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2015-3976 Ordinance CONSOLIDATION AND STANDARDIZING OF NOTIFICATION PROCEDURES ORDINANCE NO. 2015-3976 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING SECTION 118-8 ENTITLED "NOTICE PROCEDURES" AT CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," IN ORDER TO CONSOLIDATE AND STANDARDIZE THE NOTICE PROVISIONS FROM THE VARIOUS SUBSECTIONS OF THE LAND DEVELOPMENT CODE IN ONE SECTION; AMENDING AND/OR STRIKING THE VARIOUS NOTICE PROVISIONS FROM ARTICLE II "BOARDS," DIVISION 5 "BOARD OF ADJUSTMENT" AT SECTION 118-134; ARTICLE IV "CONDITIONAL USE PROCEDURE" AT SECTION 118-193; ARTICLE VI "DESIGN REVIEW PROCEDURES" AT SECTION 118-254; ARTICLE X "HISTORIC PRESERVATION" DIVISION 3 "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION" AT SECTION 118-563; AND DIVISION 4 "DESIGNATION" AT SECTION 118-591; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is in the process of updating the City's procedures and on-line capabilities through the use of Energov and NOVUS Agenda, which systems, will allow for an online collaboration in processing board applications and creating agendas for all City Commission and quasi-judicial board meetings; and WHEREAS, as part of this initiative, City departments are in the process of configuring the workflows which include the type of notice need for the type of application being heard — whether there is a public hearing notice requirement, whether mailed notice or posting is required, and the time tables for producing said notice; and, WHEREAS, currently, the notice provisions for each board are located throughout the code, and are not easy to find. Often, the notice provision is subsumed within a larger ordinance, and differ from board to board making it very difficult for the general public to understand the type of notice they can expect; and WHEREAS, in an effort to foster transparency and facilitate ease of use, the City Planning Department has requested that the various notice provisions contained in the Land Development Code, for each type of application is consolidated in one ordinance, in one section of the Code, and be uniform for the various land use board applications; and WHEREAS, consolidation would also facilitate the implementation of the Energov and NOVUS Agenda software systems and ensure that staff does not err in providing proper notice; and 1 WHEREAS, the notice requirements have not changed in the draft Consolidation and Standardizing of Notification Procedures.Ordinance, with the exception of the inclusion of additional language regarding requirements for posting, which language ensures that the posting is clearly visible from the street; and WHEREAS, the amendment set forth below is necessary to accomplish the objectives identified above. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SECTION 1. That Chapter 118, "Administrative and Review Procedures", Article I "In General", Section 118-8 "Notice Procedures for Quasi-Judicial, Public Hearing Land Use Board Actions" hereby established as follows: 118-8 Notice Procedures For Quasi-Judicial, Public Hearing Quasi-Judicial Land Use Board Actions. Quasi-judicial, p ublic hearin g, applications for land use board actions (Board of Adjustment, Design Review Board, Historic Preservation Board, and Planning Board) that require notice shall be noticed in accordance with the following provisions, unless otherwise more specifically provided for in these Land Development Regulations, and shall pay a fee pursuant to Section 118-7, and Appendix A: (a) Advertisement. At least 30 days prior to the quasi-judicial, 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. Applicant shall be required to pay all associated costs relating to the advertisement. (b) Mail Notice. At least 30 days prior to the quasi-judicial, 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 department. Additionally, courtesy notice shall also be given to any Florida nonprofit community organization which has requested of the director in writing to be notified of board hearings. Applicant shall be required to pay all associated costs relating to the mailed notice. (c) Posting. At least 30 days prior to the quasi-judicial, 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. Applicant shall be required to pay all associated costs relating to the posting. 2 SECTION 2. That Chapter 118, "Administrative and Review Procedures", Article II "Boards", Division 5 "Board of Adjustment" at Sec. 118-134, "Applications", is hereby amended as follows: Sec. 118-134. —Applications. . Quasi-judicial public hearing applications shall be submitted to the planning department, which shall prepare a report and recommendation for consideration by the board of adjustment.—The has been held. At least 30 days prior to the public hearing date, a description of the request, appealed. SECTION 3. That Chapter 118, "Administrative and Review Procedures", Article IV "Conditional Use Procedures," at Section 118-193, "Applications for conditional uses", is hereby amended as follows: Sec. 118-193. -Applications for conditional uses. Quasi-judicial, public hearing aApplications for approval of a conditional use shall be submitted to the planning department, which shall prepare a report and recommendation for consideration by the planning board, and when required, by the city commission, and shall comply with the notice requirements in accordance with section 118-8. - -- _ - _ - -.-, e- 'e - - -! . _ -e••t. - -. .. .- .. e - . . •. e -- • .- -- -- - •••- .. SECTION 4. That Chapter 118, "Administrative and Review Procedures", Article VI "Design Review Procedures" at Section 118-254, "Decision of design review board", is hereby amended as follows: Sec. 118-254. - Decision of design review board. (a) The design review board shall consider each application at a quasi-judicial, public hearing, at which the applicant and interested persons shall have an opportunity to express their opinions, present evidence and rebut all evidence presented. The planning department, 3 shall provide the applicant with advance notice of the hearing date and time, including a copy of the agenda and the recommendation of the planning department. (b) Applications shall comply with the notice requirements in accordance with section 118-8. • _ _ SECTION 5. That Chapter 118, "Administrative and Review Procedures", Article X "Historic Preservation", Division 3 " Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition" at Section 118-563, "Review procedure", is hereby amended as follows: Sec. 118-563. - Review procedure. (a) All quasi-judicial public hearing_ applications involving demolition, new 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 be placed on the next available agenda of the historic preservation board for its review and consideration after the date of receipt of a completed application. (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, and shall comply with the notice requirements in accordance with section 118-8. At least 30 days prior to the public hearing date, a description of the request (b) The historic preservation board shall decide, based upon the criteria set forth in subsection 118-564(f)(4), whether or not to issue a certificate of appropriateness for demolition. A 4 demolition permit shall not be issued until all of the following criteria are satisfied, except as permitted under subsection 118-564(0(6): SECTION 6. That Chapter 118, "Administrative and Review Procedures", Article X "Historic Preservation", Division 4, "Designation" at Section 118-591, "Historic designation procedure", is hereby amended as follows: Sec. 118-591. - Historic designation procedure. * * * (f) Public hearing; notification. A quasi-judicial 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 and shall comply with the notice requirements in accordance with section 118-8. -- - - --- - - - --- - ' -•' - - -- - -- - (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) Reserved. '- - '- - '-- - -' . ' -- • - - - -- = •- - e- - public hearing, shall be advertised in a paper of general paid circulation in the * * * SECTION 7. 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 8. REPEALER. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. SECTION 9. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 5 SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this , R day of ,DeC(wL4e/ , 201.. - ,,/ / 7 f \ B 14�f,, Philip `evi : � y ATTE �..•• • 'q �� In2., g" - 0 ..-•,-....,11;,,, .... •,, ,.,7 Rafael E. Granado, ity lerk APPROVED AS FORM &LANGUAGE . ORATED: TO �4j &FO XE TION First Reading: October 14,$•• s ,. filldp5 Second Reading: December 9, '".. 4CH 26',��``_ — ate a%I, t, City AttomeY Verified by: Thomas R. Mooney, AICP Planning Director Underscore denotes new language denotes deleted language [Sponsored by Commissioner Greico] T:\AGENDA\2015\December\PLANNING\Notification Procedures -Second Reading ORD 11-18-2015.docx 6 • COMMISSION ITEM SUMMARY Condensed Title: Ordinance amendments to the land development regulations to consolidate and standardize the notification, rehearing and appeal procedures for all land use boards, including administrative appeals and quasi-judicial applications before the historic preservation board, board of adjustment, planning board, and design review board. Key Intended Outcome Supported: Streamline the Delivery of Services Through All Departments. Improve Building Development Related Processes From Single Family Residences To The Large Development Projects. Supporting Data (Surveys, Environmental Scan, etc The City's efforts to meet residents' expectations in delivering services dropped from 67% in 2012 to 58% in 2014. Item Summary/Recommendation: SECOND READING-PUBLIC HEARING The Consolidation and Standardization of Notification Procedures ordinance consolidates the various notice provisions contained in the Land Development Regulations, and the Rehearings and Appeals ordinance consolidates these procedures into one section of the City Code. This would also facilitate the implementation of the Energov and NOVUS Agenda software systems, which the City is currently configuring. On October 7, 2015, the Land Use and Development Committee recommended approval of the proposed ordinance amendments. On October 14, 2015, the City Commission accepted the recommendation of the Land Use and Development Committee via-separate motion; and approved the subject Ordinance at First Reading, and scheduled a Second Reading Public Hearing for December 9, 2015. The Administration recommends that the City Commission adopt the ordinances. Advisory Board Recommendation: On October 27, 2015, the Planning Board (vote 7-0) transmitted the attached proposals to the City Commission with a favorable recommendation (Planning Board File Nos. 2273 &2276). 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 Direc or A t City Manager ity Manager 1 elt ` T:WGENDA\2015 December\PEA NNING\Notifications, Reaheanngs and Appeals-Seco • SUM.docx AGENDA ITEM r�51� � BEA' H AGENDA DATE 124-15- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov MEMO# COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City •.mmission FROM: Jimmy L. Morales, City Manager DATE: December 9, 2015 ECO ID READING — PUBLIC HEARING SUBJECT: Consolidation and Standardizing •'`': Notification Procedures Ordinance Rehearing and Appeal Procedures Ordinance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, BY CREATING SECTION 118-8 ENTITLED "NOTICE PROCEDURES" AT CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," IN ORDER TO CONSOLIDATE AND STANDARDIZE THE NOTICE PROVISIONS FROM THE VARIOUS SUBSECTIONS OF THE LAND DEVELOPMENT CODE IN ONE SECTION; AMENDING AND/OR STRIKING THE VARIOUS NOTICE PROVISIONS FROM ARTICLE II "BOARDS," DIVISION 5 "BOARD OF ADJUSTMENT" AT SECTION 118-134; ARTICLE IV "CONDITIONAL USE PROCEDURE" AT SECTION 118-193; ARTICLE VI "DESIGN REVIEW PROCEDURES" AT SECTION 118-254; ARTICLE X "HISTORIC PRESERVATION" DIVISION 3 "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION" AT SECTION 118-563; AND DIVISION 4 "DESIGNATION" AT SECTION 118-591; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSOLIDATING AND STANDARDIZING THE REHEARING AND APPEAL PROCEDURES, INCLUDING ADMINISTRATIVE APPEALS AND QUASI-JUDICIAL APPLICATIONS BEFORE HISTORIC PRESERVATION BOARD, BOARD OF ADJUSTMENT, PLANNING BOARD, AND DESIGN REVIEW BOARD, BY AMENDING THE FOLLOWING SECTIONS: CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," AT SECTION 118-9, ENTITLED "APPEAL AND REHEARING PROCEDURES"; AND AMENDING ARTICLE II "BOARDS" DIVISION 3 "DESIGN REVIEW BOARD" AT SECTION 118-71; DIVISION 5 "BOARD OF ADJUSTMENT" AT SECTIONS 118-134, 118-136, 118-137, 118- 138; ARTICLE IV "CONDITIONAL USE PROCEDURE" AT SECTIONS 118- Commission Memorandum Ordinance Amendments—Notifications, Rehearings and Appeals December 9, 2015 Page 2 of 5 193, AND 118-197; ARTICLE VI "DESIGN REVIEW PROCEDURES" AT SECTIONS 118-258, 118-260, 118-261, 118-262, 118-263; ARTICLE VIII "PROCEDURES FOR VARIANCES AND ADMINISTRATIVE APPEALS" AT SECTIONS 118-352 and 118-358; ARTICLE IX "NONCONFORMANCES" AT SECTIONS 118-395 AND 118-397; ARTICLE X "HISTORIC PRESERVATION"; DIVISION 2 "HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS" AT SECTIONS 118-532, 118-536, AND 118-537; DIVISION 3 "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION" AT SECTIONS 118-563, 118-564, 118-565; DIVISION 5 "SINGLE-FAMILY AD VALOREM TAX EXEMPTION" AT SECTION 118-609; CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" AT ARTICLE II "DISTRICT REGULATIONS," DIVISION 2 "RS-1,RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS AT SECTION 142-108 IN ORDER TO REMOVE ANY CONFLICTS WITH NEWLY CREATED SECTION 118-9; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the ordinances. BACKGROUND On June 10, 2015, at the request of Commissioner Deede Weithorn, the City Commission referred this item to both the Land Use and Development Committee and the Planning Board (Item C4F). On October 7, 2015, the Land Use and Development Committee recommended approval of the proposed ordinance amendments. ANALYSIS The City of Miami Beach is in the process of updating the City's procedures and on-line capabilities through the use of Energov and NOVUS Agenda. These systems will allow for an online collaboration in processing board applications and creating agendas for all City Commission and quasi-judicial board meetings. As part of this initiative, City departments are in the process of configuring the workflows which include the type of notice needed for the type of application being heard —whether there is a public hearing notice requirement, whether mailed notice or posting is required, and the time tables for producing said notice. Currently, the notice provisions for each board are located throughout the code, and are not easy to find. Often, the notice provision is subsumed within a larger ordinance, and differ from board to board making it very difficult for the general public to understand the type of notice they can expect. The administration is recommending that the various notice provisions contained in the Land Development Code be consolidated in one ordinance, in one section of the Code, and be uniform for the various land use board applications. This would also facilitate the implementation of the Energov and NOVUS Agenda software systems and ensure that staff does not err in providing proper notice. Commission Memorandum Ordinance Amendments—Notifications, Rehearings and Appeals December 9, 2015 Page 3 of 5 The notice requirements have not changed in the proposed Consolidation and Standardizing of Notification Procedures Ordinance, with the exception of the inclusion of additional language regarding requirements for posting, as noted in the underlined section below: 118-8 Notice Procedures. Applications requiring notice shall be noticed in accordance with the following provisions, unless otherwise more specifically provided for in these Land Development Regulations: (a) Advertisement. 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 noticed in a newspaper of general circulation. Applicant shall pay advertisement fee as applicable. (b) Mail Notice. 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 given by mail to the owners of record of land lying within 375 feet of property. Applicants shall submit all information and certifications necessary to meet this requirement, as determined by the department. Additionally, courtesy notice shall also be given to any state nonprofit community organization which has requested of the director in writing to be notified of board hearings. Applicant shall pay mailing fees as applicable. (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. The applicant shall pay posting fee as applicable. Similarly, the rehearing and appeal procedures are also scattered throughout the City Code, are difficult to find, and are inconsistent in listing the requirements for filing such an application. The proposed Rehearing and Appeal Procedures Ordinance has been organized as follows: Sec. 118-9— Rehearing and appeal procedures. (a) Rehearings (1) Decisions eligible for a rehearing (2) Eligible rehearing filing requirements A. Timeframe to file. B. Eligible parties C. Application requirements. D. Notice requirements. (3) Outside Counsel to the Planning Department. (4) Actions by the board. (5) Stay of work. (6) Tolling. (7) Rehearings due to Bert J. Harris Claim. (b) Administrative appeal procedures (1) Decisions eligible for administrative appeals (2) Eligible appeal filing requirements: Commission Memorandum Ordinance Amendments—Notifications, Rehearings and Appeals December 9, 2015 Page 4 of 5 A. Timeframe to file: B. Eligible parties C. Application requirements. D. Notice requirements. (3) Outside Council to the Planning Department. (4) Actions by the board. (5) Stay of work and proceedings on appeal. (6) Tolling. (c) Appeals of land use board applications. (1) Decisions ineligible for appeal except to circuit court (2) Decisions eligible for appeal (3) Eligible appeal filing requirements A. Timeframe to file. B. Eligible parties C. Application requirements: D. Notice requirements. (4) Action. (5) Stay of work and proceedings on appeal. (6) Tolling during all appeals. The substance of the regulations have not changed in the proposed ordinance, with the following noted exceptions: 1. Section 118-193. — Applications for conditional uses. Currently the timeframe to obtain a building permit for an adult congregate living facility is 12 months, and any the Planning Board may only approve an extension of time for up to three months. The Ordinance changes the timeframe to obtain a building permit to 18 months, and an additional 12 months for an extension of time, in order be consistent with all other conditional use applications. Also, an appeal of an extension of time for an ALF currently is required to go to the City Commission, and the proposed ordinance eliminates this provision; defaulting instead to the standard appeal procedures of a Planning Board application. 2. Section 118-537. — Rehearings and appeals. The proposed ordinance relocates this entire section into the newly incorporated Section 118-9. — Rehearing and appeal procedures. 3. To keep all appeals consistent as to timing, an appeal of an HPB administrative decision from 10 days to 15 days to be consistent with all other administrative appeals to the DRB. 4. Under the sections relating to hiring of outside counsel, language was added to include the ability to use another attorney from the City Attorney's office that would be independent from the attorney presiding over the Boards. PLANNING BOARD REVIEW On October 27, 2015, the Planning Board (vote 7-0) transmitted the attached proposals to the City Commission with a favorable recommendation (Planning Board File Nos. 2273 & 2276). The Planning Board also recommended the following: Commission Memorandum Ordinance Amendments—Notifications, Rehearings and Appeals December 9, 2015 Page 5 of 5 1. That the Rehearing and Appeal Procedures Ordinance be revised to include the following: a. Section 118-9 (a)(1) was revised to clarify that rehearing's are not available for land use board action without a final order, which addresses issues with bifurcated applications. b. Section 118-9(b)(5) was clarified so that the provision relating to Stay of Work and Proceedings on Appeal under this section is for an administrative appeal only. Section 118-9(b)(5)(C) was deleted. c. Section 118-9(c)(6), `Tolling', was moved to end of appeal of board orders, from administrative appeals. 2. That the Consolidation and Standardizing of Notification Procedures Ordinance be revised to include referring language in order to clearly reference the noticing requirements. 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 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 a negative fiscal impact upon the City. UPDATE/SUMMARY On October 14, 2015, the City Commission approved the subject ordinances at First Reading, and scheduled a Second Reading Public Hearing for December 9, 2015. The recommendations of the Planning Board have been incorporated into the text of the ordinance for second reading. Additionally, for ease of reference, section titles have been added in all cases where a code section number is provided. Double underlining denotes added language from the ordinances reviewed by the City Commission at First Reading. CONCLUSION The Administration recommends that the City Commission adopt the ordinances. JLM/SMT/TRM/MAB T:WGENDA\2015\December\PLANNING\Notifications Rehearings and Appeals-Second Reading MEM.docx • w m o_N -C N m T L Z_ > LOQ �.N � .T ? 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