R5A - Amend 40th St Overlay Ldr
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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.
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Detailed Information
Cached: 1 week agoOrdinances - R5 A
COMMISSION MEMORANDUM
9:15 a.m. First Reading Public Hearing**
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.
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:
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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.
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A requirement for Design Review Board (DRB) approval for sites containing 2 or more platted lots.
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The maximum unit size has been increased from 50% to 100%.
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The maximum lot coverage for a home exceeding 2 stories has been increased from 30% to 50%.
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Covered stairs and walkways would be exempt from unit size and lot coverage calculations.
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The minimum front setback has been reduced from 30 feet to 20 feet.
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The minimum street side setback has been reduced from 10 feet to 5 feet.
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The maximum number of stories has been increased from 2 stories to 3 stories.
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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.
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The open space and extended setback requirements for homes exceeding 2 stories would not apply to projects in the 40th Street Overlay.
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The limitation of two (2) contiguous lots has been expanded allow up to three (3) contiguous lots to be aggregated 40th Street overlay.
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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.
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
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)