Item Coversheet

New Business and Commission Requests - R9  D




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:May  4, 2022
 



SUBJECT:REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND THE PLANNING BOARD - LDR UPDATE AND RESILIENCY CODE.

RECOMMENDATION

The Administration recommends that the City Commission refer the proposed Resiliency Code and an updated LDR Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board.

BACKGROUND/HISTORY

In 2019, at the recommendation of the Matrix Group, the City Commission directed the Administration to issue an RFP for a new Resiliency Code. The drafting of this code, using a form-based approach, would also be a long-needed update of our current Land Development Regulations (LDR’s), which have not been holistically evaluated since adoption in 1989.

As previously directed by the City Commission, the Administration negotiated a scope of services with the top ranked firm, Perkins and Will, and the contract was executed in 2020. The consultant began work on the revised code, which included a full review of the Land Development Regulations (LDR’s). The consultants were also tasked with assessing potential impacts of flooding, climate change and sea level rise city-wide and to recommend mitigation strategies within the updated LDR’s as part of the new Resiliency Code.

ANALYSIS

The consulting team commenced the code update process by engaging in substantive scenario planning with City staff. This included an analysis of future trends, projected impacts of climate change and sea level rise, as well as other factors such as population growth, transportation and mobility, hazard mitigation and the preservation and protection of cultural and architectural resources. This scenario planning has resulted in an ideal framework for the recommendations that will be included as part of the draft of the Resiliency Code.

In 2021, City staff organized a number of focus group workshops involving stakeholders from a wide variety of interests and disciplines, including residents, developers, property owners, attorneys, design professionals and neighborhood groups. Because of the size of the workshops, multiple meetings were held, primarily using virtual platforms, due to the pandemic.

The code consultant team has completed a substantial portion of the work and expects to have a draft document ready by early – mid June. Attached, for reference, is a draft outline of the structure of the update Code. It is anticipated that the actual document itself will be presented to the Planning Board and Land Use Committee during the months of June and July, for more substantive feedback and review. Commissioner Ricky Arriola, the Chair of the Land Use and Sustainability Committee (LUSC) is the sponsor.

The Planning Department is in the process of organizing multiple Planning Board workshops during the months of June and July, which will also provide an opportunity for additional community-based input and comments. It is further anticipated that the Planning Board will transmit the document, in its entirety, to the City Commission, with a recommendation, on July 26, 2022.

The Administration is planning on presenting the proposed Resiliency Code and updated LDRs to the City Commission for First Reading on September 14, 2022. If approved at First Reading, Second Reading / Adoption would be set for the October 26, 2022.

APPLICATION FEE WAIVER
The subject amendment is being referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.

SUPPORTING SURVEY DATA

Enhance Residents Quality of Life

FINANCIAL INFORMATION

No Fiscal Impact Expected

CONCLUSION

The Administration recommends the following:

1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.

2. The City Commission refer the subject Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
Updated Code Structure