Miami Beach Planning Board advances FAR rules, ADU changes, EV parking and several neighborhood applications

The Miami Beach Planning Board met July 25 in City Hall and advanced a package of land-use proposals and neighborhood items, front-loading measures to govern future floor‑area‑ratio (FAR) increases and to add new development controls while approving several neighborhood projects.

The board transmitted an ordinance that would set a multi-step process for any future FAR increase — requiring preliminary planning-board review, a community workshop and a two‑step commission hearing — and recommended the commission add a narrow waiver for de minimis text changes. Planning Department staff and several board members described the ordinance as an effort to replace the voter referendum process that state law (Senate Bill 718) removed this year: "That provision in the city charter which required FAR increases to go to the voters is no longer applicable," one staff presenter said, summarizing the law change. The board also separately recommended an amendment raising the commission vote threshold for FAR increases from five‑sevenths to six‑sevenths; that change was transmitted to the commission as well.

The board voted to transmit two related and frequently discussed code changes aimed at housing and historic districts. One ordinance would allow accessory dwelling units (ADUs) to be rented in the Palm View Historic District (owner‑occupied primary homes only, minimum tenancy >6 months). The companion item would allow administrative (staff) review of ADUs in single‑family historic districts so long as work does not alter architecturally significant features. Staff said both items are intended to create options for homeowner income and modest attainable housing while preserving design review for sensitive places.

New development standards for electric‑vehicle (EV) parking and charging also moved forward. The ordinance the board transmitted raises the proportion of EV‑ready spaces in new buildings, requires 240‑volt electrical infrastructure at non‑equipped stalls so chargers can be retrofitted, and requires Level‑3 fast chargers for larger commercial and multifamily developments. Several board members noted cost and electrical‑grid limits but supported the plan as a practical step to future‑proof new construction.

The board approved a modified ordinance tightening rules for fences, vacant‑lot upkeep and visibility that staff said aims to reduce illegal uses and improve site maintenance on vacant parcels. After discussion the board removed a blanket requirement for high‑end aluminum picket fencing and instead preserved existing chain‑link allowances in some rear/interior yards while reinforcing maintenance standards and site grading requirements.

Neighborhood items and conditional‑use permits

The Planning Board approved multiple neighborhood conditional‑use applications and referrals: it approved the Philippe (Philip Chow) restaurant proposal for retail space at 1 Collins Avenue with conditions negotiated with the adjacent 1 Ocean condominium association (limited outdoor hours for the tables nearest the residence, requirements for trash handling, directional speakers/volume limiting, and a valet/transportation plan). The board also approved a proposed Harbor Club restaurant for 1766 Bay Road (the former Burgers & Beer location) with conditions including set delivery/trash hours, limiting outdoor hours and a valet/queuing plan.

The board transmitted an exception for a West Avenue Bed & Breakfast application that had a building permit in process before the commission changed the overlay rules; the board transmitted the item with a favorable recommendation but rejected a later motion that would have required the operator to lose the B&B use on any change of ownership outside the owner’s family (a separate proposed restriction failed in a roll call vote). The board also transmitted alcohol-hour rules for Belle Isle (2 a.m. indoor; midnight outdoor) and for portions of Alton Road/West Avenue intended to reduce late‑night impacts near residential areas; staff and several board members noted vested‑rights processes for a small number of existing establishments and added language allowing certain pending entitlements to be honored.

Lot-splits and historic/neighborhood maintenance

The board approved a subdivison (replat) that would split a triangular, irregular parcel on North Bay Road into three buildable lots while preserving an existing 1934 home at the center and limited proposed unit sizes in new construction. A second lot‑split application at 1120 Bay Drive was continued at the applicant’s request to allow one nearby resident additional outreach and to give the applicant time to revise designs in response to privacy concerns raised by an adjacent homeowner.

Votes at a glance - Future FAR policy ordinance (PB23‑0612): transmitted to City Commission with a favorable recommendation; staff asked commission to add a waiver clause for de minimis text changes. (Motion carried by roll call.) - Amendment to require six‑sevenths vote for FAR increases (PB23‑0613): transmitted to City Commission with favorable recommendation. (Motion carried.) - Palm View ADU authorization (PB23‑0614): transmitted to City Commission favorably. (Motion carried.) - Administrative review of ADUs in single‑family historic districts (PB23‑0615): transmitted favorably. (Motion carried.) - EV parking/charging standards (PB23‑0616): transmitted favorably. (Motion carried.) - Fencing and vacant‑lot standards (PB23‑067): transmitted with changes (board removed a strict aluminum‑picket requirement). (Motion carried.) - West Avenue Bed & Breakfast exception: transmitted with favorable recommendation; a separate request to make the right non‑transferable on sale outside the family failed. (Favorable transmittal motion carried; second motion to limit transfer failed on roll call.) - Alcohol‑hours ordinances (Belle Isle; Alton Road/West Avenue): transmitted with favorable recommendation; staff clarified vested‑rights language and identified how pending Board of Adjustment/land‑use orders would be handled. (Motions carried.) - Philippe (1 Collins Avenue) neighborhood restaurant (NIE): approved with conditions negotiated with neighbors/1 Ocean Association (trash handling, limited outdoor hours in nearest area, directional speakers/limiters, valet plan). (Motion carried.) - Harbor Club (1766 Bay Road) restaurant NIE: approved with site‑specific conditions (trash/delivery windows, outdoor hours limitations, valet conditions). (Motion carried.) - Lot split (30 N. Bay Road / replat): approved. (Motion carried.) - Lot split (1120 Bay Drive): continued to allow additional neighbor outreach and design revisions.

Why this matters

The board’s decisions this session advance new rules intended to replace the referendum that state law removed for FAR increases while creating clearer public‑engagement steps and technical testing before any future FAR increases. The ADU changes aim to add modest housing supply and owner income options in targeted neighborhoods; the EV and fence rules update technical requirements that affect new construction, neighborhood appearance and public safety. Several neighborhood‑scale conditional‑use approvals (restaurants, lot splits) reflect continuing redevelopment pressure across Miami Beach and the board’s role in balancing new commercial activity with nearby residential impacts.

What’s next

All transmitted ordinances move to the City Commission for first/second reading as applicable. Projects approved with conditions must meet the listed conditions (valet/transportation approvals, trash/delivery windows, noise rules, DRB reviews for design and resiliency). The continued lot split at 1120 Bay Drive will return after additional outreach.