BIE - Ocean Terrace MXE District Change to CD2 - FLUM Amendment (3/19/2025)
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
MEETING DATE: April 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
OCEAN TERRACE MXE ZONING DISTRICT CHANGE TO CD-2 – FLUM AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY
CHANGING THE FUTURE LAND USE CATEGORY PURSUANT TO SECTION 2.4.1 OF THE
MIAMI BEACH RESILIENCY CODE, AND PURSUANT TO SECTIONS 163.3181 AND SECTION
163.3187, FLORIDA STATUTES, FOR THE MXE (MIXED-USE ENTERTAINMENT) DISTRICT
IN NORTH BEACH LOCATED ALONG OCEAN TERRACE BETWEEN 73RD AND 75TH
STREETS, AND WHICH IS COMPRISED OF LESS THAN 10 ACRES, FROM THE CURRENT
DESIGNATION OF MXE, “MIXED USE ENTERTAINMENT,” TO THE FUTURE LAND USE
CATEGORY OF CD-2, “COMMERCIAL, MEDIUM INTENSITY”; AND PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X 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;
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Business Impact Estimate
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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, provided at First Reading and 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 apply to existing, legally established
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 apply to existing, legally established
businesses.
(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 administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:February 26, 2025 5:01 p.m. First Reading Public Hearing**
TITLE:OCEAN TERRACE MXE DISTRICT CHANGE TO CD-2 – FLUM AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY
PURSUANT TO SECTION 2.4.1 OF THE MIAMI BEACH RESILIENCY CODE, AND
PURSUANT TO SECTIONS 163.3181 AND SECTION 163.3187, FLORIDA
STATUTES, FOR THE MXE (MIXED-USE ENTERTAINMENT) DISTRICT IN
NORTH BEACH LOCATED ALONG OCEAN TERRACE BETWEEN 73RD AND
75TH STREETS, AND WHICH IS COMPRISED OF LESS THAN 10 ACRES, FROM
THE CURRENT DESIGNATION OF MXE, “MIXED USE ENTERTAINMENT,” TO
THE FUTURE LAND USE CATEGORY OF CD-2, “COMMERCIAL, MEDIUM
INTENSITY”; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE
PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
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 April
23, 2025.
BACKGROUND/HISTORY
On May 15, 2024, at the request of Commissioner Tanya K. Bhatt, the City 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 June 10, 2024 the item was
deferred to the July 9, 2024 LUSC meeting with no discussion and on July 9, 2024, the item was
deferred to the September 5, 2024 meeting, with no discussion.
On September 5, 2024, the LUSC discussed the item and recommended that the Planning Board
transmit the proposed ordinances to the City Commission with favorable recommendations.
ANALYSIS
The City’s zoning and future land use maps includes two Mixed-Use Entertainment (MXE)
districts – one in South Beach, along Collins Avenue and Ocean Drive; and the other in North
Beach, along Ocean Terrace. The MXE designation was created, in part, to incentivize
redevelopment, especially for hotel and entertainment uses.
The properties to the west of the North Beach MXE district are currently zoned CD-2 (commercial,
medium intensity district). To ensure consistency and compatibility of future development, the
attached ordinance proposes to change the future land use classification of this district in North
Beach from MXE to CD-2. A separate, companion amendment will change the zoning
classification from MXE to CD-2. For reference, maps illustrating the existing and proposed zoning
and future land use designations are attached.
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This change will not result in more intense development than is currently permitted in the subject
area. The redevelopment projects underway along Ocean Terrace would not be impacted by a
re-zoning from MXE to CD-2.
The existing Mixed Use Entertainment (MXE) future land use designation in the 2040
Comprehensive Plan provides for the following:
POLICY RLU 1.1.13 MIXED USE ENTERTAINMENT (MXE)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new mixed use areas which accommodate residential, hotel and
commercial development.
Uses which may be permitted: Apartments, apartment hotels, hotels and various types of
commercial uses including, business and professional offices (but not medical or dental
offices), retail sales and service establishments, and eating and drinking establishments..
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: a floor area ratio of 2.0
The proposed Medium Intensity Commercial Category (CD-2) future land use designation in
the 2040 Comprehensive Plan provides for the following:
POLICY RLU 1.1.9 MEDIUM INTENSITY COMMERCIAL (CD-2)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new medium intensity commercial areas which serve the entire
City.
Uses which may be Permitted: Various types of commercial uses including business and
professional offices, retail sales and service establishments, eating and drinking
establishments; apartment residential uses; 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: 100 dwelling units per acre.
Intensity Limits: a floor area ratio of 1.5 for commercial; 2.0 for residential or mixed use;
3.25 in the Wolfsonian Arts District.
COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS
The total land area involved in this application is approximately 2.41 acres (105,000 SF), not
including portions within a right-of-way. Under Section 163.3187 F.S., land use map amendments
of less than 10 acres in size may be considered “small-scale” amendments, which require only
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one public hearing before the City Commission, which shall be an adoption hearing. Upon
adoption, the local government shall send a copy of the adopted small-scale amendment to the
State Land Planning Agency so that the Agency can maintain a complete and up-to-date copy of
the City’s Comprehensive Plan.
The proposed FLUM amendment is required to be processed concurrently with the companion
Zoning Map amendment, as they are interrelated; however, separate motions must be made for
each ordinance.
PLANNING BOARD REVIEW
On January 7, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a
private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations
of the City Code, amendments to the City Code require the payment of the applicable fees in
section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-
sevenths (5/7ths) vote of the City Commission, based upon one or more of the following
circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change
in federal or state law, or to implement best practices in urban planning, or based on
circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial
hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's
association for property owned by any such organization or association, so long as the request
demonstrates that a public purpose is achieved by enacting the applicable amendment.
The Administration recommends that the City Commission waive the applicable fees based on
circumstances unique to the proposed amendment.
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:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission approve the subject ordinance at First Reading and schedule a Second
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Reading public hearing for April 23, 2025.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code,
the City Commission waive the applicable fees based on circumstances unique to the
proposed amendment.
Applicable Area
North Beach
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 Tanya K. Bhatt
Co-sponsor(s)
Condensed Title
5:01 p.m. 1st Rdg PH, Ocean Terrace MXE District Change to CD-2–FLUM Amendment.
(Bhatt) PL
Previous Action (For City Clerk Use Only)
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