C4B - 2040 Comp Plan Ear

Committee Referrals - C4 B

C4 B REFERRAL TO THE PLANNING BOARD – 2040 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR). Applicable Area:

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) refer the attached draft ordinance to the Planning Board.

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.

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:

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References to outdated Florida Statutes and programs have been removed or updayed, including the following: o Remove Policy RLU 2.4.3, regarding “Energy Economic Zone Pilot Program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.

Finally, updated population projections will be provided as part of the data and analysis sections of the Comprehensive Plan and the latest applicable data will be reviewed to determine if updates to the Coastal High Hazard Area map may be required. 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.

APPLICATION FEE WAIVER The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the LDRs, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment implements best practices in urban planning and waive the applicable fees.

FISCAL IMPACT STATEMENT

No Fiscal Impact Expected

Does this Ordinance require a Business Impact Estimate? (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 the following:

1. The City Commission refer the attached draft ordinance to the Planning Board.

2. In accordance with section 2.4.1.c.1 of the LDRs, the City Commission waive the applicable fees based on the amendment implementing best practices in urban planning.

Applicable Area

Citywide

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

Ref: PB - 2040 Comprehensive Plan Evaluation & Appraisal Report (EAR). (Fernandez) PL

Previous Action (For City Clerk Use Only)

COMPREHENSIVE PLAN AMENDMENTS - 2026 EVALUATION AND APPRAISAL REVIEW

ORDINANCE NO. ________

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 LUATION AND

AMENDMENTS REFLECTING CHANGES IN STATE REQUIREMENTS, 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; 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 the Evaluation and Appraisal Report (EAR) based amendments, which were determined to be sufficient to meet the requirements of Section 163.3191, Florida Statutes; and

WHEREAS, the on April 29, 2025, in accordance with the requirements of section 163.3191, Florida Statues and the timeframes in Rule 73C-49, Florida Administrative Code, the City of Miami Beach notified the State Land Planning Agency that it would be preparing amendments to update the Comprehensive Plan reflecting changes in state requirements and changes in local conditions; and

WHEREAS, the City of Miami Beach has proposed amendments to the policies of the comprehensive plan; and

WHEREAS, the City Commission hereby finds that the adoption of this Ordinance is in the best interest and welfare of the residents of the City; and

WHEREAS, the City Commission, upon first reading of this Ordinance, authorized transmittal of the evaluation and appraisal review based amendments to the Comprehensive Plan to the state land planning agency and review agencies for the purpose of a review in accordance with the State Coordinated Review process in 163.3184(4), Florida Statutes.

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2040 2050 MIAMI BEACH COMPREHENSIVE PLAN

GOAL RLU 2: INNOVATIVE, SUSTAINABLE, AND RESILIENT DEVELOPMENT

* * *

POLICY RLU 2.4.2 The City shall maintain its existing redevelopment area program and implement adopted redevelopment plans and projects: City Center/Historic Convention Village Redevelopment Plan (2001) South Pointe Redevelopment Area projects 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 Miami 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 7 shall continue to consider amendments to the Land Development Regulations to facilitate the use of alternative sources of energy and private energy sources.

GOAL TE 1: MOBILITY & MULTI-MODAL TRANSPORTATION

* * *

POLICY TE 1.1.1

share goals, transportation concurrency is not an appropriate methodology for funding 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.

* * *

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POLICY HE 2.2.3 Continue the incentives in the Land Development Regulations, in compliance that apply with the provisions of s.163.3202, F.S., that by encourageing the rehabilitation of residential structures to prevent the unintended loss of housing units due to deteriorated conditions.

GOAL PSF 1

* * *

POLICY PSF 1.2.3 In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed

conditions is met:

a) 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) 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 the 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 construction 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 Public Schools Facilities Work Program.

c)

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.

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 facilities 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.

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SECTION 7. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.

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

SECTION 10. TRANSMITTAL. The Planning Director is hereby directed to transmit this ordinance to the appropriate state,

section 163.3184(4), Florida Statutes.

SECTION 11. EFFECTIVE DATE. This ordinance shall ta intent, pursuant to section 163.3184(4)(e).

PASSED AND ADOPTED this _____ day of __________________, 2026

____________________ Steven Meiner, Mayor

ATTEST:

____________________ Rafael E. Granado, City Clerk.

APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION

________________________________ City Attorney Date

First Reading: ___________, 2026 Second Reading: ___________, 2026

Verified by: _________________________ Thomas R. Mooney, AICP Planning Director

T:\Agenda\2025\10 October 29, 2025\Planning\REF to PB - 2040 Comprehensive Plan EAR - REF ORD.docx

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