Ordinance 2025-4771 School Use Incentives - LDR Amendments
ORDINANCE NO. 2025-4771
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 BYAMENDING 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-CENTRAL CORE (TC-C) DISTRICT," AND BY AMENDING SECTION
Page 1 of 11
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.
WHEREAS, schools and educational facilities are currently permitted as conditional uses
in all multi-family and commercial zoning districts within the City; and
WHEREAS, in response to recommendations from the Land Use and Sustainability
Committee (LUSC), land use incentives aimed at encouraging and facilitating the development of
educational facilities have been developed; and
WHEREAS, the proposed ordinance streamlines the approval process for new
educational facilities by allowing staff-level review for projects up to specified thresholds for floor
area and height, while preserving review authority for larger developments through the Historic
Preservation Board or Design Review Board as applicable; and
WHEREAS, the proposed ordinance provides eligible educational facilities with the
opportunity to request a Commission Warrant for modest increases in floor area, reductions in
setbacks and open space requirements, and exemption from minimum off-street parking
standards, thus increasing flexibility and reducing barriers to educational development; and
WHEREAS, the City Commission finds that these land use incentives will promote access
to educational opportunities, improve the efficiency of the development process, and align with
the City's planning and sustainability goals.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 2, entitled "Administration and Review Procedures", Article V, entitled
"Rezonings and Development Approvals", Section 2.5.3, entitled "Design Review", is hereby
amended as follows:
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE V. Rezonings and Development Approvals
* * *
2.5.3 Design Review
� * *
2.5.3.3 Administrative design review
Page 2 of 11
* � ,�
a. The planning director shall have the authority to approve, approve with conditions, or deny
an application on behalf of the board, for the following:
� * *
12. New construction of eliqible educational facilities pursuant to section 7.1.12
that do not exceed 25,000 square feet of floor area and do not exceed 50'-0"
in heiqht.
SECTION 2. 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", is hereby amended as follows:
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE XIII. Historic Preservation
* * *
2.13.7 Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of
Appropriateness for Demolition
* * *
(c) Review procedure
� * *
4. Notwithstanding subsections 2.13.7(c)(1) through (3) above, all applications for
certificates of appropriateness involving minor repairs, demolition, alterations and
improvements (as defined below and by additional design guidelines to be adopted by the
board in consultation with the planning director)shall be reviewed by the staff of the board.
The staff shall approve, approve with conditions, or deny a certificate of appropriateness
or a certificate to dig after the date of receipt of a completed application. For purposes of
this paragraph, the application requirement of certificate of appropriateness review shall
be satisfied by the submission of a corresponding building permit application, or such other
permit application form required by the planning department. Such minor repairs,
alterations and improvements include the following:
* * *
G. New construction of eliqible educational facilities pursuant to section 7.1.12 that
does not exceed 25,000 square feet of floor area and does not exceed 50'-0" in
heiaht.
Page 3 of 11
SECTION 3. Chapter 2, entitled "Administration and Review Procedures", Article VII, entitled
"Commission Warrant", is hereby amended as follows:
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE VII. Commission Warrant
* * ,�
2.7.1 Procedures.
The city commission may grant a warrant from the application of these land development
regulations to a specific development project, where the warrant improves the design of the
project but does not (i) increase its floor area ratio or density from that allowed by these land
development regulations, except as provided for in Section 2.7.1(c); (ii) allow a use not otherwise
allowed by these land development regulations; or(iii)modify by more than 25 percent the building
bulk requirements of the land development regulations, except as provided for in Section 2.7.1(c).
* * *
c. Eliqible educational facilities pursuant to section 7.1.12 may request a commission warrant in
accordance with 2.7.1(a) and (b), for the following,
1. To exceed the maximum allowable FAR within the underlyinq zoninq district or overlay district
bv up to 10 percent, not to exceed a total of 5,000 additional square feet.
2. To reduce the required setbacks, open space and lot coveraqe requirements within the
underlvinq zoninq district or overlay district by 50 percent.
SECTION 3. Chapter 5, entitled "Off-Street Parking", Article II, entitled "Vehicle Parking, Bicycle
Parking and Off-Street Loading Requirements", is hereby amended as follows:
CHAPTER 5
OFF-STREET PARKING
* * *
ARTICLE II. VEHICLE PARKING, BICYCLE PARKING AND OFF-STREET LOADING
REQUIREMENTS
* * *
5.2.4 VEHICLE OFF-STREET PARKING REQUIREMENTS
* * *
5.2.4.1 Parking Tier 1
a. Off-street parking requirements for parking tier 1
* * *
Page 4 of 11
EDUCATIONAL
College
, . None
High school
, . None
unior high, elementary. nursery ,
chool,pre-schoo/or daycare . None
SECTION 4. Chapter 7, entitled "Zoning Districts and Regulations", is hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
ARTICLE I. GENERAL TO ALL ZONING DISTRICTS
* * *
7.1.12 SCHOOL USE INCENTIVES
Where authorized in the underlvinq zoninq district or overlay district, the followinq incentives shall
be applicable to school developments, includinq colleqes, elementary schools, hiqh schools,
kinderqarten schools, middle schools, pre-schools, or universities, that are public schools or are
desiqnated bv the Internal Revenue Service as tax-exempt pursuant to section 501(c)(3) of the
Internal Revenue Code.
a. Eligible develoqment shall be limited to educational facilities located south of 63�a
— St eet
b. Eliqible educational facilities shall have no minimum off-street parkinq reauirement. Such
facilities may, however, provide off-street parkinq without such parkinq countinq as
allowable floor area.
c. Eliqible educational facilities mav request a Commission Warrant pursuant to section 2.7.1
to exceed the maximum allowable FAR within the underlving zoninq district or overlay
district bv up to 10 percent, not to exceed a total of 5,000 additional square feet.
d. Eliqible educational facilities mav request a Commission Warrant pursuant to section 2.7.1
to reduce the required setbacks, open space, and lot coveraqe requirements within the
underlvinq zoninq district or overlay district bv 50 percent.
e. Eliqible educational facilities located within commercial and hiqh intensitv zoninq districts
shall not require a conditional use permit.
f. The followinq shall applv to eliqible educational facilities that do not exceed 25,000 sauare
feet of floor area or the maximum allowable floor area within the underlyinq zoninq or
Page 5 of 11
overlav district, whichever is less, and do not exceed 50'-0" in heiqht or the maximum
allowable heiqht within the underlvinq zoninq or overlav district, whichever is less:
1. For properties not located within a local historic district, mandatory Desiqn Review
Board approval for the desiqn of eliqible educational facilities shall not be required.
2. For properties located within a local historic district, mandatory Historic
Preservation Board aqproval for the design of eliqible educational facilities shall
not be reauired. This provision shall not apply to any proposed demolition
associated with the development of an eliqible educational facilitv.
* * *
ARTICLE II: DISTRICT REGULATIONS
* * *
7.2.4 RM-1 RESIDENTIAL MULTIFAMILY, LOW INTENSITY
* * *
7.2.4.2 Uses (RM-1)
* * *
b. Supplemental Conditional Uses Regulations (RM-1)
* * *
4. Qualifyinq educational facilities shall be eliqible for the School Use Incentives as identified
in section 7.1.12 of these land development requlations.
* ,� �
7.2.5 RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY
* � *
7.2.5.2 Uses (RM-2)
* * *
b. Supplemental Conditional Uses Regulations (RM-2)
* * *
6. Qualifyinq educational facilities shall be eliqible for the School Use Incentives as identified
in section 7.1.12 of these land development requlations.
* * *
7.2.6 RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY
* * *
Page 6 of 11
7.2.6.2 Uses (RM-3)
EDUCATIONAL
Day Care Facility C
Schools C P"
Family Day Care Facility A'
* * �
a. Supplemental Main Permitted uses Regulations (RM-3)
� � *
2. Qualifvinq educational facilities shall be eliaible for the School Use Incentives as identified
in section 7.1.12 of these land development requlations.
* * *
7.2.10 CD-1 COMMERCIAL, LOW INTENSITY DISTRICT
* ,� *
7.2.10.2 Uses (CD-1)
EDUCATIONAL
Schools C P"
Day Care Facility C
Family Day Care Facility A'
* * *
a. Supplemental Main Permitted Uses Regulations (CD-1)
* * *
4. Qualifvinq educational facilities shall be eliqible for the School Use
Incentives as identified in section 7.1.12 of these land development
requlations.
* * ,�
7.2.11 CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* � *
Page7of11
7.2.11.2 Uses (CD-2)
EDUCATIONAL
Schools C P'
Family Day Care Facility A'
* * *
a. Supplemental Main Permitted uses Regulations (CD-2)
* * *
5. Qualifvinq educational facilities shall be eliqible for the School Use Incentives as identified
in section 7.1.12 of these land development requlations.
* * *
7.2.12 CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
* * *
7.2.12.2 Uses (CD-3)
EDUCATIONAL
Schools C P'
Major Cultural Dormitory Facilities C'
Family Day Care A'
* * �
a. Supplemental Main Permitted Uses Regulations (CD-3)
* * *
7. Qualifvinq educational facilities shall be eliqible for the School Use Incentives as identified
in section 7.1.12 of these land development reaulations.
* * *
7.2.14 NORTH BEACH TOWN CENTER-CORE DISTRICT (TC)
* * *
Page 8 of 11
7.2.14.2 Uses (TC-1, TC-2)
EDUCATIONAL
Schools C P`
Major Cultural Dormitory Facilities C'
* � ,�
a. Supplemental Main Permitted Uses Regulations (TC-1, TC-2)
� * �
5. Qualifyinq educational facilities shall be eliqible for the School Use Incentives as identified
in section 7.1.12 of these land development requlations.
* * *
7.2.14.3 Uses (TC-3)
EDUCATIONAL
Day Care Facility C
Schools C P'
� * *
a. Supplemental main permitted uses Regulations (TC-3)
A�e��1. Qualifvinq educational facilities shall be eliqible for the School Use Incentives as
identified in section 7.1.12 of these land development requlations.
* * *
7.2.14.6 Town Center-Central Core (TC-C) District
* ,� *
b. Uses (TC-C)
1. The main permitted, accessory, conditional and prohibited uses are as follows:
EDUCATIONAL
Day Care Facility C
Schools C P�
* * *
Page 9 of 11
2. Supplemental Use Regulations (TC-C)
A. The following supplemental regulations shall apply to specific uses in the TC-C
district:
* * *
X. Qualifvinq educational facilities shall be eliqible for the School Use Incentives
as identified in section 7.1.12 of these land development requlations.
* * *
7.2.15 Performance Standard District (PS)
* * *
7.2.15.2 Residential Performance Standards Districts (R-PS)
,� � �
b. Uses (R-PS)
Uses permitted by right, uses permitted by conditional use permit and uses not permitted.
* * *
EDUCATIONAL
Schools C
c. Supplemental Use Regulations (R-PS)
* � *
10. Qualifyinq educational facilities shall be eliqible for the School Use Incentives
as identified in section 7.1.12 of these land development requlations.
* * *
7.2.15.3 Commercial Performance Standards Districts (C-PS)
* * *
b. Uses (C-PS)
Uses permitted by right, uses permitted by conditional use permit and uses not permitted.
* ,� *
EDUCATIONAL
Schools C P*
c. Supplemental Use Regulations (R-PS)
* * *
Page 10 of 11
10. Qualifyinq educational facilities shall be eliqible for the School Use Incentives
as identified in section 7.1.12 of these land development reaulations.
* * *
7.2.18 SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT
* * *
7.2.18.2 Uses (SPE)
� * �
a. Supplemental Main Permitted Use Regulations (SPE)
* * *
2. Qualifvinq educational facilities shall be eliqible for the School Use Incentives
as identified in section 7.1.12 of these land development requlations.
� � *
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this �� day of S� ���r' , 2025
ATTEST: •
����� s��' ' � `�Ib?"
Steven Meiner, Mayor
Rafael E. Granado, City Clerk.
APPROVED AS TO FORM AND
First Reading: May 21, 2025 LANG AND FOR EXECUTION
Second Reading: September 17, 25
�19 I -�z�
Verified by: City Attorney �� Date
T omas R. Mooney, P
Planning Director ;_��,�����,,,,
:���,.:,:....... C ,
T:Wgenda�2025\09 September 17,2025\Planning\School Use Incentives-LDR-Second Reading ORD.docx =c' y�'�
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�ponsor�� bv C�ammi�sionerAlex J. Femandez 's '..IkCOR'�RAiED' �
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Co-Sponsored by Commissioner David Suarez Page 11 of 11 �;�4,`,�u„ ..,��=
Co�ponsored by Mayor Steven Meiner '' -�'.,.'-:'-��
Co-Sponsored by Commissioner Joseph Ma�gazine
Co-Sponsored by Commissioner Tanya fC Bhatt
Ordinances - R5 F
NIIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 17, 2025 9:31 a.m. Second 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 APPROPRIATFNESS FOR
DEMO�ITION", SUBSECTION C ENTITLED `REVIEW PROCEDUR�" 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 �OR 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-
452 of 1214
CENTRAL CORE (TGC) 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) adopt
the ordinance.
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, ihe City
Commission referred the attached ordinance to the Planning Board (C4 G).
ANALYSIS
�urrently, schools and education use^ are pe�mitted as a conditional use in all multi-family and
commercial districts within the ciry. In response to the recommendation of the LUSC, amendments
to the Land Development Regulations of the City Code (LDRsI 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
453 of 1214
height within the underlying zoning or overiay 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 ailowable
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. Eligib�e 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.
Th: proposed ordinances introduce targeted land use incentives to su��port the develo?ment 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 requiremenfs set forth
in sections 7.1.10.1, 7.1.10.2, 7.9.10.3, and 7.9.10.4 for the following fypes of amendments:
a. An FAR increase or modificafion fo 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 sife.
not to exceed a tota(of 5,000 additional square feet of floor area per property or site.
b. A modification to a floor area excention that applies citywide and woulc+ not result in a
substantial increase in allowable floor area, as determined by the City Commission at the
City Cornmission's sole discretion.
If the City Commission waives the requirements set forth in sections 7.9.90.1, 7.9.10.2, 7.1.10.3,
and 7.1.10.4 the amendmenf shall otherwise be subject to the applicable notice and amendment
provisions in chapter 2, artic/e 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.
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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
also recommended that the current process for the conditional use approval of educational
facilities remain in all zoning districts.
UPDATE
On May 13, 2025 the Historic Preservation Board (HPB) reviewed the subject ordinance and
transmitted a favorable recommendation to the Mayor and City Commission (4-0). The HPB also
recommended that the review of a certificate of appropriateness for the design of new school
buildings remain within the jurisdiction of the Board for all areas located within a local historic
district or local historic site.
On May 21, 2025, the City Commission approved the ordinance at First Reading, with no changes,
and scheduled a Second Reading public hearing for July 23, 2025. However, due to an oversight,
the companion ordinance amending the Comprehensive Plan was not transmitted to the
applicable review agencies within 10 days of approval, as required by the State. To ensure that
the Comprehensive Plan amendment is properly reviewed by all applicable review agencies, the
Comprehensive Plan ordinance was re-approved at a new First Reading on July 23, 2025.
For the LDF� amendments to be adopted concurrently with the companion amendme�ts to the
Comprehensive Plan, on July 23, 2025, the subject LDR ordinance was opened and continue to
a date certain of September 3, 2025. Additionally, the City Commission waived the annual zoning
cycle restric.,on for the subject LDR amendment, pu�suant to Section 2.3.2 of thE LDRs, to allow
the Second Reading public hearing to occur on September 3, 2025.
On September 3, 2025, the City Commission continued Second Reading of the ordinance to
September 17, 2025. Additionally, pursuant to the request of the sponsor, the ordinance has been
revised to exclude North Beach from the proposed incentives.
FISCAL IMPACT STATEMENT
No Fisca� Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 6/27/2025
See BIE at: https://www.miamibeachfl.qov/city-halllcitv-clerk/meetinq-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
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Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
Yes No
Was this Aqenda Item initiallv requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbyinq? 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
Mayor Steven Meiner
Commissioner Joseph Magazine
Commissiuner Tanya K. Bhatt
Condensed Title
9:;s1 a.m. 2nd Rdg, School Use Incentives-LDR Amendments. (AF/DS/SM/JM/TB) PL 5/7
Previous Action (For City Clerk Use Only)
Deferred on 9/3/2025 - R5 H
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