BIE - LUB Consent Agenda Procedures (9/24/2025)TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE:October 29, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
LAND USE BOARD CONSENT AGENDA PROCEDURES
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
MEETING AND AGENDA PROCEDURES FOR CITY LAND USE BOARDS; AND PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
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.
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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. 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 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 K
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 3, 2025 10:15 a.m. First Reading Public Hearing
TITLE: LAND USE BOARD CONSENT AGENDA PROCEDURES
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,” CHAPTER
2, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE I,
ENTITLED “LAND USE BOARDS,” SECTION 2.1.1, ENTITLED “GENERALLY,” TO
MODIFY THE MEETING AND AGENDA PROCEDURES FOR CITY LAND USE
BOARDS; 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 October
29, 2025.
BACKGROUND/HISTORY
On October 30, 2024, at the request of Commissioner David Suarez, the City Commission
referred a discussion regarding Land Use Board (LUB) consent agendas (C4 A) to the Land Use
and Sustainability Committee (LUSC). On December 17, 2024, the LUSC discussed and
continued the item to a future meeting with direction to the Administration to prepare draft text for
a potential amendment to the Land Development Regulations of the City Code (LDRs).
On April 15, 2025, the LUSC recommended that the proposed draft ordinance be referred to the
Planning Board. On May 21, 2025, at the request of Commissioner David Suarez, the City
Commission referred the item to the Planning Board (C4 C).
ANALYSIS
The City’s LUBs are the Board of Adjustment (BOA), Design Review Board (DRB), Historic
Preservation Board (HPB), and Planning Board. The Planning Department has implemented a
consent agenda for LUB meetings in the past, on an as needed basis, with some limited success.
In this regard, all applications before an LUB are public hearings and typically involve a
presentation by the applicant.
For an LUB application to be considered as a consent item, specific conditions must be met. The
attached draft ordinance amends Chapter 2 of the LDRs, as recommended by the LUSC, and
establishes the following procedures and conditions for an application to be considered as a
consent item:
1. Prior to the applicable LUB meeting, the applicant shall agree to all conditions set forth in the
draft development order for the application.
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2. All voting members of the applicable LUB present at the meeting must agree to forgo a
presentation and/or questions on the application.
3. There is limited public comment on the proposal, after the chairperson of the applicable LUB
opens the application and requests public comment.
If all these conditions are met for an application listed under a consent agenda, the applicable
board may approve the project without any further discussion. The Administration is supportive of
the proposed amendment, which codifies the procedures that have been used on a limited basis
in the past. Additionally, a consent agenda may be warranted especially when an LUB agenda
has a high volume of applications.
PLANNING BOARD REVIEW
On July 28, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).
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 October 29, 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 David Suarez
Co-sponsor(s)
Condensed Title
10:15 a.m. 1st Rdg PH, Land Use Board Consent Agenda Procedures. (Suarez) PL 5/7
Previous Action (For City Clerk Use Only)
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