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R5H-Amend Administrative-Review Procedures - Notification Of Hearings -Wolfson-COMMISSION ITEM SUMMARY Condensed Title: Amendment to the noticing requirements for public hearings conducted by the City's four Land Use Boards (Planning Board, Board of Adjustment, Design Review Board, and Historic Preservation Board. Key Intended Outcome Supported: Maintain strong growth management policies; Protect historic building stock Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission adopt an Ordinance Amendment that would require re-noticing of Land Use Board public hearings that were continued, after the first continuance? Item SummaryjRecommendation: FIRST READING: The Administration recommends that the City Commission approve the proposed Ordinance on first reading and set a second reading public hearing for February 8, 2012. Advisory Board Recommendation: On April 21, 2011, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. At the Planning Board meeting of September 20, 2011 the ordinance was reviewed and by a vote of 4- 3, the Board recommended that the City Commission not adopt the ordinance. The reasons cited were that the Board believed the ordinance was burdensome and costly and it would add unnecessary expense to an applicant. Financial Information: Source of Amount Account Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The subject ordinance is not expected to have any fiscal impact. Clerk's Office Le islative Trackin MIAMI BEACH 289 Approved City Manager AGENDA ITEM R~ H DATE 1-\1-12.. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager(\ fi-T~ January 11, 2012 J U FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, 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;" ARTICLE X, "HISTORIC PRESERVATION;" AND ARTICLE XI "NEIGHBORHOOD CONSERVATION DISTRICTS (NCO) ;" TO CLARIFY THAT CONTINUANCES SHALL BE NOTICED BY MAIL AFTER THE FIRST CONTINUANCE GRANTED BY A LAND USE BOARD; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed Ordinance on first reading and set a second reading public hearing for February 8, 2012. BACKGROUND A discussion of the notice requirements for all Land Use Boards, (specifically, the requirement to send follow-up notices to residents after an initial meeting), was referred to the Land Use and Development Committee by the City Commission on January 19, 2011, at the request of Commissioner Wolfson. This referral was made due to concerns that when land use board hearings are repeatedly deferred or continued, and when they finally occur, the public is unaware of the hearing and final outcome. Land use boards will often direct additional noticing by mail to be undertaken when an item is continued repeatedly. However, typically, when an item is opened and continued to a date certain, it is not re-noticed. The Committee discussed an amendment allowing one continuance without re-noticing, and then after that requiring full notice for any additional continuances. Staff also discussed the costs associated with additional newspaper advertising, citing an extra ad every month may be required. On April 21, 2011, the LUDC requested through a motion made by Commissioner Gongora and seconded by Commissioner Exposito (approved by a 3-0 vote), that an 290 January 11, 2012 Commission Memorandum Ordinance -Noticing Requirements for Continuances Page 2of 3 ordinance be prepared and forwarded to the Planning Board for review and comment wherein one continuance may be permitted without mail notice, but further requests for continuance shall be fully noticed by mail. The Committee also requested that any alternatives recommended by the Board should be presented to the Land Use Committee prior to Commission. ANALYSIS The City Code requires notice to be given of public hearings for the City's four Land Use Boards. These notice requirements were recently amended to extend them from 15 days to 30 days (see attached ordinance). Public hearings are noticed by newspaper and mailed notice to surrounding property owners within 375 feet of the subject property. However, as many things may come up at the public hearing, sometimes a Board will continue a matter for one or more months. Generally, these subsequent hearings are not the subject of Code required legal notice, as they were notified of the initial hearing and could presumably follow the progress of subsequent continuances or deferrals. Planning Department staff has in the past generally advertised the continued items along with new public hearings in the monthly newspaper notice. Mailed notices have also been sent out in some cases as a courtesy notice, but not to fulfill legal requirements. However, now that the required legal notice has been extended to 30 days, staff is required to advertise the following month's hearing prior to the current month's hearing taking place, precluding the ability to include in the notice any items that were continued. This is a result of the new 30 day notice. The 30-day notice requirement for all land use board applications has broadened the timeframe for noticing upcoming public hearings, thereby increasing community awareness and the ability to respond to potential concerns. However, this longer timeframe for board applications has the potential to become burdensome to applicants with special hardships. For instance, if a building permit plan review finds that a minor variance is necessary for approval, the ability to obtain such a variance quickly has been reduced. One approach, which was referred by Commissioner Tobin and will be the subject of a future discussion, might be to reduce the notice requirement for a selected list of variances, perhaps limited to single family homeowners, which might include minor variances for things such as swimming pools and decks, air conditioning units and generators, or small additions, while still requiring the full thirty (30) day notice for major projects. The goal would be to find the proper balance between enhancing adjacent property owner and/or neighborhood notification on the one hand, and improving efficiency and streamlining governmental procedures on the other. Staff is working on a list of minor variances for which the required notice could potentially be reduced, as per a previous committee referral. Another alternative put forward by staff to the LUDC was that if re-noticing was desired in all cases, the minimum notice period that would permit enough time for continued cases to be advertised in the newspaper for the following month's hearing was 291 January 11, 2012 Commission Memorandum Ordinance -Noticing Requirements for Continuances Page 3of 3 determined to be twenty-one days. However, the LUDC discussed and rejected this concept in favor of the subject ordinance. PLANNING BOARD ACTION A proposed ordinance had been presented to the Planning Board at its July 2011 meeting where several issues were raised, i.e. • Board requests supplemental information or more research; • Less than a quorum or less than a supermajority number of board members are present, or the exact minimum number of members required for approval are present (typically called a short board); • Request precedes the opening of the item; • Affected party requests continuance; or • Applicant requests a continuance. The ordinance was revised, but only with language clarifying that the agenda items that the board cannot consider due to the absence of a quorum should be automatically continued to the board's next regular meeting without further required notice. At the Planning Board meeting of September 20, 2011 the ordinance was reviewed again and by a vote of 4-3, the Board recommended that the City Commission not adopt the ordinance. Several reasons were cited, among them stating that the ordinance was burdensome and costly and it would add unnecessary expense to an applicant. FISCAL IMPACT The proposed ordinance is not expected to have a fiscal impact upon the City. CONCLUSION The Administration recommends that the City Commission approve the proposed Ordinance on first reading and set a second reading public hearing for February 8, 2012. JMG/JGG/RGLfTRM T:\AGENDA\2012\1-11-12\Noticing Requirements for Continuances MEMO.docx 292 "CONTINUANCES BY LAND USE BOARDS" ORDINANCE NO. ______ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, 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;" ARTICLE X, "HISTORIC PRESERVATION;" AND ARTICLE XI "NEIGHBORHOOD CONSERVATION DISTRICTS (NCO);" TO CLARIFY THAT CONTINUANCES SHALL BE NOTICED BY MAIL AFTER THE FIRST CONTINUANCE GRANTED BY A LAND USE BOARD; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the TRAC Committee recommendations 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 notice for all four land use boards from 15 days to 30 days minimum; and WHEREAS, the City Commission adopted an ordinance requiring 30 days mailed notice on December 8, 2010, Ordinance No. 2010-3711; and WHEREAS, the Land Use and Development Committee believes that any continued item before any of the land use boards, either at a board or an applicant request should also be noticed by mail; 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. That 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: 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, 1 of7 293 (ii) 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. 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. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 days prior to the public hearing date. in accordance with the provisions of (i) through {iii) above. The mail notification requirement shall be the responsibility of the applicant. . Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice. Section 2. That 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. * * * Applications 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. Within a reasonable time, but in no instance less than 30 days after receipt of a completed application, the board shall hold a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. 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: ill posted on the property, .illl 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. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 days prior to the public hearing date. in accordance with the provisions of (i) through {iii) above. The mail notification requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice 2 of7 294 Section 3. That Chapter 118, "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) 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 property. The mail notification requirement shall be the responsibility of the applicant. 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. * * * Sec. 118-257. Deferrals, continuances, and withdrawals. (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, with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 days prior to the public hearing date. in accordance with the provisions of (i) through (iii) above. The mail notification requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice. Section 4. That 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" 3 of7 295 * * * 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. 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: (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 lying within 375 feet of the property. The mail notification requirement shall be the responsibility of the applicant. The board may continue an application to a date certain at either the request of the applicant or at its own discretion, with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 days prior to the public hearing date. in accordance with the provisions of (i) through (iii) above. The mail notification requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice * * * Division 4. Designation Sec. 118-591. Historic designation procedure. * * * (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 4-a 30 days in advance of the hearing. This notification requirement shall be the responsibility of the applicant. 4 of7 296 (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 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. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 days prior to the public hearing date. in accordance with the provisions of (i) through (iii) above. The mail notification requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice. Section 5. That Chapter 118, "Administration and Review Procedures," Article XI. "Neighborhood Conservation Districts (NCO)" is hereby amended as follows: Sec. 118-705. Procedures for adoption of specific NCO 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 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 30 days prior to the meeting. 5 of7 297 The board may continue an application to a date certain at either the request of the applicant or at its own discretion. with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 days prior to the public hearing date. in accordance with the provisions of (i) through (iii) above. The mail notification requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice Section 6. Repealer. 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 __ day of---------' 2011. ATTEST: CITY CLERK 6 of7 298 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date First Reading: Second Reading: Verified by:--------- Richard G. Lorber, AICP Acting Planning Director Underscore denotes new language. Strikethrough denotes deleted language. Bold indicates new language since PB July 2011 meeting. F:\A TTO\HELG\Ordinances\Notice of Public Hearings\2015 -Ordinance re continuances rev 9-14-20ll.doc 7 of7 299 THIS PAGE INTENTIONALLY LEFT BLANK 300