2017-29961 ResolutionRESOLUTION NO. 2017-29961
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 7, 2017 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING
WHETHER THE CITY COMMISSION SHOULD ADOPT AN ORDINANCE
INCREASING FAR IN THE TOWN CENTER (TC) ZONING DISTRICTS
(COLLINS AND DICKENS AVENUES TO INDIAN CREEK DRIVE BETWEEN
69 AND 72 STREETS) TO 3.5 FAR FROM CURRENT FAR OF 2.25 TO 2.75
FOR THE TC-1 DISTRICT; FROM 2.0 FOR THE TC-2 DISTRICT; AND FROM
1.25 FOR THE TC-3 DISTRICT.
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 City of Miami Beach; and
WHEREAS, Dover Kohl & Partners were hired to develop the North Beach Master Plan;
and
WHEREAS, after many meetings and public outreach a consensus was reached and the
Mayor and City Commission accepted the North Beach Master Plan, which proposed both two
historic local districts and conservation districts; and
WHEREAS, five big ideas to revitalize the North Beach community emerged as part of
the public process: to make a town center; to provide more mobility options; to protect and
enhance neighborhoods; to better utilize public lands; and to build to last; and
WHEREAS, as part of the town center concept, the City has already adopted one
portion of the North Beach Master Plan by increasing height to 125 feet within the Town Center
district; and
WHEREAS, the North Beach Master Plan recommends changing the restrictions to
enable larger buildings in the Town Center; and
WHEREAS, the Plan recommends increasing FAR for TC-1, TC-2 AND TC-3, to
combine the three districts into one unified "Town Center" (TC) district; and
WHEREAS, the plan proposes to standardize the FAR limits for all lot sizes, in all three
districts; and
WHEREAS, in providing uniform FAR of 3.5, the three districts could be consolidated;
and
WHEREAS, the North Beach Steering Committee modified the recommendations
contained in the North Beach Master Plan as follows: (1) Between Dickens Avenue and Abbott
Avenues to expand the TC-1 zoning district boundaries north to ?2nd Street to replace the
existing TC-3(c) district boundaries; (2) between Carlyle Avenue I Indian Creek Drive and
Harding Avenue to expand the TC-1 zoning district boundaries south to 69th street to replace
the existing TC-3 and TC-3(c) boundaries; and (3) as part of this TC-1 expansion, include a
minimum required setback from 69th street of at least 50' for building height in excess of 4
stories I 45'
WHEREAS, the North Beach Steering Committee, also recommended that the
maximum FAR for any proposed increase within all the TC districts should be 3.5, with added
FAR as a bonus.
WHEREAS, the City desires to adhere to the North Beach Master Plan and
recommends the following ballot question; and
WHEREAS, the City would like to schedule a vote of the electorate for Tuesday,
November 7, 2017, in order for the residents of Miami Beach to vote on whether the floor area
ratio ("FAR"), which regulates the overall size of a building, be increased in the Town Center
(TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72
Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC-1 district; from 2.0 for the TC-2
district; and from 1.25 for the TC-3 district; and
WHEREAS, the City desires to place the question on the ballot and call a special
election.
BE IT 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 7, 2017,
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
Special Election hereby called, with acceptance of the certification of the results of the 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.1
SECTION 4.
No.t 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 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 AM. UNTIL 7:00
P.M. ON NOVEMBER 7, 2017, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
FAR Increase For TC-1, TC-2 and TC-3 to 3.5 FAR
Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a
building. Should the City adopt an ordinance increasing FAR in the Town Center (TC)
zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72
Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC-1 district; from 2.0 for the
TC-2 district; and from 1.25 for the TC-3 district?
_____ YES
NO -----
The Notice shall further set forth pertinent information regarding eligibility of electors to
participate in this Election.
1 Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statutes § 50.031 and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
week in which the election is to be held."
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 7,
2017, hereby called, shall be in substantially the following form, to wit:
OFFICIAL BALLOT
FAR Increase For TC-1. TC-2 and TC-3 to 3.5 FAR
Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a
building. Should the City adopt an ordinance increasing FAR in the Town Center (TC)
zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72
Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC-1 district; from 2.0 for the
TC-2 district; and from 1.25 for the TC-3 district?
SECTION 7.
_____ YES
NO -----
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 Tuesday, October 10,
2017. All persons eligible to vote in 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 Department. All questions concerning voter
registration should be directed to the Miami-Dade County Elections Department, 2700 NW 87
Avenue, Doral, 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
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 ballot measure set forth above in this
Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then
the holding shall in no way affect the validity of the remaining portions of the ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this :}.(, day of --=~=-1.;.µ/:...+tj------,.
ATTEST:
Ra el E. Granado,
~/1f,7
APPROVED AS TO
FORM & LANGUAGE
& FOR EXEC TION
:r/1r/1
Date
BALLOT QUESTION
NOVEMBER 7, 2017 SPECIAL ELECTION
I. BALLOT QUESTION:
FAR Increase For TC-1, TC-2 and TC-3 to 3.5 FAR
Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a
building. Should the City adopt an ordinance increasing FAR in the Town Center {TC)
zoning districts {Collins and Dickens Avenues to Indian Creek Drive between 69 and 72
Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC-1 district; from 2.0 for the
TC-2 district; and from 1.25 for the TC-3 district?
YES -----
NO -----
Resolutions -R7 AH
MlAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: July 26, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 7, 2017 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER THE
CITY COMMISSION SHOULD ADOPT AN ORDINANCE INCREASING FAR IN THE
TOWN CENTER (TC) ZONING DISTRICTS (COLLINS AND DICKENS AVENUES
TO INDIAN CREEK DRIVE BETWEEN 69 AND 72 STREETS) TO 3.5 FAR FROM
CURRENT FAR OF 2.25 TO 2.75 FOR THE TC-1 DISTRICT; FROM 2.0 FOR THE
TC-2 DISTRICT; AND FROM 1.25 FOR THE TC-3 DISTRICT.
RECOMMENDATION
Please see the attached Resolution and Memorandum.
Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
ci Memo
ci Resolution
Page 2069 of 2495
C9 MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
RAUL
J. AGUILA CITY ATTORNEY
TO:
FROM:
DATE:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
RAUL. J. AGUILA ,.J.,t/\ f I
CITY ATTORNEY!{)® \(I'
July 26, 2017
COMMISSION
MEMORANDUM
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 7, 2017
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMIITING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION
ASKING WHETHER THE CITY COMMISSION SHOULD ADOPT AN
ORDINANCE INCREASING FAR IN THE TOWN CENTER (TC) ZONING
DISTRICTS [COLLINS AND DICKE:NS AVENUES TO INDIAN CREEK
DRIVE BETWEEN 69 ANO 72 STREETS] TO 3.5 FAR FROM CURRENT
FAR OF 2.25 TO 2.75 FOR THE TC~1 DISTRICT; FROM 2.0 FOR THE TC-2
DISTRICT; AND FROM 1.25 FOR THE TC-3 DISTRICT.
Pursuant to the request of City Commissioner Ricky Arriola, the attached Resolution has
been prepared calling for a City of Miami Beach Special Electron to be held on November 7,
2017 for the purpose of submitting to the City's voters the following question:
FAR Increase For TC·1. TC·2 and TC-3 to 3.5 FAR
Floor area ratio (FAR) Is the measure the City utilizes to regulate the overall size of a
building. Should the City adopt an ordinance increasing FAR jn the Town Center (TC)
zoning districts [Collins and Dickens Avenues to Indian Creek Drive between 69 and 72
Streets] to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC-1 district; from 2.0 for the
TCM2 district; and from 1.25 for the TC·3 district?
--------YES
____ NO
Page 2070 of 2495
-----~------··------~-----·~----
Memorandum on Ballot Question
FAR increase for TC Districts
July 26, 2017
Page2 of2
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,
Based on the foregoing, the City would like to schedule a vote of the electorate for
Tuesday, November 7, 2017, in order for the residents of Miami Beach to vote on, in compliance
wtth City Charter Section 1.03(c), whether the City Commission should adopt an ordinance
increasing floor area ratio (FAR), Which is the measure the city utilizes to regulate the overall
size of a building, be increased for the Town Center (TC() zoning districts [Collins and Dickens
Avenues to Indian Creek Drive between 69 and 72 Streets] to 3.5 FAR from current FAR of 2.25
to 2.75 for the TC-1 district; from 2.0 for the TC-2 district; and from 1.25 for the TC~3 district?
Flnally, pursuant to directive of the Tyiiami-Oade County Elections Department, the final
date by which the City may adopt fts Resolution placing a ballot measure on the November 7,
2017 ballot Is September 7, 2017. Accordingly, this matter is timely presented to the City
Commission and adoption of the attached Resolution may take place at today's meeting.
Recommendation: Approve the attached resolution scheduling a special election and placing
the question on the ballot.
Page 2071 of 2495