Ordinance 2025-4770 School Use Incentives — Comprehensive Plan Amendment
ORDINANCE NO. 2025-4770
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 8� 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.
WHEREAS, the City's 2040 Comprehensive Plan establishes maximum intensity
standards (FAR) for development within each future land use category in the City to ensure
compatible and sustainable growth; and
WHEREAS, there are certain circumstances in which a modest increase in intensity may
be appropriate and beneficial, particularly when it advances public policy goals such as expanding
access to education, promoting adaptive reuse, or supporting community-serving uses; and
WHEREAS, the City Commission seeks to provide a flexible but controlled mechanism by
which eligible projects may request a limited increase in allowable FAR of up to ten percent(10%),
not to exceed 5,000 square feet, through a Commission Warrant process; and
WHEREAS, the Commission Warrant process ensures case-by-case review, public
transparency, and the ability to impose conditions as necessary to ensure compatibility and
mitigate potential impacts; and
WHEREAS, the City Commission finds that enabling a limited FAR increase through a
Commission Warrant process will promote thoughtful development, provide appropriate flexibility,
and support community-serving projects while preserving the overall character and capacity of
zoning districts;
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendments to the City's 2040 Comprehensive Plan Resilient Land
Use & Development Element are hereby adopted:
RESILIENT LAND USE & DEVELOPMENT ELEMENT
* ., *
GOAL RLU 1: LAND USE
* w *
Page 1 of 3
OBJECTIVE RLU 1.1 Establishment of Future Land Use Categories
The City hereby adopts future land use map categories to provide for an efficient distribution and
compatible pattern of land uses, and to maintain and enhance the character of the community.
* * *
Table RLU 1.1
The following table is a reference guide that depicts the policy number, and maximum densities
and intensities for each future land use map (FLUM) category.
(* = Refer to policy for limits)
FLUM Category Density Limits Intensity Limits Reference
(Units Per Acre) (Floor Area (Policy#)
Ratio
Sin le Famil Residential RS 7 units er acre * RLU 1.1.1
Townhouse Residential TH 30 units er acre 0.7 RLU 1.1.2
Fisher Island Low Density Planned 25 units per acre 1.6 RLU 1.1.3
Residential RM-PRD
Allison Island Low Density Planned 25 units per acre 1.45 RLU 1.1.4
Residential Cate o RM-PRD-2
Low Density Multi Family 60 units per acre 1.25'` RLU 1.1.5
Residential RM-1
Medium Density Multi Family 100 units per *
Residential RM-2 acre 2•0 RLU 1.1.6
High Density Multi Family 150 units per *
Residential RM-3 acre 2.25 RLU 1.1.7
Medium-Low Density Residential 57 units per acre 1.25 RLU 1.1.22
Performance Standard R-PS-1
Medium Density Residential 70 units per acre 1.5 RLU 1.1.23
Performance Standard R-PS-2
Medium-High Density Residential g5 units per acre 1.75 RLU 1.1.24
Performance Standard R-PS-3
High Density Residential 102 units per *
Performance Standard R-PS-4 acre 2•0 RLU 1.1.25
Low Intensit Commercial CD-1 60 units er acre 1.0` RLU 1.1.8
Medium Intensity Commercial (CD- 100 units per 1.5* RLU 1.1.9
2 acre
High Intensity Commercial (CD-3) 150 units per 2 0* RLU 1.1.10
acre
Urban Li ht Industrial I-1 N/A 1.0 RLU 1.1.21
NOTE: Pursuant to the warrant procedures and for specific types of development as set forth in
the Land Development Requlations, the Citv Commission may increase the maximum intensitv
for school and other educational uses in all of the
districts identified above by up to 10% not to exceed a total of 5,000 additional square feet.
SECTION 2. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the Comprehensive
Plan of the City of Miami Beach, FL, and it is hereby ordained that the sections of this Ordinance
may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section," "article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 5. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate state,
regional, and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect until 31 days after the state land planning agency notifies the City
that the plan amendment package is complete following adoption, pursuant to Section 163.
3184(3), Florida Statutes.
PASSED and ADOPTED this /7 day of �Pi����'1UPr , 2025.
ATTEST: '
��.�, j � z�2�� Steven Meiner, Mayor
Rafael E. Granado _\�h�'�,�,�c,,,,,
City Clerk ==r^���' �S-,,,
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. '•.INCORP�ORATED` 's
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Verified by:
Thomas R. Mooney, P
Planning Director APPROVED AS TO
FORM AND LANGUAGE
& FO CUTION
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City ttorney �� Date
T:�Agenda�2025\08 September 3,2025\Planning\School Use Incentives-Comp Plan-Second Reading ORD UPDATED FDOT.docx
Sponsored by CommissionerAlex J. Femandez
Co-Sponsored by Commissioner David Suarez
CoSponsored by Mayor Steven Meiner
CoSponsored by Commissioner Joseph Magazine
CoSponsored by Commissioner Tanya K.Bhatt
Co-Sponsored by Commissioner Kristen Rosen Gonzalez
Ordinances - R5 E
MIA�/11BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 17, 2025 9:30 a.m. Second 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 TNROUGH THE CITY COMMISSION WARRANT
REVIEW PROCESS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, TRANSMtTTAL 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
discus�ion. On January 16, 2025, the LUSC recommended that the City Commission refer an
amendment to the Land Development f�egulation 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
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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 foilowing 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 arocess
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 far eligible educational facilities that d� 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 �rban 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 fhe warrant procedures set forth in the Land Development Regulations, fhe
City Commission may increase fhe 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 �equires 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
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 warrant incentives for increased intensity proposed in the
Comprehensive Plan amendment be limited to educational facilities.
UPDATE
On May 21, 2025, the City Commission approved the ordinance at First Readir�g, with no changes,
and scheduled a Second Reading public hearing for July 23, 2025. However, due to an oversight,
the subject ordinance was not transmitted to the applicable review agencies within 10 days of
approval, as required by the State.
To ensure that the amendment was properly reviewed by all applicable review agencies, the
subject ordinance was re-approved by the City Commission at a new First Reading on July 23,
2025, and Second Reading was scheduled for September 3, 2025. Immediately after re-approval
on July 23, 2025, the ordinance was transmitted to the applicable review agencies, as required
by the State.
On August 18, 2025, the City received review comments from the Florida Department of
Transportation (FDOT), wherein the District recommended that the proposed amendment
language be refined to explicitly state that the intensity incentives are exclusive to school and
educational uses. The attached ordinance has been updated to reflect this recommendation.
On September 3, 2025, the City Commission continued Second Reading of the ordinance to
September 17, 2025.
Additionally, on September 4, 2025, a comment was received from the Miami-Dade County Office
of Historic Preservation recommending that for properties located within or adjacent to a
designated historic district or an individual historic site the maximum thresholds for intensity and
height that allow for staff review be lowered, in consideration of their impact on neighboring
historic resources.
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: 6/27/2025
See BIE at: https:/lwww.miamibeachfl.qov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
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?
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Yes No
Was this Aqenda Item initiallv requested bY a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enyaqed 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
Commissioner Tanya K. Bhatt
Commissioner Kristen Rosen Gonzalez
Condensed Title
9:30 a.m. 2nd Rdg, School Use Incentives-Comp Plan Amend. (AF/DS/SM/JM/TB/KRG) PL
Previous Action (For Citv Clerk Use Onlv)
Deferred on 9/3/2025 - R5 G
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