BIE - North Beach Oceanfront Overlay - Comprehensive Plan Amendments - 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
NORTH BEACH OCEANFRONT OVERLAY DISTRICT – COMPREHENSIVE PLAN
AMENDMENTS
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 SMALL SCALE PROCEDURES IN SECTION 163.3187, FLORIDA
STATUTES, BY AMENDING GOAL RLU 1, “LAND USE,” OBJECTIVE RLU 1.1,
“ESTABLISHMENT OF FUTURE LAND USE CATEGORIES,” POLICY 1.1.7, “HIGH DENSITY
MULTI FAMILY RESIDENTIAL (RM-3),” TO CREATE THE NORTH BEACH OCEANFRONT
OVERLAY LAND USE CATEGORY, PROVIDING AUTHORITY TO ESTABLISH FLOOR AREA
INCENTIVES FOR PARTIAL RECONSTRUCTION OF CONTRIBUTING BUILDINGS; AND
DESIGNATING THE NORTH BEACH OCEANFRONT OVERLAY DISTRICT ON THE 2040
FUTURE LAND USE MAP; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE
PLAN, TRANSMITTTAL, 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;
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Business Impact Estimate
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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, 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:March 19, 2025 5:01 p.m. First Reading Public Hearing**
TITLE:NORTH BEACH OCEANFRONT OVERLAY - 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 SMALL SCALE PROCEDURES IN
SECTION 163.3187, FLORIDA STATUTES, BY AMENDING GOAL RLU 1: LAND
USE; OBJECTIVE RLU 1.1: ESTABLISHMENT OF FUTURE LAND USE
CATEGORIES; POLICY 1.1.7: HIGH DENSITY MULTI FAMILY RESIDENTIAL (RM-
3), CREATING THE NORTH BEACH OCEANFRONT OVERLAY LAND USE
OVERLAY CATEGORY PROVIDING AUTHORITY TO ESTABLISH FLOOR AREA
INCENTIVES FOR PARTIAL RECONSTRUCTION OF CONTRIBUTING
BUILDINGS; AND DESIGNATING THE NORTH BEACH OCEANFRONT OVERLAY
DISTRICT ON THE 2040 FUTURE LAND USE MAP; 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
The subject application was submitted on August 6, 2024 by TMG 67 Communities LLC with
respect to the property located at 6701 Collins Avenue. This is a private application submitted
pursuant to Sections 2.4.1 and 7.1.10 of the Resiliency Code. The applicant is proposing to create
the North Beach Oceanfront Overlay within the City’s Future Land Use Map, the text of the City’s
2040 Comprehensive Plan, and the City’s Resiliency Code.
ANALYSIS
The applicant is proposing to create a new overlay, entitled the North Beach Oceanfront Overlay
district, as well as amend the RM-3 development regulations specific to 6701 Collins Avenue, the
site of the former Deauville Hotel. The proposal includes amendments to the Comprehensive
Plan, as more specifically noted in the attached ordinance.
The proposed amendments to the Comprehensive Plan and the Land Development Regulations
of the City Code (LDRs) would enable the construction of an apartment hotel development that
includes up to 416,250 square feet of bonus floor area, which would equate to an overall FAR of
5.5 for the property. The maximum zoned FAR for the property would remain at 3.0. Additionally,
the applicant is proposing up to 200 feet of bonus building height, which will result in new towers
constructed with a total height of 400 feet. The maximum zoned building height for the property
would remain at 200 feet.
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The applicant is also proposing to modify the minimum setback requirements in a manner specific
to the property. Other proposed amendments include modifications to the allowable
encroachments, as identified in the attached ordinance, resulting in a zero-foot side setback for
certain structures, as well as modification to the rear setback requirements. In addition, a
reduction in the minimum off-street parking requirements is proposed, along with the allowance
for subterranean parking and mechanical parking without the review of the Planning Board. Lastly,
substantial exemption from the requirements of the long frontage standards is also proposed.
COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS
The proposal requires an amendment to the Comprehensive Plan for the proposed changes to
the maximum intensity requirements for the property. In this regard, the following revision is
proposed in the attached comprehensive plan amendment:
Policy RLU1.1.7 High Intensity Multi-family (RM-3) is proposed to be amended as follows:
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.;
Notwithstanding the foregoing, the City Commission acting in a legislative capacity may
adopt land development regulations that provide intensity bonuses in the following RM-
3 land use category overlays:
A. North Beach Oceanfront Overlay: Lots within the North Beach Resort Historic District, which,
as of January 1, 2025, are oceanfront lots with a lot area greater than 140,000 square feet
and a minimum lot width of 450 feet, and are proposed to be developed with the partial
reconstruction of a previously existing contributing building, as determined by the Historic
Preservation Board, are eligible for the following intensity bonuses:
i. The maximum base floor area in the overlay shall be 3.0.
ii. New construction limiting density to a maximum of 75 units per acre shall receive a
floor area ratio bonus of 0.25.
iii. New construction limiting hotel unit count to a maximum of 280 units shall receive a
floor area ratio bonus of 0.25.
iv. A property that 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, that no residential unit on the property shall be leased or rented for a
period of less than six months and one day, shall receive a floor area bonus of 0.50.
v. A property that provides pedestrian pathways from Collins Avenue to the beach walk
on the north and south sides of the property for public beach access in perpetuity shall
receive a floor area bonus of 0.50.
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vi. Notwithstanding the foregoing, the City Commission may adopt land development
regulations that allow additional floor area for the sole purpose of partial reconstruction
of the pedestal of a contributing structures, with the extent of reconstruction to be
approved by the Historic Preservation Board, up to a maximum of 166,500 square feet
of additional floor area, provided that density and intensity of development at the
property where the reconstruction occurs is limited as provided below.
vii. Accessory Uses: the enclosed portions of accessory uses shall not exceed 35% of the
square footage of the reconstructed contributing building square footage of the historic
structure.
Under Section 163.3187(1), Florida Statutes, this amendment qualifies as a small scale
amendment as the proposed North Beach Oceanfront Overlay is approximately 3.82 acres. This
process requires a public hearing by the local planning agency (Planning Board) and a final
adoption public hearing before the City Commission. The ordinance shall take effect 31 days
after adoption if no challenge is filed.
PLANNING BOARD REVIEW
On November 26, 2024, the Planning Board held a public hearing, reviewed the proposed
ordinance and continued it to the January 7, 2025, meeting. On December 17, 2024, a public
workshop was held after the first review of the Planning Board and additional input received from
the participants.
On January 7, 2025, the Planning Board continued the proposed ordinance to a date certain of
February 4, 2025, at the request of the applicant, with no substantive discussion. 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).
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Impact Estimate? No
(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 that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for April 23, 2025.
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
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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)
Private Applicant
Co-sponsor(s)
Condensed Title
5:01 p.m. 1st Rdg PH, North Beach Oceanfront Overlay - Comp Plan Amendment. (Priv Appl)
PL
Previous Action (For City Clerk Use Only)
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