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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 7.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: July 12, 2021
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| | | | | | | | | TITLE: | DISCUSS THE MIAMI BEACH UNITED REQUEST ON ADDITIONAL NEIGHBORHOOD NOTICE FOR DEVELOPMENT PROPOSALS AND LDR CHANGES |
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| | | | | | | | HISTORY:
| | On June 23, 2021, at the request of Commissioner Mark Samuelian, the City Commission referred a discussion item pertaining to a request by Miami Beach United for additional neighborhood notice for development proposals and LDR changes to the Land Use and Sustainability Committee (C4 E). |
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| | | | | | | | ANALYSIS:
| 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
Miami Beach United (MBU) has proposed the following text amendment to Sec. 118-162 of the LDR’s to address neighborhood awareness and understanding:
Sec. 118-162
Neighborhood associations shall be notified by the City of development proposals and Land Development Regulation changes which are not city-wide and which affect those neighborhood associations, either by being located within the association's neighborhood or adjacent to its neighborhood. Such notification must be made at least 60 days prior to any hearing before the City Commission or any land development review Board, excluding Commission referrals. For the purposes of this paragraph, "neighborhood association" shall mean any active neighborhood association recognized by the City on its official website.
The Administration has concerns with the amendment proposed by MBU. Specifically, the following is noted:
1. City ‘development proposals’ is not defined. This could pertain to anything from an RFLI to a streetscape proposal.
2. The type of notice is not defined in the proposal, nor does the proposal define how an association would be notified.
3. The proposal does not define how an amendment or development proposal would ‘affect’ a neighborhood or neighborhood association for purposes of providing notice.
4. There is no established criteria for an NOA or Neighborhood Association to be listed on the City website. Currently, any association, regardless of membership, can register via the online form. Once they register, they are added to the webpage. Additionally, there are a number of neighborhood associations on the City’s website; staff would need to make a judgement call as to which association would be affected for each application.
5. 60 days is a very long lead time for noticing. As noted above, the minimum notice requirement for land use board applications is 30 days, and includes site posting, mail notice and published notice. Additionally, such lead time would affect the ability of the City to process amendments on an emergency or expedited basis.
6. The additional noticing requirement would establish another avenue for appeal of City and private applications if the notice is not followed.
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, ample public notification is currently available. As such, while appreciative of the efforts of MBU to further expand notice requirements, the Administration would not recommend the code amendment proposed herein.
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| | | | | | | | CONCLUSION:
| | In view of the foregoing, the Administration recommends that the LUSC discuss and conclude the item with no further action. |
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| | | | | | | | | 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 | |
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