BIE - 40th Street Overlay - LDR Amendments (9/24/2025)TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE:October 29, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
40TH STREET OVERLAY 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
-1, RS-2, RS-3, RS-4
TH
TUTION
USES INCLUDING ASSOCIATED DORMITORIES; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
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
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Business Impact Estimate
Page 2
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 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 A
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 17, 2025 9:15 a.m. First Reading Public Hearing**
TITLE: 40TH STREET OVERLAY – 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, ENTITLED “ZONING DISTRICTS
AND REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,”
SECTION 7.2.2, ENTITLED “RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY
RESIDENTIAL DISTRICTS,” AT SUBSECTION 7.2.2.6, ENTITLED “40TH STREET
OVERLAY (RS)”, TO AMEND THE REGULATIONS FOR RELIGIOUS INSTITUTION
USES INCLUDING ASSOCIATED DORMITORIES; 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 October
29, 2025.
BACKGROUND/HISTORY
On May 15, 2024, at the request of Mayor Steven Meiner, the City Commission referred a
discussion (C4 AS) regarding potential amendments to the 40th Street overlay to the Land Use
and Sustainability Committee (LUSC). On June 10, 2024, the LUSC discussed and continued the
item to the September 5, 2024, LUSC meeting with direction for staff to meet with the project
architect and for a draft ordinance to be prepared, subject to the approval of the item sponsor.
On September 5, 2024, the item was deferred to the October 10, 2024, LUSC meeting, with no
discussion. The October 10, 2024, LUSC meeting was rescheduled to October 14, 2024, where
the item was deferred to the November 25, 2024, LUSC meeting, with no discussion. Additionally,
to ensure adequate public outreach, a community workshop with affected residents and
homeowner organizations took place on November 19, 2024, at which time area residents were
able to further discuss the proposal. On November 25, 2024, the item was deferred to a future
date, with no discussion.
On June 10, 2025, the LUSC discussed the proposed draft ordinance and recommended that the
City Commission refer an amendment to the Land Development Regulations of the City Code
(LDRs) to the Planning Board, in accordance with the recommendations in the LUSC
memorandum, and the following additional changes:
1. Clarify that roof-top access and uses will not be permitted.
2. Clarify that the expanded regulations shall only be applicable to sites that contain at least two
platted lots.
3. Include a limit on the number of beds proposed for the dormitory units.
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Since the LDR amendments currently authorize dormitories as part of a conditional use, it was
determined that a comprehensive plan amendment is not required.
On July 23, 2025, at the request of Mayor Steven Meiner, the City Commission referred the
ordinance to the Planning Board (C4 A).
ANALYSIS
Background
The 40th Street overlay, which was established in 2010, applies to religious institutions in the
Residential Single Family (RS) district that is located on the south side of 40th Street between
Chase Avenue to the west and Pine Tree Drive to the east (see attached map). The overlay allows
pedestrian-friendly religious institutional uses, through the conditional use permit process, at
eligible properties. The intent of the overlay has been to serve the surrounding residential uses,
and any future expansion of the district is only permitted by amending the overlay regulations.
Proposed Ordinance
The attached draft ordinance proposes amendments the LDRs that are specific to the 40th Street
Overlay. The following is a summary of the modifications proposed for the overlay:
• The introduction of dormitory and standalone school as an allowable use. The total number
of dormitories would not exceed four (4) dormitory units per platted lot and each dormitory unit
would have a limit of up to four (4) beds.
• A requirement for Design Review Board (DRB) approval for sites containing 2 or more platted
lots.
• The maximum unit size has been increased from 50% to 100%.
• The maximum lot coverage for a home exceeding 2 stories has been increased from 30% to
50%.
• Covered stairs and walkways would be exempt from unit size and lot coverage calculations.
• The minimum front setback has been reduced from 30 feet to 20 feet.
• The minimum street side setback has been reduced from 10 feet to 5 feet.
• The maximum number of stories has been increased from 2 stories to 3 stories.
• The maximum building height has been increased for flat roof structures from 24 feet to 36
feet and for sloped roof structures from 27 feet to 39 feet.
• The open space and extended setback requirements for homes exceeding 2 stories would
not apply to projects in the 40th Street Overlay.
• The limitation of two (2) contiguous lots has been expanded allow up to three (3) contiguous
lots to be aggregated 40th Street overlay.
• Roof-top access and uses on the roof would not be permitted.
Summary
The proposed amendments to the LDRs would allow for new construction and the expansion of
existing homes located within the overlay, both in terms of permitted uses, as well as the height
and intensity of the structures. The subject overlay is a transitional area from the more intense
commercial properties to the north of 40th Street, and the established single-family homes
immediately south of the overlay boundaries.
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Similar transition areas in the city typically have either Residential Office (RO) or Low Intensity
Multi-Family (RM-1) zoning as an interface between single family districts and more intense
commercial districts. In this regard, the increased height and intensity proposed in the LDR
amendment would not be inconsistent with the regulations in the RM-1 district. Additionally, both
DRB and Planning Board approval would be required for new developments.
The RS development regulations applicable to the existing transitional overlay, which have been
in place since 2010, are sensitive to and compatible with the established single-family homes to
the immediate south. Although transient uses are generally not permitted in the RM-1 and RO
districts, the limited number of dormitories proposed is not expected to adversely impact the
surrounding area, as they would need to be connected to religious institution uses in the overlay.
PLANNING BOARD REVIEW
On September 9, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0). Additionally, the
Planning Board recommended that all future projects in the overlay be subject to the approval of
the Design Review Board (DRB) and Planning Board.
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 October 29, 2025.
Applicable Area
Mid 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? Yes
If so, specify the name of lobbyist(s) and principal(s): Rabbi Shlomo Stilerman
Department
Planning
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Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Condensed Title
9:15 a.m. 1st Rdg PH, 40th Street Overlay - LDR Amendments. (Meiner) PL 5/7
Previous Action (For City Clerk Use Only)
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