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.

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. 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.

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.

APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

If there is a desire to move forward with the proposed ordinance, the Administration recommends that the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.

The Administration recommends the following:

1. The City Commission discuss the subject ordinance at First Reading, and if there is consensus, schedule a Second Reading public hearing for October 25, 2023.

2. If the City Commission determines to move forward with the proposed ordinance, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.