LTC 311-2020 November 3, 2020 Special Election Voter's GuideMIAMI BEACH
OFFICE OF THE CITY CLERK
NO. 311-2020 LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Dan Gelber and Members of the City J ommission
Rafael E. Grana do, ciy clerk "2T
September 11, 2020
NOVEMBER 3, 2020 SPECIAL ELECTION VOTER'S GUIDE
Attached please find the final draft of the November 3, 2020 City of Miami Beach Special
Election Voter's Guide.
The purpose of this Voter's Guide is to provide objective and impartial explanations of
ballot questions, so that City voters may, in casting their votes, be more informed with the
City issues presented to them at the polls.
The Voter's Guide was prepared by the Office of the City Attorney and the Office of the
City Clerk, and has been edited by the City Clerk to ensure objective and impartial
explanations of the ballot questions.
If approved by the City Commission on September 16, 2020, the Voter's Guide will be
published in both English and Spanish, mailed to all voter households in Miami Beach,
and will be posted on the City's Elections webpage.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
Attachment
F:\CLER\CLER\000_ELECTION\000000 2020 SPECIAL ELECTION\L TCs\Voter's Guide.docx
V O T E R 'S G U ID E
C IT Y O F M IA M I B E A C H
N O V E M B E R 3 , 2 0 2 0 S P E C IA L E L E C T IO N
G E N E RA L IN F O R M A TI O N -- D A T E S:
O c t o b e r 5 , 2 0 2 0 : Deadline to register to vote.
October 19, 2020 through November 1, 2020 -7 a.m. to 7 p.m.: Early Voting. Vote at any of
the Miami-Dade County Early Voting sites, including the two sites located in the City of Miami
Beach:
• Miami Beach City Hall (First Floor Conference Room), 1700 Convention Center Drive, Miami
Beach; and
• North Shore Branch Library, 7501 Collins Avenue, Miami Beach
Early Voting sites open at 7 a.m. and close at 7 p.m., from Monday, October 19 to Sunday
November 1, 2020.
For additional Early Voting sites in Miami-Dade County, contact the Miami-Dade County Elections
Department at 305.499.VOTE (8683) or 305.499.8480 (TTY), or visit their website at
www.iamelectionready.org and select "Early Voting."
October 24, 2020 by 5 p.m.: Deadline by which the Miami-Dade County Elections Department
must receive your request for a Vote-By-Mail ballot. Any registered Miami-Dade County voter can
request to Vote-by-Mail by going online at www.iamelectionready.org and selecting "Vote-by-Mail"
or by calling 305.499.VOTE (8683) or 305.499.8480 (TTY).
November 3, 2020 -7 a.m. to 7 p.m.: Election Day. Vote at the designated precinct printed on
your Voter Information Card issued by Miami-Dade County. To find your precinct, contact the
Miami-Dade County Elections Department at 305.499.VOTE (8683) or 305.499.8480 (TTY), or
visit their website at www.iamelectionready.org and select "General Election."
PURPOSE OF THIS VOTER'S GUIDE:
During the November 3, 2020 General Election, the City of Miami Beach will be conducting a
Special Election for the purpose of submitting six ballot questions to the City's voters. The City's
ballot questions, as set forth herein and followed by a brief explanation, will appear on the
November 3, 2020 ballot, following any Federal, State, or County issues.
The purpose of this Voter's Guide is to provide objective, impartial, and fact-based explanations
of the City's ballot questions, so that City voters may, in casting their votes, be more informed
with respect to the City issues presented to them at the polls. The explanations are intended to
provide general information, and members of the public seeking further information may contact
the Office of the City Clerk at 305.673. 7 411 or visit the City Clerk's website at
https :/ /www. miam ibeachfl. gov/city-hall/city-clerk/ election-information/.
Additional information regarding voter registration, Vote-By-Mail, Early Voting, finding your
precinct, and how to obtain a customized sample ballot may be obtained by visiting the Miami-
Dade County Elections Departm ent webpage at www .iam electionready.org or by calling
305.4 99.V OTE (8683) or 305.4 99.8480 (TTY).
Ballot Question 1
Approval of use of $55,000,000 from sale of City property for Marina Park Project
If voters approve City's sale to Marina Park Residential, LLC of 0.3 acres of property and air rights
over 300-390 Alton Road for the residential component of the Marina Park Project, shall the City
Commission use the $55,000,000 in sale proceeds, solely for the following public purposes:
• resiliency and sustainability initiatives,
• affordable/workforce/teacher housing,
• programs to benefit the elderly, or
• increasing City's budgetary reserves, impacted due to the COVID-19 pandemic?
Explanation of Ballot Question 1
The City is the owner of the property at 300-390 Alton Road, which is currently leased for the
operation of the Miami Beach Marina through 2052, under a Lease Agreement originally executed
in 1983.
On July 29, 2020, the Mayor and City Commission approved the various agreements relating to
the Marina Park Project, including a new Lease Agreement, that would upgrade and replace the
existing Miami Beach Marina facilities, (including the existing building) with a new Marina building.
The proposed Marina Park Project, which would be designed by internationally renowned
architect Bjarke Ingels, would include:
(1) a new Marina building with approximately 45,000 square feet of accessory restaurant, retail
and office space, for the continued operation of the Miami Beach Marina;
(2) a ground-level 1.0-acre public bayfront park, which will be owned and controlled by the City,
as well as resiliency improvements and other enhancements, including improvements to the
Baywalk and Alton Road right-of-way adjacent to the property; and
(3) a private residential tower consisting of approximately 275,000 square feet, with up to 60
residential units and a maximum height of 385 feet.
In Resolution No. 2020-31344, the City Commission approved the City's sale to Marina Park
Residential, LLC ("Marina Park Residential"), of up to 0.3 acres of the 3.51 acre marina property,
and air rights over, 300-390 Alton Road, for the 275,000 square foot residential component of the
Marina Park Project referenced above. Marina Park Residential, one of the entities that will
develop the Marina Park Project, is an entity controlled by Mr. David Martin, a principal of Terra
International Developments, LLC.
In consideration for the City's sale of the 0.3-acre property and air rights, the City would receive
$55 million in cash proceeds, as well as additional non-cash consideration, consisting of $22.5
million in Marina facility improvements and other public benefits, including delivery to the City of
a completed 1.0-acre public bayfront park and resiliency enhancements as part of the Marina
Park Project.
P u r s u a n t to S e c tio n 1 .0 3 (b )(1 ) o f th e C ity C h a rt e r, th e s a le o f p ro p e rt y a n d a ir rig h ts to M a rin a
P a r k R e s id e n tia l re q u ire s a p p ro v a l b y a m a jo rity o f th e v o te rs v o ti n g in a C ityw id e re fe re n d u m
(S e e E x p la n a tio n o f B a ll o t Q u e s tio n 2 b e lo w ).
If the voters approve Ballot Question 2 below, and thereby approve the City's proposed
sale of property and air rights to Marina Park Residential, the City will receive the $55
million in cash proceeds, in required installments, over a specified period of time, in
accordance with the Purchase and Sale Agreement with Marina Park Residential approved
in Resolution No. 2020-31344.
This Ballot Question 1, if passed, requires the City Commission to use the $55 million the City will
receive from the sale of property and air rights, solely for the following public purposes:
• resiliency and sustainability initiatives,
• affordable/workforce/teacher housing,
• programs to benefit the elderly, and/or
• increasing City's budgetary reserves, impacted due to the COVID-19 pandemic
If passed, this Ballot Question 1 would commit the City to dedicate the $55 million for public
programs or projects addressing the above public purposes. With respect to the timing for the
expenditure of funds, in Resolution No. 2020-31350, the City Commission determined that all
deposits and installment payments (in the aggregate amount of $15 million) received from the
sale would first be applied toward increasing the City's budgetary reserves, until such time as all
deposits and installment payments become non-refundable, in accordance with the terms of the
agreements for the Marina Park Project.
Once all deposits become non-refundable, the City Commission unanimously agreed that each
of the above remaining categories (namely, resiliency and sustainability, affordable/workforce
housing, and programs to benefit the elderly) shall be guaranteed a minimum funding allocation
of $5 million each, to ensure that not less than $5 million is expended for programs or projects
within each of the above-referenced categories. Each specific program or project expenditure will
be subject to approval by the City Commission.
FOR ADDITIONAL INFORMATION, INCLUDING A COPY OF THE MARINA PARK PROJECT
AGREEMENTS AND CITY COMMISSION RESOLUTIONS 2020-31343 THROUGH 2020-
31350, PLEASE VISIT THE CITY'S WEBSITE AT https://www.miamibeachfl.gov/city-hall/city-
clerk/election-information/, OR CONTACT THE OFFICE OF THE CITY CLERK AT 305.673. 7 411.
Ballot Question 2
City Charter approval of sale of City property and air rights for Marina Park Project
Should City sell 0.3 acres of property, and air rights over, 300-390 Alton Road, to Marina Park
Residential, LLC, to develop the 275,000 square foot residential component of Marina Park
Project, requiring, per Resolution 2020-31344:
• $55,000,000 payment to City,
• $22,500,000 in new m arina facility im pro vem ents and additional public benefit s,
incl uding 1.0 acre public park and resiliency enhancem ents, and
• Pro ject restrictions of 385 feet in height and m axim um of 60 residential units?
Explanation of Ballot Question 2
The City is the owner of the property at 300-390 Alton Road, which is currently leased for the
operation of the Miami Beach Marina, until 2052.
In Resolution No. 2020-31343, the City Commission approved a Development Agreement for the
design, development and construction of the proposed Marina Park Project. The proposed Marina
Park Project, which would be designed by internationally renowned architect Bjarke Ingels, would
include:
(1) a new Marina building with approximately 45,000 square feet of accessory restaurant, retail
and office space, which will be owned by the City and leased for the continued operation of
the Miami Beach Marina, and
(2) a ground-level 1.0-acre public bayfront park, which will be owned and controlled by the City,
as well as resiliency improvements and other enhancements, including improvements to the
Baywalk and Alton Road right-of-way adjacent to the property; and
(3) a private residential tower with up to 60 residential units and approximately 275,000 square
feet, with a maximum height of 385 feet, to be constructed on up to 0.3 acres of the 3.51 acre
marina property, and air rights over, 300-390 Alton Road (the "Residential Parcel").
The developer of the Marina Park Project will be responsible for all costs and expenses to
develop, design and construct the entire Marina Park Project, including all public benefits and the
1.0-acre new public bayfront park. The Developer is, jointly and severally, Marina Park
Residential, LLC (the purchaser of the Residential Parcel), and its affiliate, Marina Park
Commercial, LLC (the entity responsible for the 45,000 square foot commercial portion of the
Project). Both of the Developer entities are controlled by Mr. David Martin, a principal of Terra
International Developments, LLC. For more details as to the lease for the commercial portion of
the project, see Explanation of Ballot Question 3.
In Resolution No. 2020-31344, the City Commission approved the City's sale of the Residential
Parcel to Marina Park Residential, LLC, for the residential component of the Marina Park Project.
Under the terms of the Purchase and Sale Agreement approved in Resolution No. 2020-31344,
the City would receive $55 million for the sale of the Residential Parcel, payable to the City in
required installments discussed more fully below.
Section 1.03(b)(1) of the City Charter requires approval, by a majority of the voters voting in a
Citywide referendum, of any sale of park, recreation or waterfront property, including the
waterfront property that is the subject of this Ballot Question. Accordingly, pursuant to Section
1.03(b)(1) of the City Charter, the sale of the Residential Parcel to Marina Park Residential, LLC
requires approval by a majority of the voters voting in a Citywide referendum.
This Ballot Question 2, if passed by a majority of the voters, would allow the City to sell the
Residential Parcel to Marina Park Residential, LLC. If approved by the voters, the Closing would
take place on March 15, 2021, with the City to receive the $55 million, in the following required
installments, with the balance of the purchase price secured by a First Mortgage on the
Residential Parcel, in favor of the City:
• $5 million at the Closing on March 15, 2021;
• $5 million, on or before Jan uary 1, 2022;
• $5 million, on or before September 1, 2022; and
• $40 million, due on the date all conditions precedent to commencement of construction of the
Marina Park Project have been satisfied.
In addition to the cash purchase price of $55 million, Developer will spend a minimum of $22.5
million in specified capital improvements to the property, including:
• public park improvements;
• resiliency enhancements;
• public Bayw alk enhancements;
• Alton Road right-of-way enhancements; and
• delivery of the new Marina building, retail and Art in Public Places enhancements, which
commitments are memorialized in the Development Agreement.
As the sale of the Residential Parcel and the related lease of City property, which is the subject
of Ballot Question 3 below are each subject to approval by a majority of the voters voting in a
Cityw ide referendum pursuant to the City Charter, the Closing would not take place, and no aspect
of the proposed Marina Park Project would proceed, unless a majority of the voters approve both
the sale of the Residential Parcel and the lease of property.
FOR ADDITIONAL INFORMATION, INCLUDING A COPY OF THE MARINA PARK PROJECT
AGREEMENTS AND CITY COMMISSION RESOLUTIONS 2020-31343 THROUGH 2020-
31350, PLEASE VISIT THE CITY'S WEBSITE AT https://www.miamibeachfl.gov/city-hall/city-
clerk/election-information/, OR CONTACT THE OFFICE OF THE CITY CLERK AT 305.673.7411.
Ballot Question 3
City Charter approval of lease of City property for operation of Miami Beach Marina
Should City lease 3.51-acre property at 300-390 Alton Road, and 38-acre submerged lands in
Biscayne Bay south of 5" Street, to MB Marina Park, LL C, for 99 years, requiring , per Resolution
2020-31345:
• $40,000,000 in new improvements for marina operations,
• delivery of 1.0 acre public park to City, and
• rent to City, greater of: guaranteed rent ($16,400,000 in first ten years, adjusted thereafter) or
percentage of marina's revenues annually?
Explanation of Ballot Question 3
The City is the owner of the property located at 300-390 Alton Road. The City also holds a
leaseh old interest in the 38 acre subm erged land s area in Biscayn e Bay, south of 5" Street
("Submerged Land Lease"), which is leased to the City and the Miami Beach Redevelopment
A gen c y ("RD A") by th e B o a rd of T ruste e s of the In te rn a l Im p rove m ents T rust F u n d of the S tate of
F lo rid a , fo r th e o p e ra tio n of th e M ia m i Be a c h M arin a.
In R e so lu tio n N o. 20 2 0 -3 13 4 3, th e C ity C o m m is sio n ap p ro ve d a D e ve lop m ent A gree m ent fo r the
de sig n , de v e lo p m e n t an d co n structio n of th e pro po se d M arina Pa rk Pro je ct. T he pro po se d M a rin a
P a rk P roje ct, w h ic h w o u ld be de sig n e d by re n o w ne d architect B ja rke In g els, w o uld in cl u de :
(1) a ne w M a rin a bu ild in g w ith ap p ro x im a te ly 4 5 ,0 0 0 sq u a re fee t of acce ssory co m m e rcia l spa ce
(re sta u ra n t, re ta il an d off ice sp a ce ), w h ic h w ill be ow ne d by the C ity an d le a se d fo r the
co n tin u e d o p e ra tio n of the M ia m i Be a c h M arin a , and
(2 ) a gro u n d -le v e l 1.0 -a c re pu b lic ba yf ro n t pa rk, w h ic h w ill be ow n e d an d co ntro lle d by the C ity,
a s w e ll a s re s ilie n c y im p ro ve m e n ts a n d oth er en ha ncem e nts, in cl u d in g im p ro ve m ents to the
B a yw a lk a n d A lto n R o a d rig h t-o f-w a y adja c e nt to the pro pe rty, as w e ll as re ta il and A rt in
P u b lic P la c e s e n h a n c e m e n ts; an d
(3 ) a priv a te re s id e n tia l to w e r w ith up to 60 re sid entia l un its and ap p roxim a te ly 27 5 ,00 0 sq u a re
fe e t, w ith a m a x im u m he ig h t of 38 5 fe e t, to be co nstructed on up to 0 .3 acres of the 3.51 acre
m a rin a pro p e rt y , a n d a ir rig hts ove r, 30 0 -3 9 0 A lto n R oad (the "R e sid enti al Par c el").
In R e so lu tio n N o . 2 0 2 0 -3 13 4 4, th e C ity C o m m iss io n ap p ro v ed the sa le of the R e sid entia l P a rce l
to M a rin a P a rk R e sid e n tia l, LL C , fo r th e re s id entia l com p o n e nt of the M arin a Pa rk Pro je ct, w ith
the C ity to re c e iv e $5 5 m illio n in ca s h pa ym ents fo r th e sa le, a lo n g w ith ad d itio na l no n -cash
co n sid e ratio n . See E x p la n a tio n of Ba llo t Q u e stion 2, ab o v e .
In R e so lu tio n N o . 20 2 0 -3 13 4 5 , the C ity C o m m is s io n ap p ro ve d the C ity's ne w le a se to M B M arin a
P a rk, LL C ("M B M ar ina P a rk"), of the C ity 's 3 .5 1 ac re pro perty at 30 0 -3 9 0 A lto n R oa d an d 38 -
a c re su bm e rg e d lan d s in Bi sca yn e Ba y sou th of 5" S tre e t (c olle ctively, th e "Le a se d Pr em ise s").
T h e ne w le ss e e , M B M a rin a Pa rk, is a n e n tity co ntro lle d by S un te x M arin a In ve stors, LL C
("S u n te x"), a n affi lia te of M ia m i Be a ch M arin a A ssociate s , Lt d ., the curre nt le sse e of the M ia m i
B e a c h M a rin a .
S e ctio n 1.0 3 (b )(1) of the C ity C h a rt e r re q u ire s a p p ro val, by a m ajo rity of the vote rs votin g in a
C ityw id e re fe re n d u m , of a n y le a se e x ce e d in g te n (10 ) yea rs of pa rk, recre a tio n or w ate rf ro nt
pro p e rt y , in c lu d in g the w a te rf ro n t pro p ert y tha t is the subje ct of this Ba llo t Q u e stio n . A cco rdin g ly,
pu rsu a n t to S e ctio n 1.0 3 (b )(1) of the C ity C h art e r, the le a se of the Le a se d Pre m ise s to M B M arin a
P a rk re q u ire s a p p ro v a l by a m a jo rity o f th e vo ters vo tin g in a C ityw ide refere n d u m .
T h is B a llo t Q u e stion 3 , if pa sse d by a m a jo rity of the vo te rs, w o u ld allo w the C ity to le a se the
Le a se d P re m is e s to M B M a rin a P a rk . T h e ne w le a se to M B M a rin a Pa rk w o u ld co m m e n ce on
Jan u ar y 1, 2 0 2 2 (fo llo w in g the exp ira tio n of th e ex istin g le a se ), fo r a te rm of nin e ty-nin e (9 9 ) ye a rs.
E x ce p t w ith re s p e ct to a fo u r ( 4 ) ye a r co n stru ction perio d , the ne w le a se w ill in cl u d e rent pa ym ents
to the C ity co n s istin g o f the greater of e ith e r: (i) $1,90 0 ,00 0 , adju ste d an n u a lly by C P I (the
M in im u m A n n u a l G u a ra n te e d R e nt); o r (ii) 10 % of the gro ss reve n u e s rece ived by Le sse e or its
affi lia te s w ith re s p e c t to the o p e ratio n of th e Le a se d Pre m ise s , $.0 4 pe r ga llon fo r all fue l sa le s,
a n d 35 % of re ve n u e s ge n e ra te d fr o m parkin g. D u rin g the fo ur (4) ye a r co n structio n pe rio d , the
C ity w o u ld re c e iv e "C o n stru ctio n R e n t'' co n sistin g of the greater of e ither: (i) $1,25 0,0 0 0 , adju sted
a n n u a lly by C P I o r (ii) P e rce nta g e R e n t o f 7 .5 % of g ro ss rece ip ts.
In addition to the rent paym ents set fo rth above, at the expiration of the current Subm erged Land
Lease, M B M arina Park w ill be responsible to pay 50% of any increases to the Subm erged Land
L e a s e re n t fo r a n y e x te n d e d or new Subm erged Land Lease (based on a CPI fo rm ula set forth in
th e L e a s e ), u p to a c a p o f $7 5 0 ,0 0 0 p e r y e a r .
T h e n e w le a s e c o n te m p la te s th e c o n s tr u c tio n o f th e n e w M arina building, consisting of the 45,000
s q u a r e fo ot com m ercial com ponent of the M arina Park Pro ject that w ill incl ude restaurant, retail
and office space, to be constructed as the podium structure undern eath the residential portion of
the M arina Park Project pursuant to the Developm ent Agreem ent referenced above.
Under the term s of the new lease, M B M arina Park w ill be required to im plem ent an additional
$40 m illion in capital im provem ents fo r the operation of the m arina ("M arina Im provem ents"), w ith
$15 m illion to be expended in years 1-10, $12.5 m illion in years 11-20, and $12.5 m illion in years
21-35; if the m inim um spends cannot be tim ely com pleted w ithin the tim e periods above, M B
M arina Park shall be required to escrow all unspent am ounts w ith the City, w ith the escro w ed
funds to be spent on M arina Im provem ents in the next period.
The new lease also includes specific M arina Standards fo r a "w orld-class" m arina, w ith
consolidated operations and m aintenance obligations, and w ith the new lease further pro viding
fo r th e C ity 's rig h t to re ta in a third-party consultant to update the M arina Standards every 10 years
to e n s u r e w o r ld -c la s s s ta n d a r d s a re m a in ta in e d o v e r th e life o f th e n in e ty -n in e (9 9 ) y e a r te r m o f
th e N e w L e a s e .
U p o n th e c o m p le tio n o f th e 1 .0 -a c r e p u b lic b a yf ro n t p a r k a s p a rt o f th e c o n s tr u c tio n o f th e M a r in a
P a r k P roje c t in a c c o rd a n c e w ith th e D e v e lo p m e n t A g r e e m e n t, th e n e w le a s e w il l b e a m e n d e d to
e x c lu d e th e c o m p le te d p u b lic p a r k fr o m th e b o u n d a r ie s o f th e L e a s e d P re m is e s , w ith th e C ity to
th e r e b y o w n a n d c o n tro l th e p u b lic p a r k , s e p a r a te fr o m th e L e a s e d P re m is e s , a s a p u b lic p a r k fo r
th e b e n e fit o f th e g e n e r a l p u b lic .
A s th e p r o p o s e d le a s e o f th e L e a s e d P re m is e s a n d th e re la te d s a le o f th e R e s id e n tia l P a r c e l,
w h ic h is th e s u bje c t o f B a ll o t Q u e s tio n 2 a b o v e , a r e e a c h s u b je c t to a p p ro v a l b y a m ajority of the
v o te r s v o tin g in a C ityw id e re fe r e n d u m p u r s u a n t to th e C ity C h a rt e r , th e p r o p o s e d le a s e w ould
n o t ta k e p la c e , a n d n o a s p e c t o f th e p r o p o s e d M a r in a P a r k Pro ject would pro ceed, unless a
m a jor ity o f th e v o te r s a p p r o v e both the sale of the Residential Parcel and the lease of property.
For more information about the sale of the Residential Parcel, see Explanation of Ballot Question
2 above.
FOR ADDITIONAL INFORMATION, INCLUDING A COPY OF THE MARINA PARK PROJECT
AGREEMENTS AND CITY COMMISSION RESOLUTIONS 2020-31343 THROUGH 2020-
31350, PLEASE VISIT THE CITY'S WEBSITE AT https://www.miamibeachfl.gov/city-hall/city-
clerk/election-information/, OR CONTACT THE OFFICE OF THE CITY CLERK AT 305.673. 7 411.
B a ll o t Q u e s ti o n 4
O r d in a n c e a u t h o r iz in g re c o n s t r u c t io n o f o r ig in a l flo o r p la te s w ith in in te r io r o f h is to r ic
b u ild in g 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?
Explanation of Ballot Question 4
The term "floor area ratio" ("FAR") is the measure used under the City's Zoning Ordinance to
regulate the overall size of a building. The Zoning Ordinance establishes a maximum allowable
FAR for each of the City's zoning districts.
Under the City's current regulations, when an existing building exceeds the maximum allowable
FAR for a particular property, no additional floor area may be constructed on the property. A
building would exceed the property's maximum FAR if the land development regulations changed
after the building was constructed.
City Charter Section 1.03(c) provides that "[t]he 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."
This ballot question, if approved by the City's voters, would permit the City Commission to adopt
an Ordinance to incentivize the restoration of historic buildings in Miami Beach. The proposed
Ordinance would authorize the City's Historic Preservation Board to approve the reconstruction
of original, interior floor plates as part of the restoration of historic buildings that otherwise have
no available FAR, if such floor plates were removed prior to June 4, 1997.
For example, if the owner of an eligible building, with no available FAR, sought to reconstruct
original interior floors that were previously removed, the City's Historic Preservation Board could
allow for the reconstruction of those floors, as part of a restoration project. This is not possible
under the current regulations in the City's Zoning Ordinance.
As the addition of any new interior floor area to an existing building with no available floor area
would result in an increase in the property's maximum FAR, this measure must first be approved
by the City's voters pursuant to the City Charter.
Under the proposed Ordinance, a building would only be eligible to request Historic Preservation
Board approval to reconstruct original, interior floor plates if:
• The building is located within a locally designated historic district; and
• The building is listed as "contributing" in the City's Historic Properties Database. A building is
listed as "contributing" in the City's Historic Properties Database if, by its location, scale,
design, setting, materials, workmanship, feeling or association, the building adds to a local
historic district's sense of time and place and historical development; and
• The subject floor plates were removed prior to June 4, 1997 (i.e. prior to the date the City
Charter was first amended to require voter approval to increase FAR).
Except with respect to the addition of original, interior floor plates as part of the restoration of
historic buildings, the proposed Ordinance does not otherwise authorize, or result in any increase
to, the maximum FAR for any property in the City.
If the measure is approved by the City's voters, a Second Reading and Public Hearing on the
Ordinance will be scheduled before the City Commission.
FOR ADDITIONAL INFORMATION, INCLUDING A COPY OF THE PROPOSED ORDINANCE,
PLEASE VISIT THE CITY'S WEBSITE AT https://www.miamibeach fl.gov/city-hall/city-
clerk/election-information/, OR CONTACT THE OFFICE OF THE CITY CLERK AT 305.673. 7 411.
Ballot Question 5
Floor Area Ratio Increase from 1.5 to 3.25 for Proposed Wolfsonian Arts District
Floor area ratio ("FAR") is used by City to regulate the overall size of a building. Any increase to
a property's zoned FAR requires voter approval under Charter Section 1.03(c).
Shall City adopt ordinance increasing FAR from 1.5 to a maximum of 3.25, and limiting maximum
height to 75 feet, for properties within proposed Wolfsonian Arts District, generally located at
northeast corn er of W ashington Avenue and 10th Street, and located within CD-2 zoning district?
Explanation of Ballot Question 5
The term "floor area ratio" ("FAR") is the measure used under the City's Zoning Ordinance to
regulate the overall size of a building.
City Charter Section 1.03(c) provides that "[t]he 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."
Th e W olfsonian-FIU, located at 1001 Washington Avenue, is an accredited non-profit university
art museum and research institution owned and operated by Florida International University, a
public university in Miami-Dade County. In November 2004, as part of the Building Better
Communities General Obligation Bon ds (BBC -GOB ), Miami-Da de County voters approved $10
million fo r The W olfsonian-FIU to add 25,000 square feet of new publicly accessible space to its
existing building. As a result, the Wolfsonian-FIU is proposing a renovation and expansion of its
existing Museum building at 1001 Washington Avenue.
Due to the amount of floor area constructed as part of the main Wolfsonian-FIU Muse um building
in the early 1990s, and following the Citywi de "down zoning" in the late 1990s, there is currently
no available FAR on the site of the Wolfsonian-F IU. Th erefore, no additional floor area may be
added to the Wolfsonian-FIU Museum building site without voter approval.
On July 29, 2020, the City Commission approved, on First Reading, an Ordinance creating the
proposed Wolfsonian Arts District (the "District"), which is generally located at the northeast corner
of Washington Avenue and 10th Street, within the CD-2 commercial, medium intensity zoning
district. The Wolfsonian-FIU Museum is within the boundaries of the District.
The purpose of the District, as stated in the Ordinance, is to "enrich and sustain a long-standing
cultural institution that preserves history and offers educational opportunities to the residents of
the City." The Ordinance includes the following land development regulations for properties
located within the District:
• An increase in maximum FAR from 1.50 to 3.25; and
• A limitation on maximum building height to 75 feet.
Because the Ordinance includes an increase in maximum FAR, the approval of the City's voters
is required pursuant to City Charter Section 1.03(c). Except for the properties located within the
proposed District, the Ordinance would not result in, or authorize any increase to, the maximum
allowable FAR for any property located within the City.
If the measure is approved by the City's voters, a Second Reading and Public Hearing on the
Ordinance will be scheduled before the City Commission.
The proposed District is identified in the below map:
[Map showing boundaries of proposed overlay district]
[Photo of Wolfsonian façade?]
FOR ADDITIONAL INFORMATION, INCLUDI NG A COPY OF THE PROPOSED ORDINANCE,
PLEASE VISIT THE CITY'S WEBSITE AT https://ww w.miamibeachfl.gov/city-hall/city-
clerk/election-information/, OR CONTACT THE OFFICE OF THE CITY CLERK AT 305.673. 7 411.
Ballot Question 6
Ordinance excluding certain areas of a building from calculation of "floor area"
"Floor area" is used by City to regulate the overall size of a building. Any increase to a property's
maximum floor area requires voter approval under City Charter Section 1.03(c).
Shall City adopt an ordinance excluding the following areas from the calculation of a building's
floor area:
• Secured bicycle parking spaces,
• Stairw ells / elevators located above main roof decks,
• Electrical transformer vault rooms, and
• Fire control rooms / related life-safety equipment?
Explanation of Ballot Q uestion 6
The term "floor area" generally means the sum of the horizontal areas of the floors of a building.
Any exclusions from the calculation of a building's "floor area" are expressly listed in the City's
Zoning Ordinance.
The term "floor area ratio" (FAR") is the measure used under the Zoning Ordinance to regulate
the overall size of a building. The Zoning Ordinance establishes a maximum FAR for each of the
City's zoning districts.
This ballot measure asks whether the City Commission shall adopt an Ordinance excluding the
following areas from the calculation of a building's floor area:
• Secured bicycle parking spaces,
• Stairwells / elevators located above main roof decks,
• Electrical transformer vault rooms, and
• Fire control rooms I related life-safety equipment.
Currently, the above noted areas of a building are included in the calculation of a building's floor
area.
The purpose of this measure is to incentivize property owners to provide secured bicycle parking,
and account for evolving City Code, Florida Building Code, and Life Safety Code requirements.
To the extent that new requirements apply to existing buildings (such as when a building is
renovated), the intent of the measure is to permit an owner of an existing building to comply with
those requirements, even if the property currently exceeds the maximum permitted FAR.
City Charter Section 1.03(c) provides that "[t]he 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."
As this measure would exclude certain areas from the definition of "floor area," thereby resulting
in a net increase in available floor area, the approval of the City's voters is required.
A more detailed explanation for each proposed exclusion is as follows:
Secured bicycle parking spaces
Currently, required parking for motor vehicles, which is enclosed in a building, is excluded from
the calculation of a building's floor area, including up to two parking spaces per apartment unit. A
typical parking space, including half of the abutting drive, occupies an area of approximately 250
square feet-an area which could accommodate more than 10 bicycles. This ballot measure
would exclude secured indoor bicycle parking spaces from the calculation of a building's floor
area.
Stairwells and elevators located above main roof decks
The area of two typical stairwells and a typical elevator at one level is approximately 500 square
feet. In order to add a rooftop deck or pool to an existing building, Florida Building Code and Life
S afety C ode requirem e nts m ust be satisfied, w hich usua lly require tw o stairs, as w e ll as an
accessible m eans of vert ical access (i.e . an elevator). B ecause m any olde r build ings have only
one stair to the roof, such buildings m ay not have eno ugh FA R to construct required stairw ells
and elevators to the ro of. This exclusion w ould perm it buildings w ith no availab le FA R to exclude
fro m the building's floor area calculatio ns any required stairw ells and elevators associated w ith
the construction of rooftop am e nities.
Electrical transformer vault rooms
The typical area needed for an electrical transformer vault room is 300-500 square feet,
depending on the size of the building. Electrical transformer vault rooms, when required, have
become increasingly larger, and often include additional infrastructure required by FPL to serve
neighboring properties. This FAR exclusion would be most beneficial to existing buildings
undergoing renovations, which may otherwise need to remove a residential unit, hotel room, or
other space to accommodate the required area for the vault room. Currently, if a new transformer
vault room were required in a building with no available FAR, a property owner would have two
options: (1) existing space within the building would need to be converted to a vault room, or (2)
a large transformer would need to be installed outdoors.
This exclusion would permit a property owner to enclose the transformer vault within the building
or create a new enclosed space, without counting against the building's FAR. Enclosing a
transformer vault within a building promotes the resiliency of the building, and reduces the amount
of utility equipment that may be visible from a street or sidewalk.
Fire control rooms and related life-safety equipment
The area of a building typically occupied by fire control rooms and related life-safety equipment
is approximately 300-500 square feet. Over the past few decades, the Life Safety Code has been
updated to require additional fire control and life-safety equipment for larger construction projects.
This FAR exclusion would be most beneficial to existing buildings undergoing renovations, which
may otherwise need to remove a residential unit, hotel room, or other space to accommodate the
required area for fire control rooms and related life-safety equipment.
If the measure is approved by the City's voters, a Second Reading and Public Hearing on the
Ordinance will be scheduled before the City Commission.
FOR ADDITIONAL INFORMATION, INCLUDING A COPY OF THE PROPOSED ORDINANCE,
PLEASE VISIT THE CITY'S WEBSITE AT https://www.miamibeachfl.gov/city-hall/city-
clerk/election-information/, OR CONTACT THE OFFICE OF THE CITY CLERK AT 305.673. 7 411.
CHOOSE THE WAY TO VOTE THAT WORKS FOR YOU
Some voters like going through the ballot on their own time in the comfort of their own home and
voting by mail. Others prefer heading out to an Early Voting location on a day that is convenient
for them and casting their ballot before Election Day. Then there are voters who enjoy the tradition
of going to their precinct on Election Day to vote.
Voters who vote early or on Election Day can rest assured that the Miami-Dade County Elections
Department is taking every precaution to protect the health and safety of voters and poll workers
a s w e d e a l w ith th e g lo b a l p a n d e m ic . V o te rs w h o w a n t to vo te , bu t w o u ld prefe r no t to ve nture out
- sh o u ld stro n g ly co n s id e r vo tin g by m a il.
V O T E -B Y-M AI L
Any registered Miami-Dade County voter can request to Vote-by-Mail by going online at
www.iamelectionready.org and selecting "Vote-by-Mail" or by calling 305.499.VOTE (8683) or
305.499.8480 (TTY). The deadline to request a Vote-by-Mail ballot for the November 3, 2020
General and Special Election is 5 p.m . on Saturda y, O cto ber 24, 2020. The deadline for the
Miami-Dade County Elections Department to receive your Vote-by-Mail ballot is 7 p.m. on Election
Day- November 3, 2020, as follows:
B Y M A IL
A Vote-by-Mail ballot may be returned by delivery through the United States Postal Service. The
ballot must be received by the Miami-Dade County Elections Department by 7 p.m. on Election
Day.
A T A S E C U R E B A LLO T D R O P B O X LO C A T E D A T A N EA R L Y V O T ING SITE
You do not even have to go inside! Vote-by-Mail ballots can be dropped into a secure Ballot Drop'
Box located outside any of the 33 Miami-Dade County Early Voting locations, including the two
Early Voting sites in Miami Beach: Miami Beach City Hall (First Floor Conference Room), 1700
Convention Center Drive and North Shore Branch Library, 7501 Collins Avenue. Just look for the
"Official Ballot Drop Box!" banner. Drop boxes are drive-up and are safe. Please bring your ID
with you. For a complete list of Drop Box locations, dates, and times visit
www.iamelectionready.org and select "Early Voting."
A T T H E E L E C T IO N S D E P A R T M E N T.
You may also return your Vote-by-Mail ballot at the Miami-Dade County Elections Department
(Main Office) at 2700 NW 87th Avenue, Miami, FL 33172 or at the Elections Department's Branch
Office located in the Lobby of the Stephen P. Clark Center, 111 NW 1st Street, Miami, FL 33128.
F O U R D E S IG N A T E D L O C A T IO N S O N M O N D A Y . N O V E M B E R 2, 2020 A N D EL E C TIO N DA Y ,
N O V E M B E R 3, 2 0 2 0
Your last option to drop off your Vote-by-Mail ballot is at the following locations from 7 a.m.-7
p.m. on Monday, November 2, 2020 and on Election Day, November 3, 2020:
• Elections Department (Main Office) 2700 NW 87th Avenue Miami, FL 33172
• Stephen P. Clark Center (Elections Branch Office) 111 NW 1st Street, Lobby, Miami, FL 33128
• North Dade Regional Library 2455 NW 183rd Street Miami Gardens, FL 33056
• South Dade Regional Library 10750 SW 211th Street Cutler Bay, FL 33189
If a voter waits until Election Day to submit their Vote-by-Mail ballot, they can either drop it off at
one of the four locations indicated above or they can opt to vote in person at their precinct once
the election board confirms that the voter's Vote-by-Mail ballot has not been received.
After you submit your Vote-by-Mail ballot, you can track your ballot to see when your ballot is
accepted. To do so, visit www.iamelectionready.org and select "Vote-by-Mail."
VOTE EARLY
Voting early allows you to cast your ballot before Election Day. If you are a registered voter, you
can vote at any of the 33 Miami-Dade County Early Voting sites, including the two sites located
in Miami Beach: Miami Beach City Hall (First Floor Conference Room), 1700 Convention Center
Drive and North Shore Branch Library, 7501 Collins Avenue. Early Voting sites open at 7 a.m.
and close at 7 p.m., from Monday, October 19 to Sunday November 1, 2020. For additional Early
Voting sites in Miami-Dade County, contact the Miami-Dade County Elections Department at
305.499.VOTE (8683) or 305.499.8480 (TTY), or visit their website at www.iamelectionready.org
and select "Early Voting."
VOTE ON ELECTION DA Y
Even with other options available, many prefer the tradition of voting on Election Day. If you
choose to vote on Election Day, November 3, 2020, you must go to your assigned voting location,
which is determined by your home address. Precincts are open from 7 a.m. to 7 p.m. on Election
Day. To find your precinct, contact the Miami-Dade County Elections Department at
305.499.VOTE (8683) or 305.499.8480 (TTY), or visit their website at www.iamelectionready.org
and select "General Election."
COVID-19 HEALTH AND SAFETY INFORMATION FOR IN-PERSON VOTING
To ensure the health and safety of voters and poll workers during in-person voting for the
November 3 2020 General and Special Election amidst the Coronavirus (COVID-19) pandemic,
the Miami-Dade County Elections Department is following the Florida Department of Health and
Centers for Disease Control and Prevention guidelines.
ln-person voting will continue to be offered, both through Early Voting and on Election Day, for
those who prefer these voting methods. The Miami-Dade County Elections Department is ·taking
precautions to keep you safe and ask that you assist as well.
The Miami-Dade County Elections Department will do the following:
• Provide all poll workers with face shields, masks and disposable gloves.
• Regularly wipe down common touch points with disinfectant.
• Offer hand sanitizer to all voters upon entering the location.
• Mark the ground with stickers to ensure voters can adhere to social distancing protocols.
• Provide access to bathrooms that have soap and water available for hand washing.
What the Miami-Dade County Elections Department is asking from voters:
• You are required to wear facial covering to enter the voting location.
• Please use the hand sanitizer that is provided upon entering and exiting.
• Review your sample ballot in advance of coming to vote. You can even mark it and bring it
with you. Knowing your selections in advance of arriving will speed up the process and allow
you to exit the facility faster.
• Bring a valid ID.
VOTERS W ITH SPECIA L NEEDS
Every voting location in Miami-Dade County meets Americans with Disability Act (ADA)
standards. Each one is equipped with a paper-based voting system that uses touchscreen and/or
audio technology, which could help voters who have issues with their eyesight, trouble reading or
disabilities.