Miami Beach committee backs study of zoning changes to allow religious schools, dormitories in Fortieth Street overlay

The Land Use and Sustainability Committee on June 10 endorsed a staff proposal to amend the Fortieth Street residential overlay to permit religious institutions, up to four dormitory units per platted lot, and standalone schools subject to conditional-use review, and to refer a corresponding comprehensive-plan amendment to the Planning Board.

Committee members and staff said the changes are intended to allow religious institutions already in the area to expand limited residential and educational uses while keeping conditional review and design controls in place.

Under the proposal presented by the administration, the overlay — the south side of Fortieth Street from Chase Avenue to Pine Tree Drive — would allow dormitory units (described in the meeting as typically 200–300 square feet and possibly without restrooms), standalone schools as a main use, increase permitted lot aggregation from two lots to three, raise maximum lot unit size from 50% to 100%, and increase lot coverage for two-story homes from 30% to 50%.

The proposed amendment would also increase building height limits from two to three stories, raising maximum heights from 24 feet to 36 feet for sloped roofs and from 27 feet to 39 feet for flat roofs; reduce the minimum front setback for two‑story homes from 30 feet to 20 feet and the minimum street-side setback to 5 feet; and exempt covered stairs and walkways from unit‑size and lot‑coverage calculations.

The director noted these regulatory changes would require a corresponding amendment to the city comprehensive plan before the Planning Board considers the overlay revision. The committee voted to forward the item for referral to the Planning Board and the City Commission, with staff recommending that the proposal be packaged with the necessary comprehensive‑plan amendment.

Committee members pressed staff on operational safeguards. Commissioner Fizer and others requested a clear definition of “dormitory” and limits on the number of beds per dormitory unit to avoid transient or hotel‑style uses. Staff said those operational details would largely be addressed at the conditional‑use review stage but agreed they could add a definition and bed limits to the ordinance. Members also noted rooftop activity had been discussed in prior drafts; staff confirmed language allowing rooftop activation had been removed but recommended adding an explicit prohibition on rooftop access as a precaution.

The director said the revised overlay as drafted would apply to any property within the overlay regardless of lot aggregation absent an explicit limit, and the committee asked staff to add language narrowing the change if the committee wanted it to apply only to properties that aggregate two or more platted lots.

The committee asked that the neighborhood association and other nearby residents receive notice and an opportunity to submit questions to planning staff before the Planning Board hearing. Staff indicated the Planning Board referral will likely appear in the July City Commission meeting packet once ordinance drafting and comp‑plan coordination are complete.

Members repeatedly emphasized that any development under the overlay would remain subject to conditional‑use approval, which the committee said is the moment to review operational plans such as parking, changeover/turnover procedures and management standards.