NOTICE REQUIREMENTS FOR DISCUSSION ITEMS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 2 OF THE RESILIENCY CODE, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II, ENTITLED "GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES," SECTION 2.2.4, ENTITLED "PUBLIC HEARING," BY AMENDING SUBSECTION 2.2.4.1, ENTITLED "PUBLIC NOTIFICATION," TO ESTABLISH A NOTICE PROCEDURE FOR CERTAIN DISCUSSION ITEMS THAT ARE SCHEDULED BY LAND USE BOARDS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

Currently, there are no minimum notice requirements for discussion items that may be taken up by the City’s LUB’s (DRB, HPB, Planning Board or Board of Adjustment). Generally, when a member of an LUB requests a particular matter be discussed, the practice has been for the Board to place such discussion on the next available agenda. At that point, the item is added to the City’s online agenda system where it is available to the public.

While not common, there have been instances where a LUB discusses and provides a recommendation on an item that was not on a published agenda and without any type of notice. To increase transparency related to these types of discussion matters, at the request of the LUSC, the Administration has drafted the attached ordinance, which establishes the following minimum notice requirements for LUB discussion items:

1. At least 10 days prior to any discussion item being heard specific to a single property, a courtesy mail or email notice shall be sent to the owner of such property, and the title for such discussion shall be posted on the City’s online agenda system.

2. At least 10 days prior to any discussion item being heard with respect to multiple properties, the title for such discussion shall be posted on the City’s online agenda system.

To avoid conflict with the City’s Charter provision regarding the powers and duties of the HPB, the above provisions are not applicable to HPB discussion items pertaining to the initiation of historic designation. While the Administration will continue to make every attempt to provide advance notice to a property owner, the following additional supplemental notice for HPB matters is included in the ordinance:

1. Within 10 days following an action by the HPB to initiate the historic designation of a single property or a district containing less than 10 properties, a mail or email courtesy notice shall be provided to such property owner(s).

It is important to note that the existing historic designation procedures currently require a minimum of five (5) public notices after the HPB votes to initiate the designation process. The designation of an individual property or an area less than 10 acres includes a mail notice to any affected property owner and all property owners within 375’ prior to HPB review of a preliminary evaluation and prior to the initiation of zoning in progress.

In summary, the proposed enhanced notice provisions for discussion items before the City’s LUBs are expected to increase transparency and provide property owners with pertinent information regarding their individual property.

PLANNING BOARD REVIEW
On June 27, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-0).

APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. 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 Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

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 Administration recommends that the City Commission determine that the proposed amendment is necessary to implement best practices in urban planning and waive the applicable fees.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable