BIE - CPS2 Regulations - 6th Street Overlay - Second Reading (3/24/2025)
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: April 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
C-PS2 DEVELOPMENT REGULATIONS - 6TH STREET OVERLAY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS, ARTICLE II,
ENTITLED “DISTRICT REGULATIONS,” SECTION 7.2.15, ENTITLED “PS PERFORMANCE
STANDARD DISTRICT,” AT SUB-SECTION 7.2.15.3, ENTITLED “COMMERCIAL
PERFORMANCE STANDARDS DISTRICTS (C-PS), TO AMEND THE PERMITTED,
CONDITIONAL AND SUPPLEMENTAL USE REGULATIONS, AS WELL AS DEVELOPMENT
REGULATIONS, INCLUDING MAXIMUM PERMITTED BUILDING HEIGHT, WITHIN THE C-PS2
ZONING DISTRICT; 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
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Business Impact Estimate
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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 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 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:March 19, 2025 5:03 p.m. First Reading Public Hearing**
TITLE:C-PS2 DEVELOPMENT REGULATIONS - 6TH STREET OVERLAY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS
AND REGULATIONS, ARTICLE II, ENTITLED “DISTRICT REGULATIONS,”
SECTION 7.2.15, ENTITLED “PERFORMANCE STANDARD DISTRICT (PS),” AT
SUB-SECTION 7.2.15.3, ENTITLED “COMMERCIAL PERFORMANCE
STANDARDS DISTRICTS (C-PS),” TO AMEND THE PERMITTED, CONDITIONAL
AND SUPPLEMENTAL USE REGULATIONS, AS WELL AS DEVELOPMENT
REGULATIONS, INCLUDING MAXIMUM PERMITTED BUILDING HEIGHT,
WITHIN THE C-PS2 ZONING DISTRICT; 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. In addition, prior to Second Reading, Section 7.2.15.3(12)f of the proposed ordinance
shall be amended as recommended.
BACKGROUND/HISTORY
On July 28, 2021, at the request of then Commissioner, now Mayor Steven Meiner, the City
Commission referred a discussion item (C4 T) pertaining to the creation of a 6th Street Overlay
between Washington Avenue and Alton Road, to the Land Use and Sustainability Committee
(LUSC). On September 14, 2021, the LUSC discussed the item and continued it to the October
19, 2021, LUSC meeting.
On October 19, 2021, the item was deferred to the December 2021 LUSC meeting. The
December 2021 LUSC meeting did not take place and the item was automatically deferred to the
first available meeting of 2022. On March 4, 2022, the LUSC discussed and continued the item
to the May 13, 2022, LUSC meeting with the following direction:
1. Engage in follow-up outreach to the affected stakeholders and provide a summary of the
applicable comments and input.
2. Modify the northeast boundary of the overlay to remove Washington Avenue.
On May 13, 2022, the item was deferred to the June 6, 2022, LUSC meeting, with no discussion.
On June 6, 2022, the item was deferred to the July 7, 2022, LUSC meeting, with no discussion.
On July 7, 2022, the item was deferred to the September 28, 2022, LUSC meeting, with no
discussion.
On September 28, 2022, the LUSC discussed the proposal, including additional revisions to the
draft overlay, and continued the item to the November 18, 2022, LUSC meeting with direction to
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further explore allowable uses within the proposed overlay, as well as hold a publicly noticed
community meeting in the neighborhood. On November 18, 2022, the item was deferred to the
January 25, 2023, LUSC meeting, with no discussion.
On January 25, 2023, the item was discussed and continued to the March 1, 2023, LUSC meeting
with direction to the Administration to develop incentives to transfer allowable intensity from the
south side of 6th Street closer to 5th Street. On March 1, 2023, the LUSC recommended that the
City Commission refer the Administration version of the proposed overlay ordinance to the
Planning Board.
On March 27, 2023, the City Commission referred a draft ordinance to the Planning Board (Item
C4 B). On April 25, 2023, the Planning Board discussed the item and continued it to the May 23,
2023, meeting. On May 23, 2023, the Planning Board discussed the item and continued it to the
June 27, 2023 meeting. On June 27, 2023, the Planning Board continued the item to the
September 26, 2023, meeting.
Prior to the September 26, 2023, Planning Board meeting, the item sponsor requested that the
proposal be removed from the Planning Board agenda and placed on the next available City
Commission agenda for a new referral to the LUSC. The purpose of referring the item back to the
LUSC was to allow for additional study, as well as further input from affected residents and
property owners. On October 18, 2023, the City Commission referred the item to the LUSC (C4
A). Additionally, Commissioner Laura Dominguez became a co-sponsor.
On February 26, 2024, the LUSC discussed the proposed overlay and continued the item to the
March 19, 2024, meeting. On March 19, 2024, the item was deferred to a future meeting, with no
discussion, for the Administration to meet with affected stakeholders.
On July 9, 2024, the LUSC discussed the proposed overlay and continued the item to a future
date with the direction to the Administration to include the recommendations from the Flamingo
Park Neighborhood Association (FPNA) regarding a hotel prohibition and height restrictions in the
proposed ordinance. On September 5, 2024, the LUSC discussed the proposal and
recommended that the City Commission refer the revised ordinance to the Planning Board with
revised overlay boundaries noted in the LUSC memorandum.
On October 30, 2024, at the request of Mayor Steven Meiner and Commissioner Laura
Dominguez, the City Commission referred the attached ordinance to the Planning Board (item C4
L).
ANALYSIS
Characteristics of Overlay Area
The area between 5th and 6th Streets, from Washington Avenue to Alton Road, is currently zoned
Commercial Performance General Mixed-Use (C-PS2). The C-PS2 district permits a range of
business, commercial, office and hotel use, as well as medium density residential development.
As noted on the attached map, the north side of 6th Street between Washington Avenue and Alton
Road is comprised of the following zoning districts:
Residential Multifamily Medium Intensity (RM-2), between Washington Avenue and
Pennsylvania Court;
Government Use (GU), between Meridian Avenue and Jefferson Avenue;
Commercial Medium Intensity (CD-2), between Lenox Court and Alton Road; and
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Residential Multifamily Low Intensity (RM-1), between Lenox Court and Jefferson Avenue, as
well as between Meridian Avenue and Euclid Avenue.
The entire south side of 6th Street between Washington Avenue and Alton Road is zoned C-PS2.
The center line of 6th Street between Washington Avenue and Lenox Court serves as the
boundary for the Flamingo Park Historic District to the north and the Ocean Beach Historic District
to the south.
The Flamingo Park neighborhood is bounded on the south by 6th Street, and on the north by
Lincoln Lane south, and is generally between Alton Road and Washington Avenue. The Flamingo
Park neighborhood is within a designated local historic district, and is composed predominantly
of low scale, multi-family residential apartment buildings.
The low scale residential neighborhood within Flamingo Park is currently buffered from the higher
intensity zoning CD-2 district on the west (Washington Avenue) by the Residential Office (RO)
zoning district on Pennsylvania and Drexel Avenues. Additionally, in 2014, the Alton Road Historic
District Buffer Overlay was created along the east side of Alton Road, to create a transition area
between that CD-2 and RM-1 districts in Flamingo Park. Over time, these transition areas have
helped to mitigate the impacts of higher intensity commercial uses adjacent to lower intensity
residential uses on the east and west sides of the Flamingo Park neighborhood.
Planning Analysis
Recently there have been several large, high intensity projects approved within the C-PS2 area
between 5th and 6th Streets, from Alton Road to Meridian Avenue. Most recently, a new hotel with
a rooftop amenity deck and accessory outdoor café was approved for the property located at the
southeast corner of 6th Street and Lenox Avenue. Given that there are a number of non-
contributing properties, including several surface parking lots, in this area, as well as the potential
future use of the 5th Street as a transit corridor, it is likely there will be an increase in new
development proposals in this C-PS2 area.
To ensure that future development proposals within the C-PS2 area north of 5th Street are
compatible with and sensitive to the established, low scale area of Flamingo Park north of 6th
Street, additional development regulations have been proposed. To this end, the proposed
amendments to the Land Development Regulations of the City Code (LDRs) contained in the
attached ordinance are intended for properties and uses that front on or are near the south side
of 6th Street. The intention of the proposal is to foster a more compatible relationship in terms of
scale, massing and land uses between the south side of 6th Street and the Flamingo Park
residential neighborhood.
The proposed overlay is intended to create a meaningful buffer along the south side of 6th Street
and has been carefully formed, as the make-up of existing properties between 5th and 6th Streets
is unique and includes variations in overall lot sizes and unified development sites. Also, this area
contains several less than desirable uses, including surface parking lots, gas stations and other
automobile related uses, and the proposed overlay takes into consideration the ability for multiple
lots to be developed in a tangible manner.
Attached are additional maps showing the following:
1. Existing unified development sites (current property owners map); and
2. Existing properties with buildings classified as ‘contributing’ in the City’s historic properties
database (contributing buildings map).
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These maps show how dispersed the area between 5th and 6th Street is both from a property
ownership and unified site standpoint. Additionally, there is no strong concentration of contributing
structures along 5th Street and the mid portions of most blocks.
Considering this, the overlay regulations have been drafted to prevent creating a barrier to
establishing desirable unified sites, even if some of the lots within a unified site are close to or
fronting 6th Street. Additionally, as 5th Street is a major commercial corridor there is an opportunity
to maximize the development potential of these properties, including unification efforts with
properties immediately north of 5th Street. Currently there are a number of highly underutilized
parcels fronting on and north of 5th Street, as well as a number of existing uses that do not allow
for the potential of the area to be realized.
The following is a summary of the proposed overlay regulations included in the attached
ordinance:
1. The overlay applies to properties bounded by 6th Street to the north and 5th Street to the south,
between the west side of Lenox Avenue and the west side of Washington Avenue. Properties
with frontage on Washington and Lenox Avenues as of January 1, 2022 have been removed
from the overlay. However, in the future, if a lot with frontage on Washington or Lenox Avenue
is unified with another lot, such unified site shall therein after be subject to the overlay
regulations.
2. The following shall apply to alcoholic beverage establishments within the proposed overlay:
a. Operations in outdoor or open-air areas of an alcoholic beverage establishment shall
cease no later than 12:00 a.m., except as otherwise provided.
b. Alcoholic beverage establishments participating in the Outdoor Dining Concession
Program shall not be permitted to have outdoor speakers abutting or adjacent to any public
sidewalks.
c. Outdoor bar counters shall be prohibited within the overlay.
d. Outdoor restaurant seating is limited to 100 seats within 200 feet of the south side of 6th
Street.
e. Outdoor seating above the ground floor (rooftop seating) within 200 feet within the south
side of 6th Street is prohibited.
3. Recorded music and television sets are prohibited in any outdoor area within 200 feet of the
south side of 6th Street.
4. For properties with frontage on 6th Street, entry and exit doors, as well as access points
(except for required emergency egress) to hotels, apartment hotels and suite hotels, and food
and beverage establishments serving alcohol, shall be subject to the following regulations:
a. Entry and exit doors, as well as access points, shall not be permitted on 6th Street.
b. A minimum setback of 20 feet from the south side of 6th Street, for all such entry and exit
doors, as well as access points, shall be required.
c. For properties that contain 200 feet or more of frontage along Euclid, Meridian, Jefferson,
Michigan or Lennox Avenues, all entry and exit doors, as well as access points shall be
setback a minimum setback of 100 feet from the south side of 6th Street.
d. Subject to the approval of the Historic Preservation Board, for existing contributing
structures the minimum setbacks from the south side of 6th Street may be waived or
modified by the Historic Preservation Board, and the location of such entry and exit doors,
and access points, may be permitted on 6th Street.
5. For properties with frontage on 6th Street, the storage or parking of vehicles above the ground
level shall be setback a minimum of 100 feet from the south side of 6th Street.
6. The following uses shall be prohibited within the overlay:
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a. The sale, lease or rental of any motor vehicles, including, but not limited to, automobiles,
golf carts, low-speed vehicles, mopeds, motorcycles, motorized bicycles, and motorized
scooters.
b. Hostels.
c. Convenience stores.
d. Smoke shops and vape stores.
e. Package stores and the retail sale of alcohol for off premise consumption.
f. Hotels within 200 feet of the south side of 6th Street.
7. The maximum permitted height within the first 100 feet south of 6th Street shall not exceed
28 feet, regardless of property use, and the maximum permitted height between 100 feet and
140 feet south of 6th Street shall not exceed 40 feet. This height limit may be waived by the
Historic Preservation Board to preserve contributing buildings or for a development whose
primary use is affordable or workforce housing.
8. A minimum setback of five (5’) feet shall be required along all front and side facing a street
yards, to provide a clear pedestrian path that exceeds the width of the abutting sidewalk. This
requirement may be waived by the Historic Preservation Board for portions of a property
containing a contributing building.
9. If an alley exists, no front or street side curb cut shall be permitted. If no alley exists, any curb-
cut required shall not exceed 12 feet in width.
10. Roof-top additions shall not exceed the applicable maximum building height set forth in the C-
PS2 district.
Community Meeting
At the previous direction of the LUSC, on December 19, 2022, the city held an evening public
meeting at the Miami Beach Police Department Community Room within the Flamingo Park
neighborhood. The hybrid meeting was advertised and well attended by residents and property
owners both in person and via Zoom.
After a brief presentation, some residents expressed concerns regarding potential proliferation of
transient and commercial uses along the south side of 6th Street across from the Flamingo Park
residential neighborhood. More specifically, the members of the public requested that the city
explore the following:
Prohibit the introduction of balconies facing 6th Street or any side street, for transient uses;
Explore the introduction of zoning incentives that would encourage residential development;
and
Explore the possibility of rezoning the south side of 6th Street to the RM-1 zoning district.
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). The Planning Board
also recommended that the threshold for lower building height be applicable to development sites
consisting of more than 2 platted lots.
SUMMARY
The Administration is supportive of the proposed overlay ordinance, as it will establish an effective
transition area between the more intense C-PS2 district south of 6th Street, and the lower scale
residential area north of 6th Street. However, the Administration does have concerns with the
proposal to limit building height to less than 50 feet within the proposed overlay and would urge
caution regarding this modification.
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Lower height limits on properties closer to 6th Street, which are part of larger unified development
sites, would be appropriate, as they would result in a higher level of compatibility between new
construction and the lower scale Flamingo Park Neighborhood to the north. However, the
Administration believes that the lower height regulations should be applicable to unified
development sites that consist of at least five (5) platted lots.
Although the Planning Board recommended a minimum threshold of more than two (2) platted
lots for the lower height proposed, the Administration recommends that this threshold be
increased to at least five (5) platted lots. In this regard small development sites (lots that contain
less than 5 platted lots) typically do not have enough area to distribute the maximum allowable
FAR and could be disproportionally affected. To address this, the following building height
standards are recommended:
The maximum permitted height within the first two platted lots south of 6th Street shall not
exceed 50 feet, regardless of property use.
For a unified development site consisting of five (5) or more platted lots, the maximum
permitted height within 100 feet of the south side of 6th Street shall not exceed 28 feet
and the maximum permitted height between 100 feet and 140 feet from the south side of
6th Street shall not exceed 40 feet. The foregoing height limits may be waived by the
Historic Preservation Board to preserve contributing buildings.
FISCAL IMPACT STATEMENT
No Fiscale Impact Expected
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.
2. Prior to Second Reading, Section 7.2.15.3(12)f of the proposed ordinance be amended as
follows:
c. The maximum permitted height within the first 100 feet south of 6th Street shall not exceed
28 feet, regardless of property use, and the maximum permitted height between 100 feet and
140 feet south of 6th Street shall not exceed 40 feet. This height limit may be waived by the
Historic Preservation Board to preserve contributing buildings or for a development whose
primary use is affordable, workforce, or senior housing.
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c. The maximum permitted height within the first two platted lots south of 6th Street shall not
exceed 50 feet, regardless of property use. Notwithstanding the foregoing, for a unified
development site consisting of five (5) or more platted lots, the maximum permitted height
within 100 feet of the south side of 6th Street shall not exceed 28 feet and the maximum
permitted height between 100 feet and 140 feet from the south side of 6th Street shall not
exceed 40 feet. The foregoing height limits may be waived by the Historic Preservation Board
to preserve contributing buildings.
Applicable Area
South 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)
Mayor Steven Meiner
Commissioner Laura Dominguez
Co-sponsor(s)
Condensed Title
NR- 5:03 p.m. 1st Rdg PH, C-PS2 Development Regs-6th Street Overlay. (Meiner/Dominguez)
5/7
Previous Action (For City Clerk Use Only)
Not reached on 2/26/2025 - R5 AA
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