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R7F-Call For A Special Election - HPB And Building Heights -Bower-COMMISSION ITEM SUMMARY Condensed Title: A Resolution calling for an August 14, 2012 special election, for the purpose of submitting to the electorate of the City of Miami Beach a question asking whether the Miami Beach City Charter should be amended to require that, after August 15, 2012, and before becoming effective, any change to Chapter 118, Article II, Division 4 of the City Code ("Historic Preservation Board"), or to Chapter 118, Article X, Division 1-4 ("Historic Preservation"), that either reduces the powers and duties of the board, or creates less stringent historic preservation standards or regulations, first be approved by a majority of voters in a Citywide election? A Resolution calling for an August 14, 2012 special election, for the purpose of submitting to the electorate of the City of Miami Beach a question asking whether Miami Beach City Charter section 1.03 should be amended to require that, after August 15, 2012, and before becoming effective, any change to the City's Land Development Regulations that allows increased maximum building heights in local historic districts shall first be approved by a majority of voters in a Citywide election? Key Intended Outcome Supported: Maintain strong Development Management Policies Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Whether to Adopt the Resolutions? Item Summary/Recommendation: The proposed Charter amendments will require that any ordinance amendment to the LOR's that either reduce the powers and duties of the Historic Preservation Board or that create less stringent historic preservation standards or regulations or that increase the maximum building height in local historic districts must first be approved by a majority of votes in a Citywide election. ADOPT THE RESOLUTIONS. Adviso Board Recommendation: Joint Neighborhoods I Community Affairs & Land Use and Development Committees Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Jorge Gomez, ext. 6150 MIAMI BEACH City Manager .doc 367 Account City Manager AGENDA ITEM .....;;l<._l_i= __ DATE S-9-/L lD MIAMI BEACH ~ COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager __/ DATE: May 9, 2012 'A <I u SUBJECT: A RESOLUTION CALLING ~R AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE {"HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISION 1-4 {"HISTORIC PRESERVATION"), THAT EITHER REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? A RESOLUTION CALLING FOR AN 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? BACKGROUND A discussion regarding a possible charter amendment restricting the manner in which changes to current Land Use Regulations can be made was referred to a joint meeting of the Neighborhoods/Community Affairs and Land Use Committees by the City Commission on June 1, 2011, at the request of Mayor Bower. The Joint Committee met on July 7, 2011 and considered two specific charter amendments requiring voter approval before allowing increased building heights or enacting less stringent standards for historic preservation. After discussing the issues, the Joint Committee passed a motion, by acclimation, moving the item to the full Commission without a recommendation. On July 13, 2011, the City Commission discussed the ballot questions relating to the two charter amendments and voted to defer the matter to the June 2012 Commission Meeting. Furthermore, Mayor Bower requested that the Land Use and Development Committee 368 Memorandum to the City Commission on Height and HP Ballot Questions May9, 2012 Page 2of4 and the Neighborhood/Community Affairs Committee discuss the proposed charter amendments no later than May 2012 in order for the item to be ready for presentation at the June 2012 Commission meeting. At the December 14, 2011 City Commission meeting, Mayor Bower referred to the Land Use and Development Committee and Neighborhoods/Community Affairs Committee the two proposed charter amendments that would strengthen the existing protections for Historic Preservation In Miami Beach. At the same meeting, Commissioner Wolfson also referred to the Land Use and Development Committee a proposal to put the Historic Preservation Board enabling language in the charter to protect the composition and existence of our city's preservation mechanism. At the March 27, 2012 Neighborhood/Community Affairs Committee (NCAC) meeting, the Committee moved to recommend the charter amendment dealing with the City's Historic Preservation process to the full City Commission for its consideration and vote on whether to place it on the August ballot. The motion also included that the charter amendment dealing with heights return to Committee for further discussion in April. The Committee also requested that an ordinance amendment be prepared that would deal with the Board member categories stipulating which ones the Commission would determine would be required to formally constitute the Board and changes thereto would trigger the Charter provision of referendum. At the March 28, 2012 Land Use and Development Committee (LUDC) meeting, the Committee also moved to recommend the charter amendment dealing with Historic Preservation to the full City Commission and return to Committee in April; with further discussion on the charter amendment dealing with heights. Both Committees requested that the charter amendment dealing with heights be presented as a series of alternatives for consideration by the LUDC and NCAC and if possible, conduct it as a joint meeting of both Committees. At a joint meeting of the Neighorhood/Community Affairs and Land Use and Development Committees on April 24, 2012, the Committees recommended the subject ballot question dealing with heights for consideration by the City Commission. ANALYSIS The first proposed charter amendment; drafted in consultation with the City Attorney's Office addresses both the requests made by Mayor Bower and Commissioner Wolfson to protect the City's Historic Preservation processes. 1. Historic Preservation Regulations CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1- 369 Memorandum to the City Commission on Height and HP Ballot Questions May9, 2012 Page 3of4 4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? As discussed in Committee, this Charter amendment, not unlike the Charter provision that deals with the ethics ordinance, will require that any future amendment to the Land Development regulations that diminishes the powers and duties of the Historic Preservation Board or creates a less stringent historic preservation standard or regulation must be approved by referendum before it can become effective. These standards and regulations are contained in Division I through 4 and include the intent and purpose of the Board, the Board's review of projects, the regulations pertaining to the issuance of Certificate of Appropriateness for demolition and the Boards' process for designation among others. This Charter amendment does not include Division 5 of Article X that deals with the Single Family Ad Valorem Tax Exemption provision of the Code. The second proposed charter amendment, prepared after the original referral on June 1, was refined by the Mayor's Office in consultation with the City Attorney's Office to focus on the issue of increases to the height regulations. 2. Height Restrictions CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING INCREASED BUILDING HEIGHTS, EXCEPT FOR CITY PROPERTY. SHALL THE CHARTER BE AMENDED SO THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? After discussion by both the LUDC and NCAC, this proposed Charter amendment was modified to deal with increases in height regulations within the City's local historic districts. This amendment would require a referendum for any proposed ordinance that would increase the maximum building height regulations for those districts within a local historic district. As discussed in Committee this would not apply to amendments that deal with the various height exemptions for those structures that may exceed the maximum building heights like chimneys, wind turbines, rooftop mechanical rooms, etc. CONCLUSION The Administration requests that if the Commission concurs with the Neighborhood I Community Affairs Committee on their request for an ordinance amendment dealing with the Historic Preservation Board member categories and amendments thereto that trigger the referendum, then the Commission should refer such ordinance to the Planning board for their required review. The Administration would also recommend that such proposed ordinance be also reviewed by the Historic Preservation Board for their comments. 370 Memorandum to the City Commission on Height and HP Ballot Questions May9, 2012 Page 4 of4 The deadline for placing ballot questions on the August 14, 2012 primary election is May 25, 2012. The deadline for placing ballot questions on the November 6, 2012, general election is July 24, 2012. JMG/JGG/GMH T:\AGENDA\2012\5-9-12\Height and HP Ballot Questions City Commn mem 5-9-12.doc 371 RESOLUTION NO.----- A RESOLUTION CALLING FOR A AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION"), THAT REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? 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 7:00a.m. to 7:00p.m. on Tuesday, August 14, 2012, 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 in which the official registration books show that the said electors reside. SECTION 4. 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 372 Miami-Dade County. 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 Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §150.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. 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 7:00A.M. UNTIL 7:00P.M. ON THE 14TH DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DMSIONS 1-4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? SECTION 7. _____ YES _____ NO That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: 2 373 "OFFICIAL BALLOT" CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15,2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO SECTION 8. That the absentee voters participating 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 absentee voting. SECTION 9. 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 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this day of ________ , 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL GRANADO, CITY CLERK (Requested by Mayor Matti Herrera Bower) T:\AGENDA\2012\5-9~12\Election Ballot Question-Historic Preservation Reso (4-30- 3 374 PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14,2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 1.06. Public vote required prior to enacting less stringent standards to City's Historic Preservation Regulations. * * * * Any change to City Code Chapter 118. Article II, Division 4. "Historic Preservation Board," or City Code Chapter 118, Article X. Divisions 1-4, "Historic Preservation" which, whether through amendment. exemption. repeal. or otherwise. reduces the powers and duties of the City's Historic Preservation Board. or creates less stringent historic preservation standards or regulations. shall first be approved by a majority vote of the voters in a Citywide referendum. This Charter section shall become effective on the day after its approval by the voters of the City of Miami Beach (August 15, 2012). T:\AGENDA\2012\5-9-12\Eiection Proposed Ballot Question and Text (2012)-Historic Preservation (4-30-12).doc 375 RESOLUTION NO.------ A RESOLUTION CALLING FORA AUGUST 14,2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? 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 7:00a.m. to 7:00p.m. on Tuesday, August 14, 2012, 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 in which the official registration books show that the said electors reside. SECTION4. 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. 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 Office. 376 All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §150.031 and §1 00.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. 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 7:00A.M. UNTIL 7:00P.M. ON THE 14th DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING AN INCREASE TO THE MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? SECTION 7. _____ YES _____ NO That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: 2 377 "OFFICIAL BALLOT" CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING AN INCREASE TO THE MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO SECTION 8. That the absentee voters participating 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 absentee voting. SECTION 9. 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 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ___ day of--------' 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL GRANADO, CITY CLERK . ey?'f-• ---ld.~equested by Mayor Matti Herrera Bower) T:\AGENDA\2012\5-9-12\Eiection Ballot Question-Height Restrictions Reso (4-27-12}.doc 3 378 PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14,2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING AN INCREASE TO THE MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 1.03. Powers of City. * * * * (f) Any change to the Land Development Regulations (LOR's) in the City Code which, whether through amendment. exemption. repeal. or otherwise. allows for increased building heights beyond the maximum building heights permitted by, and existing in. the LOR's as of the effective date of this Charter section (August 15. 2012), within locally designated historic districts. shall, before becoming effective. first be approved by a majority vote in a Citywide referendum. This Charter section shall become effective on the day after its approval by the voters of the City of Miami Beach. T:\AGENDA\2012\5-9-12\Eiection Proposed Ballot Question and Text (2012)-Height Restriction (4-27-12).doc 379 THIS PAGE INTENTIONALLY LEFT BLANK 380