R5P - Expand School Use Incentives in Zoning Code
View full 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 APPROPRIATENESS FOR DEMOLITION”, SUBSECTION C ENTITLED “REVIEW PROCEDURE” 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 FOR 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-CENTRAL CORE (TC-C) 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.
Sponsors
Detailed Information
Cached: 3 weeks agoOrdinances - R5 P
COMMISSION MEMORANDUM
10:41 a.m. Second Reading Public Hearing
CENTRAL CORE (TC-C) 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) open and continue Second Reading of the subject ordinance to a date certain of September 3, 2025.
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, 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 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 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 process 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 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.
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 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 requirements set forth in sections 7.1.10.1, 7.1.10.2, 7.1.10.3, and 7.1.10.4 for the following types of amendments: a. An FAR increase or modification to 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 site. not to exceed a total of 5,000 additional square feet of floor area per property or site. b. A modification to a floor area exception that applies citywide and would not result in a substantial increase in allowable floor area, as determined by the City Commission at the City Commission's sole discretion. If the City Commission waives the requirements set forth in sections 7.1.10.1, 7.1.10.2, 7.1.10.3, and 7.1.10.4 the amendment shall otherwise be subject to the applicable notice and amendment provisions in chapter 2, article 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.
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. 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 has been scheduled for re-approval at First Reading on July 23, 2025.
In order for the subject ordinance amending the LDRs to be adopted concurrently with the companion amendment to the Comprehensive Plan, the Administration recommends that the LDR ordinance be opened and continue to a date certain of September 3, 2025. Additionally, it is recommended that the City Commission waive the annual zoning cycle restriction for the subject LDR amendment, pursuant to Section 2.3.2 of the LDR’s, and allow the Second Reading public hearing to occur on September 3, 2025.
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://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission open and continue Second Reading of the subject ordinance to a date certain of September 3, 2025.
2. Pursuant to Section 2.3.2 of the LDR’s, the City Commission waive the annual zoning cycle restriction for the subject LDR amendment and allow a Second Reading public hearing on September 3, 2025.
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)
Commissioner David Suarez Mayor Steven Meiner Commissioner Joseph Magazine Commissioner Tanya K. Bhatt
Condensed Title
10:41 p.m. 2nd Rdg, School Use Incentives - LDR Amendments. (AF/DS/SM/JM/TB) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 5/21/2025 - R5 AG