2010-3711 Ordinance ORDINANCE NO. 2010 -3711
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 II,. "BOARDS," DIVISION 5, "BOARD
OF ADJUSTMENT," SECTION 118- 134, : "NOTIFICATION OF
HEARINGS ": ARTICLE IV, "CONDITIONAL USE PROCEDURE,"
SECTION 118 -193. "APPLICATIONS FOR CONDITIONAL
USES"; ARTICLE VI, "DESIGN REVIEW PROCEDURES ";
SECTION 118 -254, "DECISION OF DESIGN REVIEW BOARD,"
AND SECTION 118 -257, "DEFERRALS, CONTINUANCES AND
WITHDRAWALS," ARTICLE X, "HISTORIC PRESERVATION ";
SECTION 118 -563, "REVIEW PROCEDURE," AND SECTION
118 -591, "HISTORIC DESIGNATION PROCEDURE," AND
ARTICLE XI, "NEIGHBORHOOD . CONSERVATION DISTRICTS
(NCD) "; SECTION 118 -705, "PROCEDURES FOR ADOPTION
OF SPECIFIC NCD OVERLAY DISTRICTS," TO EXPAND THE
PUBLIC NOTICE PERIOD FOR ALL FOUR LAND USE BOARDS
FROM 15 DAYS TO 30 DAYS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the TRAC Committee recommendations aspire to make the Land
Development Application and Review Process more transparent and accessible to the
public; and
WHEREAS, an important recommendation of the Committee was to extend the
required mailed and newspaper notices for all four land use boards from 15 days to 30
days minimum; and
WHEREAS, the Land Use and Development Committee requested that an
ordinance amendment be drafted, which will extend the required mailed and newspaper
notice for all four land use boards from 15 days to 30 days minimum; and
WHEREAS, doing so should result in significant increases in public awareness
and participation in the City's Planning and Development activities; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: •
Section 1. Chapter 118, "Administration and Review Procedures," Article II, Boards,,
Division 5, "Board of Adjustment," Section 118 -134, "Notification of hearings" is hereby
amended as follows:
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Sec. 118 -134. Notification of hearings.
The board of adjustment shall not vary or modify any regulation or provision of these
land development regulations or hear an appeal of an administrative decision until a
public hearing has been held. 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 (i)
posted on the property, (ii) advertised in a paper of general paid circulation in the
community, and (iii) given by mail to the owners of record of land Ivinq within 375 feet of
the property. This mailed notification requirement shall be the responsibility of the
applicant. - ' -_ - _ - -- = - • - - - - - - - - . - -e= - e='= - e- • e
Where the application is for an appeal of an administrative decision the preceding
information shall be supplemented by an explanation of what is being appealed.
Section 2. Chapter 118, "Administration and Review Procedures," Article IV,
"Conditional Use Procedure," Sec. 118 -193. "Applications for conditional uses" is hereby
amended as follows:
Sec. 118 -193. Applications for conditional uses.
A 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 la posted on the property,
ii and advertised in a paper of general paid circulation in the community, and (iii) -
given by mail to the owners of record of land lying within 375 feet of
the property. This mailed notification requirement shall be the responsibility of the
applicant.
Section 3. Chapter 1 "Administration and Review Procedures," Article VI, "Design
Review Procedures," is hereby amended as follows:
Sec. 118 -254. "Decision of design review board"
* * *
(b) 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 (i) posted on the
property, (ii) be advertised in a paper of general paid circulation in the community
municipality; and (iii) given by mail to the owners of record of land
lying within 375 feet of property. The mail notification requirement shall be the
responsibility of the applicant.
* * *
Sec. 118 -257. Deferrals, continuances, and withdrawals.
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(a) 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 -254. 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 design review 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 -254, and shall be at the city's expense.
(b) The board may continue an application to a date certain at either the request of
the applicant or at its own discretion. - _ _ _ _ - _ _ ' - - ' _ - •_ _e _e-
_
Section 4. Chapter 118, "Administration and Review Procedures," Article
X, "Historic Preservation," is hereby amended as follows:
Division 3. Issuance Of Certificate Of Appropriateness /Certificate To Dig /Certificate Of
Appropriateness For Demolition"
Section 118 -563, "Review procedure"
* * *
(c) All applications for a certificate of appropriateness for the demolition or partial
demolition of any building, structure, improvement, significant landscape feature, public
interior or site individually designated in accordance with sections 118 -591, 118 -592 and
118 -593, or located within an historic district and all applications for a certificate of
appropriateness for new building construction, alteration, rehabilitation, renovation,
restoration or any other physical modification of any building, structure, improvement,
significant landscape feature, public interior or site individually designated in accordance
with sections 118 -591, 118 -592 and 118 -593, or located within an historic district shall
only be considered by the board following a public hearing. hex ' At least 30
days prior to the public hearing date, a description of the request with the date, time and
place of such hearing shall be Q posted on the property, (ii) advertised in a paper of
general paid circulation in the communitys and Ilia notice shalt be given by mail to the
owners of record of land lying within 375 feet of the property. The mail notification
requirement shall be the responsibility of the applicant.
* *
Division 4. Designation
Sec. 118 -591. Historic designation procedure.
3 of
* *
(f) Public hearing; notification. A public hearing on a proposed historic preservation
designation shall be conducted by the historic preservation board after the date a
designation report has been filed. The property owners of record within 375 feet of the
property proposed for designation shall be notified by mail of the public hearing at least
45 30 days in advance of the hearing. This notification requirement shall be the
responsibility of the applicant.
(g) Designation procedures initiated by owners of single - family homes in single -
family districts. Notwithstanding the above, the following shall apply to any request by
property owners for the individual designation of their single - family homes as historic
structures:
* * *
(2) Public notice requirements. At least 45 30 days prior to the public hearing date
for the subject designation, a description of the request with the time and place of the
public hearing, shall be advertised in a paper of general paid circulation in the
community.
Section 5. Chapter 118, "Administration and Review Procedures," Article XI.
"Neighborhood Conservation Districts (NCD)" is hereby amended as follows:
Sec. 118 -705. Procedures for adoption of specific NCD overlay districts.
* * *
(b) Preliminary review.
* * *
(2) Notification of the preliminary public hearing shall be advertised in accordance
with section 118- 164(2)(b) regardless of acreage and, in addition, all property owners
within the proposed district as well as within a 375 -foot radius of the proposed district
shall be notified by individual mail notice with a description prepared in plain English,
and postmarked not less than 45 30 days in advance of the hearing.
* * *
(d) Discussion and recommendations by the design review board.
* * *
(2) Notification of this public meeting shall be advertised in a newspaper of general
circulation at least 45 30 days prior to the meeting.
Section 6. Repealer.
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All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
Section 7. 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 8. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 9. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 8th day of December , 2010.
/1Z P. i
MAYOR
ATTE
Ltkt ,
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
./ II /f` .
; Mri Attorney Date
First November 17, 2. I /'
Second Reading: December 8, 2010
fi
Verified by:
Richard G. Lorber, AICP
Acting Planning Director
Underscore denotes new language.
denotes deleted language.
T:\AGENDA\2010\November 17\Regular\Expan to 30 -day notice ORD rev.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending the public
notice period from 15 days to 30 days for all four land use boards
Key Intended Outcome Supported:
Regulatory -
Supporting Data (Surveys, Environmental Scan, etc Regulatory
Issue:
Should the City Commission expand the public noticing requirement of all four land use boards from 15
days to 30 days; thereby extending the submission deadlines from approximately 45 days to 60 days?
Item Summary /Recommendation:
SECOND READING PUBLIC HEARING
At the September 27, 2010 meeting, the Land Use and Development Committee discussed and referred
an ordinance to the Planning Board that would extend the mailed notice requirement in the Land
Development Regulations of the City Code from 15 days to 30 days. This proposal developed out of the
TRAC Committee recommendations to make the Land Development Application and Review Process
more transparent and accessible to the public.
Implementation of the proposed ordinance will result in delaying the timing for applications to be heard by
the respective land use boards. By requiring the publishing of a 30 -day notice, staff will have to advance
the submission deadlines an additional two weeks, which will have the effect of making this a two -month
(60 days) deadline before the scheduled hearing. However, since additional requirements have been
adopted in the past year; requiring certain consultant studies for noise and traffic impacts, and in many
cases requiring a second peer review performed by a City hired professional consultant, building extra time
into the application process is warranted in order to allow adequate, time to commission and review such
studies.
The Administration recommends that the City Commission adopt the proposed ordinance.
Advisory Board Recommendation:
At the October 26, 2010 meeting, the Planning Board voted not to recommend approval of the proposed
ordinance by a vote of 5 -2. The Board discussed this ordinance extensively and ultimately believed that
the additional time added to the submission deadlines in order to provide a 30 -day notice was not
business friendly and extremely onerous to applicants.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon
the resources of the City at this time.
City Clerk's Office Legislative Tracking:
Richard Lorber or Mercy Lamazares
Si • n - Offs:
4 Dep . rt � , - nt Director ssistant Ci A anager City Manager
T:1A ENDAl2010\December 8\Regular \1980 - •- - d ( 30 -da , no ice sum.d
414.
AGENDA ITEM R s
M IAMIBEA CH
DATE 1 - ! 0
tte
M IAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 8, 2010 140
econd Reading Public Hearing
SUBJECT: AN ORDINANCE AMENDMENT TO EXPAND THE PUBLIC NOTICE PERIOD
FROM 15 DAYS TO 30 DAYS FOR ALL FOUR LAND USE BOARDS
•
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 II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT,"
SECTION 118 -134, "NOTIFICATION OF HEARINGS "; ARTICLE IV,
"CONDITIONAL USE PROCEDURE," SECTION 118 -193.
"APPLICATIONS FOR CONDITIONAL USES "; ARTICLE VI, "DESIGN
REVIEW PROCEDURES "; CHAPTER 118, "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE X, "HISTORIC
PRESERVATION"; AND ARTICLE XI. "NEIGHBORHOOD
CONSERVATION DISTRICTS (NCD) "; TO EXPAND THE PUBLIC
NOTICE PERIOD FOR ALL FOUR LAND USE BOARDS FROM 15
DAYS TO 30 DAYS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
BACKGROUND
At the September 27, 2010 meeting, the Land Use and Development Committee
discussed and referred an ordinance to the Planning Board that would extend the mailed
notice requirement in the Land Development Regulations of the City Code from 15 days
to 30 days. This proposal developed out of the TRAC Committee recommendations to
make the Land Development Application and Review Process more transparent and
accessible to the public.
City Commission Memorandum
File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards
December 8, 2010 Page 2
ANALYSIS
At the Land Use and Development Committee meeting of October 26, 2009, staff
discussed with the Committee their plans to post additional information and
documentation on the City's website and to expand the language of the project
descriptions in the public notices for the Land Use Boards. The TRAC Committee
recommendation to expand the public notice period for the four Land Use Boards
(Planning Board, Board of Adjustment, Historic Preservation Board and Design Review
Board) from 15 days to 30 days will require an amendment to the Land Development
regulations. The attached ordinance would accomplish this task for all four boards.
Implementation of the proposed ordinance will result in delaying the timing for
applications to be heard by the respective land use boards. By requiring the publishing
of a 30 -day notice, staff will have to advance the submission deadlines an additional two
weeks, which will have the effect of making this a two -month (60 days) deadline before
the scheduled hearing. However, since additional requirements have been adopted in
the past year, requiring certain consultant studies for noise and traffic impacts, and in
many cases requiring a second peer review performed by a City hired professional
consultant, building extra time into the application process is warranted in order to allow
adequate time to commission and review such studies.
Planning Department staff has been discussing this proposal to extend the notice
requirements with the four Land Use Boards, with stakeholders from the business and
development community and with the neighborhood residents and citizen activists.
There is always a strong desire to streamline governmental processes and reduce the
time it takes to have proposals reviewed and approved. However, there is also a clear
realization that additional public notice for pending land use and development approvals
is important. Often public hearings are delayed or continued by the boards, when
nearby residents or neighborhood groups complain about not having been notified about
proposals until the last minute. Rather than to continue to entertain these arguments, by
extending the notice period to 30 days, conflicts over late noticing can be reduced, and
all parties can have more time to work together on building consensus.
By extending the timeframes for applications and public notices for Land Use board
hearings, together with improvements to the City's website and public outreach,
Planning Department staff believes that significant increases in public awareness and
participation in the City's Planning and Development activities can be achieved.
Attached is a sample staff worksheet that illustrates how these new deadlines would
work in relation to the meeting date.
PLANNING BOARD ACTION
At the October 26, 2010 meeting, the Planning Board voted not to recommend approval
of the proposed ordinance by a vote of 5 -2. The Board discussed this ordinance
extensively and ultimately believed that the additional time added to the submission
deadlines in order to provide a 30 -day notice was not business friendly and would be
extremely onerous to applicants.
The City Commission approved the proposed ordinance on first reading on November.
17, 2010.
City Commission Memorandum
File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards
December 8, 2010 Page 3
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
Pursuant to Section 118 -164 (3) of the City Code, when a request to amend the land
development regulations does not change the actual list of permitted, conditional or
prohibited uses in a zoning category, the proposed ordinance may be read by title or in
full on at least two separate days and shall, at least ten days prior to adoption, be
noticed once in a newspaper of general circulation in the city. Immediately following the
public hearing at the second reading, the city commission may adopt the ordinance by
an affirmative vote of five - sevenths of all members of the city commission.
JMG /JGG /RGL/ML
T:WGENDA\20100ecember 8 \Regular \1980 - expan to 30 -day notice memo.docx
City Commission Memorandum
File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards
December 8, 2010 Page 4
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
PUBLISHED NOTICE & POSTING LOG
PLANNING BOARD - Example worksheet
MEETING DATE: 26- Oct -10
Submission deadline for this meeting (the Monday 60 days prior to
meeting) 27- Aug -10
(If the date falls on a holiday, then the following day)
MAILING DEADLINES:
Labels, Envelopes & Notices picked up by: (40 days prior) 16- Sep -10
Stuffed and labeled envelopes due back by: (35 days prior) 21- Sep -10
Stuffed and labeled envelopes in mailbox by (30 days prior) 26- Sep -10
Posting of properties by: (30 days prior) 26- Sep -10
PUBLISHING:
To Miami Herald Neighbors: 35 days prior) 21-Sep-10
Deadline for Miami Herald Neighbors: 34 days prior) 22 -Sep -10
Published in the Miami Herald Neighbors: (Sunday - 30 days prior) 26- Sep -10
Post After- Action report on City's Web Site 30- Oct -10
PACKAGES AND WEB INFO:
Send complete packages to Board Members (the prior Thursday) 21- Oct -10
E -Mail Agenda to Web & Mailing List 21- Oct -10
E -Mail TV Agenda to Jeffrey Singer 21- Oct -10
15 days prior to the meeting: (Monday) 11- Oct -10
21 days prior to the meeting: (Tuesday) 05- Oct -10
MEETING DATE: (Tuesday) 26- Oct -10
r 2. •L ' it
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE: PUBLIC - HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will
be held by the Mayor and City Commission of the City of Miami Beach,
Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention
Center Drive, Miami :Beach, Florida; on Wednesday, December 8t 2010,
to consider the following:
10:15 a.m.
Ordinance Amending The .Code Of The City Of Miami Beach, By Amending
Chapter 2, Entitled "Administration," By Amending Article III, Entitled
"Agencies, Boards And Committees," By Amending Division 14, Entitled
"Safety Committee," By Amending Sec. 2= 176(E) To Require That One
Of The Two Direct Appointments Made By The Mayor And Each City
Commissioner Be Citizen Emergency Response Team (CERT) Certified.
Inquiries may be directed to the City Clerk's Office 9305) 673 -7411.
v... 10:20 a.m. • •
Ordinance Amending The Land Development Regulations Of The
City Code By Amending Chapter 118, "Administrative And Review
Procedures," Article 11, "Boards," Division 5, "Board Of Adjustment,"
Section 118 7134, "Notification Of Hearings "; Article IV, "Conditional
Use Procedure,":Section 118 -193. "Applications For Conditional Uses ";
Article VI, "Design Review Procedures"; Section 118 -254, "Decision Of
Design Review Board," And 'Section 118 -257, "Deferrals, Continuances
And Withdrawals," Article X, "Historic Preservation "; Section
118 -563, "Review. Procedure," And Section 118 -591, "Historic
Designation Procedure," ;;And Article XI: "Neighborhood Conservation
Districts (NCD) ", Section 118 -705; "Procedures For Adoption Of Specific
NCD Overlay Districts," To Expand The Public Notice Period For All Four
Land Use Boards From 15 Days To 30 Days.
Inquiries may be directed to the Planning Department (305) 673 - 7550.
10:40 a.m.
Ordinance Amending The Code Of The City Of Mi Beach Code, By
Amending Chapter 142, Zoning Districts And Regulations, Article V,
Specialized Use Regulations, Division 7, Bed And Breakfast Inns, Section
142- 1401, Conditions For Bed And . Breakfast Inns, By Modifying The
Conditions For Bed. And Breakfast Inns To Widen The Eligibility For
Alterations.
Inquiries may be directed to the Planning Department (305) 673 -7550.
INTERESTED P are invited to appear at this meeting or be
represented -by an agent or to express their views in writing addressed
to the Ctty Commission c/o the City Clerk, 1700 Convention Center Drive,
1 Floor, City Hall, Miami Beach, Florida 33139. This meeting may be
opened and continued and under such circumstances additional legal
notice would not be provided.
Robert E. Percher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, FL Statutes, the City hereby advises the
public that: if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at its meeting
or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence,_ nor does' it authorize challenges or
appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding, or
to request information on access for persons with disabilities, or to
request this publication in accessible: format, or to request sign language
interpreters, should contact the City Clerk's office at (305) 673 -7411, no
later than four days prior to the proceeding. if hearing impaired, contact
the City Clerk's office via the Florida Relay Service numbers, (800) 955
8771 (TTY) or (800) 955 -8770 (VOICE). AD #637 I