Resolution 2022-32256 RESOLUTION NO. 2022-32256
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8,
2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH A QUESTION ASKING WHETHER CITY SHALL INCREASE FAR
FROM 1.0 TO 2.0 IN 1ST STREET OVERLAY LOCATED EAST SIDE OF
WASHINGTON AVENUE BETWEEN 1ST AND 2ND STREETS, WITH FAR
INCENTIVE FROM 2.0 TO 2.7 FOR REDEVELOPMENTS THAT
INCLUDE RESIDENTIAL OR OFFICE USES, AND PROHIBIT HOTELS
AND SHORT-TERM RENTALS.
NOW, THEREFORE, BE IT DULY 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 8, 2022, 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 said voting precincts in the City of said 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.'
SECTION 4.
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 THE 8th DAY OF NOVEMBER, 2022,AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
FAR Incentive for Residential and Office Uses
on Washington Avenue Between 1st and 2nd Street
City Charter requires voter approval before increasing a property's floor area ratio
("FAR") (how City regulates building size).
FAR in 1st Street Overlay (located east side of Washington Avenue between 1st and
2nd Streets) is 1.0, although previously FAR was 2.0.
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 Statute § 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."
2
Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive
from 2.0 to 2.7 for redevelopments that include residential or office uses, and
prohibit hotels and short-term rentals?
Yes
No
Said Notice shall further set forth pertinent information regarding eligibility of
electors to participate in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8, 2022, hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
FAR Incentive for Residential and Office Uses
on Washington Avenue Between 1st and 2nd Street
City Charter requires voter approval before increasing a property's floor area ratio
("FAR") (how City regulates building size).
FAR in 1st Street Overlay (located east side of Washington Avenue between 1st and
2nd Streets) is 1.0, although previously FAR was 2.0.
Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive
from 2.0 to 2.7 for redevelopments that include residential or office uses, and
prohibit hotels and short-term rentals?
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.
3
SECTION 8.
Registration of persons desiring to vote in the Special and Runoff Elections 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 the Special Election until 5:00
p.m. on Tuesday, October 11, 2022. All persons eligible to vote at the Elections must be
registered before the times and dates 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 N.W. 87th Avenue, Miami, Florida
33172; Telephone:(305) 499-VOTE (8683).
SECTION 9.
That voters participating via a Vote-by-Mail ballot in said 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. All 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).
4
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.
That if the proposal provided for in Sections 5 and 6 above shall be approved by a
majority of the qualified electors of the City voting on the subject proposal, it shall be
considered adopted and effective upon the City Commission's acceptance of certification
of final election results.
SECTION 12.
If any section, sentence, clause or phrase of this Resolution or of the ballot
measure or the City Code Amendment set forth herein 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, ballot measure or City Code
Amendment.
SECTION 13.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 021 day of Ju , 2022.
ATTEST:
7-Y7 DAN GELBER, MAYOR
7/LI/Uv APPROVED AS TO
RAFAEL E. GRANADO, CITY CLERK FORM&LANGUAGE
&FOR EXECUTION
(Sponsored by Commissioner Alex J. Fernandez)
........ 5 I 1 —2Z
° t3 City Attorneys t\-L Date 21°
:INCORP RATED
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BALLOT QUESTION AND PROPOSED AMENDED CITY CODE TEXT
NOVEMBER 8, 2022 SPECIAL ELECTION
I. BALLOT QUESTION:
FAR Incentive for Residential and Office Uses
on Washington Avenue Between 1st and 2nd Street
City Charter requires voter approval before increasing a property's floor area ratio
("FAR") (how City regulates building size).
FAR in 1st Street Overlay (located east side of Washington Avenue between 1st and
2nd Streets) is 1.0, although previously FAR was 2.0.
Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive
from 2.0 to 2.7 for redevelopments that include residential or office uses, and
prohibit hotels and short-term rentals?
Yes
No
6
II. DRAFT PROPOSED AMENDED CITY CODE TEXT:
Final Ordinance is subject to revision as part of the legislative process, including
review/approval by the Planning Board and City Commission (following two
readings).
7
CREATION OF FIRST STREET OVERLAY REDEVELOPMENT INCENTIVE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF
THE CITY CODE, ENTITLED "ZONING DISTRICTS AND
REGULATIONS,"ARTICLE II, ENTITLED "DISTRICT;REGULATIONS,"
BY AMENDING BY AMENDING SECTION 142.699.1, ENTITLED
"FIRST STREET OVERLAY" TO CREATE A FLOOR'`AREA RATIO
INCREASE LIMITED TO REDEVELOPMENTS. THAT`�INCLUDE AN
OFFICE OR RESIDENTIAL USES WITHIN—A�NEW FIRSTNSTREET
OVERLAY; AND PROVIDING FOR/ ODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE. �'� -'
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WHEREAS, since early 2022, the Mayor and City Commission have adopted a
variety of legislation to establish incentives for the purpose of diversifying the City's
economy; and \\
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WHEREAS, the City is experiencing a-record demand for Class A office and
residential uses throughout
ttthe
�City; and\';, f�r� "` -w
WHEREAS, the City is\desirous of creating development incentives that induce
the development 9f Class A office and residential use throughout the City; and
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.the City,is;desiro of:pro oting a live, work, and play in the same
neighborhood-philosophy throughout the City, while protecting the residential areas to the
south of/Fourth Street from the"potential negative impacts; and
WHEREAS, the City is desirous of creating incentives for the removal of potentially
noxious transient uses such as entertainment, hotel, and short-term rentals from
residential neighborhoods;I and
WHEREAS,`th Seouth of Fifth neighborhood could benefit from the construction of
additional Class A office space and residential uses and the removal of transient uses
from the neighborhood; and
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws
which promote the public health, safety, and general welfare of its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
Chapter 142, "Zoning Districts and Regulations," Article II, "Districts Regulations"
is hereby amended as follows:
CHAPTER 142 - ZONING DISTRICTS AND REGULATIONS
ARTICLE II - DISTRICT REGULATIONS
DIVISION 18 - PS.PERFORMANCE STANDARD DISTRICT
Sec. 142.699.1 — First Street Overlay
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(a) The following regulations shall apply to properties that front`Washington Avenue
on the east side between 1st Street and 2"d"Street. In the event`of as\conflict within
this division, the criteria below shall apply°\ )7/
(1) The purpose of these regulations is to (1),sustain and enhance existing office
uses in this overlay, to (2) induce the construction of new office and residential
uses in this overlay and (3)`provide incentives for the removal of transient uses.
(2) The maximum floor area ratio`shall"be a base of\2:0-for the properties within
the overlay with a 0.7 addition'al floor. area ratio available for redevelopments
that include an office or residential/Ate. "The-,0.7 of additional floor area
available shall-be used exclusively°for either office or residential use. In order
to be eligible/46 the base FAR of'2.0 with ari additional 0.7 available for office
or residential,uses, owner agrees' o voluntarily prohibit hotel and short-term
rentals within the property.
SECTION,3:REPEALER:
/All ordinances or parts of'ordina ces and all section and parts of sections in conflict
herewith are hereby repealed. )2/7
SECTION`4. CODIFICATION.
It is the\`i tention bf the City Commission, and it is hereby ordained that the
provisions of this'
his ordinance shall become and be made part of the Code of the City of
Miami Beach as arnerided; 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.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
2
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2022.
ATTEST:
DAN GELBER,MAYOR
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RAFAEL E. GRANADO, CITY CLERK 7(/ \
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First Reading: � \ �,
Second Reading: ,/. \•� 5\:>,,,
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byCommissioner Alex Fernandez) •\ `,/,/ '
(Sponsored � /
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Verified by: \; \\\`�--,7
Thomas R. Mooney, AICP\`, "‹, , ~-.' \ /
Planning Director \\ /7 ''. 1%
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Resolutions-R7 V
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: July 20,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8, 2022 CITY
OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER CITY SHALL INCREASE FAR FROM 1.0
TO 2.0 IN 1ST STREET OVERLAY LOCATED EAST SIDE OF
WASHINGTON AVENUE BETWEEN 1ST AND 2ND STREETS, WITH FAR
INCENTIVE FROM 2.0 TO 2.7 FOR REDEVELOPMENTS THAT INCLUDE
RESIDENTIAL OR OFFICE USES, AND PROHIBIT HOTELS AND SHORT-
TERM RENTALS.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
See attached Commission Memorandum.
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
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
Page 1128 of 1502
❑ Commission Memorandum
❑ Resolution
Page 1129 of 1502
I I i rI' j•. _ t D t-?� x 4 Pe.,..
t t �
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
City Manager Alina T. Hudak
FROM: Rafael A. Paz, City Attorney
DATE: July 20, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8, 2022 CITY OF
MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER CITY SHALL INCREASE FAR FROM 1.0 TO 2.0 IN 1ST.STREET
OVERLAY LOCATED EAST SIDE OF WASHINGTON AVENUE BETWEEN 1ST
AND 2ND STREETS, WITH FAR INCENTIVE FROM 2.0 TO 2.7 FOR
REDEVELOPMENTS THAT INCLUDE RESIDENTIAL OR OFFICE USES, AND
PROHIBIT HOTELS AND SHORT-TERM RENTALS.
Pursuant to the request of City Commissioner Alex Fernandez, the attached Resolution has been
prepared calling for a City of Miami Beach Special Election to be held on November 8, 2022 for the
purpose of submitting to the City's voters the following question:
FAR Incentive for Residential and Office Uses
on Washington Avenue between 1st and 2nd Street
City Charter requires voter approval before increasing a property's floor
area ratio ("FAR") (how City regulates building size).
FAR in 1st Street Overlay (located east side of Washington Avenue between
1st and 2"d Streets) is 1.0, although previously FAR was 2.0.
Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR
incentive from 2.0 to 2.7 for redevelopments that include residential or office
uses, and prohibit hotels and short-term rentals?
Section 1.03(c) of the City Charter provides in pertinent part 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 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."
Page 1130 of 1502
Commission Memorandum—FAR Incentive for Residential/Office on Washington Avenue
July 20, 2022
Page 2
Currently, the maximum zoned floor area ratio ("FAR") in the CPS-1 Commercial performance
standard, limited mixed use district, is 1.0.A First Street Overlay has been proposed for properties
along the east side of Washington Avenue, between 1st and 2nd Streets (the "Overlay"). The
purpose of the Overlay is to incentivize residential and office redevelopments within this limited
portion of the CPS-1 district.
•
This measure contemplates an FAR increase from 1.0 to 2.0 throughout the Overlay, and an FAR
incentive from 2.0 to 2.7 for certain residential and office redevelopments.As proposed, a property
owner would only be eligible for the incentive (to 2.7) if the owner agreed to prohibit hotels and
short-term rentals on the property. Because the measure contemplates an increase in zoned FAR,
the approval of the City's voters is required pursuant to Sec. 1.03(c) of the City Charter. A draft of
the proposed Ordinance is attached to this memorandum.
If the ballot question is approved by the voters on November 8, 2022, a referral to the Planning
Board will be placed on the first available City Commission meeting agenda.
The Miami-Dade County Elections Department has informed the City Clerk that the City's
Resolution calling a November 8, 2022 Special Election must be provided to the County Elections
Department by July 29, 2022. Accordingly, it should be noted that the proposed measure may be
considered by the City Commission either at the July 20, 2022 City Commission meeting or, at
the latest, the Special Meeting scheduled for July 25, 2022.
FISCAL IMPACT STATEMENT
The Miami-Dade County Elections Department has provided the City Clerk with an estimate of
approximately$28,559.85 (Cost Estimate for One Page Ballot) and $56,217.70(Cost Estimate in
the Scenario Multiple Questions Triggers an Additional Page) to conduct the November 8, 2022
Special Election, which includes the costs associated with 14 days of Early Voting. (See
Department of Election Estimates.) Additionally, the City will incur approximately $42,000 in
legally mandated advertisements, required by the Florida Statutes and the City Code, to notice
this Special Election.
Amount(s)/Acount(s):
$28,559.85- Estimate 1-page ballot (Scenario 1)
$56,217.70- Estimate 2-page ballot (Scenario 2)
$42,000.00 - Estimate of Legally Mandated Advertisements for Special Election (Charter
Amendments/Ballot Questions)
Maximum Estimated Amount: $98,217.70
Account: 011-9322-000312-90-400-592-00-00-00
RAP/ag
Page 1131 of 1502
ESTIMATE
City of Miami Beach -Piggyback Election -November 8, 2022
Rafael E.Granado,City Clerk Estimate N°: MBEACH(2)-PB-11082022
City of Miami Beach Estimate Date: June 21,2022
1700 Convention Center Dr.,#200
Miami Beach,FL 33139
Registered Voters: , 50,287 Early Voting Days:
Precincts: 29 Early Voting Sites:
Polling Places: 24
Permanent Absentee Ballots: 14,792
Personnel $Salaries&Fringe Benefits,Overtime,Poll Workers
Polling Places Security,Polling Place Rentals
Supplies and Services
Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles Truck Rentals,GSA Vehicles
Printing and Advertising 25,143.50
Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters
Ballot Creation 820.00
_ In-House&Outside Contractual Services,Translations-Based on one question
Administrative Overhead 2,596.35
Indirect Costs,Logic&Accuracy,Post-Election Audits
`TOTAL $ 28.559.85
-Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your questions)/race(s)
creates an additional ballot page,the cost will be adjusted accordingly.
For more information,you may contact:
Raimundo Delgado
Manager,Budget and Finance
Miaml-Dade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
Office:305-499.8424 E-mall:raimundo.delgado@miamidade.gov
Page 1132 of 1502
ESTIMATE
City of Miami Beach -Piggyback Election -November 8, 2022 w/additional page
Rafael E.Granado,City Clerk Estimate N°: MB-(2)-PB-110822
City of Miami Beach Estimate Date: June 17,2022
1700 Convention Center Dr.,#200
Miami Beach,FL 33139
Registered Voters: 50,287 Early Voting Days:
Precincts: 29 Early Voting Sites:
Polling Places: 24
Permanent Absentee Ballots: 14,792
Personnel $ -
Salaries&Fringe Benefits,Overtime,Poll Workers
Polling Places
Security,Polling Place Rentals
Supplies and Services Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles Truck Rentals,GSA Vehicles
Printing and Advertising 50,287.00
Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage
Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters
Ballot Creation 820.00
In-House&Outside Contractual Services,Translations-Based on one question
Administrative Overhead 5,110.70
indirect Costs,Logic&Accuracy,Post-Election Audits
*TOTAL
- Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your questions)/race(s)
creates an additional ballot aaae, the cost will be adjusted accordingly.
For more information,you may contact:
Raimundo Delgado
Manager,Budget and Finance
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
Office:305-499-8424 E-mail:raimundo.delgado@miamidade.gov
Page 1133 of 1502