BIE - SCHOOL USE INCENTIVES – COMPREHENSIVE PLAN (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 – 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 EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3),
FLORIDA STATUTES, BY AMENDING THE “RESILIENT LAND USE & DEVELOPMENT
ELEMENT,” GOAL RLU 1, ENTITLED “LAND USE,” OBJECTIVE RLU 1.1, ENTITLED
“ESTABLISHMENT OF FUTURE LAND USE CATEGORIES,” AT TABLE RLU 1.1 TO PROVIDE
FLOOR AREA RATIO (F.A.R.) INCENTIVES THROUGH THE CITY COMMISSION WARRANT
REVIEW PROCESS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
TRANSMITTAL 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 AF
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 2:30 p.m. First Reading Public Hearing
TITLE:SCHOOL USE INCENTIVES – 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 EXPEDITED STATE REVIEW
PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE
“RESILIENT LAND USE & DEVELOPMENT ELEMENT,” GOAL RLU 1, ENTITLED
“LAND USE,” OBJECTIVE RLU 1.1, ENTITLED “ESTABLISHMENT OF FUTURE
LAND USE CATEGORIES,” AT TABLE RLU 1.1 TO PROVIDE FLOOR AREA
RATIO (F.A.R.) INCENTIVES THROUGH THE CITY COMMISSION WARRANT
REVIEW PROCESS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, TRANSMITTAL 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
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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.
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.
COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS
The proposal requires an amendment to the Comprehensive Plan for the incentives that include
an increase in intensity. In this regard, the following text is proposed as part of Table RLU 1.1:
NOTE: Pursuant to the warrant procedures set forth in the Land Development Regulations, the
City Commission may increase the maximum intensity in all of the districts above by up to 10%,
not to exceed a total of 5,000 additional square feet.
Under Section 163.3184(2), Florida Statutes, the attached amendment shall follow the expedited
state review process for adoption of comprehensive plan amendments. This process requires a
public hearing by the local planning agency (Planning Board), a public transmittal hearing before
the City Commission, after which the amendment must be transmitted to several state agencies
for a 30-day review period, and a final adoption public hearing before the City Commission. The
amendment is effective 31-days after it is adopted if there are no appeals.
PLANNING BOARD REVIEW
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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
also recommended that the warrant incentives for increased intensity proposed in the
Comprehensive Plan amendment be limited to educational facilities.
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
2:30 p.m. 1st Rdg PH, School Use Incentives-Comprehensive Plan Amendment. (AF/DS) PL
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Previous Action (For City Clerk Use Only)
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