BIE - Notice Requirements for Rescheduled LUB Meetings (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
NOTICE REQUIREMENTS FOR RESCHEDULED LUB MEETINGS
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,
"LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 2 OF THE MIAMI BEACH
RESILIEN
NOTICE REQUIREMENTS FOR LAND USE BOARD APPLICATIONS; 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
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Business Impact Estimate
Page 2
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 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 N
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 17, 2025 10:25 a.m. First Reading Public Hearing
TITLE: NOTICE REQUIREMENTS FOR RESCHEDULED LUB MEETINGS
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, "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 2 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED
“ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE II, ENTITLED
“GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES,” BY
AMENDING SECTION 2.2.4, ENTITLED “PUBLIC HEARING,” TO MODIFY THE
PUBLIC NOTICE REQUIREMENTS FOR LAND USE BOARD APPLICATIONS;
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 February 3, 2025, at the request of Commissioner David Suarez, the City Commission referred
a discussion item pertaining to cancelled Land Use Board (LUB) meetings and member
attendance requirements (C4 AW) to the Land Use and Sustainability Committee (LUSC). On
June 10, 2025, the LUSC discussed the proposal and recommended that the City Commission
refer an ordinance amending the Land Development Regulations of the City Code (LDRs) to the
Planning Board, in accordance with the recommendations in the LUSC memo. On July 23, 2025,
at the request of Commissioner David Suarez, the City Commission referred the proposed
ordinance to the Planning Board (C4 B).
ANALYSIS
Attached is a draft ordinance amending Chapter 2 of the LDRs, specific to cancelled or
rescheduled LUB meetings. The ordinance creates a section for LUB meetings that are cancelled
or rescheduled after the agenda items have been noticed. In these instances, all items on the
agenda of the cancelled or rescheduled meeting would automatically be placed on the agenda of
the next LUB meeting. Additionally, a minimum 5-day courtesy notice for the agenda items that
were cancelled or rescheduled would be provided on a publicly accessible website hosted by
Miami-Dade County.
The Administration is supportive of the proposed ordinance, as it provides greater clarity regarding
the notice requirements for cancelled or rescheduled LUB meetings.
PLANNING BOARD REVIEW
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On September 9, 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 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
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
10:25 a.m. 1st Rdg PH, Notice Requirements for Rescheduled LUB Meetings. (Suarez) PL 5/7
Previous Action (For City Clerk Use Only)
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