Resolution 2019-30903RESOLUTION NO. 2019 - 30903
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
SPECIAL ELECTION ON NOVEMBER 5, 2019, 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 USE OF NEW FLOOR
AREA WITHIN HISTORIC BUILDINGS FOR THE ADAPTIVE
REUSE OF SUCH BUILDINGS.
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 5, 2019,
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 Pursuant to City Code Section 38 -3(b), "[tlhe 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 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 publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3
of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED
BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00
P.M. ON NOVEMBER 5, 2019, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
Ordinance authorizing new floor area
within interior of historic buildings for adaptive reuse
Floor area ratio ( "FAR ") is the measure the City utilizes 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 the City's voters approve an FAR increase, pursuant to Charter
Section 1.03(c).
Shall City Commission adopt an Ordinance authorizing the use of new floor area within historic
buildings for the adaptive reuse of such buildings?
YES
NO
The Notice shall further set forth pertinent information regarding eligibility of electors to
participate in this Election.
2
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 5,
2019, hereby called, shall be in substantially the following form, to wit:
OFFICIAL BALLOT
Ordinance authorizing new floor area
within interior of historic buildin • s for ada • tive reuse
Floor area ratio ( "FAR ") is the measure the City utilizes 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 the City's voters approve an FAR increase, pursuant to Charter
Section 1.03(c).
Shall City Commission adopt an Ordinance authorizing the use of new floor area within historic
buildings for the adaptive reuse of such buildings?
YES
NO
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami -Dade County. The Miami -Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on October 7, 2019. 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,
Miami, Florida 33172; Telephone: (305) 499 -VOTE (8683).
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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 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 the holding shall in no way affect the validity of the remaining portions of this
Resolution or the ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this /7 day of
ATTEST:
Rafiael E. Granado
City Clerk
, 2019.
Dan Gelber
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTION
I LI
Date
1.frc
City Attorney
F:\ATTO \KALN \BALLOT QUESTION \Nov 2019 Historic buildings non - conforming FAR BQ RESO.docx
4
PROPOSED BALLOT QUESTION
NOVEMBER 5, 2019 SPECIAL ELECTION
I. BALLOT QUESTION:
Ordinance authorizing new floor area
within interior of historic buildings for adaptive reuse
Floor area ratio ( "FAR ") is the measure the City utilizes 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 the City's voters approve an FAR increase, pursuant to Charter
Section 1.03(c).
Shall City Commission adopt an Ordinance authorizing the use of new floor area within historic
buildings for the adaptive reuse of such buildings?
YES
NO
5
MIAMI BEACH
Resolutions - R7 P
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON
NOVEMBER 5, 2019, 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 USE OF NEW FLOOR AREA WITHIN
HISTORIC BUILDINGS FOR THE ADAPTIVE REUSE OF SUCH
BUILDINGS.
RECOMMENDATION
The administration recommends that the City Commission place a question on the November 5,
2019 ballot pertaining to an increase in FAR within existing parking garages.
ANALYSIS
HISTORY
On June 5, 2019, at the request of Commissioner John Elizabeth Aleman and Ricky Arriola, the
City Commission referred the subject discussion item to the June 12, 2019 meeting of the
Land Use and Development Committee (Item C4 0). On June 12, 2019, the Land Use
Committee discussed the proposed ballot question, and transmitted it to the full City
Commission for consideration.
BACKGROUND
Under the current regulations of the city code, when an existing building exceeds the current
maximum allowable floor area ratio (FAR), the excess FAR is considered legal non- conforming,
and no additional FAR may be added. Specifically, under Chapter 118, Article IX of the Land
Development Regulations (LDRs) of the City Code, governing nonconformances, a
nonconforming building or use cannot be expanded.
In order to amend the code to allow for limited circumstances in which non - conforming FAR can
either be introduced, or re- introduced, an amendment to Chapter 118, Article IX of the LDRs
would be required. Pursuant to City Charter Section 1.03(c), such amendment would require the
approval of the City's voters:
The floor area ratio of any properly 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,
Page 874 of 1502
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 discussion pertains to a potential ballot question for an amendment that would allow a
property to add nonconforming FAR, which would result in an increase in zoned FAR "by
zoning, transfer, or any other means" pursuant to City Charter Section 1.03(c).
PLANNING ANALYSIS
In order to better utilize and adaptively re -use volumetric spaces within existing, historic
buildings, flexibility with regard to current FAR limitations is needed, for those buildings that are
currently over the maximum permitted FAR for the underlying zoning district. I n this regard,
there are limited instances in which the introduction, or in some cases the re- introduction, of
non - conforming FAR makes sense from an historic preservation, land use planning and overall
policy standpoint. Some of these limited examples include:
New floor area within volumetric buildings such as historic theatres.
I n this instance, a number of historic theatres within the City are in need of adaptive re-
purposing, such as a conversion to retail or food & dining establishments. However, if the
building is legal non - conforming as to maximum FAR, there is no opportunity under the code to
add additional floor plates within the structure, even though they will not be visible.
Re- introducing original, historic floors to buildings where the floors may have been
removed in years past.
I n this regard, if a hotel building had floors removed to create volumetric space, and they seek
to re- introduce those floors, this would not be possible under the regulations of the code if the
building or building site is legal non - conforming as to maximum FAR.
I n order to control the scope of the proposal, the following additional qualifiers may be
considered, as part of any enabling legislation:
• The regulations shall only apply to existing structures that are classified as `contributing' in the
city's historic properties database, and which are located within a locally designated historic
district or site.
• Establishing a maximum square footage on non- conforming FAR that can be added to a
contributing building. This could be a fixed amount of square footage, or a percentage of the
existing floor area.
• Establishing minimum criteria for restoration and substantial rehabilitation, as well as the long
term protection of the structure.
SUMMARY
The City Attorney's Office has drafted the following ballot question, which is part of the attached
Resolution:
Ordinance authorizing new floor area within interior of historic buildings for adaptive
reuse
Floor area ratio ("FAR") is the measure the City utilizes to regulate the overall size of a
Page 875 of 1502
building.
Currently, new floor area cannot be added to the interior of historic buildings that have no
available floor area, unless the City's voters approve an FAR increase, pursuant to Charter
Section 1.03(c).
Shall City Commission adopt an. Ordinance authorizing the use of new floor area within
historic buildings for the adaptive reuse of such buildings?
From a policy standpoint, the administration is supportive of this proposal, as it will provide
much needed flexibility for existing historic properties with excess volumetric space to adapt the
spaces to emerging, modern trends in retail, mixed -use, office and food /beverage uses.
Additionally, it will provide an additional income source for the retention and preservation of
historic buildings, as well as the ability to better adapt the structures for long term sustainability.
CONCLUSION
The administration recommends that the City Commission place a question on the November 5,
2019 ballot pertaining to an increase in FAR within existing parking garages.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
D Resolution - Form Approved
Page 876 of 1502
PROPOSED BALLOT QUESTION
NOVEMBER 5, 2019 SPECIAL ELECTION
I. BALLOT QUESTION;
Ordinance authorizing new floor area
within interior of historic buildings for adaptive reuse
Floor area ratio ("FAR") is the measure the City utilizes 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 the City's voters approve an FAR increase, pursuant to Charter
Section 1.03(c).
Shall City Commission adopt an Ordinance authorizing the use of new floor area within historic
buildings for the adaptive reuse of such buildings?
YES
NO
Page 91 of 1502
MIAMI BEACH
OFFICE OF THE CITY CLERK
LTC No.
528-2019
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: October 2, 2019
SUBJECT:Final Precinct/Polling Place List For The November 5, 2019 Miami Beach
General and Special Elections.
Attached please find the final Precinct/Polling Place List for the November 5, 2019 Miami
Beach General and Special Elections.
Please note that Precinct 038, which is normally housed at the Veterans of Foreign War
Post #3559, located at 650 West Avenue, was not available for this election and the
registered voters will be relocated to Rebecca Towers, located at 200 Alton Road.
F:\CLER\CLER\000_ELECTION\00000 2019 GENERAL & SPECIAL ELECTIONS\LTC\LTC Final Precinct Polling Place
List for the November 5,2019 Miami Beach General and Special Elections. .docx
MIAMI BEACH
MIAMI BEACH GENERAL AND SPECIAL ELECTIONS
NOVEMBER 5, 2019
MIAMI BEACH PRECINCT AND POLLING PLACE LIST
Polling & Name Location Polling & Name Location
Precinct Precinct
Place No. Place No.
011.0/011.2 Biscayne 800 77 Street 030.0 Miami Beach 2000 Convention
Elementary School Botanical Garden Center Drive
013.0 North Shore 7501 Collins Avenue ' 031.0 Miami City Ballet 2200 Liberty
Branch Library Avenue
014.0 North Shore Park 501 72 Street 032.0 Miami Beach 227 22 Street
Youth Center Regional Library
015.0 Normandy Shores 2401 Biarritz Drive 033.0 Miami Beach Senior 2231 Prairie
Golf Club High School Avenue
018.0 Indian Creek Fire 6860 Indian Creek 036.0 Miami Beach Police 999 11 Street
Station #4 Drive Athletic League
019.0 Normandy Park & 7030 Trouville 037.0 Miami Beach City 1700 Convention
Pool Esplanade Hall Center Drive
020.0/020.1 Ronald W. Shane 6500 Indian Creek 038.0 T— Rebecca Towers 200 Alton Road
Center Drive
023.0 Miami Beach Fire 5303 Collins Avenue 040.0 South Pointe 1050 4 Street
Station#3 Elementary School
024.0 Nautilus Middle 4301 N. Michigan 041.0 South Shore 833 6 Street#2
School Avenue Community Center
025.0 St. Johns on the 4760 Pine Tree Drive 042.0 Feinberg Fisher K-8 601 14 Place
Lake Methodist Center
Church
028.0 Temple Beth 4144 Chase Avenue 043.0 Miami Beach Police 1100 Washington
Sholom Department Avenue
029.0 North Beach 4100 Prairie Avenue 048.0 Rebecca Towers 200 Alton Road
Elementary School
Please note that the above list is subject to change, if needed.
T = Temporary Polling Change
The voting precincts for the November 5, 2019 City of Miami Beach General and Special Elections shall be as
established by the Miami-Dade County election officials. On Election Day, all electors shall vote at the voting locations
and the voting precincts in which the official registration books show that the electors reside. All questions concerning
voting locations and voting precincts should be directed to the Miami-Dade County Elections Department, 2700 NW 87th
Avenue, Miami, Florida 33172; Telephone: 305.499.VOTE (8683) or TTY: 305.499.8480.
For more information, please contact the City of Miami Beach Office of the City Clerk at 305.673.7411 or via email at
CityClerk( miamibeachfl.gov.
Rafael E. Granado
City Clerk
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33139
305.673.7411
www.miamibeachfl.gov
AD 110519-05