BIE - Housing Impact Statement Development Applications - LDR Amendment (3/19/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: April 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
HOUSING IMPACT STATEMENT REQUIREMENT FOR DEVELOPMENT APPLICATIONS –
LDR AMENDMENT
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,” BY AMENDING CHAPTER 1, ENTITLED “GENERAL
PROVISIONS,” ARTICLE II, ENTITLED “DEFINITIONS,” SECTION 1.2.2, ENTITLED “USE
DEFINITIONS,” AT SUBSECTION 1.2.2.1, ENTITLED “RESIDENTIAL,” BY CREATING A
DEFINITION FOR HOUSING IMPACT STATEMENT; AND BY AMENDING CHAPTER 2,
ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE V, ENTITLED
“REZONINGS AND DEVELOPMENT APPROVALS, “ BY ESTABLISHING PLANNING BOARD
AND DESIGN REVIEW BOARD APPLICATION REQUIREMENTS AND REVIEW CRITERIA FOR
A HOUSING IMPACT STATEMENT, BY AMENDING ARTICLE VIII, ENTITLED “VARIANCES,”
BY CESTABLISHING BOARD OF ADJUSTMENT APPLICATION REQUIREMENTS AND
REVIEW CRITERIA FOR A HOUSING IMPACT STATEMENT, AND BY AMENDING ARTICLE
XIII, ENTITLED HISTORIC PRESERVATION,” BY ESTABLISHING HISTORIC PRESERVATION
BOARD APPLICATION REQUIREMENTS AND REVIEW CRITERIA FOR A HOUSING IMPACT
STATEMENT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X 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;
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Business Impact Estimate
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☐ 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.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
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, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 W
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:February 3, 2025 11:15 a.m. First Reading Public Hearing
TITLE:HOUSING IMPACT STATEMENT REQUIREMENT FOR DEVELOPMENT
APPLICATIONS - LDR AMENDMENT
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,” BY
AMENDING CHAPTER 1, ENTITLED “GENERAL PROVISIONS,” ARTICLE II,
ENTITLED “DEFINITIONS,” SECTION 1.2.2, ENTITLED “USE DEFINITIONS,” AT
SUBSECTION 1.2.2.1, ENTITLED “RESIDENTIAL,” BY CREATING A DEFINITION
FOR “HOUSING IMPACT STATEMENT”; AND BY AMENDING CHAPTER 2,
ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE V,
ENTITLED “REZONINGS AND DEVELOPMENT APPROVALS,” AT SECTIONS
2.5.2, “CONDITIONAL USE,” AND 2.5.3, “DESIGN REVIEW,” TO AMEND THE
PLANNING BOARD AND DESIGN REVIEW BOARD APPLICATION
REQUIREMENTS AND REVIEW CRITERIA TO INCLUDE A HOUSING IMPACT
STATEMENT; AND BY AMENDING ARTICLE VIII, ENTITLED “VARIANCES,” TO
AMEND THE BOARD OF ADJUSTMENT APPLICATION REQUIREMENTS AND
REVIEW CRITERIA TO INCLUDE A HOUSING IMPACT STATEMENT; AND BY
AMENDING ARTICLE XIII, ENTITLED “HISTORIC PRESERVATION,” AT SECTION
2.13.7, “ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS/CERTIFICATE
TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION,” TO AMEND
THE HISTORIC PRESERVATION BOARD APPLICATION REQUIREMENTS AND
REVIEW CRITERIA TO INCLUDE A HOUSING IMPACT STATEMENT; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for April
23, 2025.
BACKGROUND/HISTORY
On September 11, 2024, at the request of Commissioner Alex Fernandez, the City Commission
referred an item (C4 U) to the Land Use and Sustainability Committee (LUSC) pertaining to notice
requirements for tenants of residential buildings. On October 14, 2024, the LUSC discussed the
proposal and recommended that the City Commission refer an ordinance amendment to the
Planning Board in accordance with the recommendations in the LUSC memorandum.
On November 20, 2024, at the request of Commissioner Alex Fernandez, the City Commission
referred the ordinance (C4 N) to the Planning Board. The item is co-sponsored by Commissioner
Joseph Magazine.
ANALYSIS
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The attached ordinance amends the Land Development Regulations of the City Code (LDRs).
Specifically, Chapter 1 of the LDRs is proposed to be amended to create a definition for a housing
impact statement, and Chapter 2 of the LDRs will be amended to create a requirement for a
housing impact statement in the application requirements and review criteria for all land use
boards. A corresponding amendment to the Comprehensive Plan is also proposed, as a separate
ordinance.
The housing impact statement would be provided for tracking purposes and to inform future policy
discussions of the board and/or the City Commission but may not serve as a basis for the approval
or denial of a conditional use application.
PLANNING BOARD REVIEW
On January 7, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
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:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for April 23, 2025.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
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
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Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Joseph Magazine
Condensed Title
11:15 a.m. 1st Rdg PH, Housing Impact Statement Requirement for Dev Applications-LDR
Amendment. (AF/JM) 5/7
Previous Action (For City Clerk Use Only)
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