Resolution 2023-32736Resiliency Code Amendment Cycles
RESOLUTION NO. 2023-32736
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, (1) ESTABLISHING ANNUAL
ZONING CYCLES FOR THE CONSIDERATION OF AMENDMENTS TO
THE LAND DEVELOPMENT REGULATIONS, PURSUANT TO
CHAPTER 2 OF THE RESILIENCY CODE, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE III,
ENTITLED "PERIODIC REVIEW AND ANNUAL ZONING CYCLE,"
SECTION 2.3.2, ENTITLED "ANNUAL ZONING CYCLE"; (2)
ESTABLISHING BENCHMARKS FOR THE CONSIDERATION OF
AMENDMENTS DURING EACH PARTICULAR CYCLE; AND (3)
ESTABLISHING BENCHMARKS FOR WHEN LAND USE BOARD
APPLICATIONS THAT ARE CONTINGENT UPON AMENDMENTS TO
THE LAND DEVELOPMENT REGULATIONS CAN BE CONSIDERED.
WHEREAS, Section 2.3.2 of the Land Development Regulations ("LDRs") of the City Code
(now known as the "Resiliency Code") provides that "the commission shall limit its decisions
regarding amendments to these land development regulations, including amendments to the text
and to re -zonings, to four times per year"; and
WHEREAS, amendments to the LDRs are often considered as companion items to
amendments to the Comprehensive Plan; and
WHEREAS, pursuant to the Expedited State Review Process for Adoption of
Comprehensive Plan Amendments in Section 163.3184, Florida Statutes, local governments,
after the initial public hearing, shall transmit within 10 working days the amendment to reviewing
agencies, and the reviewing agencies must transmit their comments to the local government such
that they are received no later than 30 days after the date on which the agency received the
amendments; and
WHEREAS, in order to allow sufficient time for agency and local government review when
there is a companion Comprehensive Plan amendment, the amendment cycles should provide
sufficient time between First Reading and the Adoption hearing; and
WHEREAS, as a separate matter, the City Commission is currently considering
establishing a process for the review of any amendments to the Resiliency Code that would result
in an increase to the allowable floor area ratio ("FAR") of a property, which may require additional
public hearings and community meetings; and
WHEREAS, the Mayor and City Commission wish to establish amendment cycles for the
orderly consideration of future amendments to the Resiliency Code; and
WHEREAS, Section 2.3.2 of the Resiliency Code provides that "the commission may
waive the cycle restriction in the event of an emergency, as determined by a vote of five
commissioners."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Page 1 of 3
SECTION 1. Amendment Cycles. Each annual review cycle for the City Commission's
consideration of amendments to the Resiliency Code shall commence on January 1st of each
year (with the first cycle commencing on January 1, 2024), and is hereby established as follows:
1. For amendments to the Resiliency Code that are not subject to the proposed review process
for FAR increases, there shall be four (4) review cycles per year for the consideration of such
amendments as described in the following table:
Resiliency Code Amendment Cycles
Cycle
Month
Meeting Type
October
Planning Board Recommendation
Cycle
1
November
City Commission First Reading
January
City Commission Adoption
January
Planning Board Recommendation
Cycle
2
February
City Commission First Reading
April
City Commission Adoption
April
Planning Board Recommendation
Cycle
3
May
City Commission First Reading
July
City Commission Adoption
July
Planninq Board Recommendation
Cycle
4
September
City Commission First Reading
October
City Commission Ado tion
For amendments to the Resiliency Code or Comprehensive Plan that are subject to the
proposed FAR review process, as more particularly described in Section 7.1.10 of the
Resiliency Code, there shall be two (2) review cycles per year for the consideration of such
amendments as described in the following table:
Resiliency Code Amendment Cycles
for FAR Increases
unless exempt from additional review
Cycle
Month
Meeting Type
October
Planning Board Preliminary Hearin
November
Community Outreach Meeting
Cycle
January
Planning Board Recommendation
1
February
City Commission First Reading
March
Community Workshop
April
City Commission Adoption
April
Planning Board Preliminary Hearin
May
Community Outreach Meeting
Cycle
June
Planning Board Recommendation
2
July
City Commission First Reading
September
Community Workshop
October
City Commission Adoption
Page 2 of 3
3. Comprehensive Plan amendments shall be considered on the same schedule as the
aforementioned amendment cycles.
SECTION 2. Determination of Amendment Cycle. The following guidelines shall determine
how an amendment to the Resiliency Code is scheduled for review and assigned to a particular
amendment cycle:
1. For City Commission -sponsored amendments, the proposal shall be placed in the next
available cycle after it is referred to the Planning Board; provided, however, that the
amendment may be assigned to a later cycle if, pursuant to the City Code or State law, the
particular amendment requires additional notice.
2. For City Commission -sponsored amendments that are initiated as a dual referral to a
Commission Committee and the Planning Board, the proposal shall be placed in the next
available cycle after the Commission Committee concludes its review of the item; provided,
however, that the amendment may be assigned to a later cycle if, pursuant to the City Code
or State law, the particular amendment requires additional notice.
3. For amendments requested by, or on behalf of, a private applicant, the application shall be
subject to the published Planning Board submittal schedule for the applicable Planning Board
meeting in the next available cycle.
SECTION 3. Land Use Board Development Applications. If a development application is
contingent upon the approval of an amendment to the Resiliency Code, the following shall apply:
1. An application(s) may be submitted to the applicable Land Use Board(s) for staff review,
provided the applicant agrees in writing, in a form approved by the City Attorney, to hold
harmless and indemnify the City from any claims, damages, or losses in the event that the
amendment is not adopted by the City Commission.
2. A Land Use Board application(s) may only be filed subsequent to the submittal of a private
application for the applicable Resiliency Code amendment to the Planning Board or a referral
by the City Commission of the applicable Resiliency Code amendment to the Planning Board.
3. No Land Use Board shall be permitted to review or act on a development application unless
and until the applicable Resiliency Code amendment has been adopted by the City
Commission at Second Reading.
PASSED AND ADOPTED this 13 day of :5��4 2023.
ATTEST:
/ SEP 2 0 2023 Dan Gelber, Mayor
Rafael E. Granado, City Clerk BE4�{ , APPROVED AS TO
yes, FORM AND LANGUAGE
& FOR EXECUTION
, ''.1N(ORp ORATED.�
City Attorney � Date
T:Wgenda\2023\7 -September 2023\Planning\Resiliency Code Am ndment Cycles - RESJocx
Page 3 of 3
MIAMI BEACH
TO:
FROM:
DATE:
. - • [FIT-17W410
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Alina T. Hudak, City Manager
September 13, 2023
SUBJECT: RESILIENCY CODE AMENDMENT CYCLES
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, (1) ESTABLISHING ANNUAL ZONING
CYCLES FOR THE CONSIDERATION OF AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS, PURSUANT TO CHAPTER 2 OF THE
RESILIENCY CODE, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE III, ENTITLED "PERIODIC REVIEW AND
ANNUAL ZONING CYCLE," SECTION 2.3.2, ENTITLED "ANNUAL ZONING
CYCLE"; (2) ESTABLISHING BENCHMARKS FOR THE CONSIDERATION
OF AMENDMENTS DURING EACH PARTICULAR CYCLE; AND (3)
ESTABLISHING BENCHMARKS FOR WHEN LAND USE BOARD
APPLICATIONS THAT ARE CONTINGENT UPON AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS CAN BE CONSIDERED.
RECOMMENDATIQN
The Administration recommends that the City Commission adopt the Resolution.
BACKGROUNDIHISTORY
On February 1, 2023, at the request of Commissioner Ricky Arriola, the City Commission
adopted the Resiliency Code as the Land Development Regulations (LDRs) for the City of
Miami Beach. The Code was adopted with an effective date of June 1, 2023.
Section 2.3.2 of the Resiliency Code provides that "the commission shall limit its decisions
regarding amendments to these land development regulations, including amendments to the
text and to rezonings, to four times per year."
ANALYSIS
Historically, amendments to the LDRs have been considered at most regularly scheduled Planning
Board and City Commission meetings. To provide a more orderly amendment process, section 2.3.2
of the Resiliency Code provides the following:
2.3.2 ANNUAL ZONING CYCLE
The ooiw ssion shalt lirrrt its decisions regarding amendments to these land developrent
regulations, induding amendments to the text and to reaanings, to four times per year. For
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each 6me in the annual cycle, multiple amendments may be considered at the same
meeting. The conmr"ssion may waive the cycle restricbon in the event of an emergency, as
determned by a vote of five cormrssioners. All amendments shall be consistent and
eorrtmtible with the eorrprehensive plan and shall be enacted in accordance with the
provisions of this artide.
Consistent with Section 2.3.2, the attached resolution establishes a quarterly cycle for the
consideration of future LDR amendments consistent with the requirement for amendments to be
adopted four (4) times per year. The expectation is that the amendments to the LDRs would be
considered at the regularly scheduled meetings of the Planning Board and City Commission in the
months identified in the following table:
Resiliency Code Amendment Cycles
Cycle Month Meeting Type
October Planning Board Recommendation
Cycle 1 November City Commission First Reading
Jamiaiy City Commission Adoption
January Planning Board Recommendation
Cycle 2 February City Commssion First Reading
April City Commission Adoption
April Planning Board Recommendation
Cycle 3 May City Commission First Reading
July City Commission Adoption
July Planning Board Recommendation
Cycle 4 September City Conmission First Reading
October City Commission Adoption
LDR amendments may be companion items to and are contingent upon the adoption of
Comprehensive Plan amendments. Pursuant to Section 163.3184, Florida Statutes, Comprehensive
Plan amendments must be reviewed by various agencies within a 30-day review period when
provided to agencies. The proposed schedule would provide a month between First Reading and the
adoption hearing to allow sufficient time for such reviews and, if necessary, adjust the amendment.
The proposed resolution provides that Comprehensive Plan amendments that have companion
Resiliency Code amendments follow the same schedule.
The City Commission is also considering an ordinance amendment that would establish an extended
review process for Resiliency Code amendments that provide for an increase in floor area ratio
(FAR). As currently proposed, this process would require an additional Planning Board meeting and
two community meetings. To accommodate these additional meetings, the proposed resolution
includes an alternate schedule with two (2) annual cycles for amendments that include an increase in
FAR. The proposed cycles for such amendments are identified in the following table:
Resiliency Code Amendment Cycles
with non-exempt FAR Increase
Cycle Month Meeting Type
October Planning Board Preliminary Hearing
November Community Outreach Meeting
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Cycle 1 January
February
March
April
April
May
Cycle 2 June
i July
September
October
Planning Board Recommendation
City Commission First Reading
Community Workshop
City CommMlon Adoption
Planning Board Preliminary Hearing
Community Outreach Meeting
Planning Board Recommendation
City Commission First Reading
Community Workshop
City Commission Adoption
The Resolution provides the following criteria to determine an applicable amendment cycle:
1. For City Commission sponsored amendments, the proposal shall be placed in the ne)d
available cycle after it is referred to the Planning Board. The actual cycle will depend upon the
minimum notice requirements for the amendment.
2. For City Commission sponsored amendments that are a dual referral to a Commission
Committee and the Planning Board, the proposal shall be placed in the ne)d available cycle after
the Commission Committee concludes the item. The actual cycle will depend upon the minimum
notice requirements for the amendment.
3. For private application amendments, the proposal shall be submitted pursuant to the
published Planning Board submittal schedule for the applicable Planning Board meeting of the
ne)d available cycle.
Additionally, the Resolution provides the following standards for land use board applications that may
be contingent upon the adoption of an amendment to the Resiliency Code:
1. Applications may be submitted to the applicable Land Use Board(s) for staff review, provided
the applicant indemnifies the City in a manner to be approved by the City Attomey.
2. Land Use Board applications may only be filed subsequent to the submittal of a private
application for the applicable Resiliency Code amendment to the Planning Board or a referral by
the City Con rission of the applicable Resiliency Code amendment to the Planning Board.
3. No Land Use Board shall consider or act on a development application unless and until the
applicable Resiliency Code amendment has been adopted by the City Commission at Second
Reading.
Lastly, it is important to note that Section 2.3.2 of the LDRs provides that the City Commission can
waive the four (4) times per year amendment limit, in the event of an emergency, with an affirmative
vote of five (5) conmissioners. Such waiver could be utilized should e)denuating circumstances arise
that may justify an amendment being considered outside a normal amendment cycle.
Page 666 of 2938
SUPPORTING SURVEY DATA
Improved Transparency Regarding Future LDR Amendments
FINANCIAL INFORMATION
No Fiscal Impact Expected
The Administration recommends that the City Commission adopt the Resolution.
Applicable Area
Citywide
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Legislative Tracking
Planning
ATTACHMENTS:
Description
o Resolution
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