Resolution 2020-31351RESOLUTION NO. 2020-31351
A RE SOLUTION OF THE MAYOR AND CITY COMMISSION OF
TH E C IT Y O F MIAMI BEACH, FLORIDA, CALLING FOR A
NO V EM BER 3, 2020 SPECIAL ELECTION, FOR THE PURPOSE
O F S UB M ITT IN G TO TH E E LECTORA TE OF THE CITY OF
MIAMI BE A C H , FLO R ID A A B A LLO T Q U ESTION ASKING
W H E T H ER TH E CITY COMMISSION SHALL ADOPT AN
ORDINANCE AUTHORIZING THE RECONSTRUCTION OF
ORIGINAL FLOOR PLA TES WITHIN THE INTERIOR OF AN
HISTORIC BUILDING, AS PART OF THE RESTORATION OF
THE BUILDING.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, AS FOLLOWS:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida, and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held in
the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 3, 2020, for
the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the voting precincts in the City of this Special Election shall be as established by the
proper and appropriate Miami-Dade County election officials. All electors shall vote at the polling
places and the voting precincts as determined by the Miami-Dade County election officials.'
' Pursuant to City Code Section 38-3(b), "[t]he City Clerk shall further publish, in a newspaper
m eeting the requirem ents se t fo rt h in Florida S tatutes § 50.031 and on the City's website, the
polling places fo r the election tw ice, once in the third week and once in the first week prior to the
week in which th e election is to be hel d ."
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S E C T IO N 4 .
Not fewer than thirty days' notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publicat ion shall be made
in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the
Code of the City of Miami Beach.
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
N O T IC E OF SPECIAL E L E C T IO N
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED
BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7.00 A.M. UNTIL 7:00 P.M.
ON NOVEMBER 3, 2020 AT WHICH TIME THERE SHALL BE SUBMITTED TO
THE DUL Y REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
O rdin ance authorizing reco nstructio n of orig in al flo o r plates w ith in
interio r of histo ric building s
Floor area ratio ("FAR") is used by City to regulate the overall size of a
building.
Currently. new floor area cannot be added to the interior of historic buildings
that have no available floor area, unless City's voters approve an FAR
increase, under Charter Section 1.03(c).
Shall City adopt Ordinance authorizing reconstruction of original interior
floor plates as part of restoration of historic buildings, if such floor plates
were removed prior to June 4, 1997?
YES -----
NO -----
2
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The Notice shall further set forth pertinent inform ation regarding eligibility of electors to
participate in this Election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 3, 2020,
hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
Ordinance authorizing reconstruction of original floor plates within
interior of historic buildings
Floor area ratio ("FAR") is used by City to regulate the overall size of a
building.
Currently, new floor area cannot be added to the interior of historic buildings
that have no available floor area, unless City's voters approve an FAR
increase, under Charter Section 1.03(c).
Shall City adopt Ordinance authorizing reconstruction of original interior
floor plates as part of restoration of historic buildings, if such floor plates
were removed prior to June 4, 1997?
YES
NO -----
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be in
compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance with
the general law of the State of Florida goveming voter registration. Qualified persons may obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive,
First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter
registration centers and during such times as may be provided by the Supervisor of Elections of
3
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M ia mi -D a d e C o un ty. Th e M iam i-D a d e C o u nt y S up er vi s or of El e ct i o n s wi ll re gi st er v o ter s fo r this
S p e c ia l E le c tio n u n til 5 :0 0 p .m . o n M o n d a y , O c to b e r 5 , 20 2 0 . A ll p e rs o n s e lig ib le to v o te a t th is
S p e ci a l E le c tio n m u s t b e re g is te re d b e fo re th e tim e a n d d a te s e t fo rt h h e re in o r h a v e re g is te re d
p re v io u s ly , a s p ro v id e d b y law. Each person desiring to become a registered voter shall be
responsible for properly filling out the registration form and returning it to the Miami-Dade County
Elections Department. Alt questions concerning voter registration should be directed to the
Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172;
Telephone: (305) 499-VOTE (8683).
SECTION 9.
That voters participating via a Vote-by-Mail ballot in this Special Election shall be entitled
to cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to such voting. Al questions concerning Vote-by-Mail ballots should be directed to the
Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172;
Telephone:(305) 499-VOTE (8683).
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
If any section, sentence, clause or phrase of this Resolution or of the ballot measure set
forth above in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said
Resolution or ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this l7 day or Jul>
2 .
, 2020
ATTEST: Ls.
Rafael E. Grad, city clerk
Mayor Dan Gelber
APPROVEDASTOFORMAND
LANGUAGE AND FOR EXECUTION
flus st[zoo
4
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C ity A tt o rn e y D a te
NOVEMBER 3, 2020 CITY OF MIAMI BEACH SPECIAL ELECTION:
BALLOT QUESTION
BALLOT QUESTION:
Ordinance authorizing reconstruction of original floor plates within
interior of historic buildings
Floor area ratio ("FAR") is used by City to regulate the overall size of a
building.
Currently, new floor area cannot be added to the interior of historic buildings
that have no available floor area, unless City's voters approve an FAR
increase, under Charter Section 1.03(c).
Shall City adopt Ordinance authorizing reconstruction of original interior
floor plates as part of restoration of historic buildings, if such floor plates
were removed prior to June 4, 1997?
YES
NO
5
Page 1646 of 2461
Resolutions -R7 F
MIAMI BEAC H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29, 2020
SUBJECT: PROPOSED BALLOT MEASURES PERTAINING TO FLOOR AREA RATIO
("FAR") -- NOVEMBER 3, 2020 ELECTION
1. RECONSTRUCTION OF ORIGINAL FLOOR PLATES WITHIN
CONTRIBUTING BUILDINGS
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2020
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT
AN ORDINANCE AUTHORIZING THE RECONSTRUCTION OF ORIGINAL
FLOOR PLATES WITHIN THE INTERIOR OF AN HISTORIC BUILDING, AS
PART OF THE RESTORATION OF THE BUILDING.
2. FAR INCREASE FROM 1.5 TO 3.25 FOR WOLFSONIAN ARTS DISTRICT
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2020
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT
AN ORDINANCE INCREASING FLOOR AREA RATIO (FAR) FROM 1.5 TO A
MAXIMUM OF 3.25 FOR PROPERTIES WITHIN THE PROPOSED
WOLFSONIAN ARTS DISTRICT, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF WASHINGTON AVENUE AND 10TH STREET,
AND LOCATED WITHIN THE CO-2 ZONING DISTRICT.
3. EXPAND LIST OF FAR EXCEPTIONS TO ADDRESS CITY, BUILDING,
AND LIFE SAFETY CODE REQUIREMENTS
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2020
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORA TE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT
AN ORDINANCE EXCLUDING CERTAIN SPECIFIED AREAS OF A
BUILDING FROM THE CALCULATION OF "FLOOR AREA."
Page 1638 of 2461
RE C OM M E ND AT ION
The Administration recommends that the City Commission adopt the attached Resolutions
calling for a Special Election on November 3, 2020 and submit the corresponding ballot
questions to the City's voters pertaining to increases in floor area ratio (FAR).
BAC KG RO UN D/H I STOR Y
City Charter Section 1.03(c) provides that "the floor area ratio of any property or street end
within the City of Miami Beach shall not be increased by zoning, transfer, or any other means, ...
unless any such increase in zoned floor area ratio for any such property shall first be approved
by a vote of the electors of the City of Miami Beach." Accordingly, the approval of the City's
voters is required prior to enacting any amendment to the Land Development Regulations
(LDRs) that increases a property's zoned FAR, or has the effect of increasing FAR.
The following three LDR amendments, which increase FAR or have the effect of increasing
FAR, have been placed on the July 29, 2020 City Commission agenda for First Reading. The
Second Reading and adoption of each amendment would be subject to, and conditioned upon,
the approval of the City's voters on November 3, 2020:
1. The reconstruction of original floor plates with contributing buildings that are legal non-
conforming as to FAR. This item, which was sponsored by Mayor Dan Gelber, was referred to
the Planning Board on June 24, 2020. The Planning Board is scheduled to review and transmit
the item to the City Commission on July 27, 2020.
2. The Wolfsonian-FIU Expansion, including an increase in the maximum FAR from 1.5 to 3.25.
This item, which was sponsored by Commissioner David Richardson, was referred to the
Planning Board on May 13, 2020. On June 23, 2020, the Planning Board transmitted the
proposed Ordinance to the City Commission with a favorable recommendation.
3. Expanding the list of FAR Exceptions under Sec. 114-1 of the LDRs to address evolving
city, building and life safety codes. This item, which was sponsored by Mayor Dan Gelber, was
referred to the Planning Board on May 13, 2020. On June 23, 2020, the Planning Board
transmitted the proposed Ordinance to the City Commission with a favorable recommendation.
ANALYSIS
Each of the attached Resolutions calls for a Special Election to approve a ballot question
pertaining to FAR. As a companion item to each ballot question, a corresponding Ordinance has
been placed on the July 29, 2020 City Commission meeting agenda for First Reading. The
Resolutions calling for a Special Election are scheduled to be heard on July 29th, prior to First
Reading of the corresponding Ordinances. Second Reading and adoption of each Ordinance
would be scheduled after November 3, 2020, pending the election results.
The following is a general summary of each of the ballot questions.
1. Reconstruction of original floor plates within interior of contributing buildings that
are legal non-conforming as to FAR.
The proposal would amen d Chapter 118, Article IX of the LDRs, in order to allow the Historic
Preservation Board to approve the reconstruction of original, interior floor plates, as part of the
Page 1639 of 2461
re sto ratio n of a co ntri b uti ng bu ild ing . F o r exa m p le , if a co ntri b ut ing bu ild ing th a t is le g a l no n-
c o nf o rm ing as to F A R so ug ht to re c o n s tru ct o rig ina l inte rio r flo o rs tha t we re pre vi o us ly re m o ved ,
t he H P S c o u ld a ll o w f o r t h e re c o n s t ru c t io n o f t h o s e f lo o rs , as p a rt o f a re s to ra tio n pro je c t. T his
is n o t p o s s ib le u n d e r t h e c u rre n t re g u la tio n s in the C o d e .
T h e d raft re g u la ti o n s wo u ld o n ly a p p ly t o e xi s ti ng s tru c t u re s th at are classified as 'contributing' in
the City's historic properties database, and which are located wit hi n a locally designated historic
district. Additionally, the reconstruction of the original floor plates would be subject to the review
and approval of the HPB and would only be allowable for interior floor plates removed prior to
June 4, 1997. The reason for establishing this date is so the applicability of the provision would
be limited to those floor plates removed prior to the date of approval of the first City Charter
amendment requiring voter approval of increases in FAR.
(NOTE: The Planning Board is scheduled to review and transmit this item to the City
Commission on July 27, 2020; the Administration will update the Commission on the action of
the Planning Board on the floor.)
2. The Wolfsonian-FIU Expansion, including an increase in the maximum FAR from 1.5
to 3.25.
In November 2004, as part of the Building Better Communities General Obligation Bonds
(BBC-GOB), Miami-Dade County voters approved 10 million dollars for The Wolfsonian-FIU
to add 25,000 square feet of new publicly accessible space. As a result, the Wolfsonian-F IU is
proposing a renovation and expansion of its existing Museum at 1001 Washington Avenue. Due
to the amount of floor area used for the main structure in the ear1y 1990's, coupled with the
citywide downzoning in the late 1990's, the site of the Wolfsonian-FI U is legal non-conforming in
tenns of allowable FAR. In order to accommodate the proposed expansion, an LDR
amendment has been drafted, establishing the Wolfsonian Arts District and increasing the
maximum FAR to 3.25. A companion Comprehensive Plan amendment to establish the
Wolfsonian Arts District on the future land use map and increase the FAR within the district is
also proposed.
3. Expanding the list of FAR Exceptions under Sec. 114-1 of the LDRs.
The following are the proposed new exclusions from the calculation of floor area to address
evolving City Code, Florida Building Code, and Life Safety Code requirements:
a. Bicycle Parking. Currently, required automotive parking is exempt from inclusion as floor area,
and up to two vehicular parking spaces may be provided per apartment unit, without counting as
floor area. Further, in most districts where the City has reduced the vehicular parking
requirements, parking may still be provided in most cases in accordance with the regulations for
Parking District No. 1, whi ch generally has the highest parking requirements. A typical parking
space, including half of the abutting drive occupies an area of approximately 250 square feet,
whereas the same area could easily accommodate more than 10 bicycles.
b.Stairwells and elevators above main roof decks. The area of two typical stairwells and a
typical elevator at one level is approximately 500 square feet. While such area is minimal, its
exception the calculation of floor area would be especially beneficial to existing buildings that
are currently non-conforming as to FAR. Additionally, many older buildings may have only one
Page 1640 of 2461
stair to the roof. In ord er to add a ro oftop deck or pool, Building and Li fe-Saf ety Code
requirements must be satisfied, wh ich usually require s two stairs as well as an accessible
means of vertical access (an elevator). Such an exception would allow these non-conforming
buildings to add desirable roof-top amenities.
c. FPL electrical transformer vaults. These vault rooms, when required, have become
increasingly larger, and often include additional infrastructure required by FPL to serve
neighboring properties. Their location within an enclosed building is preferable to an exterior
pad-mounted option. The typical area needed for a vault is 300-500 square feet depending on
the size of the project. This FAR exception would be most beneficial for existing buildings
undergoing renovations, which may otherwise need to remove a hotel room or other space to
accommodate for the required area for the FPL vault.
d. Eire control rooms and related public safety spaces. not accessible to the general public.
Such control rooms are important life-safety requirements for larger projects and were not
standard requirements decades ago. The typical area occupied by these rooms is 300-500
square feet.
CONCLUSION
The Administration recommends that the City Commission adopt the attached Resolutions
calling for a Special Election on November 3, 2020 and submit the corresponding ballot
questions to the City's voters pertaining to increases in floor area ratio (FAR).
Applicable Area
Citywide
ls this a."Residents Right
to Kn ow" item, pursuant to
City Code Section 2-147
Yes
Legislative Tracking
Planning/Office of the City Attorney
Does this jtem utilize G.,O,
Bond Funds?
No
AITA CHMENTS;
Description
Resolution 1 - Historic Floorplates
ci Resolution 2- Wolfsonian Arts District
Resolution 3- FAR Exceptions
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