R5K - Modify Land Use Board Meeting Procedures
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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.
Sponsors
Detailed Information
Cached: 2 days agoOrdinances - R5 K
COMMISSION MEMORANDUM
10:15 a.m. First Reading Public Hearing
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.
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
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)