2015-29116 Reso RESOLUTION NO. 2015-29116
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2015 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING
WHETHER THE FLOOR AREA RATIO (FAR), WHICH REGULATES THE
OVERALL SIZE OF A BUILDING, FOR THE "OCEAN TERRACE OVERLAY
DISTRICT," WITH AN • UNDERLYING ZONING. DESIGNATION OF
"COMMERCIAL DISTRICT-2" ("CD-2") AND "MIXED USE ENTERTAINMENT
DISTRICT" ("MXE"), BE INCREASED FROM A MAXIMUM 2.0 FAR TO A
MAXIMUM 3.0 FAR, WHICH INCREASED FAR SHALL BE USED ONLY FOR
RESIDENTIAL AND HOTEL USES; WHICH OCEAN TERRACE OVERLAY
DISTRICT IS LOCATED BETWEEN 73RD AND 75TH STREETS, COLLINS
AVENUE, AND OCEAN TERRACE?
WHEREAS, pursuant to Section 1.03(c) of the City Charter, the Floor Area Ratio (FAR)
of any property within the City of Miami Beach shall not be increased by zoning, transfer, or any
other means from its current zoned floor area ratio as it exists on the date of adoption of this
Charter Amendment [November 7, 2001], including any limitation on floor area ratios which are
in effect by virtue of development agreements through the full term of such agreements, unless
any such increase in zoned Floor Area Ratio for any such property shall first be approved by a
vote of the electors of the Cit of Miami Beach; and
WHEREAS, the City would like to schedule a vote of the electorate for Tuesday,
November 3, 2015, in order for the residents of Miami Beach to vote on whether the residential
and hotel use FAR for the proposed Ocean Terrace Overlay District should be allowed; and,
WHEREAS, The City desires to place the question on the ballot and call a special
election.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and directed to
be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November
3, 2015, for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2. That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Election hereby called, with acceptance of the certification of the
results of said Special Election to be performed by the City Commission. The official returns for
each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the
ballots from all precincts have been tabulated.
SECTION 3. That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All electors
shall vote at the polling places and the voting precincts as determined by the Miami-Dade
County Election Officials as set forth in the attached Exhibit "A".
SECTION 4. Not less than thirty (30) days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald, a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5. The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 3RD DAY OF NOVEMBER, 2015, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
1.0 Maximum FAR Increase for Residential and
Hotel Uses in the Ocean Terrace Overlay District
Shall the Floor Area Ratio (FAR), which regulates the overall size of a
building, for the "Ocean Terrace Overlay District," located between 73rd
and 75t Streets, Collins Avenue, and Ocean Terrace, and has underlying
zoning designations of "Commercial District-2" ("CD-2") and "Mixed Use
Entertainment District" ("MXE"), be increased from a maximum of 2.0 FAR
to a maximum of 3.0 FAR, which increased FAR shall be used only for
residential and hotel uses?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said elections.
SECTION 6. That the official ballot to be used in the Special Election to be held on November
3, 2015, hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
1.0 Maximum FAR Increase for Residential and
Hotel Uses in the Ocean Terrace Overlay District
Shall the Floor Area Ratio (FAR), which regulates the overall size of a
building, for the "Ocean Terrace Overlay District," located between 73rd
and 75th Streets, Collins Avenue, and Ocean Terrace, and has underlying
zoning designations of "Commercial District-2" ("CD-2") and "Mixed Use
Entertainment District" ("MXE"), be increased from a maximum of 2.0 FAR
to a maximum of 3.0 FAR, which increased FAR shall be used only for
residential and hotel uses?
YES
NO
SECTION 7. The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
SECTION 8. Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration. Qualified
persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700
Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business
hours, and at such other voter registration centers and during such times as may be provided by
the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on October 5, 2015. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a registered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Office. All questions concerning voter registration should
be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida
33172; Telephone: (305) 499-VOTE (8683).
SECTION 9. That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to absentee voting.
SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of
invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11. If any section, sentence, clause or phrase of the proposed ballot measure is held
to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
no way affect the validity of the remaining portions of said ballot measure.
SECTION 12. This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 2 rip day of SRP-trim , , 2015.
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City Attomey Dote
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MIAMI BEACH SPECIAL ELECTION
NOVEMBER 4, 2014
MIAMI BEACH PRECINCTS LIST
PCT Place Name Location PCT Place Name Location
•
011.0 Biscayne Elementary 800 77'"Street . 031.0 Miami City Ballet 2200 Liberty Avenue
School
1 013.0 North Shore Branch 7501 Collins Avenue 032.0 Miami Beach Regional 227 22"u Street
Library Library
014.0 North Shore Park Youth 501 72"°Street 033.0 Miami Beach Senior 2231 Prairie Avenue
Center High School ,
015.0 Normandy Shores Golf 2401 Biarritz Drive 036.0 Miami Beach Police 999 11°Street
Club Athletic League
018.0 Indian Creek Fire Station 6880 Indian Creek 037.0 Miami Beach City Hall 1700 Convention
#4 Drive Center Drive
019.0 Normandy Park&Pool 7030 Trouville 038.0 Veterans Foreign War 650 West Avenue
Esplanade Post#3559
020.0 Ronald W.Shane Center 6500 Indian Creek 040.0 South Pointe Elementary 1050 4m Street
Drive School
022.0 Miami Beach Fire Station 5303 Collins Avenue 041.0 South Shore Community 833 6th Street#2
#3 Center
023.0 Miami Beach Fire Station 5303 Collins Avenue 042.0 Feinberg Fisher K-8 601 14`1 Place 1
#3 Center School
024.0 Nautilus Middle School 4301 N. Michigan 043.0 Miami Beach Police 1100 Washington
Avenue Department Avenue
025.0 St.Johns on the Lake 4760 Pine Tree Drive 044.0 South Pointe Park 1 Washington
Methodist Church Community Center Avenue
028.0 Temple Beth Sholom 4144 Chase Avenue - 047.0 Rebecca Towers 200 Alton Road
029.0 North Beach Elementary 4100 Prairie Avenue 048.0 Rebecca Towers 200 Alton Road
School
030.0 Miami Beach Botanical 2000 Convention
Garden Center Drive
Please note that the above list is subject to change,if needed. •
The voting precincts for the November 4, 2014 City of Miami Beach Special Election shall be as established by the proper and appropriate
Miami-Dade County election officials. On Election Day, all electors shall vote at the polling places and the voting precincts in which the
official registration books show that said electors reside. Please note that the above list is subject to change. All questions concerning polling
places and voting precincts should be directed to Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172;
Telephone: 305.499.VOTE(8683)or 305.499.8480 TYY.
Rafael E.Granado,City Clerk
City of Miami Beach
EXHIBIT A
MAMBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY COMMISSION
MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J. AGUI .\ —
CITY ATTORNEY
DATE: September 2, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2015
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION
ASKING WHETHER THE FLOOR AREA RATIO (FAR) FOR THE "OCEAN
TERRACE OVERLAY DISTRICT," WITH AN UNDERLYING ZONING
DESIGNATION OF "COMMERCIAL DISTRICT-2" ("CD-2") AND "MIXED
USE ENTERTAINMENT DISTRICT" ("MXE"), BE INCREASED FROM A
MAXIMUM 2.0 FAR TO A MAXIMUM 3.0 FAR FOR RESIDENTIAL AND
HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
COMMERCIAL USES; WHICH OCEAN TERRACE OVERLAY DISTRICT IS
LOCATED BETWEEN 73RD AND 75TH STREETS, COLLINS AVENUE, AND
OCEAN TERRACE?
Pursuant to the request of City Commissioner Joy Malakoff, the attached Resolution has
been prepared calling for a City of Miami Beach Special Election to be held on November 3,
2015 for the purpose of submitting to the City's voters the following question:
Shall the Floor Area Ratio (FAR) for the "Ocean Terrace Overlay District,"
located between 73rd and 75th Streets, Collins Avenue, and Ocean Terrace,
which has underlying zoning designation of "Commercial District-2" ("CD-
2") and "Mixed Use Entertainment District" ("MXE"), be increased from a
maximum of 2.0 FAR to a maximum of 3.0 FAR for residential and hotel
uses only, and allow no far increase for commercial uses?
Agenda Item Pt7 C
Date 4'-.1-1
Pursuant to the City Charter Section 1.03(c), the City is required to hold an election and
obtain a majority vote of the electorate in order to authorize any increase in the Floor Area Ratio
(FAR) of any property. The City is seeking to create the "Ocean Terrace Overlay District," which
district is located between 73rd and 75th Streets, Collins Avenue, and Ocean Terrace. The
underlying properties are zoned Commercial District 2 (CD-2) and Mixed Use Entertainment
(MXE), and currently have a maximum FAR of 2.0. The proposed FAR increase of 1.0, from a
maximum FAR of 2.0 to 3.0, would be restricted to residential and hotel uses and could not be
utilized for commercial/retail uses.
Finally, pursuant to directive of the Miami-Dade County Elections Department, the
final date by which the City may adopt its Resolution placing a ballot measure on the
November 3, 2015 ballot is September 4, 2015. Accordingly, this matter is timely
presented to the City Commission and adoption of the attached Resolution may take place
at today's meeting.