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HomeMy WebLinkAboutBIE - Comp Plan Amendments - 2026 EAR (4/29/2026) 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: May 20, 2026 SUBJECT: BUSINESS IMPACT ESTIMATE COMPREHENSIVE PLAN AMENDMENTS - 2026 EVALUATION AND APPRAISAL REVIEW AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE STATE COORDINATED REVIEW PROCESS OF SECTION 163.3184(4), FLORIDA STATUTES, BY AMENDING GOALS, OBJECTIVES, POLICIES, AND DOCUMENT TITLES OF THE COMPREHENSIVE PLAN, I NCLUDING THE FOLLOWING ELEMENTS: RESILIENT LAND USE AND DEVELOPMENT, TRANSPORTATION, HOUSING, PUBLIC SCHOOL FACILITIES, AND CAPITAL IMPROVEMENT; AND, PURSUANT TO FLORIDA ADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES, ENTITLED “EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN,” INCORPORATING NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE LAW AND UPDATING THE COMPREHENSIVE PLAN BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE BASED ON THE EVALUATION AND APPRAISAL REPORT UPDATE ADOPTED ON OCTOBER 16, 2019; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, 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 Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 Business Impact Estimate Page 2 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. 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: Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 Ordinances - R5 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter, City Manager DATE:February 25, 2026 9:35 a.m. First Reading Public Hearing TITLE:COMPREHENSIVE PLAN AMENDMENTS - 2026 EVALUATION AND APPRAISAL REVIEW AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE STATE COORDINATED REVIEW PROCESS OF SECTION 163.3184(4), FLORIDA STATUTES, BY AMENDING GOALS, OBJECTIVES, POLICIES, AND DOCUMENT TITLES OF THE COMPREHENSIVE PLAN, INCLUDING THE FOLLOWING ELEMENTS: RESILIENT LAND USE AND DEVELOPMENT, TRANSPORTATION, HOUSING, PUBLIC SCHOOL FACILITIES, AND CAPITAL IMPROVEMENT; AND, PURSUANT TO FLORIDA ADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES, ENTITLED “EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN,” INCORPORATING NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE LAW AND UPDATING THE COMPREHENSIVE PLAN BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE BASED ON THE EVALUATION AND APPRAISAL REPORT UPDATE ADOPTED ON OCTOBER 16, 2019; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, 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 April 22, 2026. BACKGROUND/HISTORY On June 25, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred a discussion item pertaining to updates to the Comprehensive Plan (C4 F) to the Land Use and Sustainability Committee (LUSC). On September 11, 2025, the LUSC discussed the proposal and recommended that the City Commission refer an ordinance amending the Comprehensive Plan to the Planning Board, in accordance with the recommendations in the LUSC memo. On December 17, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred the proposed ordinance to the Planning Board (C4 C). ANALYSIS On October 16, 2019, the City Commission adopted Ordinance 2019-4302, which updated the City’s 2040 Comprehensive Plan. This update was pursuant to an Evaluation and Appraisal Report (EAR) required under Florida Statutes. In accordance with Florida Statutes, the City is now required to apply a secondary 20-year Planning Horizon to its Comprehensive Plan. The following is the applicable statute: Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 163.3177 Required and optional elements of comprehensive plan; studies and surveys. *** (5)(a) Each local government comprehensive plan must include at least two planning periods, one covering at least the first 10-year period occurring after the plan’s adoption and one covering at least a 20-year period. Additional planning periods for specific components, elements, land use amendments, or projects shall be permissible and accepted as part of the planning process. To address this state requirement, as well as other clarifying amendments for consistency with state law and to reflect changes in state requirements since the last time the Comprehensive Plan was updated in 2019, the attached ordinance amending the Comprehensive Plan is proposed. The following is a general summary of the proposed amendments: The City’s 2040 Comprehensive Plan will be updated to 2050, to consider the 20-year planning horizon. Additionally, the name of the plan will be updated to the “2050 Miami Beach Comprehensive Plan”. Policy RLU 2.4.2 regarding redevelopment areas is amended to remove the “South Pointe Redevelopment Area,” which has since sunset, and the “North Beach CRA” will be added. References to outdated Florida Statutes and programs have been removed or updated, including the following: o Eliminate Policy RLU 2.4.3, regarding “Energy Economic Zone Pilot Program Communities” which has since been removed from Florida Statutes. o In Policy TE 1.1.1, update the citation for Mobility Fee from section 163.3180(j), to section 163.31801, Florida Statutes. o In Policy PSF 1.2.3, update the citation for public school concurrency from section 163.3180 (13)(e)1 to (6)(f)1, Florida Statues. All outdated or modified programs have been removed or updated. The Planning Department has undertaken a thorough review of the requirements of the Florida Community Planning Act in Chapter 163, Part II, Florida Statutes, as well as any updates that have been made to Chapter 163, Part II, Florida Statutes since the last Comprehensive Plan update in 2019. Additional technical updates pursuant to this review, which are minor in nature, have also been included. As a required companion to the update of the planning horizon, the Planning Department has performed an analysis that includes required population projections from the University of Florida (UF) Bureau of Economic and Business Research (BEBR) and the UF Shimberg Center for Housing Studies.  Based on a review of this information, it has been determined that the currently adopted future land use map (FLUM) can accommodate any projected growth throughout the required planning horizon and that no additional amendments to the Resilient Land Use Element and FLUM are required.  A separate data and analysis sheet is attached, which includes updated population projections, to supplement the data and analysis sections of the Comprehensive Plan. Additionally, based on the review of the latest applicable data, updates to the Coastal High Hazard Area (CHHA) map are required and an updated CHHA map is attached for incorporation into the amendment. The ordinance effectuating these amendments to the Comprehensive Plan will need to be adopted by the City Commission and transmitted to the State no later than April 30, 2026. COMPREHENSIVE PLAN REVIEW Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 Under Section 163.3184(2), Florida Statutes, the proposed 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 On February 3, 2026, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). FISCAL IMPACT STATEMENT No Fiscal Impact 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 Second Reading of the ordinance for April 22, 2026. 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) Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 Condensed Title 9:35 a.m. 1st Rdg, Comp Plan Amendments-2026 Evaluation & Appraisal Review. (AF) PL Previous Action (For City Clerk Use Only) Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 COMPREHENSIVE PLAN AMENDMENTS -2026 EVALUATION AND APPRAISAL REVIEW ORDINANCE NO. _____ _ AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2040 COMPREHENSIVE PLAN PURSUANT TO THE STATE COORDINATED REVIEW PROCESS OF SECTION 163.3184(4), FLORIDA STATUTES, BY AMENDING GOALS, OBJECTIVES , POLICIES, AND DOCUMENT TITLES OF THE COMPREHENSIVE PLAN , INCLUDING THE FOLLOWING ELEMENTS: RESILIENT LAND USE AND DEVELOPMENT, TRANSPORTATION , HOUSING , PUBLIC SCHOOL FACILITIES , AND CAPITAL IMPROVEMENT; AND, PURSUANT TO FLORIDA ADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES , ENTITLED "EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN ," INCORPORATING NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE LAW AND UPDATING THE COMPREHENSIVE PLAN BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE BASED ON THE EVALUATION AND APPRAISAL REPORT UPDATE ADOPTED ON OCTOBER 16, 2019; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN , TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, pursuant to Section 163 .3191 (1 ), Florida Statutes , local governments are required to evaluate their comprehensive plans to determine if plan amendments are necessary to reflect changes in state requirements in this part since the last update of the comprehensive plan, and notify the State Land Planning Agency as to its determination ; and WHEREAS, at its October 16, 2019 meeting, the City Commission adopted Ordinance No. 2019-4302, which amended the 2025 Miami Beach Comprehensive Plan based on the changes proposed in the 2019 Evaluation and Appraisal Report ("EAR") ("EAR Amendments "), which, among other things, extended the planning horizon to the year 2040, and which were deemed to satisfy the requirements of Section 163.3191, Florida Statutes ; and WHEREAS, on April 29, 2025 , in accordance with the requirements of section 163.3191, Florida Statues, and the timeframes set forth in Rule 73C-49 , Florida Administrative Code , the City of Miami Beach (the "City") notified the State Land Planning Agency of its intention to prepare EAR Amendments to update the 2040 Miami Beach Comprehensive Plan (the "Comprehensive Plan ") to reflect changes in state la w and local conditions; and WHEREAS , the City has proposed amendments to the Comprehensive Plan to accomplish all of the above objectives; and WHEREAS , the City Commission hereby finds that the adoption of this Ordinance is necessary to accomplish all of the above objectives and is in the best interests and welfare of the residents of the City; and WHEREAS, the City Commission, upon First Reading of this O rd inance , authorized transmittal of the EAR Amendments to the Comprehensive Plan to the State Land Planning Agency and other appropriate review agencies for the purpose of a review pursuant to the State Coordinated Review process set forth in 163.3184( 4 ), Florida Statutes. Page 1 of 5 Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The title of the City's 2040 Comprehensive Plan is hereby amended as follows : 2040 2050 MIAMI BEACH COMPREHENSIVE PLAN SECTION 2. The following amendments to the City's 2-04-Q 2050 Comprehensive Plan Resilient Land Use & Development Element are hereby adopted : GOAL RLU 2: INNOVATIVE, SUSTAINABLE, AND RESILIENT DEVELOPMENT * * * POLICY RLU 2.4.2 The City shall maintain its existing redev elopment area program and implement adopted redevelopment plans and projects : • City Center/Historic Convention Village Redevelopment Plan (2001 ) • South Pointe Redevelopment Area pr0jects • North Beach Community Redevelopment Agency Redevelopment Plan (2021) * * * POLICY RLU 2.4.3 As a goal of the City to adopt policies and programs that implement in Miam i Beach actions that strive to protect the environment , the City designated the entire municipality to participate in the "Energy Economic Zone Pilot Program Communities" Codified in Chapter 2009 89 , Laws of florida , Section + shall continue to consider amendments to the Land Development Regulations to fa cilitate the use of alternative sources of energy and private energy sources. SECTION 3. The following amendments to the City's ~ 2050 Comprehensive Plan Transportation Element are hereby adopted : GOAL TE 1: MOBILITY & MULTI-MODAL TRANSPORTATION * * * POLICY TE 1.1.1 Due to the multi modal nature of the City's transportation system and adopted mode share goals , transportation concurrency is not an appropriate methodology for fund ing transportation improvements. As such , the City of Miami Beach is a transportation concurrency exception area (TCEA). Pursuant to section 163 .3180 {j) 163.31801, Florida Statutes, the City has adopted Mobility Fees as an alternative mobility funding system . * * * Page 2 of 5 Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 POLICY TE 1.7.12: MULTIMODAL TRANSPORTATION ANALYSIS AND MITIGATION PLAN The City shall require all commercial and mixed-use developments over 5 ,000 gross square feet and multi-family projects with more than four ( 4) units or 15,000 gross square feet , to submit a transportation analysis and mitigation plan, prepared by a professional traffic engineer, licensed and registered in the State of Florida. The analysis and plan shall at a minimum provide the following : a) Details the impact of projected traffic on the adjacent corridors, intersections , and areas to be determined by the City. b) The analysis and plan will include strategies to mitigate the impact of the proposed development on the adjacent transportation network to the maximum extent feasible in a manner consistent with the adopted 2015 T ransportation Master Pl an and adopted mode share goals. c ) Whenever possible , driveways shall be minimized and use common access points to reduce potential turn movements and conflict points with pedestrians . d ) Applicable treatments may include , but not be limited to TDM strategies included in Po licy 1.7 .2 and TSM policies included in Policy 1.7.1 of the T ransportation Element. e) Additional requirements analyses and mitigation strateg ies , as may be required by the Transportation Department and Land Development Regulations . f) The Land Development Regulations may establish additional requ irements for traffic mitigation for Conditional Uses . g) The Land Development Regulations may establish exemptions to the traffic study requirements in order to facilitate development located in locally designated historic districts. SECTIO N 4 . T he following amendments to the City's ~ 2050 Comprehensive Plan Housing Element are hereby adopted : GOAL HE 2 : N EIGHBORHOOD SUSTAINAB ILITY * * * PO LI CY HE 2.2.3 Continue the incentives in the Land Development Regulations, in comp liance that apply with the provisions of s .163.3202 , F.S., that by encourage encouraging the rehabilitation of residentia l structures to prevent the un intended loss of housing units due to deteriorated cond itions . SECTION 5. The fo ll owing amendments to the City's ~ 2050 Comprehensive Plan Public School Facilities Element are hereby adopted : GOAL PSF 1 Page 3 of 5 Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 * * * POLICY PSF 1.2.3 In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed development's impact, the development may proceed provided at least one of the following conditions is met: a) The development's impact can be shifted to one or more contiguous CSAs that have available capacity and is located, either in whole or in part, within the same Geographic Areas (Northwest, Northeast, Southwest, or Southeast) as the proposed development; or b) The development's impact is mitigated, proportionate to the demand for public schools it created, through a combination of one or more appropriate proportionate share mitigation options, as defined in Section 163 .3180 (13)(e)1 (6)(F)1 , Florida Statutes. The intent of these options is to provide for t he mitigation of residential development impacts on public school facilities , guaranteed by a legal binding agreement, through mechanisms that include, one or more of the following : contribution of land; the construction , expansion , or payment for land acquisition or construction of a permanent public school facility; or, the creation of a mitigation bank based on the co nstruction of a permanent public school facility in exchange for the right to sell capacity credits. The proportionate share mitigation agreement is subject to approval by Miami-Dade County School Board and the City of Miami Beach and must be identified in the Miami-Dade County Pub lic Schools Facilities Work Program . c) The development's impacts are phased to occur when sufficient capacity will be available . If none of the above conditions is met, the development shall not be approved. SECTION 6. The following amendments to the City's ~ 2050 Comprehensive Plan Pub lic School Facilities Element are hereby adopted: GOAL INF 1: PROVISION OF INFRASTRUCTURE * * * OBJECTIVE INF 1.7: INFRASTRUCTURE DEFICIENCIES The City will implement procedures to ensure that existing facility deficiencies are corrected thereby maximizing the use of existing public facili ties to maintain the level of service standards as adopted for future needs in accord with the time frames established under Section 163.302 163.3180, Florida Statutes. SECTION 7. REPEALER. All Ord in ances or parts of Ordinances in confl ict herewith be and the same are hereby repealed. Page 4 of 5 Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936 SECTION 8. SEVERABILITY. If any section , subsection , clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 9. CODIFICATION . It is the intention of the City Commission that this Ordinance be entered into the Comprehensive Plan , 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 " or other appropriate word. The Exh ibits to this Ordinance that are not codified shall be kept on file with this Ordinance in the City Clerk's Office. SECTION 10. TRANSMITTAL. The Planning Director is hereby directed to transmit this ordinance to the appropriate state , regional and county agencies pursuant to the "State Coordinated Review Process," outlined in section 163.3184( 4), Florida Statutes. SECTION 11 . EFFECTIVE DATE. Th is ordinance shall take effect pursuant to the state land planning agency's notice of intent, pursuant to section 163.3 184(4)(e). PASSED AND ADOPTED this __ day of _______ , 2026. ATTEST : Steven Meiner, Mayor Rafael E. Granado, City Clerk First Reading : February 5, 2026 Second Read ing: March 18, 2026 Verified by: __________ _ Thomas R. Mooney, AICP Planning Dire ctor Page 5 of 5 APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City ~eg/J I f -zs)"UJzft:, Date Docusign Envelope ID: A3DEA91B-17E6-8F24-80E6-8975BC0B3936