HomeMy WebLinkAboutOrdinance 2025-4782 Land Use Board Consent Agenda Procedures
ORDINANCE NO. 2025-4782
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 "MIAMI BEACH RESILIENCY
CODE," CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE I, ENTITLED "LAND USE BOARDS," SECTION
2.1.1, ENTITLED "GENERALLY," TO MODIFY THE MEETING AND
AGENDA PROCEDURES FOR CITY LAND USE BOARDS; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the current meeting and
agenda procedures applicable to the City's land use boards (Board of Adjustment, Design Review
Board, Historic Preservation Board, and Planning Board) in the Land Development Regulations;
and
WHEREAS, all of the City's land use boards currently hold public hearings on land
development applications as part of the development review process; and
WHEREAS, occasionally, due to the length of a land use board agenda, applications are
not heard on the initial noticed meeting date and are continued to a future date, including
applications that are ultimately approved unanimously without any public comment; and
WHEREAS, codifying a procedure for the land use boards to elect to utilize a consent
agenda would promote the general health, safety and welfare of the residents of the City; and
WHEREAS, an application may only be approved as part of a consent agenda if the
criteria set forth in this Ordinance are satisfied; and
WHEREAS, this Ordinance does not relax existing notice and public hearing
requirements; 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 of the Miami Beach Resiliency Code, entitled "Administration and Review
Procedures," Article II, entitled "General Development Application and Hearing Procedures," is
hereby amended as follows:
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
*
ARTICLE I. LAND USE BOARDS
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* *
2.1.1 GENERALLY
* * *
2.1.1.6 Meetings and agendas
a.Procedures. Unless appointed by the city commission, each land use board shall by majority
vote select a chairperson and vice chairperson. Meetings of each land use board shall be held
within a reasonable time upon receipt of an application, or at such other times as the board may
determine, or upon call of the chairperson or the planning director. Each land use board shall
follow Robert's Rules of Order, subject to the limitations of the city's Charter and ordinances and
shall keep minutes of its proceedings showing its action on each question considered. All
meetings shall be open to the public. Members of the public at the meeting shall have the right
to address the land use board and to present evidence.
b. Consent agendas. The planning director may establish a consent agenda for each land
use board meeting agenda. Applications listed as part of the consent agenda may be approved
pursuant to a single motion of the respective board. For a land use board application to be
considered and approved as part of the consent agenda, all of the following criteria shall be
satisfied:
1. Prior to the meeting, the applicant shall agree in writing to all conditions set forth in
the draft development order for the application, as prepared by the planning
director and published as part of the meeting agenda.
2. All voting members of the board present at the meeting shall agree to forgo
(A) a presentation by the applicant and (B) any questions or board discussion
on the application. If any member separates an application for discussion, the
application shall be separately heard and shall not be eligible for consent
approval.
3. There is no public comment on the application, after the chairperson or board
liaison introduces the application and requests public comment.
If all of the above conditions are satisfied for an application listed on a consent agenda, the board
may approve the project without any further discussion. Nothing in this section shall be construed
to exempt a land use board application from the notice and public hearing requirements set forth
in section 2.2.4 or other applicable law.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
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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 bIu , 2025.
Steven Meiner, Mayor
ATTEST:
DEC 2 2 2025
vi
Rafae E. Granado, City Clerk =tJ+�` .Eq,,
APPROVED AS TO
`IH,SeNfOOPATEDI•` FORM AND LANGUAGE
& FOR EXE TION
Sponsored By: Commissioner David )z2 ---aozS—
City Attorney kW_ Date
Verified By:
Thomas R. Mooney, AICP
Planning Director
T:\Agenda12025108 September 3,2025\Planning\LUB Consent Agenda Procedures- First Reading ORD.docx
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Ordinances - R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025 9:40 a.m. Second Reading Public Hearing
TITLE: LAND USE BOARD CONSENT AGENDA PROCEDURES
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 "MIAMI BEACH RESILIENCY CODE," CHAPTER
2, ENTITLED ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I,
ENTITLED -LAND USE BOARDS," SECTION 2.1.1, ENTITLED "GENERALLY," TO
MODIFY THE MEETING AND AGENDA PROCEDURES FOR CITY LAND USE
BOARDS; 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 October 30, 2024, at the request of Commissioner David Suarez, the City Commission
referred a discussion regarding Land Use Board (LUB) consent agendas (C4 A) to the Land Use
and Sustainability Committee (LUSC). On December 17, 2024, the LUSC discussed and
continued the item to a future meeting with direction to the Administration to prepare draft text for
a potential amendment to the Land Development Regulations of the City Code (LDRs).
On April 15, 2025, the LUSC recommended that the proposed draft ordinance be referred to the
Planning Board. On May 21, 2025, at the request of Commissioner David Suarez, the City
Commission referred the item to the Planning Board (C4 C).
ANALYSIS
The City's LUBs are the Board of Adjustment (BOA), Design Review Board (DRB), Historic
Preservation Board (HPB), and Planning Board. The Planning Department has implemented a
consent agenda for LUB meetings in the past, on an as needed basis, with some limited success.
In this regard, all applications before an LUB are public hearings and typically involve a
presentation by the applicant.
For an LUB application to be considered as a consent item, specific conditions must be met. The
attached draft ordinance amends Chapter 2 of the LDRs, as recommended by the LUSC, and
establishes the following procedures and conditions for an application to be considered as a
consent item:
1. Prior to the applicable LUB meeting, the applicant shall agree to all conditions set forth in the
draft development order for the application.
2. All voting members of the applicable LUB present at the meeting must agree to forgo a
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presentation and/or questions on the application.
3. There is limited public comment on the proposal, after the chairperson of the applicable LUB
opens the application and requests public comment.
If all these conditions are met for an application listed under a consent agenda, the applicable
board may approve the project without any further discussion. The Administration is supportive of
the proposed amendment, which codifies the p,uredures that have ber; used on a limited base
in the past. Additionally, a consent agenda may be warranted especially when an LUB agenda
has a high volume of applications.
PLANNING BOARD REVIEW
On July 28, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).
UPDATE
The subject ordinance was approved at First Reading on September 3, 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
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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)
Condensed Title
*9:40 a.m. 2nd Rdg, Land Use Board Consent Agenda Procedures. (Suarez) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 9/3/2025 - R5 K
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