Ordinance 2023-4534 Reform of Rehearing and Appeal Provisions
ORDINANCE NO.. 2023-4534
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION.OF THE CITY`OF
MIAMI BEACH, FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI
BEACH BY AMENDING CHAPTER 118 OF THE LAND DEVELOPMENT
'REGULATIONS, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," BY AMENDING ARTICLE I, ENTITLED"IN GENERAL,"BY
AMENDING. SECTION 118-9, ENTITLED "REHEARING AND APPEAL
PROCEDURES," TO AMEND AND CLARIFY THE CITY'S RULES OF
PROCEDURE RELATING TO REHEARINGS AND APPEALS DECISIONS
OF THE CITY'S LAND USE BOARDS, INCLUDING. TIMEFRAMES FOR
CONSIDERING REHEARINGS AND NOTICE REQUIREMENTS; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the Land Development Regulations authorize the Design Review Board
(DRB) to grant design review approval, and the Historic Preservation Board (HPB) to grant
certificates of appropriateness;,and
WHEREAS,quasi-judicial hearings on.individual DRB and HPB applications require public
notice to neighboring property owners; and Q
WHEREAS, the City'. Land Development. Regulations, at' Chapter 118, Article IV,.
establish,rules of procedure for rehearings and appeals Of decisions of the DRB and HPB and
WHEREAS, on July 20, 2022, the City Commission adopted Ordinance No. 2022-4502,
amending the City's rules of procedure".regarding;rehearings and appeals of land use board
decisions, including provisions governing the automatic"stay:pending appeal;,and
• WHEREAS, the City Commission now desires to adopt additional:amendments to the
City's rules of appellate procedure,to promote efficiency,safeguard,procedural'due process, and'
guard against abuse; 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 CITYCOMMISSION OF
THE CITY OF MIAMI:BEACH, FLORIDA:
SECTION 1.. Chapter 118 is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
* * .*
ARTICLE I. IN GENERAL
* * *
Sec. 118-9. Rehearing and appeal procedures.
The following requirements shall apply to all govern rehearings and appeals te-or-from of
decisions of the city's land use boards unless otherwise more specifically provided for in these
land development regulations, and applicable fees and costs shall be paid to the city as required
under section 118-7 and appendix A to the City Code. As used herein, "land use board" shall
mean the board of adjustment, design review board, historic preservation board and planning
board.
* * *
(a) Rehearings.
(1) The following types of land use board decisions are eligible for a rehearing arc as
fellows:
A. Historic preservation board. Historic preservation board order relating to the
issuance of a Any final order granting or denying a certificate of
appropriateness, certificate of appropriateness to dig, or certificate of
appropriateness for demolition. Petitions for rehearing under the Bert J.
Harris, Jr., Private Property Rights Protection Act, Fla. Stat. §70.001, et seq.,
rehearing is are separately addressed at subsection (a)(€)W, below.
B. Design review board.Any final order of the Design cReview bBoard final-order
relating to granting or denying design review approval, only.
C. Except as delineated above..-, Rrehearings are not available for any other
land use board action without a final order
D. There shall only be allowed one rehearing for each final order arising from an
application, although multiple persons may participate in or request the
rehearing. All petitions for rehearing of a particular land use board decision
shall be heard at the same duly-noticed hearing before the respective land
use board.
(2) Eligible A petition for rehearing applications shall be filed in accordance with the
process as outlined in subsections A through 13 F below:
A. Timeframe to file. A petition for rehearing shall be submitted to the planning
director on or before the 15th day after the rendition of the board order.
Rendition shall be the date upon which a signed written order is executed by
the board's clerk.
B. Eligible parties. Parties eligible to file an- ication petition for rehearing are
limited to:
(i) The original applicant(s);
(ii) The city manager on behalf of the city administration;
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(iii) An affected person, which for purposes of this subsection (a)(2)
shall mean either a person owning property within 375 feet of the
applicant's project reviewed by the board, or a person that appeared
before the board (directly or represented by counsel), and whose
appearance is confirmed in the record of the board's public
hearing(s)for such project;
(iv) Miami Design Preservation League;
(v) Dade Heritage Trust.
C. Application requirements. The petition to the board shall be in a writing that
contains all facts, law and argument, by or on behalf of an eligible party;_
D. Standard of review. and In order to grant a petition for rehearing, the
applicable land use board must find that the petition demonstrates the
following:
(i) Newly discovered evidence which is likely to be relevant to the
decision of the board, or
(ii) The board has overlooked or failed to consider something which
renderers the decision issued erroneous.
ID E. Notice requirements. All land u e hoard applications eligible to request for a
A petition for rehearing are shall be subject to the same noticing requirements
as an application for a public hearing, in accordance with section 118-8,
"Notice Procedures for Quasi Judicial Land Use Board Actions and for
Administrative Decisions Requiring Notice". The rehearing applicant
petitioner shall be responsible for all associated costs and fees.
€ F. Rehearing timeframe. Only one rehearing request per eligible party, and per
land use board order, shall be permitted. Each petition for rehearing shall be
heard at the next scheduled meeting of the applicable land use board, subject
to the notice requirements in subsection (a)(2)(E), and shall be acted on by
the board at such meeting, unless a lack of quorum, cancellation of a meeting,
or length of the agenda requires the rehearing to be continued, or unless the
board, at its discretion, continues the rehearing to a later date. No more than
one continuance may be requested by each party. In no event shall a
rehearing be continued by the board for more than 60 days.
(3) Outside counsel to the planning department. 411414e-event-ef-a-reheacing-te-the
applicablc land use board For petitions for rehearing filed pursuant to the
requirements of this section, the planning director may engage the services of an
attorney, or utilize a separate, independent, attorney from the city attorney's office,
for the purpose of representing the planning staff director
during the rehearing.
(4) Actions by the—applicable land use board on a petition for rehearing. After the
rehearing request petition is heard, the applicable land use board may take any of
the actions outlined in subsections (i)through (v) below:
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•
(i) Grant or deny the petition for rehearing Rehear or not rch0ar a case,
(ii) If the decision is to rehear the application, the board may take additional
testimony,
(iii) Reaffirm theif the board's previous decision,
(iv) Issue a new decision, and/or
(v) Reverse or modify the previous decision.
(5) Stay of work. A petition for rehearing application to the an applicable land use
board stays all work on the premises and all proceedings in furtherance of the
board action until (i) the petition for rehearing is denied by the board, or (ii) the
petition for rehearing is granted and the board reaffirms or modifies an approval,
or issues a new approval.;#However, nothing herein shall prevent the issuance of
building permits or partial building permits necessary to prevent imminent peril to
life, health or property, as determined by the building official.
(6) Tolling. See The tolling provisions under in (c)(6) shall apply during the pendency
of a petition for rehearing.
(c) Appeals of land use board decisions.
* * *
(3) Eligible appeals of the design review board or historic preservation board shall be
filed in accordance with the process as outlined in subsections A through g E
below:
* * *
A. Timeframe to file.A petition for an appeal for review of an order of the Historic
Preservation Board or Design Review Board shall be submitted-to filed with
the city clerk on or before the 20th day after the rendition of the board order.
The date of Rrendition of an order shall be the date upon which a signed
written the order is executed by the board's clerk to the applicable board.
B. Eligible parties. Eligible parties to file a petition
under this subsection (c) are limited to the following:
(i) The Original applicant for the subject Historic Preservation Board or
Design Review Board approval;
(ii) The city manager on behalf of the city administration;
(iii) An affected person, which for purposes of this subsection shall
mean either a person owning property within 375 feet of the
applicant's project reviewed by the board, or a person that appeared
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before the board (directly or represented by counsel) and whose
appearance is confirmed in the record of the board's public
hearins\for s„ch project;
,
(iv) Miami Design Preservation League;
(v) Dade Heritage Trust.
C. Application requirements
(i) The appeal petition shall be in writing, and shall include all record
evidence, facts, law and arguments necessary for in support of the
appeal petition (this ppellate rincum t shall be c .
a�cc-vvvvrrreRi-vriun--vc� ,
and
(ii) Shall include be accompanied by all applicable fees, as provided in
appendix A; and
(iii) Shall be filed by or on behalf of a named appellant(s); and
(iv) Shall state the factual bases and legal argument in support of the
appeal; and
(v) Sufficient copies of the entire record before the board, including Aa
full verbatim transcript of all proceedings which are the subject of
the appeal,shall be provided by the party filing the petitioner, along
with a written statement identifying those specific portions of the
transcript upon which the party filing it will rely for purposes of the
appeal. The verbatim transcript and written statement shall be filed
no later than two weeks prior to the first scheduled public hearing to
consider the appeal. Sufficient copies of the record before the board
shall be filed on or before the same date as the petition is due.
D. Notice requirements. All applications for an Oral argument on an appeal of the
design review board or historic preservation board shall require a ten (10)day
published notice either in a newspaper of general circulation or on the City's
website. are subject to the same noticing requirements as an application for a
p, blic h7 ' ce withsection 1 1 S2_Q, "Notice Proced,Tres for
Quasi Judicial Land Use Board Actions and for Administrative Decisions
Requifing-Nctice4,The appeal-applicant petitioner shall be responsible for all
associated costs and fees.
E. Deadlines. Oral argument for a design review board or historic preservation
board appeal shall take place within 90 days of the date the appeal is filed,
unless a lack of quorum of the city commission, or the availability of the
special magistrate, requires the oral argument to be continued to a later date.
(i)Answer brief. The respondent may serve an answer brief within 30 days of
the City's written acceptance of the petition.
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(ii) Reply brief. The petitioner may serve a reply brief within 15 days of the
filing of the answer brief.
(iii) Oral argument. Oral argument shall occur within 90 days of the City's
acceptance of the petition, except that oral argument may be continued to
a future date due to lack of quorum of the City Commission or the
unavailability of the special magistrate.
(iv) Decision. A decision of the city commission or special magistrate shall be
rendered within 120 days of the date the appeal is filed.
These deadlines may be modified by consent of the parties to the appeal.
* * *
(5) Stay of work and proceedings on appeal. An appeal of a land use board order stays
all work on the premises and all proceedings in furtherance of the action appealed
from, unless one of the exceptions below applies:
(i) Imminent peril to life or property. A stay would cause imminent peril to life or
property. In such a case, proceedings or work shall not be stayed except by
a restraining order, which may be granted by the board or by a court of
competent jurisdiction, upon application for good cause shown;
(ii) Specified appeals from the Planning Board. As applicable only to an appeal
arising from the planning board's approval of a conditional use permit, the city
may accept, for review purposes only, a building permit application during a
pending appeal in circuit court. The applicant shall be required to pay all
building permit fees, which fees shall be nonrefundable. Despite the
foregoing, no building permit shall issue while the circuit court appeal is
pending. Should the decision on the circuit court appeal (petition for certiorari)
decision be rendered in favor of the conditional use permit applicant, the
applicant may proceed with construction and operations, excluding
entertainment operations, pending any further appeals to the Third District
Court of Appeal or other appellate proceedings, so long as the following
conditions are met:
a. The building permit may issue and shall remain active until the final
resolution of all administrative and court proceedings;
b. No final certificate of occupancy (CO) or certificate of completion (CC)
shall be issued, and no entertainment operations or entertainment
business shall commence or take place, until the final resolution of all
administrative and court proceedings;
c. The conditional use permit was appealed by a party other than (i) the
city, or (ii) an applicant appealing a denial of a conditional use permit
application;
d. The property subject to the conditional use permit is located within (i) a
commercial district, and (ii) a historic district;
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e. The scope of the conditional use permit is limited to modifications to an
existing structure;
f. The applicant shall prior to the issuance of the building permit, either: (i)
place funds in escrow, or(ii)obtain a bond, either of which must be in an
amount that is at least equal to or greater than 100 percent of the value
of the work proposed under the building permit;
g. The applicant is not seeking the demolition of any portion of a
contributing structure; and
h. In the event that the conditional use permit is reversed on appeal, the
applicant must immediately amend or abandon the building permit or
building permit application without any liability to the city, and a CC or
CO shall not be issued. Additionally, no BTR for entertainment shall
issue.
In order for a building permit to issue pursuant to this subsection (c)(5)(ii),
pending any further appeals to the Third District Court of Appeal or other
appellate proceedings, the applicant shall be required to comply with all of the
conditions in subsections (c)(5)(ii) a. through h., as well as all conditions of
the conditional use permit. The applicant shall also be required to execute a
written agreement (in a form acceptable to the city attorney) holding the city
harmless and indemnifying the city from any liability or loss resulting from the
underlying appellate or administrative proceedings, any civil actions relating
to the application of this subsection (c)(5)(ii), and any proceedings resulting
from the issuance of a building permit, and the non-issuance of a TCO, TCC,
CC, CO or BTR for the property. Such written agreement shall also bind the
applicant to all requirements of the conditional use permit, including all
enforcement, modification. and revocation provisions; except that the
applicant shall be ineligible to apply for any modifications to the conditional
use permit or any other land use board order impacting the property, until the
final resolution of all administrative and court proceedings as certified by the
city attorney. Additionally, the applicant must agree that in the event that the
conditional use permit is reversed, the applicant shall be required to restore
the property to its original condition. The city may utilize the bond to ensure
compliance with the foregoing provisions.
(iii) Other appeals from land use board decisions. Except for appeals arising from
the planning board's approval of a conditional use permit,which are governed
by subsection(ii)above, the appeal of any land use board order for a property
located outside the RS-1, RS-2, RS-3, or RS-4 single-family zoning districts,
if timely and properly filed subject to the requirements of this section or the
Florida Rules of Appellate Procedure (as applicable), shall stay all work on
the premises andcall proceedings in furtherance of the action appealed from,,
at a minimum,for a--period-of either 120 days from the date the appeal is filed
or until such time as the applicant obtains a favorable ruling by the body or
court with jurisdiction at the first level of appeal (whether the special
magistrate, for appeals from the historic preservation board; the city
commission, for appeals from the design review board; or the circuit court, for
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appeals of decisions on variances and appeals from other land use boards),
whichever occurs first. Notwithstanding the foregoing, and only as applicable
to appeals before the city commission or special magistrate, in the event that
a decision is not rendered within 120 days due to a lack of quorum of the city
commission or the unavailability of the special magistrate, the stay shall
remain in place, at a minimum, until such time as the appeal is ruled on by
the city commission or special magistrate. The provisions of this paragraph
shall not be applicable to appeals filed by the city manager or the applicant
for the land use board approval. In order to lift the automatic stay once the
initial 120-day period has elapsed, or upon a favorable ruling by the body or
court with jurisdiction at the first level of appeal,whichever is applicable,
this subsection (c)(5)(iii), an applicant shall first be required to satisfy the
following requirements:
a. The applicant shall execute a written agreement (in a form acceptable to
the city attorney) to hold harmless and indemnify the city from any claim,
liability, or loss resulting from the approval of the application, the
underlying appellate proceedings, the application of this subsection
(c)(5)(iii), the issuance of a building permit, and/or the non-issuance of a
final certificate of completion (CC) or a final certificate of occupancy(CO)
for the property.
b. The written agreement shall bind the applicant to all requirements of the
conditions of the applicable order of the respective land use board,
including all enforcement, modification. and revocation provisions; except
that the applicant shall be ineligible to apply for any modifications to the
board order that are subject to the appeal, until the final resolution of all
administrative and court proceedings as certified by the city attorney.
Notwithstanding the foregoing, an applicant shall be eligible to apply for
modifications that, as determined by the planning director and the city
attorney, (i) are minor, (ii) do not affect the portions of the project that are
challenged in the appeal, or(iii) are necessary to effectuate a settlement.
c. The applicant shall agree that in the event that the decision of the board
is reversed, the applicant shall be required to restore the property to its
previous condition, except that portions of the project that are not affected •
by the final order or resolution on the appeal, as determined by the
planning director and city attorney, may remain, unless subsequent
modifications are approved by the respective land use board.
d. No final certificate of occupancy (CO) or final certificate of completion
(CC), shall be issued until the final resolution of the appeal (including all
judicial proceedings), as determined by the city attorney.
(6) Tolling during all appeals. Notwithstanding the provisions of subsections 118-
193(2), "Applications for conditional uses," 118-258(c), "Building permit
application," 118-532(c), "Proceedings before the historic preservation board," or
118-564(11), "Decisions on certificates of appropriateness," in the event the original
decision (board order) of the applicable board, is timely appealed, the applicant
shall have 18 months, or such lesser time as may be specified by the board, from
the date of final resolution of all administrative and/or court proceedings to obtain a
full building permit, a certificate of occupancy, a certificate of use or a certificate of
8
completion, whichever occurs first. This tolling provision shall only be applicable to
the original approval of the board and shall not apply to any subsequent requests
for revisions or requests for extensions of time.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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 re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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 effect ten days following adoption.
PASSED and ADOPTED this / day of Feb ma 7 , 20
Dan Gelber, Mayor
ATTEST:
FEB U 9 2071 APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Clerk "2-3
City Attorney Date
First Reading: December 14, 2022
Second Reading: February 1, 023 � cy
':IK[ORP OAAiED
Verified By: '�,, �_'=
Thomas R. Mooney, A CP '��"� c• 6 '��-
H2
Planning Director
T:\Agenda\2023\1 -February 2023\Planning\Reform and Updating of Rehearing and Appeal Provisions-Second Reading ORD-
ADOPTED.docx
9
Ordinances-R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: February 1,2023
10:10 a.m. Second Reading Public Hearing
SUBJECT: REFORM OF REHEARING AND APPEAL PROVISIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH BY AMENDING CHAPTER 118 OF THE LAND
DEVELOPMENT REGULATIONS, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BYAMENDING SECTION 118-9, ENTITLED "REHEARING AND
APPEAL PROCEDURES," TO AMEND AND CLARIFY THE CITY'S RULES
OF PROCEDURE RELATING TO REHEARINGS AND APPEALS OF
DECISIONS OF THE CITY'S LAND USE BOARDS, INCLUDING
TIMEFRAMES FOR CONSIDERING REHEARINGS AND NOTICE
REQUIREMENTS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
HISTORY
On May 4, 2022, the City Commission referred the subject Ordinance to the Land Use and
Sustainability Committee (LUSC) and the Planning Board (C4Y). The sponsor of the proposal
is Mayor Dan Gelber.
On June 6, 2022, the LUSC discussed a comprehensive draft Ordinance prepared by the
Administration. The LUSC recommended that the Planning Board transmit a more limited
version of the Ordinance to the City Commission with a favorable recommendation. The
remaining portions of the proposed Ordinance regarding broader reforms was continued to the
September28, 2022, LUSC meeting.
On June 21, 2022, the Planning Board transmitted the limited version of the Ordinance to the
City Commission with a favorable recommendation. The Ordinance transmitted by the Planning
Board was adopted by the City Commission on July 20, 2022.
On September 28, 2022, the LUSC recommended that the attached Ordinance be moved to
Page 894 of 1420
the Planning Board for review, with an additional recommendation for option 1 regarding notice
provisions, providing for a 10-day published notice requirement for appeals.
BACKGROUND,
Section 118-9 of the City's Land Development Regulations regulates the re-hearing and appeal
process for all land use boards, including stays of work on the premises. The item sponsor
requested that the Administration and the City Attorneys Office provide recommendations to the
LUSC regarding amendments to Section 118-9, in order to reform provisions governing the
automatic stay pending appeal, as well as related amendments to the City's rules of appellate
procedure, to promote efficiency and safeguard due process.
ANALYSIS
PLANNING ANALYSIS
Currently, an automatic stay provision exists for all rehearing requests and appeals of Design
Review Board (DRB) and Historic Preservation Board (HPB) decisions, including appeals to
circuit and appellate courts. The reason this automatic stay provision was originally drafted so
broadly is to ensure that buildings are not demolished, constructed or altered unless and until
the appellate process has been exhausted. The intent of the proposed Ordinance is to reform
the rehearing and appeal process related to land use boards, and better address those appeals
filed to delay a project or result in the project not moving forward.
The Ordinance adopted by the City Commission on July 20, 2022 consisted of more limited
modifications to Sec. 118-9 of the LDR's, as recommended by the LUSC, pertaining to the
automatic stay provision for appeals. The original proposed Ordinance presented to the LUSC
on June 6, 2022, contained a broader set of amendments, which were intended to substantially
reform the rehearing and appeal process related to land use boards, and better address those
appeals filed to delay a project or result in the project not moving forward. In addition to these
substantive reforms, a number of non-substantive adjustments and updates were contained in
the proposed draft Ordinance.
The following is a summary of the key provisions of the broader reform amendments proposed,
which were recommended by the LUSC on September 28, 2022:
•
Rehearing timeframe
A timeframe for rehearing's is proposed, and contains the following new provisions:
• Only one rehearing request, per eligible party, and per development order, will be permitted.
• The rehearing must take place at the next available meeting of the applicable land use board
and shall be acted on by the board at that meeting; exceptions to this would be a lack of quorum.
• The failure of the applicable land use board to act upon the rehearing at the next available land
use board meeting would render the request denied unless all affected parties agree to a
continuance of the rehearing.
These revisions do not impede the ability of an applicant or an affected person to avail
themselves of the rehearing process. They simply expedite the process, so that it cannot be
used to create undue delays.
Notice requirements
The notice requirements for appeals of DRB and HPB decisions are proposed to be modified
from the current 30-day notice (including posting, published and mail notice) to a ten (10) day
Page 895 of 1420
published notice either in a newspaper of general circulation or on the City's website. The
appeal applicant petitioner would still be responsible for all associated costs and fees.
This is recommended since the appeal hearing for DRB and HPB decisions is based solely on
the record of the proceedings and is not a public hearing. The current notice requirements are
excessive and add to undue delays in the appeal process; by streamlining the notice
requirements, appeals of DRB and HPB matters will be able to be considered more quickly.
Updates and Clarifications
A number of non-substantive updates and clarifications, pertaining to appellate rules and
procedures,as well as board procedures, are proposed.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on October 25, 2022 and transmitted the Ordinance
to the City Commission with a favorable recommendation(5-0).
SUMMARY
The attached draft Ordinance contains the limited amendments adopted by the City
Commission on July 20, 2022. The additional reform measures proposed by the Administration
are denoted in underscore.
Additionally, after the Ordinance was transmitted by the Planning Board on October 25, 2022, the
City Attorney identified a concern with the following proposed provision in 118-9(a):
The failure of the applicable land use board to act upon the rehearing at the next available land use
board meeting would render the request denied unless all affected parties agree to a continuance
of the rehearing.
As drafted, this provision would automatically deem a petition for re-hearing denied if the applicable
board, for any reason, fails to act upon the request at the first available meeting. In order to address
this concern,the following non-substantive modification is proposed:
A duly noticed rehearing may only be continued to a future meeting on the basis of a lack of quorum
or cancellation of a meeting.
The revised text noted above is included in the attached draft Ordinance for First Reading and is
denoted by double underscore.
As noted previously, The Administration and the City Attorney's Office believe that the proposal
herein,as well as the Ordinance adopted on July 20, 2022, represent an objective and balanced
approach to ensuring a just appellate process, while not causing undue delays for project
applicants. Should an appellant or an affected party desire to extend the stay beyond first tier
review (City Commission or Historic Preservation Special. Magistrate) a separate action can
always be filed in circuit or appellate court. Ultimately, the risk involved in proceeding with
permitting and construction of a development project would be borne by the project applicant,
who can best evaluate the potential risks associated with proceeding prior to the conclusion of
all appeals.
UPDATE
The subject Ordinance was approved at First Reading on December 14, 2022, with no
changes.
Page 896 of 1420
SUPPORTING SURVEY DATA
Improve Development Review Process
FINANCIAL INFORMATION
•
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
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
Mayor Dan Gelber
ATTACHMENTS:
Description
o Ordinance
o Amendment proposed by Commissioner Richardson
Page 897 of 1420
R5 C: Proposed Amendment by Commissioner Richardson Feb. 1, 2023
Sec. 118-9. Rehearing and appeal procedures.
F. Rehearing timeframe. Only one rehearing request per eligible party, and per land use
board order, shall be permitted. Each petition for rehearing shall be heard at the next scheduled
meeting of the applicable land use board, subject to the notice requirements in subsection
(a)(2)(E), and shall be acted on by the board at such meeting, unless a lack of quorum,
cancellation of a meeting,, or length of the agenda requires the rehearing_to be continued, pr
unless the board. at its discretion. continues the rehearing to a later date. No more than one
continuance may be requested by each party. In no event shall a rehearing be continued by the
board for more than 60 days.
•
meet
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