BIE - SCHOOL USE INCENTIVES - LDR (6/27/2025)
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: July 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
SCHOOL USE INCENTIVES – LDR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 2,
ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE V, ENTITLED
“REZONINGS AND DEVELOPMENT APPROVALS,” SECTION 2.5.3 ENTITLED “DESIGN
REVIEW,” SUBSECTION 2.5.3.3, ENTITLED “ADMINISTRATIVE DESIGN REVIEW,” TO
EXTEND THE PLANNING DIRECTOR’S AUTHORTY TO REVIEW ELIGIBLE EDUCATIONAL
FACILITIES; AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES,” ARTICLE XIII, ENTITLED “HISTORIC PRESERVATION,” SECTION 2.13.7,
ENTITLED “ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION,” SUBSECTION C,
ENTITLED “REVIEW PROCEDURE,” TO EXPAND ADMINISTRATIVE REVIEW AUTHORITY
FOR SCHOOL DEVELOPMENT; AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION
AND REVIEW PROCEDURES,” ARTICLE VII, ENTITLED “COMMISSION WARRANT,”
SECTION 2.7.1, ENTITLED “REVIEW PROCEDURE,” TO ALLOW FAR WARRANT REQUESTS
FOR SCHOOL DEVELOPMENT; AMENDING CHAPTER 5, ENTITLED “OFF-STREET
PARKING,” ARTICLE II, ENTITLED “VEHICLE PARKING, BICYCLE PARKING AND OFF-
STREET LOADING REQUIREMENTS,” SECTION 5.2.4, ENTITLED “VEHICLE OFF-STREET
PARKING REQUIREMENTS,” TO ELIMINATE THE PARKING REQUIREMENT FOR SCHOOL
USES IN PARKING TIER 1; AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND
REGULATIONS,” ARTICLE I, ENTITLED “GENERAL TO ALL ZONING DISTRICTS,” BY
CREATING SECTION 7.1.12, ENTITLED “SCHOOL USE INCENTIVES,” TO ESTABLISH NEW
ZONING INCENTIVES (INCLUDING, WITHOUT LIMITATION, FLOOR AREA RATIO) SPECIFIC
TO PROPERTIES PROPOSED TO BE DEVELOPED WITH A SCHOOL USE; AMENDING
CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, ENTITLED
“DISTRICT REGULATIONS,” BY AMENDING SECTION 7.2.4, ENTITLED “RM-1 RESIDENTIAL
MULTIFAMILY LOW INTENSITY,” AT SUBSECTION 7.2.4.2, ENTITLED “USES (RM-1),” AND
BY AMENDING SECTION 7.2.5, ENTITLED “RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY,” AT SUBSECTION 7.2.5.2, ENTITLED “USES (RM-2),” AND BY AMENDING
SECTION 7.2.6, ENTITLED “RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,” AT
SUBSECTION 7.2.6.2, ENTITLED “USES (RM-3),” AND BY AMENDING SECTION 7.2.10,
ENTITLED “CD-1 COMMERCIAL, LOW INTENSITY DISTRICT,” AT SUBSECTION 7.2.10.2,
ENTITLED “USES (CD-1),” AND BY AMENDING SECTION 7.2.11, ENTITLED “CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT,” AT SUBSECTION 7.2.11.2, ENTITLED
“USES (CD-2),” AND BY AMENDING SECTION 7.2.12, ENTITLED “CD-3 COMMERCIAL, HIGH
INTENSITY DISTRICT,” AT SUBSECTION 7.2.12.2, ENTITLED “USES (CD-3),” AND BY
AMENDING SECTION 7.2.14, ENTITLED “NORTH BEACH TOWN CENTER-CORE DISTRICT
(TC),” AT SUBSECTION 7.2.14.2, ENTITLED “USES (TC-1, TC-2),” AND BY AMENDING
SUBSECTION 7.2.14.3, ENTITLED ‘USES (TC-3),” AND BY AMENDING SUBSECTION
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Business Impact Estimate
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7.2.14.6, ENTITLED “TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT,” AND BY
AMENDING SECTION 7.2.15, ENTITLED “PERFORMANCE STANDARD DISTRICT (PS),” AT
SUBSECTION 7.2.15.2, ENTITLED “RESIDENTIAL PERFORMANCE STANDARDS
DISTRICTS (R-PS),” AND BY AMENDING SUBSECTION 7.2.15.3, ENTITLED “COMMERCIAL
PERFORMANCE STANDARDS DISTRICTS (C-PS),” AND BY AMENDING SECTION 7.2.18,
ENTITLED “SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT,” AT SUBSECTION
7.2.18.2, ENTITLED “USES (SPE),” TO REFERENCE THE SCHOOL USE INCENTIVES
ESTABLISHED UNDER SECTION 7.1.12 AND CONFORM THE REGULATIONS FOR EACH
RESPECTIVE ZONING DISTRICT TO REFLECT THE INCENTIVES; 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;
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.
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Business Impact Estimate
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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 AG
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 2:31 p.m. First Reading Public Hearing
TITLE:SCHOOL USE INCENTIVES – LDR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE,
BY AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES”, ARTICLE V ENTITLED “REZONINGS AND DEVELOPMENT
APPROVALS”, SECTION 2.5.3 ENTITLED “DESIGN REVIEW”, SUBSECTION
2.5.3.3 ENTITLED “ADMINISTRATIVE DESIGN REVIEW”; CHAPTER 2 ENTITLED
“ADMINISTRATION AND REVIEW PROCEDURES”, AND BY AMENDING
ARTICLE XIII ENTITLED “HISTORIC PRESERVATION”, SECTION 2.13.7
ENTITLED “ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/
CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR
DEMOLITION”, SUBSECTION C ENTITLED “REVIEW PROCEDURE” TO EXPAND
ADMINISTRATIVE REVIEW AUTHORITY FOR SCHOOL DEVELOPMENT; BY
AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES”, ARTICLE VII ENTITLED “COMMISSION WARRANT” TO
SECTION 2.7.1 ENTITLED “REVIEW PROCEDURE” TO ALLOW FAR WARRANT
REQUESTS FOR SCHOOL DEVELOPMENT; BY AMENDING CHAPTER 5,
ENTITLED “OFF-STREET PARKING,” ARTICLE II, ENTITLED “VEHICLE
PARKING, BICYCLE PARKING AND OFF-STREET LOADING REQUIREMENTS,”
AT SECTION 5.2.4, ENTITLED “VEHICLE OFF-STREET PARKING
REQUIREMENTS,” BY AMENDING THE PARKING REQUIREMENTS IN PARKING
TIER 1 TO ELIMINATE THE PARKING REQUIREMENT FOR SCHOOL USE; BY
CHAPTER 7, ENTITLED “ZONING DISTRICT REGULATIONS,” ARTICLE I,
ENTITLED “GENERAL TO ALL ZONING DISTRICTS,” BY CREATING SECTION
7.1.12, ENTITLED “SCHOOL USE INCENTIVES,” TO ESTABLISH NEW ZONING
INCENTIVES (INCLUDING, WITHOUT LIMITATION, FLOOR AREA RATIO)
SPECIFIC TO PROPERTIES PROPOSED TO BE DEVELOPED WITH A SCHOOL
USE, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND
REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” BY
AMENDING SECTION 7.2.4, ENTITLED “RM-1 RESIDENTIAL MULTIFAMILY LOW
INTENSITY,” AT SUBSECTION 7.2.4.2, ENTITLED “USES (RM-1),” AND BY
AMENDING SECTION 7.2.5, ENTITLED “RM-2 RESIDENTIAL MULTIFAMILY,
MEDIUM INTENSITY,” AT SUBSECTION 7.2.5.2, ENTITLED “USES (RM-2),” AND
BY AMENDING SECTION 7.2.6, ENTITLED “RM-3 RESIDENTIAL MULTIFAMILY,
HIGH INTENSITY,” AT SUBSECTION 7.2.6.2, ENTITLED “USES (RM-3),” AND BY
AMENDING SECTION 7.2.10, ENTITLED “CD-1 COMMERCIAL, LOW INTENSITY
DISTRICT,” AT SUBSECTION 7.2.10.2, ENTITLED “USES (CD-1),” AND BY
AMENDING SECTION 7.2.11, ENTITLED “CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT,” AT SUBSECTION 7.2.11.2, ENTITLED “USES (CD-2),”
AND BY AMENDING SECTION 7.2.12, ENTITLED “CD-3 COMMERCIAL, HIGH
INTENSITY DISTRICT,” AT SUBSECTION 7.2.12.2, ENTITLED “USES (CD-3),”
AND BY AMENDING SECTION 7.2.14, ENTITLED “NORTH BEACH TOWN
CENTER-CORE DISTRICT (TC),” AT SUBSECTION 7.2.14.2, ENTITLED “USES
(TC-1, TC-2),” AND BY AMENDING SUBSECTION 7.2.14.3, ENTITLED ‘USES (TC-
3),” AND BY AMENDING SUBSECTION 7.2.14.6, ENTITLED “TOWN CENTER-
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CENTRAL CORE (TC-C) DISTRICT,” AND BY AMENDING SECTION 7.2.15,
ENTITLED “PERFORMANCE STANDARD DISTRICT (PS),” AT SUBSECTION
7.2.15.2, ENTITLED “RESIDENTIAL PERFORMANCE STANDARDS DISTRICTS
(R-PS),” AND BY AMENDING SUBSECTION 7.2.15.3, ENTITLED “COMMERCIAL
PERFORMANCE STANDARDS DISTRICTS (C-PS),” AND BY AMENDING
SECTION 7.2.18, ENTITLED “SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL
DISTRICT,” AT SUBSECTION 7.2.18.2, ENTITLED “USES (SPE)” BY
REFERENCING THE SCHOOL USE INCENTIVES ESTABLISHED UNDER
SECTION 7.1.12, AND CONFORMING THE REGULATIONS FOR EACH
RESPECTIVE ZONING DISTRICT TO REFLECT THE INCENTIVES 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 July
23, 2025.
BACKGROUND/HISTORY
On April 3, 2024, at the request of Commissioner Alex Fernandez, the City Commission referred
a discussion item pertaining to incentives for school and educational facilities (C4 F) to the Land
Use and Sustainability Committee (LUSC). On May 1, 2024, the item was deferred to the June
10, 2024, LUSC meeting, with no discussion. On June 10, 2024, the item was deferred to the July
9, 2024, LUSC meeting, with no discussion. On July 9, 2024, the item was deferred to a future
LUSC meeting date, with no discussion.
On October 14, 2024, the LUSC discussed and continued the item to the November 25, 2024
meeting, with direction to staff to explore more robust zoning incentives, including administrative
level review of future education uses, as well as potential increases in building height and
intensity. Additionally, Commissioner David Suarez became a co-sponsor of the proposal.
On November 25, 2024, the item was deferred to the January 16, 2025, LUSC meeting, with no
discussion. On January 16, 2025, the LUSC recommended that the City Commission refer an
amendment to the Land Development Regulation of the City Code (LDRs) to the Planning Board,
in accordance with the recommendations in the LUSC memorandum.
On March 19, 2025, at the request of Commissioners Alex Fernandez and David Suarez, the City
Commission referred the attached ordinance to the Planning Board (C4 G).
ANALYSIS
Currently, schools and education uses are permitted as a conditional use in all multi-family and
commercial districts within the city. In response to the recommendation of the LUSC, amendments
to the Land Development Regulations of the City Code (LDRs) and the Comprehensive Plan are
proposed, which create tangible land use incentives for educational uses. The following is a
general summary of the proposed incentives:
1. New construction of eligible educational facilities would be subject to staff level review up to
the following maximum thresholds for intensity and height:
a. New construction may not exceed 25,000 square feet of new floor area or the maximum
allowable floor area within the underlying zoning or overlay district, whichever is less.
b. The maximum building height may not exceed 50’-0” in height or the maximum allowable
height within the underlying zoning or overlay district, whichever is less.
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Any facility exceeding this threshold would require Historic Preservation Board (HPB) or
Design Review Board (DRB) approval, as applicable.
NOTE: A certificate of appropriates from the HPB will still be required for the demolition of any
building located within a local historic district.
2. Eligible educational facilities may request a Commission Warrant for an increase in allowable
intensity (FAR) by up to 10 percent, not to exceed a total of 5,000 additional square feet.
NOTE: This threshold is consistent with the exemption’s standard in the FAR increase process
requirements set forth in Section 7.1.10 of the LDRs.
3. Eligible educational facilities may request a Commission Warrant for up to a 50% reduction in
minimum setbacks, open space, and lot coverage.
4. In commercial and high intensity zoning districts, conditional use approval would not be
required for eligible educational facilities that do not exceed 50,000 square feet.
5. Eligible education facilities will have no minimum off-street parking requirement. This would
not prohibit schools from providing off-street parking, if so desired.
The proposed ordinances introduce targeted land use incentives to support the development of
educational facilities by streamlining approvals, increasing flexibility, and reducing regulatory
barriers. They are designed to encourage investment in education and facilitate the timely
development of schools in appropriate urban locations while preserving essential oversight and
compatibility with surrounding neighborhoods.
FAR PROCEDURES
Since the attached ordinance includes provisions to increase maximum allowable floor area, final
approval by the City Commission requires a 6/7 affirmative vote. Additionally, in accordance with
Section 7.1.10.5 of the LDRs, as part of the referral of the ordinance to the Planning Board on
March 19, 2025, the City Commission waived the requirement for an expanded FAR review
process, as more specifically described hereto:
7.1.10.5 Exceptions
The City Commission, by an affirmative five-sevenths vote, may waive the requirements set forth
in sections 7.1.10.1, 7.1.10.2, 7.1.10.3, and 7.1.10.4 for the following types of amendments:
a. An FAR increase or modification to a floor area exception resulting in an increase in floor
area that is no more than 10% of the allowable floor area for an individual property or site.
not to exceed a total of 5,000 additional square feet of floor area per property or site.
b. A modification to a floor area exception that applies citywide and would not result in a
substantial increase in allowable floor area, as determined by the City Commission at the
City Commission's sole discretion.
If the City Commission waives the requirements set forth in sections 7.1.10.1, 7.1.10.2, 7.1.10.3,
and 7.1.10.4 the amendment shall otherwise be subject to the applicable notice and amendment
provisions in chapter 2, article IV of the Land Development Regulations.
The proposed increase in FAR in the draft ordinance does not exceed the threshold for the
exception in Section 7.1.10.5.a above.
The proposal requires an amendment to the Comprehensive Plan for the proposed increase in
Intensity. A separate companion ordinance amending the Comprehensive Plan is also proposed.
PLANNING BOARD REVIEW
On May 6, 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
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also recommended that the current process for the conditional use approval of educational
facilities remain in all zoning districts.
FISCAL IMPACT STATEMENT
No Fiscal 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 that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for July 23, 2025.
Applicable Area
Citywide
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 Alex Fernandez
Co-sponsor(s)
Commissioner David Suarez
Condensed Title
2:31 p.m. 1st Rdg PH, School Use Incentives - LDR Amendments. (Fernandez/Suarez) PL
Previous Action (For City Clerk Use Only)
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