On June 22, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion item to the Land Use and Sustainability Committee (LUSC) and the Public Safety and Neighborhood Quality of Life Committee (C4 U). The item was placed on the September 28, 2022 LUSC agenda and deferred to the October 28, 2022 LUSC with no discussion.

On October 28, 2022, the LUSC discussed and continued the item to the January 25, 2023 meeting, with direction to the Administration to draft an Ordinance establishing a requirement for a land use analysis for future proposed floor area ratio (FAR) increases in the City. At the request of the item sponsor, the item was deferred to the February 15, 2023 LUSC meeting.

As noted in the attached referral memo, the item sponsor would like to discuss a potential amendment to the LDRs to require that the City provide voters with basic information concerning traffic and the ability of the City’s public infrastructure to withstand additional building intensity when considering proposals for FAR increases.

The impacts of an FAR increase can vary, depending upon the actual increase in intensity proposed, the types of uses and whether there would be a corresponding increase, or decrease, in allowable density. For instance, the ballot question approved in 2020 that created additional exceptions to FAR (stairs above the roof, bike parking and Florida Power & Light vaults) has no impact on existing infrastructure. However, the FAR increase approved in 2017 for the town center area had a much more significant impact, as the maximum FAR for a much larger, defined area was increased to 3.5.

A development impact analysis is typically performed when there is a defined program, including a breakdown of the uses proposed, with square footage and density calculations, and developed circulation plans and the availability of capacity within the existing infrastructure of the City. In most instances, this information is not available at the time an FAR increase is proposed to be placed on a ballot and occurs at the time of submittal of a development application.

Rather than adopting a Code amendment that would mandate an infrastructure analysis across the board, the Administration would recommend that future proposals for an FAR increase be evaluated on a case-by-case basis. This would give the City Commission the flexibility to decide which FAR increases may warrant an infrastructure analysis prior to being placed on a ballot.

Also, with State Law limiting voter guides and other methods of voter education for ballot measures, the City will need to consider the timing of these types of analysis.

UPDATE – February 15, 2023 LUSC
As requested by the LUSC, attached is a draft Ordinance establishing a requirement for a land use impact analysis. Specifically, the proposed amendment would require that prior to approval of a ballot question, if required pursuant to the City Charter, or in advance of First Reading of the applicable Amendment to the Land Development Regulations, whichever comes first, a land use impact analysis, as more specifically defined by the City Commission, shall be required. Such analysis shall consider, as applicable, the potential impact of the proposed increase in FAR on the following:

• Existing infrastructure;

• Levels of service related to traffic, transit, mobility, water, sewer, parks and schools; and

• Any other area of concern as determined by the City Commission.

The proposed amendment also contains a provision that allows these requirements to be waived by a 5/7th vote of the City Commission, for any reason.