Ordinance 2025-4700Residential Use Incentives -Comprehensive Plan Amendment
ORDINANCE NO.2025-4700
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE CITY OF MIAMI BEACH YEAR
2040 COMPREHENSIVE PLAN,PURSUANT TO THE EXPEDITED STATE
REVIEW PROCESS OF SECTION 163.3184(3),FLORIDA STATUTES,BY
AMENDING THE "RESILIENT LAND USE &DEVELOPMENT ELEMENT,"
GOAL RLU 1,ENTITLED "LAND USE,"OBJECTIVE RLU 1.1,ENTITLED
"ESTABLISHMENT OF FUTURE LAND USE CATEGORIES"AT TABLE RLU
1.1 TO PROVIDE CONSISTENCY WITH FLOOR AREA RATIO (F.A.R.)
REGULATIONS;AT POLICY RLU 1.1.5,ENTITLED "LOW DENSITY MULTI
FAMILY RESIDENTIAL (RM-1)"TO PROVIDE FAR INCENTIVES TO
ENCOURAGE THE CONVERSION OF LEGALLY ESTABLISHED TRANSIENT
USES TO RESIDENTIAL USES IN THE "WEST AVENUE BAYFRONT
OVERLAY";BY AMENDING POLICY RLU 1.1.6 ENTITLED "MEDIUM DENSITY
MULTI FAMILY RESIDENTIAL (RM-2),"TO PROVIDE FAR INCENTIVES TO
ENCOURAGE THE DEVELOPMENT OF RESIDENTIAL USES AND THE
CONVERSION OF EXISTING TRANSIENT USES TO RESIDENTIAL USES FOR
PROPERTIES LOCATED IN THE "MID BEACH RESIDENTIAL USE INCENTIVE
AREA,"AND TO PROVIDE FAR INCENTIVES TO ENCOURAGE THE
CONVERSION OF LEGALLY ESTABLISHED TRANSIENT USES TO
RESIDENTIAL USES IN THE "WEST AVENUE BAYFRONT OVERLAY";BY
AMENDING POLICY RLU 1.1.7 ENTITLED "HIGH DENSITY MULTI FAMILY
RESIDENTIAL (RM-3),"TO PROVIDE FAR INCENTIVES TO ENCOURAGE
THE DEVELOPMENT OF RESIDENTIAL USES AND THE CONVERSION OF
EXISTING TRANSIENT USES TO RESIDENTIAL USES FOR PROPERTIES
LOCATED IN THE "MID BEACH RESIDENTIAL USE INCENTIVE AREA";BY
AMENDING POLICY 1.1.25,ENTITLED "HIGH DENSITY RESIDENTIAL
PERFORMANCE STANDARD (R-PS-4),"TO PROVIDE FAR INCENTIVES TO
ENCOURAGE THE DEVELOPMENT OF RESIDENTIAL USES AND THE
CONVERSION OF EXISTING TRANSIENT USES TO RESIDENTIAL USES;BY
AMENDING OBJECTIVE 1.2,ENTITLED "LAND USE REGULATION,"TO
ESTABLISH POLICY 1.2.8,ENTITLED "RESIDENTIAL USE INCENTIVES,"TO
PROVIDE MINIMUM STANDARDS FOR OBTAINING THE FAR INCENTIVES
SET FORTH IN THIS ORDINANCE;AND PROVIDING FOR CODIFICATION,
REPEALER,SEVERABILITY,TRANSMITTAL AND AN EFFECTIVE DATE.
WHEREAS,the 2010 US Census indicated that the City of Miami Beach had a population
of 87,779;and
WHEREAS,the 2020 US Census indicated that the City of Miami Beach had a population
of 82,890;and
WHEREAS,between 2010 and 2020,the City of Miami Beach lost a net total of 4,889
residents;and
WHEREAS,the July 2022 Census American Community Survey estimates that the City
of Miami Beach has a population of 80,017,reflecting a further loss of 2,873 residents since the
2020 Census;and
Page 1 of 8
WHEREAS,the City finds the loss of permanent residents may have had a negative
impact on the quality of life of remaining residents,by encouraging more traffic congestion due to
the need for employees to commute longer distances to employment centers within the City;and
WHEREAS,the loss of residents is partially due to the conversion of residential units to
short-term rentals or other transient units;and
WHEREAS,the introduction of transient units in predominantly residential areas has
created nuisances for residents and often prevents the quiet enjoyment of their residences;and
WHEREAS,Section 509.032,Florida Statutes provides that "A local law,ordinance,or
regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of
vacation rentals.This paragraph does not apply to any local law,ordinance,or regulation adopted
on or before June 1,2011;and
WHEREAS,per Section 509.032,Florida Statutes,the City of Miami Beach cannot
prohibit the short-term rental of residential units in areas where they were not prohibited prior to
June 1,2011;and
WHEREAS,the City seeks to establish incentives in order to encourage residential
development that will not be used for short-term rentals or other transient uses in order to
encourage the growth of the permanent resident population;and
WHEREAS,the City has the authority to enact laws that promote the public health,safety,
and general welfare of its citizens;and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1.The following amendments to the City's 2040 Comprehensive Plan Resilient Land
Use &Development Element are hereby adopted:
RESILIENT LAND USE &DEVELOPMENT ELEMENT
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GOAL RLU 1:LAND USE
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OBJECTIVE RLU 1.1 Establishment of Future Land Use Categories
The City hereby adopts future land use map categories to provide for an efficient distribution and
compatible pattern of land uses,and to maintain and enhance the character of the community.
Table RLU 1.1
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The following table is a reference guide that depicts the policy number,and maximum densities
and intensities for each future land use map {FLUM)category.
(*=Refer to policy for limits)
FLUM Category Density Limits Intensity Limits Reference
(Units Per Acre)(Floor Area (Policy#)
Ratio)
Sinale Family Residential (RS)7 units per acre *RLU 1.1.1
Townhouse Residential (TH)30 units per acre 0.7 RLU 1.1.2
Fisher Island Low Density Planned 25 units per acre 1.6 RLU 1.1.3Residential(RM-PRO)
Allison Island Low Density Planned 25 units per acre 1.45 RLU 1.1.4ResidentialCategory(RM-PRD-2)
Low Density Multi Family 60 units per acre 1.25*RLU 1.1.5Residential(RM-1)
Medium Density Multi Family 100 units per 2.0*RLU 1.1.6Residential(RM-2)acre
High Density Multi Family 150 units per 2.25*RLU 1.1.7Residential(RM-3)acre
Medium-Low Density Residential 57 units per acre 1.25 RLU 1.1.22PerformanceStandard(R-PS-1)
Medium Density Residential 70 units per acre 1.5 RLU 1.1.23PerformanceStandard(R-PS-2)
Medium-High Density Residential 85 units per acre 1.75 RLU 1.1.24PerformanceStandard(R-PS-3)
High Density Residential 102 units per 2.0*RLU 1.1.25PerformanceStandard(R-PS-4)acre
Low Intensity Commercial (CD-1)60 units per acre 1.0*RLU 1.1.8
Medium Intensity Commercial (CD-100 units per 1.5*RLU1.1.92)acre
High Intensity Commercial (CD-3)150 units per 2.0*RLU 1.1.10acre
Urban Liaht Industrial (1-1)N/A 1.0 RLU 1.1.21
***
POLICY RLU 1.1.5 LOW DENSITY MUL Tl FAMILY RESIDENTIAL (RM-1)
Purpose:To provide development opportunities for and to enhance the desirability and quality of
existing and/or new medium density multi-family residential areas.
Uses which may be permitted:Single family detached dwellings;single family attached dwellings,
townhouse dwellings and multiple family dwellings,and hotels for properties fronting Harding
Avenue or Collins Avenue from the City Line on the north to 73°Street on the south.
Non-conforming buildings containing non-conforming hotel uses,located on the north side of Belle
Isle,and not within a local historic district,may be reconstructed to a maximum of 50%of the floor
area of the existing building,provided that the uses contained within the hotel are not expanded
in any way,including but not limited to,the number of hotel units and accessory food and
beverage uses,the non-conformity of the building is lessened,and required parking for the
surrounding neighborhoods with a minimum reduction of 50%of the daily trips on adjacent,two
lane,arterial roadways,and improving the resiliency of the building.
Bed and breakfast inns are permitted in RM-1 only in the Flamingo Park Historic District and the
West Avenue BayFfront Overlay District,both of which are described in the Land Development
Regulations.Within the RM-1 future land use category,and only in the Flamingo Park Historic
District,apartment hotels,hotels,and suite hotels are permitted for properties abutting Lincoln
Lane South,between Drexel Avenue and Lenox Avenue.Residential office and suite hotel uses
are permitted in the West Avenue Bay Front Overlay District only.Hotels,apartment hotels,and
suite hotels are permitted on properties located north of Normandy Drive,having a lot area greater
than 30,000 square feet,which are individually designated as an historic site,as described in the
Land Development Regulations.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category,as described in the Land Development Regulations,which are required to be
subordinate to the main use;and conditional uses specifically authorized in this land use category,
as described in the Land Development Regulations,which are required to go through a public
hearing process as prescribed in the Land Development Regulations of the Code of the City of
Miami Beach.
Density Limits:60 dwellings units per acre.
Intensity Limits:Intensity may be limited by such set back,height,floor area ratio and/or other
restrictions as the City Commission acting in a legislative capacity determines can effectuate the
purpose of this land use category and otherwise implement complementary public policy.
However,in no case shall the intensity exceed a floor area ratio of 1.25,except for the following:
•the west side of Collins Avenue between 76th and 79th Streets shall not exceed a floor
area ratio of 1.4;and
•Public and private institutions on a lot area equal to or less than 15,000 sq.ft shall not
exceed a floor area ratio of 1.25,or for a lot area greater than 15,000 sq.ft.the floor area
ratio shall not exceed 1.4.
•For a legally established,conforming or non-conforming bed and breakfast inn,hotel,
apartment hotel,suite hotel,or hostel located in the West Avenue Bayfront Overlay District
that is converted to a conforming residential apartment use,and in compliance with the
requirements for Residential Use Incentives in Policy RLU 1.2.8,the floor area ratio shall
not exceed 1.6.
POLICY RLU 1.1.6 MEDIUM DENSITY MUL Tl FAMILY RESIDENTIAL (RM-2)
Purpose:To provide development opportunities for and to enhance the desirability and quality of
existing and/or new medium density multi-family residential areas.
Uses which may be permitted:Single family detached dwellings,single family attached dwellings,
townhouse dwellings,multiple family dwellings,apartment hotels and hotels.Residential office
uses are permitted in RM-2 only in the West Avenue Bay-Ffront Overlay District,as described in
the Land Development Regulations.Places of assembly,restaurant,retail,and general office
uses are main permitted uses in the Faena District Overlay as set forth in the Land Development
Regulations.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category,as described in the Land Development Regulations,which are required to be
subordinate to the main use;and conditional uses specifically authorized in this land use category,
as described in the Land Development Regulations,which are required to go through a public
hearing process as prescribed in the Land Development Regulations of the Code of the City of
Miami Beach.
Density Limits:100 dwelling units per acre.
Intensity Limits:Intensity may be limited by such set back,height,floor area ratio and/or other
restrictions as the City Commission acting in a legislative capacity determines can effectuate the
purpose of this land use category and otherwise implement complementary public policy.
However,in no case shall the intensity exceed a floor area ratio of 2.0.,except as follows;
•For a legally established,conforming or non-conforming,bed and breakfast inn,hotel,
apartment hotel,suite hotel,or hostel located in the West Avenue Bayfront Overlay District
that is converted to a conforming residential apartment use,and in compliance with the
Residential Use Incentive requirements in Policy RLU 1.2.8,the floor area ratio shall not
exceed 2.5.
•For developments located in the Mid Beach Residential Use Incentive Area,as described
in the Land Development Regulations,that comply with the requirements for Residential
Use Incentives in Policy RLU 1.2.8,the floor area ratio shall not exceed 2.3.
POLICY RLU 1.1.7 HIGH DENSITY MUL Tl FAMILY RESIDENTIAL (RM-3)
Purpose:To provide development opportunities for and to enhance the desirability and quality of
existing and/or new high density multi-family residential and hotel areas.
Uses which may be permitted:Single family detached dwellings,single family attached dwellings,
townhouse dwellings,multiple family dwellings,apartment hotels and hotels.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category,as described in the Land Development Regulations,which are required to be
subordinate to the main use;and conditional uses specifically authorized in this land use category,
as described in the Land Development Regulations,which are required to go through a public
hearing process as prescribed in the Land Development Regulations of the Code of the City of
Miami Beach.
Density Limits:150 dwelling units per acre.
Intensity Limits:Intensity may be limited by such set back,height,floor area ratio and/or other
restrictions as the City Commission acting in a legislative capacity determines can effectuate the
purpose of this land use category and otherwise implement complementary public policy.
However,in no case shall the intensity exceed the following:
•a floor area ratio of 2.25 on lot area equal to or less than 45,000 sq.ft.;
•a floor area ratio of 2.75 on lot area greater than 45,000 sq.ft.;
•a floor area ratio 3.0 on oceanfront lots with lot area greater than 45,000 sq.ft.;
•a floor area ratio of 2.0 on oceanfront lots in architectural district;
•a floor area ratio of 3.0 for lots which,as of November 14,1998,are oceanfront lots with
a lot area greater than 100,000 sq.ft.with an existing building,however,the lesser of an
additional floor area ratio of 0.15 or 20,000 sq.ft.for the purpose of providing hotel
amenities.
•For developments located in the Mid Beach Residential Use Incentive Area,as described
in the Land Development Regulations,that comply with the requirements for Residential
Use Incentives in Policy RLU 1.2.8,the floor area ratio shall not exceed the following:
o a floor area ratio of 2.6 on lots with a lot area equal to or less than 45,000 sq.ft.;
o a floor area ratio of 3.2 on lots with a lot area greater than 45,000 sq.ft.;
o a floor area ratio of 3.5 on oceanfront lots with lot area greater than 45,000 sq.ft.;
***
POLICY RLU 1.1.25 HIGH DENSITY RESIDENTIAL PERFORMANCE STANDARD (R-PS-
4)
Purpose:To provide development opportunities for and to enhance the desirability and quality of
existing and/or new residential areas which accommodate a mix of different residential types
developed in accordance with flexible design standards.
Uses which may be permitted:Single family detached dwellings,single family attached dwellings,
townhouse dwellings,apartments,apartment hotels,hotels and institutional uses.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category,as described in the Land Development Regulations,which are required to be
subordinate to the main use;and conditional uses specifically authorized in this land use category,
as described in the Land Development Regulations,which are required to go through a public
hearing process as prescribed in the Land Development Regulations of the Code of the City of
Miami Beach.
Density Limits:102 dwelling units per acre.
Intensity Floor Area Ratio Limits:2.0,_except as follows:
•For developments that comply with the requirements for Residential Use Incentives in
Policy RLU 1.2.8,the floor area ratio shall not exceed 2.25.
•Notwithstanding the foregoing FAR limitations,fFor properties with a main use of hotel as
of January 1,2022 within the R-PS-4 land use category,the City Commission may adopt
Land Development Regulations to increase the maximum FAR to 2.75 as a voluntary
development incentive,subject to the property owner's voluntary agreement to strictly
comply with the following conditions:
1.The main use on the property shall be converted to residential and shall remain
residential in perpetuity;hostel,hotel,apartment-hotel,and suite-hotel use shall be
prohibited.
2.A new structure,consisting solely of main-use residential and allowable accessory
uses,may be constructed,in accordance with all applicable development regulations
with a maximum FAR of 2.75.Alternatively,the entire existing building may be
converted to main-use residential and allowable accessory uses,including any repairs,
alterations and modifications that may exceed the 50%rule in the Land Development
Regulations,provided any alterations and modifications do not result in the building
exceeding an FAR of 2.75.
3.A property shall only be eligible for the FAR incentive set forth in this section,not to
exceed a total FAR of 2.75,if the property owner elects,at the owner's sole discretion,
to voluntarily execute a restrictive covenant running with the land,in a form approved
by the city attorney,affirming that,in perpetuity,none of the residential units on the
property shall be leased or rented for a period of less than six months and one day.
***
OBJECTIVE RLU 1.2:LAND USE REGULATION
Future growth and development,redevelopment and rehabilitation will be managed through the
preparation,adoption,implementation,and enforcement of land development regulations (LOR)
consistent with the Comprehensive Plan and with s.163.3202,F.S.
***
POLICY 1.2.8 RESIDENTIAL USE INCENTIVES
These provisions are hereby adopted to provide voluntary zoning incentives for non-transient
residential development.Where authorized in the underlying future land use category,and in
accordance with all applicable regulations set forth in the Comprehensive Plan and Land
Development Regulations,residential developments consisting solely of non-transient residential
units and allowable accessory uses shall be eligible for applicable incentives set forth in such
future land use category,subject to the following conditions:
1.Lodging Use Conversion and Prohibition.In order to be eligible for the residential use
incentives,the property shall be required to fully vacate any and all existing transient uses
including,but not limited to,bed &breakfast inn,hostel,hotel,apartment hotel,suite hotel,
or rooming house.Such transient uses shall be prohibited throughout the development
and at all times,in order to maintain the residential use incentives authorized for the
applicable future land use category.
2.Short Term Rental Conversion and Prohibition.In order to be eligible for the voluntary
residential use incentives authorized for the applicable future land use category,the
property owner(s)shall first be required to vacate any and all existing approvals for the
short-term rental of any apartment units on the property.
3.Covenant.As a condition of eligibility for the voluntary residential use incentives
authorized for the applicable future land use category,the property owner(s)shall first be
required to execute a restrictive covenant running with the land,in a form approved by the
City Attorney,affirming that throughout the building and at all times,no residential units on
the property shall be leased or rented for a period of less than six months and one day,
and that no transient uses including,but not limited to,bed &breakfast inn,hostel,hotel,
apartment hotel,suite hotel or rooming house,shall be permitted on the property.The
covenant shall expressly provide that an affirmative vote of six-sevenths of all members
of the city commission shall be required in order to release the covenant or to modify the
covenant in such a manner as to impose a less stringent restriction after it is executed.
SECTION 2.CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the Comprehensive
Plan of the City of Miami Beach,FL,and it is hereby ordained that the sections of this Ordinance
may be renumbered or re-lettered to accomplish such intention;and that the word "ordinance"
may be changed to "section,""article,"or other appropriate word.
SECTION 3.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
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.
SECTION 5.TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate state,
regional,and county agencies as required by applicable law.
SECTION 6.EFFECTIVE DATE.
This Ordinance shall take effect until 31 days after the state land planning agency notifies the City
that the plan amendment package is complete following adoption,pursuant to Section 163.
3184(3),Florida Statutes.
PASSED and ADOPTED this ?6 day of
ATTE~-
en-Steven Meiner,Mayor
Rafael E.Granado
City Clerk
First Reading:
Second Reading:
June 26,2024
\/erified by.aLyll
Tho
Planning Director
T:\Agenda\2025\02 February 26,2025\Planning\Residential Use Incentives -Comp Plan -Second Reading RE ADOPTION ORD.docx
Sponsored by Commissioner Laura Dominguez
Co-Sponsored by Commissioner Joseph Magazine
Co-Sponsored by Commissioner David Suarez
Ordinances -R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:February 26,2025 9:20 a.m.Second Reading Public Hearing
TITLE:RESIDENTIAL USE INCENTIVES -READOPTION OF COMPREHENSIVE PLAN
AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE CITY OF MIAMI BEACH YEAR 2040
COMPREHENSIVE PLAN,PURSUANT TO THE EXPEDITED STATE REVIEW
PROCESS OF SECTION 163.3184(3),FLORIDA STATUTES,BY AMENDING THE
"RESILIENT LAND USE &DEVELOPMENT ELEMENT,"GOAL RLU 1,ENTITLED
"LAND USE,"OBJECTIVE RLU 1.1,ENTITLED "ESTABLISHMENT OF FUTURE
LAND USE CATEGORIES"AT TABLE RLU 1.1 TO PROVIDE CONSISTENCY
WITH FLOOR AREA RATIO (F.A.R.)REGULATIONS;AT POLICY RLU 1.1.5,
ENTITLED "LOW DENSITY MULTI FAMILY RESIDENTIAL (RM-1)"TO PROVIDE
FAR INCENTIVES TO ENCOURAGE THE CONVERSION OF LEGALLY
ESTABLISHED TRANSIENT USES TO RESIDENTIAL USES IN THE "WEST
AVENUE BAYFRONT OVERLAY";BY AMENDING POLICY RLU 1.1.6 ENTITLED
"MEDIUM DENSITY MULTl FAMILY RESIDENTIAL (RM-2)"TO PROVIDE FAR
INCENTIVES TO ENCOURAGE THE DEVELOPMENT OF RESIDENTIAL USES
AND THE CONVERSION OF EXISTING TRANSIENT USES TO RESIDENTIAL
USES FOR PROPERTIES LOCATED IN THE "MID BEACH RESIDENTIAL USE
INCENTIVE AREA,"AND TO PROVIDE FAR INCENTIVES TO ENCOURAGE THE
CONVERSION OF LEGALLY ESTABLISHED TRANSIENT USES TO
RESIDENTIAL USES IN THE "WEST AVENUE BAYFRONT OVERLAY";BY
AMENDING POLICY RLU 1.1.7 ENTITLED "HIGH DENSITY MUL Tl FAMILY
RESIDENTIAL (RM-3),"TO PROVIDE FAR INCENTIVES TO ENCOURAGE THE
DEVELOPMENT OF RESIDENTIAL USES AND THE CONVERSION OF EXISTING
TRANSIENT USES TO RESIDENTIAL USES FOR PROPERTIES LOCATED IN
THE "MID BEACH RESIDENTIAL USE INCENTIVE AREA";BY AMENDING
POLICY 1.1.25,ENTITLED "HIGH DENSITY RESIDENTIAL PERFORMANCE
STANDARD (R-PS-4),"TO PROVIDE FAR INCENTIVES TO ENCOURAGE THE
DEVELOPMENT OF RESIDENTIAL USES AND THE CONVERSION OF EXISTING
TRANSIENT USES TO RESIDENTIAL USES;BY AMENDING OBJECTIVE 1.2,
ENTITLED "LAND USE REGULATION,"TO ESTABLISH POLICY 1.2.8,ENTITLED
"RESIDENTIAL USE INCENTIVES,"TO PROVIDE MINIMUM STANDARDS FOR
OBTAINING THE FAR INCENTIVES SET FORTH IN THIS ORDINANCE;AND
PROVIDING FOR CODIFICATION,REPEALER,SEVERABILITY,TRANSMITTAL
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission)re-adopt
the ordinance.
BACKGROUND/HISTORY
The proposed amendment to the Comprehensive Plan was approved at First Reading by the City
Commission on June 26,2024.Although the ordinance was adopted at Second Reading on
Page 615 of 1310
November 20,2024,there was a delay in transmitting the amendment to the State.Apparently,
the State is now enforcing deadlines for the transmittal of large-scale comprehensive plan
amendments,and is requiring that the City Commission re-adopt the ordinance.
ANALYSIS
The attached Comprehensive Plan amendment is a companion ordinance to a separate
amendment to the Land Development Regulations of the City Code (LDRs),which was also
adopted by the City Commission on November 20,2024.The Comprehensive Plan amendment
authorizes intensity (FAR)increases within the RM-1,RM-2,RM-3,and R-PS4 future land use
categories.The amendment also provides that the incentives established in the LOR amendment
to permit increased FAR are only available by voluntarily agreeing to the requirements of the
Residential Use Incentives through a new policy 1.2.8.
The purpose of the proposal is to encourage property owners to voluntarily provide permanent
residential uses instead of temporary lodging or other transient uses,including short-term rentals.
The proposal does not impact the maximum allowable residential density;as such it is likely that
the additional FAR would be utilized to provide for larger residential units,additional amenities,or
permitted accessory uses.
COMPREHENSIVE PLAN AMENDMENT REVIEW PROCESS
Under Section 163.3184(2),Florida Statutes,this amendment shall follow the expedited state
review process for adoption of comprehensive plan amendments.This process requires a public
hearing by the local planning agency (Planning Board),a public transmittal hearing before the
City Commission,after which the amendment must be transmitted to several state agencies for a
30-day review period,and a final adoption public hearing before the City Commission.The
amendment is effective 31-days after it is adopted if there are no appeals.
PLANNING BOARD REVIEW
On May 28,2024,the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).By separate motion
(6-0)the Planning Board also recommended the following:
1.The City Commission consider extending the proposed incentives to other applicable areas of
the City.
2.The City Commission continue to explore and develop additional incentives for non-transient
residential uses.
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:9/27/2024 &2/11/2025
See BIE at:https://www.miamibeachfl.goy/city-hall/city-clerk/meeting-notices]
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
Page 616 0f 1310
The Administration recommends that the City Commission re-adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
Yes
Is this item related to a G.O.Bond
Project?
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 Laura Dominguez
Co-sponsor(s)
Commissioner Joseph Magazine
Commissioner David Suarez
Condensed Title
9:20 a.m.2nd Rdg PH,Residential Use lncentives-Readoption of Comp Plan Amendment.
(LD/JM/0S)
Previous Action (For City Clerk Use Only)
Second Reading Public Hearing on 11/20/2024 -R5 M (Adopted Ordinance No.2024-4664)
Page 617 of 1310