HomeMy WebLinkAboutOrdinance 2025-4777 Notice Requirements for Rescheduled LUB Meetings
ORDINANCE NO. 2025-4777
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
MIAMI BEACH RESILIENCY CODE, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE II, ENTITLED "GENERAL
DEVELOPMENT APPLICATION AND HEARING PROCEDURES," BY
AMENDING SECTION 2.2.4, ENTITLED "PUBLIC HEARING," TO
MODIFY THE PUBLIC NOTICE REQUIREMENTS FOR LAND USE
BOARD APPLICATIONS; AND PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the ''City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the Land Development Regulations of the City Code establish minimum
public notice requirements for applications before the City's land use boards; and
WHEREAS, the Mayor and City Commission desire to clarify the public notice
requirements for land use board applications that may be rescheduled or continued to a future
date; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 2, "Administration and Review Procedures", Article II "General Development
Application and Hearing Procedures," is hereby amended as follows:
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE II. General Development Application and Hearing Procedures
* * *
2.2.4 PUBLIC HEARING
* * *
2.2.4.1 Public Notification
Hearings before a land use board on an application for development approval shall be noticed to
the public in accordance with the following provisions, unless otherwise more specifically provided
for in these land development regulations, and the applicant shall pay a fee for such notices
pursuant to section 2.2.3.5.
Page 1 of 3
a. Advertisement. At least 30 days prior to the public hearing date, a description of the
request, and the date, start time of the meeting and location of the hearing shall be noticed
on a publicly accessible website hosted by Miami-Dade County, consistent with the
requirements of section 50.0311, Florida Statutes.
b. Mail notice. At least 30 days prior to the public hearing date, a description of the request,
and the date, start time of the meeting, and location of the hearing meeting shall be given
by mail to the owners of record of land lying within 375 feet of the property that is the
subject of the application. Additionally, for applications involving a property that contains
at least one residential unit, a courtesy notice shall be mailed at least 30 days prior to the
public hearing date to existing tenants, as of the date that the mail notice is issued, of
residential units on the property that is the subject of the application. This courtesy notice
shall include a description of the request, the date, start time, and location of the meeting,
as well as a link to the housing impact statement associated with the application. The
applicant shall provide a separate set of mailing labels for this courtesy notice, as well as
evidence to the planning director that reasonable efforts were used to identify all existing
tenants of the residential units. For purposes of this paragraph, courtesy notice shall only
be required for tenancies of at least six months and one day. The courtesy notice shall be
for informational purposes only and the validity of the subject application or of any approval
thereof shall not be affected by any failure to identify all tenants of residential units on the
property. Applicants shall submit all information and certifications necessary to meet this
requirement, as determined by the planning department. Additionally, courtesy notice shall
also be given to any Florida nonprofit community organization which has requested, in
writing, that the Planning Director provide notice of board hearings.
c. Posting. At least 30 days prior to the public hearing date, a description of the request, and
the date, time, and place of such hearing shall be posted on the property. Such posting
shall have a minimum dimension of 11 inches by 17 inches and shall be located in a visible
location at the front of the property and shall not be posted on a fence or wall that would
be obstructed by the operation of a gate.
d. Discussion items.
1. At least 10 days before a land use board holds a discussion that is specific to a single
property, a courtesy mail or email notice shall be sent to the owner(s) of record of
such property, and the item title for such discussion shall be posted on the city's online
agenda system. Additionally, reasonable best efforts shall be used to provide
courtesy mail or email notice to any resident or tenant of the property, if applicable.
2. At least 10 days before a land use board holds a discussion regarding a matter that
impacts or could impact more than one property, the title such discussion shall be
posted on the city's online agenda system.
3. Notwithstanding subsections (d)(1) or (d)(2) which shall not apply to historic
designation proceedings, within 10 days following an action by the historic
preservation board to discuss or initiate the historic designation of a single property
or a district containing less than 10 properties, a mail or email courtesy notice shall
be sent to the owner(s) of record of such properties. Additionally, reasonable best
efforts shall be used to provide courtesy mail or email notice to any resident or tenant
of the property, if applicable.
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e. Cancelled or rescheduled meetings. For land use board meetings that are cancelled or
rescheduled after the agenda items have been noticed in accordance with Section
2.2.4.1.a-c, all items on the agenda of the cancelled or rescheduled meeting shall
automatically be placed on the agenda of the next land use board meeting. At least 5 days
prior to the rescheduled public hearing, a courtesy notice for the agenda items that were
cancelled or rescheduled shall be provided on a publicly accessible website hosted by
Miami-Dade County, consistent with the requirements of section 50.0311, Florida
Statutes.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such intention;
and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this /7 day of f'' nil bt r 2 7,S—
ATTEST:
Steven MeOgr, Mayor
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B
Rafael E. Granado, Cit Clerk
y DEC 2 2 202a
INZO g()RATED....
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Verified by:
Thomas R. Mooney, AICP
Planning Director APPROVED AS TO
FORM AND LANGUAGE
& FQR EXECUTION
Sponsored by Commissioner David Suarez
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Cit ttorney Date
T:\Agenda12025\09 September 17,2025\Planning\Notice Requirements for Rescheduled LUB Meetings-First Reading ORD.docx
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Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM. Eric Carpenter, City Manager
DATE: December 17, 2025 9:17 a.m. Second Reading Public Hearing
TITLE: NOTICE REQUIREMENTS FOR RESCHEDULED LUB MEETINGS
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 MIAMI BEACH RESILIENCY CODE, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II, ENTITLED
"GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES," BY
AMENDING SECTION 2.2.4, ENTITLED "PUBLIC HEARING," TO MODIFY THE
PUBLIC NOTICE REQUIREMENTS FOR LAND USE BOARD APPLICATIONS;
AND PROVIDING FOR CODIFICATION: REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On February 3, 2025, at the request of Commissioner David Suarez, the City Commission referred
a discussion item pertaining to cancelled Land Use Board (LUB) meetings and member
attendance requirements (C4 AW) to the Land Use and Sustainability Committee (LUSC). On
June 10, 2025, the LUSC discussed the proposal and recommended that the City Commission
refer an ordinance amending the Land Development Regulations of the City Code (LDRs) to the
Planning Board, in accordance with the recommendations in the LUSC memo. On July 23, 2025,
at the request of Commissioner David Suarez, the City Commission referred the proposed
ordinance to the Planning Board (C4 B).
ANALYSIS
Attached is a draft ordinance amending Chapter 2 of the LDRs, specific to cancelled or
rescheduled LUB meetings. The ordinance creates a section for LUB meetings that are cancelled
or rescheduled after the agenda items have been noticed. In these instances, all items on the
agenda of the cancelled or rescheduled meeting would automatically be placed on the agenda of
the next LUB meeting. Additionally, a minimum 5-day courtesy notice for the agenda items that
were cancelled or rescheduled would be provided on a publicly accessible website hosted by
Miami-Dade County.
The Administration is supportive of the proposed ordinance, as it provides greater clarity regarding
the notice requirements for cancelled or rescheduled LUB meetings.
PLANNING BOARD REVIEW
On September 9, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
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UPDATE
The subject ordinance was approved at First Reading on September 17, 2025, with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 9/24/2025
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle
restriction for the subject LDR amendment in order for Second Reading of the ordinance to
occur prior to January 2026.
2. The City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
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Condensed Title
*9:17 a.m. 2nd Rdg, Notice Requirements for Rescheduled LUB Meetings. (Suarez) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 9/17/2025 - R5 N
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