BIE - Historic Preservation Board Fee Waiver for SF Home Applications - Second Reading (3/24/2025
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: April 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
HISTORIC PRESERVATION BOARD FEE WAIVER FOR SINGLE FAMILY HOME
APPLICATIONS
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 2, ENTITLED
“ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE II, ENTITLED “GENERAL
DEVELOPMENT APPLICATION AND HEARING PROCEDURES,” SECTION 2.2.3, ENTITLED
“DEVELOPMENT APPLICATION SUBMISSION AND REVIEW,” BY AMENDING SECTION
2.2.3.5, ENTITLED “FEES FOR THE ADMINISTRATION OF LAND DEVELOPMENT
REGULATIONS,” TO PROVIDE A FEE WAIVER FOR CERTIFICATE OF APPROPRIATENESS
APPLICATIONS IN SINGLE SAMILY ZONING DISTRICTS; AND PROVIDING FOR REPEALER,
CODIFICATION, 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;
☐ 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;
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Business Impact Estimate
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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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COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:March 19, 2025 9:35 a.m. First Reading Public Hearing
TITLE:HISTORIC PRESERVATION BOARD FEE WAIVER FOR SINGLE FAMILY HOME
APPLICATIONS
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 2, ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES,” ARTICLE II, ENTITLED “GENERAL DEVELOPMENT
APPLICATION AND HEARING PROCEDURES,” SECTION 2.2.3, ENTITLED
“DEVELOPMENT APPLICATION SUBMISSION AND REVIEW,” BY AMENDING
SECTION 2.2.3.5, ENTITLED “FEES FOR THE ADMINISTRATION OF LAND
DEVELOPMENT REGULATIONS,” TO PROVIDE A FEE WAIVER FOR
CERTIFICATE OF APPROPRIATENESS APPLICATIONS IN SINGLE FAMILY
ZONING DISTRICTS; AND PROVIDING FOR REPEALER, CODIFICATION,
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 October 30, 2024, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission referred a discussion item (C4 E), pertaining to the waiver of Historic Preservation
Board (HPB) application fees for single family homes to the Land Use and Sustainability
Committee (LUSC). On November 25, 2024, the LUSC discussed the proposal and
recommended that the City Commission refer an ordinance amendment to the Planning Board in
accordance with the recommendation in the LUSC memorandum.
On February 3, 2025, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission referred the attached ordinance to the Planning Board (C4 Q).
ANALYSIS
The attached draft ordinance amends the Land Development Regulations of the City Code (LDRs)
to waive HPB application fees for single-family homes within local historic districts or individually
designated historic sites. The fiscal impact of the proposal is expected to be nominal, as there
have been less than five applications requiring HPB approval in the last 2 years.
Further, applicants would still be responsible for paying the fess associated for the required public
notice, including mail notice, site posting, and published notice. As the number of applications to
the HPB involving single family homes has been limited, the Administration is supportive of the
proposed ordinance.
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PLANNING BOARD REVIEW
On March 4, 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
The fiscal impact of the proposal is expected to be nominal, as there have been less than five
applications requiring HPB approval in the last 2 years. Further, applicants would still be
responsible for paying the fees associated with the required public notice, including mail notice,
site posting, and published notice.
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
Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
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Condensed Title
9:35 a.m. 1st Rdg PH, HPB Fee Waiver for Single Family Home Applications. (KRG) PL
Previous Action (For City Clerk Use Only)
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