Ordinance 2024-4581 6/7 Vote Requirement for Future Increases in FAR
ORDINANCE NO 2024-4581
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE IV, ENTITLED "AMENDMENTS TO COMPREHENSIVE PLAN
AND TO THE TEXT OF LAND DEVELOPMENT REGULATIONS," BY
AMENDING SECTION 2.4.2, ENTITLED "AMENDMENT TO THE TEXT
OF LAND DEVELOPMENT REGULATIONS," TO REQUIRE AN
AFFIRMATIVE VOTE OF SIX-SEVENTHS OF ALL MEMBERS OF
THE CITY COMMISSION PRIOR TO ANY FUTURE INCREASE IN
THE FLOOR AREA OR FLOOR AREA RATIO (FAR) OF ANY
PROPERTY IN THE CITY; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, 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 from its current zoned floor area ratio as it exists on the date of adoption of this Charter
Amendment [November 7, 2001], . . . 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"; and
WHEREAS, on June 28, 2023, the Florida Governor signed into law Senate Bill 718
(2023), which broadly prohibits "[a]n initiative or referendum process in regard to any land
development regulation" (the "New Law"), thereby narrowing the applicability of the voter
referendum requirement in Charter Section 1.03(c); and
WHEREAS, in light of the foregoing, the City Commission desires to adopt a more
thorough and transparent process for the review of future increases in floor area and/or floor area
ratio ("FAR"); and
WHEREAS, given the limitations imposed by the New Law on the City's authority to
require voter approval, the City Commission now desires to adopt ,a heightened 6/7ths voting
requirement for future floor area or FAR increases; and
WHEREAS, the City's Land Development Regulations set forth the maximum
allowable FAR for all zoning districts in the City; and
WHEREAS, the Land Development Regulations establish procedures for amendments
to these regulations, including increases in maximum allowable floor area or FAR; and
WHEREAS, the City has the authority to enact laws which promote the public health,
safety, general welfare, and morals of its citizens; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
Page 1 of 3
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 2, entitled "Administration and Review Procedures," Article IV, entitled
- "Amendments to Comprehensive Plan and to the Text of the Land Development Regulations," is
hereby amended in the Resiliency Code of the City of Miami Beach, Florida as follows:
CHAPTER 2
ADMINISTRATION AND REVIEW PROCEDURES
*
ARTICLE IV.—AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF THE
LAND DEVELOPMENT REGULATIONS
* * *
2.4.2. Amendment to the text of land development regulations
* * *
d. Action by city commission; notice and hearings.
* * *
iv. Voting requirement.
1. An affirmative vote of five-sevenths of all members of the city commission shall be
necessary in order to enact any amendment to these land development regulations.
2. Notwithstanding the foregoing, an affirmative vote of six-sevenths of all members
of the city commission shall be required in order to enact any amendment to these land
development regulations that increases the floor area ratio (FAR) of any property or any
zoning district in the City, including any amendment that modifies the definition of "floor
area" or the exceptions to the definition of"floor area" as set forth in Chapter 1 of these
land development regulations in such a manner as to result in an increase to the FAR of
a property or zoning district. Any amendment to this paragraph that reduces the six-
sevenths voting requirement shall require an affirmative six-sevenths vote of all members
of the city commission.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
Page 2 of 3
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 3/ day of .T , V 2023.
•
Steven Meiner, Mayor
ATTEST:
FEBAlff 0 6 2024
WM\M\\„1
if:
Rafael E. Gra ado, City Clerk •�,�r APPROVED AS TO
. FORM AND LANGUAGE
I kINCORtitATED401 & FOR EXECUTION
_ City Attorney Lk Date
Verified by:
Thomas R. Moon"AICP
Planning Director
Sponsored by Mayor Steven Meiner
Co-Sponsored by Commissioner Alex J.Fernandez
Co-Sponsored by Commissioner Kristen Rosen Gonzalez
Co-Sponsored by Commissioner Tanya K.Bhatt
Co-Sponsored by Commissioner Laura Dominguez
•
T:\Agenda\2023\8-October 2023\Planning\Voting Requirement for Future FAR Increases-First Reading REV ORD.docx
Page 3 of 3
Ordinances-R5 C
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
' DATE: January 31, 2024
10:30 a.m. Second Reading Public Hearing
SUBJECT:6/7 VOTE REQUIREMENT FOR FUTURE INCREASES IN FAR.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,
ENTITLED "AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE
TEXT OF LAND DEVELOPMENT REGULATIONS," BY AMENDING
SECTION 2.4.2, ENTITLED "AMENDMENT TO THE TEXT OF LAND
DEVELOPMENT REGULATIONS," TO REQUIRE AN AFFIRMATIVE VOTE
OF SIX-SEVENTHS OF ALL MEMBERS OF THE CITY COMMISSION
PRIOR TO ANY FUTURE INCREASE IN THE FLOOR AREA OR FLOOR
AREA RATIO (FAR) OF ANY PROPERTY IN THE CITY; AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY
On May 17, 2023, at the request of then Commissioner Steven Meiner, the City Commission
referred the proposal (C4 C) to the Land Use and Sustainability Committee (LUSC) and the
Planning Board. Commissioner Alex Fernandez is a co-sponsor of the proposal.
On July 19, 2023 the LUSC discussed the proposal and provided an unfavorable
recommendation to the City Commission. The LUSC also requested that additional information
regarding the voting requirements for floor area ratio (FAR)increases from other jurisdictions be
provided.
Attached is the May 17, 2023 referral memo to the LUSC, which provides the substantive
background and rationale for the sponsor's proposal.
ANALYSIS
Currently, the Land Development Regulations of the City Code (LDRs) require an affirmative
vote of 5/7ths of all members of the City Commission to enact any amendment to the LDRs.
Page 1052 of 2002
The attached ordinance would amend Section 2.4.2 of the LDR's to increase the approval
threshold for amendments related to an increase in FAR to an affirmative vote of 6/7ths of all
members of the City Commission.
At the request of the LUSC, Planning staff researched the voting requirements for LDR
amendments in other local jurisdictions, which is summarized below. It is important to note that
none of the jurisdictions surveyed have separate or specific voting requirements related to LDR
amendments that affect FAR. However, South Miami does have an increased threshold (4/5ths)
for all LDR amendments that are less restrictive, and Coral Gables has an increased threshold
(4/5ths)for all LDR amendments. The remainder of the cities either require a majority of their
elected body or a majority of a quorum present for all LDR amendments.
1. City of South Miami—Five (5)Voting Members of the City Commission, including the
Mayor.
LDR amendments require three (3) affirmative votes. Additionally, any LDR amendment that is
less restrictive requires four(4)affirmative votes.
2. City of Coral Gables— Five (5)Voting Members of the City Commission, including the
Mayor.
LDR amendments require four(4)affirmative votes.
3. City of Miami— Five (5)Voting Members of the City Commission.
LDR amendments require the affirmative vote of a majority of the quorum of the City
Commission; three (3)members are necessary for a quorum.The Mayor, who is not a member
of the City Commission, can veto the item and four(4)affirmative votes of the City Commission
is necessary to override the veto.
4. Hialeah—Seven(7)Voting Members of the City Commission.
LDR amendments require four(4) affirmative votes. The Mayor, who is not a member of the
City Commission, can veto the item and five (5) affirmative votes of the City Commission are
required to override the veto.
5.Aventura—Seven(7)Voting Members of the City Commission, including the Mayor.
LDR amendments require four(4)affirmative votes.
6. Sunny Isles Beach— Five (5)Voting Members of the City Commission, including the Mayor.
LDR amendments require three (3)affirmative votes.
7. Key Biscayne - Seven (7)Voting Members of the City Commission, including the Mayor.
LDR amendments require four(4)affirmative votes.
8. Miami Springs Five (5)Voting Members of the City Commission, including the Mayor.
LDR amendments require the affirmative vote of a majority of the quorum of the City
Commission; three(3) members are necessary for a quorum.
9. North Bay Village- Five (5)Voting Members of the City Commission, including the Mayor.
LDR amendments require the affirmative vote of a majority of the quorum of the City
Commission; three (3)members are necessary for a quorum.
10. Surfside- Five (5)Voting Members of the City Commission, including the Mayor.
Page 1053 of 2002
LDR amendments require the affirmative vote of a majority of the quorum of the City
Commission; three (3)members are necessary for a quorum.
Generally, a 6Rths threshold for approval is utilized for significant matters of policy, such as the
transfer or sale of public property. Although the proposal for a 6Rths vote of the City
Commission is limited solely to increases in FAR, the Administration would suggest caution
regarding the proposed change. In this regard, not all increases in FAR are controversial or
significantly impactful, and a 61ths threshold could make minor or well-intended amendments to
modify FAR more challenging.
Notwithstanding, the proposal herein to increase the voting threshold for an FAR increase is
less onerous than a voter referendum. As the proposed amendment is ministerial and limited to
the procedural requirements of the City Commission, it is up to the members of the City
Commission to consider and decide, collectively, whether an increased voting threshold is
appropriate for FAR amendments.
PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-1).
UPDATE
At the request of the item sponsor, the proposed ordinance has been updated to include an
additional requirement pertaining to the six-sevenths voting requirement. Specifically, any future
amendment that would reduce the six-sevenths voting requirement for an increase in FAR would
require an affirmative six-sevenths vote of all members of the city commission.
The subject ordinance was approved at First Reading on December 13, 2023, with no changes.
Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the
City Code, the City Commission waived the applicable fees based on circumstances unique to
the proposed amendment.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance. As noted in
the attached and published on the City's website on January 11, 2024, a Business Impact
Estimate is not required for the subject ordinance as it implements an amendment to the Land
Development Regulations.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on
December 13, 2023, the following information has been provided by the primary item sponsor
as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s)and principal(s): Not Applicable
SUPPORTING SURVEY DATA
Page 1054 of 2002
N/A
FINANCIAL INFORMATION
No Fiscal impact Expected
CONCLUSION
The Administration recommends the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Mayor Steven Meiner and Co-Sponsored by Commissioners Fernandez, Rosen Gonzalez,
Bhatt, & Dominguez
ATTACHMENTS:
Description
❑ LUSC Referral Memo
❑ Ordinance
❑ BIE Statement SIGNED
Page 1055 of 2002
Committee Assignments -C4 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: May 17, 2023
SUBJECT: REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND
PLANNING BOARD TO CONSIDER AMENDING THE CITY'S LAND
DEVELOPMENT REGULATIONS TO REQUIRE A 6/7TH VOTE OF THE
CITY COMMISSION PRIOR FOR ADOPTION OF ANY INCREASE IN A
PROPERTY'S ZONED FLOOR AREA RATIO (FAR), THE METHOD THE
CITY USES TO REGULATE THE SIZE OF A BUILDING.
ANALYSIS
See attached Commission Memorandum
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Commissioner Steven Meiner
ATTACHMENTS:
Description
Referral to LUSC/PB: Require 6/7ths Vote of City Commission to Increase F.A.R.
Page 109E1)699002
MLAtvANA, E
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: May 17, 2023
SUBJECT: REFERRAL TO THE LAND USE AND SUSTAINABILITY
COMMITTEE AND PLANNING BOARD TO CONSIDER AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS TO REQUIRE
A 6/7THS VOTE OF THE CITY COMMISSION PRIOR FOR
ADOPTION OF ANY INCREASE IN A PROPERTY'S ZONED FLOOR
AREA RATIO (FAR),THE METHOD THE CITY USES TO REGULATE
THE SIZE OF A BUILDING.
Since 1997, the City Charter has reflected the express mandate of the voters of
the City of Miami Beach that a heightened approval requirement should apply to
any increase in a property's zoned floor area ratio (FAR), the method the City uses
to regulate the size of a building.
Specifically, prior to amending the City's Land Development Regulations to
increase a property's FAR, for many years, the City Charter has first required
approval of the proposed FAR increase by a majority of the voters voting in a City-
wide referendum. If voters approve a proposed FAR increase, the FAR increase
would thereafter be implemented via adoption of a City Land Development
Regulation, on a 5/7ths vote of the City Commission.
Recently, on May 2, 2023, following approval by the Florida House of
Representatives, the Florida Senate enacted Senate Bill 718, with significant new
restrictions on zoning by referendum (the "New Bill"). The New Bill, if signed by the
Governor, would take effect on July 1, 2023.
The New Bill provides that, except under very limited circumstances, "a
referendum process in regards to any land development regulation is prohibited."
As the City Charter cannot conflict with State law, the New Bill will likely narrow the
applicability of the City's voter referendum requirement for FAR increases. I
understand that the City Attorney's Office is preparing a detailed memorandum
addressing the impacts of the New Bill on relevant provisions of the City Charter.
1
Page 106M89002
In anticipation of the New Bill restricting the City's ability to place many proposed
FAR measures on the ballot, I propose that the City Commission amend the
current 5/7ths City Commission voting requirement for adoption of a Land
Development Regulation, to require a 6/7ths vote of the City Commission for
adoption of any future FAR increase.
Given the limitations established by the Florida Legislature on zoning by
referendum, I believe that increasing the City Commission voting requirement for
future FAR increases may be the only way to give effect to the voter's strong
mandate.
In addition, a 6/7ths voting requirement for approval of FAR increases would be
consistent with the heightened approval requirement already reflected in the City
Charter for other important City business. For instance, the City Charter currently
provides that the sale or lease of certain City-owned properties, such as waterfront
property, park property, or properties in specified areas of the City requires voter
referendum approval.' However, for the sale or lease of all other City-owned
properties that do not specifically require voter referendum approval, the City
Charter currently requires a 6/7ths vote of the City Commission for the approval of
the sale or lease of such property. Accordingly, there is strong existing precedent
for a heightened 6/7ths voting requirement for FAR increases, similar to the
approach already included in the City Charter for other important City business
when a referendum requirement does not otherwise apply.
Moreover, the need for a heightened approval requirement for FAR increases is
as important today as it was when it was first approved by the voters in 1997, given
our residents' continued concerns with overdevelopment and traffic congestion in
our City. Although the voter referendum requirement for FAR increases has been
in place since 1997, it appears that no FAR increase was proposed until 2015.
As reflected below in the list of FAR-related ballot measures considered by the
City's voters since 1997, there has been a very significant uptick in the number of
FAR-related proposals in recent years. A heightened City Commission approval
requirement for FAR increases will ensure that FAR proposals are carefully
scrutinized, and that FAR increases are only approved if they obtain broad-based
support by a supermajority of the City Commission.
1 Importantly, the City Charter referendum requirements for the sale or lease of
City-owned property are unaffected by the New Bill, as the New Bill only restricts
holding a referendum on a land development regulation.
2
Page 105&b90002
FAR Increases Considered by the Voters Since 1997
1. November 2022: Increase FAR to allow conversion of existing hotels in
RPS-4 District in the South of Fifth neighborhood to residential use
2. November 2022: Increase FAR to incentivize office/residential along 1st
Street and Washington Avenue
3. November 2022: Increase FAR for North Beach Oceanside Resort
Overlay area (Deauville)
4. August 2022: Increase FAR to incentivize conversion of apartment hotels
to residential use in RPS-1 and RPS-2 Districts in the South of Fifth
neighborhood
5. August 2022: Increase FAR in Alton Road Gateway area to facilitate
community health center
6. November 2020: Increase FAR by allowing reconstruction of original
floorplates in historic buildings
7. November 2020: Increase FAR for Wolfsonian Arts District
8. November 2020: Increase FAR by excluding certain areas of building from
calculation of floor area
9. November 2019: Increase FAR for CD-2 zoning districts along
Washington Avenue and Alton Road
10.November 2019: Allow new floor area within historic buildings for adaptive
reuse
11.November 2017: Increase FAR as part of rezonings for North Beach Town
Center
12.November 2015: Increase FAR for Ocean Terrace Overlay District
3
Page 1099699002
M AM BEACH
City of Miami Beach. 1700 Convention Center Drive.Miami Beach,Florida 33139.www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Nina T. Hudak, City Manager Wdlictiad.
Or-
MEETING DATE: January 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
6/7 VOTE REQUIREMENT FOR FUTURE INCREASES IN FAR
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING THE RESILIENCY CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV, ENTITLED
"AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF LAND
DEVELOPMENT REGULATIONS," BY AMENDING SECTION 2.4.2, ENTITLED
"AMENDMENT TO THE TEXT OF LAND DEVELOPMENT REGULATIONS,"TO
REQUIRE AN AFFIRMATIVE VOTE OF SIX-SEVENTHS OF ALL MEMBERS OF
THE CITY COMMISSION PRIOR TO ANY FUTURE INCREASE IN THE FLOOR
AREA OR FLOOR AREA RATIO(FAR)OF ANY PROPERTY IN THE CITY; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
❑ Yes X No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
❑ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
El The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
Page 1063 of 2002
January 31, 2024
Page 2
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Page 1064 of 2002
January 31, 2024
Page 3
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible; and
(c)An estimate of the City's regulatory costs; including estimated revenues from any new
charges or fees to cover such costs.
Not Applicable
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Not Applicable
4. Additional comments:
Page 1065 of 2002