98-22763 RESO
RESOLUTION NO. 98-22763
A RESOLUTION OF THE CITY COMMISSION ADOPTING A POLICY
INTERPRETING THE CHARTER AMENDMENT REQUIRING VOTER
APPROVAL PRIOR TO AN INCREASE IN FLOOR AREA RATIO (FAR) OF
PROPERTY ADJACENT TO THE WATERFRONT AS DESCRIBED IN
SAID AMENDMENT (WITH AN EFFECTIVE DATE OF JUNE 4, 1997).
WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that
On June 3, 1997 (effective June 4, 1997), the citizens of the City of Miami Beach passed a Charter
Amendment which required that: "the floor area ratio of any platted property or street end within the
City of Miami Beach adjacent to the Atlantic Ocean, Government Cut, Indian Creek or Biscayne Bay
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, including any limitations on floor
area ratio which are in effect by virtue of development agreements through the full term of such
agreements, 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 "Charter Amendment"); and
WHEREAS, On December 16, 1997, the Planning Board affirmatively recommended
Zoning Ordinance amendments removing FAR design bonuses and on January 21, 1998, the City
Commission adopted Ordinance No. 98-3107, with an effective date of January 31, 1998, which
amended the Zoning Ordinance by eliminating design bonus FAR and, in certain districts, increasing
the base FAR, thereby, in all cases, reducing the total amount of buildable square feet permitted in
the properties (Ord. No. 98-3107); and
WHEREAS, the City's Zoning Ordinance (Ordinance No. 89-2665), prior to the December
16, 1998 amendments as referenced above, regulated FAR by establishing in each zoning district a
maximum FAR, which was comprised of Base FAR plus FAR which could be achieved through the
application of design bonuses; and
WHEREAS, the Administration has requested direction from the Commission regarding the
Charter Amendment and its application to design bonus FAR utilized on waterfront properties, in
order to review and process development approvals in a manner consistent with the Charter
Amendment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: The City Commission
hereby concludes as follows: Current zoned floor area ratio, as said phrase is used in the Charter
Amendment, is equivalent to the maximum floor area ratio permitted as of the effective date of the
Charter Amendment. Specifically, Base FAR plus design bonus FAR constitutes current zoned
FAR. Accordingly, the use of design bonus FAR in order to achieve the maximum allowable FAR
i
for a project which is adjacent to waterfront (as described in the Charter Amendment) does nQ1
require a public referendum.
PASSED and ADOPTED this ~ day of
June
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MAYOR
ATTEST:
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXeCUTION
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City Attorney
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DOte
1 hereby certify that the above and aforegoing is a
&12-la- I..,JJ..GWI UIl!Y of In witness thereof I set my hand and
seal this.'j day of .5llll f l~ 0'.
CITY CLERK
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BY.-___ I-- u. (. \.,\, .. ,
DEPUTY (Seal)
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl.us
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COMMISSION MEMORANDUM NO. ~8
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: June 3, 1998
FROM:
Sergio Rodriguez, City Manager
Murray Dubbin, City Attorney
SUBJECT:
A Resolution of the Ci mmission Adopting a Policy Interpreting the
Charter Amendment Requiring Voter Approval Prior to an Increase in Floor
Area Ratio (FAR) of Property Adjacent to the Waterfront as Described in Said
Amendment (With an Effective Date of June 4, 1997).
RECOMMENDATION
The Administration and the City Attorney recommend that the City Commission adopt a policy
interpreting the Charter Amendment passed on June 3, 1997 (effective June 4, 1997), requiring voter
approval prior to an increase in Floor Area Ratio (FAR) for properties adjacent to the waterfront as
follows:
Current zoned floor area ratio, as said phrase is used in the Charter Amendment, is equivalent to the
maximum floor area ratio permitted as of the effective date of the Charter Amendment. Specifically,
Base FAR plus design bonus FAR constitutes current zoned FAR. Accordingly, the use of design
bonus FAR in order to achieve the maximum allowable FAR for a project which is adjacent to
waterfront (as described in the Charter Amendment) does llQ.t require a public referendum.
BACKGROUND
On June 3, 1997, the citizens of the City of Miami Beach passed a Charter Amendment which
required the following:
"The floor area ratio of any platted property or street end within the City of Miami Beach
adjacent to the Atlantic Ocean, Government Cut, Indian Creek or Biscayne Bay shall not be
increased by zoning, transfer, or any other means from its current zoned floor area from its
current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment,
including any limitations on floor area ratio which are in effect by virtue of development
agreements through the full term of such agreements, 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".
AGENDA ITEM~
DATE
~-3-9R
Even though an amendment to the Zoning Ordinance adopted on January 21, 1998 eliminated design
bonuses, in recent weeks a question has been raised as to how this Charter Amendment is to be
interpreted with regard to earlier development projects proposed for properties adjacent to the
waterfront which utilize design bonuses to increase Floor Area Ratio.
ANAL YSIS
The following is an analysis and evaluation as to the application of the 1997 Charter Amendment
to Design Bonus increases of FAR on waterfront properties.
The 1997 Charter Amendment provided in part as to certain waterfront properties:
"The Floor Area Ratio shall not be increased by zoning...or any other means from its
current zoned Floor Area Ratio as it exists on the date of adoption of this Charter
Amendment,...unless any such increase in zoned Floor Area Ratio shall first be
approved by a vote of the electors of Miami Beach."
The existing Zoning Ordinance [#89-2665 as amended] at the time the Charter Amendment was
adopted established FAR by setting a Base FAR, but allowed, by means of using design bonuses,
increases up to a maximum allowable FAR for each district.
The Charter Amendment contains no definition of "Current Zoned FAR," nor does it purport to
distinguish between Base FAR and FAR with design bonuses.
The City Commission on January 21, 1998, adopted Ordinance #98-3107, which eliminated design
bonuses, but slightly increased Base FARon practically all affected properties. By not requiring a
referendum on the increases in the Base FAR, the Commission evidenced its interpretation and intent
that Base FAR was not "zoned FAR" under the Charter Amendment.
The courts give great weight to the way a law is interpreted by the agency charged with its
interpretation and administration. Design bonus increases have historically and normally been
allowed virtually as a matter of right and without significant exception upon demonstration of design
amenities of a project.
Under the circumstances, the more logical and sustainable position is to treat "zoned FAR" for the
purpose of interpreting the application of the Charter Amendment to this section of the Zoning
Ordinance as that which includes all FAR to which a property owner may have been entitled under
the pre-existing provisions of the Zoning Ordinance, including that earned by the use of design
bonuses.
CONCLUSION
In conclusion, the Administration and the City Attorney have drafted the proposed resolution,
attached hereto, which summarizes the above relevant points and concludes that the Charter
Amendment be interpreted so that a waterfront project with Floor Area Ratio (FAR) resulting from
the use of design bonuses on waterfront properties does not require a referendum.
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F:\PLAN\$ALL\CC_MEMOS\FAR_ VOTE.CM