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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; Docusign Envelope ID: ACA47A96-3B77-4714-B4BD-183B9CE49A3C Business Impact Estimate Page 2 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: Docusign Envelope ID: ACA47A96-3B77-4714-B4BD-183B9CE49A3C Ordinances - R5 E 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. Docusign Envelope ID: ACA47A96-3B77-4714-B4BD-183B9CE49A3C 5 0 1 2 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) Docusign Envelope ID: ACA47A96-3B77-4714-B4BD-183B9CE49A3C 5 0 1 2 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) Docusign Envelope ID: ACA47A96-3B77-4714-B4BD-183B9CE49A3C Docusign Envelope ID: ACA47A96-3B77-4714-B4BD-183B9CE49A3C Docusign Envelope ID: ACA47A96-3B77-4714-B4BD-183B9CE49A3C Docusign Envelope ID: ACA47A96-3B77-4714-B4BD-183B9CE49A3C