BACKGROUND

Chapters 118, Article III of the Land Development Regulations (LDR’s) of the City Code sets forth the process and minimum notice requirements for amendments to the LDR’s. In addition to a noticed hearing before the Planning Board, 2 separate hearings are also required before the City Commission. This is in addition to review by the applicable Commission Committees.

In addition to the notice requirements set forth in Chapter 118, Article III of the LDR’s, residents can receive targeted notices for any board, committee, or subject matter, through the constant contact portal on the City’s website. The following is the link to enroll: https://apps.miamibeachfl.gov/residentconnect.

By enrolling, residents can receive both targeted notices, as well as notifications based upon keywords on any City meeting agenda.

The minimum notice requirements for all land use boards are set forth in Chapter 118 as well. These minimum notice requirements, which are 30 days in most instances, include site posting, published notice and mail notice for each application and include a minimum mail notice radius of 375 feet.

ANALYSIS
The Administration believes that a very robust public notice and review process currently exists for LDR amendments and development review applications. Additionally, when combined with the constant contact noticing options, full public notification is currently available.

In discussion with the item sponsor, a hybrid approach to this proposal is recommended at this time. In this regard, the attached Resolution directs the Administration to study ways to enhance the way notice is provided for all Land Use Board applications and LDR amendments to all registered neighborhood associations through the residents right to know portal. Specifically, the following is noted:

1. The Administration will advise each registered association of the ability to opt into Land Use Board and Code Amendment notice portals, by area.

2. The Administration will study ways to further enhance the way notice is provided for all Land Use Board applications and LDR amendments to all registered neighborhood associations through the residents right to know portal.

3. If complications arise, the City Commission can easily provide direction to the Administration to address any issues.

4. The Administration will provide a report to the City Commission in approximately six (6) months regarding the effectiveness of this strategy.

After a six month look back, the City Commission can decide whether to move forward with an amendment to the LDR’s to codify an enhanced notice process, if necessary. Although MBU had suggested a minimum 60 day notice, that would be difficult for Land Use Board applications, as the lead time for submittals would increase significantly. Also, as it pertains to LDR amendments, a mandatory 60 day notice would impact the ability of the City Commission to refer code amendments on an expedited basis.