R7C-Call Special Election Increase FAR For Ocean Terrace Overlay District -Mala'DE7 MIAAAIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CIry ATTORNEY COMMISSION
MEMOMNDUM
TO:
FROM:
DATE:
SUBJECT:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
ttul.*AcltF_& J- Cu (
GITY ATTORNEY
September 2,2015
A RESOLUTION OF THE MAYOR AND CIry GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2015
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE GITY OF MIAMI BEACH, FLORIDA, A QUESTION
ASKTNG WHETHER THE FLOOR AREA RATTO (FAR) FOR THE "OCEAN
TERRACE OVERLAY DISTRIGT," WITH AN UNDERLYING ZONING
DESIGNATION OF "COMMERCIAL DISTRICT-2" ("CD-2") AND "MIXED
usE ENTERTAINMENT DISTRICT" ("MXE"), BE INCREASED FROM A
MAXIMUM 2.0 FAR TO A MAXIMUM 3.0 FAR FOR RESIDENTIAL AND
HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
COMMERCIAL USES; WHIGH OGEAN TERRACE OVERLAY DISTRICT lS
LOCATED BETWEEN 73RD AND 75TH STREETS, COLLINS AVENUE, AND
OCEAN TERRACE?
Pursuant to the request of City Commissioner Joy Malakoff, the attached Resolution has
been prepared calling for a City of Miami Beach Special Election to be held on November 3,
2015 for the purpose of submitting to the City's voters the following question:
SHALL THE FLOOR AREA RATIO (FAR) FOR THE "OCEAN TERRACE
OVERLAY DISTRICT," LOCATED BETWEEN 73RD AND 75TH STREETS,
COLLINS AVENUE, AND OGEAN TERRACE, WHICH HAS UNDERLYING
zoNlNG DESIGNATION OF "COMMERCIAL DISTRICT-2" ("CD-2") AND
"MlxED USE ENTERTAINMENT DISTRICT" ("MXE"), BE INCREASED FROM
A MAXIMUM OF 2.0 FAR TO A MAXIMUM OF 3.0 FAR FOR RESIDENTIAL
AND HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
GOMMERCIAL USES?
Agenda ttem RZ C
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Pursuant to the City Charter Section 1.03(c), the City is required to hold an election and
obtain a majority vote of the electorate in order to authorize any increase in the Floor Area Ratio
(FAR) of any property. The City is seeking to create the "Ocean Terrace Overlay District," which
district is located between 73'd and 75th Streets, Collins Avenue, and Ocean Terrace. The
underlying properties are zoned Commercial District 2 (CD-z) and Mixed Use Entertainment
(MXE), and currently have a maximum FAR of 2.0. The proposed FAR increase of 1.0, from a
maximum FAR of 2.0 to 3.0, would be restricted to residential and hotel uses and could not be
utilized for commercial/retail uses.
Finally, pursuant to directive of the Miami-Dade County Elections Department, the
final date by which the City may adopt its Resolution placing a ballot measure on the
November 3, 2015 ballot is September 4, 2015. Accordingly, this matter is timely
presented to the City Commission and adoption of the attached Resolution may take place
at today's meeting.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2015 SPEGIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAM! BEACH, FLORIDA, A QUESTION ASKING
WHETHER THE FLOOR AREA RATIO (FAR) FOR THE "OCEAN TERRACE
OVERLAY DISTRICT," WITH AN UNDERLYING ZONING DESIGNATION OF
"GOMMERCIAL DISTRICT-2" ("CD-2"1 AND "MIXED USE ENTERTAINMENT
D|STRICT" ("MXE"), BE INGREASED FROM A MAXIMUM 2.0 FAR TO A
MAXIMUM 3.0 FAR FOR RESIDENTIAL AND HOTEL USES ONLY, AND
ALLOW NO FAR INCREASE FOR COMMERCIAL USES; WHICH OCEAN
TERRACE OVERLAY DISTRICT IS LOCATED BETWEEN 73RD AND 75TH
STREETS, COLLINS AVENUE, AND OCEAN TERRACE?
WHEREAS, pursuant to Section 1.03(c) of the City Charter, the floor area ration (FAR)
of any property 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, including any limitation on floor area ratios which are
in effect by virtue of development agreements through the full term of such agreements, unless
anv such increase in zoned floor area ratio for anv such propertv shall first be approved bv a
vote of the electors of the City of Miami Beach; and
WHEREAS, the City would like to schedule a vote of the electorate for Tuesday,
November 3,2015, in order for the residents of Miami Beach to vote on whether the residential
and hotel use FAR for the proposed Ocean Terrace Overlay District should be allowed; and,
WHEREAS, The City desires to place the question on the ballot and call a special
election.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. ln accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and directed to
be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November
3,2015, 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 as set forth in the attached Exhibit "A".
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SECTION 4. Not less than thirty (30) days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald, a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
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:OO
A.M. UNTIL 7:OO P.M. ON THE 3RD DAY OF NOVEMBER, 2015, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
1.0 MAXIMUM FAR INCREASE FOR RESIDENTIAL AND
HOTEL USES IN OCEAN TERRACE OVERLAY DISTRICT
SHALL THE FLOOR AREA RATTO (FAR) FOR THE "OCEAN TERRACE
OVERLAY DISTRICT," LOGATED BETWEEN 73RD AND 75TH STREETS,
COLLINS AVENUE, AND OGEAN TERRAGE, WHIGH HAS UNDERLYING
zoNlNG DESIGNATION OF "COMMERGIAL DISTRICT-2" ("CD-2") AND
"MtxED USE ENTERTAINMENT DISTRIGT" ("MXE"), BE INGREASED FROM
A MAXIMUM OF 2.0 FAR TO A MAXIMUM OF 3.0 FAR FOR RESIDENTIAL
AND HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
COMMERCIAL USES?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and 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
3,2015, hereby called, shall be in substantially the following form, to-wit:
888
..OFFIClAL BALLOT''
1.0 MAXIMUM FAR INCREASE FOR RESIDENTIAL AND
HOTEL USES IN OCEAN TERRAGE OVERLAY DISTRICT
SHALL THE FLOOR AREA RATIO (FAR) FOR THE "OGEAN TERRACE
OVERLAY DISTRICT," LOCATED BETWEEN 73RD AND 75TH STREETS,
COLLINS AVENUE, AND OCEAN TERRACE, WHIGH HAS UNDERLYING
zoNING DESIGNATION OF "COMMERCIAL DISTRICT-2" ("CD-2") AND
"MtxED USE ENTERTATNMENT DISTRICT" ("MXE"), BE !NCREASED FROM
A MAXIMUM OF 2.0 FAR TO A MAXIMUM OF 3.0 FAR FOR RESIDENTIAL
AND HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
COMMERGIAL USES?
YES
NO
SECTION 7. The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
SECTION 8. Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida 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 this Special Election until 5:00 p.m. on 2015.
All persons eligible to vote at this Special Election must be registered before the time and date
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 Office. All questions concerning voter
registration should be directed to the Miami-Dade County Elections Office, 27OO N.W. 87th
Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 9. 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 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. lf 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.
889
SECTION 12. This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
2015.
Rafael E. Granado, City Clerk
(Requested by City Commissioner Joy Malakoff)
APPI?OVED AS TO
FORM & LANGUAGE
& FOR EXECUNON
Cfyffiomey
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Dote
890
1.0 FAR INCREASE FOR OCEAN TERRACE OVERLAY DISTRICT FOR
RESIDENTIAL AND HOTEL USES
PROPOSED BALLOT QUESTION AND AMENDED TEXT
NOVEMBER 3,2015 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
{.0 FAR INCREASE FOR OCEAN TERRACE OVERLAY DISTRICT FOR
RESIDENTIAL AND HOTEL USES
SHALL THE FLOOR AREA RATTO (FAR) FOR THE "OGEAN TERRACE
OVERLAY DISTRICT," WITH AN UNDERLYING ZONING DESIGNATION OF
"GoMMERCIAL DISTRICT-2" ("CD-2") AND "MIXED USE ENTERTATNMENT
DtsTRtcT" ("MXE") BE TNCREASED FROM A 2.0 FAR TO A 3.0 FAR FOR
RESIDENTIAL AND HOTEL USES ONLY, AND ALLOW NO FAR INGREASE
FOR COMMERCIAL USES, WHIGH OGEAN TERRACE OVERLAY DISTRICT
IS LOCATED ON THE TWO SQUARE BLOCKS OF 73RD AND 74TH STREETS
BETWEEN COLLINS AVENUE AND OGEAN TERRACE?
YES
NO
II. PROPOSED CITY CODE TEXT:
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