of the LUSC and in consultation with MBU. 2. The City Commission refer the modified Ordinance to the Planning Board at the September 17, 2021 City Commission meeting, in accordance with the following: a. All registered Neighborhood and Homeowner Associations would be included. b. The notice shall be via e-mail and shall consist of a courtesy notice, not a required notice. c. All land use board applications shall be included. ANALYSIS BACKGROUND Chapters 118, Article I I I of the Land Development Regulations (LDR's) of the City Code sets forth the process and minimum notice requirements for amendments to the LDR's. In addition Page 700 of 1657 to a noticed hearing before the Planning Board, 2 separate hearings are also required before the City Commission. This is in addition to review by the applicable Commission Committees. In addition to the notice requirements set forth in Chapter 118, Article III of the LDR's, residents can receive targeted notices for any board, committee, or subject matter, through the constant contact portal on the City's website. The following is the link to enroll: hitps.-Aap-ps,miamibeachfl gov/residentconnect By enrolling, residents can receive both targeted notices, as well as notifications based upon keywords on any City meeting agenda. The minimum notice requirements for all land use boards are set forth in Chapter 118 as well. These minimum notice requirements, which are 30 days in most instances, include site posting, published notice and mail notice for each application and include a minimum mail notice radius of 375 feet. ANALYSIS The Administration believes that a very robust public notice and review process currently exists for LDR amendments and development review applications. Additionally, when combined with the constant contact noticing options, full public notification is currently available. In discussion with the item sponsor, a hybrid approach to this proposal is recommended at this time. In this regard, the attached Resolution directs the Administration to study ways to enhance the way notice is provided for all Land Use Board applications and LDR amendments to all registered neighborhood associations through the residents right to know portal. Specifically, the following is noted: 1. The Administration will advise each registered association of the ability to opt into Land Use Board and Code Amendment notice portals, by area. 2. The Administration will study ways to further enhance the way notice is provided for all Land Use Board applications and LDR amendments to all registered neighborhood associations through the residents right to know portal. 3. If complications arise, the City Commission can easily provide direction to the Administration to address any issues. 4. The Administration will provide a report to the City Commission in approximately six (6) months regarding the effectiveness of this strategy. After a six month look back, the City Commission can decide whether to move forward with an amendment to the LDR's to codify an enhanced notice process, if necessary. Although MBU had suggested a minimum 60 day notice, that would be difficult for Land Use Board applications, as the lead time for submittals would increase significantly. Also, as it pertains to LDR amendments, a mandatory 60 day notice would impact the ability of the City Commission to refer code amendments on an expedited basis. SUPPORTING SURVEY DATA Page 701 of 1657 Improve Neighborhood and Resident Outreach CONCLUSION The Administration recommends that the City Commission adopt the attached Resolution. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Yes Legislative Tracking Planning Sponsor Commissioner Mark Samuelian ATTACHMENTS: Description ❑ Resolution Does this item utilize G.O. Bond Funds? No Page 702 of 1657