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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 5
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: June 20, 2023
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| | | | | | | | | TITLE: | AMEND THE CITY’S LAND DEVELOPMENT REGULATIONS TO REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION PRIOR FOR ADOPTION OF ANY INCREASE IN A PROPERTY’S ZONED FLOOR AREA RATIO (FAR), THE METHOD THE CITY USES TO REGULATE THE SIZE OF A BUILDING. |
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| | | | | | | | HISTORY:
| On May 17, 2023, at the request of Commissioner Steven Meiner, the City Commission referred the proposal (C4 C) to the Land Use and Sustainability Committee (LUSC) and the Planning Board.
BACKGROUND
As noted in the attached referral memo, the item sponsor is proposing that the City Commission amend the current 5/7ths City Commission voting requirement for adoption of a Land Development Regulation, to require a 6/7ths vote of the City Commission for adoption of any future floor area ratio (FAR) increase. |
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| | | | | | | | ANALYSIS:
| Currently, the Land Development Regulations of the City Code (LDRs) require an affirmative vote of 5/7ths of all members of the City Commission to enact any amendment to the LDRs. The proposal herein would increase the approval threshold for LDR amendments related to an increase in floor area ratio (FAR) to an affirmative vote of 6/7ths of all members of the City Commission.
The following is the draft text for the proposal:
2.4.2 Amendment to the text of land development regulations
2.4.2.d.iv:
iv. An affirmative vote of five-sevenths of all members of the city commission shall be necessary in order to enact any amendment to these land development regulations. However, an affirmative vote of six-sevenths of all members of the city commission shall be necessary in order to enact any amendment to these land development regulations that increases the floor area ratio (FAR) for any zoning district or modifies the exceptions to floor area, as more specifically described in the definition of floor area in chapter 1 of these land development regulations.
Generally, a 6/7ths threshold for approval is limited to significant matters of policy, such as the transfer or sale of public property. Although the proposal for a 6/7 vote of the City Commission is limited solely to increases in FAR, the Administration would urge caution regarding such a change, as it could have unintended consequences. Not all increases in FAR are necessarily controversial or significantly impactful, and a 6/7ths threshold could make well intended amendments to modify FAR more challenging.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the proposal and provide a recommendation to the Planning Board. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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