Item Coversheet

Ordinances - R5  J




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:March  13, 2019
 

First Reading

SUBJECT:

DEVELOPMENT AGREEMENT TIMETABLES

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," CHAPTER 118, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 118-4, ENTITLED "AUTHORITY TO ENTER INTO DEVELOPMENT AGREEMENT; HEARINGS," IN ORDER TO PROVIDE THAT A DEVELOPMENT AGREEMENT MAY EXTEND THE EXPIRATION DATE OF CITY LAND USE BOARD ORDERS FOR PROJECTS CONTEMPLATED IN THE DEVELOPMENT AGREEMENT; AMENDING ARTICLE IV, ENTITLED "CONDITIONAL USE PROCEDURE," SECTION 118- 193, ENTITLED "APPLICATIONS FOR CONDITIONAL USES"; AMENDING ARTICLE VI, ENTITLED "DESIGN REVIEW PROCEDURES," SECTION 118-258, ENTITLED "BUILDING PERMIT APPLICATION"; AMENDING ARTICLE VIII, ENTITLED "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," SECTION 118-355, ENTITLED "VARIANCE TIME LIMITS; DECISIONS"; AND AMENDING ARTICLE X, ENTITLED "HISTORIC PRESERVATION," DIVISION 2, ENTITLED "HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS," SECTION 118-532, ENTITLED "PROCEEDINGS BEFORE THE HISTORIC PRESERVATION BOARD," TO PROVIDE THAT A LAND USE BOARD ORDER MAY BE AUTOMATICALLY EXTENDED PURSUANT TO A DEVELOPMENT AGREEMENT THAT PROVIDES FOR A LATER EXPIRATION DATE THAN THE EXPIRATION DATE OTHERWISE APPLICABLE TO SUCH LAND USE BOARD ORDER; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading public hearing for April 10, 2019.

ANALYSIS

HISTORY
On January 16, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed ordinance amendment to the Land Use and Development Committee and Planning Board (Item C4 AF).

The Land Use and Development Committee reviewed the proposed amendment on February 20, 2019 and recommended approval.

PLANNING AND LEGAL ANALYSIS
Section 163.3220-163.3243, Florida Statues, entitled the “Florida Local Government Development Act,” provides, as part of the legislative intent, the desire to limit uncertainty in the approval of development, which lack of certainty can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. A City Commission approved development agreement can provide assurances to a developer that upon receipt of a development permit he or she may proceed in accordance with existing laws and policies, subject to the conditions of the development agreement, which then strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development.

Under state law, a development agreement may not exceed 30 years in duration. Although the duration of the City’s development agreements will vary, the term of a development agreement can often exceed the time period authorized under a development order approved through the City’s Land Development Regulations. In the City development agreements are approved by the City Commission and all development orders approved by the Board of Adjustment, Design Review Board, Historic Preservation Board, and Planning Board, expire in 18 months, if no building permit is pulled within the 18 month period. The City’s Land Development Regulations solely provide for a possible a one year extension, after public hearing, for a Board of Adjustment, Design Review Board, Historic Preservation Board, or Planning Board development order; for a possible total of 30 months before the development order expires, if no building permit is pulled.

The foregoing 18-30 month default time periods may conflict with the express negotiated terms of a City Commission approved development agreement. Moreover, development orders of the Board of Adjustment, Design Review Board, Historic Preservation Board, or Planning Board (City’s Land Use Boards) may be insufficient to ensure compliance with the development agreement.

In fact, by expiring, the developer would be required to seek additional, unnecessary hearings, and may face additional legal challenges that would require the developer to seek new approvals over the term of the development agreement; even though the development agreement may vest the developer with the zoning code requirements from the time period when the agreement was entered.

As state law recognizes a development agreement may include a duration of up to 30 years, and include additional terms and timeframes tailored to the needs of each project, the City desires to conform its code to be consistent with the provisions of Florida Statutes 163.3220- 163.3243 relating to the requirements of a development agreement, to clarify that the timeframes set forth in a development agreement shall control over any shorter timeframes provided in development orders of the City’s Land Use Boards. The attached amendments are necessary to accomplish all of the above objectives.

The City currently has a development agreement in place for the 500-700 Alton Road project, which is expected to be considered by the Planning Board later this year. The development agreement has a lifespan of seven (7) years. If this proposed change is approved, the Planning Board and Design Review Board approvals for the project will be valid for the duration of the development agreement.

PLANNING BOARD REVIEW
On February 26, 2019, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).

CONCLUSION

The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading public hearing for April 10, 2019.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
Ordinance