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HomeMy WebLinkAboutBIE - Comprehensive Plan FLUM Amendment - One Ocean Drive (5/26/2026) 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: June 24, 2026 SUBJECT: BUSINESS IMPACT ESTIMATE COMPREHENSIVE PLAN FLUM AMENDMENT – ONE OCEAN DRIVE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING THE FUTURE LAND USE MAP OF THE 2040 MIAMI BEACH COMPREHENSIVE PLAN, PURSUANT TO SECTION 2.4.1 OF THE MIAMI BEACH RESILIENCY CODE AND PURSUANT TO SECTION 163.3181, SECTION 163.3184, AND SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED AT 1 OCEAN DRIVE, MIAMI BEACH, FROM THE CURRENT DESIGNATION OF “RECREATION AND OPEN SPACE INCLUDING WATERWAYS (ROS)” TO “PUBLIC FACILITY: GOVERNMENTAL USES (PF)”; 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 development regulation amendments; b. Development orders, development permits, and development agreements; c. Sections 190.005 and 190.046, Florida Statutes, regarding community Docusign Envelope ID: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF Business Impact Estimate Page 2 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: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF Ordinances - R5 AJ COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter, City Manager DATE:May 20, 2026 11:20 a.m. First Reading Public Hearing TITLE:COMPREHENSIVE PLAN FLUM AMENDMENT – ONE OCEAN DRIVE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING THE FUTURE LAND USE MAP OF THE 2040 MIAMI BEACH COMPREHENSIVE PLAN, PURSUANT TO SECTION 2.4.1 OF THE MIAMI BEACH RESILIENCY CODE AND PURSUANT TO SECTION 163.3181, SECTION 163.3184, AND SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED AT 1 OCEAN DRIVE, MIAMI BEACH, FROM THE CURRENT DESIGNATION OF “RECREATION AND OPEN SPACE INCLUDING WATERWAYS (ROS)” TO “PUBLIC FACILITY: GOVERNMENTAL USES (PF)”; 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 June 24, 2026. BACKGROUND/HISTORY On February 25, 2026, at the request of Commissioner Alex Fernandez, the City Commission referred a proposal to the Planning Board (C4 I) to modify the future land use map classification of the site at 1 Ocean Drive (Pier Park) from Recreation and Open Space Including Waterways (ROS) to Public Facility: Governmental Uses (PF). ANALYSIS The city owned property at 1 Ocean Drive (Pier Park) is currently classified as ROS on the City’s Future Land Use Map (FLUM) and the proposed amendment would change the future land use classification of the property to PF (see attached maps). The proposed modification to the future land use classification better reflects the actual use of the property and provides additional latitude for potential future uses. Over the past four decades, the subject property has been used primarily as a beach club with a full-service restaurant and bar, as well as public parking. In 2023, the City Commission adopted Resolution 2023-32825, approving a concession agreement with Boucher Brothers Pier Park, LLC for the operation of a food and beverage establishment at 1 Ocean Drive. The proposed uses outlined in the concession agreement include food and beverage establishments, a beach club, kids club, health center and retail. A change in the future land use designation of the property is required to accommodate the proposed uses contemplated under the concession agreement. The existing ROS future land use designation provides for the following: POLICY RLU 1.1.19 RECREATION AND OPEN SPACE INCLUDING WATERWAYS (ROS) Docusign Envelope ID: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF Purpose: To provide development opportunities for existing and new recreation and open space facilities, including waterways. Uses which may be permitted: Recreation and open space facilities, including waterways. Intensity Limits: Intensity may be limited by such setback, height, floor area ratio and/or other restrictions as the City Commission acting in a legislative capacity determines can effectuate the purpose of this land use category and otherwise implement complementary public policy. However, in no case shall the intensity exceed a floor area ratio of 0.5. Undesignated Fisher Island Lots: Fisher Island lots that are not otherwise designated are hereby designated Recreation and Open Space. The proposed PF future land use designation provides for the following: POLICY RLU 1.1.17 PUBLIC FACILITY: GOVERNMENTAL USES (PF) Purpose: To provide development opportunities for existing and new government uses, as well as provide public-private redevelopments. Uses which may be permitted: Government uses, parking facilities, affordable or workforce housing, various types of commercial uses including business and professional offices, retail sales and service establishments, and eating and drinking establishments, and public-private marina redevelopments. Additionally, market-rate residential uses may be permitted as part of mixed-use developments for properties located between Lincoln Lane North on the south, Alton Road on the west, 17th Street on the north, and Washington Avenue on the east. Public-private marina redevelopments shall include significant publicly accessible green and/or open space and may permit the following uses: Retail sales and service establishments; commercial uses, including business and professional offices; eating and drinking establishments; apartment residential uses; and recreational uses. Density Limits: The base density limit for affordable or workforce housing units shall be the average of the surrounding future land use categories. The density limit for market rate apartment residential uses in a public-private marina redevelopment shall be 15 units per acre. Intensity Limits: Intensity may be limited by such setback, height, floor area ratio and/or other restrictions as the City Commission acting in a legislative capacity determines can effectuate the purpose of this land use category and otherwise implement complementary public policy. However, in no case shall the intensity exceed a floor area ratio of 3.5. COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS The total land area involved in this application is approximately 3.49 acres (152,332 sq. ft.). Under Section 163.3187 F.S., land use map amendments of less than 10 acres in size may be considered “small-scale” amendments, which require only one public hearing before the City Commission, which shall be an adoption hearing. Upon adoption, the local government shall send a copy of the adopted small-scale amendment to the State Land Planning Agency so that the Agency can maintain a complete and up-to-date copy of the City’s Comprehensive Plan. PLANNING BOARD REVIEW On May 5, 2026, the Planning Board transmitted the ordinance to the City Commission with a favorable recommendation (7-0). FISCAL IMPACT STATEMENT No Fiscal Impact Expected Does this Ordinance require a Business Impact Estimate? Yes Docusign Envelope ID: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF (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 June 24, 2026. Applicable Area South 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? No If so, specify the name of lobbyist(s) and principal(s): Department Planning Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s) Condensed Title 11:20 a.m. 1st Rdg, Comp Plan FLUM Amendment - One Ocean Drive. (Fernandez) PL Previous Action (For City Clerk Use Only) Docusign Envelope ID: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF Existing Future Land Use Designation (ROS) Docusign Envelope ID: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF Proposed Future Land Use Designation (PF) Docusign Envelope ID: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF Comprehensive Plan FLUM Amendment -One Ocean Drive AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING THE FUTURE LAND USE MAP OF THE 2040 MIAMI BEACH COMPREHENSIVE PLAN , PURSUANT TO SECTION 2.4.1 OF THE MIAMI BEACH RESILIENCY CODE AND PURSUANT TO SECTION 163.3181, SECTION 163.3184, AND SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED AT 1 OCEAN DR IVE, MIAMI BEACH, FROM THE CURRENT DESIGNATION OF "RECREATION AND OPEN SPACE INCLUDING WATERWAYS (ROS)" TO "PUBLIC FACILITY: GOVERNMENTAL USES (PF)"; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS , the property located at 1 Ocean Drive, Miami Bea ch ("Property") is currentl y designated as Recreation and Open Space Including Waterways (ROS ) on the Future Land Use Map of the 2040 Miam i Beach Comprehensive Plan; and WHEREAS , to ensure the cons istency and compatibility of ex is ting and future development at the Property, the subject ordinance will change the Property 's Future Land Use Map designation from ROS to Publi c Facility: Governmental Uses (PF ); and WHEREAS , the City of Miami Beach has the authority to enact la ws which promote the public health, safety, and general we lfare of its citizens ; and WHEREAS, the amendment set forth be low is 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. COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT. The following amendment to the City of Miami Beach 2040 Comprehensive Plan , Future Land Use Map designation for the properties described herein is hereby approved and adopted and the Planning Director is hereby directed to make the appropriate cha nge to the City of Miami Beach 2040 Comprehensive Plan , Future Land Use Map : Lots 1-8, Block 112, of the Ocean Beach Addition No 4 Subdivision , as re co rded in Plat Book 3, Page 112 of the public records of Miami-Dade County, Florida , shall be changed from the current future land use map classification of Recreation and Open Space Including Waterways (ROS) to Public Facil ity: Governmenta l Uses (PF). SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed . Page 1 of 2 Docusign Envelope ID: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF SECTION 3. SEVERABIUTY. If any section , subsection , clause or provision of this Ordinance is held in valid , the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission that the Future Land Use Map of the 2040 Miami Beach Comprehensive Plan be amended in accordance with the provisions of this Ordinance. 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 not take effect until 31 days after the state Land Planning Agency notifies the Cit y that the plan amendment package is complete following adoption, pu rsuant to Section 163 .3184(3 ), Florida Statutes. PASSED AND ADOPTED this __ day of _______ , 2026. ATTEST: Steven Me iner, Mayor Rafael E. Granado, City Clerk First Reading : May 20, 2026 Second Reading : June 24, 2026 Verified by: __________ _ Thomas R. Mooney, AICP Planning Director APPROVED AS TO FORM AND LANGUAGE &F~UTION ~ s/4-/2..£)~ --------- City Attorney ~Q Date T :\Agenda\2026\05 May 2026\Planning\One Ocean Drive -FLUM Amendment -First Read ing ORD.do cx Page 2 of 2 Docusign Envelope ID: BB1C6EB3-87AE-8BD5-81D2-68FA033EDADF