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Planning board backs Fortieth Street overlay change to allow dormitories, stand‑alone schools in religious overlay

September 12, 2025 | Miami Beach, Miami-Dade County, Florida


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Planning board backs Fortieth Street overlay change to allow dormitories, stand‑alone schools in religious overlay
The Planning Board on Sept. 9 voted to transmit to the City Commission a favorable recommendation for amendments to the Fortieth Street religious overlay district. The proposed changes would allow dormitory units and stand‑alone schools on lots within the overlay, raise maximum lot coverage and building height limits, and expand the allowed aggregation of contiguous lots from two to three in the overlay area bounded by Chase Avenue and Pine Tree Drive.

City staff told the board the changes are intended to create a transitional zone between intense commercial uses to the north and established single‑family homes to the south. Under the draft amendment, total dormitories would be limited (no more than four dormitory units per plated lot and a per‑unit bed limit), and design review board (DRB) approval would be required for sites that aggregate two or more plated lots.

Neighbors who live adjacent to the overlay urged caution. “We’re very concerned … a 36‑ or 3‑ to 4‑story building being built, expanding a lot lines right next to our homes,” said David Sack, who lives on Royal Palm Avenue. Residents raised concerns about massing, traffic and parking. Supporters, including members of the religious community, said the applicant had secured neighbor signatures and that operations would not add significant vehicle traffic.

After public comments and an extended discussion about setbacks, massing and DRB review, the board voted to transmit the overlay amendments to the City Commission with a favorable recommendation and an explicit condition that projects using expanded allowances will require DRB and Planning Board review. Board members negotiated language clarifying interior side setback distances to address neighbors’ concerns about building proximity to residences.

What’s next: The amendments will be considered by the City Commission; site‑specific projects that rely on the overlay changes will later return to the Planning Board and DRB for project‑level review, including traffic, circulation and operational conditions.

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