BIE - VOTING REQUIREMENTS FOR THE RELEASE OF COVENANTS REQUIRING NON-TRANSIENT USES (6/20/2025)
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: July 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
VOTING REQUIREMENTS FOR THE RELEASE OF COVENANTS RESTRICTING
TRANSIENT USES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7,
ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE I, ENTITLED “GENERAL TO
ALL ZONING DISTRICTS,” BY CREATING SECTION 7.1.12 THEREOF, ENTITLED
“AMENDMENT OR RELEASE OF COVENANTS RESTRICTING TRANSIENT USES
SUBMITTED BY PROPERTY OWNERS,” TO ESTABLISH A MINIMUM VOTING THRESHOLD
FOR THE RELEASE OF A COVENANT RESTRICTING TRANSIENT USES; 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; ☐ 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;
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Business Impact Estimate
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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 O
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 10:20 a.m. First Reading Public Hearing
TITLE:VOTING REQUIREMENTS FOR THE RELEASE OF COVENANTS REQUIRING
NON-TRANSIENT USES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE,
BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND
REGULATIONS,” ARTICLE I, ENTITLED “GENERAL TO ALL ZONING
DISTRICTS,” BY CREATING SECTION 7.1.12 THEREOF, ENTITLED
“AMENDMENT OR RELEASE OF COVENANTS RESTRICTING TRANSIENT
USES SUBMITTED BY PROPERTY OWNERS,” TO ESTABLISH A MINIMUM
VOTING THRESHOLD FOR THE RELEASE OF A COVENANT RESTRICTING
TRANSIENT USES; 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 July
23, 2025.
BACKGROUND/HISTORY
On November 20, 2024, at the request of Commissioner Alex Fernandez, the City Commission
referred a discussion pertaining to voting requirements for the release of future covenants
regulating non-transient residential uses (C4 R) to the Land Use and Sustainability Committee
(LUSC). On January 16, 2025, the LUSC recommended that the City Commission refer an
amendment to the Land Development Regulations of the City Code (LDRs) to the Planning Board.
On February 26, 2025, at the request of Commissioner Alex Fernandez, the City Commission
referred the proposed ordinance to the Planning Board (C4 F). Commissioner Joseph Magazine
is a co-sponsor.
ANALYSIS
On November 20, 2024, the City Commission adopted a residential use incentive ordinance,
which amended Chapter 7, Article I of the LDRs. Specifically, Section 7.1.11, which is applicable
to all zoning districts in the city where non-transient residential uses may be incentivized, was
created, inclusive of the following regarding a future release of the covenant:
The covenant shall expressly provide that an affirmative vote of six-sevenths of all members
of the city commission shall be required in order to release the covenant or to modify the
covenant in such a manner as to impose a less stringent restriction after it is executed.
To apply this provision to all future covenants that require non-transient residential uses, the
attached draft ordinance includes a separate, new section under Chapter 7, Article I. This new
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section provides that in all instances where a restrictive covenant governing transient uses is
recorded, an affirmative vote of six-sevenths of all members of the city commission shall be
required to release or modify the covenant after it is executed.
PLANNING BOARD REVIEW
On April 8, 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
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 July 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 Alex Fernandez
Co-sponsor(s)
Commissioner Joseph Magazine
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Commissioner David Suarez
Condensed Title
10:20 a.m. 1st Rdg PH, Voting Requirements for Release of Covenants Require Non-Transient
Uses. (AF/JM/DS) PL 5/7
Previous Action (For City Clerk Use Only)
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