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Resolution 2020-31351RESOLUTION NO. 2020-31351 A RE SOLUTION OF THE MAYOR AND CITY COMMISSION OF TH E C IT Y O F MIAMI BEACH, FLORIDA, CALLING FOR A NO V EM BER 3, 2020 SPECIAL ELECTION, FOR THE PURPOSE O F S UB M ITT IN G TO TH E E LECTORA TE OF THE CITY OF MIAMI BE A C H , FLO R ID A A B A LLO T Q U ESTION ASKING W H E T H ER TH E CITY COMMISSION SHALL ADOPT AN ORDINANCE AUTHORIZING THE RECONSTRUCTION OF ORIGINAL FLOOR PLA TES WITHIN THE INTERIOR OF AN HISTORIC BUILDING, AS PART OF THE RESTORATION OF THE BUILDING. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AS FOLLOWS: 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, 2020, 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 voting precincts in the City of this 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.' ' Pursuant to City Code Section 38-3(b), "[t]he City Clerk shall further publish, in a newspaper m eeting the requirem ents se t fo rt h in Florida S tatutes § 50.031 and on the City's website, the polling places fo r the election tw ice, once in the third week and once in the first week prior to the week in which th e election is to be hel d ." Page 1642 0f 2461 S E C T IO N 4 . Not fewer than thirty 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 publicat ion 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 N O T IC E OF SPECIAL E L E C T IO N 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 NOVEMBER 3, 2020 AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DUL Y REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: O rdin ance authorizing reco nstructio n of orig in al flo o r plates w ith in interio r of histo ric building s Floor area ratio ("FAR") is used by City to regulate the overall size of a building. Currently. new floor area cannot be added to the interior of historic buildings that have no available floor area, unless City's voters approve an FAR increase, under Charter Section 1.03(c). Shall City adopt Ordinance authorizing reconstruction of original interior floor plates as part of restoration of historic buildings, if such floor plates were removed prior to June 4, 1997? YES ----- NO ----- 2 Page 1643 of 2461 The Notice shall further set forth pertinent inform ation regarding eligibility of electors to participate in this Election. SECTION 6. That the official ballot to be used in the Special Election to be held on November 3, 2020, hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT Ordinance authorizing reconstruction of original floor plates within interior of historic buildings Floor area ratio ("FAR") is used by City to regulate the overall size of a building. Currently, new floor area cannot be added to the interior of historic buildings that have no available floor area, unless City's voters approve an FAR increase, under Charter Section 1.03(c). Shall City adopt Ordinance authorizing reconstruction of original interior floor plates as part of restoration of historic buildings, if such floor plates were removed prior to June 4, 1997? 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 goveming 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 3 Page 1644 of 2461 M ia mi -D a d e C o un ty. Th e M iam i-D a d e C o u nt y S up er vi s or of El e ct i o n s wi ll re gi st er v o ter s fo r this S p e c ia l E le c tio n u n til 5 :0 0 p .m . o n M o n d a y , O c to b e r 5 , 20 2 0 . A ll p e rs o n s e lig ib le to v o te a t th is S p e ci a l E le c tio n m u s t b e re g is te re d b e fo re th e tim e a n d d a te s e t fo rt h h e re in o r h a v e re g is te re d p re v io u s ly , a s p ro v id e d b y 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 Department. Alt questions concerning voter registration should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That voters participating via a Vote-by-Mail ballot in this 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 such voting. Al questions concerning Vote-by-Mail ballots should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172; Telephone:(305) 499-VOTE (8683). 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 this Resolution or of the ballot measure set forth above in this Resolution 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 Resolution or ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this l7 day or Jul> 2 . , 2020 ATTEST: Ls. Rafael E. Grad, city clerk Mayor Dan Gelber APPROVEDASTOFORMAND LANGUAGE AND FOR EXECUTION flus st[zoo 4 Page 1645 of 2461 C ity A tt o rn e y D a te NOVEMBER 3, 2020 CITY OF MIAMI BEACH SPECIAL ELECTION: BALLOT QUESTION BALLOT QUESTION: Ordinance authorizing reconstruction of original floor plates within interior of historic buildings Floor area ratio ("FAR") is used by City to regulate the overall size of a building. Currently, new floor area cannot be added to the interior of historic buildings that have no available floor area, unless City's voters approve an FAR increase, under Charter Section 1.03(c). Shall City adopt Ordinance authorizing reconstruction of original interior floor plates as part of restoration of historic buildings, if such floor plates were removed prior to June 4, 1997? YES NO 5 Page 1646 of 2461 Resolutions -R7 F MIAMI BEAC H COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 29, 2020 SUBJECT: PROPOSED BALLOT MEASURES PERTAINING TO FLOOR AREA RATIO ("FAR") -- NOVEMBER 3, 2020 ELECTION 1. RECONSTRUCTION OF ORIGINAL FLOOR PLATES WITHIN CONTRIBUTING BUILDINGS A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2020 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE AUTHORIZING THE RECONSTRUCTION OF ORIGINAL FLOOR PLATES WITHIN THE INTERIOR OF AN HISTORIC BUILDING, AS PART OF THE RESTORATION OF THE BUILDING. 2. FAR INCREASE FROM 1.5 TO 3.25 FOR WOLFSONIAN ARTS DISTRICT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2020 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE INCREASING FLOOR AREA RATIO (FAR) FROM 1.5 TO A MAXIMUM OF 3.25 FOR PROPERTIES WITHIN THE PROPOSED WOLFSONIAN ARTS DISTRICT, GENERALLY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON AVENUE AND 10TH STREET, AND LOCATED WITHIN THE CO-2 ZONING DISTRICT. 3. EXPAND LIST OF FAR EXCEPTIONS TO ADDRESS CITY, BUILDING, AND LIFE SAFETY CODE REQUIREMENTS A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2020 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORA TE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE EXCLUDING CERTAIN SPECIFIED AREAS OF A BUILDING FROM THE CALCULATION OF "FLOOR AREA." Page 1638 of 2461 RE C OM M E ND AT ION The Administration recommends that the City Commission adopt the attached Resolutions calling for a Special Election on November 3, 2020 and submit the corresponding ballot questions to the City's voters pertaining to increases in floor area ratio (FAR). BAC KG RO UN D/H I STOR Y City Charter Section 1.03(c) provides that "the floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means, ... 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 City of Miami Beach." Accordingly, the approval of the City's voters is required prior to enacting any amendment to the Land Development Regulations (LDRs) that increases a property's zoned FAR, or has the effect of increasing FAR. The following three LDR amendments, which increase FAR or have the effect of increasing FAR, have been placed on the July 29, 2020 City Commission agenda for First Reading. The Second Reading and adoption of each amendment would be subject to, and conditioned upon, the approval of the City's voters on November 3, 2020: 1. The reconstruction of original floor plates with contributing buildings that are legal non- conforming as to FAR. This item, which was sponsored by Mayor Dan Gelber, was referred to the Planning Board on June 24, 2020. The Planning Board is scheduled to review and transmit the item to the City Commission on July 27, 2020. 2. The Wolfsonian-FIU Expansion, including an increase in the maximum FAR from 1.5 to 3.25. This item, which was sponsored by Commissioner David Richardson, was referred to the Planning Board on May 13, 2020. On June 23, 2020, the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation. 3. Expanding the list of FAR Exceptions under Sec. 114-1 of the LDRs to address evolving city, building and life safety codes. This item, which was sponsored by Mayor Dan Gelber, was referred to the Planning Board on May 13, 2020. On June 23, 2020, the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation. ANALYSIS Each of the attached Resolutions calls for a Special Election to approve a ballot question pertaining to FAR. As a companion item to each ballot question, a corresponding Ordinance has been placed on the July 29, 2020 City Commission meeting agenda for First Reading. The Resolutions calling for a Special Election are scheduled to be heard on July 29th, prior to First Reading of the corresponding Ordinances. Second Reading and adoption of each Ordinance would be scheduled after November 3, 2020, pending the election results. The following is a general summary of each of the ballot questions. 1. Reconstruction of original floor plates within interior of contributing buildings that are legal non-conforming as to FAR. The proposal would amen d Chapter 118, Article IX of the LDRs, in order to allow the Historic Preservation Board to approve the reconstruction of original, interior floor plates, as part of the Page 1639 of 2461 re sto ratio n of a co ntri b uti ng bu ild ing . F o r exa m p le , if a co ntri b ut ing bu ild ing th a t is le g a l no n- c o nf o rm ing as to F A R so ug ht to re c o n s tru ct o rig ina l inte rio r flo o rs tha t we re pre vi o us ly re m o ved , t he H P S c o u ld a ll o w f o r t h e re c o n s t ru c t io n o f t h o s e f lo o rs , as p a rt o f a re s to ra tio n pro je c t. T his is n o t p o s s ib le u n d e r t h e c u rre n t re g u la tio n s in the C o d e . T h e d raft re g u la ti o n s wo u ld o n ly a p p ly t o e xi s ti ng s tru c t u re s th at are classified as 'contributing' in the City's historic properties database, and which are located wit hi n a locally designated historic district. Additionally, the reconstruction of the original floor plates would be subject to the review and approval of the HPB and would only be allowable for interior floor plates removed prior to June 4, 1997. The reason for establishing this date is so the applicability of the provision would be limited to those floor plates removed prior to the date of approval of the first City Charter amendment requiring voter approval of increases in FAR. (NOTE: The Planning Board is scheduled to review and transmit this item to the City Commission on July 27, 2020; the Administration will update the Commission on the action of the Planning Board on the floor.) 2. The Wolfsonian-FIU Expansion, including an increase in the maximum FAR from 1.5 to 3.25. In November 2004, as part of the Building Better Communities General Obligation Bonds (BBC-GOB), Miami-Dade County voters approved 10 million dollars for The Wolfsonian-FIU to add 25,000 square feet of new publicly accessible space. As a result, the Wolfsonian-F IU is proposing a renovation and expansion of its existing Museum at 1001 Washington Avenue. Due to the amount of floor area used for the main structure in the ear1y 1990's, coupled with the citywide downzoning in the late 1990's, the site of the Wolfsonian-FI U is legal non-conforming in tenns of allowable FAR. In order to accommodate the proposed expansion, an LDR amendment has been drafted, establishing the Wolfsonian Arts District and increasing the maximum FAR to 3.25. A companion Comprehensive Plan amendment to establish the Wolfsonian Arts District on the future land use map and increase the FAR within the district is also proposed. 3. Expanding the list of FAR Exceptions under Sec. 114-1 of the LDRs. The following are the proposed new exclusions from the calculation of floor area to address evolving City Code, Florida Building Code, and Life Safety Code requirements: a. Bicycle Parking. Currently, required automotive parking is exempt from inclusion as floor area, and up to two vehicular parking spaces may be provided per apartment unit, without counting as floor area. Further, in most districts where the City has reduced the vehicular parking requirements, parking may still be provided in most cases in accordance with the regulations for Parking District No. 1, whi ch generally has the highest parking requirements. A typical parking space, including half of the abutting drive occupies an area of approximately 250 square feet, whereas the same area could easily accommodate more than 10 bicycles. b.Stairwells and elevators above main roof decks. The area of two typical stairwells and a typical elevator at one level is approximately 500 square feet. While such area is minimal, its exception the calculation of floor area would be especially beneficial to existing buildings that are currently non-conforming as to FAR. Additionally, many older buildings may have only one Page 1640 of 2461 stair to the roof. In ord er to add a ro oftop deck or pool, Building and Li fe-Saf ety Code requirements must be satisfied, wh ich usually require s two stairs as well as an accessible means of vertical access (an elevator). Such an exception would allow these non-conforming buildings to add desirable roof-top amenities. c. FPL electrical transformer vaults. These vault rooms, when required, have become increasingly larger, and often include additional infrastructure required by FPL to serve neighboring properties. Their location within an enclosed building is preferable to an exterior pad-mounted option. The typical area needed for a vault is 300-500 square feet depending on the size of the project. This FAR exception would be most beneficial for existing buildings undergoing renovations, which may otherwise need to remove a hotel room or other space to accommodate for the required area for the FPL vault. d. Eire control rooms and related public safety spaces. not accessible to the general public. Such control rooms are important life-safety requirements for larger projects and were not standard requirements decades ago. The typical area occupied by these rooms is 300-500 square feet. CONCLUSION The Administration recommends that the City Commission adopt the attached Resolutions calling for a Special Election on November 3, 2020 and submit the corresponding ballot questions to the City's voters pertaining to increases in floor area ratio (FAR). Applicable Area Citywide ls this a."Residents Right to Kn ow" item, pursuant to City Code Section 2-147 Yes Legislative Tracking Planning/Office of the City Attorney Does this jtem utilize G.,O, Bond Funds? No AITA CHMENTS; Description Resolution 1 - Historic Floorplates ci Resolution 2- Wolfsonian Arts District Resolution 3- FAR Exceptions Page 1641 of 2461