R5B - Establish Good Standing for Zoning Amendments

Ordinances - R5 B

R5 B GOOD STANDING REQUIREMENTS FOR ZONING AMENDMENTS 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 1 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED “GENERAL PROVISIONS,” ARTICLE II, ENTITLED “DEFINITIONS,” SECTION 1.2.1, ENTITLED “GENERAL DEFINITIONS,” BY ADDING A DEFINITION FOR “HABITUAL OFFENDER;” BY AMENDING CHAPTER 2 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE IV, ENTITLED “AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF THE LAND DEVELOPMENT REGULATIONS,” BY AMENDING SECTION 2.4.1, ENTITLED “GENERALLY,” TO ESTABLISH PROCEDURES TO ADDRESS OUTSTANDING VIOLATIONS, FINES, FEES, OR OTHER OPEN BILLS, FOR APPLICATIONS TO AMEND THE LAND DEVELOPMENT REGULATIONS OR THE COMPREHENSIVE PLAN; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) adopt the ordinance.

BACKGROUND/HISTORY

On February 3, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred a discussion item pertaining to requirements for applicants seeking zoning incentives to be in good standing with the City (C4 Y) to the Land Use and Sustainability Committee (LUSC). On April 15, 2025, the LUSC discussed and continued the item to the June 10, 2025, LUSC meeting, with direction to staff to further develop the proposed draft amendments in accordance with the following:

1. Create a definition for ‘habitual offender’.

2. Establish a minimum waiting period after all fines and violations have been resolved and before a transmittal hearing can occur before the Planning Board.

3. Create options for a potential City Commission waiver of all or part of the waiting period, subject the payment of a fine or the voluntary proffer of a public benefit.

On June 10, 2025, the LUSC discussed the proposal and recommended that the City Commission refer an amendment to the Land Development Regulations of the City Code (LDRs) to the Planning Board, in accordance with the recommendations in the LUSC memorandum, and including the requirement for any waiver to be approved by a 5/7 vote.

On July 23, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred the ordinance to the Planning Board (C4 C).

ANALYSIS

Attached is an ordinance amending Chapters 1 and 2 of the LDRs. The following is a general summary of the amendments:

Chapter 1 - General Definitions The following definition for ‘habitual offender’ has been created:

Habitual offender is an individual or entity with a record of three (3) or more adjudicated violations, within the preceding 3 years, of the City’s land development regulations, the City Code (including, without limitation, Chapter 58), the Florida Building Code, and/or the Florida Life Safety Code.

Chapter 2 - Administration and Review Procedures For private applications to amend the LDRs or Comprehensive Plan, the property owner shall certify the following, prior to consideration of the amendment by the Planning Board:

1. There shall be no open zoning, city code, building, or life safety violations at the subject property.

2. There shall be no outstanding fines, fees, liens or other open bills due to the City.

The Administration is supportive of the attached ordinance, as it applies to all applications uniformly and would be an added incentive to correct outstanding violations and past due fines in an expedient manner. These requirements could also be included as a condition of eligibility as part of future zoning incentive legislation, including legislation presently before the City Commission, LUSC, or Planning Board.

PLANNING BOARD REVIEW 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).

UPDATE The subject ordinance was approved at First Reading on September 17, 2025. After approval at First Reading, the sponsor requested that clarifying text be provided, confirming that the provisions of the ordinance apply to amendments submitted as a private application and amendments referred by the City Commission on behalf of a property owner, The attached ordinance has been updated to include this clarifying text for Second Reading.

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: 9/24/2025 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 adopt the ordinance.

Applicable Area

Citywide

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 David Suarez

Condensed Title

9:20 a.m. 2nd Rdg, Good Standing Requirements for Zoning Amendments. (AF/DS) PL 5/7

Previous Action (For City Clerk Use Only)

First Reading Public Hearing on 9/17/2025 - R5 O