Ordinance 2024-4609 Notice Requirements for Discussion Items
(Revised for Second Reading)
ORDINANCE NO. 2024-4609
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH RESILIENCY CODE, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE II, ENTITLED "GENERAL
DEVELOPMENT APPLICATION AND HEARING PROCEDURES,"
SECTION 2.2.4, ENTITLED "PUBLIC. HEARING," BY AMENDING
SUBSECTION 2.2.4.1, ENTITLED "PUBLIC NOTIFICATION," TO
ESTABLISH A NOTICE PROCEDURE FOR CERTAIN DISCUSSION
ITEMS THAT ARE SCHEDULED BY LAND USE BOARDS; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS,the Property Rights Element of the City's 2040 Comprehensive Plan provides
that the City will respect judicially acknowledged and constitutionally protected private property
rights; and
WHEREAS, it is the policy of the City Commission to promote transparency and
strengthen public notice requirements; and
WHEREAS, occasionally, the City's land use boards (Board of Adjustment, Design
Review Board, Historic Preservation Board, and Planning Board) hold discussions pertaining to
individual or multiple properties, even when no specific land development application is pending;
and
WHEREAS, currently, there is no specific notice requirement for such discussions; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION. 1.. Chapter 2, "Administration and Review Procedures," Article II, "General
Development Application and Hearing Procedures" is hereby amended as follows:
CHAPTER 2
ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE II. GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES
* * *
SECTION 2.2.4 PUBLIC HEARING
2.2.4.1 Public Notification.
• d. Discussion items..
i. At least 10 days before a land use board holds a discussion that is specific to a single
property, a courtesy mail or email notice shall be sent to the owner(s) of record of
such property, and the item title for such discussion shall be posted on the city's
online agenda system. Additionally, reasonable best efforts shall be used to
provide courtesy mail or email notice to any resident or tenant of the property,
if applicable,
ii. At least 10 days before a land use board holds a discussion regarding a matter that
impacts or could impact more than one property,the title for such discussion shall be
posted on the city's online agenda system.
iii. Notwithstanding subsections (d)(i) or (d)(ii) which shall not apply to historic
designation proceedings, within 10 days following an action by the historic
preservation board to discuss or initiate the historic designation of a single property
or a district containing less than 10 properties, a mail or email courtesy notice shall
be sent to the owner(s)of record of such properties Additionally. reasonable bes
efforts shall be used to provide courtesy mail or email notice to any resident
or tenant of the property, if applicable.
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 be and the same 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 ten days following adoption.
PASSED AND ADOPTED this 3 day of PIP"' I , 2024.
Steven Meiner, Mayor
ATTEST:
APPROVED AS TO
APR 0 8 2024 FORM AND LANGUAGE
& FOR EXECUTION
Rafae . Granado, City Clerk l
First Reading: March 13, 2 24 City Attorney Date
Second Reading: Aril 3, 20
I
Verified by:
Thomas R. ooney, AICP
Planning Director s3 ti
''IKCORP1ORMED/01
%Sp-.
14
Sponsored by Commissioner Tanya K. Bhatt
Co-Sponsored by Commissioner Joseph Magazine
T:Wgenda\2024\4 April 2024\Planning\Notice Requirements for Discussion Items-Second Reading ORD.docx
Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 3, 2024
10:25 a.m. Second Reading Public Hearing
SUBJECT: NOTICE REQUIREMENTS FOR DISCUSSION ITEMS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH RESILIENCY CODE, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE II, ENTITLED "GENERAL DEVELOPMENT
APPLICATION AND HEARING PROCEDURES," SECTION 2.2.4,
ENTITLED "PUBLIC HEARING," BY AMENDING SUBSECTION 2.2.4.1,
ENTITLED "PUBLIC NOTIFICATION," TO ESTABLISH A NOTICE
PROCEDURE FOR CERTAIN DISCUSSION ITEMS THAT ARE
SCHEDULED BY LAND USE BOARDS; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY
On November 16, 2022, at the request of former Commissioner Ricky Arriola, the City
Commission referred a discussion"(Item C4 U) regarding improved notice requirements for
property owners to the Land Use and Sustainability Committee (LUSC). On January 25, 2023,
the item was continued to the February 15, 2023 LUSC meeting, with no discussion. On
February 15, 2023, the LUSC discussed and concluded the item with direction to the
Administration to draft an ordinance and recommended that the City Commission refer the
ordinance to the Planning Board.
On April 28, 2023, the City Commission referred the item to the Planning Board (Item C4
A). On November 20, 2023, Commissioner Tanya K. Bhatt became the new item sponsor.
A robust public notice and review process currently exists for all applications for development
approvals heard by the Design Review Board (DRB), Historic Preservation Board (HPB),
Planning Board and Board of Adjustment. The City's Land Development Regulations set forth
the process and minimum notice requirements for all Land Use Board (LUB) applications.
Hearings before a LUB on an application for development approval are required to be noticed in
accordance with the following provisions:
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a. Advertisement. At least 30 days prior to the public hearing date, a description of the request,
and the date, start time of the meeting and location of the hearing shall be noticed in a
newspaper of general circulation.
b. Mail notice.At least 30 days prior to the public hearing date, a description of the request, and
the date, start time of the meeting, and location of the hearing shall be given by mail to the
owners of record of land lying within 375 feet of the property subject to the application.
Applicants shall submit all information and certifications necessary to meet this requirement, as
determined by the Planning Department. Additionally, courtesy notice shall also be given to any
Florida not-for-profit community organization which has requested of the Planning Director in
writing to be notified of board hearings.
c. Posting.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 posted on the property. Such posting shall be a
minimum dimension of 11 inches by 17 inches and located in a visible location at the front of the
property and shall not be posted on a fence or wall that would be obstructed by the operation of
a gate.
ANALYSIS
Currently, there are no minimum notice requirements for discussion items that may be taken up
by the City's LUB's (DRB, HPB, Planning Board or Board of Adjustment). Generally, when a
member of an LUB requests a particular matter be discussed, the practice has been for the
Board to place such discussion on the next available agenda. At that point, the item is added to
the City's online agenda system.where it is available to the public.
While not common, there have been instances where a LUB discusses and provides a
recommendation on an item that was not on a published agenda and without any type of notice.
To increase transparency related to these types of discussion matters, at the request of the
LUSC, a draft ordinance was prepared, which establishes the following minimum notice
requirements for LUB discussion items: •
1. At least 10 days prior to any discussion item being heard specific to a single property, a
• courtesy mail or email notice shall be sent to the owner of such property, and the title for such
discussion shall be posted on the City's online agenda system.
2. At least 10 days prior to any discussion item being heard with respect to multiple properties,
the title for such discussion shall be posted on the City's online agenda system.
To avoid conflict with the City's Charter provision regarding the powers and duties of the HPB,
the above provisions are not applicable to HPB discussion items pertaining to the initiation of
historic designation. While the Administration will continue to make every attempt to provide
advance notice to a property owner, the following additional supplemental notice for HPB
matters is included in the ordinance:
1. Within 10 days following an action by the HPB to initiate the historic designation of a single
property or a district containing less than 10 properties, a mail or email courtesy notice shall be
provided to such property owner(s).
It is important to note that the existing historic designation procedures currently require a
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minimum of five (5) public notices after the HPB votes to initiate the designation process. The
designation of an individual property or an area less than 10 acres includes a mail notice to any
affected property owner and all property owners within 375' prior to HPB review of a preliminary
evaluation and prior to the initiation of zoning in progress.
-- In summary, the-proposed-enhanced-notice provisions for discussion items-before the City's
LUBs are expected to increase transparency and provide property owners with pertinent
information regarding their individual property.
PLANNING BOARD REVIEW
On June 27, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).
UPDATE
On March 13, 2024, the City Commission approved the ordinance at First Reading and
scheduled a Second Reading / Public Hearing for April 3, 2024.Additionally, in accordance with
section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission
waived the applicable fees based upon the legislation implementing best practices in urban
planning.
As part of the approval at First Reading, the item sponsor requested that the ordinance be
updated to include an applicable notice provision for non-property owners (i.e. residents and
tenants). Revised text is included in the ordinance for Second Reading.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance.As published
on the City's website (https://www miamibeachfl.gov/city-hall/city-clerk/meeting-notices/) on
January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it
implements an amendment to the Land Development Regulations.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on
December 13, 2023, the following information has been provided by the primary item sponsor
as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s)and principal(s): Not Applicable
SUPPORTING SURVEY DATA
According to the Miami Beach 2022 Community Satisfaction Survey, between 2019 and 2022,
the percentage of respondents who perceive the City as open and interested in hearing the
concerns or issues of residents fell from 56.4% to 49%. Establishing a notice procedure for
certain discussion items that are scheduled by Land Use Boards will increase transparency and
engagement.
FINANCIAL INFORMATION
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No Fiscal Impact Expected
CONCLUSION
The.Administration recommends the City Commission adopt the ordinance.
Applicable Airea--
-
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Tanya K. Bhatt and Co-sponsored by Commissioner Joseph Magazine
ATTACHMENTS:
Description
o BIE Statement SIGNED
D Ordinance
Page 634 of 1445
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Manager J'2 %3 - r 116tab
MEETING DATE: January 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
NOTICE REQUIREMENTS FOR DISCUSSION ITEMS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS,"
BY AMENDING CHAPTER 2 OF THE RESILIENCY CODE, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II, ENTITLED
"GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES,"
SECTION 2.2.4, ENTITLED "PUBLIC HEARING," BY AMENDING
SUBSECTION 2.2.4.1, ENTITLED "PUBLIC NOTIFICATION," TO ESTABLISH
A NOTICE PROCEDURE FOR CERTAIN DISCUSSION ITEMS THAT ARE
SCHEDULED BY LAND USE BOARDS; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
❑ Yes X No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
❑ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
i_� The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
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January 31, 2024
Page 2
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida-Statutes, relating to the Florida Fire Prevention Code.
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January 31, 2024
Page 3
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible; and
(c)An estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
Not Applicable
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Not Applicable
4. Additional comments:
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