Loading...
LTC 629-2019 Permitting and Land Development Regulation ProcessMIAMI OFFICE OF THE CITY MANAGER 629-2019 NO. LTC# LEDER TO COMMISSION TO : DATE : December 2 , 2019 SUBJECT : Permitting and Land Development egulation Process Update The following is a summary of the of the current initiatives to improve, streamline and simply the development review and permitting process in the City. Matrix Group Process Recommendations In order to ensure that the City 's regulations and processes relating to private development projects are fair, balanced and efficient, earlier this year the City solicited proposa ls from qualified firms to provide data-driven regulatory and process reviews , peer and best practice recommendations and recommendations for process improvement (both administrative and legislative). The goal of this comprehensive effort is to ensure that the regulations and processes affecting private development are efficient and streamlined . Specifically, the goals are to : • Attract susta inable and resilient development; • Safeguard quality of life within neighborhoods ; • Promote historic preservation; • Improve both the customer experience and staff process . The Matrix Consulting Group, LLC was chosen to review the City 's regulations and processes related to private development. On May 22 , 2019, the Land Use Development Committee (LUDC) reviewed the report of the Matrix Group and recommended that the City Commission accept the recommendations of the administration and requested that the administration provide a timeline for the recommendations moving forward. On June 5, 2019 the City Commission adopted Resolution No. 2019-30863 endorsing the administrations recommendations based on the Matrix study. Attached is an updated copy of the Matrix report and work plan (attachment 1 ). As you will note , several of the recommendations have already been implemented. Other recommendations , which required amendments to the LOR 's , are either pending before the City Commission , or were withdrawn and will not be moving forward. Land Development Regulations (LOR) and Resiliency Code Update: The City's current land development regulations, which were adopted in 1989, are prescriptive in nature and generally difficult to read and clearly understand. The regulations contain complex and often overlapping criteria for permitted and conditional uses, development regulations and overlay districts. Over the last few decades, this has created the need for multiple, as well as lengthy and complicated discussions between City staff and property owners, tenants, architects and developers in order to administer the regulations, and achieve sound planning and development practices. The current land development regulations have not been comprehensively reviewed and updated, but they have been amended in a frequent and piecemeal manner over the last 30 years. In order to simplify the way these regulations are presented, as well as provide consistency with the sustainability goals of the city, the City engaged in an RFQ process to create a modern Resiliency Code. Of the three eligible respondents, Perkins & Wills was ranked as the top firm, and the recommendation was approved by the City Commission on October 16th, 2019. Negotiations for the engagement with the top ranked firm are ongoing. A resiliency code, tailored specifically to Miami Beach, will simplify permitted and conditional use requirements, focusing on building orientation, scale, context, and building frontages. This will provide City staff, developers and the community with clear and consistent rules and regulations to which new development must conform. Additionally, the way permitted, and conditional uses are set forth would be simplified, thus allowing a property owner, resident, prospective buyer or developer to quickly decipher what types of uses are permitted on a site. A simplified use table will not affect any of the regulations and limitations that have been implemented over time in order to protect the quality of life of specific neighborhoods. All existing regulations, requirements and special restrictions on certain uses would be transferred to the body of the new code. The resiliency code will also work in conjunction with existing Historic Preservation regulations in order to ensure that new construction is compatible with historic districts and sites. The resiliency code will enable the City to formulate a strategic plan that will continue to promote and protect the historic character of in d i vi d u a I, distinct neighborhoods, while identifying areas for sustainable growth and development. Developers will have a clear understanding of the areas that are available for growth and will be able to focus their resources on projects that can succeed. The predictability that comes from this knowledge will encourage residential and commercial investment that will benefit both the City and its residents. Resiliency codes easily incorporate sustainable practices, including requirements and incentives for Green Buildings that would allow residents and businesses in new buildings to reduce their energy costs and carbon footprints. The revised regulations will also allow buildings to respond to the effects of climate change and sea level rise in a manner that does not detract from the pedestrian environment. Permit Fee Review On May ath, 2019, the City Commission adopted ordinance 2019-4260 to amend appendix A of the City Code, which update development review fees and established a cap on square foot fees for applications presented to Land Use Boards for approval. At the adoption hearing the City Commission also directed staff to review the fees related with the permitting process. On June 24th, 2019, KCI Technologies, which has been retained as a fee consultant, commenced the review of the fees and processes associated with building permit review and other services required for the compliance of applicable federal, state and local codes in relation to the issuance of building, fire, public works and planning permits that may be required for development in the City of Miami Beach. The objective is to evaluate the current assessment methodology, fee structure and values as well as conduct comparative analysis of neighboring municipalities within the tri-county area. At this time, the project is 50% complete and initial findings are being compiled for discussion with all applicable disciplines. E-Permitting The Building department has over 100 different permit types. As part of our initiative to make electronic filing for permitting available to the public we have begun to make some of these permit types available online. Currently the following building permits are available online and can be accessed through the Citizen Self Service portal: • Sub-permits for Mechanical, Electrical, and Plumbing on commercial and residential properties. • Condominium unit flooring • Portable Toilets A general application will also be available online in the coming weeks for customers that want to begin the application process online in order to receive faster service when they physically come in to submit their plans. The Building and IT Departments are working with Tyler/EnerGov to configure all the remaining permit types online to allow for a fully online option where customers can apply and submit there plans online without the need to travel to the Building Department. Current timeline to complete this project is estimated at one year from today. We will continue to keep the Commission updated on our progress. JLM/SMT/TRM C : Rafael Granado, City Clerk F:\PLAN\$ALL\CM_RESP\2019\LTC-Permit and Code Process Updates.docx Review of the Regulations and Processes Relating to Private Development Projects MIAMI BEACH, FLORIDA May 10, 2019 mat rix consulting group Table of Contents 1 Introduction and Executive Summary 1 2 Timeliness 8 3 Decisiveness and Authority 26 4 Process 34 5 Charter Requirements versus Legislative Authority versus Staff Authority 47 6 Best Practice Review 62 7 Controls 78 8 Outreach 85 Appendix A – Process Diagrams 89 Appendix B – Process Diagrams 99 Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 1 1. Introduction and Executive Summary The City of Miami Beach retained the Matrix Consulting Group to conduct a review of the organization, requirements, and processes associated with issuing planning approvals and building permits. The project involved seven tasks, outlined as follows: 1. Timeliness 2. Decisiveness and Authority 3. Process 4. Charter requirements versus legislative authority versus delegated authority to staff 5. Best Practice Reviews 6. Controls 7. Outreach This document provides the analysis, findings, and recommendations associated with the seven tasks of this engagement. The project team took a phased approach to completing this project that included the following activities: • Interviews with staff from all review disciplines, including department directors, intake staff, managers, and reviewers. • Personal observation in the City’s permit center. • Mapping each development review and permitting process for the Building and Planning Departments. • An analysis of planning and building permit data from the past year. • A review of operational documents, including public educational materials, standard operating procedures, the city’s charter and land use code, and examples of staff memos and comments. • Reviewing the analysis of the stakeholder and focus groups conducted by Public Participation Partners. These project components provided an in-depth understanding of the City’s development review and permitting operations. The overall findings and themes for this project were summarized in three areas: Building, Planning, and Technology. The key findings are discussed at a summary level in the following subsections. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 2 1. BUILDING DEPARTMENT FINDINGS Several key themes emerged related to current Building Department operations including: • The building permit review process is the main mechanism for a variety of disciplines to review and approve development projects. • Review disciplines are unnecessarily specialized. Cross training would simplify the review process and eliminate conflicting feedback to the applicant from multiple disciplines. • While the building review process serves as a “funnel” to ensure compliance with a broad range of requirements (e.g. flood, forestry, fire, parking, etc.), the staff who receive and accept permits are not cross-trained to understand the basic role of non-building disciplines. Overall these clerical positions should be elevated to permit technicians, cross trained, and serve as the gatekeeper of the process to assure that applications and re-submittals are complete and reviewable. • Applicants should be clearly informed that re-submittals must be complete and address all comments from all reviewers. Re-submittals should not be accepted if deemed not complete. The City should aim for 2 to 3 resubmittals for all project types, except for the most complex projects. • The current walk through permit review process allows for a same day application review and permit issuance, but is a time consuming endeavor for the applicant. Also, it is inefficient for the multiple reviewers involved in the process. Incorporating many of the key recommendations presented above will provide a more streamlined approach to the building permit process. 2. PLANNING DEPARTMENT FINDINGS Multiple themes emerged from the analysis of the Planning Department and their current operations, process, and adopted codes including the following: • The residential building code is unnecessarily complex and, in some cases, internally contradictory. This creates challenges for design professionals to design code-compliant single family homes and makes it difficult for planning staff or land use board members to ensure compliance. This is especially true for renovation, expansion or demolition of pre-1942 homes not located in local historic districts. • Current land development regulations are complex and standards are located in multiple sections of the land development code. This results in a chaotic and time consuming process for even the simplest of projects. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 3 • Applicants regularly attempt to modify the existing land development regulations versus developing under the complex existing code. This essentially creates a variance for particular parcels or individual street blocks resulting in spot-zoning throughout the city, due to individualization and specialization of each zoning classification. • A new and updated land development regulation ordinance is critical to the ability of the City to simplify the code and streamline the planning and zoning process for development. This approach does not mean a less stringent code, but does mean one that can be applied consistently and equitably without requiring frequent amendments and variances. • One unusual feature of the Miami Beach process is that the HPB and DRB are responsible for not just looking at historic appropriateness and design, but also conducting complete site plan reviews, and if necessary issuing variances. This approach is necessary under the current framework, but with code revision these two boards could focus exclusively on issues of design and historic appropriateness, with separate boards slated for issuing the broader land use permits (site plans, etc.) and variances. Variances, in particular, should be segregated to emphasize that these should only be applied for and awarded under very narrow circumstances. • Currently, the initial planning application and review includes limited review of infrastructure, traffic, forestry, engineering, and public safety issues. The detailed review of the project for these areas do not occur until the building permit review phase, rather than at the planning review phase, even when the planning application goes to the Design Review Board. A review of best practice, common practice across Florida, and the project team’s experience indicates Miami Beach’s current approach does not meet best or typical practice. A more in-depth review should be conducted during the planning application versus building permit phase to enable the mitigation of issues before the building permit is applied for. This would include incorporating more cross-discipline review for planning applications. • Planning should adopt a more traditional pre-application meeting which does not require that the applicant know which board they are going before in order to discuss a potential project. At this meeting, the applicant and staff should go over: traffic, urban forestry, parking, accessibility, flood, environmental, zoning, and building issues and provide a preliminary feedback. Incorporating many of the key recommendations presented above will provide a more streamlined approach to the planning process. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 4 3. TECHNLOGY FINDINGS Several findings and recommendations developed as part of this engagement, deal directly with the utilization of technology. Implementing these recommendations will create more efficient operations. Key technology findings include: • Miami Beach should transition and accept digital application submittals for all building permit types. This would include applications that are typically classified as walk through permit applications (simple permits) and drop off applications. Over the long-term, this would reduce the need for a third party digitization contract. • New staff should receive standardized training on the permitting software. Additionally, ongoing training should be provided to all employees who utilize the permitting software, especially after new software updates. • The website for the Building Department should be consolidated and simplified. • The Planning Department webpage should be expanded and include more information on their webpages in addition to the current links to the adopted municipal code. Each of the findings discussed in the executive summary is presented in greater detail in the following chapters. 4. RECOMMENDATIONS In addition to key findings, the project team developed recommendations to address the issues identified and analyzed in this report. The following table summarizes the recommendations presented in this report and assigns a corresponding implementation time frame. Recommendations are presented by tasks and in the order they appear in the report. Department Recommendation Timeline Timeliness Planning Conduct public hearings for land development regulation text amendments to once per quarter (initially) versus the current philosophy of conducting hearings at will throughout the year. Three year goal is to conduct public hearing for land development regulation text amendments to twice a year. Immediately Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 5 Department Recommendation Timeline Decisiveness and Authority Planning Other review departments should receive notice regarding projects being reviewed by the four Planning Boards and be provided an opportunity to “opt in” to commenting or providing recommended conditions of approval. Immediately Planning Expand participation in pre-application meetings and use them as an opportunity for broad input from the City on all issues potentially affecting a project. Do not require applicants to identify what board their project is subject to before attending the preapplication meeting. Immediately Planning Include other review agencies in the Planning review, and where possible, identify and ensure resolution of issues that would otherwise potentially delay or derail a project once it reaches the building permit stage. Immediately Planning Consider requiring staff-issued planning permits for some complex projects that don’t require Board approval, but that do require staff review. This ensures that all site issues are addressed prior to architectural review. Fall 2019 Building Cross-train reviewers to review similar, but multiple disciplines. Reducing the number of individual departments reviewing building permit applications. On-going Building Cross-train administrative staff responsible for the intake and routing of applications and plans so they develop an understanding of the disciplines involved. Expand their responsibilities to include conducting completeness checks at the intake of both, initial applications and resubmittals. Fall 2019 Process Building The Drop-Off building permit process should transition from paper- based applications to a digital application submittal. Fall 2019 Building Transition the current walk-thru permitting process to an electronic application submission that is reviewed the next business day. Spring 2020 Building Examine ways to reduce the number of temporary certificate of occupancies applied for and issued. Immediately Building Update policies and procedures to require all comments to be readdressed at the time of resubmittal. Fall 2019 Building Require the applicant to resubmit a complete plan set upon each resubmission. Fall 2019 Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 6 Department Recommendation Timeline Building Require all reviewers to sign off or indicate not applicable on all plan sheets. Immediately Building Cross-train reviewers to review similar but multiple disciplines. Reduce the number of individual departments reviewing permit applications. Summer 2020 Planning Transition to electronic packets for all land use boards. Immediately Planning Conduct public hearings for land development regulation text amendments at the first reading of the ordinance. Immediately Planning Rewrite the land development regulation portion of the adopted City codes and ordinance to incorporate best practices. Fall 2019 All Departments Develop a policy and approach that ensures that when individual departmental permits (non-Building and Planning Departments) are applied for, staff verify that the permit complies with previously approved permits. Immediately All Departments Explore what department specific permits can be issued in conjunction with Building and Planning permits, instead of stand-alone permits. Winter 2020 Charter Requirements Versus Legislative Authority versus Delegated Authority to Staff Building Implement a Development Review Committee of staff responsible for transportation, public works, floodplain management, urban forestry to participate in pre-application meetings and review projects before they are seen by the community’s Land Use board. Summer 2019 Planning Conduct a review of project types to identify more projects that can be approved at the staff level without Board review. Single family residences in particular should be fast tracked with staff review, if possible. Summer 2019 Planning Consider moving the authority for issuing variances to the city Board of Adjustment, so that the Land Use boards responsible for determining compliance with regulations are not also responsible for issuing variances. On completion of new land development regulations Planning Modify the approval authority for single family homes constructed pre- 1942 and not located in a local historic district. Staff should have the authority to review and approve these permit types. Fall 2019 Best Practice Review Planning Create a manual or series of handouts detailing specific historic design standards. Summer 2020 Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 7 Department Recommendation Timeline Planning Exclude interiors from Historic Preservation Board review and transition to staff review. 2020 Planning Reduce the timeline for conducting a public hearing for land use boards to approximately 4 to 6 weeks after application is received. Immediately Planning Ensure holistic approach to resiliency standards including discordance between elevated and non-elevated building in or near historic areas. Fall 2019 Planning In conjunction with streamlining regulations to reduce the use of variances, HPB's jurisdictions should be to determine historic appropriateness. Spring 2020 Controls All Departments Reviewers should sign each plan sheet versus completing the approval cover letter for walk through permits. Maintaining integrity throughout the review and construction process. Immediately Building Permit Clerks should be allowed to process credit card payments at their terminals, after receiving proper training. Immediately Building Ensure proper policies are in place related to the determination of fees, especially for private provider permits for smaller scale projects where minimum fees are assessed. A policy related to checks and balances for fee calculations and collections should be instituted. Immediately Planning Ensure that all planning staff involved in development review are included in the development and review of proposed land use text amendments. Immediately Building Create the position of Permit Coordinator to provide oversight of the entire development review and permitting process. The Permit Coordinator would also serve as a liaison to the development community to resolve issues. 2020 Outreach Building The Building webpage should be streamlined to provide relevant information with less searching. An overview of the application and review process should be provided through a graphic. Fall 2019 Planning The Planning webpage should be expanded to provide more relevant information on the webpage versus a link to the municipal code. Additional information should be provided for each land use board and review authority and approval. Fall 2019 More detailed information regarding the findings and analysis that led to each of the recommendations is contained in the following chapters. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 8 2. Timeliness The first task of the study included four topic areas related to the timeliness and effectiveness of current operations with the City of Miami Beach’s Building and Planning Departments. The four review areas associated with this task include: • Timeliness: Review the City of Miami Beach processes and analyze if these can be made faster or more efficient. Analysis of historical processing times to determine actual performance of the City’s review turnaround timeframes, compare these timeframes to other communities, and identify turnaround timeframes suitable for the City. • Decisiveness and Authority: Review the roles and responsibilities as authorized in the City of Miami Beach Code and Florida Building Code. • Process: Analysis and findings regarding the consultant’s review of the existing processes, SOP’s, and City codes with the identification of potential bottle-necks of current processes, areas not in conformance with best practices for development processes, and identification of potential changes to increase effectiveness and efficiency of the process. • Charter requirements versus legislative authority versus delegated authority to staff. Conduct an analysis to determine if levels of authority are clear and acknowledged by all parties involved. Analysis related to these tasks are presented in the following subsections. 1. BUILDING PERMIT PROCESS ANALYSIS For all building permit applications, the Building Department has two processes in which an applicant may apply for a building permit: the walk-thru and the drop-off process. The walk-thru process provides the applicant with same day review; if their application is complete and in compliance with all adopted regulations. In the drop-off process, the applicant physically delivers the application and plan set to the Building Department and drops them off to be reviewed. (1) Walk-Thru Permit Process Analysis The walk-thru process provides the applicant with the ability to obtain a building permit the same day as applying. Application review is accomplished by many of the reviewing departments. The applicant or his/her delegate literally walks the application from one reviewer to the next. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 9 There are a few review entities that do not provide staff at the permit center, including Urban Forestry and Parking. If an application requires Urban Forestry review, the application must be dropped off and it will be reviewed within three business days. For applications that require Parking review, the applicant must go to Parking for review and return to the permit center. A total of 14 application types are eligible for walk-thru processing. These application types include small scale residential buildings (less than 10 pages), interior renovations/ improvements, window replacements, signs, fence, awning, carports, some driveways, roofing, flooring, exterior concrete restoration, and city projects. Additionally, many trade permits (e.g. electrical, plumbing, and mechanical) are included in the walk-thru permitting process. The ability to obtain a permit same day is considered best practice, especially for the types of permits that are processed via the walk-thru process. However, there are several challenges and opportunities for improvement to the walk-thru process: • Some simple trade permits should be transitioned to online submission and issuances. Examples include circuit branch wiring, plumbing fixture change outs, water heater replacements, etc. Applicants have to physically show up at City hall to apply for and receive trade permits. This includes permits where items are being replaced and do not require plan sets. • Applicants are required to pay for application review and permit fees at a separate location than where the application intake/permit issuance occurs and this slows down the overall processing of the application. Permit Clerks should be able to process payments. • Some reviewers (e.g. Urban Forestry and Parking) are not available to perform walk-thru review and thus require applicants to drop off the plan set or visit other departments for review and return to the Permit Center. Reviewers should be made available to complete all walk-thru permit reviews or other staff cross-trained to perform those reviews in areas where reviewers are not available. Alternatively, permit types available for walk-thru review should be limited based on who is available to review. • Due to the design of the current walk-thru process, reviewers are not efficient with their time and productivity. Reviewers dedicate the first portion of their day to reviewing walk-thru permits and perform drop off reviews after walk-thru permits are completed. There are many times where reviewers are idle during walk-thru permits when they are waiting for the applicant to complete a review at another review station. Due to the complex nature of reviewing applications, it is not encouraged for staff to go between different reviews. This is especially important Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 10 for life safety issues, as items may be overlooked when moving between applications. The current walk-thru approach results in less efficient staff. The above challenges and opportunities for improvement identify several key efficiency issues for both the customer and staff. Based on the current volume of workload and observations of the permit center, the walk-thru process is very hectic and busy most days of the week. The Permit Center stops handing out numbers by 11:30AM each morning, which helps to ensure customers are served same day and allow staff the ability to perform drop-off reviews in the afternoon. The current approach of having a cutoff time for walk-thru processing is effective and should continue. More detailed process recommendations related to the walk-thru process are discussed in the Process Analysis Chapter in this report. Findings: All permits are required to be processed by walk-thru or drop off review, including applications that do not require plan review. This results in more customers conducting in-person application submission, review, and permitting. Permit Clerks do not collect application review and permit fees, creating extra tasks in the process for customers and staff. Not all reviewers are available for walk-thru permit review, most notably Urban Forestry and Parking, requiring the customers to drop off plans or go to other locations for review and approval. Walk thru reviewers are not as efficient as possible due to the fact that they must wait on customers to finish with other reviewers. (2) Drop-off Review Process Analysis The drop-off review process consists of the applicant going directly to the drop-off counter in the Permit Center and completing the necessary forms, provide two plan sets to the Permit Clerk, and paying applicable fees. The Permit Clerks intakes the application and plans sets for review. The Building Department states on their website that their goal is to review all applications within 30 business days. However, the internal policy is to review all applications within 21 business days. Once the application and plan set are processed by the Permit Clerk, they are sent to a third-party to be scanned. It generally takes two days for the third party to scan and provide the digital files to staff. Once the digital files are received, they are saved on the City’s network and made available for the respective reviewers to review. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 11 Upon the completion of the review, the reviewer uploads the result of the review to the permitting software system. If the application meets all applicable codes, then the reviewer indicates pass and is no longer part of any resubmittal reviews. If there are review comments, then they are added to the system and the applicant then receives notification that comments were received. As necessary, the applicant will update their plan set and resubmit to the drop-off window for review again. However, the applicant is only required to resubmit the sheets on which revisions were made. Upon the approval of the application and plan set, Permit Clerks are tasked with compiling the approved plan set, transmit approved plan set to applicant, create final invoice, and send permit after receiving permit payment. The drop-off review process includes many moving pieces and numerous reviewers. There are a few challenges and improvement opportunities related to efficiencies of the drop-off review process: • The review process is generally delayed two days due to the fact plan sets are sent out for digitization by a contractor. The current process potentially results in increased turnaround times, as it takes additional time for plan sets to be digitized and returned. If applications were submitted digitally, this could reduce turnaround times by two days. • Due to the fact that plan sets are sent out for digitization, the possibility exists for plan sets to be lost or misplaced (physically or digitally), incomplete digitization of plan sets, poor quality of digitized plan sets, and a host of other challenges related digitization. Digital submissions would reduce the likelihood of issues related to plan set scanning quality and misplacement. • The fact that applicants may resubmit only the sheets where changes occurred, results in the cumbersome task of compiling the approved plan set. Staff indicated that depending on the size of the project, compiling the approved plan set may take between 15 and 60 minutes. This is time consuming and not efficient. This is also exacerbated by the fact that applicants will submit multiple resubmittals based on one review (e.g. separate resubmittals to address planning, building, fire, etc.) comments. Electronic plan set submittal will help eliminate the time required to compile the plan set. Additionally, each reviewer should sign off on each sheet (or indicate not applicable) to ensure that the approved plan set is issued with the permit. • Once the plan sets are digitized, they are stored on the City’s file network and not in the permitting software system. Permit Clerks create a link in the software system for the reviewer to click on to open the plan set. This approach requires an additional step in creating the application file in the software system. Secondly, it requires additional work when the permit is issued as staff have to upload the Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 12 approved plan set to a cloud based software system to send to the applicant. Third, it creates the possibility of plan sets not being properly linked to the permit file. This issue may be resolved by utilizing the permit software system as a database for all applicable permit information and data. • Similar to the walk-thru process, application fees are not paid at the drop-off counter. Ideally, application fees would be collected by intake staff. However, permit fees may be paid online when the applicant receives an electronic invoice, which is efficient. Above are a few issues and challenges related to the effectiveness and efficiency of the drop-off process. Many of the issues relate to the current paper-based submittal process and digitization efforts. Instituting a digital submission process would eliminate the requirement to digitize plan sets which is a two day process and would further reduce the workload associated with compiling the approved plan set at permit issuance. Implementing these changes would reduce the workload associated with each drop-off submittal. More in-depth process analysis is presented in Chapter 3 - Process Analysis in this report. Findings: The current drop-off process adds approximately two days to the review timeline since applications are digitized by a contractor. This approach also contributes to inefficiencies when the permit is issued and requires compiling the approved plan set. Issues may periodically arise related to lost or misplaced plan sets or individual sheets of plans sets due to outsourced digitization. Other issues may arise due to scanned plan sets not being stored in the permitting software and linked properly with the permit file. Permit Clerks do not collect application review and permit fees, creating extra tasks in the process for customers and staff. Applicants are sent a link to pay permit issuance fees online, which is efficient and effective. (3) Planning Application Process Analysis The analysis of this section will primarily focus on applications that go to one of the four land use boards. Applications that may be approved administratively by staff are submitted online and reviewed by staff, comments are digitally sent to the applicant if necessary, and once applications are approved, the applicant is notified of next steps, which is typically submitting a building application. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 13 The four land use boards include: Planning Board, Design Review Board, Historic Preservation Board, and Board of Adjustment. The duties, roles, and responsibilities of each board is outlined in the City of Miami Beach’s City Code: Subpart B – Land Development Regulations, Chapter 118 – Administration and Review Procedures, Article II – Boards. The adopted code outlines respective powers and duties of each board, membership requirement of members, member appointment and removal criteria, quorum and voting procedures, and meeting conditions. The prescriptiveness of the City code clearly defines roles and responsibilities of each board and their approval (or recommendation) authority. The application process for each land use board is fairly consistent. Prior to application submittal, the applicant is required to meet with staff to determine the proper board required for their proposed application. Then the applicant is required to submit an online application for their respective project and board. The process for staff review, notice for public hearing, conducting the public hearing, and the result of the public hearing before the respective board, is fairly straightforward for each board. There are two key findings related to the land use board process that may impact the effectiveness and efficiency of the planning process. The two impacts include what items can be approved administratively by staff versus the boards, and the posting timeline for each land use board. Generally, when an application is required to go to a land use board for review and approval, the processing time is longer than applications that may be reviewed and approved by staff. This is primarily due to the fact that staff will review the application first, provide comments if necessary, issue a public notice, and then conduct a public meeting. Applications that are approved by staff are generally approved much quicker than those by land use boards. A more detailed analysis related to approval authority (staff versus land use boards) is discussed in Chapters 2 and 4 of this report. The second item that impacts the process timeline for applications that require public notice is related to the adopted public notice requirements of the City. Applications that are reviewed by any of the land use boards, require a 30-day public notice period. Best practice indicates that the application should be “finalized” before a public notice is published. This ensures the application is properly noticed and no changes have been made once public notice has been provided. Allowing for the public to review the application in advance of the public hearing, and ensuring that no changes are made between what is available for review and then presented to a land use board. Miami Beach meets best practice related to having a completed and finalized application before issuing a public notice. Miami Beach’s publishing notice requirement is robust when compared to the State of Florida statutory requirements. Florida State Statues as found in Chapter 163.3225 indicates that minimum noticing requirements is 7 days in advance of the public hearing. The impact to the review timeline is noticeable, especially since each land use board is Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 14 regularly scheduled to meet one time per month. If the public noticing time was reduced, this may reduce the overall processing times related to land use boards. However, it should be noted that the Planning Department provides a detailed calendar online that provides preapplication and application submittal deadlines in order to meet each land use board meeting date. The approach of providing a submittal deadline calendar online is best practice. Findings: Application types that can be approved by Planning staff versus a land use board impacts the review timeline. An in-depth analysis is provided in Task 2 and 4 of this study. The 30-day public notice publication requirement is in excess of the minimum requirement prescribed in Florida State Statute, which increases the processing time for land use board applications. 2. FOCUS GROUP FEEDBACK AND ANALYSIS Public Participation Partners was contracted under a separate agreement to conduct a total of six focus group meetings. Three of these meetings were held with various City of Miami Beach internal stakeholders. The remaining three meetings were held with prior customers of the development review and/or permitting process. Public Participation Partners provided their write up for the focus group meetings for use by the Matrix Consulting Group. However, a brief summary of the findings is found below and discussed where appropriate throughout this report. (1) Internal Focus Group Key Themes This section will summarize the key themes received as part of the internal focus group meetings. Meetings were held with Building and Planning staff respectively. Followed by a group meeting of all individuals involved in development review and permitting activities. The following key themes emerged from the various internal focus group meetings. • The permitting software system (EnerGov) has made the process more efficient, but there is more that the software can do. • Desire for more EnerGov software training. • Greater collaboration and coordination between multiple review disciplines. • Simplify the permit process as many believe it is complex and cumbersome. • Improved communication between the City staff and applicants. Including conducting workshop with permit expediters to train them on the City’s review processes. • Improved communication between permit clerks and reviewers. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 15 • Consistent approach to communicating process changes from management to staff. The key themes presented above provide insight into the perceptions and concerns of staff involved in the development review and permitting process. (2) External Focus Group Key Themes Public Participation Partners also conducted three focus groups with outside stakeholders. The following key findings and themes emerged from the permit expeditor focus group meeting. • Permit expeditors do not like the recent reduction in walk-through permitting hours. • Permit expeditors desire to be able to process more than walk-through applications per ticket number. • Applicants, especially permit expeditors, do not like the way permit ticket numbers are assigned. • Permit expeditors reference that Planning takes too long to review their applications. (Note: unfounded based on data presented in this report.) • Desire greater communication to process changes from City staff. Several of the themes presented above related to the process may be easily rectified with transition to an online application submittal and 24-hour processing time for current walk- through permits. Converting to digital submittals is discussed under Task 3 of this report. 3. POLICY AND PROCEDURES ANALYSIS The project team was tasked with reviewing the city’s current processes, standard operating procedures (SOP’s) and City codes to identify potential bottle-necks and choke points in the development process. However, review and analysis of current processes is covered in Task 3 of this study. Secondly, review of the City code, is included in both Tasks 2 and 4 of this study, especially as it relates to chokepoints in the development process. This section of the report will focus on the analysis of Building and Planning Department’s Standard Operating Procedures and how they may impact the development review process. (1) Analysis of the Building Department Standard Operating Procedures. The Building Department provided a copy of their most recently updated standard operating procedures from October 2017. This included procedures for 50 operational areas within the Building Department. Conducting a review of the SOP’s, the project team determined they are robust and provide sufficient information to both staff and the customer related to current processes and procedures. It was noted that SOP’s exist for all major development related processes, with the exception of one for the walk-thru Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 16 permitting process. It is recommended that one be developed for the walk-thru permitting process and include all applicable reviewers during the SOP development. The project team noted the following several best practices and issues with the adopted standard operating procedures: • The Building Department reviews and adopts SOP’s every two years and the adoption date is noted on each SOP. • The SOP references adopted state, city, and county codes when applicable. • SOP’s are published online with a link to previous SOP’s. • The Building Department’s homepage list new changes to their procedures and processes with an active date. Additionally, there were a few challenges noted with the adopted standard operating procedures: • Some SOP’s referenced individual staff members, which may create an issue if the staff member is no longer employed by the city or changes position. • SOP’s related to process and review do not include City adopted performance metrics. Also, SOP’s generally do not include key performance indicators or goals. • SOP’s include written narrative related to processes, but generally process flow diagrams are absent. (Note: an occasional screenshot from the permitting software system are included in the SOP’s.) Based on review of the Building Department’s adopted Standard Operating Procedures, no issues were identified that would impact the review process timeline, except those specifically related to the review process. Review process findings and recommendations will be addressed separately in Chapter 3 of this report. Findings: The Building Department regularly updates their standard operating procedures and generally includes most processes and procedures completed by the Building Department. A standard operating procedure should be created to cover the walk-thru permitting process. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 17 Adopted standard operating procedures do not negatively impact the timeliness of the development review process. (2) Analysis of the Planning Department Standard Operating Procedures. At the time of this study (January 2019), the Planning Department was in the process of formalizing and creating standard operating procedures. The expected completion date of SOP development is Fall 2019. However, Planning Department operations are generally governed by the City’s adopted land development regulations. Subpart B – Land Development Regulations prescribes the processes and procedures the Planning Department must follow to review and approve land use applications. This is especially prevailing for the four land use boards (Planning, Design Review, Historic Preservation, and Board of Adjustment). Each respective land use board authority and process is clearly outlined within the City’s Code. Furthermore, the City’s Code dictates what items may be approved administratively by staff versus what must be reviewed and approved by a land use board or City Commission. There is one process in the current operating procedure that negatively impacts the effectiveness and efficiency of Planning staff, Planning Board, and City Commission. While there is no formally adopted procedure related to land development regulation text amendments, the current operating procedure allows text amendments to be requested at any time. This request may come as part of an official application, or at the request of a City Commissioner. As a result, the Planning Board and City Commission conduct hearings multiple times a year related to text amendments. In 2018, a total of 21 land development regulation text amendments were requested and public hearings conducted. Based on the current approach, land development regulation text amendments are heard throughout the year. Best practice indicates text amendments should be limited in order to ensure that amendments are thoroughly vetted and warranted, amendments align with other adopted regulations, regulations are adopted at standardized intervals, and the online (or printed) code is updated only a few times per year. With the current process, staff, Planning Board, and City Commissions are constantly tasked with developing, reviewing, and approving text amendments throughout the year, creating challenges to this process, based on the volume of proposed amendments processed each year. To create a more effective approach to text amendments, the project team recommends the following changes: • Allow text amendment hearings to be conducted quarterly. • Develop an annual calendar that schedules hearing dates for Planning Board and City Commission to review proposed land development text amendments. The schedule is adopted and provided online, similar to the land use board calendars. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 18 • Consider establishing a special Planning Board and/or City Commission meeting to focus on land development regulation text amendments. The intent of these recommendations is to limit the number of times that both the Planning Board and City Commission conduct public hearings related to land development regulation text amendments. The City should initially conduct these amendments quarterly. A three year goal should be to transition to text amendment public hearings two times per year. Modifications may require changes to City Ordinances, related to the timeline associated with text amendments. Finding: The Planning Department does not have adopted standard operating procedures and defaults to the adopted City codes and ordinances. (Note: The Planning Department is in the process of developing standard operating procedures with the intent to adopt in the Fall of 2019.) Recommendation: Conduct public hearings for land development regulation text amendments once per quarter (initially) versus the current philosophy of conducting hearings at will throughout the year. A three-year goal should be to conduct public hearings related to land development regulation text amendments only twice a year, unless extenuating circumstances arise. 4. ANALYSIS OF PROCESSING TIMES Application review processing times were analyzed to determine the amount of time it takes to review an application and ultimately approve a permit. The project team was provided permitting times from January 1 – June 30, 2018. While the project started in October 2018, the first six months of the year was utilized since it would have a smaller number of active reviews compared to the most recent six months of data. In essence the likelihood of an application being submitted and permit issued was much higher using data from the first half of 2018. The data set included permit type, application date, completed date (date when comments or permit issued, and review type. Review types included: planning; structural; building; fire building; flood; electrical; plumbing; mechanical; urban forestry, environmental, and public works (building permits only). It should be noted the permitting software system does not track whether the permit is a walk-thru or drop-off permit. However, the project team filtered the data set to perform an overall analysis and an analysis that filtered reviews that were completed the same day of application, which assumed they were walk-thru applications. (1) Analysis of Drop-Off Permit Reviews Considering there was no way to separate walk-thru and drop-off permits, the project team analyzed the data set and removed any permits that were applied for and issued on the same day. This created a data subset that included a total of 3,277 completed Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 19 reviews. The following table presents the number of reviews completed and the total number of submissions reviewed. Applications Reviewed Review Type Total Applications Reviewed Total Submittals Average Submittals Per Application Building Review 457 935 2.05 Electrical Review 295 679 2.30 Environmental Review 58 87 1.55 Fire Building Review 439 893 2.03 Flood Review 327 758 2.32 Mechanical Review 222 449 2.02 Planning Review 593 1,266 2.13 Plumbing Review 238 522 2.19 Public Works (Building Permits) 259 455 1.76 Structural Review 325 631 1.94 Urban Forestry Group Review 64 128 2.00 Total 3,277 6,803 2.08 For the 3,277 applications, a total of 6,803 submittals were required for the permit to be issued. Resulting in an average of 2.08 submittals per application for review. The average number of submittals per application ranged from a low of 1.55 for Environmental to a high of 2.32 submissions for Flood Review. Additionally, the project team calculated the average number of days from the time the application or resubmittal was received to when review comments were completed or the application was approved. The following table shows the average number of calendar days for completion by review type. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 20 Application Review Timelines Review Type Average Days to Complete Review Building Review 5.95 Electrical Review 3.18 Environmental Review 6.50 Fire Building Review 4.45 Flood Review 3.29 Mechanical Review 5.58 Planning Review 9.92 Plumbing Review 5.28 Public Works (Building Permits) 12.73 Structural Review 2.95 Urban Forestry Group Review 8.42 Total 6.20 The average number of days to complete a review was 6.20. Review timelines range between 2.95 days for Structural to 12.73 days for Public Works. In order to better understand review times by each reviewer, the following graph was developed. Average review times vary greatly by the reviewer. It is clear reviewers are performing much better than the general goal of completing reviews within 21 business days. In the project team’s experience, these are very robust review time averages, especially considering that seven of eleven review entities complete reviews in less than six days. 0 2 4 6 8 10 12 14 Bu i l d i n g R e v i e w Ele c t r i c a l R e v i e w Env i r o n m e n t a l R e v i e w Fir e B u i l d i n g R e v i e w Flo o d R e v i e w Me c h a n i c a l R e v i e w Pla n n i n g R e v i e w Plu m b i n g R e v i e w Pu b l i c W o r k s ( B u i l d i n g P e r m i t s ) Str u c t u r a l R e v i e w Urb a n F o r e s t r y G r o u p R e v i e w Average Review Days by Review Entity Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 21 Findings: The average review time for all review entities is 6.20 days for drop-off permits. With the exception of Public Works, each review entity averages less than 10 days for review. The top three highest review processing times and their percentage of applications reviewed are: Public Works 12.73 days and 7.9%; Planning 9.92 days and 18.1%; and Urban Forestry 8.42 days and 2.0% of the reviews completed. (2) Analysis of Review Processing Times for All Building Applications. Secondly, the project team analyzed all review processing times for all application types received in the data set. The following table summarizes the number of applications reviewed by each review entity, the average number of submittals, and average review time. Summary of Review Processing Workload Review Type Total Applications Reviewed Total Submittals Average Submittals Per Application Average Days to Complete Review Building Review 1,717 3,293 1.92 1.68 Electrical Review 1,012 2,380 2.35 0.91 Environmental Review 58 88 1.55 6.50 Fire Building Review 1,532 3,038 1.98 1.30 Flood Review 1,407 2,591 1.84 0.96 Mechanical Review 652 1,375 2.11 1.82 Planning Review 2,354 4,442 1.89 2.83 Plumbing Review 878 1,745 1.99 1.57 Public Works (Building Permits) 632 1,140 1.80 5.07 Structural Review 1,728 2,825 1.63 0.66 Urban Forestry Group Review 79 180 2.28 5.99 Total 12,049 23,097 1.92 2.66 A total of 12,049 applications were submitted and processed during the first half of 2018. The average processing time was 2.68 days. Environmental and Urban Forestry had the two highest turnaround times. This was expected considering they do not staff the walk- through permit process counter and thus applications must be dropped off for review. It should be noted that approximately 72.8% of all applications were classified as walk-thru, which dramatically decreases the average review times. Finding: For all building permit applications, the average review time was 2.66 days, including walk-thru permits. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 22 (3) Impact of Resubmittals on Overall Building Permit Review Timeframes. While the number of submissions/resubmissions averaged 2.09 days for drop-off permit applications, a review of more complex permit types (e.g. commercial alteration), show a significant range in the number of resubmittals. While resubmittals range from zero to 14, there is a fair number of applications that had between five and 10 resubmittals. In the project team’s experience, anything in excess of two resubmittals is significant. Furthermore, the Building Department has a policy requiring a meeting with the applicant after the third review, for building related reviews. The reasons for resubmittals can vary greatly and is impacted by the quality of the initial submission and how comments are addressed in resubmittals. There was one significant finding in analyzing individual application/permit files. On larger or more complex projects, it was noted that the applicant will submit numerous resubmittals, but they are only reviewed by a select few entities. However, at later dates and additional resubmittals, additional review entities will review that resubmission. This indicates that applicants are addressing only a portion of the comments received initially and resubmitting multiple times in order to address all issues. As a result, this approach is inflating the total number of resubmissions, but is not reflective in the summary tables in the preceding sections as they breakdown individual reviews completed and not the total number of submissions. Moreover, the issue of the applicant only partially addressing review comments may create some issues with the review process. This approach creates issues with ensuring the proper reviews are completed on each resubmittal. Requiring the Permit Clerk to determine what reviews are required for each resubmittal, which may result in some reviews not being completed. This places increased workload on Permit Clerks, which is challenging as they may not be well versed in what reviews are required on resubmittals, especially if the applicant does not indicate what changes were made. The number of resubmissions is important as it may indicate various issues related to the review process. In many instances resubmissions may be indicative of the quality of work being reviewed and the inability to properly address review comments, or it may be a result of the process or reviewers themselves. As such, the project team reviewed a sampling of review comments received. In reviewing specific review comments for projects that had multiple resubmittals, it was clear that the applicant did not address all of the comments. Overall, reviewers generally noted that comments were not addressed. This is an important finding. If the applicant does not address all review comments, then clearly the permit cannot be approved. Moreover, reviewers provide detailed comments and generally cite the appropriate code and section that needs to be addressed. If the applicant elects not to address all comments upon resubmission, then the total number of reviews will be greater. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 23 Finding: Based on a review of sample comment letters, it is apparent that some applicants do not fully address all comments upon resubmittal. This is increasing the number of resubmissions, especially since the applicant may only address one or two specific review areas upon each resubmission. This increases the overall time from initial application to permit issuance. It is important to recognize that while the timelines of individual reviews is an important performance metric, from the applicant’s standpoint the most critical issue is how long it takes in total to go from application to approved permit. This involves a wide number of factors, many of which are not under the City of Miami Beach’s control. For example, if an applicant’s architect or engineer takes an inordinate amount of time to resubmit an application, and/or only responds to some of the comments provided by the City, this will delay the project. That said, it is important to look at the total time that it takes to get a permit through the review process even while acknowledging that the City does not control all of the factors involved. Below is a breakdown of total average permit times by project type: Permit Type Average total days – Application to Issuance AC - Commercial 11.36 AC - Residential 34.33 Building - Commercial 76.28 Building - GDO License 65.19 Building - Phased 171.75 Building - Residential 86.22 Building Special Event (Temp Structure) 7.25 Certificate Process 40.95 Electrical - Commercial 12.50 Electrical - Residential 9.43 Elevator - Commercial 43.70 Elevator - Residential 52.50 Elevator Operational License 339.00 Finance (OTC Permits) 14.14 Fire 35.41 Garbage 2.74 Generator - Commercial 16.00 Generator - Residential 57.71 Mechanical - Commercial 28.15 Mechanical - Residential 52.07 Photovoltaic - Residential 113.00 Planning (OTC Permits) 0.60 Plumbing - Commercial 17.04 Plumbing - Residential 8.12 Pool - Commercial 92.00 Pool - Residential 86.55 Recycling 2.56 Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 24 Permit Type Average total days – Application to Issuance Revision 17.50 Roll-Off 2.35 Roofing - Commercial 20.21 Roofing - Residential 15.94 ROW (Right-of-Way) 28.71 Shop Drawing 9.00 Sidewalk Cafe Permit 86.25 Temporary CO 67.19 Urban Forestry 71.22 (4) Planning Permit Review Timeline Analysis The project team analyzed the review times associated with the four land use boards. The following workload and associated processing times were provided: Summary of Workload and Processing Times Board # of Applications # of Completed Applications # Dismissed / Withdrawn Average Processing Time (Days) Board of Adjustment 30 23 2 149 Design Review 149 117 12 115 Historic Preservation 70 62 0 143 Planning 76 42 0 112 Total 325 244 14 130 The average processing times for all land use boards was 130 days. Processing times ranged from 112 days for Planning Board to a high of 149 days for Board of Adjustment. Based on the understanding that applications are continued on a regular basis, this range is to be expected and falls between a four and five month average processing time. The overall processing time does not appear to be extremely long, especially considering the 30 day public notice requirements. Finding: Average processing times for land use boards range between 112 and 149 days. 5. SUMMARY OF FINDINGS AND RECOMMENDATIONS There were multiple findings and recommendations presented in this Chapter. The following table summarizes the findings and recommendations discussed. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 25 Timeliness Findings and Recommendations Building Department Findings: • All permits are required to be processed by walk-thru or drop off review, including applications that do not require plan review. This results in increased customers conducting in- person application submission, review, and permitting. • Permit Clerks do not collect application review and permit fees, creating extra tasks in the process for customers and staff. • Not all reviewers are available for walk-thru permit review, most notably Urban Forestry and Parking, requiring the customers to drop off plans or go to other locations for review and approval. • Walk thru reviewers are not as efficient as possible due to the fact that they must wait on customers to finish with other reviewers. • The current drop-off process adds approximately two days to the review timeline since applications are digitized by a contractor. This approach also contributes to inefficiencies when the permit is issued and compiling the approved plan set. • Issues may periodically arise related to lost or misplaced plan sets or individual sheets of plans sets due to outsourced digitization. Other issues may arise due to scanned plan sets not being stored in the permitting software and linked properly with the permit file. • Applicants are sent a link to pay permit issuance fees online, which is efficient and effective. • The Building Department regularly updates their standard operating procedures and generally includes most processes and procedures completed by the Building Department. • A standard operating procedure should be created to cover the walk-thru permitting process. • Adopted standard operating procedures do not negatively impact the timeliness of the development review process. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 26 • The average review time for all review entities is 6.20 days for drop-off permits. • With the exception of Public Works, each review entity averages less than 10 days for review. • The top three highest review processing times and their percentage of applications reviewed are: Public Works 12.73 days and 7.9%; Planning 9.92 days and 18.1%; and Urban Forestry 8.42 days and 2.0% of the reviews completed. • For all building permit applications, the average review time was 2.68 days, including walk-thru permits. • In reviewing sample comment letters, some applicants do not fully address all comments upon resubmittal. This is increasing the number of resubmissions, especially since the applicant may only address one or two specific review areas upon each resubmission. This increases the overall time from initial application to permit issuance. Planning Department Findings: • Application types that can be approved by Planning staff versus a land use board impacts the review timeline. An in-depth analysis is provided in Task 2 and 4 of this study. • The 30-day public notice publication requirement is in excessive of the minimum requirement prescribed in Florida State Statute, which may increase the processing time for land use board applications. • The Planning Department does not have adopted standard operating procedures and defaults to the adopted City codes and ordinances. (Note: The Planning Department is in the process of developing standard operating procedures with the intent to adopt in the Fall of 2019.) • Average processing times for land use boards range between 112 and 149 days. Recommendation: • Conduct public hearings for land development regulation text amendments once per quarter (initially) versus the current philosophy of conducting hearings at will throughout the year. A three year goal would be to conduct public hearing for land development regulation text amendments twice a year. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 27 3. Decisiveness and Authority This task of the study includes the following scope of work: 1) Review of roles and responsibilities as authorized in the City of Miami Beach Code and Florida Building Code. 2) Summary of the delineated roles and responsibilities of decision-makers in the development process, with an indication where, based upon industry best practices and practices from comparable entities, alternatives may warrant consideration. This section focuses primarily on the role of staff in the review, processing, and inspection of applications and permits and identifies potential changes in roles and responsibilities that would streamline the process for applicants without compromising review quality. Note that this section focuses primarily on roles at the staff level. Task 4, “Charter Requirements versus Legislative Authority versus Delegated Authority” will examine in more depth the roles of the boards and commissions versus staff in Miami Beach and in comparable entities. 1. PLANNING APPROVALS (1) Planning Staff Planning Department staff estimate that 90% of projects require approval from at least one land use board: the Planning Board, Historic Preservation Board, the Design Review Board, or the Board of Appeals. As a result, for planning approvals the majority of staff time is dedicated to managing projects through this process. While different staff within the Planning Department are allocated to different boards, their roles are typically similar: • Conduct a preapplication meeting with applicants to go over project requirements and ensure that the correct application is being made • Take in applications for the board and shepherd the applications through plan distribution and public notification • Review the applications in detail and prepare staff memos outlining the project, key issues, and make recommendations based on the city’s existing regulations and on precedent. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 28 • Prepare follow up documents related to Board decisions, including drafting detailed Conditions of Approval for projects that are approved. • Manage ancillary processes including appeals. For projects that do not require review by a Land Use board, Planning staff review the project as part of the building permit review process (discussed in the next section). (2) Other Departments If projects require a Transportation Study, it is expected to be completed prior to the project being submitted for Planning board review. Applicants work directly with the Transportation Department to learn about what is required to have these studies completed. Beyond this role for Transportation, most departments outside of Planning have minimal involvement in the Planning review process and are often unaware of projects that are being considered by the City’s land use boards. In the Consultants’ experience, the limitation of review to Planning staff differs significantly from the approach taken by most cities and towns nationally and within Florida. More typically, a Planning process includes review and input from a number of other departments, including: • Public Works (stormwater planning, public infrastructure impacts) • Engineering (erosion and sedimentation controls) • Transportation (traffic impacts) • Urban Forestry (impacts on tree canopy) • Fire (hydrant and truck access) Because Miami Beach is fully built out and all new construction is either infill development or alterations to existing structures, involvement of other departments and disciplines during the planning approval stage is less critical than it would be in a location where new infrastructure is being developed concurrently with new developments. That said, the fact that these other disciplines are only brought in after planning approvals have been obtained, can lead to unexpected issues at the building permit stage that will delay a project or require a re-design of architectural drawings. Because the development community input for this assessment has not been provided, it is unclear whether the lack of involvement of outside departments has led to delays or required project changes once a building permit is applied for. This information should be sought as part of the stakeholder input phase of this project. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 29 Finding: In Miami Beach, many review disciplines that typically review projects during the Planning approval stage are not brought in until the Building Permitting phase. Recommendation: Other review departments should receive notice regarding projects being reviewed by the four Planning Boards and be provided an opportunity to “opt in” to commenting or providing recommended conditions of approval. Finding: Applicants are expected to identify the “correct” land use board prior to attending a pre-application meeting and then meet with the appropriate planning staff; no other staff are present. Scheduling of the meetings is initiated by the applicant electronically. Under best practices, the pre-application process is the point at which an applicant can present preliminary ideas about a project and obtain input from a wide range of city employees about the different issues that they need to consider, what approvals will be required, and an overview of the approval process. Because the preapplication process in Miami Beach involves a much narrower group of staff, applicants do not have an opportunity to be educated about a range of potential issues that may impact the project feasibility, cost and design. In addition, applicants who lack the experience to know which board will be approving the project may face a frustrating process before they can even schedule a preapplication meeting. To improve the user-friendliness of the Planning approval process, the Planning Department should move to more generic and widely attended pre-application meetings. These meetings should be held on set days, and include at least one attendee from building and one from public works. Other representatives should attend depending on the proposed project type and expertise required. At the conclusion of the meeting, the staff member should write a memo providing preliminary, but non-binding feedback, to the applicant on potential issues affecting the project including planning issues and also floodplain, urban forestry, parking, infrastructure, and fire requirements that should to be considered at the site plan stage of the project. Recommendations: Expand participation in pre-application meetings and use them as an opportunity for broad input from the City on all issues potentially affecting a project. Do not require applicants to identify what board their project is subject to before attending the preapplication meeting. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 30 Include other review agencies in the Planning review, and where possible, identify and ensure resolution of issues that could otherwise potentially delay or derail a project once it reaches the building permit stage. As noted earlier, Planning staff estimate that 90% of their projects are subject to approval by one of the four land use boards. While this is notable, it is also important to recognize that one reason for this is that many projects that appear to meet the city’s land use code are not reviewed by Planning and Zoning until they submit for a building permit. At that point, applicants must submit not just site plans, but complete architectural drawings, mechanicals, environmental calculations, etc. A subset of projects may benefit from requiring a staff-level Planning approval *prior* to applying for a building permit so that any issues that would affect the property’s location on the site, scale, or orientation would be addressed before the applicant spends thousands of dollars on detailed architectural drawings. Finding: Planning and zoning review is often conducted at the building permit stage, after the applicant has already prepared detailed architectural drawings, even though planning and zoning comments may require site changes that would require that these drawings be re-done. Recommendation: Consider requiring staff-issued Planning permits for some complex projects that don’t require Board approval but that do require staff review to ensure that all site issues are addressed prior to architectural review. 2. BUILDING APPROVALS The Building department has a total of 87 staff, as listed below: Position Title # of staff Administrative Services Manager 1.00 Building Records Manager 1.00 Office Manager 1.00 Permit Clerk II 1.00 Senior Systems Analyst 1.00 Building Operations Manager 2.00 Special Projects Coordinator 3.00 Office Associate III 4.00 Office Associate V 4.00 Office Associate IV 6.00 Permit Clerk I 18.00 Building Director 1.00 Deputy Building Director 1.00 Assistant Director 1.00 Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 31 Position Title # of staff Government Compliance Coordinator 1.00 Financial Analyst / Financial Analyst I 1.00 Building Inspector 1.00 Chief Bldg Code Comp Officer 1.00 Chief Electrical Inspector 1.00 Chief Roofing Inspector 1.00 Chief Mechanical Inspector 1.00 Chief Plumbing Inspector 1.00 Engineer 1.00 Mechanical Inspector 1.00 Building Code Compliance Officer 2.00 Electrical Inspector 2.00 Chief Structural Engineer 3.00 Senior Mechanical Inspector 3.00 Senior Electrical Inspector 4.00 Senior Plumbing Inspector 5.00 Senior Building Inspector 13.00 DIVISION TOTAL 87.00 Unlike with Planning, the Building approval process involves numerous entities within the City of Miami Beach, as well as (potentially) county and state agencies. These include staff that are not part of the Building department. The Building permit review process serves as the filter through which numerous other, non-building related requirements are checked. The following table lists all City Departments and Divisions that are involved in the building permit review process. Entities Involved in Building Permit Review Building Department Urban Forestry Electrical Environmental Mechanical Public Works Plumbing Fire Department Structural Flood Review Planning and Zoning Parking Planning – Landscape Environmental Resource Management (Miami- Dade County) As a result, a total of 13 City reviewers are potentially tasked with reviewing each building permit. This is a varied group of reviewers, whose primary task may not be to review development applications. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 32 There are opportunities for cross-training and synergies between review entities to reduce the number of staff who may need to review a permit application. Cross-training staff to perform a wider variety of permit review will reduce the number of separate comments the applicant will receive, along with the number of reviews being completed. For example, if Landscape staff are evaluating compliance with the landscape code, they can also review for Urban Forestry regulations, or Planning review for parking ordinances. These synergies will consolidate the number of reviewers and better coordinate comments, as there will be fewer comments received and there will be less chance of conflict between similar review entities. Finding: The number of different review disciplines at the building review stage, and the siloed approach to building review, places a burden on the applicant to resolve conflicts among review comments and meet a broad range of requirements without any centralized review to ensure that these comments are consistent and coherent. Recommendation: Cross-train reviewers to review similar but multiple disciplines. Reduces the number of individual departments reviewing building permit applications. Because of the many different disciplines that conduct reviews in the building permitting process, it is important that the clerical staff have a good understanding of the requirements of the different disciplines. Instead, in interviews it was repeatedly emphasized that these staff “are building employees” and they were not trained or expected to understand the requirements of other disciplines. In the subsequent chapter we discuss the need for greater gatekeeping of applications to reduce resubmittals, including ensuring all comments have been addressed before an application is accepted. For this to occur, it is critical that the staff involved in intake have greater training and greater authority over the process and distribution of applications. This may require reclassification of these positions, as well as significant additional training. However, the result will be staff that can help manage the entire review process, reduce the number of applications that need to be resubmitted, and ensure that resubmissions are accurate. Recommendation: Cross-train administrative staff responsible for the intake and routing of applications and plans so that they develop an understanding of the disciplines involved. Expand their responsibilities to include conducting completeness checks at the intake of both, initial applications and resubmittals. The following table provides a summary of key findings and recommendations in this Chapter: Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 33 Decisiveness and Authority Findings and Recommendations Planning Department Findings: • In Miami Beach, many review disciplines that typically review projects during the Planning approval stage in other communities, are not brought in until the Building Permitting phase. • Applicants are expected to identify the “correct” land use board prior to attending a pre-application meeting and then meet with the appropriate planning staff; no other staff are present. Scheduling of the meetings is initiated by the applicant electronically. • Planning and zoning review is often conducted at the building permit stage, after the applicant has already prepared detailed architectural drawings, even though planning and zoning comments may require site changes that would require that these drawings be re-done. Recommendations: • Other review departments should receive notice regarding projects being reviewed by the four Planning Boards and be provided an opportunity to “opt in” to comment or provide recommended conditions of approval. • Expand participation in pre-application meetings and use them as an opportunity for broad input from the City on all issues potentially affecting a project. Do not require applicants to identify what board their project is subject to before attending the preapplication meeting. • Include other review agencies in the Planning review, and where possible, identify and ensure resolution of issues that would otherwise potentially delay or derail a project once it reaches the building permit stage. • Consider requiring staff-issued Planning permits for some complex projects that don’t require Board approval, but that do require staff review to ensure that all site issues are addressed prior to architectural review. Building Department Recommendations: • Cross-train reviewers to review similar but multiple disciplines. Reduces the number of individual departments reviewing building permit applications. • Cross-train administrative staff responsible for the intake and routing of applications and plans so they develop an understanding of the disciplines involved. Expand their responsibilities to include conducting completeness checks at the intake of both initial applications and resubmittals. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 34 4. Process Analysis This task of the study included analysis of the following three components: 1) Analyze opportunities to streamline the process and eliminate redundancies while safeguarding neighborhood quality of life and historic preservation. 2) Examine the roles of each land use board, City Commission, and staff. 3) Review current process flows and roles responsibilities of each land use boards, City Commissions, and staff in making decisions regarding development applications. Secondly identify opportunities to streamline roles and authority levels to increase efficiency in the process, while maintaining internal controls, and safeguarding quality of life and historic preservation As part of this task, the project team met with representatives from both the Building and Planning Department to map their development application review and approval processes. Process flow diagrams are provided in Appendix A of this report. It should be noted that subtasks 2 and 3 of this chapter include examining roles of each land use board, City Commission, and staff, along with authority levels within the process. Both of these items were included as separate Tasks as part of this study. This chapter will address roles and authority levels where necessary related to the development review process, but an in-depth analysis, findings, and recommendations are included in respective chapters of this report. 1. ANALYSIS OF BUILDING DEPARTMENT PROCESSES This section of the report will analyze the current development review process for both Building and Planning Department operations. Analysis and recommendations will focus on opportunities to streamline the process for both the customer and staff. First, the project team analyzed Building related processes, which includes other review entities. (1) Analysis of the Drop-off Plan Review Process. The first issue with the current building permit review drop-off process, is that the entire application process is paper-based. However, for drop-off permit applications, the Building Department contracts with a third-party that digitizes each plan set. The digitized plan sets are then reviewed electronically and the permit and approved plan sets are issued electronically. When the project team asked the reason why applications are paper based, but the review and permit are issued electronically, Building Department staff indicated they had concerns related to ensuring the integrity of architectural and engineering electronic seals. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 35 Based on the concern of architect and engineering electronic seals, the project team reviewed Florida state statute and other municipalities that accept digital building permit applications. During the project team’s research, the following communities confirmed they accepted electronic plan submittals and signatures. • Clearwater, FL • Lee County, FL • Orlando, FL • Ormond Beach • Volusia County, FL • West Palm Beach, FL For each jurisdiction, with the exception of Orlando, the project team reviewed detailed instruction for the applicant on how to submit electronic plan set. Additionally, information was provided on how to properly sign and seal electronic plan sets. Moreover, the project team reviewed a publication by AIA Florida entitled: “Building Department Guide to Creating and Processing Electronic Construction Documents” which discussed in detailed how to properly sign and seal electronic plan sets and what is required for both the applicant and building department. This document was developed by AIA Florida in conjunction with Building Official Association of Florida and Florida Engineering Society. This document is provided as Appendix B of this report for reference. In order to improve the efficiency of the process and to reduce potential issues with scanning of plan sets, the Building Department should transition to electronic plan submittal. Implementation should be through a phased approach, as plan reviewers currently review plan sets electronically. Transitioning to electronic plan submissions would further reduce the time associated with plan review, by removing the two days associated with digitizing drop-off applications. Furthermore, it would remove several steps in the drop-off plan review process, including: • Applicant paying fees at a separate counter/workstation, as they would pay online at time of submission. • Clerk inputting application information in EnerGov, applicant would do this as part of uploading application to software system. • Eliminate all steps related to scanning: note out to scan in EnerGov and on M Drive, send plans out to scan, receive scanned plan set and upload to M Drive, copy link and paste in EnerGov. • At permit issuance, clerks would not be required to copy application to backup file, paste to DropBox link, or send link to applicant. This would be automatically completed in EnerGov. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 36 Transitioning to electronic plan submittal would eliminate numerous steps for staff and eliminate the need for the applicant to physically drop-off the application and accompanying plan sets. This would reduce the volume of customers who visit the permit center and create a more efficient process and workflow. Additionally, it would reduce the workload for permit clerks who are responsible for the intake and processing of applications and plan sets by reducing the physical handling of the plan sets and sending out for digitization. Furthermore, it would reduce the potential for challenges associated with the digitization process, such as poor scan quality, incomplete scanning, and storing the scanned plan sets on the M Drive versus in the EnerGov software system. Recommendation: Transition to digital application and plan set submission for the Drop-off Building Permit Process. (2) Analysis of the Walk-Thru Permitting Process. The walk-thru permitting process provides applicants with the ability to obtain a permit at the time of application of submission. The applicant is responsible for “walking thru” their building permit application between respective reviewers and if all reviews are passed they will receive a permit upon the payment of applicable permit fees. While a vast majority of permit types can be reviewed and permitted as a walk-thru permit, several operation challenges were noted with the walk-thru process: • Applicants may include multiple sheets, but only have certain one reviewed, then switch out sheets after permit approved. As a result, applicants have degraded the integrity of the process by trying to game the system. This may be a result of reviewers signing off on a cover sheet versus individually signing each individual plan sheet. • Some departments are not available to conduct walk-thru permit reviews (e.g. Urban Forestry, Parking, and Transportation). • The number of customers that come each day varies greatly, creating inefficiencies for staff. Impact is most notable for drop-off plan reviews, which are generally completed after walk-thru applications. • Applicant cannot pay for the application or permit fees with staff and must go to a separate kiosk. • The wait time for application review varies greatly for the applicant. Additionally, reviewers often work well past lunch to complete walk-thru applications for that day. The current walk-thru process provides the ability for the applicant to receive a permit the same day as application. However, due to the volume of applications that are reviewed Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 37 as a walk-thru process, the efficiency and effectiveness of the review process has suffered. In order to better streamline the process and increase efficiency for reviewers, the application process should transition to electronic application and plan submission. As part of the conversion to electronic application submittal, the walk-thru process would transition to a 24-hour or next business day processing. Benefits of going to online application submission would include: • Reduce the influx of applicants to City Hall. • Allow review staff to manage their daily tasks more effectively, as they will know what applications they have to review each day. • Potentially reduce the number of reviewers who may have to review the application. • Allow incorporation of Urban Forestry, Parking, and Environmental into the former walk-thru process. • Remove steps of Permit Clerks inputting application information into the EnerGov system. • All applications fees are paid online versus as a separate step in the walk-thru process. • Applicants can submit at their leisure and not rush to make it to City Hall before the counter closes. • Reduce in-person wait times for applicants. However, there are challenges associated with going fully to an online application submittal. For example, some homeowners may not have access to the online submission portal, or not know how to use the system. Secondly, it may be more difficult for applicants to understand reviewer’s written comments versus verbal discussion that currently takes places. In order, to make the transition process more efficient and effective, the following items should occur when the walk-thru process transitions to electronic submittal. • Provide computers at the permit counters so homeowners may come to City Hall to upload their applications. Recommend establishing hours when Permit Clerks are available to assist. • Work with Finance Department staff to develop procedures to maintain payment acceptance by Finance Clerks. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 38 • Develop an online FAQ to guide customers through the online submission process. Similar to the CAP and IVR Training Manual located on the Building Department’s website. • Set office hours, where reviewers are readily available and accessible to meet with applicants. E.g. each day between 8 and 9 a.m. • Provide workshop style trainings for applicants to attend to understand how to submit applications electronically. • Hold meetings with the development communities to explain why the change in the walk-thru process and how the new process will work. • Set tangible performance goals that ensure applications are reviewed next business day. E.g. all applications received by midnight will be processed the next business day. Incorporating the above changes in conjunction with the electronic application submittal for permits that are currently being processed via walk-thru, will allow for more efficient operations. This will result in reduced turnaround times for drop-off permit applications and less waiting time for applicants. Additionally, there will be an electronic record of the permitted plan set, which is currently not the case. Recommendation: Transition the current walk-thru permitting process to an electronic application submission that is reviewed the next business day. (3) Modification to the Temporary Certificate of Occupancy Process. During discussions with Building Department staff, it was determined that a significant number of permits request a temporary certificate of occupancy (TCO). While the project team did not review the actual number of TCO’s requested and subsequently issued, it was clear that staff believed that the vast majority of permits requested a TCO, including single family residential. The process of obtaining a TCO is straightforward and is consistent with best practice. However, the enforcement of TCO’s require significant work by staff (and applicant), since they expire after 90 days, and must be renewed, if a final certificate of occupancy has not been obtained. The intent of a TCO is to allow the building occupant to partially move in, or for staff to train while the building is in the final stages of construction. All life safety and parking requirements are to be fulfilled and maintained in order to receive a TCO. A TCO is to be a “temporary” solution while the finishing touches are being completed. In the project team’s experience, a TCO length of 90 days is robust, as many jurisdictions limit TCO’s to 30 days. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 39 The enforcement of TCO conditions falls on code enforcement and inspection staff, the associated workload does impact Permit Clerks and their efficiency. It is recommended that the Building Department and City examine ways to reduce the number of TCO’s. A reduction in TCO’s may be achieved by shortening the number of days the TCO is valid, increase the renewal fees for subsequent renewals, or modify what is allowed under a TCO. A reduction in the number of TCO’s issued and/or renewed will allow for a more effective and efficient staff and increased tax revenue. Note: During the course of this study, the Building Department started to require additional paperwork on the second renewal of the TCO. Recommendation: Examine ways to reduce the number of temporary certificate of occupancies issued. (4) Require Applicants to Address All Comments Before Resubmittals. As part of Task 1 of this study, the project team reviewed the number of resubmittals for each application. Findings concluded that the average number of resubmittals and subsequent reviews by each review department was very reasonable. The average number of submittals per application was 2.08 when averaged for all review entities. When analyzing a subset of review comments received, it was clear that applicants were resubmitting multiple times, but only addressing specific subset of comments. For example, the resubmission may only address Planning’s comments, but not Urban Forestry, Public Works, and Electrical. This approach kept the average number of reviews by some review entities down, but the total number of submittals were higher. When applicants only address partial comments, it results in an increased number of resubmittals, which impacts the number of times staff must interact with the applicant and ultimately review the plan sets. If the applicant was required to address all comments upon resubmittal, this would reduce the total number of resubmittals. Note: Sometimes comments may not be addressed until other components of the plan set are approved. However, the applicant should be required to make an honest attempt at addressing all comments before a resubmitted application is accepted. In order for this recommendation to be implementable, the following steps must occur. • Update Building Department standard operating procedures that require the applicant to address all comments before resubmitting. • Develop a two column checkbox system on the comment letter for the applicant to verify they have addressed the comment. • Add a notes field in the comment letter so the applicant may annotate where the correction occurred within the plan set. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 40 • As part of transitioning to electronic plan submission and resubmission, allow the applicant the ability to indicate which comments were addressed and what entities need to be reviewed. At the permit issuance phase, staff must compile the approved plan set for issuance. Due to the applicant submitting multiple versions of their plan set and submitting individually corrected plan sheets, it is time consuming to compile the final plan set. During interviews, staff indicated that depending on the size of the project, compiling the approved plan set takes between 30 and 60 minutes. This is a significant time expenditure related to pulling together an approved plan set. Requiring all comments to be addressed at resubmittal will help ensure a more efficient workflow and reduce the total number of resubmittals. Recommendation: Update policies and procedures to require all comments to be addressed at the time of resubmittal. (5) Require the Applicant to Resubmit Complete Plan Sets Versus Individual Sheets. Applicants are currently allowed to submit individual plan sheets at resubmittal. While this reduces the amount of paper waste associated with paper plan sets, it creates issues with reviewers approving the proper sheets. However, with the implementation of electronic plan submission, the applicant should be required to resubmit the complete plan set. This will help ensure that the final plan set is approved and reduce the number of discrepancies between submittals. Also, this will improve Permit Clerk efficiency at the end of the process where they must compile the approved plan set. Essentially removing the “compile plan set” box from the process, as the last submittal will be the final and approved plan set. Requiring the applicant to resubmit a complete plan set each time will create greater efficiencies and increase the integrity of the process. Recommendation: Require the applicant to resubmit a complete plan set upon each resubmission. (6) Reviewers Should Sign Each Plan Sheet or Indicate Not Applicable. Staff indicated challenges associated with both the walk-thru and drop-off review process, related to reviewing and approving correct plan sets or individual sheets. In the walk-thru process, the reviewer reviews the applicable plan sheets and signs off on the cover sheet. Staff indicated that applicants may hide other sheets in the plan set, have reviewers approve certain sheets, then swap out sheets once the building permit is obtained. This Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 41 results in issues at the time of inspection, with an approved plan set on the job site, but not compliant with adopted codes. Secondly, during the drop-off review process, reviewers indicated issues with voiding sheets in the software system. Resulting in challenges of what items are voided and/or what sheets are ultimately approved. This is exasperated by the fact that individual plan sheets are resubmitted versus complete plan sets. This specific issue is addressed in the prior section. To effectively address both issues, it is recommended all reviewers be required to sign off on each plan sheet. For plan sheets that do not require a respective reviewer to approve, they should indicate not applicable. This approach will ensure that all applicable reviewers have seen and approved all sheets within the plan set and remove the possibility of the applicant making changes that are not reviewed as part of a resubmittal. Recommendation: Require all reviewers to sign off or indicate not applicable on each plan sheet. 2. ANALYSIS OF PLANNING DEPARTMENT PROCESSES This section of the report will address findings and recommendations related to Planning Department processes, including the four land use board processes. The Planning Department has adopted a full electronic submission and review process for all planning specific applications and permits. Subsequently, Planning also utilizes the EnerGov software system. Many of the Planning Department recommendations relate to what permit and applications types are approved by staff versus the applicable land use board, and thus this section will focus on process issues and not approval authority, which is a dedicated chapter. (1) Land Use Boards Should Transition to Paperless Packets. The Planning Department has transitioned to fully electronic application submittals. However, for applications that go before a land use board, the applicant is required to provide 14 plan sets. This approach clearly does not reduce the amount of paper associated with the application. Also, this is more plan sets than members of each board. In order to increase sustainability efforts, the Planning Department should transition to digital board member packets. This will result in a reduction of printed materials and also reduce cost for the applicant. The City may consider purchasing tablets for each board member or ensure that monitors where public hearings are conducted are of adequate size to properly review plans sets. Additionally, this approach would reduce the City’s cost associated with couriers who deliver the paper-based packets to board members. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 42 Recommendation: Transition to electronic packets for all land use boards. (2) Modify the Land Development Regulation Text Amendment Public Hearing Process. During staff interviews it was noted that there is a significant number of land development regulation text amendments requested (21 in 2018). Staff indicated that the typical process includes two readings of any ordinance change, which is required by statue. However, it was indicated the public hearing typically occurs at the second reading of the text amendment. It is recommended to modify this practice and conduct the public hearing at the first reading of the proposed amendment. Changing the public hearing to the first reading will allow for a more efficient approach. First, the public will be able to comment on the proposed changes and allow for changes to be made before the second reading and subsequent approval. Second, this allows staff to provide feedback as well as identify issues earlier in the process. This is critical, especially if the text amendment conflicts with other sections of the adopted code. Based on the volume of land development text amendments and the complexity of the zoning ordinance, it is important to ensure proper vetting of proposed changes to avoid future conflicts within the code. While the City Commission may choose to modify the text amendment at second reading, transitioning the public hearing to the first ordinance reading will allow for greater transparency in the process. Recommendation: Conduct public hearings for land development regulation text amendments at the first reading of the ordinance. (3) Update the Land Development Code (Zoning Ordinance) to Reduce the Need to Modify the Code for Individual Projects. The Miami Beach land development ordinance provides the regulatory framework for the Planning Department for all land development matters. The project team reviewed the adopted land development code. The project team’s analysis of the land development code includes the following findings: • The land development code was last updated in 1989. • The code is robust and is very prescriptive. • There are multiple subsections of the code, which create regulatory challenges. E.g. multiple sections of the code that impact a specific parcel or geographic area. • There is a total of 37 zoning districts, plus 12 overlay districts which creates more layers of regulation. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 43 • There have been multiple modifications of the land development regulations, which creates multiple versions. Creating challenges for staff and public to keep up with adopted regulations. • The online code includes embedded hyperlinks in the text when it references other sections of the code (meets best practice). However, there are not links to the referenced ordinances at the end of each code section. The current land development code is very complex and is not straightforward for the average citizen. Due to the complexity and layering of the regulations, there is no clear place to start when trying to determine development regulations for a particular parcel or area. Furthermore, the project team’s understanding is the City’s approach to zoning, is to modify the text associated with a particular area/parcel versus rezoning a parcel or area. This adds to a number of layers and subdivisions in the zoning code. With the findings presented here, the project team recommends the land development code be holistically evaluated and updated. An updated land development code should maintain the overall intent of the current code, but simplify the codification and layers or regulations. The land development code should reflect the nature of the City, but organized in a way that promotes the clear identification of applicable codes. When developing a new land development ordinance, it is important to incorporate the following best practices: • Logically organize ordinance with a user-friendly table of contents and/or index. • Fewer zoning categories that are more broadly defined. • Ordinance provisions that are more easily understood by all users (e.g. simplify legalistic language). • Standards and processes that incentivize development in certain parts of the City. • Protections of stable residential communities from incompatible development. • An ordinance that reflects contemporary best practices, especially in areas expected to see significant development or impacts of development (e.g. sustainability, sea level rise, renewable energy, etc.). • An ordinance that incorporates current development and economic practices within the City. • Conduct adequate public input into project reviews. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 44 • Incorporate use tables to clearly identify setbacks, height restrictions, use, parking requirements, etc. • Authorize planning staff to make more decisions on minor permits and approvals based on objective criteria and conditions in the zoning code. • Consolidate building form controls into as few overlay zones as possible. • Incorporate more graphics into the zoning ordinance. • Include a strong interactive ordinance that is easily navigable in the digital environment. • Develop a frequently asked questions page for users. Incorporating many of these best practices into a new land development ordinance will provide more user-friendly land development regulations. Furthermore, it will create greater efficiencies for staff who are conducting reviews. Recommendation: Rewrite the land development regulation portion of the adopted City codes and ordinance to incorporate best practices. 3. COLLABORATION BETWEEN DEPARTMENTS As discussed previously, the majority of the heavy lifting related to development review is conducted during the building permitting stage. Building review incorporates all departments and reviewers that are potentially involved in the reviewing of permits. When a building permit is issued, the majority of the development permits are issued with the exception of some departmental specific permits (e.g. fire alarm and right-of-way/ encroachment permits). However, when these specific departmental permits are issued, they often occur well after the building permit is initially issued. During staff interviews, several recent issues were discussed related to conditions of approval granted at the building permit stage, not being incorporated or complied with when subsequent departmental permits were issued. Challenges and conflicts associated with individual departmental permits should be addressed in the following manner: • For each department specific permit, a comprehensive historic permit review should be completed for the permit location to determine if there are open planning and building permits or code enforcement violations. Second, if no open permits or actions are found, the previous site plan or building permit plan set should be reviewed to see if the proposed permit complies with previously approved permits. While this approach may require more staff time, it will reduce the likelihood of future conflicts or code enforcement violations. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 45 • Alternatively, during the planning and building permit stage, some specific departmental permits (e.g. right-of-way) permits should be issued at the same time. For example, the location and type of site egress is often reviewed and approved with the building permit. Public Works could approve and issue the right- of-way permit at the same time as the building permit. This approach would be more efficient for staff and the customer by reducing the need for an additional permit submittal and review phase. Staff should review all development related permits and determine if stand-alone permits can be issued in conjunction with Building and Planning permits. The intent of these two efforts is to provide greater accountability between all development departments, increase the service provided to applicants and reduce potential conflicts or code enforcement actions in the future. Recommendations: Develop a policy and approach that ensures that when individual departmental permits (non-Building and Planning Departments) are applied for, staff verify that the permit complies with previously approved permits. Explore what department specific permits can be issued in conjunction with Building and Planning permits instead of as stand-alone permits. 4. SUMMARY OF RECOMMENDATIONS There were multiple recommendations related to current Building and Planning Department development review processes. The following table summarizes the recommendations discussed in this Chapter. Process Related Recommendations Building Department • Transition to digital application and plan set submission for the Drop-off Building Permit Process. • Transition the current walk-thru permitting process to an electronic application submission that is reviewed the next business day. • Examine ways to reduce the number of temporary certificate of occupancies issued. • Update policies and procedures to require all comments to be addressed at the time of resubmittal. • Require the applicant to resubmit a complete plan set upon each resubmission. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 46 • Require all reviewers to sign off or indicate not applicable on all plan sheets. • Cross-train reviewers to review similar but multiple disciplines. Reducing the number of individual departments reviewing permit applications. Planning Department • Transition to electronic packets for all land use boards. • Conduct public hearings for land development regulation text amendments at the first reading of the ordinance. • Rewrite the land development regulation portion of the adopted City codes and ordinance to incorporate best practices. All Departments • Develop a policy and approach that ensures that when individual departmental permits (non-Building and Planning Departments) are applied for, staff verify that the permit is in compliance with previously approved permits. • Explore what department specific permits can be issued in conjunction with Building and Planning permits, instead of stand-alone permits. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 47 5. Charter Requirements Versus Legislative Authority versus Staff Authority This chapter examines the various authorities associated with land use and development and with the review and issuance of permits and approvals. 1. MIAMI BEACH PLANNING DECISIONS AND AUTHORITIES Authorities related to Miami Beach planning decisions are primarily found in Subpart B of the Code of the City of Miami Beach, which incorporates the City’s Charter as well as Land Use regulations. The charter includes two restrictions that limit the ability of the City to amend land use regulation: • A restriction disallowing any increase in allowed floor area beyond that already authorized on the date of the Charter Amendment and • A requirement that a majority of Miami voters must vote, by referendum, before any reduction in the duties of the Historic Preservation Board or creation of less stringent historic preservation standards and regulations. The Land Use code then defines the duties and responsibilities of the City’s Land Use boards and spells out the City’s current zoning and development requirements. Miami Beach Authorities City Charter (any changes require approval of a majority of Miami Beach voters): The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment [November 7, 2001], including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. Any change to City Code Chapter 118, Article II, Division 4, "Historic Preservation Board," or City Code Chapter 118, Article X, Divisions 1—4, "Historic Preservation," which, whether through amendment, exemption, repeal, or otherwise, reduces the powers and duties of the City's Historic Preservation Board, or creates less stringent historic preservation standards or regulations, shall, before becoming effective be approved by a majority of the voters in a Citywide referendum. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 48 Miami Beach Authorities Land Use Code Sets forth all requirements related to the development and use of property in the City of Miami Beach. Defines the structure, function, and authorities of the City’s land use boards (described in more detail below). Planning Board Applications pertaining to conditional use permits, amendments to these land development regulations, change of zoning district boundaries and comprehensive plan amendments and future land use map changes. Design Review Board To review all applications requiring design review approval for all properties not located within a designated historic district or not designated as a historic site. For works of art in public places program, the design review board shall serve as advisor to the city commission, and may impose binding criteria, as provided in chapter 82, article VII, "art in public places," division 4, "procedures." This authority shall include review and approval of design and location within public rights-of-way outside of locally designated historic districts of all wireless communications facilities as defined in chapter 104, "telecommunications," article I, "communications rights-of- way" under the standards provided therein. To authorize, upon application, variances from the terms of these land development regulations, where authorized by section 118-351(a), pursuant to the requirements in chapter 118, article VIII, of the land development regulations, as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of provisions of these land development regulations would result in unnecessary and undue hardship. Historic Preservation Board Recommend to the planning board, and city commission, the designation of historic buildings, structures, improvements, landscape features, public interiors, and historic sites or districts. Prepare and recommend for adoption specific guidelines for each designated site or district to be used to evaluate the appropriateness and compatibility of proposed alteration or development within designated historic sites or historic districts. Issue or deny certificates of appropriateness, certificates to dig and certificates of appropriateness for demolition. Recommend restoration of property to its prior condition when the property has been altered in violation of this division. To authorize, upon application, such variance from the terms of these land development regulations, where authorized when, owing to special conditions, a literal enforcement of a provision of these land development regulations would result in an unnecessary and undue hardship. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 49 Miami Beach Authorities Facilitate the redevelopment of historic sites and districts by directing the planning department, and other city departments, to provide advisory and technical assistance to property owners, applicants for certificates of appropriateness. Make and prescribe by-laws and application procedures that are reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this division. The board shall prescribe forms for use by applicants when requesting action under this division. The board may authorize any one of its members to administer oaths and to certify official documents. Award historic markers or plaques upon the recommendation of the city manager and with the consent of the city commission. Update and revise the historic properties database. Advocate that the city administration explore and advise the historic preservation board and the building officials as to alternatives available for stabilizing and preserving inadequately maintained and/or unsafe buildings or structures within the city's designated historic districts or on designated historic sites. Review all new construction, alterations, modifications and improvements to any building, structure, improvement, landscape feature, public interior or site individually designated or located within a historic district. To review any and all amendments to this Code affecting historic preservation. The historic preservation board shall serve as the city's floodplain management board for applications concerning properties within its jurisdiction. Board of Adjustment Powers: to hear and decide appeals. To authorize, upon application, such variance from the terms of these land development regulations when, owing to special conditions, a literal enforcement of a provision of these land development regulations would result in unnecessary and undue hardship. The regulations and authorities are notable in the extent to which land use approvals must be issued by public boards and commissions. In practice, staff estimate that 90% of all planning approvals require a hearing before at least one of the boards. Staff review is only available for residential properties that are not in a historic district and not replacing (in the case of new single family homes) a home built prior to 1942. The following table summarizes the primary decision making authority for land use applications. It should be noted this matrix only applies to applications that comply with the City’s Land Development Regulations. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 50 Authorities Matrix Permit Type A BOA DRB HPB PB Single Family Properties Permits for minor improvements (windows/doors/driveways/pools…) X New construction – Vacant lot not within a local historic district1 X New construction – Vacant lot in a local historic district X New construction – replacing a post 1942 home, not within a local historic district2 X New construction – replacing a home pre-1942 or older, not within a local historic district X New construction – Replacing a single-family home in a local historic district X Additions to post 1942 homes, Not within a local historic district X Additions to pre-1942 homes, not within a local historic district3 X X Additions to single-family homes, located within a local historic district4 X X Interior renovations X Exterior site improvements (driveways, pools, fences, etc.) X Exterior Building Improvements (window, doors, roofs, etc.)5 X Total Demo – Not located in a historic district, Not Pre-42 X Total Demo – Pre-42, Not located in a historic district X Total Demo – Located in a historic district X Docks, Boat Lifts and Marine Structures X Commercial/Multi-Family Properties – Not Located in a Local Historic District New construction X New construction of structures 50,000 square feet and over, commercial districts only X X Additions6 X Interior renovations X Exterior site improvements (driveways, pools, fences, etc.)7 X Exterior Building Improvements (window, doors, roofs, etc.)8 X Modifications to storefronts or building façade (New openings) X X Conditional Use Permits X Docks, Boat Lifts and Marine Structures X Commercial/Multi-Family Properties – Located in a Local Historic District New construction X New construction of structures 50,000 square feet and over, commercial districts only X X 1 Variances require BOA. Waivers Require DRB. Variances and Waivers require DRB 2 Variances require BOA. Waivers Require DRB. Variances and Waivers require DRB 3 These additions may require DRB approval depending on the addition’s orientation on the site and the design. 4 These additions may require HPB approval depending on the addition’s orientation on the site, size and design. 5 When located in a local historic district, the proposed improvements must follow the Design Guidelines or obtain HPB approval 6 Minor additions may be approved administratively, depending on size and location on the site. 7 Pools that are visible from the street may require DRB approval 8 The proposed improvements must follow the Design Guidelines or obtain DRB approval Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 51 Permit Type A BOA DRB HPB PB Additions9 X Restoration X Interior renovations (excluding public interiors) X Renovation or modifications to public interiors X Exterior site improvements (driveways, pools, fences, etc.)10 X Exterior Building Improvements (window, doors, roofs, etc.) X Modifications to storefronts or building façade (New openings) X Conditional Use Permits X Docks, Boat Lifts and Marine Structures X A= Administrative, BOA= Board of Adjustment, HPB= Historic Preservation Board, PB= Planning Board After reviewing the above authority matrix, the project team identified several permit types that should be reviewed and ultimately approved by staff: Single Family Properties: • New construction – replacing a pre-1942 home, not within a local historic district; • Additions to pre-1942 home, not within a local historic district; • Total demolitions of a pre-1942 home, not located within a local historic district. Commercial/Multifamily Properties Located in Local Historic District • Renovation or modification to public interiors. As discussed elsewhere in this report, the new construction/modification of a single family home, especially if built pre-1942, can be a cumbersome task, as it must go to the DRB. However, for vacant lots (non-historic district) or additions for post-1942, staff can review and approve the application. The project team recommends that all single family homes not requiring a variance, and not located in a historic district, be reviewed and approved by Planning Department staff. This includes demolition of pre-1942 homes. Also, commercial properties located in a local historic district, the interior of the building should be modified/renovated without having to go before the Historic Preservation Board. Interior modifications/renovations should be a staff review and approval. This is discussed in greater detail in Best Practice Comparison section. Recommendation: Modify the approval authority for single family homes constructed pre-1942 and not located in a local historic district. Staff should have the authority to review and approve these permit types. 9 Minor additions may be approved administratively, depending on size and location on the site. 10 Pools that are visible from the street may require HPB approval Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 52 2. MIAMI BEACH BUILDING DECISIONS AND AUTHORITIES Construction codes in Florida are relatively standardized, and the City of Miami Beach’s building permitting focuses largely in the enforcement of these codes, as codified in the Florida Building Code. As noted in the analysis related to Task 3, Process Analysis, there are numerous entities involved in the review of building permits. In most cases, the involvement of specific divisions results from operational decisions and is not statutory; although there are exceptions – for example, projects over a certain value. Under regulations drafted by the city, the Parking division must conduct an evaluation of the contractor’s plans to address parking needs and the plan must receive signatures from two entities within division to be approved. 3. OTHER COMMUNITIES The consultants examined the legal authorities in the following communities in Florida. • Fort Lauderdale • Aventura • Hollywood • Coral Gables Based on our review, it appears none of these communities had charter provisions that require a charter amendment or referendum to make changes in the Land Use requirements or authorities. The tables below summarize the land use regulatory and organizational framework of the other communities in this assessment: (1) Fort Lauderdale A notable distinction between Fort Lauderdale and Miami Beach is the existence of a Development Review Committee (DRC), which is a staff-level committee representing not just Planning and Zoning but other disciplines across the city. This committee conducts reviews of some projects that are not required to be reviewed by a land use board. The DRC model is common in Florida and nation-wide. Typically the DRC will not only oversee some staff level reviews but will pre-screen applications before they go to a land use board to ensure that environmental, infrastructure, and other issues are properly addressed in by the application. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 53 Another important distinction is that in Fort Lauderdale, the roles of the different boards are based largely on function. As a result, projects may go to more than one board. For Fort Lauderdale Description Scope Development Review Committee City staff representing various City departments and divisions including Urban Design and Planning, Engineering, Transportation, Sanitation, Police and Fire, among others who provide their respective discipline’s input regarding development applications subject to the development review provisions of the City’s Code. New Nonresidential greater than 5,000 SF Residential 5 units or more Nonresidential use within 100’ of residential property Redevelopment proposals (if threshold met) Change in use (if greater impact than current use) Planning and Zoning Board Conditional use permits Parking reduction Flex allocation Cluster development Modification of yards (RMM-25, RMH-25, RMH-60) Waterway use (some exceptions) Board of Adjustment Receive and hear appeals in cases involving the ULDR Hear applications for temporary nonconforming use permits, special exceptions and variances to the terms of the ULDR, Grant relief where authorized under the ULDR. Hear, determine and decide appeals from reviewable interpretations, applications or determinations made by an administrative official in the enforcement of the ULDR, as provided herein. Historic Preservation Board Regulating any alterations, demolitions, relocations, adaptive use and new construction to designated property by issuing certificates of appropriateness. City Commission Rezoning Right-of-way vacation Plat approval Public purpose use Land use amendment Specified development, yard modifications in certain beach districts Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 54 example, a project in a historic district may need a Conditional Use permit from the Planning and Zoning Board, a Certificate of Appropriateness from the Historic Preservation Board, and a variance from the Board of Adjustment. While this may appear more cumbersome, it is a more common approach than Miami Beach’s, where the different boards (especially HPC and DRP) have very similar scopes of responsibility and where both are responsible for variances. An outline of how the Fort Lauderdale process works is provided in the graphic below. Fort Lauderdale Land Use Review Process (2) Aventura In Aventura, the only Land Use regulatory body is the City Commission. A significant amount of planning review appears under the jurisdiction of staff, with conditional use, plat approvals, special exceptions, and rezones going to the Commission. The City Commission also serves as the Board of Appeals and hears variances. There is no Historic Preservation Board. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 55 Aventura Planning Staff Review anything not under the jurisdiction of the City Commission. City Commission City Commission acts as the designated land use agency for Aventura. There is no separate Planning and Zoning Board. Variances. Conditional use approvals. Plat approvals. Site-specific rezonings. Special exceptions. Any other site specific development approval determined to be quasi- judicial by the City Attorney. (3) Hollywood Similar to Fort Lauderdale, Hollywood has a staff level advisory committee (in this case called the Technical Advisory Committee) which conducts administrative reviews of projects that do not require board review. Hollywood does have a Historic Preservation Committee, which as in Miami Beach is responsible for all land use decisions within the Historic District, including variances. Hollywood Description Scope Technical Advisory Committee Staff committee with representatives from the following administrative departments/divisions of the city: Police Department, Fire Department, Public Utilities, Department of Planning and Development Services, Engineering Division, Public Works, Parks, Recreation and Cultural Arts, Code Enforcement, and other divisions of the city administration as determined by the City Manager. Conducts administrative reviews of site plans and other projects that don’t require Planning Board review. Planning and Development Board Nine members and a non-voting member of the Broward County School Board All developments/projects that require Variances, Special Exceptions, Design and/or Site Plan approval outside of Historic District(s) and Historic Sites Description Scope Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 56 Hollywood Description Scope Historic Preservation Board The Board shall be composed of seven members and two alternates. Issue or deny Certificates of Appropriateness for projects in districts that are within locally designated sites or districts or projects that are listed on the National Register of Historic Places in accordance with procedures specified in this section; d. Consider petitions relating to Variances for properties within historic districts and historic sites; e. Facilitate the redevelopment of Historic Sites and Districts by directing the Office of Planning, and other city departments, to provide advisory and technical assistance to property owners and applicants for Certificates of Appropriateness; f. Make and prescribe by- laws and application procedures that are reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this section. City Commission • Text amendments to the Zoning and Land Development Regulations; • Petitions for change of land use designation and/or zoning district. (4) Coral Gables Coral Gables also has a Development Review Commission although the vast majority of projects must be referred on to a Board or Commission for review; relatively few items appear to be decided at the staff level. Coral Gables has a Board of Architects that reviews both Planning and Building permits and regulates a broad range of decisions including paint colors and other design elements for all City projects. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 57 Coral Gables Description Scope Development Review Commission Administrative and technical committee that provides input on technical issues raised by a development project for consistency with policies established by the City Commission, specifically the Zoning Code and the City Code. The DRC is composed of representatives from the following disciplines: Planning and Zoning, Building, Fire, Police, Public Services, Historical Resources, Parking, Public Works, and other departments as determined by the City Manager. See below Board of Architects The Board of Architects was created to ensure that the City’s architecture is consistent with the City’s regulations and to preserve the traditional aesthetic character of the community. Planning and Zoning Board See below. Board of Adjustments Issues variances for all projects. Historic Preservation Board Issues certificates of appropriateness for projects involving designated historic structures. Coral Gables Land Use Reviews Type of Application Required Reviews Staff/ DRC Review Bd. of Arch. Planning and Zoning Board City Commission Abandonment and Vacations ü ü ü Annexation ü ü ü 2 hearings Comprehensive Plan Map Amendment ü ü ü 2 hearings Comprehensive Plan Text Amendment ü ü ü 2 hearings Conditional Use - Administrative Review ü Conditional Use - Public Hearing Review ü ü ü ü 2 hearings Coral Gables Mediterranean Architectural Design Special Locational Site Plan Review ü ü ü ü 1 hearing (Resolution) Development Agreement ü ü ü 2 hearings Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 58 Coral Gables Land Use Reviews Type of Application Required Reviews Staff/ DRC Review Bd. of Arch. Planning and Zoning Board City Commission Developments of Regional Impact (DRI) ü ü ü ü 2 hearings DRI -Notice of Proposed Change ü ü ü ü 2 hearings Mixed Use Site Plan ü ü ü ü 1 hearing (Resolution) Planned Area Development Designation and Site Plan or Major Amendment ü ü ü ü 2 hearings Restrictive Covenants and/or Easements ü Resolution: 1 hearing Ordinance: 2 hearings Separation/ Establishment of a Building Site ü ü ü ü 2 hearings Site Plan Review ü ü ü ü 2 hearings Subdivision Review for a Tentative Plat and Variance ü ü ü 2 hearings Transfer of Development Rights Receiving Site Plan Application ü ü ü ü 2 hearings University Campus District Modification to the Adopted Campus Master Plan ü ü ü ü 2 hearings Zoning Code Map Amendment ü ü ü 2 hearings Zoning Code Text Amendment ü ü ü 2 hearings The City does offer an expedited Board of Architects/Historic review of single family homes for projects that don’t require planning approval. This process is summarized in the following graphic: Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 59 Coral Gables Expedited Single Family Review 4. CONCLUSIONS AND RECOMMENDATIONS Miami Beach’s approach to land use differs from other communities in three ways: • Non-planning staff have very little involvement in reviewing Planning and Zoning projects to ensure that designs are consistent with the city’s infrastructure, transportation, natural resource, and other requirements that, while not strictly part of the land use code are important to consider early in the project process. • The vast majority of projects require board approval, with as few as 10% being approvable at the staff level. • The land use boards all have similar responsibilities, especially in their ability to issue variances. The jurisdiction of a board is more dependent on whether the Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 60 property is deemed historic or not. In most other communities, a historic commission would focus only on specific issues related to historic preservation (architecture, design, etc.), while either staff or another board would look at use, variances, etc. This can be an issue especially with variances, which should only be issued in cases where there is a true hardship associated with a property that makes strict adherence to the city’s land use regulations impractical. The fact that three boards routinely hear and issue variances indicates that variances may be being used to get around difficult elements of the land use code – not an appropriate use of this mechanism. While in some cases there are good reasons for Miami Beach to take a different approach, the above findings to lead to recommendations for alternative approaches to be considered to streamline the permitting process. These are detailed below. Recommendations: Implement a Development Review Committee of staff responsible for transportation, public works, floodplain management, urban forestry to participate in pre-application meetings and review projects before they are seen by the community’s Land Use board. Conduct a review of project types to identify more projects that can be approved at the staff level without Board review. Single family residences, in particular, should be fast tracked with staff review, if possible. Consider moving the authority for issuing variances to the city Board of Adjustment so that the Land Use boards responsible for determining compliance with regulations are not also responsible for issuing variances. 5. SUMMARY OF RECOMMENDATIONS The following table summarizes the recommendations discussed in this Chapter. Authority Related Recommendations Planning Department • Modify the approval authority for single family homes constructed pre-1942 and not located in a local historic district. Staff should have the authority to review and approve these permit types. • Implement a Development Review Committee of staff responsible for transportation, public works, floodplain management, urban forestry to participate in pre-application Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 61 meetings and review projects before they are seen by the community’s Land Use board. • Conduct a review of project types to identify more projects that can be approved at the staff level without Board review. Single family residences, in particular, should be fast tracked with staff review, if possible. • Consider moving the authority for issuing variances to the city Board of Adjustment so that the Land Use boards responsible for determining compliance with regulations are not also responsible for issuing variances. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 62 6. Best Practice Comparison Under this task, the project team was charged with identifying model cities that balance development and preservation in a streamlined and efficient manner. Based on a review of these communities, the consultants were tasked with the following: • Provide the City with best practices based on the evaluation of model cities’ development process. • Case studies outlining processes and policies employed by model cities who balance development and presentation. Best practices assessment of the policies utilized by these communities and their applicability to the City of Miami Beach including identification of the changes in policy or procedure that would be required by the City to implement. 1. IDENTIFICATON OF COMPARABLE CITIES Miami Beach faces a number of challenges that makes it stand out in Florida and nationally in terms of the development review and permitting process. The scale of development, strong focus on historic preservation, extremely active public, and coastal, flood-prone location present a unique set of challenges. Despite this, the city can and should apply lessons from other cities facing at least some of their challenges. For this assessment, the consultants focused on three communities that are seen as models in historic preservation that also must address flood risks and focus on environmental resiliency. The consultants offered five potential cities for consideration in this study: Charleston, South Carolina; Savannah, Georgia; Annapolis, Maryland; St. Augustine, Florida; and Wilmington, North Carolina. Of these, the client chose Annapolis, Charleston, and St. Augustine as cities to study. (1) Annapolis The City of Annapolis was selected because it is considered by Historic Preservation experts to have a strong program aimed at protecting the character of the city and is subject to significant and increased flooding. Annapolis has the following boards and commissions dedicated to land use issues: • Historic Preservation Commission • Planning Commission • Board of Appeals In addition, the City Council may hear appeals and make changes to the land use code. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 63 The Historic Preservation Commission consists of seven members appointed by the mayor and confirmed by the city council and all must be residents of the City of Annapolis as well as possess a demonstrated special interest, specific knowledge, or professional or academic training. Organizationally, all Land Use and building review are under the Department of Planning and Zoning, which includes a dedicated historic preservation division, with the following responsibilities: • Processing applications for the Historic Preservation Commission and ensuring that projects are developed in accordance with approvals • Working with applicants in the historic district to help them understand the process and submit complete applications • Interdepartmental coordination of project review in the historic district • Answering questions and dealing with enforcement related matters in the historic district The HPC review focuses only on the historic appropriateness of properties; all other planning related reviews are conducted either by staff or by one of the other boards (the Planning Commission for site plans and the Board of Appeals for variances). The City publishes a historic district design manual, which guides the decisions made by staff and by their commission with regard to historic properties. The manual can be seen at the following link: https://www.annapolis.gov/DocumentCenter/View/2157/Historic-District-Design-Manual- PDF A copy of the Table of Contents is provided below. While Miami Beach’s developments are often orders of magnitude and more complex than those in Annapolis, Miami Beach could still help businesses, homeowners, and designers in the city by emulating some elements of the design manual. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 64 Annapolis has begun to consider how to address the need for flood resiliency in historic districts. Fortunately, there is relatively small overlap between the city’s flood zone and historic districts. Annapolis Historic District Annapolis: FEMA Flood Zones Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 65 In most cases, the city has to date focused on obtaining exemptions from FEMA flood requirements for historic structures. In that regard, Charleston may provide a better model for Miami Beach to follow (see subsequent discussion regarding Charleston). The extent of the city’s work to reconcile historic and flood requirements has focused on repair and temporary storm protection measures. Annapolis Resiliency Study: Recommendations for Historic Structures (2) Charleston Charleston has a Board of Architecture Review (BAR) which reviews all projects within Charleston’s historic districts and Landmark Overlay properties, and investigates violations of the preservation ordinance. The BAR has two levels of review, one for small projects and one for larger projects. The other land use bodies are: • Technical Review Committee – a staff committee, which meets monthly to review site plans. representatives from multiple city departments and divisions including: Planning, Zoning, Traffic and Transportation, Fire, Engineering, Stormwater, Parks, ADA/Legal, and GIS/Addressing. • The Planning Commission is comprised of nine individuals representing a broad cross section of the city. Reviews plans, planning related ordinances such as zoning ordinances, rezonings, subdivision requests, concept plans, and street names. Commission's recommendations are then passed on to City Council (with the exception of subdivision approvals, which are the sole responsibility of the Planning Commission). Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 66 • Board of Zoning Appeals (Site Design) - This Board hears zoning variance and special exception requests and appeals to staff decisions concerning site design regulations such as the protection of trees, landscaping requirements, parking lot design and street design standards. • Board of Zoning Appeals (Zoning) - This Board hears requests for zoning variances and special exceptions to traditional zoning regulations such as use, building setbacks, height restrictions, and parking requirements. The Board also hears appeals to staff decisions on these matters. The City has a Design Review Board for design review of properties that are not historic or within the historic district. The Board of Architectural review jurisdiction is as follows: • All new construction, alterations and renovations visible from the public right-of- way. • All demolitions of buildings 50 years of age or older on any structures south of Mount Pleasant Street. • Any demolitions (regardless of age) within the Old and Historic District. • All structures included on the Landmark Overlay Properties list. The City provides a clear flow chart to help applicants determine whether they will require Architectural Review: Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 67 Most minor alterations, such as painting, sitework, signage, repairs, etc., are typically reviewed by Staff and do not require full Board review. Staff decisions (posted weekly on this website) may be appealed within 15 business days. The BAR has a variety of thresholds for review, in addition to distinguishing between large and small projects: • Conceptual • Preliminary • Final • Minor repairs and painting • Demolition • Fences and site work Most of Charleston is in a historic district and there is significant overlap between the historic district and the FEMA flood zones. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 68 Charleston Historic District Charleston Flood Zones (blue) According to staff in the other jurisdictions studied, most owners of historic buildings seek to take advantage of FEMA and state exemptions to avoid elevating historic buildings. Charleston is the only community that has dealt with this issue explicitly, seeking to address the tension between the need for flood resiliency and the desire not to compromise a site’s historic character. Charleston’s Board of Architectural Review has set forth the following standards for protecting historic integrity while elevating buildings: • All elevations require BAR Board approval. • If situated below the base flood elevation (BFE), the BAR is supportive of elevating up to the necessary FEMA requirement. • All Preservation and Architectural Guidelines in this document are mandatory for these structures. • If approved, must provide documentation of the building in its existing state, to include as built elevations, floor plans, site plan, and photographs. Charleston’s planning efforts have included significant discussion regarding urban design that addresses both historic and resiliency issues. The following, from the City’s preservation plan, addresses this conflict: While the Charleston Vision and urban design principles should provide the ideological foundation for Charleston’s physical development, FEMA requirements exert a very real and powerful effect on new buildings in much of the city. Hurricane Hugo was a powerful reminder that Charleston’s many low-lying areas are vulnerable to Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 69 flooding. Continued global warming will increase the chance of flooding, and FEMA flood maps will likely be revised again. The building elevation requirements in these maps can make new construction especially out of scale with historic neighborhoods, but they may have the greatest impact in large redevelopment areas. There, blocks of raised buildings—usually with parking at the ground level—may be devoid of visual interest at the street level and discourage pedestrian activity The BAR provides design guidelines for elevating historic structures while seeking to maintain their distinctive character, but there remain tensions and conflicts between the issues of historic preservation and flood resiliency: https://www.postandcourier.com/news/in-charleston-historic-preservation-versus-rising- seas-when-is-it/article_47e7bc3a-9e43-11e7-8c3c-8beb017aca72.html Miami Beach is currently going through a similar review of design standards in and out of historic areas, seeking to balance the need for resiliency and flood protection with maintaining the ambiance and historic character of neighborhoods. It is important that this work be applied to both historic and non-historic districts because, as Charleston mentions, the mass elevation of buildings can have a significant impact on the character of the city, even if this occurs outside of the historic district and only with non-contributing structures. (3) St. Augustine The scale of activities in St. Augustine is much lower than in the other jurisdictions reviewed, but it was chosen as a potential model because of its strong emphasis on historic preservation and the fact that it is in Florida. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 70 In St. Augustine, all development review is under the preview of a combined building and planning department. Development oversight is provided by two bodies, the Planning and Zoning Board (PZB) and the Historic Architectural Review Board (HARB) The role of the PZB is to grant zoning exceptions and variances as provided in the zoning code ordinances, hear appeals of any decision of the Planning and Building Department, and recommend to the City Commission the rezoning of land or changes to the Comprehensive Plan. The city has five historic preservation districts, with institutional, commercial, and residential properties that range in age from the Spanish and British periods to 20th and 21st century. Alterations to and demolition of buildings and sites within these districts require approval by the Historic Architectural Review Board. In addition, properties that are recorded on the state inventory of resources (Florida Master Site File), are 50 years old or older, or listed on the National or Local Register (individually or part of a district) require approval by the HARB prior to issuance of a demolition permit no matter what zoning district or location within the jurisdiction of the City the property is located. St Augustine Flood Zones http://www.citystaug.com/document_center/PlanningBuilding/HistoricPreservation/Archit ecturalGuidelinesHistoricPreservationAGHP.pdf Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 71 All historic reviews and much of the long term planning are guided by the City’s Historic Preservation Master Plan. The process of obtaining a certificate of appropriateness is separate from all other planning approvals, which are under the preview of the Planning and Zoning board. In most cases, a certificate of appropriateness is required before other approvals are requested. Projects which meet the following criteria are “pre-approved” and require staff review only: • Routine maintenance and repairs using the same materials in a way that matches the architectural style of the existing building; • Placement or installation of utility services (water meters, electric meters and service risers) or mechanical equipment (gas tanks or air conditioning compressors); • Painting or repainting a building to match the existing colors, or using different colors if the new colors are on the pre-approved color charts, provided the colors are appropriate for the architectural style of the building; • Installing new signs, or repainting or changing the copy of existing signs using a combination of the colors on the pre-approved color charts; provided the sign contains no graphics or very simple graphics; provided the sign copy uses one of the pre-approved lettering styles; and provided the colors and lettering style are appropriate for the architectural style of the building; • Extending an existing fence or wall at the same height, using the same materials and matching the architectural style of the existing fence or wall, provided that the style of the existing fence or wall is appropriate to the architectural style of the building; • Any structural maintenance, repair, or remodeling which does not exceed $250; • Exterior construction or equipment not visible; • Landscape features, including fences, walls, walks, patios, decks, driveways, plant materials and ornamentation that does not exceed $1000. City staff indicate that there have been relatively few situations where there has been a conflict between resiliency requirements and historic requirements and that this has not been a focus of their long term planning. However, the issue is addressed in the city’s historic preservation master plan: Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 72 St Augustine Historic Preservation Master Plan Protection of the city’s historic and cultural resources and environments should be considered in the larger context of the city’s hazard mitigation planning efforts. On a smaller scale, individuals need guidance on ways to protect their properties. To that end, the promotion of hazard mitigation options that support the long term protection and preservation of the city’s historic buildings, sites and archaeological resources should be encouraged. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 73 2. BEST PRACTICE AND RECOMMENDATIONS The following table provides an overview of key best practices, how they are applied in the model communities, and recommendations for Miami Beach. Best Practice St. Augustine Charleston Annapolis Findings and Recommendations for Miami Beach Design standards are clearly defined in a user-friendly manner. Architectural design standards including drawings are published in a document. The web site includes clear, succinct policy statements and guidelines. Annapolis’s Historic District Design manual should be a model for Miami Beach. https://www.annapolis .gov/DocumentCenter /View/2157/Historic- District-Design- Manual-PDF Historic design standards are in the code but difficult to decipher and not easily available on-line. Creating a single design manual is not feasible given the scope and variation within Miami Beach but the creation of some handouts and policies on historic design standards would help create greater consistency and educate applicants. Recommendation: Create a manual or series of handouts detailing specific historic design standards. Historic review focuses on maintaining the visual integrity of the city’s historic districts and buildings. Jurisdiction is limited to exterior changes only. Jurisdiction is limited to exterior changes visible from the public right of way. Board jurisdiction is limited to projects where any portion which is visible or intended to be visible from a public way may be affected. HPB jurisdiction is broader than typical, and includes interiors of some buildings Recommendation: Exclude interiors from HPB review. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 74 Best Practice St. Augustine Charleston Annapolis Findings and Recommendations for Miami Beach Staff have authority to review and approve minor changes. Limited set of changes is “pre- approved” and subject to staff review. Most minor alterations, such as painting, sitework, signage, repairs, etc., are typically reviewed by Staff and do not require full Board review Staff may issue administrative approvals for most in- kind replacements and some minor alterations. Staff versus HPB authority is clearly spelled out in regulations. Per above, interior changes should not be subject to HPB review. Board of commission focuses only on Historic Appropriateness but works in coordination with other boards and commissions. Onus is on the applicant to navigate other approvals, including variances if needed. However, staff meet with the applicant up front to ensure they understand all project requirements. Variances are granted by Planning and Zoning board. BAR review addresses only historic appropriateness. All other review is conducted by staff or requires Planning Commission or Zoning Board of Appeals approval. Historic Preservation Commission focuses only on historic appropriateness. Planning Commission, City Council, and Board of Appeals are responsible for other reviews/approvals. HPB is also responsible for conducting full site plan review and issuing variances and acting as the floodplain management board. Recommendation: in conjunction with streamlining regulations to reduce use of variances, DRB’s jurisdiction should be to determine historic appropriateness only. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 75 Best Practice St. Augustine Charleston Annapolis Findings and Recommendations for Miami Beach Timeline from application through review is predictable and efficient. Items are typically heard within one month of submittal. Items area heard in 2- 4 weeks after submittal. An application for a Certificate of Approval must be filed with the Commission at least twenty-five (25) days prior to the Commission’s regular monthly meeting. Once a complete application is filed, the Commission shall have forty-five (45) days within which to act upon it. As noted elsewhere in the report, the time-line from application to hearing is unusually long. Recommendation: compressing the timeline from application to board hearing. Applicants can obtain feedback on project concepts and early designs without having to provide a complete application. An Opinion of Appropriateness (OOA) is a review by HARB that the general concept, and preliminary construction plans meet the architectural requirements but that the information submitted is insufficient to grant the final approval of the project. BAR has 3 levels of review: Conceptual, Preliminary, and Final. Commission will conduct a pre- application review for projects to provide general feedback on the feasibility of a project in the historic district. HPB will provide preliminary review under some conditions. No recommended changes. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 76 Best Practice St. Augustine Charleston Annapolis Findings and Recommendations for Miami Beach Conflicts with current codes and standards: The community has specific guidelines to address cases where historic features are not compliant with current codes. Relatively few historic properties in flood zones. For handicap access, design standards provide guidelines. The city has done extensive work and continues to focus how to accomplish flood resiliency and preserve historic character. Limited assessment of issues with resiliency and historic preservation has been conducted. The City is currently conducting a review of design issues related to resiliency and historic preservation. Recommendation: ensure holistic approach to resiliency standards including discordance between elevated and non-elevated buildings in or near historic areas. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 77 3. SUMMARY OF RECOMMENDATIONS The following table summarizes the recommendations discussed in this Chapter. Historic Best Practice Recommendations Planning • Create a manual or series of handouts detailing specific historic design standards. • Exclude interiors from Historic Preservation Board review and transition to staff review. • Reduce the timeline for conducting a public hearing for land use boards between 4 and 6 weeks after application is received. • Ensure holistic approach to resiliency standards including discordance between elevated and non-elevated building in or near historic areas. • In conjunction with streamlining regulations to reduce the use of variances, HPB's jurisdictions should be to determine historic appropriateness. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 78 7. Controls The intent of this task was to evaluate internal controls related to the development review process and ensure proper checks and balances are in place to safeguard the integrity of the process. Additionally, the project team reviewed fees related to building permits to determine if the proper fees were charged. The following sections will discuss the analysis and findings related to internal controls and the development process. Also, this section builds upon other findings and recommendations developed as part of this report. 1. CHECKS AND BALANCES RELATED TO THE WALK THROUGH PERMITTING PROCESS. In Task 3 of this report, the project team discussed challenges and inefficiencies of the walk through review process. One of the key findings and concerns of staff was some applicants will attempt to hide sheets in their plan sets and switch them out upon approval. As discussed previously, this issue can be resolved by requiring each reviewer, or only applicable reviewers to physically sign off on each sheet in the plan set versus just the cover letter. By having each reviewer sign the appropriate sheet, it will ensure the reviewer has reviewed and approved that particular sheet. This approach will ensure the applicant’s integrity in the process and reduce conflicts during the inspection phase. Currently, walk through permits are still paper-based. With the recommendation of transitioning to digital application submittal, each reviewer should still sign off on each applicable plan sheet. This may be achieved by affixing an approval box on each plan sheet in the permitting software system. Incorporating each reviewer signing (or initialing) each plan sheet will provide greater consistency in the review process and tighter controls. This will maintain integrity of the review process and limit the applicant’s ability to game the system. Recommendation: Reviewers should sign each plan sheet versus completing the approval cover letter for walk through permits, thus maintaining integrity throughout the review and construction process. 2. PERMIT CLERKS SHOULD BE ALLOWED TO PROCESS DIGITAL PAYMENTS AT THE PUBLIC COUNTER. The City provides a variety of ways for applicants to pay their permit fees. The applicants can pay their fees online, at a payment kiosk in City Hall, or in-person through a Finance Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 79 Clerk. However, the applicant cannot pay fees directly to the Building or Planning Clerks who are processing their application. They have to leave the counter and pay at a kiosk or at the finance desk and come back to receive their permit. This approach may create challenges for both the applicant and staff related to the processing of the payment and the permitting software system receiving notice of payment in order to issue the permit. Permit Clerks should be allowed to process credit card payments at their terminal. Additionally, they should be permitted to accept checks, if the applicant desires that payment form. Cash payments for permits should still be processed by Finance staff, to reduce the likelihood of mishandling of funds. Regardless of electronic payment or check, Permit Clerks should receive training related to the processing of payments and made proficient in the City’s adopted policy and procedures related to collection and handling of payments. Processing of payments by Permit Clerks will ensure that a permit is issued only after payment is received. Recommendation: Permit Clerks should be allowed to process credit card payments at their terminal after receiving proper training. 3. PERMIT FEES WERE REVIEWED FOR ACCURACY. The project team reviewed a total of 18 building permits to see if the right fees were charged and received. A variety of permits were provided, from simple trade permits to large scale commercial projects, including private provider permits. The audit of the sample permits resulted in the following findings: 1) One simple private provider permit did not properly charge for the building permit. 2) One permit had reversed the fees collected for the Florida Department of Business and Professional Regulation (1.0% of permit fee) and the Building Code Administrators and Inspection Fund (1.5% of permit fee). The first finding related to the private provider permit, charged the appropriate initial 20% permit fee charge, which was the minimum of $50. Upon the issuance of the permit, the building permit fee should have been $100, which is the minimum for a commercial alteration. However, no additional building permit fee was added to the initial fee. Moreover, upon the issuance of the permit, an additional $20 was charged for the fire review fee. The total amount for the fire fee was $70 which is the minimum fee that may be charged. The applicable fee for the building permit in this scenario is confusing, since this was a private provider review and inspection permit, which would receive a 40% discount on the permit fee. However, the fee schedule does not address the proper fee amount and the possible fee reduction for private providers. Regardless, the building permit fee should have been either $60 (if discounted for private provider) or $100 (minimum alteration Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 80 permit fee) and only $50 was charged for the building portion. A policy should be created to address private provider fee reduction and minimum fee amounts. A policy should also be created to ensure proper checks and balances are conducted on fee calculations. The policy should include random sampling by other Permit Clerks and Supervisors. Finding number two is associated with the collection of the state mandated fees related to the Department of Business and Professional Regulation and the Building Code Administrators and Inspectors Fund. These fees are based on a percentage of the building permit fee collected. For this electrical permit, the fees collected to remit to the applicable funds were reversed, but the total collected fee between the two funds was correct. It is unknown if this is a computer or staff error when the fees were calculated. Findings: Two of the permits reviewed had minor fee calculation errors. One resulted in reduced fees collected by the City. The second issue focused on improperly charging fees related to state funds, reversing the percentage collected between the two funds. Recommendation: Ensure proper policies are in place related to the determination of fees, especially for private provider permits for smaller scale projects where minimum fees are assessed. A policy related to checks and balances for fee calculations and collections should be instituted. 4. UTILIZING A CONTRACTOR TO SCAN DROP OFF PLANS MAY NEGATIVELY IMPACT QUALITY OF THE PLAN SET. During staff interviews, the project team asked reviewers about the quality of the digitized plan sets they review. Staff indicated that occasionally, the digitized plan sets were missing sheets, the scan was of poor quality, or the entire plan set was misplaced. Utilizing a contract firm to digitize the plan set versus allowing digital submittals can impact the quality of scanned plan sets staff receives. While this may not impact the integrity of the process, besides delaying the review, it is an important quality control issue. If reviewers have missing plan sheets or poor quality documents to review, then mistakes may happen during the review. Subsequently, the reviewer may not review the whole plan set. More importantly they may miss a key item in the plan set. This may cause issues for the applicant and their design team or result in costly repairs in the field if errors are caught by the inspector. Regardless, the quality of the digitized documents may impact the review and permitting process. Transitioning to fully digital reviews, will remove the contracted digitizer from retrieving the plans and scanning. By accepting full digital plans initially, the quality of the plan set will improve. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 81 Finding: Digitizing of drop off plan sets results in occasional poor quality plan sets or missing sets/sheets. Transitioning to digital submissions will eliminate this issue. 5. THE CURRENT APPROACH TO LAND DEVELOPMENT REGULATION TEXT AMENDMENTS DOES NOT ADEQUATELY REVIEW POTENTIAL CONFLICTS IN THE CODE. Land development regulation text amendments currently go to City Commission for approval as soon as possible. As discussed in Task 1 of this report, this is not ideal and is recommended to change to quarterly and ultimately twice a year. However, based on the current approach, staff indicated that issues may arise where a text amendment is in the process of being reviewed and adopted or has been adopted but not updated in the online ordinance. Occasionally resulting in conflicts between two proposed or recently adopted amendments. Additionally, when taking individual text amendments for approval on multiple occasions, it is challenging to understand the full impact of the new ordinance. As discussed previously, it is important to consolidate land development text amendments into as few as meetings as possible. This approach will help reduce the possibility of developing text amendments that conflict with each other, and will allow for a better understanding and analysis of the cumulative impact of proposed ordinances. Additionally, the revision of the land development code will help mitigate these issues in the future as the number of text amendments should decrease. A revised approach to reviewing proposed and newly adopted land development text amendments should help reduce the potential for conflicts. Due to the complexity of the current code and the multiple layers, it is important that all individuals involved in planning and zoning review is involved in reviewing the new ordinance. This will ensure each specialty and discipline can provide input on how the ordinance may impact other sections of the land development ordinance. This change to the internal process will help maintain integrity in the text amendment processes and reduce the need to revise newly adopted text amendments. Recommendation: Ensure that all planning staff involved in development review is included in the development and review of proposed land use text amendments. Reducing the potential of conflict with the existing land development code. 6. THE LAND DEVELOPMENT CODE OUTLINES EACH LAND USE BOARD MEMBERSHIP TO ENSURE MEMBERS WHO ARE SUBJECT MATTER EXPERTS ARE APPOINTED. To increase the integrity of the four land use board, the adopted municipal code prescribes the duties of these respective boards. Moreover, the code also provides direction to City Commissioners on the skill sets and subject matter expertise for Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 82 appointed members. Each land use board is comprised of members who have a variety of personal and professional skills, but expertise that is relevant to the respective board. Additionally, the ordinance allows board members who live outside of the city limits, if they have the appropriate skill and expertise to serve. The qualifications and expertise required to serve on land use boards is important in order to maintain the integrity of the board. This approach to appointing board members provides qualified individuals to serve and utilize their strength to shape the development in the community. While in the project team’s experience allowing members, who are not residents to serve is an anomaly, the qualification parameters ensure true subject matter experts are appointed. Prescribed qualifications and parameters for appointed board members increases the integrity of the land use boards. Finding: The qualifications and requirements of land use board members provides a variety of well qualified members to serve on the respective boards and increases the integrity of the boards. 7. A PERMIT COORDINATOR SHOULD PROVIDE OVERSIGHT OF THE ENTIRE DEVELOPMENT REVIEW PROCESS AND SERVE AS A RESOURCE TO THE DEVELOPMENT COMMUNITY. Throughout this study, it was clear that staff had varying degrees of understanding of the development review and permitting process. Additionally, due to separate Building and Planning operations and process, there are numerous parts to the overall permitting process. It appears there is no staff member who has complete knowledge of the current building and planning processes. Also, in the event that someone has a complaint about the process, there is no centralized contact to initiate the complaint. In order to ensure the integrity of the whole process and to increase the level of customer service, a Permit Coordinator position should be created. The Permit Coordinator would be tasked with understanding the entire development review and permitting process. This would include all major permitting processes, primarily in Building, Planning, and Public Works Departments. Second, this position would understand other departments and operations related to their respective permit review operations. Third, the Permit Coordinator would serve as the first point of contact for individuals who have questions related to permitting in Miami Beach. This would include inquiries related to obtaining a permit, but also resolving issues from current applicants. Ultimately, the Permit Coordinator would serve as a liaison between the City of Miami Beach and the development community. Additional roles for this position could be conducting periodic meetings with the development community to discuss current issues and possible changes to the process. The Permit Coordinator would work with appropriate staff to revise review and permitting processes as needed. Finally, the Permit Coordinator would provide training to new staff Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 83 on the overall permitting process and serve as an internal resource to all individuals involved in the development review and permitting processes. Incorporating the position of Permit Coordinator will provide a centralized staff member knowledgeable of the entire review and permitting process and will help ensure quality control of the process. This is a critical staff member, as they will interact with numerous departments. The project team recommends the Permit Coordinator report to the Assistant City Manager who oversees Building and Planning. This will maintain objectiveness and independence in this position. Moreover, it will provide a more direct link between the City Commission and City Manager’s Office to staff who have an understanding of the development review process. Permitting activities is regulatory in nature and often receives the most complaints of any function in local government. Miami Beach receives its fair share of complaints and the Permit Coordinator will provide a centralized point of contact to receive and resolve these issues. Alternatively, the Permit Coordinator may reside in either the Building or Planning Departments. However, this approach may result in perceived bias from outside staff and create challenges when issues are investigated or when trying to implement change. The leadership team should determine the best organizational location for the Permit Coordinator. Recommendation: Create the position of Permit Coordinator to provide oversight of the entire development review and permitting process. The Permit Coordinator would also serve as a liaison to the development community to resolve issues. 8. SUMMARY OF FINDINGS AND RECOMMENDATIONS There were multiple findings and recommendations presented in this Chapter. The table below summaries the findings and recommendations discussed. Control Findings and Recommendations Findings • Two of the permits reviewed had minor fee calculation errors. One resulted in reduced fees collected by the City. The second issue focused on improperly charging fees related to state funds, reversing the percentage collected between the two funds. • Digitizing of drop off plan sets results in occasional poor quality plan sets or missing sets/sheets. Transitioning to digital submissions will eliminate quality control issues. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 84 • The qualifications and requirements of land use board members provides a variety of well qualified members to serve on the respective boards and increases the integrity of the boards. Recommendations • Reviewers should sign each plan sheet versus completing the approval cover letter for walk through permits. Maintaining integrity throughout the review and construction process. • Permit Clerks should be allowed to process credit card payments at their terminal after receiving proper training. • Ensure proper policies are in place related to the determination of fees, especially for private provider permits for smaller scale project where minimum fees are assessed. A policy related to checks and balances for fee calculations and collections should be instituted. • Ensure that all planning staff involved in development review is included in the development and review of proposed land use text amendments. • Create the position of Permit Coordinator to provide oversight of the entire development review and permitting process. The Permit Coordinator would also serve as a liaison to the development community to resolve issues. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 85 8. Outreach The seventh and final task of this project was to analyze the customer’s understanding of the development review process, especially the difference between Building and Planning’s role. The project team consulted feedback received from the focus groups, phone calls to several permit expeditors and prior customers, and a review of the City’s website. 1. PERMIT EXPEDITORS HAVE A CLEAR UNDERSTANDING OF THE ROLE THAT BUILDING AND PLANNING PLAY IN THE DEVELOPMENT REVIEW AND PERMITTING PROCESS. The project team reviewed the audio recording of the focus group meeting with permit expeditors. Additionally, the project team called several permit expeditors in Miami Beach and surrounding area to gauge their understanding. The findings were the same for both methods, that permit expeditors understand the difference between what requires a planning permit/approval first and what applications may go directly to the Building Department. Considering permit expeditors business model is obtaining permits for their customers, this result was expected. Finding: Permit expeditors know the difference between Building and Planning Department roles in the development review permitting process. 2. LOCAL DEVELOPERS, ARCHITECTS, AND ENGINEERS UNDERSTOOD THE DIFFERENCE BETWEEN BUILDING AND PLANNING. The project team also reached out to several local development, architectural, and engineering firms to gauge their perspective on the differences planning and building play in the development review. Individuals who had recently conducted business with the City of Miami Beach had a general understanding of the different roles that both departments had in the process. However, two architects the project team spoke with, indicated they occasional struggle to know which land use board their application needed to go before. The architects did indicate that when they spoke with staff and explained their project, they were directed to the proper board. Development professionals have an understanding of what applications must go to the Building and Planning. Finding: Local developers, architects, and engineers who were contacted indicated they understood the role of the Building and Planning Departments and what applications were submitted to each department. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 86 3. DEVELOPMENT REVIEW INFORMATION ONLINE SHOULD BE CONSOLIDATED. The project team reviewed the City’s website for development and permit related information. Both Building and Planning have dedicated webpages that provide a multitude of links to various development and permitting related information. Upon analysis of the respective webpages the following key findings emerged: • Webpages have a significant amount of information related to the development process. • Announcements are located at the top of the Building Department webpage. • Information related to the Citizen Self Portal (formerly Citizen Access Portal) is provided on both pages. Detailed registration information is provided. • Frequently asked questions are located in a prominent location on the webpage. • The building permits page includes approximately 30 links to different application types. They were in alphabetical order. • Building’s “simplified permit info” tab does not include drop-off permit information, which is a one of two application processing types. • Multiple pages and layers exist for Building Department information. • Citizen Self Service portal allows online permit application for approximately 50 permits. Permits are not listed in alphabetical order, which makes it difficult to find the right application type. Also, there is no notice that you may not apply for a building or planning permit through this portal. • Planning’s homepage provides a high level overview of their functions. • Planning webpage includes links to individual zoning districts (takes user directly to the online zoning code). • Planning includes a link to the land development ordinance and code. • Links are provided to adopted codes for the land use boards. • A summary chart of each land use board purview is absent from the webpage. • Process flow charts are absent for both building and planning webpages. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 87 • Webpages appear to be up-to-date with current process and permit information. Overall, the webpages provide a wealth of information related to respective applications and permits for Building and Planning. However, the information provided varies greatly between both departments. Moreover, there is limited information on the interconnection between Building and Planning and their role in the process. For example, it is not clear if I need to apply to Building or Planning first for a new single family home. There is no indication of where a potential applicant should start to find out about permitting information. Building has a significant amount of information on their webpages. Due to the volume of information out there, it may be overwhelming for some individuals, especially those with limited permitting experience. The lack of a summary of the overall process may add to this confusion. The project team recommends the Building Department consolidate their webpages and reduce the number of layers. The home page should include a link to a summary of the permitting process with a diagram that includes links to the various permit types. (e.g. mechanical, electrical, phased, and building permits, etc.). This simplification of information and overview of the process will provide a starting point for applicants. The Planning Department has a more streamlined approach to their webpage, albeit much of their information is found in the adopted land development code. Many links go to the online municipal code, which provides the visitor with a wealth of information. However, this approach can be intimidating for less experienced applicants due to the legalistic nature of the code and inability to quickly search for specific key words or topics. Few hyperlinks exist in the code to direct the user to the appropriate code section. A key word search through the platform provides results from the entire code and not sections specific to planning. A summary of each zoning district and the function of each land use board should be provided on the department’s webpage along with a link to the online ordinance. Planning should provide more relevant information on their webpage in addition to the current links to the adopted ordinance. Reducing the need to search the online ordinance to find relevant permitting information. Additionally, the Planning webpage should include a table that shows approval authority by application type. Including an approval matrix would provide potential customers with knowledge if their project would be approved by staff or land use board. Second this approach would indicate which land use board a particular application type may go before. In addition to the approval matrix, a process flow diagram of the planning review and approval process for administrative and land use board approval should be provided. Both changes will provide relevant information to potential applicants. Recommendations: The Building webpage should be streamlined to provide relevant information through less searching. An overview of the application and review process should be provided through a graphic. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 88 The Planning webpage should be expanded to provide more relevant information on the webpage versus a link to the municipal code. Additional information should be provided for each land use board and review authority and approval. 4. SUMMARY OF FINDINGS AND RECOMMENDATIONS There were multiple findings and recommendations presented in this Chapter. The table below summaries the findings and recommendations discussed. Outreach Findings and Recommendations Findings • Permit expeditors know the difference between Building and Planning Department roles in the process. • Local developers, architects, and engineers who were contacted indicated they understood the role of the Building and Planning Departments and what applications were submitted to each department. Recommendations • The Building webpage should be streamlined to provide relevant information through less searching. An overview of the application and review process should be provided through a graphic. • The Planning webpage should be expanded to provide more relevant information on the webpage versus a link to the municipal code. Additional information should be provided for each land use boards and review authority and approval. Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 89 Appendix A: Development Review Process Diagrams This Appendix presents the process diagrams for major Building and Planning Department review process. 1. BUILDING DEPARTMENT Building Permit Walk Thru Process Call Ticket Number Receive Plans and Application Application Fees Calculated Receive Ticket From First Floor Counter Proceed to 2nd Floor and Wait for # to be Called Ap p l i c a n t S t a ff Proceed to Counter When Called Process Plans & Application, Create Process Number Pays Fees at Kiosk, Online, or Finance Clerk Initiate Application in EnerGov Software Return to Clerk’s Counter Release Customer to Reviewers Respective Reviewers Call Applicant Meet With Reviewers Pass All Reviews Yes No Revise Plan Set & Resubmit Clerk Calls Applicant to Finalize Permit Application Permit Fees Calculated Pays Fees at Kiosk, Online, or Finance Clerk Return to Clerk’s Counter Permit Issued Provide Permit and Approved Plan Sets to Applicant Require Urban Forestry Review? Yes No Proceed to Drop Off Window Upon Completion of All Walk Thru Reviews Require Parking, Environmental or DERM Review Yes No Submit to Respective Department Upon Completion of Walk Thru Review Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 90 Building Drop Off Process Ap p l i c a n t S t a ff Intake Application, Start Process in EnerGov, Assign Process # Go to Drop-off Window Begin Application Backgrounding Complete Drop- off Form Submit Application & 2 Plan Sets Application Fees Calculated & Create Invoice Pays Fees at Kiosk, Online, or Finance Clerk Review Submittal Deems Application Complete Place Plan Set on Shelf Clerk Insures Plans are Properly Sealed / Documented Input Information in EnerGov & Accept Submittal Annote Out to Scan in Energov Continue Below Creates Scan Folder on M Drive Send Plan Set Out for Scanning Receive Scanned Plan Set & Upload to M Drive Copy Plan Set Link, Add Note in Application Record Open Reviewer’s Notice Back from Vendor Reviewer’s Open Plan Set in Blue Beam Plan Set Reviewed by All Reviewers Comments Yes No Revise Plans Resubmit at Drop-off Window Clerk Confirms All Signoffs Complete Clerk Goes to Records Task and Verify All Review Signatures Continue Below Ap p l i c a n t S t a ff Process Continued (2) Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 91 Clerk Compiles Approved Plan Set Create & Add E- Watermark Copy Application File to Backup File Production File Created Copy & Paste Production File to Dropbox Production File Link Sent to Applicant Application Approved in EnerGov Clerk Creates Final Invoice Email Invoice and Hold Requirements to Applicant Pays Invoice & Submit Holds Issues & Email Permit Ap p l i c a n t S t a ff Process Continued (3) Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 92 Phased Permit Process Ap p l i c a n t S t a ff Submit Master Permit and Phased Application at Drop Off Window Begin Process to Issued Phase Permit Create Phased Permit Number in EnerGov Approved? Yes No Email Administration With Phased Number Administration Reviews Phased Application Comments Received Application Sent to Planning, Fire, and Parking Approved? Phase Permit Issued (Valid 180 Days) Continue Master Permit Review (Drop- off Process) Yes No Private Provider Permit Issued? Revise Plan Set and Resubmit Private Provider Process Ap p l i c a n t S t a ff Submit Application, 2 Plan Sets and Private Provider Packet Determine Review & Inspection or Inspection Only Create Permit Number in EnerGov Comments ? Yes No Send to Planning, Fire, Flood, DERM, Parking, & Urban Forestry for Plan Review Plan Reviewed Comments Received Finalize / Stamp Plan Sets Issue Permit Revise and Resubmit Inspectors Periodically Verify Inspection Log Conduct Final Inspections Administration Approval Administration Approval of Private Provider Package Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 93 Inspection Process Ap p l i c a n t S t a ff Chief Will Schedule Inspection by Zone Request an Inspection (Online or IVR) Inspector Order Inspections (view in EnerGov) Inspector Will Conduct Inspection Pass or Partial / Fail? Partial or Fail Reschedule Next Inspection Record Result on Permit Card / Log & Energov Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 94 Stock and Train Process Ap p l i c a n t S t a ff Apply for a Temporary Certificate of Occupancy Ask for Stock and Training TCO Complete Letter for Stock & Training Schedule Inspectors for Missing Final Inspections Inspection Passed Pass Fail Stock & Train Denied Provide Letter to Applicant Take Letter to Fire Department Fire Approved? Yes No Take Letter to Building Submit Letter to Chief Building Official Approved? Yes No CBO Signs and Issued to Applicant Letter Sent to Records Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 95 Temporary Certificate of Occupancy Process Ap p l i c a n t S t a ff Submit Temporary Certificate of Occupancy Application All Inspections Finaled? Create Temporary Certificate of Occupancy Number Calculate Temporary Certificate of Occupancy Fees Email Invoice to Applicant Pay Invoice Issue Temporary Certificate of Occupancy Final Inspections Scheduled as Needed Yes No TCO Expires in 90 Days. May be Extended in 90 Day Increments Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 96 Certificate of Occupancy Process Ap p l i c a n t S t a ff Submit Certificate of Occupancy Application All Inspections Finaled? Create Certificate of Occupancy Number Calculate Certificate of Occupancy Fees Email Invoice to Applicant Pay Invoice Issue Certificate of Occupancy Inspections Scheduled to Finalize Yes No Apply for BTR Verify Business Tax Receipt (BTR) Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 97 2. PLANNING DEPARTMENT Planning Board Process Pre-Application Meeting Held Application Submitted Online Application Fees Paid Comments ? Pre Application Meeting Requested Applicant Completes Application and SubmitsAp p l i c a n t Pl a n n i n g S t a ff Planner Begins Application Review Other Dept Review? Routed to Other Review Departments Reviews Completed Review Comments Compiled Review Comments Sent to Applicant Review Comments Received No Yes Application Updated & Resubmitted Public Notice Issued Meeting Packets Prepared Planning Board Meeting Held Approved? No Yes Redesigned Resubmit to Board Prepares Order Records Order May Submit Building Permit Application Yes No Applicant Provides 14 Plan Sets Continued Design Review Board Process Pre-Application Meeting Held Application Submitted Online Application Fees Paid Comments ? Pre Application Meeting Requested Applicant Completes Application and SubmitsAp p l i c a n t Pl a n n i n g S t a ff Planner Begins Application Review Other Dept Review? Routed to Other Review Departments Reviews Completed Review Comments Compiled Review Comments Sent to Applicant Review Comments Received No Yes Application Updated & Resubmitted Public Notice Issued Meeting Packets Prepared Design Review Board Meeting Held Approved? No Yes Redesigned or Remove Variances Resubmit to Board Prepares Order Records Order May Submit Building Permit Application Yes No Applicant Provides 14 Plan Sets Continued Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 98 Historic Preservation Process Pre-Application Meeting Held Application Submitted Online Application Fees Paid Comments ? Pre Application Meeting Requested Applicant Completes Application and SubmitsAp p l i c a n t Pl a n n i n g S t a ff Planner Begins Application Review Other Dept Review? Routed to Other Review Departments Reviews Completed Review Comments Compiled Review Comments Sent to Applicant Review Comments Received No Yes Application Updated & Resubmitted Public Notice Issued Meeting Packets Prepared Historic Preservation Board Meeting Held Approved? No / Continued Yes Redesigned or Remove Variances Resubmit to Board Prepares Order Records Order May Submit Building Permit Application Yes No Applicant Provides 14 Plan Sets Board Approval Yes No Staff Review and Approve or Provide Comments Board of Adjustments Process Pre-Application Meeting Held Application Submitted Online Application Fees Paid Comments ? Pre Application Meeting Requested Applicant Completes Application and SubmitsAp p l i c a n t Pl a n n i n g S t a ff Planner Begins Application Review Other Dept Review? Routed to Other Review Departments Reviews Completed Review Comments Compiled Review Comments Sent to Applicant Review Comments Received No Yes Application Updated & Resubmitted Public Notice Issued Meeting Packets Prepared Board of Adjustments Meeting Held Approved? No Yes Process Ends, Applicant May Resubmit New Application Prepares Order Records Order May Submit Building Permit Application Yes No Applicant Provides 14 Plan Sets Continued Private Development Process Review Report MIAMI BEACH, FLORIDA Matrix Consulting Group Page 99 APPENDIX B: JOINT TASK FORCE REPORT ON ELECTRONIC PERMITTING The report on electronic permitting is provided on the following pages. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 1 Building Department Guide to Creating and Processing Electronic Construction Documents INTRODUCTION Advances in technology have made electronically created documents commonplace in today’s construction industry. Computer Aided Design (CAD), Building Information Modeling (BIM), word processing (Word), Portable Document Format (PDF) management and other computer programs are familiar to most design professionals, contractors, and building code officials. A paperless online building permit process is now possible through advances in technology and updated state statutes and licensing regulations. Utilization of electronic documents in the building permit process provides opportunities for cost savings for all parties through improved work flow efficiency, reduced printing costs, eliminating archiving costs, reducing shredding cost and fewer trips by the contractor’s representative to the building department. While personal contact will always be important, the reality is that building department employees can be more productive without a customer sitting at their desk while they are processing permit documents. The building permit process builds an official public record of construction activity that relies on the authenticity of information. Certain documents must bear the mark of the person, persons or agency that created, reviewed or authorized them. Legislation and associated administrative rules mandate signatures, notarized signatures, and in the case of architects and engineers, an encrypted signature and seal must be affixed. It is the authenticity of these documents that must be safeguarded in an electronic building permit process. For these electronic documents to be used for permitting construction projects, design professionals, contractors and code officials must learn how to electronically secure, sign, and seal various documents to guarantee that the documents are authentic and cannot be altered. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 2 The BOAF/AIA-Florida/FES Joint Task Force has developed this document to provide guidance for design professionals, contractors, and code officials regarding the best practices recommended for the creation and handling of secure electronic documents, used in the building permit process. COST/BENEFIT COSTS – Transitioning from paper documents to electronic documents is not easy, quick or cheap. It is however, efficient and will shorten the turn-around time for processing most permits. The cost will be different for each jurisdiction, because of the large number of variables involved in the transition. With a little creativity, it is possible to chart a course that starts with simple affordable procedures that utilize existing technologies and capabilities and evolves over time to a fully web based process. BENEFITS- The advantages of transitioning to electronic documents include: 1.Electronic signatures are easier to affix to documents than impression seals or wet seals 2.Documents can be signed as soon as they are complete, saving time spent waiting on the printer 3.Document printing cost is reduced or eliminated 4.Documents can be transmitted to the contractor online once they are electronically signed 5.Online exchange of electronic documents provides better customer service for applicants, by allowing documents to be dropped off or picked up 24/7 6.Electronic documents can be stored on a network server, allowing controlled access by authorized individuals within your jurisdiction that have plan review responsibility from their workstation 7.Processing applications without having the customer distracting the permit technician or plans examiner(s), creates a process that is more productive PROCESSING CONSTRUCTION DOCUMENTS FOR PERMITTING Construction documents required for permitting are assembled into an application package by the contractor.For the purpose of this document the term “contractor” is used to represent the “applicant”. While the contractor is ordinarily the applicant, in some circumstances the applicant could be a design professional or the owner. Documents fall into one of three categories: 1.Secure Signature Required - Drawings, calculations, and specifications documents, in electronic format, prepared by Florida licensed architects and/or engineers are required to be signed and sealed with an encrypted electronic signature. The encrypted signature must be verified by a third party or public/private key match feature of the PDF management software used by the building department 2.Notarized Signature Required – Application forms, and any other document required to be notarized must be received as a scanned copy of the paper document that has been signed and notarized. The applicant should keep the original paper documents on file. 3.No Signature Required – Cut sheets, product approval documents, shop drawings, pictures and other supporting information should be submitted in PDF format for consistency. If multiple formats are authorized, be sure that everyone that is required to participate in processing the documents has the software required to handle the documents. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 3 Documents not prepared by an architect or engineer should contain an information block that identifies who created the document, and contact information if there are questions about the document. Electronic construction documents can be delivered to the building department using a storage device (CD, DVD, flash drive) or internet document exchange portal. The contractor must take great care not to alter any document signed with an encrypted signature, because any alteration will void the document signature. The contractor should assemble the following documents: 1.Permit application- a.A paper application can be downloaded from the building department’s website, completed, signatures notarized, and scanned into an electronic file as a PDF file type. b.An online fill-able permit application can be completed online, printed, signed, notarized and scanned into an electronic file as a PDF file type. An online fill able application may also allow the completed form to be submitted; however a signed form that has been notarized may also be required. 2.Drawings- Drawing documents may be created by the contractor, or come from one or more sources; however, all of the drawings required to describe the proposed work must be collected into one package for submittal with the permit application. Make sure that drawings prepared by an architect or engineer are properly signed with a digital signature. Any alteration of the electronic document made after the document was electronically signed will void the signature. Drawing pages should be saved as individual files, so that future re-works or revisions can be accomplished by replacing single sheets in a package (folder), not the entire package. 3.Support Documents- Support documents including specifications, calculations, photographs, forms, and other documents must be converted to an electronic PDF format and organized in folders with file names that clearly describe what the document is. Document flow The following sections will explain the responsibilities of design professionals when electronic construction documents are used in the permitting process. Design Professional(s)Contractor Building Department Contractor BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 4 TECHNOLOGY REQUIREMENTS Building departments will need basic hardware, software, and internet service to create and assemble documents for permitting. Hardware 1.Computer 2.Internet connection 3.Scanner 4.Dual monitors for plans examiners and permit technicians Software 1.Permit software 2.PDF management program 3.E-mail Internet 1.Internet service 2.Mail exchange 3.Online permit application website with FTP capability FORMATING DOCUMENTS Electronic construction documents can be created by any software as long as the documents produced can be saved in a file format that can be opened by the building department. Instructions to contractors should include a defined list of electronic document formats that your process allows. While some building departments may have sophisticated file management software that can open a variety of file types, it is recommended that files be saved to a common file type that does not require special or expensive software to view and manage. It is recommended that most documents be saved in a PDF format. When drawings and other documents are required to be signed and sealed by a design professional it is important to keep those documents together as one document or one set of documents. Many commercial projects may have multiple design professionals for different aspects of the project, in which case the individual design document sets would need to be assembled as sub-sets of the project set. First Submittal (Current) Master Folder (Project Name) Sub-Folder (Permit Application) Sub-Folder (Plan Drawings) Sub-sub-folder – Civil/Site Sub-sub-folder – Architectural Sub-sub-folder – Structural Sub-sub-folder – Plumbing Sub-sub-folder – Mechanical Sub-sub-folder – Electrical Sub-sub-folder – Fire Sprinkler Sub-sub-folder – Fire Alarm BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 5 Sub-Folder (Structural Calculations) Sub-Folder (Energy Calculations) Sub-Folder (Product Approvals) Sub-Folder (Specification Cut-sheets) Multiple page drawing sets present challenges for the building departments for two reasons: 1.Storage space – A set that has multiple pages and is sealed as one package, must be replaced as a set. A set that has multiple pages where each page is individually sealed, can allow individual pages to be replaced. If the policy of the department is to retain obsolete drawings during the life of the project, or beyond, consideration must be given to the amount of electronic data storage space available for both the official record set and obsolete documents. Keep in mind that the objective is to always have one official record set of drawings that represent the approved design for the project. 2.Document handling – The benefit of electronic documents for the building department should be a reduction in the amount of time spent handling documents. In the paper process when a document is submitted to update a previously submitted document, it is the responsibility of a plans examiner(s) to compare the two documents and evaluate the information for code compliance. A change on one sheet would not necessarily require the replacement of multiple sheets; but when the replacement page is approved, time must be taken to remove the obsolete page and insert the replacement page. With PDF management software it is possible to compare two pages on the monitors with the software highlighting the differences. When the replacement documents have been approved, it is a simple step to save the new document(s) and discard the obsolete document(s). Please note that design professionals have the same issues when they are creating the project. The completed design can be produced as individual signed and sealed PDF pages or as one multiple page PDF document that is sealed once. For the convenience of the design community and efficiency in the building department it is suggested that adequate short term and long term electronic data storage space is reserved to allow complete sets to be signed and sealed electronically. This process would then require all future reworks/changes/revisions from that design professional to be submitted as a complete set. DIGITAL SIGNATURES BY ARCHITECTS AND ENGINEERS Seals and signatures are used by state of Florida licensed Architects and Engineers to identify authentic documents. An electronic or digital signature serves the same purpose as wet seals and embossed seals. An electronic or digital signature is an approved method of authenticating a document as long as it complies with applicable rules. Currently, Architects and Engineers must comply the respective licensing board’s rule and with Florida Statute 668 when using an electronic signature. The statute requires that an electronic signature be unique to the signee, be under the control of the signee, be created using an “asymmetric cryptosystem”, and be recognizable through the use of a process called “Key pair” technology. As mentioned earlier, when the requirements of FS 668 are met, both the signee and the recipient can be assured of the authenticity and integrity of the electronic signature. An electronic signature is password protected and cannot be copied or used by anyone except the signee. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 6 An important feature of an electronic signature is that it can be verified as authentic when it is attached to an electronic file in a PDF format. Construction drawings or documents bearing an electronic signature may only be submitted to a jurisdiction in an electronic format for use in permitting a project. An electronic signature on a printed copy of an electronic document cannot be verified as authentic, and is not valid as a permit submittal. Electronic documents bearing an electronic signature may be printed for use in the field only after the jurisdiction has electronically stamped and secured the document. Electronic signatures used by Architects and Engineers shall comply with the “Electronic Signature Act of 1996 (ss.668).” The legislature’s intent in creating this legislation is to: (1) Facilitate economic development and efficient delivery of government services by means of reliable electronic messages. (2) Enhance public confidence in the use of electronic signatures. (3) Minimize the incidence of forged electronic signatures and fraud in electronic commerce. (4) Foster the development of electronic commerce through the use of electronic signatures to lend authenticity and integrity to writings in any electronic medium. (5) Assure that proper management oversight and accountability are maintained for agency-conducted electronic commerce. Terms defined in the act: (1) “Certificate” means a computer-based record which: (a) Identifies the certification authority (b) Identifies the subscriber (c) Contains the subscriber’s public key (d) Is digitally signed by the certification authority (2) “Certification authority” means a person who issues a certificate (3) “Digital signature” means a type of electronic signature that transforms a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine: (a) Whether the transformation was created using the private key that corresponds to the signer’s public key. (b) Whether the initial message has been altered since the transformation was made. A “key pair” is a private key and its corresponding public key in an asymmetric cryptosystem, under which the public key verifies a digital signature the private key creates. An “asymmetric cryptosystem” is an algorithm or series of algorithms which provide a secure key pair. (4) “Electronic signature” means any letters, characters, or symbols, manifested by electronic or similar means, executed or adopted by a party with an intent to authenticate a writing. A writing is electronically signed if an electronic signature is logically associated with such writing. Unless otherwise provided by law, an electronic signature, as described above, may be used to sign a writing, and shall have the same force and effect as a written signature. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 7 The head of each agency shall be responsible for adopting and implementing control processes and procedures to ensure adequate integrity, security, confidentiality, and audit ability of business transactions conducted using electronic commerce. Read the Architect’s rule 61G1-16.005 at: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61G1-16 Read the Engineer’s rule 61G15-23.003 at: http://www.fbpe.org/images/phocadownload/legal/61g15%20as%20of%201%206%2012.pdf There is plenty of information online about this subject. Start with the tutorials provided by your current software company, and the information provided by the third party services, before you attempt to create your signature. Additional information can be found at the Fiatech website. Fiatech is a membership association dedicated to solving process problems through technology. Their white paper on developing a strategy for implementing digital signatures provides valuable context to understanding digital signature technology. http://www.fiatech.org/images/stories/techprojects/project_deliverables/Updated_project_delive rables/APracticalDeploymentStrategyforDigitalSignaturesandSeals.pdf SIGNATURE VERIFICATION Each jurisdiction will need to determine how they will verify encrypted signatures used by Florida Architects and Engineers. Since signature verification relies on a comparison between the signature file embedded in the electronic document (private key) and the users master identifier (public key), the jurisdiction has a choice of two options, or could use both options. Options: a) Third Party Verification – This process is a premium service purchased by the user. When the plans examiner opens the electronic document the PDF management software will access the third party verification database via the internet and authenticate the signature. If the document has been modified since it was electronically signed the verification process will invalidate the signature file. The document would need to be replaced with new document that has not been altered. b) Public Key Verification – This process requires the design professional to provide the building department with the public key file to use when verifying his/her electronic signature. The building department would need to maintain a design professional database that identifies the contact and licensure information for each design professional. The PDF management software, such as Adobe Pro, BlueBeam, ProjectDox, etc., will compare the design professional’s public and private keys to verify the authenticity of an electronic signature. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 8 DOCUMENT SECURITY SETTINGS Electronic documents created by a design professional will by necessity pass through the contractor, and perhaps the owner, before being delivered to the building department. The documents will need to be saved, marked by the building department and possibly printed by the contractor. When a PDF file is created there is an opportunity to set the rights others will have when handling it. It is acceptable to lock the pages that include a digital signature so that the information cannot be altered (a digital signature does not lock the document); however, it will be necessary for the building department to establish the security settings policy it needs to be able to verify that the document is authentic, mark the drawings as the official documents, and return the job copy to the contractor for use on the job. IMPLEMENTAION STRATEGY Transitioning the permit process from paper to electronic requires developing a strategy specifically tailored to your department. The strategy will have to address multiple issues that may need to be addressed differently in your jurisdiction than in other jurisdictions. x Work flow – The transition will result in fewer customers in your office. The role of the permit technician will change from customer service (front line) to data processing (back office). The electronic plan review process will allow multiple reviews to take place at the same time. Other departments or agencies that have review/approval responsibility may have access to the plans as soon as they are notified that they have been submitted. Diagram your workflow process before and after the transition to identify changes that staff will need to understand. x Integration of systems- Permitting software, inspection request systems, network servers, internet capabilities, e-mail capabilities, handheld devices, etc. Make sure your technology support specialists are included in the design of the process as well as the installation requirements. x Graduated implementation by permit type – Start with the easy permit types that do not require lots of documents or drawings to avoid being overwhelmed while staff is learning the process. Progress gradually until the process accepts any type or size project. x Training - Everyone will need to be trained on the new workflow. This includes elected officials, administrators, customers, and staff. x Publicize the change – Produce printed guidance that will help your customers understand their role in the new process. Issue press releases highlighting the broad benefits of a streamlined electronic process x Establish a timeline – Create a schedule or timeline that considers the acquisition and installation of software and hardware, integration of various components, training x Monitoring and evaluation – Create benchmarks that can help everyone recognize how the transition is progressing. x Control the urge to expand the scope of the project- Scope creep will cause problems with both the budget and the schedule. Plan for a second phase of the project to tweak the process after the initial phase is complete. FOLDER STRUCTURE An orderly submittal of drawing files will assist the building department in determining the folders that contain drawing files from the folders that contain support information files. The folder structure is applicable when submitting files on a portable storage device or uploading them directly via the internet or FTP site. Upon permit approval, the building department will provide approved documents to the contractor using a similar folder structure. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 9 Submittal Folder Structure The submittal folder structure is the format used by the design professional to organize and submit their documents to a building department. This format is applicable to the first submittal; subsequent rework submittals will only contain reworked documents. It is important to maintain the same naming protocol and page numbering throughout the permitting process. First Submittal (Current) Master Folder (Project Name) Sub-Folder (Permit Application) Sub-Folder (Plan Drawings) Sub-sub-folder – Civil/Site Sub-sub-folder – Architectural Sub-sub-folder – Structural Sub-sub-folder – Plumbing Sub-sub-folder – Mechanical Sub-sub-folder – Electrical Sub-sub-folder – Fire Sprinkler Sub-sub-folder – Fire Alarm Sub-Folder (Structural Calculations) Sub-Folder (Energy Calculations) Sub-Folder (Product Approvals) Sub-Folder (Specification Cut-sheets) Rework Submittal Master Folder (Process Number) Sub-Folder (Reworked Plan Drawings)-YYMMDD Sub-Folder (Reworked supporting documents)-YYMMDD Revision Submittal Master Folder (Master Permit Number) Sub-Folder (Revised Plan Drawings)-YYMMDD Sub-Folder (Revised Supporting documents)-YYMMDD As-built Submittal Master Folder (Master Permit Number) Sub-Folder (As-built Plan Drawings)-YYMMDD Sub-Folder (As-built Supporting documents)-YYMMDD FILE NAMING PROTOCOL File Naming/Format File Naming refers to the name given to each individual electronic file which contains a drawing. Each plan page shall be saved as a separate PDF. CAD drawings shall be saved into a PDF file formatted in single layer Black and White (Monochrome) setting. At a minimum, a file name should intuitively indicate the file contents. Abbreviations shall be used to classify and group related drawings. Documents such as Structural Calculations, Product Approvals, Energy Calculations, and Specification cut-sheets may be provided as a single multiple-page PDF and named accordingly. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 10 Drawing Abbreviations: CS Cover Sheet / Index G Government Sheet SP Site Plan C Civil L Landscape IR Irrigation DE Demolition A Architectural M Mechanical E Electrical P Plumbing S Structural FS Fire Sprinkler FA Fire Alarm LS Life Safety The design professional may elect to further describe a file by adding to the minimum naming convention a description of the page. Examples of optional drawing file naming: A101-Ground Floor.pdf A102-Reflected Ceiling.pdf Reworks Reworks are classified as corrections made to plans during the current review process prior to permit approval. The same file naming convention should be used with the addition of “rwk” and the date of the rework following the file naming example below. When sorted all reworked pages of similar types will group and ordered by date. Example of rework files naming: A101-rwk-YYMMDD.pdf (YYMMDD is the two digit year, month and day format) Permitted This establishes the documents that the permit was based on. Example of permit files naming: A101-per-YYMMDD-agency.pdf (Where “AGENCY” is a 6 letter acronym for the issuing entity) Revisions Revisions are classified as changes made to the scope of work after permit issuance. Revised drawings are submitted following the same naming convention established with the addition of “rev” and the date of the revision following the file naming example below. When sorted all revised pages of similar types will group and ordered by date. Example of revision files naming: A101-rev-YYMMDD.pdf (YYMMDD is the two digit year, month and day format) BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 11 As-built (Final Updated Plans) These documents represent the as-built plans. Example of as-built file naming: A101-asb-YYMMDD.pdf (YYMMDD is the two digit year, month and day format) FILE TRANSFER METHODS Digital documents may be delivered using any of the following methods; 1)Internet - Via electronic file transfer 2)Delivered to the building department a.CD, b.DVD, c.Flash drive, or d.Other storage device PLAN REVIEW A plans examiners workflow is usually driven by a report or queue process within the permit software that lists the permits that need a review. In a paper process the physical location of the plan set is notated in the permit software. In an electronic document process, the documents may be accessed through a tab that links to the electronic documents, or a notation that identifies where to find the documents on the network server. Dual monitors are essential when reviewing electronic plans. One monitor used to navigate a plan should be at least 24 inches measured diagonally. 30 or 40 inch monitors are recommended to allow more of the document to be visible. The second monitor can be used to access the permit software, internet, codes and references, and checklists. High definition monitors or televisions are lower in resolution and can create eye strain during long term use. It is recommended that high resolution computer monitors be used to reduce this effect. The software used to navigate the documents should have measurement and notation tools that allow the plans examiner to scale the drawings and make notations. Adobe Acrobat Professional, BlueBeam or ProjectDocs are examples PDF management programs that will adequately handle the plan review task. Understand that any notation or comment placed on a drawing that has been signed with an encrypted signature will void the signature, requiring a replacement page to be submitted. The best way to preserve the integrity of the original document is to open each document, and save it with a unique file name (for instance add “review” to the file name). When drawings need to be re-worked to achieve code compliance, a marked up drawing and/or narrative can be transmitted to the contractor for correction and re-submittal. When a rework drawing is received and approved it should replace the defective drawing in the official “approved” drawing set. The obsolete drawing(s) should be placed in a sub-folder labeled “Obsolete”. BOAF, AIA-Florida, FES JOINT TA SK FORCE Page 12 MARKING DOCUMENTS FOR THE JOBSITE Each jurisdiction will need to create an approval stamp image to watermark approved documents, for use in the jobsite. In a paper process an ink impression stamp is normally used to identify official documents that are returned to the contractor to be used on the jobsite. In an electronic process, marked electronic documents are returned to the contractor via the internet or storage device. The contractor can then have a jobsite paper set of documents printed for use by the building inspector(s). When the building inspectors have the ability to access official documents via the internet a printed set of documents may not be needed. DECISION CHECKLIST a)What file format will be mandated? Limit choices to common formats b)How will documents be exchanged? Establish an online document exchange if possible c)Where will documents be stored? Within permit software, network server or cloud server d)How will files be named? See naming protocol e)How will documents be reviewed? BlueBeam, Adobe Acrobat Pro, ProjectDocs, etc. f)How will signatures be verified? Public key match by the department or a Third party g)What hardware will be required? Dual monitors for plans examiners h)What software will be required? PDF management for plans examiners i)How will documents be marked? PDF management stamp template j)How will payment be accepted? Online, offline and escrow account The transition to an electronic permitting process is not easy or cheap, but it is inevitable. Once the process is successfully operational in a neighboring jurisdiction, the speed and efficiency of electronic permitting will inspire your customers to demand the same service in your jurisdiction. Don’t wait for that to happen. Begin now creating a strategy for electronic permitting. It is important to include any agency or department that is involved in the permitting process in your planning and implementation process. Understanding the capabilities and limitations of these partners may help you create a system that has maximum functionality for everyone involved. Updated November 26, 2019 #Recommendation Department Staff Recommendation Status Action Required Action Plan Timeline / Date Effective Update 1 Cross-train reviewers to review similar but multiple disciplines. Reducing the number of individual departments reviewing permit applications. All Where Feasible Continuous Administrative The Building Department has begun cross training amongst reviewers in the building flooding and roofing disciplines. Estimated cross training completion October 2019 2 Cross-train administrative staff responsible for the intake and routing of applications and plans so that they have an understanding of the disciplines involved. Expand their responsibilities to include conducing completeness checks at the intake of both initial applications and resubmittals. Building Agreed Continuous Administrative Clerical staff is responsible for intake and routing and is currently trained in a cursory review of the applications and plans. However that level of staff is not formally trained in reviewing plans and therefore any misinformation provided on applications and plans would be caught by plan reviewers. We do provide permit tech training to continue to improve the competencies of our team. In action in perpetuity 3 Cross-train reviewers to review similar but multiple disciplines. Reducing the number of individual departments reviewing building permit applications. Building Agreed In-Progress Administrative The Building Department has begun cross training amongst reviewers in the building flooding and roofing disciplines. Estimated cross training completion October 2019 4 Transition to digital application and plan set submission for the Drop-off Building Permit Process. Building Agreed In-Progress Administrative Currently configuring and testing online applications and plans submission Estimated October 2019 November 2019to start transitioning drop-off permit types to online app and plan submittal Estimated Compete Date October 2020 10/2019 - A pilot online application and plan set submission for permit type Interior Remodel have been configured. Once this one is smooth we will configure additional permit types for online plan submission. 5 Transition the current walk-thru permitting process to an electronic application submission that is reviewed the next business day. Building Agreed In-Progress Administrative We will explore the possibility of having dedicated staff that will review online submission with a one day turn around time. Currently we are configuring and testing online applications and plans that do not require plan review. June 2019 - December 2019 10/15/2019 - While we continue to explore the possibility of having dedicated staff that will review online submission with a one day turn around time we have transitioned to a 24 hour walk through process effective October 15, 2019. This process allows applicants to drop off plans that fall within the walk through process and return the next business day to pick up finalized plans or plans needing corrections. We are also configuring and testing online applications that do not require plan review(sub-permits) that would allow applicants to instantly receive a permit. 6 Examine ways to reduce the number of temporary certificate of occupancies applied issued. Building Agreed Implemented Administrative We have begun to require a letter from the owner or contractor on projects that have gone beyond three TCO renewals. We will also explore a fee increase on subsequent renewals after the first. Effective May 1, 2019 Updated November 26, 2019 7 Update policies and procedures to require all comments to be readdressed at the time of resubmittal. Building Agreed Implemented Administrative A requirement to address all comments before re-submittal was incorporated into the resubmission checklist. Effective May 17, 2019 8 Require the applicant to resubmit a complete plan set upon each resubmission. Building Agreed In-Progress Administrative This will be the standard requirement once plans begin to be submitted electronically Estimated after October 2019 2020 Pending Item No. 4 9 Permit Clerks should be allowed to process credit card payments at their terminal after receiving proper training. Building Agreed Implemented Administrative iPad for payments have been installed at each permit counter.Estimated start July 2019 Implemented July 2019 10 Ensure proper policies are in place related to the determination of fees, especially for private provider permits for smaller scale project where minimum fees are assessed. Building Agreed Continuous Administrative Department SOP's are constantly being developed and revised as needed. Ongoing 11 The Building webpage should be streamlined to provide relevant information through less searching. An overview of the application and review process should be provided through a graphic. Building Agreed Continuous Administrative The Building department is constantly looking to innovate and improve. A graphic for the process if being developed. Ongoing 12 Require all reviewers to sign off or indicate not applicable on all plan sheets. Building - Lead, All Agreed Implemented Administrative Effective 6/6/19 13 Reviewers should sign each plan sheet versus completing the approval cover letter for walk through permits. Maintaining integrity throughout the review and construction process. Building - Lead, All Agreed Implemented Administrative Effective 6/6/19 14 Create the position of Permit Coordinator to provide oversight of the entire development review and permitting process. The Permit Coordinator would also serve as a liaison to the development community to resolve issues. City Manager Agreed Pending Legislative Further analysis is required post adoption of the FY 2019/2020 budget. Not funded in the FY 2020 Budget 15 Conduct public hearings for land development regulation text amendments to once per quarter (initially) versus the current philosophy of conducting hearings at will throughout the year. Three year goal is to conduct public hearing for land development regulation text amendments to twice a year. Planning Agreed To Be Implemented After Code Rewrite Legislative Pending Code Rewrite Pending Code Rewrite 16 Other review departments should receive notice regarding projects being reviewed by the four Planning Boards and be provided an opportunity to “opt in” to commenting or providing recommended conditions of approval. Planning Agreed Implemented Administrative The Development Review Committee was established May 9, 2019. The first meeting for the DRB and HPB was held in July. All Boards will be incorporated by August/September. The DRC does not apply to applications to the BOA. Jul-19 17 Expand participation in pre-application meetings and use them as an opportunity for broad input from the City on all issues potentially affecting a project. Do not require applicants to identify what board their project is subject to before attending the preapplication meeting. Planning Agreed Implemented Administrative The Development Review Committee was established May 9, 2019. The first meeting for the DRB and HPB was held in July. All Boards will be incorporated by August/September. The DRC does not apply to applications to the BOA. Jul-19 Updated November 26, 2019 18 Consider requiring staff-issued Planning permits for some complex projects that don’t require Board approval but that do review staff review to ensure that all site issues are addressed prior to architectural review. Planning Not Recommended N/A Legislative No Action At This Time N/A 19 Transition to electronic packets for all land use boards.Planning Agreed Pending Legislative This requires the purchase, training and deployment of electric devices to board members. Further analysis and discussion with the Boards is required post adoption of the FY 2019/2020 budget. Pilot program being developed for the Planning Board 20 Conduct public hearings for land development regulation text amendments at the first reading of the ordinance. Planning Not Recommended N/A Policy No Action At This Time N/A 21 Rewrite the land development regulation portion of the adopted City codes and ordinance to incorporate best practices. Planning Agreed In-Progress Legislative A RFQ for the Resiliency Code Rewrite was issued June 7, 2019 with a close date of July 23, 2019 (RFQ2019-209-ND). A time line for the completion of this recommendation will be established after the procurement process. In Procurement Process 10/16/2019 - The City Commission accepted the recommendation of the City Manager, authorizing the administration to enter into negotiations with Perkins & Will Architects Inc., as the top ranked proposer for the Resiliency Code Rewrite. 22 Modify the approval authority for single family homes constructed pre-1942 and not located in a local historic district. Staff should have the authority to review and approve these permit types. Planning Agreed No Longer Moving Forward Legislative Staff will be presenting an ordinance to accomplish this recommendation. Earliest adoption by Fall 2019 10/16/2019 - Ordinance withdrawn by sponsor. 23 Conduct a review of project types to identify more projects that can be approved at the staff level without Board review. Single family residences in particular should be fast tracked with staff review if possible. Planning Agreed In-Progress Legislative Staff will be presenting an ordinance to accomplish this recommendation. Earliest adoption by Fall 2019 10/16/2019 - Ordinance referred back to Land Use Committee for further discussion. 24 Consider moving the authority for issuing variances to the city Board of Adjustment so that the Land Use boards responsible for determining compliance with regulations are not also responsible for issuing variances. Planning Not Recommended N/A Legislative No Action At This Time N/A 25 Ensure that all planning staff involved in development review is included in the development and review of proposed land use text amendments. Planning Agreed Implemented Administrative All Planning Technical Staff is involved in the development and review of proposed land use text Implemented 26 The Planning webpage should be expanded to provide more relevant information on the webpage versus a link to the municipal code. Additional information should be provided for each land use boards and review authority and approval. Planning Agreed In-Progress Administrative The Planning Webpage is currently being updated to provide relevant information and process instructions. Fall 2019 27 Create a manual or series of handouts detailing specific historic design standards. Planning Agreed In-Progress Administrative Manuals and hand outs are being created/updated for both historic and nonhistorical design standards. Fall 2019 28 Exclude interiors from Historic Preservation Board review and transition to staff review. Planning Not Recommended N/A Legislative No Action At This Time N/A Updated November 26, 2019 29 Reduce the timeline for conducting a public hearing for land use boards between 4 and 6 weeks after application is received. Planning Generally agreed No Longer Moving Forward Legislative Further research is required for this recommendation. Staff will be proposing an amendment to the notice requirements, this will help to reduce the application review time, but additional modifications to the application process may be required. Fall 2019 10/16/2019 - Ordinance withdrawn by sponsor. 30 Ensure holistic approach to resiliency standards including discordance between elevated and non-elevated building in or near historic areas. Planning Agreed Continuous Legislative The LDRs have been updated over time to achieve this goal. However, this goal will also be incorporated into the code rewrite. See Recommendation 21 31 In conjunction with streamlining regulations to reduce the use of variances, HPB's jurisdictions should be to determine historic appropriateness only. Planning Not Recommended N/A Legislative No Action At This Time N/A 32 Include other review agencies in the Planning review, and where possible identify and ensure resolution of issues that would otherwise potentially delay or derail a project once it reaches the building permit stage. Planning - Lead, All Agreed Implanted Administrative See Recommendation 17 See Recommendation 17 33 Implement a Development Review Committee of staff responsible for transportation, public works, floodplain management, urban forestry to participate in pre-application meetings and review projects before they are seen by the community’s Land Use board. Planning - Lead, All Agreed Implanted Administrative See Recommendation 17 See Recommendation 17