BIE - Ocean Terrace MXE District Change to CD2 - LDR Overlay Text 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 – 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 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.
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;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
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Business Impact Estimate
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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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Ordinances - R5 X
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:February 26, 2025 5:00 p.m. First Reading Public Hearing
TITLE: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 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 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 September 5, 2024, the LUSC
discussed the item and recommended that the Planning Board transmit the proposed ordinances
changing the zoning and future land use classifications on Ocean Terrace to the City Commission
with favorable recommendations.
These ordinances were subsequently transmitted with a favorable recommendation by the
Planning Board and are currently pending before the City Commission. For purposes of
consistency, the subject companion ordinance is proposed to clarify the new zoning classification
within the Ocean Terrace Overlay regulations for properties fronting Ocean Terrace.
ANALYSIS
The City’s zoning map includes two Mixed-Use Entertainment (MXE) zoning 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) and to ensure the consistency and compatibility of future development,
separate ordinances are being proposed to re-zone this district from MXE to CD-2 and amend
the future land use map designation from MXE to CD-2. This change will not result in more intense
development than is currently permitted in the subject area and the redevelopment projects
underway along Ocean Terrace would not be impacted by a re-zoning from MXE to CD-2
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The Ocean Terrace Overlay contains regulations specific to the underlying CD-2 and MXE
districts. The attached draft ordinance amends the Land Development regulations of the City
Code (LDRs) by updating the text of the overlay regulations to reflect the pending zoning district
change, which will change the MXE designation to CD-2. No modifications 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 to the City Commission with a favorable recommendation (6-0).
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
Reading public hearing for April 23, 2025.
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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
5:00 p.m. 1st Rdg PH, Ocean Terrace MXE Zoning District Change to CD-2 - LDR Overlay.
(Bhatt) PL 5/7
Previous Action (For City Clerk Use Only)
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Docusign Envelope ID: 306AFCC6-2F8F-450A-A605-94F41B9FC500
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Docusign Envelope ID: 306AFCC6-2F8F-450A-A605-94F41B9FC500