BIE - RESIDENTIAL USE INCENTIVES - LDR (9/27/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www .miamibeachfl.gov
TO:Mayor Steven Meiner and Members of the City Commission
FROM:Eric Carpenter,City Manager .f,..-~
MEETING DATE:October 30,2024
SUBJECT:BUSINESS IMPACT ESTIMATE
RESIDENTIAL USE INCENTIVES -LOR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE MIAMI BEACH RESILIENCY CODE,BY
AMENDING CHAPTER 7,ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
BY AMENDING ARTICLE I,ENTITLED "GENERAL TO ALL ZONING DISTRICTS,"
TO ESTABLISH SECTION 7.1.10,ENTITLED "RESIDENTIAL USE INCENTIVES,"
TO CREATE REQUIREMENTS FOR DEVELOPMENTS ELIGIBLE FOR
RESIDENTIAL USE INCENTIVES;BY AMENDING ARTICLE II,ENTITLED
"DISTRICT REGULATIONS,"AT SECTION 7.2.5,ENTITLED "RM-2 RESIDENTIAL
MUL Tl FAMILY,MEDIUM INTENSITY,"TO ESTABLISH SUBSECTION 7.2.5.5
ENTITLED "MID BEACH RESIDENTIAL USE INCENTIVE AREA (RM-2),"TO
PROVIDE FLOOR AREA RATIO (FAR)AND HEIGHT INCENTIVES TO
ENCOURAGE THE DEVELOPMENT OF RESIDENTIAL USES AND THE
CONVERSION OF EXISTING TRANSIENT USES TO RESIDENTIAL USES FOR
PROPERTIES ZONED RM-2 THAT FRONT COLLINS AVENUE BETWEEN 47
STREET ON THE SOUTH AND 63 STREET ON THE NORTH;BY AMENDING
SECTION 7.2.6,ENTITLED "RM-3 RESIDENTIAL MULTIFAMILY,HIGH
INTENSITY,"TO ESTABLISH SUBSECTION 7.2.6.4,ENTITLED "MID BEACH
RESIDENTIAL USE INCENTIVE AREA (RM-3)"TO PROVIDE FAR AND HEIGHT
INCENTIVES TO ENCOURAGE THE DEVELOPMENT OF RESIDENTIAL USES
AND THE CONVERSION OF EXISTING TRANSIENT USES TO RESIDENTIAL
USES FOR PROPERTIES ZONED RM-3 THAT FRONT COLLINS AVENUE
BETWEEN 47"STREET ON THE SOUTH AND 63 STREET ON THE NORTH;BY
AMENDING SECTION 7.2.15,ENTITLED "PERFORMANCE STANDARD DISTRICT
(PS),"SUBSECTION 7.2.15.2,ENTITLED "RESIDENTIAL PERFORMANCE
STANDARDS DISTRICTS,"TO PROVIDE FAR AND HEIGHT INCENTIVES TO
ENCOURAGE THE DEVELOPMENT OF RESIDENTIAL USES AND THE
CONVERSION OF EXISTING TRANSIENT USES TO RESIDENTIAL USES FOR
PROPERTIES ZONED R-PS4;BY AMENDING ARTICLE Ill,"OVERLAY
DISTRICTS,"SECTION 7.3.3,ENTITLED "WEST AVENUE BAYFRONT OVERLAY,"
AT SUBSECTION 7.3.3.4,ENTITLED "LEGAL NONCONFORMING AND OTHER
TRANSIENT USES (WEST AVENUE BAYFRONT OVERLAY),"TO PROVIDE FAR,
HEIGHT AND USE INCENTIVES TO ENCOURAGE THE CONVERSION OF
LEGALLY ESTABLISHED TRANSIENT USES TO RESIDENTIAL USES FOR
PROPERTIES ZONED RM-1 AND RM-2 THAT ARE LOCATED WITHIN THE WEST
AVENUE BAY FRONT OVERLAY;AND PROVIDING FOR CODIFICATION,
REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.
Business Impact Estimate
Page 2
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.
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,which are 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 impose new requirements on existing
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 impose new requirements on existing
businesses.
Business Impact Estimate
Page3
(c)An estimate of the City's 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 development review actions.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not impose new requirements on existing
businesses.
14.Additional comments: