An increase in FAR requires an amendment to the Land Development Regulations of the City Code (LDRs). Currently, an LDR amendment can be sponsored by the Mayor or any member(s) of the City Commission but requires a 4/7ths vote for referral to the Planning Board. Also, a private applicant may file an application directly to the Planning Board.
In addition to the review and recommendation of the Planning Board, all LDR amendments require to readings before the City Commission, and at least one the readings must be a public hearing. A 5/7ths vote of the City Commission is required to adopt any amendment to the LDRs.
Based on the attached referral memo, the following is a summary of a proposed process for future FAR increases as requested by the item sponsor:
Eligible Applicants:
• For FAR increases specific to private properties, the property owner would file an application directly to the Planning Board.
NOTE: Subsequent to the filing of a private application, a copy of the application and all exhibits shall be sent to any affected registered neighborhood association(s). Additionally, for applications located within a local historic district, a copy of the application and exhibits shall be sent to the Miami Design Preservation League (MDPL).
• For FAR increases that are intended to apply more broadly (e.g. citywide or within defined overlays), as well as modifications to FAR exceptions or creating FAR incentives, in addition to a private application the amendment to the LDRs could also be initiated by the City Commission or the City Administration.
Planning Board Review
The proposed FAR increase or modification to an exception to the definition of floor area would require a 3-step process before the Planning Board, as follows:
Step One – Planning Board Preliminary Review:
The Planning Board, at a duly noticed public hearing, shall perform an initial review of the proposed LDR amendment pertaining to a FAR increase or modification to an FAR exception. Notice for the Planning Board preliminary review hearing shall be in accordance with the applicable provisions in the LDRs. The notice requirements for the preliminary Planning Board review of a private application filed by a property owner shall also include a minimum 30-day mail and published notice if the proposed amendment involves less than ten (10) contiguous acres.
Prior to the LDR amendment being considered by the Planning Board at the preliminary review stage, the Administration, either internally or with the assistance of an outside consultant, would perform an impact analysis of the proposed FAR change; such impact analysis would include, but not be limited to, the following:
1. Calculating the actual square footage increase for affected properties such as, for example, the maximum allowable square footage for residential, office, retail, hotel or other uses resulting from the FAR increase.
2. An infrastructure analysis regarding potential impacts on traffic/mobility, parking, water, sewer, resiliency, parks and open space, as well as any other area of concern identified by the City Commission or the Administration.
The findings of this impact analysis will be presented to the Planning Board at the preliminary review stage.
Step Two – Community Outreach Meeting:
Subsequent to the preliminary review meeting at the Planning Board, the City shall facilitate an advertised public meeting for all affected stakeholders, in order to solicit additional input and feedback, as well as for city staff to address any outstanding issues or questions. Such meeting shall be advertised in accordance with community meeting notice protocol.
Step Three – Planning Board Transmittal:
At a second duly noticed public hearing, which is separate and apart from the preliminary review hearing, the Planning Board shall consider and transmit the proposed LDR amendment pertaining to an FAR increase or modification to an FAR exception to the City Commission with a recommendation. Notice for the planning board transmittal hearing shall be in accordance with the applicable provisions in the LDRs.
City Commission Review
The proposed FAR increase or modification to an exception to the definition of floor area would require a 3-step process before the City Commission, as follows:
Step One – First Reading Public Hearing:
After transmittal of the amendment by the planning board, the City Commission shall hold a first reading public hearing. Notice for first reading shall be in accordance with the applicable provisions in the LDRs. Additionally, the notice for first reading public hearing of a private application filed by a property owner shall also include a minimum 30-day mail and published notice.
Step Two – Community Workshop:
Subsequent to the approval of the amendment at first reading, and prior to second reading, at least one additional community workshop, which is separate and apart from the first reading public hearing, shall be held. This additional community workshop shall be considered a courtesy meeting, and open for participation by all affected stakeholders, including any adjacent areas, neighborhoods and properties that may be affected by the proposed FAR increase, as determined by the City Commission. Such community workshops may consist of virtual, in-person or hybrid formats, at the discretion of the City Commission, and shall be noticed in a manner to be determined by the City Commission.
Step Three – Second Reading / Adoption Public Hearing:
After the community workshop described above, the City Commission shall hold a second reading public hearing to consider final adoption of the proposed amendment. Notice for second reading shall be in accordance with the applicable provisions in the LDRs.
SUMMARY
The current process for considering an LDR amendment is robust, as it requires planning board review at a public hearing, as well as two (2) readings before the City Commission, at least one (1) of which must be a public hearing. Also, the City Commission already has the authority to seek supplementary review from the Planning Board, and to require applicable impact analysis and community outreach in the form of courtesy meetings and workshops.
Codifying a more elaborate process as proposed herein would create a longer process for future LDR amendments that pertain to FAR. However, the proposal herein would likely entail a shorter process than a voter referendum.
The process proposed herein could also have potential staffing and budget implications, depending on the number of requests for FAR increases, and the extent of public outreach that may be required. Community workshops require a significant amount of staff resources in terms of advertising, identifying locations, setting up AV equipment, preparing workshop materials, and staffing the workshop.
Finally, some proposals to increase FAR may have significant public policy benefits (e.g., workforce housing and historic preservation) or may be more minor in nature (e.g., amending an exception to the definition of floor area). A lengthier process could make minor and well-intended amendments to modify FAR more challenging. As such, should this proposal move forward, the Administration recommends adding a waiver provision to provide the City Commission with discretion to implement a more streamlined amendment process.
If the LUSC reaches consensus on the proposal for a revised LDR amendment process for FAR increases, the Administration can draft the required ordinance effectuating such amendments and present it to the Planning Board for transmittal to the City Commission.