2014-3889 Ordinance TIME FRAME LIMITATIONS FOR DEFERRALS, CONTINUANCES, AND
WITHDRAWALS
ORDINANCE NO 2014-3889
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 VIII,
"PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118-352, "PROCEDURE;" ARTICLE IV, "CONDITIONAL USE
PROCEDURE," SECTION 118-193, "APPLICATIONS FOR CONDITIONAL
USES;" AMENDING THE PROCEDURES FOR THE BOARD OF
ADJUSTMENT AND FOR THE PLANNING BOARD BY PLACING
TIMEFRAME LIMITATIONS ON APPLICATIONS FOR PURPOSES OF
DEFERRALS, CONTINUANCES, WITHDRAWALS AND SUBMITTAL OF
APPLICATIONS AND EXHIBITS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations provides
for the regulation of land through the appointment of quasi-judicial land use boards;
and
WHEREAS, it has become necessary to review and amend the procedures
by which such boards manage applications within their respective jurisdictions; and
WHEREAS, the Planning Board recommended approval of this Ordinance at
its meeting dated May 27, 2014 by a vote of 6-0; and
WHEREAS, the amendments set forth below are necessary to accomplish
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, "Administrative and Review Procedures," Article
VIII, "Procedures for variances and administrative appeals," Section 118-352
"Procedure," of the Land Development Regulations, is hereby amended to read as
follows:
(c) Effect of deferment, continuances, withdrawal or denial. Upon the withdrawal or
denial of an application for a variance from the provisions of these land
development regulations, no new application may be filed for such variance
within six months following such withdrawal or denial, unless, however, the
decision of the board of adjustment taking any such final action is made without
prejudice, or unless the withdrawal of such application is permitted to be made
without prejudice. An appliGatiGR may be withdrawn without pFejudiGe by the
. feF wmthdFawal shall be with pFejudiGe, save and eXGept that the beaFd
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1. 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 118-357(2). 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
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 118-357(2), and shall be at the
city's expense.
2. The board may continue an application to a date certain at either the
request of the applicant or at its own discretion.
3. In-the event the application is continued due to the excessive length of an
agenda or in order for the applicant to address specific concerns
expressed by the board and/or staff, the applicant shall present for
approval to the board a revised application inclusive of all required
exhibits that attempts to address the concerns of the board and/or staff,
for the date certain set by the board, which shall be no more than 120
days after the date on which the board continues the matter.
4. In the event that the applicant fails to present for approval to the board, a
revised application as described above within 120 days of the date the
application was continued, the application shall be deemed null and void.
5. Deferrals or continuances for a specific application shall not exceed one
year cumulatively for all such continuances or deferrals made by the
board, or the application shall be deemed null and void.
6. An application may be withdrawn by the applicant if such request is in
writing and filed with the planning department prior to the public hearing,
or requested during the public hearing, provided, however, that no
application may be withdrawn after final action has been taken. Upon a
withdrawal or final denial of an application by the board of adiustment the
same application cannot be filed within six months of the date of the
withdrawal or denial unless, however, the decision of the board taking any
such action is made without preiudice to refile.
7. In the event there is a lack of a quorum, all pending or remaining matters
shall be automatically continued to the next available meeting of the
board.
SECTION 2. Chapter 118, "Administrative and Review Procedures," Article IV,
"Conditional use procedure," Section 118-193, "Applications for Conditional Uses," of
the Land Development Regulations, is hereby amended to read as follows:
Section 118-193(2). Time limitations.
b. 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 118-196(5). 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 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
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the same as for a new application as provided in section 118-196(5),
and shall be at the city's expense.
c. The board may continue an application to a date certain at either the
request of the applicant or at its own discretion.
d. In the event the application is continued due to the excessive length of
an agenda or in order for the applicant to address specific concerns
expressed by the board and/or staff, the applicant shall present for
approval to the board a revised application inclusive of all required
exhibits that attempts to address the concerns of the board and/or staff,
for the date certain set by the board, which shall be no more than 120
days after the date on which the board continues the matter.
e. In the event that the applicant fails to resent for approval to the board a
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revised application as described above within 120 days of the date the
application was continued, the application shall be deemed null and
void.
f. Deferrals or continuances for a specific application shall not exceed one
year cumulatively for all such continuances or deferrals made by the
board, or the application shall be deemed null and void.
g. An application may be withdrawn by the applicant if such request is in
writing and filed with the planning department prior to the public hearing,
or requested during the public hearing, provided, however, that no
application may be withdrawn after final action has been taken. Upon a
withdrawal or final denial of an application by the planning board the
same application cannot be filed within six months of the date of the
withdrawal or denial unless, however, the decision of the board taking
any such action is made without prejudice to refile.
h. In the event there is a lack of a quorum, all pending or remaining matters
shall be automatically continued to the next available meeting of the
board.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 4. 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 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
3
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this c23 day of J14 , 2014.
ATTEST:
MAYOR
CITY C ERK
' s •': APPROVED AS TO
r FORM AND LANGUAGE
:I�JCORP ORATED: & FOR EXECUTION
••° ° ' � � ity Attorney Date
, y0-
First Reading: June 11,201`4
Second Reading: July 23, 2 14
Verified by:
Tho as R. Mooney, A CP
Planning Director
Underscore denotes new language
denotes deleted language
T:\AGENDA\2014\July\Time Frame Limitations-ORD Second Reading.docx
4
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying the time limits for certain actions of
the Planning Board and Board of Adjustment.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data(Surveys, Environmental Scan,etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING- PUBLIC HEARING
The proposed Ordinance would incorporate the same time frame limitations applicable to the Design
Review and Historic Preservation Boards for continuances, withdrawals and deferrals into the
procedures for the Planning Board and Board of Adjustment.
On June 11, 2014 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for July 23, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
E 6On May 27, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director Assistant City Manager City Manager
/+V\
T:\AGENDA\2014\July\Time Frame Limitations-SUM Second Reading.docx
AGENDA ITEM ^�
_
MIAMIBEACH DATE — —7 23 /y
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the City ommission
FROM: Jimmy L. Morales, City Manager
DATE: July 23, 2014 S OND READING—PUBLIC HEARING
SUBJECT: TIME FRAME LIMITATIONS FOR DEFERRALS, CONTINUANCES, AND
WITHDRAWALS
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 VIII,
"PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118-352, "PROCEDURE;" ARTICLE IV, "CONDITIONAL USE
PROCEDURE," SECTION 118-193, "APPLICATIONS FOR CONDITIONAL
USES;" AMENDING THE PROCEDURES FOR THE BOARD OF
ADJUSTMENT AND FOR THE PLANNING BOARD BY PLACING
TIMEFRAME LIMITATIONS ON APPLICATIONS FOR PURPOSES OF
DEFERRALS, CONTINUANCES, WITHDRAWALS AND SUBMITTAL OF
APPLICATIONS AND EXHIBITS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 19, 2014, the Land Use and Development Committee ("LUDC") discussed
language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot
language, regarding transfer of Board of Adjustment powers and amendments to the
special related acts, was referred to the full City Commission with a favorable
recommendation.
Additionally, as part of this discussion, the LUDC directed the Administration to study
various aspects of the City's Land Use Board standards, including standardized
procedures for deferments, continuances and withdrawals of applications going through
the public hearing process, and present a draft Ordinance at its April 9, 2014 meeting.
As a result, on April 9, 2014 the LUDC referred the item to the Planning Board.
ANALYSIS -
In an effort to promote consistency, the proposed ordinance would standardize the
procedures for `Continuances', 'Withdrawals' and `Deferrals' for each of the Land Use
Boards. Currently, the Design Review Board (Section118-257) and Historic Preservation
Board (Section 118-532) utilize the following procedures:
Commission Memorandum
Ordinance—Time Frame Limits
July 23, 2014 Page 2 of 2
• Applicants may defer an application in writing, and only one time before the
public hearing. This procedure requires the applicant to pay fees associated with
the deferment and re-noticing of the application. The applicant may also request
deferment during the public hearing, but may not withdraw the application after
final action has been taken.
• The board may continue an application to a date certain at either the request of
the applicant or at its own discretion. Additionally, the applicant is required to
present to the Board and/or Staff a revised application inclusive of all exhibits no
more than 120 days after the date on which the board continues the matter.
• In the event that the applicant fails to present for approval to the board a revised
application as described above within 120 days of the date the application was
continued, the application shall be deemed null and void.
• Deferrals or continuances for a specific application shall not exceed one year
cumulatively for all such continuances or deferrals made by the board, or the
application shall be deemed null and void.
• In the event there is a lack of a quorum, all pending or remaining matters shall be
continued to the next available meeting of the board.
The language described above has been added to the appropriate locations in Section
118-352 for the Board of Adjustment and Section 118-193 for the Planning Board, as set
forth in the accompanying ordinance amendment.
PLANNING BOARD REVIEW
On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2181).
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The subject Ordinance was approved at First Reading on June 11, 2014.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
TAAGENDA\2014Wu1y\Time Frame Limitations-MEM Second Reading.docx
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