November 8, 2022 Ballot Questions
North Beach Oceanside Resort Overlay District (the “Overlay”) Floor Area Ratio (“FAR”) Increase.
Floor area ratio ("FAR") regulates building size. Under the City Charter, FAR increases require voter approval.
Shall City increase FAR in Overlay (oceanfront properties from 6605-6757 Collins Avenue) from 2.25 to 3.0, where not already permitted, and provide FAR incentive from 3.0 to 4.5 for projects meeting following criteria:
- hotel with minimum 150 rooms,
- 150,000 square feet minimum lot size,
- 50% reduction from maximum density,
- owner provides public recreational facility and beach access?
“Floor Area Ratio” (“FAR”) is the method the City utilizes to regulate the overall size of a building. In the City of Miami Beach, the amount of allowable FAR varies by zoning district. A higher FAR multiplier would permit the construction of a larger building.
The North Beach Oceanside Resort Overlay District ("Overlay") has been proposed for oceanfront properties from 6605-6757 Collins Avenue. The Overlay would include the Deauville Hotel property at 6701 Collins Avenue, and vacant properties to the north and south of the Deauville Hotel. These properties are in the RM-3 Residential multifamily, high intensity zoning district.
The City Charter requires voter approval to increase a property’s zoned FAR. Specifically, City Charter Section 1.03(c) provides that “[t]he floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means . . . unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.”
Currently, the maximum zoned FAR in the RM-3 district is 2.25 for properties equal to or less than 45,000 square feet and 3.0 for oceanfront lots greater than 45,000 square feet.
This ballot question asks the City's voters whether the City shall increase the maximum FAR for the Overlay from 2.25 to 3.0, where 3.0 is not already permitted; and provide an FAR incentive from 3.0 to 4.5 for projects meeting the following criteria:
1. A hotel with a minimum of 150 rooms,
2. Minimum lot size of 150,000 square feet,
3. 50% reduction from the current maximum density, and
4. The owner provides a public recreational facility and beach access.
Because this ballot question contemplates an increase in zoned FAR, the approval of the City's voters is required pursuant to Sec. 1.03(c) of the City Charter.
property would only be eligible for the additional FAR incentive (of 4.5 FAR) if a development complies with the above criteria.
To improve facilities for resiliency of arts and cultural institutions throughout the City, including museums, performance venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture park, and related artist/workforce housing, shall City be authorized to issue general obligation bonds, from time to time, not exceeding $159,000,000 aggregate principal amount, payable from unlimited ad valorem taxes, bearing interest not exceeding maximum legal interest rate, maturing no later than 30 years from issuance date?
In October, 2021, the Mayor and City Commission initiated the legislative process to evaluate possible issuance of a General Obligation Bond (G.O. Bond) to improve facilities for arts and cultural institutions throughout the City. The Administration collaborated with the operators and tenants of various cultural institutions and facilities to gather an inventory of capital needs and new project requests, the vast majority of which would improve City-owned cultural facilities. The proposed projects would address deferred maintenance and future capital needs for cultural facilities in the City, as well as technology, innovation, new construction and other projects.
Following review of the proposed Arts & Cultural G.O. Bond program by the City’s Finance and Economic Resiliency Committee, the Mayor and City Commission tasked the City's G.O. Bond Oversight Committee to review the proposed projects and provide its recommendation to the City Commission. The Oversight Committee, which was created in 2019 by the City Commission to oversee the implementation of the existing G.O. Bond program, consists of a total of seven (7) City residents, with two (2) members who are residents of North Beach, two (2) members who are residents of Mid-Beach, and two (2) members who are residents of South Beach.
The Oversight Committee held a total of three publicly noticed meetings wherein the individual projects were reviewed, including proposed budgets, stakeholder interviews and case summaries. On July 14, 2022, the Oversight Committee deliberated and finalized their recommendations, with three options which were presented to the City Commission, at its July 20, 2022 meeting.
The Mayor and City Commission ultimately approved a final list of projects totaling $159 million including two additional categories for Miscellaneous Arts & Culture Projects and Workforce Housing for Cultural Institutions.
City-Owned Cultural Facilties
Other Cultural Facilities (State-Owned)
Other Projects/Enhancements
Amend Charter Section 1.03(b): Require Voter Approval of Sale/Lease
of Certain City-Owned Property
Charter Sections 1.03(b)1 and (b)2 require majority voter approval for the sale or lease of ten years or more of waterfront, park, and certain other City-owned properties.
Shall Charter be amended to also require such majority voter approval for any sale or lease of ten years or more of City-owned property located between West 43rd Street and West 40th Street, from Pine Tree Drive on the east to Alton Road on the west?
In 1992, Miami Beach voters approved an amendment to the City Charter to require approval by a majority of the voters voting in a City-wide referendum, prior to the sale or long-term lease of City-owned parks, recreation or waterfront property. Over the years, the City Charter has been amended to require voter referendum approval prior to the sale or lease of ten (10) years or more of City-owned properties in specified areas of the City, including:
- Lots West of the North Beach Oceanside Park, located between 79th Street and , from Collins Avenue to Collins Court;
- Collins Park Cultural Campus, located between 21st Street and 22nd Street, from Miami Beach Drive to Park Avenue;
- 72nd Street Parking Lot, located between 72ndStreet and 73rd Street, between Collins Avenue and Harding Avenue; and
- Lincoln Road Parking Lots, located in the vicinity of Lincoln Road between 16th Street and 17th Street, from Euclid Avenue to West Avenue.
In addition, under the City Charter, approval by 60% of the voters voting in a City-wide referendum is required for the sale or lease of ten (10) years or more of City-owned property in the Convention Center District, including the Convention Center, City Hall, 1701 Meridian Street, The Fillmore Miami Beach/Jackie Gleason Theater, the 17th Street Parking Garage, and other properties forming part of the Convention Center Campus.
Except for the properties which require voter referendum approval as outlined above, the sale or lease of any other City-owned property may be approved by the City Commission, following a 4/7ths vote of the Planning Board, and a 6/7ths vote of the City Commission.
The proposed ballot question, if approved, would amend Section 1.03(b) to require approval by a majority of the voters voting in a City-wide referendum, prior to any sale or lease of ten (10) years or more of any City-owned property in the 41st Street Corridor, located between West 43rd Street and West 40th Street, from Pine Tree Drive on the east to Alton Road on the west.
If voters approve the leases of City-owned surface parking lots with 1664 Meridian, LLC and/or Lincoln Road Property Owner, LP to diversify the Lincoln Road corridor with additional Class-A office projects, shall City dedicate the guaranteed rent payments received by City under the leases, totaling up to $355,793,085, in equal portions, solely for the following public purposes:
- Resiliency and Sustainability Infrastructure Initiatives,
- Workforce Housing, and
- Public Safety and Crime Prevention Measures?
The City owns and operates three surface parking lots in the Lincoln Road vicinity located at 1688 Lenox Avenue (P25), 1080 Lincoln Lane North (P26), and 1664 Meridian Avenue (P27) (collectively, the “Lincoln Road Parking Lots”). On July 20, 2022, the Mayor and City Commission approved, subject to voter approval, various agreements related to two (2) proposed projects on the Lincoln Road Parking Lots, including Ground Lease agreements, that would provide for developing the surface lots into mixed-use buildings including Class A office space and parking garage facilities for public use.
- Lincoln Road Property Owner, L.P., the developer/lessee entity under the proposed project at 1688 Lenox Avenue/1080 Lincoln Lane North, is a joint venture controlled by three local firms: Integra Investments, Starwood Capital Group, and The Comras Company. As approved by Resolution No. 2022-32242, the project would include:
- replacing all existing public parking, plus additional parking,
- two Class-A office/retail buildings, restricted to a height of 100 feet,
- 0.79 acres of landscaped public space,
- no City funding or financing whatsoever, and
- $210,088,941 minimum guaranteed rent to the City over the 99-year lease term, or a percentage of project revenues, whichever is higher, among other revenues.
- Meridian, LLC, the developer/lessee entity under the proposed project at 1664 Meridian Avenue, is a joint venture controlled by three local firms: The Peebles Corporation, Scott Robins Companies, Inc., and the Baron Corporation. As approved by Resolution No. 2022-32245, the project would include:
- replacing all existing public parking, plus additional parking,
- Class-A office, retail, and residential building, restricted to a height of 100 feet,
- 0.40 acre (approximately 30% of site) of landscaped public space, and
- no City funding or financing whatsoever, and
- $145,704,144 minimum guaranteed rent to the City over the 99-year term, or a percentage of project revenues, whichever is higher, plus additional revenues.
Section 1.03(b)(2) of the City Charter requires approval, by a majority of the voters voting in a citywide referendum, of any lease of ten (10) years or more of the Lincoln Road Parking Lots (See Explanation of Ballot Questions No. 4 and No. 5 below).
If Miami Beach voters approve Ballot Questions No. 5 and/or No. 6 listed below, thereby approving either or both of the two (2) projects on the Lincoln Road Parking Lots, as consideration for entering into the Ground Leases, Lincoln Road Property Owner, L.P. and 1664 Meridian, LLC will pay to the City the higher of (i) minimum guaranteed rent or (ii) a percentage of project revenues. The minimum guaranteed rent from Lincoln Road Property Owner, L.P. throughout the 99-year term equals $210,088,941. The minimum guaranteed rent from 1664 Meridian, LLC throughout the 99-year term equals $145,704,144.
This Ballot Question No. 4, if passed, requires the City to adopt an ordinance dedicating the guaranteed rent payments the City receives from the Ground Leases, in equal portions annually, to enhance funding for City projects addressing the following areas:
- Resiliency and Sustainability Infrastructure Initiatives,
- Workforce Housing, and
- Public Safety and Crime Prevention Measures
Any rent payments received in excess of annual minimum guaranteed rent under the Ground Leases would be used to support other public programs or projects, as part of the City’s General Fund revenue.
For additional information, including a copy of the Ground Leases and City Commission Resolution Nos. 2022-32242 and 2022-32245, please visit the City’s website here or contact the Office of the City Clerk at 305.673.7411.
Should City lease parking lot at 1664 Meridian Avenue (1.36 acres) to 1664 Meridian, LLC, for 99 years, requiring, per Resolution 2022-32245:
- Replacing all existing public parking, plus additional parking,
- Class-A office, retail, and residential project near Lincoln Road,
- 0.40 acre (approximately 30% of site) of landscaped public space,
- 6-story building, restricted to height of 100 feet,
- no City funding, and
- $145,704,144 minimum guaranteed rent to City, among other revenues?
The City owns and operates a surface parking lot located at 1664 Meridian Avenue (“P27”) in close proximity to the Lincoln Road commercial district.
In companion Resolutions 2022-32244 and 2022-32245, the Mayor and City Commission approved a Development Agreement and, subject to voter approval, a Ground Lease with 1664 Meridian, LLC, the Project Developer, for the design, development, and construction of a mixed-use building with parking garage facility on P27 (the “Project”). 1664 Meridian, LLC, is a joint venture controlled by three local firms: The Peebles Corporation, Scott Robins Companies, Inc., and the Baron Corporation.
Section 1.03(b)(2) of the City Charter requires approval, by a majority of the voters voting in a citywide referendum, of any lease of ten (10) years or more of certain City-owned parking lots located in the vicinity of Lincoln Road, including the P27 site that is the subject of this Ballot Question. This Ballot Question No. 5, if approved by a majority of voters, would allow the City to lease the P27 site to 1664 Meridian, LLC for development of the Project.
The Project, if approved by a majority of the voters, would include: (1) Class A office space, (2) ground floor commercial retail to activate street fronts including Lincoln Lane North, (3) approximately 43 market rate residential rental apartments (short term rentals are prohibited), (4) public parking to replace all existing 151 public parking spaces currently available on P27, and (5) additional parking to satisfy off-street parking requirements for the office and residential uses.
Pursuant to the 99-year Ground Lease, the proposed building design is limited to a maximum height of 100 feet, must be sustainably constructed to meet or exceed LEED Gold Certification, with at least 50% of floor area developed as Class A office space, ground floor activation with retail, restaurant, or similar active uses, and 0.4 acres of landscaped public space. Final Project design is subject to review and approval by the City’s Design Review Board, and the Developer must obtain all approvals and permits required to build the Project.
In addition to providing required off-street parking for the office and residential uses, the 151 public parking spaces existing today on P27 must be replaced in kind on the structure’s lower floors and be available to the public at the City rate. The Developer must submit a parking mitigation plan that (i) replaces any public parking temporarily lost during construction at nearby alternative facilities and (ii) compensates the City for any lost parking revenue during construction. Upon Project completion, the City is entitled to 100% of net revenues collected from operation of the 151 public parking spaces.
Throughout the 99-year Ground Lease, the City will receive Minimum Guaranteed Rent of $145,704,144 (subject to annual escalations and periodic rent resets, both benefiting the City) or Participation Rent equal to 5% of gross Project revenues, whichever is higher. Starting on the fifth anniversary of the Project’s stabilization date (i.e., the date on which the Developer has leased at least 85% of the leasable square footage of the Project), the City will receive Transaction Rent of 1.5% gross proceeds on every sale of the Project (capped at $2,000,000 adjusted for inflation). Developer will be responsible for all costs and expenses to develop, design, and construct the Project, with no City funding and no public subsidies, tax rebates, or tax abatements. The Developer’s payment of ad valorem taxes may yield approximately $500,000 in additional annual tax revenues to the City.
For additional information, including a copy of the Ground Lease, City Commission resolutions, and preliminary conceptual design renderings , please visit the City’s website here or contact the Office of the City Clerk at 305.673.7411.
Should City lease parking lots at 1688 Lenox Avenue (.86 acres) and 1080 Lincoln Lane North (1.10 acres) to Lincoln Road Property Owner, LP, for 99 years, requiring, per Resolution 2022-32242:
- additional parking and replacement of all existing public parking,
- 0.79 acres of landscaped public space,
- 2 Class-A office/retail buildings, restricted to height of 100 feet,
- minimum guaranteed rent to City $210,088,941 (both leases), plus other revenues, and no City funding?
The City owns and operates surface parking lots located at 1688 Lenox Avenue (“P25”) and 1080 Lincoln Lane North (“P26”), both in close proximity to the Lincoln Road commercial district.
In companion Resolutions 2022-32241 and 2022-32242, the Mayor and City Commission approved, subject to voter approval, a Development Agreement and Ground Leases with Lincoln Road Property Owner, L.P. , the Project Developer, for the design, development, and construction of mixed-use buildings with parking garage facilities on P25 and P26 (individually, “Project Component” and collectively, the “Project”). Lincoln Road Property Owner, L.P., is a joint venture controlled by three local firms: Integra Investments, Starwood Capital Group, and The Comras Company.
Section 1.03(b)(2) of the City Charter requires approval, by a majority of the voters voting in a Citywide referendum, of any lease of ten (10) years or more of certain City-owned parking lots located in the vicinity of Lincoln Road, including the P25 and P26 sites that are the subject of this Ballot Question. This Ballot Question No. 6, if approved by a majority of voters, would allow the City to lease the P25 and P26 sites to Lincoln Road Property Owner, L.P. for development of the Project.
The Project, if approved by a majority of voters, would include: (1) Class A office space, (2) ground floor commercial retail to activate street fronts including Lincoln Lane North, (3), public parking to replace all existing 192 public parking spaces currently available on P25/P26, and (4) additional parking to satisfy off-street parking requirements for the office use.
Pursuant to the Ground Leases, the proposed buildings are limited to a maximum height of 100 feet and must be sustainably constructed to meet LEED Gold Certification, with at least 50% of floor area developed as Class A office space, ground floor activation provided by retail, restaurant, or similar active uses, landscaped public space, and 1,000 sq. ft. community benefit space for rent-free use by a cultural or educational not-for-profit. Final project design is subject to review and approval by the City’s Design Review Board, and the Developer must obtain all approvals and permits required to build the Project.
In addition to providing required off-street parking for the office use, the 192 public parking spaces existing today on P25 and P26 must be replaced in kind on the lower floors of either structure and be available to the public at the City rate. The Developer has submitted a parking mitigation plan to minimize construction impacts, by phasing Project construction between both sites and incorporating a valet parking system, subsidized by the Developer, resulting in zero net loss of onsite parking and parking revenue during construction. Upon Project completion, the City is entitled to 100% of net revenues collected from operation of the 192 public parking spaces.
Throughout the 99-year Ground Leases, the City will receive Minimum Guaranteed Rent of $210,088,941 (subject to annual escalations and periodic rent resets, both benefiting the City) or Participation Rent equal to 5% of gross Project revenues, whichever is higher. Beginning on the fifth anniversary of the Permitted Transfer Date for each Project Component, the City will receive Transaction Rent of 1.5% gross proceeds on every sale of each Project Component (capped at $2,000,000 adjusted for inflation). Developer will be responsible for all costs and expenses to develop, design, and construct the Project, with no City funding and no public subsidies, tax rebates, or tax abatements. The Developer’s payment of ad valorem taxes may yield approximately $500,000 in additional annual tax revenues to the City.
For additional information, including a copy of the P25/P26 Ground Leases, City Commission resolutions, and renderings depicting the Preliminary Concept Design for the Project, please visit the City’s website here or contact the Office of the City Clerk at 305.673.7411.
RPS4 District – South of Fifth Street FAR Incentive to Convert Existing Hotels into Residential Use
City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (City's method of regulating building size).
The RPS4 district lies within the South of Fifth Neighborhood, which is predominantly residential.
Shall City increase maximum FAR from 2.0 to 2.75 in RPS4 District as an incentive for the conversion of existing hotel properties into residential use, if the property owner records a covenant prohibiting short-term rentals on the property?
“Floor Area Ratio” (“FAR”) is the method the City utilizes to regulate the overall size of a building. In the City of Miami Beach, the amount of allowable FAR varies by zoning district. A higher FAR multiplier would permit the construction of a larger building.
The City Charter requires voter approval to increase a property’s zoned FAR. Specifically, City Charter Section 1.03(c) provides that “[t]he floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means . . . unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.”
Currently, the maximum zoned FAR is 2.0 in the RPS-4 Residential performance standard, high density district, which is located in the South of Fifth Street neighborhood.
This ballot question asks whether the City shall increase the maximum FAR in the RPS-4 district from 2.0 to 2.75 as an incentive for the conversion of existing hotel properties into residential use. In order to be eligible for the voluntary FAR incentive, the property owner would first be required to record a covenant agreeing to prohibit short-term rentals (i.e. rentals for less than 6 months and one day) on the property.
The purpose of this measure is to incentivize the redevelopment of hotels within the RPS-4 zoning district, such as the Marriott Stanton at 161 Ocean Drive, into residential properties. The replacement of hotels with residential development would reduce the impacts of transient uses in the South of Fifth Street neighborhood, which is primarily residential.
Because this ballot question contemplates an increase in zoned FAR, the approval of the City's voters is required pursuant to Sec. 1.03(c) of the City Charter.
FAR Incentive for Residential and Office Uses on Washington Avenue Between 1st and 2nd Street
City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (how City regulates building size).
FAR in 1st Street Overlay (located east side of Washington Avenue between 1st and 2nd Streets) is 1.0, although previously FAR was 2.0.
Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive from 2.0 to 2.7 for redevelopments that include residential or office uses, and prohibit hotels and short-term rentals?
“Floor Area Ratio” (“FAR”) is the method the City utilizes to regulate the overall size of a building. In the City of Miami Beach, the amount of allowable FAR varies by zoning district. A higher FAR multiplier would permit the construction of a larger building.
The City Charter requires voter approval to increase a property’s zoned FAR. Specifically, City Charter Section 1.03(c) provides that “[t]he floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means . . . unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.”
A 1st Street Overlay has been proposed for properties along the east side of Washington Avenue, between 1st and 2nd Streets (the "Overlay"), in order to incentivize residential and office redevelopments within this limited geographic area. These properties are located within the CPS-1 Commercial performance standard, limited mixed use district. Currently, the maximum zoned FAR in the CPS-1 district is 1.0.
This referendum proposes an FAR increase from 1.0 to 2.0 throughout the Overlay, and a FAR incentive from 2.0 to 2.7 for certain residential and office redevelopments. As proposed, a property owner would only be eligible for the incentive (to 2.7) if the owner agreed to prohibit hotels and short-term rentals on the property.
Because this ballot question contemplates an increase in zoned FAR, the approval of the City's voters is required pursuant to Sec. 1.03(c) of the City Charter
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