C4F-Joint Ref- LUDC-PB - Modify Notice Procedures For Quasi-Judicial ApplicationTO:
FROM:
DATE:
SUBJEGT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE GITY COMMISSION
JIMMY MORALES, CITY MANAGER
RAUL J. AGUILA, CIry ATTORNEY
coMMrsstoNER DEEDE wErrHoRN q^OA( ,il\
June 10,2015
JOINT REFERRAL TO LAND USE AND DEVELOPMENT COMMITTEE AND
PLANNING BOARD OF A MODIFICATION TO THE NOTICE PROCEDURES FOR
QUASI.JUDIGIAL APPLICATIONS BEFORE HISTORIC PRESERVATION BOARD,
BOARD OF ADJUSTMENT, PLANNING BOARD, AND DESIGN REVIEW BOARD.
Background:
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 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.
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.
ln 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 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.
Additionally, I would like to make sure that the posting of any property subject to a quasi-judicial
proceeding for a land use application require that the posting be clearly placed facing the public right
away, without any obstructions. ln other words, the property owner cannot move the notice and
therefore ensure that there are no gates hindering the view of the notice, no trees covering the
notice, and clear language provided so that the community can be made easily aware of the request
and hearing date. There may also be a penalty provision relating to improper relocation of the notice.
To facilitate understanding of the various notice provisions, below is the citation of authority for the
various boards. Please note that the notice provision is often buried in a larger ordinance and is not
easily identifiable in the Code.
Aqenda ftem C? F
Date b-lo-t{.45
Referral to Land Use Committee and Planning Board
Revisions to Land Use Board Notice Requirements
June 10,2015
Page 2 of3
Relevant Notice Sections in the Code:
Design Review Board notice requirement is found at Section 118-254(b) and provides:
Section 118-524 (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. The
board shall approve, approve with conditions or deny applications.
Historic Preservation Board notice requirement is found at Section 118-534(b), as it relates to
revisions to the historic properties database; and Section 1 18-534(c), for Certificate of
Appropriateness hearings:
Section 118-534 (b): Except as elsewhere provided in these land development regulations, the
historic properties database may be revised from time to time by the historic preservation board
according to the procedures set forth in this subparagraph. Prior to making any revision to the city
historic properties database, the board shall hold a public hearing to consider the revision. The
owner of any property considered for listing or revision of classification in the database shall receive
notice of such hearing at least 15 days prior to the hearing. The hearing shall also be advertised in a
newspaper of general circulation in the city at least 15 days prior to the hearing. Notwithstanding any
other provisions of this section, after May 14, 1994 properties shall not be added to the database as
"historic" or reclassified as "historic" in the database unless they have been designated as "historic"
pursuant to the procedures set forth in chapter 118, article X, division 4. ln determining whether a
property classified in the database as historic should be reclassified, the board shall utilize the
designation criteria in subsection 1 18-592(a).
Section 118-563(c): All applications for a certificate of appropriateness forthe 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) be 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 historic preservation
board shall decide, based upon the criteria set forth in subsection 1 18-564(0(4), whether or not to
issue a certificate of appropriateness for demolition. A demolition permit shall not be issued until a
full building permit for the new construction has been issued, except as permitted under subsection
118-564(0(6).
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Referral to Land Use Committee and Planning Board
Revisions to Land Use Board Notice Requirements
June 10,2015
Page 3 of3
Board of Adjustment notice provisions are found at Section 118-134, and provides:
Section 118-134: 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, (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.
Planning Board, notice for conditional use approvals, is found at Section 1 18-193, and provides as
follows:
Section 118-193: 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 (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. This
mailed notification requirement shall be the responsibility of the applicant.
Recommendation: Referral of the item to LUDC and Planning Board.
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