Resolution 2021-31850RESOLUTION NO. 2021-31850
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
ADMINISTRATION TO NOTIFY ALL REGISTERED
NEIGHBORHOOD AND HOMEOWNER ASSOCIATIONS OF THE
PROCESS TO REGISTER FOR COURTESY NOTICES OF LAND
USE BOARD APPLICATIONS AND AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS FOR SPECIFIC AREAS
OF THE CITY, AND PROVIDE A REPORT TO THE CITY
COMMISSION, AFTER A PERIOD OF SIX (6) MONTHS,
REGARDING THE IMPLEMENTATION OF THIS RESOLUTION.
WHEREAS, on June 23, 2021, the City Commission, at the request of Commissioner
Mark Samuelian, referred a discussion item pertaining to a request by Miami Beach United for
additional neighborhood notice for development proposals and Land Development Regulation
(LDR) amendments to the Land Use and Sustainability Committee (LUSC); and
WHEREAS, on July 12, 2021, the LUSC discussed the proposal and recommended the
City Commission refer a modified Ordinance to the Planning Board to codify a process for all
registered neighborhood and homeowner associations to be notified, via e-mail, of future LDR
amendments and Land Use Board applications; and
WHEREAS, a hybrid approach to the proposal is recommended at this time that would
allow the City Administration to study ways to further enhance the way notice is provided for
Land Use Board applications and LDR amendments to registered neighborhood and homeowner
associations through the Residents' Right to Know portal; and
WHEREAS, the City Administration will provide a report to the City Commission after six
(6) months regarding the effectiveness of this strategy.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
direct the City Administration to:
1. Notify all registered neighborhood and homeowner associations of the process to register
for courtesy notices of land, use board applications and amendments to the Land
Development Regulations (LDRs) for specific areas of the City, through the City's
Residents' Right to Know portal.
2. Study ways to further enhance the manner notice of Land Use Board applications and
LDR amendments is provided to registered neighborhood associations through the
Residents' Right to Know portal.
3. Provide a report to the City Commission after six (6) months following adoption of this
Resolution, regarding the implementation of this strategy.
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PASSED AND ADOPTED this /7 day of SQ 6*her , 2021.
ATTEST:
SEP 12 2021 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
INCORP; ORATED
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
DL
-f)2ECityAttorney Date
T:\Agenda\2021\11_September 17\Planning\Courtesy Notice to Neighborhood Associations - RESO.docx
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Resolutions - C7 S
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 17, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION
TO NOTIFY ALL REGISTERED NEIGHBORHOOD AND HOMEOWNER
ASSOCIATIONS OF THE PROCESS TO REGISTER FOR COURTESY
NOTICES OF LAND USE BOARD APPLICATIONS AND AMENDMENTS TO
THE LAND DEVELOPMENT REGULATIONS FOR SPECIFIC AREAS OF
THE CITY, AND PROVIDE A REPORT TO THE CITY COMMISSION, AFTER
A PERIOD OF SIX (6) MONTHS, REGARDING THE IMPLEMENTATION OF
THIS RESOLUTION.
RECOMMENDATION
The Administration recommends that the City Commission adopt the attached Resolution.
BACKGROUND/HISTORY
On June 23, 2021, at the request of Commissioner Mark Samuelian, the City Commission
referred a discussion item pertaining to a request by Miami Beach United for additional
neighborhood notice for development proposals and LDR changes to the Land Use and
Sustainability Committee (C4 E). On July 12, 2021 the LUSC discussed the proposal and
recommended the following:
1. The Administration refine the Ordinance pursuant to the discussion and direction of the
LUSC and in consultation with MBU.
2. The City Commission refer the modified Ordinance to the Planning Board at the September
17, 2021 City Commission meeting, in accordance with the following:
a. All registered Neighborhood and Homeowner Associations would be included.
b. The notice shall be via e-mail and shall consist of a courtesy notice, not a required notice.
c. All land use board applications shall be included.
ANALYSIS
BACKGROUND
Chapters 118, Article I I I of the Land Development Regulations (LDR's) of the City Code sets
forth the process and minimum notice requirements for amendments to the LDR's. In addition
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to a noticed hearing before the Planning Board, 2 separate hearings are also required before
the City Commission. This is in addition to review by the applicable Commission Committees.
In addition to the notice requirements set forth in Chapter 118, Article III of the LDR's,
residents can receive targeted notices for any board, committee, or subject matter, through the
constant contact portal on the City's website. The following is the link to enroll:
hitps.-Aap-ps,miamibeachfl gov/residentconnect
By enrolling, residents can receive both targeted notices, as well as notifications based upon
keywords on any City meeting agenda.
The minimum notice requirements for all land use boards are set forth in Chapter 118 as well.
These minimum notice requirements, which are 30 days in most instances, include site posting,
published notice and mail notice for each application and include a minimum mail notice radius
of 375 feet.
ANALYSIS
The Administration believes that a very robust public notice and review process currently exists
for LDR amendments and development review applications. Additionally, when combined with
the constant contact noticing options, full public notification is currently available.
In discussion with the item sponsor, a hybrid approach to this proposal is recommended at this
time. In this regard, the attached Resolution directs the Administration to study ways to enhance
the way notice is provided for all Land Use Board applications and LDR amendments to all
registered neighborhood associations through the residents right to know portal. Specifically, the
following is noted:
1. The Administration will advise each registered association of the ability to opt into Land Use
Board and Code Amendment notice portals, by area.
2. The Administration will study ways to further enhance the way notice is provided for all Land
Use Board applications and LDR amendments to all registered neighborhood associations
through the residents right to know portal.
3. If complications arise, the City Commission can easily provide direction to the Administration
to address any issues.
4. The Administration will provide a report to the City Commission in approximately six (6)
months regarding the effectiveness of this strategy.
After a six month look back, the City Commission can decide whether to move forward with an
amendment to the LDR's to codify an enhanced notice process, if necessary. Although MBU
had suggested a minimum 60 day notice, that would be difficult for Land Use Board
applications, as the lead time for submittals would increase significantly. Also, as it pertains to
LDR amendments, a mandatory 60 day notice would impact the ability of the City Commission
to refer code amendments on an expedited basis.
SUPPORTING SURVEY DATA
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Improve Neighborhood and Resident Outreach
CONCLUSION
The Administration recommends that the City Commission adopt the attached Resolution.
Applicable Area
Citywide
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
Yes
Legislative Tracking
Planning
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
❑ Resolution
Does this item utilize G.O.
Bond Funds?
No
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