BIE - NORTH BEACH COMMUNITY (10/11/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive.Miami Beach,Florida 33139,www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager ,1}).t F't¥2-
MEETING DATE:October 30,2024
SUBJECT:BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE,ENTITLED
"ADMINISTRA TION,"BY AMENDING ARTICLE 111,ENTITLED "AGENCIES,BOARDS AND
COMMITTEES,"BY AMENDING DIVISION 33,ENTITLED "NORTH BEACH COMMUNITY
REDEVELOPMENT AGENCY ADVISORY COMMITTEE,"TO AMEND SECTION 2-190.151
THEREOF,ENTITLED "COMPOSITION;KNOWLEDGE AND EXPERIENCE"TO ALLOW FOR
A 517TH CITY COMMISSION WAIVER FOR THE GEOGRA PHIC AREA RESIDENCY
REQUIREMENT UNDER SPECIFIC CONDITIONS;AND,PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget
amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other
financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4),Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission
Memorandum accompanying the Ordinance,as well as in the recitals to the Ordinance itself.The
Commission Memorandum and Ordinance are attached hereto.
2.The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private,for-profit businesses in the City of Miami Beach,that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur;that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible,and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
14.Additional comments:None.
Ordinances -R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
September 11,2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY
CODE,ENTITLED "ADMINISTRATION,"BY AMENDING ARTICLE Ill,ENTITLED
"AGENCIES,BOARDS AND COMMITTEES,"BY AMENDING DIVISION 33,
ENTITLED "NORTH BEACH COMMUNITY REDEVELOPMENT AGENCY
ADVISORY COMMITTEE,"TO AMEND SECTION 2-190.151 THEREOF,ENTITLED
"COMPOSITION;KNOWLEDGE AND EXPERIENCE"TO ALLOW FOR A 517TH
CITY COMMISSION WAIVER FOR THE GEOGRAPHIC AREA RESIDENCY
REQUIREMENT UNDER SPECIFIC CONDITIONS;AND,PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner Tanya K.Bhatt for
consideration by the Mayor and City Commission.
On June 28,2023,the Mayor and City Commission adopted Ordinance No.2023-4558,
establishing the North Beach Community Redevelopment Agency Advisory Committee (the
"Committee")to advise the Mayor,City Commission,and City Manager in connection with the
proposed North Beach Community Redevelopment Agency (the "North Beach CRA"),including
review and input regarding the proposed redevelopment plan for the North Beach CRA
("Redevelopment Plan"),and the prioritization of public projects to be included in the
Redevelopment Plan.
Current membership criteria require at least three (3)of the seven members to reside,for a
minimum of five (5)years,within the geographic boundaries of the North Beach CRA,or within a
300-foot radius thereof.
The sponsor proposes to amend the membership requirements to allow for a 517th waiver by the
City Commission for applicants who may reside within a reasonable distance from the 300-foot
radius of the North Beach CRA geographic boundary and is exceptionally qualified by training
and/or experience.
FISCAL IM PA CT STATEM ENT
N/A
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
North Beach
Is this a "Residents Right to Knoy'item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O.Bond
Project?
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
City Attorney
Sponsor(s)
Commissioner Tanya K.Bhatt
Co-sponsor(s)
Condensed Title
NR-1st Rdg,Ch.2,NBC RA Committee,Waiver for Geographic Area Residency Req.(Bhatt)
CA
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE,ENTITLED "ADMINISTRATION,"BY AMENDING ARTICLE Ill,
ENTITLED "AGENCIES,BOARDS AND COMMITTEES,"BY AMENDING
DIVISION 33,ENTITLED "NORTH BEACH COMMUNITY REDEVELOPMENT
AGENCY ADVISORY COMMITTEE,"TO AMEND SECTION 2-190.151
THEREOF,ENTITLED "COMPOSITION;KNOWLEDGE AND EXPERIENCE"
TO ALLOW FOR A 5/7W CITY COMMISSION WAIVER FOR THE GEOGRAPHIC
AREA RESIDENCY REQUIREMENT UNDER SPECIFIC CONDITIONS;AND,
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
WHEREAS,on June 28,2023,the Mayor and City Commission adopted Ordinance No.
2023-4558,establishing the North Beach Community Redevelopment Agency Advisory
Committee (the "Committee")to advise the Mayor,City Commission,and City Manager in
connection with the proposed North Beach Community Redevelopment Agency (the "North Beach
CRA"),including review and input regarding the proposed redevelopment plan for the North
Beach CRA ("Redevelopment Plan"),and the prioritization of public projects to be included in the
Redevelopment Plan;and
WHEREAS,the Mayor and City Commission wish to amend the membership
requirements to allow for a 5/7"waiver by the City Commission for applicants who may reside
within a reasonable distance from the 300-foot radius of the North Beach CRA geographic
boundary and is exceptionally qualified by training and/or experience.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1,Section 2-190.151 of Division 33,of Article Ill,of Chapter 2 of the City Code,entitled
"Administration,"is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
kr k k
ARTICLE Ill.AGENCIES,BOARDS AND COMMITTEES
ire i k
DIVISION 33.North Beach Community Redevelopment Agency Advisory Committee .
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Sec.2-190.151.Composition;knowledge and experience.
The Committee shall be composed of seven (7)at-large appointments,all of whom shall be
appointed to serve for a term of no more than two (2)years at a time.
The seven (7)members shall be affiliated with the City;this requirement shall be fulfilled in
the following ways:
(1)Resident Members.
a.At least one (1)of the seven members must currently reside,for a minimum
of five (5)years,within the North Beach area,generally considered as that
portion of Miami Beach located north of 63°Street.
b.At least three (3)of the seven members must currently reside,for a minimum
of five (5)years,within the geographic boundaries of the North Beach CRA,
or within a 300-foot radius thereof.
c.The five (5)year minimum residency requirement in subsections (1 )(a)and
(1 )(b)may be waived upon a 5/7ths vote of the city commission,in the event
a resident within the applicable geographic area is available to serve on the
committee and is exceptionally qualified by training and/or experience.
d.The 300-foot radius residency requirement in subsection (1 )(b)may be waived
upon a 5/7ths vote of the city commission,in the event a resident resides within
a reasonable distance from the 300-foot radius of the North Beach CRA
geographic boundary and is exceptionally qualified by training and/or
experience.
(2)Business Member.At least one (1)of the seven members must demonstrate an
Ownership Interest,for a minimum of five (5)years,in a Business established within
the geographic boundaries of the North Beach CRA,without regard to that person's
residency.A candidate who satisfies requirements as both a Resident and Business
Owner may qualify for either the Resident Member category,or the Business Member
category pursuant to this subsection.
(3)Real Estate Industry Member.At least one (1)of the seven members of the
Committee must be a real estate industry professional,residing generally within the
City of Miami Beach.
(4)Attorney Member.At least one (1)of the seven members of the Committee must be
an attorney with experience in land use,real estate,or other related practice area,
residing generally within the City of Miami Beach or maintaining a full-time law
practice and physical office located in North Beach.
(5)General Requirements.Each of the seven (7)members must have a demonstrated
interest in neighborhood leadership issues,including,without limitation,neighborhood
business groups,homeowner or condominium associations and cooperatives,civic
groups,and/or other similar qualifications.
For the purposes of this section these terms shall have the following meaning:
•"Ownership Interest"shall mean the ownership of ten percent (10%)or more of a
Business (including the ownership of 10%or more of the outstanding capital stock).
•"Business"shall mean any sole proprietorship,partnership,corporation,limited
liability company,but shall exclude either a business engaged in the real estate
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industry (including development,brokerage,or property management),or a law firm,
as individuals practicing in either of those areas would be covered under the Real
Estate Industry Member category in subsection 2-190.151(3)herein or the Attorney
Member category in subsection 2-190.151(4)
Appointed members shall be required to demonstrate compliance with the Committee's
Membership Composition requirements herein by executing an affidavit,in a form prepared by
the City Clerk's Office,stipulating that the member has met the requirements set forth above,
prior to being sworn in as a Committee member.
•••
SECTION 2.CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code.The sections of this ordinance may be renumbered or relettered to accomplish
such intention,and the word "ordinance"may be changed to "section,""article,"or other
appropriate word.
SECTION 3.REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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 on the day of2024.
PASSED AND ADOPTED this day of,2024.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Commissioner Tanya K.Bhatt)
Underline denotes additions
Strikethrough denotes deletions
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTIONII;)
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City Altom~Date