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Ordinance 2024-4582Process for Future Increases in FAR (Amended for Second Reading) ORDINANCE NO. 2024-4582 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 1, ENTITLED "GENERAL TO ALL ZONING DISTRICTS," BY CREATING SECTION 7.1.10, ENTITLED "PROCEDURES FOR INCREASING ALLOWABLE FLOOR AREA AND FLOOR AREA RATIO (FAR)," TO ESTABLISH POLICIES, PROCEDURES AND REQUIREMENTS FOR THE REVIEW OF FUTURE INCREASES IN FLOOR AREA AND/OR FLOOR AREA RATIO (FAR); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Charter Section 1.03(c) provides that "[t]he 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"; and WHEREAS, on June 28, 2023, the Florida Governor signed into law Senate Bill 718 (2023), which broadly prohibits "[a]n initiative or referendum process in regard to any land development regulation" (the "New Law"), thereby narrowing the applicability of the voter referendum requirement in Charter Section 1.03(c); and WHEREAS, in light of the foregoing, the City Commission now desires to adopt a more thorough and transparent process for the review of future increases in floor area and/or floor area ratio ("FAR"); and WHEREAS, the City's Land Development Regulations establish the maximum allowable FAR for all zoning districts in the City; and WHEREAS, the City has the authority to enact lawswhich promote the public health, safety, general welfare, and morals of its citizens; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 7, entitled "Zoning Districts and Regulations," Article I, entitled "General to All Zoning Districts," is hereby amended in the Resiliency Code of the City of Miami Beach, Florida as follows: CHAPTER 7 ZONING DISTRICTS AND REGULATIONS ARTICLE I. — GENERAL TO ALL ZONING DISTRICTS Page 1 of 5 7.1.10 PROCEDURES FOR INCREASING ALLOWABLE FLOOR AREA AND FLOOR AREA RATIO (FAR) 7.1.10.1 Intent The regulations set forth in this Section 7. 1.10 shall be in addition to the regulations in Chapter 2, Article IV of these Land Development Regulations. In the event of a conflict between this Section 7. 1.10 and Chapter 2. Article IV. the provisions of Section 7. 1.10 shall control. 7.1.10.2 Eligible applicants a. Private applications. For FAR increases specific to a private property, unified development site or other development, the property owner shall first be required to file an application directly with the planning board. Subsequent to filing, a copy of the application and all exhibits shall be transmitted to all registered neighborhood association(s) in the affected area. Additionally, for applications for FAR increases within a local historic district, a copy of the application and exhibits shall be transmitted to the Miami Design Preservation League (MDPL). b. Citv Commission referrals. For FAR increases that are not limited to a specific private property, unified development site, or other development, and which apply more broadly (e.g. citywide or within defined overlays), as well as modifications to floor area exceptions or new FAR incentives tied to specific uses or benchmarks, an amendment to the Land Development Regulations shall be initiated through a referral by the City Commission to the Planning Board. Any referral to the Planning Board initiated under this paragraph shall require an affirmative 5/7ths vote of the City Commission. 7.1.10.3 Planning Board review Any ordinance subject to this Section 7.1.10 shall require a 3 -step review process before the Planning Board, as follows: a.Step One — Planning Board Preliminary Review. The Plannina Board. at a dulv noticed Dublic hearina. shall perform an initial review of the proposed ordinance. Notice of the Plannina Board preliminary review hearing shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. If the proposed ordinance involves less than ten (10) contiguous acres, the notice requirements for the preliminary Planning Board review shall also include a minimum 30 -day mail notice for all properties within 375 feet of the properties subject to the proposed floor area or FAR increase, and a 30 -day published notice. Prior to the Planning Board's preliminary review stage, the Administration, either internally or with the assistance of an outside consultant, will perform an impact analysis of the proposed FAR increase; and such impact analysis shall include, but not be limited to, the following: Page 2 of 5 1. Calculation of the actual square footage increase for affected properties such as, for example, the maximum allowable square footage for residential, office, retail, hotel or other uses resulting from the FAR increase. 2. An infrastructure analysis regarding potential impacts on traffic/mobility, parking, water, sewer, resiliency, parks and open space, as well as any other area of concern identified by the City Commission or the Administration. 3. Massina studies. which illustrate the volume and location of the area associated with the proposed increase in FAR. For private applications, the applicant shall be required to provide all data and exhibits related to the above noted impact analysis as part of the application submission. The findinas of this impact analvsis shall be presented to the Plannina Board at the preliminary review stage. b. Step Two — Community Outreach Meeting: Subseauent to the Plannina Board's Dreliminary review meetina. the Citv shall facilitate a public meeting for all affected stakeholders, in order to solicit additional input and feedback, as well as for City staff to address any outstanding issues or questions. A_ reasonable effort shall be made to ensure that such public meeting is held no later than 45 days from the date of the preliminary review by the Planning Board. Courtesy notice of the meeting shall be given by the applicable City department, in coordination with the Planning Department, in a manner consistent with the City's courtesy notices for other community meetings, workshops, or presentations. C. Step Three — Planning Board Transmittal: At a second duly noticed public hearing, which is separate and apart from the preliminary review hearing, the Planning Board shall consider and transmit the proposed ordinance to the City Commission with a recommendation. Notice of this transmittal hearing shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. 7.1.10.4 City Commission review Any ordinance subject to this Section 7.1.10 shall require a 3 -step review process before the City Commission, as follows: a. Step One — First Reading Public Hearing: After transmittal of the ordinance by the Dlannina board, the Citv Commission shall hold a first reading public hearing. Notice of the first reading shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. If the proposed ordinance involves less than ten (10) contiguous acres, the notice requirements for first reading shall also include a minimum 30 -day mail notice for all properties within 375 feet of the properties subject to the proposed floor area or FAR increase, and a 30 -day published notice. b. Step Two — Community Workshop: Subsequent to the approval of the ordinance at first reading, and prior to second reading, at least one additional community workshop, which is separate and apart from the first reading public Page 3 of 5 hearing, shall be held. This additional community workshop shall be considered a courtesy meeting, and open to participation by all affected stakeholders, including residents, property owners, or businesses in the surrounding area that may be affected by the proposed floor area or FAR increase, as determined by the City Commission. Such community workshops may be held in a virtual, in-person or hybrid formats, at the discretion of the City Commission, and shall be noticed in a manner to be determined by the City Commission. c. Step Three — Second Reading / Adoption Public Hearing: After the community workshop described above, the City Commission shall hold a second reading public hearing to consider final adoption of the proposed ordinance. Notice of the second reading shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. 7.1.10.5 Exceptions The city commission. by an affirmative five -sevenths vote, may waive the requirements set forth in Section 7.1.10.1-4 for the following types of amendments: a. An FAR increase or modification to a floor area exception resulting in an increase in floor area that is no more than 10% of the allowable floor area for an individual property or b. A modification to a floor area exception that applies citywide and would not result in a substantial increase in allowable floor area. as determined by the city_ commission at the city commission's sole discretion. If the city commission waives the requirements set forth in Section 7.1.10.1-4. the amendment shall otherwise be subject to the applicable notice and amendment provisions in Chapter 2. Article IV of the Land Development Regulations. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; 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 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE, This Ordinance shall take effect ten days following adoption. Page 4 of 5 PASSED AND ADOPTED this 3/ day of kci''l oX0 2y . Steven Meiner, Mayor ATTES T: VV FEB 0 6 2024 Rafael E. Granado, City Clerk. First Reading: December 13, 2023'''QRc Second. Reading: nuary 31 02 Verified by: Thomas R. Mooney, AICP Planning Director APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION ORATED =City Attorney �V Date T:\Agenda\2024\1 January 2024\Planning\Process for Future FAR Increases - Second Reading ORD.docx Sponsored by Commissioner Alex J. Fernandez Co -Sponsored by Mayor Steven Meiner Co -Sponsored by Commissioner Kristen Rosen Gonzalez Co -Sponsored by Commissioner Laura Dominguez Co -Sponsored by Commissioner Tanya K. Bhatt Page 5of5 Ordinances - R5 D MIA&AI BEACH :r COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 31, 2024 10:35 a.m. Second Reading Public Hearing SUBJECT: PROCESS FOR FUTURE INCREASES IN FAR AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE I, ENTITLED "GENERAL TO ALL ZONING DISTRICTS, BY CREATING SECTION 7.1.10, ENTITLED "PROCEDURES FOR INCREASING ALLOWABLE FLOOR AREA AND FLOOR AREA RATIO (FAR)," TO ESTABLISH POLICIES, PROCEDURES AND REQUIREMENTS FOR THE REVIEW OF FUTURE INCREASES IN FLOOR AREA AND/OR FLOOR AREA RATIO (FAR); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY On May 17, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred a proposal pertaining to an enhanced process for future FAR increases (C4 'B) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. On July 19, 2023 the LUSC discussed and continued the item to the September 27, 2023, LUSC meeting with direction to study an exceptions provision based upon defined percentage and square footage thresholds, and the input and recommendations of the Planning Board. After the ordinance was transmitted to the City Commission by the Planning Board, Mayor Steven Meiner and Commissioner Kristen Rosen Gonzalez became co-sponsors of the item.. On May 2, 2023, the Florida Legislature passed Senate Bill (SB) 718, which prohibits local governments from requiring an initiative or referendum process for amendments to land development regulations. On June 28, 2023, the bill was signed into law by the Governor and became effective on July 1, 2023. The law pre-empts certain provisions in the City Charter that currently require voter approval before increasing a property's floor area ratio (FAR). ANALYSIS An increase in FAR requires an amendment to the Land Development Regulations of the City Page 1066 of 2002 Code (LDRs). Currently, an LDR amendment can be sponsored by the Mayor or any member(s) of the City Commission but requires a 4/7ths vote for referral to the Planning Board. Also, a private applicant may file an application directly to the Planning Board. In addition to the review and recommendation of the Planning Board, all LDR amendments require two (2) separate readings before the City Commission, and at least one these readings must be a public hearing. Also, a 5/7ths vote of the City Commission is required to adopt any LDR amendment. The following is a summary of the proposed process for future FAR increases included in the draft ordinance approved at First Reading: Eligible Applicants: • For FAR increases specific to private properties, the property owner would file an application directly to the Planning Board. NOTE: Subsequent to the filing of a private application, a copy of the application and all exhibits shall be sent to any affected registered neighborhood association(s). Additionally, for applications located within a local historic district, a copy of the application and exhibits shall be sent to the Miami Design Preservation League (MDPL). • For FAR increases that are intended to apply more broadly (e.g. citywide or within defined overlays), as well as modifications to FAR exceptions or creating FAR incentives, the amendment to the LDRs would need to be initiated by the City Commission. Such FAR increases would also require a 517th vote of the City Commission to refer a proposed ordinance to the Planning Board.. Planning Board Review The proposed FAR increase or modification to an exception to the definition of floor area would require a 3 -step process before the Planning Board, as follows: Step One — Planning Board Prelimina Review: The Planning Board, at a duly noticed public hearing, shall perform an initial review of the proposed LDR amendment pertaining to a FAR increase or modification to an FAR exception. Notice for the Planning Board preliminary review hearing shall be in accordance with the applicable provisions in the LDRs. The notice requirements for the preliminary Planning Board review of a private application filed by a property owner shall also include a minimum 30 -day mail and published notice if the proposed amendment involves less than ten (10) contiguous acres. Prior to the LDR amendment being considered by the Planning Board at the preliminary review stage, the Administration, either internally or with the assistance of an outside consultant, would perform an impact analysis of the proposed FAR change; such impact analysis would include, but not be limited to, the following: 1. Calculating the actual square footage increase for affected properties such as, for example, the maximum allowable square footage for residential, office, retail, hotel or other uses resulting from the FAR increase. 2. An infrastructure analysis regarding potential impacts on traffic/mobility, parking, water, sewer, resiliency, parks and open space, as well as any other area of concern identified by the City Commission or the Administration. 3. Massing studies, which illustrate the volume and location of the area associated with the Page 1067 of 2002 proposed increase in FAR. The findings of this impact analysis will be presented to the Planning Board at the preliminary review stage. Step Two — Community Outreach Meeting: Subsequent to the preliminary review meeting at the Planning Board, the City shall facilitate an advertised public meeting for all affected stakeholders, in order to solicit additional input and feedback, as well as for city staff to address any outstanding issues or questions. Such meeting shall be advertised in accordance with community meeting notice protocol. Step -Three — Planning Board Transmittal: At a second duly noticed public hearing, which is separate and apart from the preliminary review hearing, the Planning Board shall consider and transmit the proposed LDR amendment pertaining to an FAR increase or modification to an FAR exception to the City Commission with a recommendation. Notice for the planning board transmittal hearing shall be in accordance with the applicable provisions in the LDRs. City Commission Review The proposed FAR increase or modification to an exception to the definition of floor area would require a 3 -step process before the City Commission, as follows: Step One — First Reading Public Hearing: After transmittal of the amendment by the planning board, the City Commission shall hold a first reading public hearing. Notice for first reading shall be in accordance with the applicable provisions in the LDRs. Additionally, the notice for first reading public hearing of a private application filed by a property owner shall also include a minimum 30 -day mail and published notice. Step Two — Community Workshop: Subsequent to the approval of the amendment at first reading, and prior to second reading, at least one additional community workshop, which is separate and apart from the first reading public hearing, shall be held. This additional community workshop shall be considered a courtesy meeting, and open for participation by all affected stakeholders, including any adjacent areas, neighborhoods and properties that may be affected by the proposed FAR increase, as determined by the City Commission. Such community workshops may consist of virtual, in- person or hybrid formats, at the discretion of the City Commission, and shall be noticed in a manner to be determined by the City Commission. Step Three — Second Reading /Adoption Public Hearing: After the community workshop described above, the City Commission shall hold a second reading, public hearing to consider final adoption of the proposed amendment. Notice for second reading shall be in accordance with the applicable provisions in the LDRs. SUMMARY The current process for considering an LDR amendment is robust, as it requires planning board review at a public hearing, as well as two (2) readings before the City Commission, at least one (1) of which must be a public hearing. Also, the City Commission already has the authority to seek supplementary review from the planning board, and to require applicable impact analysis and community outreach in the form of courtesy meetings and workshops. Page 1068 of 2002 Codifying a more elaborate process as proposed herein would create a longer process for future LDR amendments that pertain to FAR, although the proposal herein would likely entail a shorter process than a voter referendum. The process proposed herein could also have potential staffing and budget implications, depending on the number of requests for FAR increases, and the extent of public outreach that may be required. Community, workshops require a significant amount of staff resources in terms of advertising, identifying locations, setting up AV equipment, preparing workshop materials, and staffing the workshop. Finally, some proposals to increase FAR may have significant public policy benefits (e.g., workforce housing and historic preservation) or may be more minor in nature (e.g., amending an exception to the definition of floor area). As such, the Administration recommended a waiver provision to provide the City Commission with discretion to allow, at its discretion, a shorter timeframe consistent with the current LDR amendment process. PLANNING BOARD REVIEW On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board also recommended the following: 1. An exceptions provision should be included for smaller increases in FAR and limited exceptions to the definition of floor area. The exception should be based on a specific square footage and/or percentage of floor area and include an upper limit. 2. The notice provisions for Planning Board review and First Reading City Commission review should be clarified to include a minimum mail notice radius of 375' from properties associated with a private application involving less than 10 acres, as well as ensuring notice for affected neighborhood associations. 3. Include a requirement that community workshops be held no later than 45 days from the first review by the Planning Board. The draft ordinance approved at First Reading included the mail notice clarification noted above. The remainder of the recommendations have been incorporated into the Second Reading ordinance. UPDATE The subject ordinance was approved at First Reading on December 13, 2023, subject to the inclusion of the recommendations of the Planning Board. The following is a summary of the inclusion of the Planning Board recommendations: 1. The recommendation pertaining to the mail notice radius was previously addressed and included in the text of the ordinance at First Reading. 2. To address the recommendation regarding community workshops being held no later than 45 days from the first review by the Planning Board, the following text has been added to the ordinance: A reasonable effort shall be made to ensure that such public meeting is held no later than 45 Page 1069 of 2002 days from the date of the preliminary review by the Planning Board. 3. To address the recommendation regarding a limited exception provision, the following text has been added: 7.1.10.5 EXCEPTIONS The city commission, by an affirmative five -sevenths vote, may waive the requirements set forth in Section ,7.1.10.1-4 for the following types of amendments: a. An FAR increase or modification to a floor area exception resulting in an increase in floor area that is no more than 10% ofthe allowable floorarea foran individual property or site, not to exceed a total of 5, 000 additional square feet of floor area per property or site. b. A modification to a floor area exception that applies citywide and would not result in a substantial increase in allowable floor area, as determined by the city commission at the city commission's sole discretion. If the city commission waives the requirements set forth in Section 7.1.10.1-4, the amendment shall otherwise be subject to the applicable notice and amendment provisions in Chapter 2, Article IV of the Land Development Regulations. All the above noted amendments are included in the revised ordinance for Second Reading. Additionally, at First Reading, and in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based on circumstances unique to the proposed amendment. Additionally, at First Reading, and in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based on circumstances unique to the proposed amendment. BUSINESS IMPACT ESTIMATE In accordance with Section 166.041 (4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and as published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations. LOBBYIST DISCLOSURE In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary sponsor as it relates to the subject ordinance amendment: 1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No 2. If so, specify name of lobbyist(s) and principal(s). Not Applicable SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION No Fiscal Impact Expected Page 1070 of 2002 CONCLUSION The Administration recommends that the City Commission adopt the subject ordinance. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Yes Legislative Tracking Planning Does this item utilize G.O. Bond Funds? No Sponsor Commissioner Femandez/Co-sponsored by Mayor Meiner, Comm. Rosen Gonzalez, Dominguez &-Bhatt ATTACHMENTS: Description D LTC 382-2023 D Ordinance D BIE Statement SIGNED Page 1071 of 2002 MIinAIBEACH OFFICE OF THE CITY CLERK 382-2023 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Rafael E. Granado, City Clerk / V+ DATE: August 31, 2023 VVV SUBJECT:. Ad Hoc Advisory Charter Review and Revision Board - ("Charter Review Board") - Motion Regarding Charter Sec. 1.03(c) On May 17, 2023, and at the request of Commissioner Alex Fernandez, the City Commission referred the following item to the Ad Hoc Advisory Charter Review and Revision Board ("Charter Review Board"): REFERRAL TO THE AD HOC ADVISORY CHARTER REVIEW AND REVISION BOARD — CONSIDER WHETHER TO. AMEND THE LAND DEVELOPMENT REGULATIONS TO REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION PRIOR TO ADOPTING ANY FUTURE INCREASE TO THE ZONED FLOOR AREA RATIO ("FAR") OF ANY PROPERTY IN THE CITY, IN THE EVENT THAT FLORIDA GOVERNOR RON DESANTIS SIGNS SENATE BILL 718 INTO LAW, WHICH WOULD PROHIBIT ANY INITIATIVE OR REFERENDUM PROCESS IN REGARD TO A LAND DEVELOPMENT REGULATION, THEREBY LIMITING THE CITY'S ABILITY TO CALL A REFERENDUM FOR FUTURE FAR INCREASES PURSUANT TO CITY CHARTER SECTION 1.03(C). The Charter Review Board discussed the above referral on June 13th, August 1st, and August 29th as part of its ongoing review of City Charter Section 1.03(c), pertaining to increases in floor area ratio ("FAR"). On August 29th, the Charter Review Board voted unanimously to recommend that the City Commission adopt the Ordinance creating a process for the review of future increases in FAR, which is currently scheduled for First Reading on September 13, 2023. The Board also recommended that the Commission include a reasonable timeframe in the Ordinance for the review of each FAR increase; and that the City Commission's voting requirement for FAR increases remain at the current supermajority 5/7ths vote. F:\CLER\$ALL\REG\LTCB\LTC 2023 - Ad Hoc Advisory Charter Review and Revision Board - ("Charter Review Board") - Motion Regarding Charter Sec. 1.03(c).docx Page 1072 of 2002 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Steven Meiner and Members of the City Commission FROM: Alina T. Hudak, City Manager PwA&j, MEETING DATE: January 31, 2024 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: PROCESS FOR FUTURE INCREASES IN FAR AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE I, ENTITLED "GENERAL TO ALL ZONING DISTRICTS," BY CREATING SECTION 7.1.10, ENTITLED "PROCEDURES FOR INCREASING ALLOWABLE FLOOR AREA AND FLOOR AREA RATIO (FAR)," TO ESTABLISH POLICIES, PROCEDURES AND REQUIREMENTS FOR THE REVIEW OF FUTURE INCREASES IN FLOOR AREA AND/OR FLOOR AREA RATIO (FAR); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? ❑ Yes X No (!f no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above -referenced Ordinance is not required by State law. ❑ The proposed Ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed Ordinance relates to the issuance or refinancing of debt; ❑ The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; ❑ The proposed Ordinance is an emergency ordinance; ❑ The Ordinance relates to procurement; or ® The proposed Ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; Page 1078 of 2002 January 31, 2024 Page 2 c.Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Page 1079 of 2002 January 31, 2024 Page 3 If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166:041(4), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself, which are attached hereto. 2. An estimate of the direct economic impact of the proposed Ordinance on private, for- profit businesses in the City of Miami Beach, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed Ordinance or for which businesses will be financially responsible; and (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. Not Applicable 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: Not Applicable 4. Additional comments: Page 1080 of 2002