Resolution 2022-32257 RESOLUTION NO. 2022-32257
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 THE CITY SHALL INCREASE FLOOR AREA RATIO ("FAR") FROM
2.25 TO 3.0 IN THE NORTH BEACH OCEANSIDE RESORT OVERLAY
DISTRICT (OCEANFRONT PROPERTIES FROM 6605 — 6757 COLLINS
AVENUE), WHERE NOT ALREADY PERMITTED, AND FROM 3.0 TO 4.5 FOR
PROJECTS INCLUDING A HOTEL (WITH A MINIMUM OF 150 ROOMS), A
MINIMUM LOT SIZE OF 150,000 SQUARE FEET, 50% REDUCTION FROM THE
MAXIMUM ZONED DENSITY, WITH OWNER TO PROVIDE A PUBLIC
RECREATIONAL FACILITY AND BEACH ACCESS.
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:
North Beach Oceanside Resort Overlay
District (the "Overlay") Floor Area Ratio ("FAR") Increase
Floor area ratio ("FAR") regulates building size. Under the City
Charter, FAR increases require voter approval.
Shall City increase FAR in Overlay (oceanfront properties from 6605-
6757 Collins Avenue) from 2.25 to 3.0, where not already permitted,
and provide FAR incentive from 3.0 to 4.5 for projects meeting
following criteria:
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 webite, 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
• hotel with minimum 150 rooms,
• 150,000 square feet minimum lot size,
• 50% reduction from maximum density,
• owner provides public recreational facility and beach access?
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"
North Beach Oceanside Resort Overlay
District (the "Overlay") Floor Area Ratio ("FAR") Increase
Floor area ratio ("FAR") regulates building size. Under the City
Charter, FAR increases require voter approval.
Shall City increase FAR in Overlay (oceanfront properties from 6605-
6757 Collins Avenue) from 2.25 to 3.0, where not already permitted,
and provide FAR incentive from 3.0 to 4.5 for projects meeting
following criteria:
• hotel with minimum 150 rooms,
• 150,000 square feet minimum lot size,
• 50% reduction from maximum density,
• owner provides public recreational facility and beach access?
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).
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
4
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 620 day of ilk , 2022.
ATTEST:
DAN GELBER, MAYOR
RAFAEL E. GRA D , CITY CLERK =
W CORP GRATED; Z
(Sponsored by Mayor Dan Gelber) Po'Aig APPROVED AS TO
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&FOR EXECUTION
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City Attorney Py,-z Date (�-e
5
BALLOT QUESTION AND PROPOSED AMENDED CITY CODE TEXT
NOVEMBER 8, 2022 SPECIAL ELECTION
I. BALLOT QUESTION:
North Beach Oceanside Resort Overlay
District (the "Overlay") Floor Area Ratio ("FAR") Increase
Floor area ratio ("FAR") regulates building size. Under the City
Charter, FAR increases require voter approval.
Shall City increase FAR in Overlay (oceanfront properties from 6605-
6757 Collins Avenue) from 2.25 to 3.0, where not already permitted,
and provide FAR incentive from 3.0 to 4.5 for projects meeting
following criteria:
• hotel with minimum 150 rooms,
• 150,000 square feet minimum lot size,
• 50% reduction from maximum density,
• owner provides public recreational facility and beach access?
Yes
No
6
II. DRAFT PROPOSED AMENDED CITY CODE TEXT:
The first reading of the proposed code amendment is a companion agenda item
included as part of Item R5 P on the July 20, 2022 City Commission agenda.
Subject to voter approval of the FAR increase, the Final Ordinance is subject to
revision as part of the legislative process, including review/approval by the
Planning Board and City Commission.
7
Resolutions-R7 X
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 THE CITY SHALL INCREASE FLOOR
AREA RATIO ("FAR") FROM 2.25 TO 3.0 IN THE NORTH BEACH
OCEANSIDE RESORT OVERLAY DISTRICT (OCEANFRONT
PROPERTIES FROM 6605 — 6757 COLLINS AVENUE), WHERE NOT
ALREADY PERMITTED, AND FROM 3.0 TO 4.5 FOR PROJECTS
INCLUDING A HOTEL(WITH A MINIMUM OF 150 ROOMS),A MINI MUM LOT
SIZE OF 150,000 SQUARE FEET, 50% REDUCTION FROM THE MAXIMUM
ZONED DENSITY, WITH OWNER TO PROVIDE A PUBLIC
RECREATIONAL FACILITYAND BEACH ACCESS.
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
Mayor Dan Gelber
Page 1157 of 1502
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Resolution
Page 1158 of 1502
y. J ' �--i f f a\ P ' BEACH
V I
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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 11-1---75--
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 THE CITY SHALL INCREASE
FLOOR AREA RATIO `("FAR") FROM 2.25 TO 3.0 IN THE NORTH
BEACH OCEANSIDE RESORT OVERLAY DISTRICT (OCEANFRONT
PROPERTIES FROM 6605 - 6757 COLLINS AVENUE), WHERE NOT
ALREADY PERMITTED, AND FROM 3.0 TO 4.5 FOR PROJECTS
INCLUDING A HOTEL (WITH A MINIMUM OF 150 ROOMS), A MINIMUM
LOT SIZE OF 150,000 SQUARE FEET, 50% REDUCTION FROM THE
MAXIMUM ZONED DENSITY, WITH OWNER TO PROVIDE A PUBLIC
RECREATIONAL FACILITY AND BEACH ACCESS.
Pursuant to the request of Mayor Dan Gelber, 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:
North Beach Oceanside Resort Overlay District'(the `Overlav")
Floor Area Ratio ("FAR") Increase
Floor area ratio ("FAR") regulates building size. Under the City
Charter, FAR increases require voter approval.
Shall City increase FAR in Overlay (oceanfront properties from 6605-
6757 Collins Avenue) from 2.25 to 3.0, where not already permitted,
and provide FAR incentive from 3.0 to 4.5 for projects meeting
following criteria:
Page 1159 of 1502
•
Commission Memorandum— North Beach Oceanside Overlay
July 20, 2022
Page 2
• hotel with minimum 150 rooms,
• 150,000 square feet minimum lot size,
• 50% reduction from maximum density,
• owner provides public recreational facility and beach access?
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, 20011 ... 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,."
The North Beach Oceanside Resort Overlay District ("Overlay") has been proposed for
oceanfront properties from 6605-6757 Collins Avenue. These properties are located
within the RM-3 Residential multifamily, high intensity zoning district. Currently, the
maximum zoned floor area ratio ("FAR") in the RM-3 district is 2.25 for properties equal
to or less than 45,000 square feet and 3.0 for oceanfront lots greater than 45,000 square
feet. _
This ballot question asks the City's voters whether the City shall increase the maximum
FAR for the Overlay from 2.25 to 3.0, where 3.0 is not already permitted; and provide an
FAR incentive from 3.0 to 4.5 for projects meeting the following criteria:
1. A hotel with a minimum of 150 rooms,
2. Minimum lot size of 150,000 square feet,
3. 50% reduction from maximum density, and
4. The owner provides a public recreational facility and beach access.
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.
Ordinances amending the Land Development Regulations and Comprehensive Plan,
respectively, have been placed on the July 20, 2022 City Commission meeting agenda
for First Reading. If the ballot question is approved by the voters on November 8, 2022,
the Ordinances will be placed on the first available City Commission meeting agenda for
Second Reading.
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.
Page 1160 of 1502
Commission Memorandum — North Beach Oceanside Overlay
July 20, 2022
Page 3
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)/Account('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 1161 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 8 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 8 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 8 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 paaee 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 1162 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 $ 56.217.70
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 pace, 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@mlamidade.gov
Page 1163 of 1502