BIE - North Beach Oceanfront Overlay - LDR 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 – LDR AMENDMENTS
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, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT
REGULATIONS,” SECTION 7.2.6, “RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,”
SUBSECTION 7.2.6.3, “DEVELOPMENT REGULATIONS (RM-3),” TO REFERENCE MODIFIED
DEVELOPMENT REGULATIONS FOR THE NORTH BEACH OCEANFRONT OVERLAY,
FURTHER AMENDING CHAPTER 7, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE III,
“OVERLAY DISTRICTS,” BY CREATING SECTION 7.3.11, ENTITLED “NORTH BEACH
OCEANFRONT OVERLAY DISTRICT,” TO ESTABLISH DEVELOPMENT REGULATIONS
THAT INCENTIVIZE DEVELOPMENTS INCLUDING THE PARTIAL RECONSTRUCTION OF
CONTRIBUTING BUILDINGS ON CERTAIN EXISTING OCEANFRONT LOTS WITHIN THE
NORTH BEACH RESORT LOCAL HISTORIC 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
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Business Impact Estimate
Page 2
development regulation amendments;
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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Ordinances - R5 Q
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:March 19, 2025 5:02 p.m. First Reading Public Hearing**
TITLE:NORTH BEACH OCEANFRONT OVERLAY - LDR AMENDMENT
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, “ZONING DISTRICTS AND
REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” SECTION 7.2.6, “RM-3
RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,” SUBSECTION 7.2.6.3,
“DEVELOPMENT REGULATIONS (RM-3),” TO REFERENCE MODIFIED
DEVELOPMENT REGULATIONS FOR THE NORTH BEACH OCEANFRONT
OVERLAY, FURTHER AMENDING CHAPTER 7, “ZONING DISTRICTS AND
REGULATIONS,” ARTICLE III, “OVERLAY DISTRICTS,” BY CREATING SECTION
7.3.11, ENTITLED “NORTH BEACH OCEANFRONT OVERLAY DISTRICT,” TO
ESTABLISH DEVELOPMENT REGULATIONS THAT INCENTIVIZE
DEVELOPMENTS INCLUDING THE PARTIAL RECONSTRUCTION OF
CONTRIBUTING BUILDINGS ON CERTAIN EXISTING OCEANFRONT LOTS
WITHIN THE NORTH BEACH RESORT LOCAL HISTORIC 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, the ordinance shall be revised for Second Reading as recommended by the
Administration.
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 filed pursuant
to Sections 2.4.1 and 7.1.10 of the Resiliency Code. The application proposes 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.
The Deauville name has a long history dating back to 1926. The original Deauville hotel at 6701
Collins Avenue was constructed in 1926, modified in the early 1930’s, and totally demolished in
1956. The former Deauville hotel, which was demolished in 2022, was constructed in 1956 and
designed by noted Miami Beach architect Melvin Grossman, in the Post War Modern (MiMo)
style. The former hotel was also classified as a contributing building in the Miami Beach Historic
Properties Database and the site is located within the North Beach Resort Local Historic District.
One of the most noticeable features of the former building was its dramatic porte-cochere,
comprised of sweeping intersecting parabolic curves, creating a defining entry point for this once
all-inclusive resort. Stepped horizontal planes rose from the street to the 2nd floor lobby entrance
along the building’s façade, providing shelter and a clear pedestrian procession from Collins
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Avenue. This lobby entrance was one of the three main differentiated architectural features of
the building.
The former 2-story structure on the south side of the property contained ground level retail spaces
with a two-story height ballroom space above, made legendary by the 1960s appearance of the
Beatles on the “Ed Sullivan Show.” An elongated honeycomb pattern of ornamental hollow clay
blocks formed a distinctive screening mechanism for the ballroom façade on Collins Avenue. The
hotel portion of the former building rose 15 stories at the north end of the property and contained
continuous horizontal windows and projecting concrete eyebrows.
After a fire in the former Deauville’s electrical room, the building was closed on July 25, 2017.
The city took extensive action to attempt to ensure that the former building was not demolished
by neglect through enforcement action by the Building Department and by filing action in Circuit
Court to attempt to force the property owner to meet its obligations with respect to the 40-year
building re-certification process and pursuant to a 2018 Unsafe Structures Board Order, among
other relief intended to prevent the building’s demolition by neglect. One of those obligations was
for the owner to provide a Structural Condition Assessment Report from a licensed engineer.
After years of enforcement action and litigation, the owner provided the required Structural
Condition Assessment Report. Unfortunately, that report (which the Building Official verified)
established that the building was unsafe and could not be saved due to structural defects in the
building. The building was demolished in November 2022.
ANALYSIS
Planning Board and City Commission Review Requirements
The application submitted herein is in accordance with Section 7.1.10.2(a) of the LDRs, which
requires the following 3-step process, prior to the review by the City Commission:
a. Step One – Planning Board Preliminary Review.
The Planning Board, at a duly noticed public hearing, shall perform an initial review of the
proposed ordinance. Notice of the Planning Board preliminary review hearing shall be
given in accordance with the applicable provisions in Chapter 2, Article IV of the Land
Development Regulations. If the proposed ordinance involves less than ten (10)
contiguous acres, the notice requirements for the preliminary Planning Board review shall
also include a minimum 30-day mail notice for all properties within 375 feet of the
properties subject to the proposed floor area or FAR increase, and a 30-day published
notice.
Prior to the Planning Board’s preliminary review stage, the Administration, either internally
or with the assistance of an outside consultant, will perform an impact analysis of the
proposed FAR increase; and such impact analysis shall include, but not be limited to, the
following:
1. Calculation of the actual square footage increase for affected properties such as,
for example, the maximum allowable square footage for residential, office, retail,
hotel or other uses resulting from the FAR increase.
2. An infrastructure analysis regarding potential impacts on traffic/mobility, parking,
water, sewer, resiliency, parks and open space, as well as any other area of
concern identified by the City Commission or the Administration.
3. Massing studies, which illustrate the volume and location of the area associated
with the proposed increase in FAR.
For private applications, the applicant shall be required to provide all data and exhibits
related to the above noted impact analysis as part of the application submission. The
findings of this impact analysis shall be presented to the Planning Board at the preliminary
review stage.
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b. Step Two – Community Outreach Meeting:
Subsequent to the Planning Board’s preliminary review meeting, the City shall facilitate a
public meeting for all affected stakeholders, in order to solicit additional input and
feedback, as well as for City staff to address any outstanding issues or questions. A
reasonable effort shall be made to ensure that such public meeting is held no later than
45 days from the date of the preliminary review by the Planning Board. Courtesy notice of
the meeting shall be given by the applicable City department, in coordination with the
Planning Department, in a manner consistent with the City’s courtesy notices for other
community meetings, workshops, or presentations.
c. Step Three – Planning Board Transmittal:
At a second duly noticed public hearing, which is separate and apart from the preliminary
review hearing, the Planning Board shall consider and transmit the proposed ordinance to
the City Commission with a recommendation. Notice of this transmittal hearing shall be
given in accordance with the applicable provisions in Chapter 2, Article IV of the Land
Development Regulations.
After transmittal to the City Commission, the review requires a similar 3-step process:
a. Step One – First Reading Public Hearing:
After transmittal of the ordinance by the planning board, the City Commission shall hold a
first reading public hearing. Notice of the first reading shall be given in accordance with
the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. If
the proposed ordinance involves less than ten (10) contiguous acres, the notice
requirements for first reading shall also include a minimum 30-day mail notice for all
properties within 375 feet of the properties subject to the proposed floor area or FAR
increase, and a 30-day published notice.
b. Step Two – Community Workshop:
Subsequent to the approval of the ordinance at first reading, and prior to second reading,
at least one additional community workshop, which is separate and apart from the first
reading public hearing, shall be held. This additional community workshop shall be
considered a courtesy meeting, and open to participation by all affected stakeholders,
including residents, property owners, or businesses in the surrounding area that may be
affected by the proposed floor area or FAR increase, as determined by the City
Commission. Such community workshops may be held in a virtual, in-person or hybrid
formats, at the discretion of the City Commission, and shall be noticed in a manner to be
determined by the City Commission.
c. Step Three – Second Reading / Adoption Public Hearing:
After the community workshop described above, the City Commission shall hold a second
reading public hearing to consider final adoption of the proposed ordinance. Notice of the
second reading shall be given in accordance with the applicable provisions in Chapter 2,
Article IV of the Land Development Regulations.
Proposal
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. A separate, companion ordinance, proposes to amend the
comprehensive plan. Collectively, these amendments would enable the construction of an
apartment hotel development, with the following uses and amenities:
280 hotel rooms;
140 residential apartment units;
7,300 square feet of retail;
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34,000 square feet of food and beverage service;
24,000 square feet of ballroom/banquet space;
A 7,500 square foot spa;
A 5,300 square foot gym; and
98 parking spaces.
The subject site is 166,500 square feet and the former Deauville Hotel previously contained 566
hotel rooms.
The proposal includes up to 416,250 square feet of bonus floor area (2.5 bonus FAR). When
combined with the current maximum allowable floor area of 499,500 square feet (3.0 FAR), up to
915,750 square feet of floor area would be permitted, 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. The applicant is also proposing to modify the minimum
setback requirements in a manner specific to the property.
The following is a summary of the proposed modifications to floor area, building height and
setbacks, as compared to the current requirements of the LDRs:
Current Required or Max Proposed Difference
FAR 3.0 FAR / 499,500 SF 416,250 SF Bonus +416,250 SF / +2.5
5.5 FAR / 915,750 SF
Note: each 1.0 increase in FAR results in an addition of 166,500 SF to the site.
Height 200 Feet 200 bonus feet +200 feet
(400 feet total height)
Front Setback
Pedestal 20 Zero feet -20 feet
Tower 50 feet 40 feet -10 feet
Side Setback
Pedestal 40 feet 30 feet (N) -10feet
20 feet (S) -20 feet
Side Sum 80 feet None -30 feet
Tower 50 feet 30 feet -20 feet
Note: The current setbacks reflect an overall height not to exceed 200 feet.
Other proposed amendments include modifications to the allowable setback encroachments, as
identified in the attached ordinance. These include up to a zero-foot side setback for certain
structures, as well as modifications to the rear setback requirements.
Additionally, 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, a substantial exemption from the requirements of the long frontage standards is
also proposed.
In accordance with the requirements noted above for FAR increases, the following are required
to be provided as part of the application submission:
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1. Impact analysis of the proposed FAR increase. The current maximum permitted floor area
for the site is 499,500 square feet and a maximum of 915,750 square feet is proposed.
The draft ordinance includes an FAR bonus of up to 416,250 square feet.
2. Infrastructure analysis regarding potential impacts on traffic/mobility, parking, water,
sewer, resiliency, parks and open space. The applicant submitted the attached analysis
prepared by Schwebke, Shiskin & Associates, which addresses water, sewer, and fire flow
requirements. Additionally, the attached traffic and parking impact statement for the
proposed development was prepared by Kimley Horn. As it pertains to parks and open
space, a preliminary analysis indicates that the addition of 140 residential units would
result in a deficiency in basketball courts and tennis/pickleball courts. This will require the
payment of concurrency mitigation fees at the time of building permit.
3. Massing Studies. The attached maps and massing studies illustrate the volume and
location of the area associated with the proposed FAR increase.
4. Although not technically required, the applicant has also provided the attached Economic
Impact Analysis, prepared by the Washington Economics Group.
As part of the initial Planning Board review of the application, the following concerns were noted
by staff and all have largely been addressed:
1. Reconstructed floor area. Staff previously noted inconsistencies with the plans submitted to
the Historic Preservation Board in 2013 for the redevelopment of the subject property,
including a new tower on the site, which indicated that the existing Deauville Hotel structure
contained approximately 309,000 square feet of floor area. This issue has largely been
addressed in the current submittal; however detailed FAR drawings will be required as part of
the building permit review process in order to fully substantiate the prior FAR for the site.
2.Massing Studies. The original massing study provided was inadequate, as it only included
one basic site diagram, along with one axonometric drawing with ‘ghosted’ towers. More
detailed floor plans, a section drawing, and various renderings have now been provided.
3. Exemption from long frontage standards. Previously the applicant requested full exemption
from the requirements of the long frontage standards, with no explanation as to why
compliance cannot be achieved. As these frontage standards are required to ensure the long-
term resiliency of the site staff was concerned with a blanket waiver without adequate
supporting documentation. The ordinance has been revised to include more specific language
relative to the waivers, including for the required circulation zone. Waivers from the Resiliency
Standards may also be sought from the Historic Preservation Board (HPB).
4. Deauville Reconstruction. As noted above, only the pedestal is now considered as a partial
reconstruction, and due to changes to the overall design and massing of the hotel tower,
including a substantial increase in the rear setback, the hotel tower is no longer considered
as a partial reconstruction, and will be a re-interpretation of the original design. To date, the
applicant has not provided a revised design for this re-interpreted hotel tower. However,
approval of all new construction at the site will be subject to the approval of the HPB at a
future date.
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. A separate, companion ordinance is
proposed for the required comprehensive plan amendments
Summary
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The Administration is supportive of the proposed amendments to the Comprehensive Plan and
LDRs, as they should facilitate the much-needed re-development of one of the most iconic
oceanfront properties in North Beach. To ensure that the future development proposal is
consistent with the vision of the developer, as proposed, and to clarify that the expanded
development regulations, including the proposed FAR and height bonuses, are predicated upon
the partial reconstruction of the former Deauville Hotel, the following additional amendments to
the LDR ordinance are recommended:
Sec. 7.3.11 – Development Regulations for the North Beach Oceanfront Overlay
* * *
b. Development Regulations.
Notwithstanding the development regulations contained in Section 7.2.6, the following regulations
shall govern proposed development within the boundaries of this overlay district. These
regulations, including, but not limited to bonus FAR and bonus building height, shall require the
partial reconstruction of a previously existing contributing building, as determined by the Historic
Preservation Board. and in In the event of any conflict between the overlay regulations and the
requirements of Resiliency Code, these regulations shall control:
* * *
11. Maximum floor plate. All floors of the residential towers containing residential units shall have
a maximum floor plate, exclusive of projections, unenclosed balconies, of 9,500 square feet, per
floor.
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 was received
from the workshop 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
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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. The ordinance shall be revised for Second Reading, with the following amendments:
Sec. 7.3.11 – Development Regulations for the North Beach Oceanfront Overlay
* * *
b. Development Regulations.
Notwithstanding the development regulations contained in Section 7.2.6, the following
regulations shall govern proposed development within the boundaries of this overlay district.
These regulations, including, but not limited to bonus FAR and bonus building height,
shall require the partial reconstruction of a previously existing contributing building,
as determined by the Historic Preservation Board. and in In the event of any conflict
between the overlay regulations and the requirements of Resiliency Code, these regulations
shall control:
* * *
11. Maximum floor plate. All floors of the residential towers containing residential units
shall have a maximum floor plate, exclusive of projections, unenclosed balconies, of
9,500 square feet, per floor.
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)
Private Applicant
Co-sponsor(s)
Condensed Title
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5:02 p.m. 1st Rdg PH, North Beach Oceanfront Overlay - LDR Amendment. (Priv App) PL 5/7
Previous Action (For City Clerk Use Only)
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