Ordinance 2025-4712 zozs•a»s
Ocean Terrace MXE Zoning District Change to CD-2 — LDR Overlay
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE
MIAMI BEACH RESILIENCY CODE, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," ARTICLE 111, ENTITLED "OVERLAY
DISTRICTS," AT SECTION 7.3.6, "OCEAN TERRACE OVERLAY," TO
AMEND THE OCEAN TERRACE OVERLAY REGULATIONS TO
CLARIFY THAT REGULATIONS APPLICABLE TO PROPERTIES THAT
WERE PREVIOUSLY ZONED MXE WILL CONTINUE TO APPLY TO
PROPERTIES FRONTING OCEAN TERRACE; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the Ocean Terrace Overlay contains properties currently classified on the
zoning map and future land use map as MXE (Mixed Use Entertainment) and CD-2 (Commercial,
Medium Intensity); and
WHEREAS, the properties within the Overlay fronting Collins Avenue are currently zoned
CD-2, and the properties fronting Ocean Terrace are currently mned MXE; and
WHEREAS, companion Ordinances have been drafted to change the zoning and future
land use map classifications from MXE to CD-2 for properties fronting Ocean Terrace; and
WHEREAS, to ensure the consistency and compatibility of future development, this
Ordinance will amend the Land Development Regulations of the City Code (LDRs) to reflect the
new zoning classification in the Ocean Terrace Overlay for properties fronting Ocean Terrace;
and
WHEREAS, the amendment set forth below is necessary to accomplish the above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 2. Chapter 7, entitled "Zoning Districts and Regulations, Article III, entitled "Overlay
Districts," at Section 7.3.6, "Ocean Terrace Overlay," is hereby amended as follows:
CHAPTER7
ZONING DISTRICTS AND REGULATIONS
ARTICLE III. OVERLAY DISTRICTS
7.3.6 OCEAN TERRACE OVERLAY
Page 1 of 4
7.3.6.2 Compliance with regulations (Ocean Terrace Overlay).
a. Setbacks.
2. Pedestal. Pedestal shall mean that portion of a building or structure which is equal to or
less than 40 feet in height. The Historic Preservation Board may allow for an increase in
the pedestal height not to exceed 45 feet in height in accordance with the certificate of
appropriateness criteria in chapter 2, article XIII of these land development regulations.
A. Front:
I. For buildings situated on properties � �'�::,9
�^^`^�o^•"^-�frontinq Collins Avenue, 0 feet for the first
25 feet of building height, or the height of the existing building,
whichever is greater. 5 feet for those portions of new buildings
within the remaining pedestal height.
II. For buildings situaled on properties wii#�--a�-daAe�lying
9esi�+atiea-e4MX€frontinq Ocean Terrace, 5 feet for the first
20 feet af building height, or the height of the existing building,
whichever is greater, 20 feet for those portions of new buildings
within the remaining pedestal height.
6. Side sheet For properties fronting 75th Street, zero (0)feet, regardless of
the underlying zoning designation. For properties fronting 73rd or 74th
Street, regardless of the underlying zoning designation, zero (0) feet for
the first 20 feet of building height, ar the height of the existing building,
whichever is greater and 20 feet for those poRions of new buildings within
the remaining pedestal height.
C. Side interior.
I. For buildings situated on properties �..;R,`� � ^�'^.,a�.,:^�
Aesi�atieR-e�6B-2-frontinq Collins Avenue, zero (0)feet.
II. For buildings situated on properties •..:.,.'� ^ ^^'^„�,�^y
desigaaEiea-e�PA)C€frontinq Ocean Terrace, 7.5 feet.
3. Tower. Tower means that portion of a building or structure which exceeds 40 feet in
height. Notwithstanding the foregoing, should the Historic Preservation Board allow
for an increase in the pedestal height not to exceed 45 feet in height, in accordance
with the certificate of appropriateness criteria in chapter 2, article XIII of ihese land
development regulations, the tower height shall be measured from the pedestal height
approved by the Historic Preservation Board.
Page 2 of 4
A. Front.
I. For buildings situated on properties r.:..,'� ^ ^�'^.,o�.,:^^,
„ ^^��^^ ^�:-�f"^ ' frontina Collins Avenue, 30 feet.
II. For buildings situated on propeRies • ''���^ ^''^'�s
�+�^�^^^��frontinq Ocean Terrace, 55 feet.
b. Allowable encroachments and projections, consistent wifh section 7.5.3.2.0, within
required yards.
1. Exterior unenclosed private balconies and pool decks.
A. For buildings situated on properties �iag
d^��^^^'�.,�.:�.--�^^ ^' -"�^ �frontina Collins Avenue, allowable
encroachment is 7 feet and 6 inches into any required yard.
B. For buildings situated on properties •..;R,'��.,--a^�'^..�,'^7
„ ^^^�. �,a,;�,^^ ^'"��"� frontina Ocean Terrece:
I. Allowable front yard encroachments are:
1. 12 feet for the pedestal, and
2. 10 feet for the tower.
II. Allowable side interior yard encroachment is 6 feet.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "sec�ion" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Page 3 of 4
i
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this �3 day of A���� , 2025.
l.�(�+wl�_
teven Meiner, Mayor
�r�-1.B.E9.C"•,
ATTEST: ^ ;�?' S"�.
�—/��/II APR 2 � 2025 ' =�N�QAP 00.AtEU�;
/ �� � ' '�.��
Rafael E. Granado, City Clerk �`��H��Z�,^
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
/
z /�0 12o z-,f
City Attorney �k Date
First Reading: February 26, 2025
Second Reading: pril 23, 202
Verified by:
Thomas R. Mooney, AIC
Planning Director
Sponsored by Commissioner Tanya K. Bhatt
T'.Wgenda�2�25\02 February 26,2�25\Planninq\Ocean Terrace MXE[o CD2-LDR Ovetlay- Flrst Readiing ORD.tlocx
Page 4 of 4
Ordinances - RS A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honora6le Mayor and Members of�he Cily Commission
FROM: Eric Carpenter, City Manager
DATE: April 23, 2025 9:14 a.m. Second Reading Public Hearing
TITLE: OCEAN TERRACE MXE ZONING DISTRICT CHANGE TO CD-2- LDR OVERLAY
AN ORDINANCE OF THE MAYOR AND CIN COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE III, ENTITLED "OVERLAY DISTRICTS," AT SECTION 7.3.6, "OCEAN
TERRACE OVERLAY," TO AMEND THE OCEAN TERRACE OVERLAY
REGULATIONS TO CLARIFY THAT REGULATIONS APPLICABLE TO
PROPERTIES THAT WERE PREVIOUSLY ZONED MXE WILL CONTINUE TO
APPLY TO PROPERTIES FRONTING OCEAN TERRACE; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends thac the Mayor and City Commission (City Commission) adopt
�he ordinance.
BACKGROUND/HISTORY
On May 15, 2024, at the request of Commissioner Tanya K. 8hatt, ihe Ciry Commission referred
a proposal to modify the zoning classification of the Ocean Terrace area (C4 AD)to the Land Use
and Sustainability Committee (LUSC)and the Planning Board. On September 5, 2024, the WSC
discussed the item and recommended that the Planning Board transmit the proposed ordinances
changing�he zoning and future land use classifcations on Ocean Terrace to the City Commission
with favorable recommenda�ions.
These ordinances were subsequently transmitted with a favorable recommendation by the
Planning Boartl and are cuvently pending before lhe City Commission. For purposes of
consislency,the subject companion ordinance is proposed lo clarify Ihe new zoning classifcation
within the Ocean Terrace Oveday regulations for pmperties fronting Ocean Terrace.
ANALVSIS
The City's zoning map includes two Mixed-Use Entertainment (MXE) zoning disVicts — one in
South Beach, along Collins Avenue antl Ocean Drive�, antl the other in Nonh Beach, along Ocean
Terrece. The MXE designation was created, in part, to incentivize retlevelopmem, especially for
ho[el and entertainment uses.
The properties to the west of the North Beach MXE district are currently zoned CD-2 (commercial,
medium inlensily districl)and lo ensure lhe consistency and compatibili[y o(future development,
sepa�a[e ordinances a�e being proposed to re-zone this disVict from MXE to CD-2 and amend
Ihe future tand use map designation trom MXE to CD-2. This change will nol result in mote intense
development than is currently permitted in the subject area and the redevelopment projects
underv✓ay along Ocean Terrece would not be impacted by a re-zoning from MXE m CD-2
The Ocean Terrace Oveday contains regulations specifc to Ihe underlying CD-2 and MXE
1746
districts. The attached draft ordinance amends �he Land Development regulations of the City
Code (LDRs) by updating the tezt o(the oveday regulations to reFlect [he pending zoning district
change, which will change the MXE designation to CD-2. No modifcations to the development
regulations or uses in the overlay are proposed.
PLANNING BOARD REVIEW
On February 4, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance lo the Cily Commission with a favorable recommendation (6-0).
UPDATE
The subject ordinance was approved at First Reading on February 26, 2025 with no changes.
PISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance reauire a Business Imaact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Eslimate (BIE)was published on: 3119I2025
See BIE a[: htt s:llwww.miamibeachfl. ovlcit -halllcit -clerklmeetin -noticesl
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that lhe City Commission adopt Ihe ordinance.
Applicable Area
Norih Beach
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
oursuant[o CiN Code Section 2-17? Proiect?
Yes No
Was this Aqenda Item initiallv reouested bv a lobbVist which, as defined in Code Sec. 2-081,
includes a principal enqaqed in lobbvinq? No
If so, specity the name of lobbyist(s)and principal(s)�
Department
Planning
Soonsorfsl
Commissioner Tanya K. Bhatt
1747
Co-saonsor(sl
Condensed Ti[le
9:14 a.m. 2nd Rdg, Ocean Terrace MXE Zoning District Change to CD-2 - LDR Overlay. (Bhatt)
PL Sl7
Previous Action IFor Ciri Cierk Use Onlv)
First Reading Public Hearing on 2/26l2025- RS X
1748
