Item Coversheet

Ordinances - R5  C




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:January  31, 2024
 

10:30 a.m. Second Reading Public Hearing

SUBJECT:

6/7 VOTE REQUIREMENT FOR FUTURE INCREASES IN FAR

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV, ENTITLED "AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF LAND DEVELOPMENT REGULATIONS," BY AMENDING SECTION 2.4.2, ENTITLED "AMENDMENT TO THE TEXT OF LAND DEVELOPMENT REGULATIONS," TO REQUIRE AN AFFIRMATIVE VOTE OF SIX-SEVENTHS OF ALL MEMBERS OF THE CITY COMMISSION PRIOR TO ANY FUTURE INCREASE IN THE FLOOR AREA OR FLOOR AREA RATIO (FAR) OF ANY PROPERTY IN THE CITY; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission adopt the ordinance.

BACKGROUND/HISTORY

On May 17, 2023, at the request of then Commissioner Steven Meiner, the City Commission referred the proposal (C4 C) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. Commissioner Alex Fernandez is a co-sponsor of the proposal.

On July 19, 2023 the LUSC discussed the proposal and provided an unfavorable recommendation to the City Commission. The LUSC also requested that additional information regarding the voting requirements for floor area ratio (FAR) increases from other jurisdictions be provided.

 

Attached is the May 17, 2023 referral memo to the LUSC, which provides the substantive background and rationale for the sponsor’s proposal.

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 ordinance would amend Section 2.4.2 of the LDR’s to increase the approval threshold for amendments related to an increase in FAR to an affirmative vote of 6/7ths of all members of the City Commission.

At the request of the LUSC, Planning staff researched the voting requirements for LDR amendments in other local jurisdictions, which is summarized below. It is important to note that none of the jurisdictions surveyed have separate or specific voting requirements related to LDR amendments that affect FAR. However, South Miami does have an increased threshold (4/5ths) for all LDR amendments that are less restrictive, and Coral Gables has an increased threshold (4/5ths) for all LDR amendments. The remainder of the cities either require a majority of their elected body or a majority of a quorum present for all LDR amendments.

1. City of South Miami – Five (5) Voting Members of the City Commission, including the
Mayor.
LDR amendments require three (3) affirmative votes. Additionally, any LDR amendment that is less restrictive requires four (4) affirmative votes.

2. City of Coral Gables – Five (5) Voting Members of the City Commission, including the
Mayor.
LDR amendments require four (4) affirmative votes.

3. City of Miami – Five (5) Voting Members of the City Commission.
LDR amendments require the affirmative vote of a majority of the quorum of the City Commission; three (3) members are necessary for a quorum. The Mayor, who is not a member of the City Commission, can veto the item and four (4) affirmative votes of the City Commission is necessary to override the veto.

4. Hialeah – Seven (7) Voting Members of the City Commission.
LDR amendments require four (4) affirmative votes. The Mayor, who is not a member of the City Commission, can veto the item and five (5) affirmative votes of the City Commission are required to override the veto.

5. Aventura – Seven (7) Voting Members of the City Commission, including the Mayor.
LDR amendments require four (4) affirmative votes.

6. Sunny Isles Beach – Five (5) Voting Members of the City Commission, including the Mayor.
LDR amendments require three (3) affirmative votes.

7. Key Biscayne - Seven (7) Voting Members of the City Commission, including the Mayor.
LDR amendments require four (4) affirmative votes.

8. Miami Springs - Five (5) Voting Members of the City Commission, including the Mayor.
LDR amendments require the affirmative vote of a majority of the quorum of the City Commission; three (3) members are necessary for a quorum.

9. North Bay Village - Five (5) Voting Members of the City Commission, including the Mayor.
LDR amendments require the affirmative vote of a majority of the quorum of the City Commission; three (3) members are necessary for a quorum.

10. Surfside - Five (5) Voting Members of the City Commission, including the Mayor.
LDR amendments require the affirmative vote of a majority of the quorum of the City Commission; three (3) members are necessary for a quorum.

 

Generally, a 6/7ths threshold for approval is utilized for significant matters of policy, such as the transfer or sale of public property. Although the proposal for a 6/7ths vote of the City Commission is limited solely to increases in FAR, the Administration would suggest caution regarding the proposed change. In this regard, not all increases in FAR are controversial or significantly impactful, and a 6/7ths threshold could make minor or well-intended amendments to modify FAR more challenging.

Notwithstanding, the proposal herein to increase the voting threshold for an FAR increase is less onerous than a voter referendum. As the proposed amendment is ministerial and limited to the procedural requirements of the City Commission, it is up to the members of the City Commission to consider and decide, collectively, whether an increased voting threshold is appropriate for FAR amendments.

 

PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-1).

 

UPDATE
At the request of the item sponsor, the proposed ordinance has been updated to include an additional requirement pertaining to the six-sevenths voting requirement. Specifically, any future amendment that would reduce the six-sevenths voting requirement for an increase in FAR would require an affirmative six-sevenths vote of all members of the city commission.

 

The subject ordinance was approved at First Reading on December 13, 2023, with no changes. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based on circumstances unique to the proposed amendment.

 

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

 

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

No Fiscal impact Expected

CONCLUSION

The Administration recommends the City Commission adopt the subject ordinance.

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 
Legislative Tracking
Planning
Sponsor
Mayor Steven Meiner and Co-Sponsored by Commissioners Fernandez, Rosen Gonzalez, Bhatt, & Dominguez

ATTACHMENTS:
Description
LUSC Referral Memo
Ordinance
BIE Statement SIGNED