Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 5
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: July 19, 2023
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.

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. On June 20, 2023, the item was scheduled for discussion, but deferred to the July 19, 2023, LUSC meeting due to the length of the agenda.

At the request of the item sponsor, the proposed ordinance has been placed on the July 25, 2023 agenda of 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.

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 attached draft ordinance would increase the approval threshold for LDR amendments related to an increase in FAR to an affirmative vote of 6/7ths of all members of the City Commission.


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.

CONCLUSION:

The Administration recommends that the Land Use and Sustainability Committee discuss the proposal and provide a recommendation to the Planning Board.

Applicable Area

Citywide
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 

Departments

Planning
ATTACHMENTS:
DescriptionType
REF MEMO (C4C)Memo
DRAFT ORDOrdinance