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98-3108 ORD ORDINANCE NO. 98-3108 An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by: 1. AMENDING SECTION 3, ENTITLED "DEFINITIONS', AMENDING SUBSECTION 3-2, ENTITLED "TERMS DEFINED", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA, OFF-STREET PARKING SPACE, PARKING LOT, AND STRUCTURE, AND CREATING NEW DEFINITIONS FOR DRIVE, PARKING AISLE, PARKING GARAGE, AND TANDEM PARKING SPACE; 2. AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS" AMENDING SUBSECTION 6-5, ENTITLED "RESIDENTIAL SETBACK REQUIREMENTS - RM-l,2,3" BY REMOVING TEXT REFERENCING SECTION 6-25,B.14.b. WHICH IS NO LONGER APPLICABLE; 3. AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS" AMENDING SUBSECTION 6-25, ENTITLED "SUPPLEMENTARY YARD REGULATIONS" BY REMOVING REFERENCE TO PARKING LOTS AND GARAGES IN 6-25,B.14, PROVIDING FOR THEIR MOVEMENT TO DESIGN STANDARDS SUBSECTION 7-5; 4. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS" AMENDING SUBSECTION 7-1, ENTITLED "GENERAL PROVISIONS AND PARKING DISTRICTS ESTABLISHED" BY CREATING PARKING DISTRICTS NO. 3 AND NO. 4 WHICH INCLUDE PROPERTIES ALONG ARTHUR GODFREY ROAD AND 71ST STREET, RESPECTIVELY, AND BY CLARIFYING THE OFF STREET PARKING EXEMPTION FOR EXISTING BUILDINGS IN HISTORIC DISTRICTS OR INDIVIDUALL Y DESIGNATED BUILDINGS; 5. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS" AMENDING SUBSECTION 7-2, ENTITLED "OFF-STREET PARKING REQUIRED" BY MODIFYING THE PARKING REQUIREMENT FOR OFFICES LOCATED ON THE GROUND FLOOR, AND BY MODIFYING THE PARKING REQUIREMENTS FOR USES WITHIN PARKING DISTRICTS NO.2, NO.3 AND NO.4, AND BY PROHIBITING THE REMOVAL OF EXISTING REQUIRED PARKING SP ACES EXCEPT FOR COMPLIANCE WITH ADA REQUIREMENTS OR DUMPSTER ENCLOSURE REQUIREMENTS; 1 6. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS" AMENDING SUBSECTION 7-3, ENTITLED "OFF-SITE FACILITIES" BY DECREASING THE MAXIMUM ALLOWED DISTANCE FROM 1200' TO 500' BETWEEN A MAIN USE AND ACCESSORY PARKING ON A NONCONTIGUOUS LOT CITYWIDE, EXCEPT IN THE MIAMI BEACH ARCHITECTURAL DISTRICT OR LOTS OPERATED ON A VALET BASIS; 7. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS" AMENDING SUBSECTION 7-5, ENTITLED "DESIGN STANDARDS" BY , CLARIFYING SPECIFICATIONS FOR STANDARD OFF-STREET PARKING SP ACES AND STANDARD PARALLEL PARKING SPACES, REMOVING REFERENCE TO V ALET PARKING FROM THIS SECTION, ADDING REGULATIONS FOR COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES AND AT-GRADE PARKING LOTS AS MAIN USES, ALLOWING TEMPORARY PARKING LOTS WITHIN ALL COMMERCIAL DISTRICTS, ADDING THE C-PS 1 AND C-PS2 AND R-PS 1, 2 AND 3 DISTRICTS AS POSSIBLE LOCATIONS FOR PROVISIONAL PARKING LOTS, AND ADDING THE REQUIREMENT OF A STATEMENT FROM THE OWNER OF SITE OF A PROVISIONAL PARKING LOT RELATIVE TO POSSIBLE CONTAMINATION OF THE SITE; 8. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS" AMENDING SUBSECTION 7-7, ENTITLED "PARKING IMPACT FEE PROGRAM" BY ELIMINATING THE SUBSTITUTION OF AN IMP ACT FEE FOR NEW CONSTRUCTION AND ALLOWING FOR THE PAYMENT OF THE PARKING IMP ACT FEE FOR NEW CONSTRUCTION IN HISTORIC DISTRICTS REHABILITATIONS WITHIN EXISTING STRUCTURES THAT RESUL T IN AN INCREASED PARKING DEMAND, NEW CONSTRUCTION OR ADDITIONS OF LESS THAN 1,000 SQUARE FEET AND THE CREATION OR EXPANSION OF OUTDOOR CAFES; ESTABLISHING A FLAT, ONE-TIME PARKING IMP ACT FEE OF $15,000 PER SPACE FOR NEW CONSTRUCTION, ESTABLISHING THE YEARLY PAYMENT FOR EXISTING STRUCTURES TO 4% OF THE ONE-TIME FEE, ELIMINATION OF THE ALLOWANCE FOR UNLIMITED REMOV AL OF PARKING SP ACES WITHIN THE ARCHITECTURAL DISTRICT OR A LOCAL HISTORIC DISTRICT WHICH RECEIVED A BUILDING PERMIT PRIOR TO OCTOBER 1, 1993 , AND ADDING ALLOWANCE FOR PARKING IMP ACT FEE FOR THE REMOVAL OF PARKING SPACES; 9. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS" AMENDING SUBSECTION 7-9, ENTITLED "SURPLUS AND UNDER- UTILIZED PARKING SPACES" BY STIPULATING THAT IF THE LEASED SP ACES ARE ON A LOT NONCONTIGUOUS WITH THE DEVELOPMENT 2 LEASING THE SPACES, THEY MUST BE WITHIN 500 FEET OF THAT DEVELOPMENT OR WITHIN 1,200 FEET OF THAT DEVELOPMENT WITHIN THE ARCHITECTURAL DISTRICT; 10. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS" AMENDING SUBSECTION 7-11, ENTITLED "VALET PARKING" BY CLARIFYING THOSE USES THAT MAY SUBSTITUTE VALET PARKING FOR SELF-PARKING, ADDING DESIGN CRITERIA AND REGULATIONS FOR VALET AND TANDEM PARKING SPACES; 11. AMENDING SECTION 8 ENTITLED "LANDSCAPE STANDARDS" AMENDING SUBSECTION 8-6, ENTITLED "LANDSCAPE CRITERIA" BY CLARIFYING PERIMETER BARRIER HEIGHT REQUIREMENTS, AND SPECIFYING LANDSCAPING FOR LOTS OF 55' IN WIDTH OR LESS; 12. AMENDING SECTION 13 ENTITLED "NONCONFORMING STRUCTURES AND USES" AMENDING SUBSECTION 13-5, ENTITLED "DESTRUCTION, REPAIR, AND/OR RENOVATION OF NONCONFORMING BUILDINGS AND USES" BY ADDING TEXT CORRESPONDING TO CHANGE IN DISTANCE SEPARATION FOR NONCONTIGUOUS ACCESSORY PARKING LOTS WITHIN THE CITY AND THE MIAMI BEACH ARCHITECTURAL DISTRICT; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend Zoning Ordinance No. 89-2665 to address insufficient parking throughout the City, to insure that new parking facilities are design in an efficient and attractive manner, and to revise those provisions of the Zoning Ordinance which do not further the forgoing goals, and WHEREAS, the amendments set forth below are necessary to ensure all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 3-2, entitled "Terms Defined" of Section 3, entitled "Definitions" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 3 3-2 TERMS DEFINED A. For the Purpose of this Ordinance, certain terms and words are hereby defined. * * * 66.5. DRIVE: The area which connects a Parking Aisle in a Parking Lot or Parking Garage either to a Street. alley or another Parking Aisle: or which serves as the approach to the Off-Street Parking Space(s) or Parking Garage for a Single Family Residence or Townhome. * * * 80. FLOOR AREA: The sum of the gross horizontal areas of the floors of a Building or Buildings, measured from the Exterior faces of Exterior walls or from the Exterior face of an architectural projection, from the centerline of walls separating two attached Buildings. However, the Floor Area of a Building shall not include the following unless otherwise provided for in this Ordinance. a. Accessory water tanks or cooling towers. b. Uncovered steps. c. Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet, six inches. d. Terraces, breezeways, or open porches. e. Floor space used for required accessory Off-Street Parking Spaces; however. up to a maximum of 2 spaces per residential unit may be provided without being included in the calculation of the Floor Area Ratio. IIo'vvc"(ef ifthe ptlfkifig gtlfage ill the maifi permitted Ulle, thefi the Floor Area of the p8:rkifig le'.elll Ilhall be ifieluded in. the caleulatiofi elf the Floor Area Ratio. L. Commercial Parking Garages and non-Commercial Parking Garages when such Structures are the main Use on a Site. gf. Mechanical equipment rooms located above main roof deck. hg. Exterior unenclosed private Balconies. ih. Floor Area located below Grade; however, if the ceiling is above Grade, 1/2 of the Floor Area that is below Grade shall be included in the FAR Floor Area Ratio calculation. ki-. Enclosed garbage rooms, enclosed within the Building on the Ground Floor level. 4 Volumetric Buildings, used for storage, where there are no interior floors, the Floor Area shall be calculated as if there was a floor for every eight (8) feet of height. When Transfer of Development Rights are involved, see Section 6-29.C for additional regulations that address Floor Area. * * * 148.5. PARKING AISLE: The area to the rear of Off-Street Parking Spaces utilized for maneuvering of motor vehicles in a Parking Lot or Parking Garage. 148.6. PARKING GARAGE: A substantially enclosed structure used for the parking of motor vehicles. 149. PARKING LOT: A 3urfa:ee An at-grade. level area or DuildiRg used for the parking of motor vehicles. * * * 153. PARKING SPACE, OFF-STREET: An all weather :mrfaeed area, not in a Street or Alley, vihieh affords egress by ltli all ".veather 3urfa:eed dri'ie\Vay for ltli automobile "iiithout requiriRg another automobile to be IDo"fcd. that is maintained for the parking of one motor vehicle. 153.5. PARKING SPACE. TANDEM: An area. not in a Street or Alley. maintained for the stacked parking of two motor vehicles. * * * 201. STRUCTURE: Anything constructed or erected, the Use of which requires permanent location on the ground. Among other things, Structures include Buildings, walls, fences, Parking Garages. Parking Lots. Signs and screen enclosures. * * * SECTION 2. That Subsection 6-5, entitled "Residential Setback Requirements - RM-l,2,3" of Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 ofthe City of Miami Beach, Florida is hereby amended as follows: 5 6-5 RESIDENTIAL SETBACK REQUIREMENTS - RM-l,2,3 1. Front 2. Side, Interior 3. Side,Facing a Street 4. Rear A. At Grade 20' 5', or 5% of Lot Width, 5', or 5% of Lot Width, Non-oceanfront Lots -5 parking Lot on whichever is greater. whichever is greater. feet the same Lot. Oceanfront Lots - 50 fect L6t~ 55 n. .. ide from Bulkhead Line. 61 le~s. l.~ Jlel 8eefltttt- 6 25,8.14.11. B. Subterranean 20' 5', or 5% of Lot Width, 5', or 5% of Lot Width, Non-oceanfront Lots -0 whichever is greater. (0' whichever is greater. feet if Lot Width is 50' or Oceanfront Lots - 50 feet less) from Bulkhead Line. e. Pedestal 20 feet Sum ofthe Side Yards Sum ofthe Side Yards Non-oceanfront Lots -10% shall equal 16% of Lot shall equal 16% of Lot of Lot Depth. Except lots A and 1-30 of the Width. Width. Oceanfront Lots - 20% of Amended Plat Indian Beach Min.- 7.5' or 8% of Lot Min.- 7.5' or 8% of Lot Lot Depth, 50 feet from the Corporation Subdivision and lots Width, whichevcr is Width, whichever is Bulkhead Line whichever 231-237 of the Amended Plat of greater. greater. is greater. First Ocean Front Subdivision - 50 feet. D. Tower 20' + I' for every I' increase in The required Pedestal Sum ofthe Side Yards Non-oceanfront Lots -15% height above 50', to a maximum setback plus .10 ofthe shall equal 16% of the of Lot Depth. of 50', then shall remain constant. height of the Towcr Lot Width. Oceanfront Lots - 25% of portion of the building. Min.-7.5' or 8% of Lot Lot Depth, 75' minimum Except lots A and 1-30 of the The total required Width, whichever is from the Bulkhead Line Amended Plat Indian Beach setback shall not to greater. whichever is greater. Corporation Subdivision and lots exceed 50 feet. 231-237 of the Amended Plat of First Ocean Front Subdivision - 50 feet. E. In the RM -1, Residential District, the ground floor level of a building when viewed from a street shall be screened or enclosed. The method of screening or enclosure shall be approved under the Design Review process. F. See Subsection 6-2.1 for residential setback requirements in the RM-PRD District. SECTION 3. That Subsection 6-25, entitled "Supplementary Yard Regulations" of Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby deleted as follows: * * * 6-25 SUPPLEMENTARY YARD REGULATIONS * * * 6 B. Allowable Encroachments * * * 14. Parking Carages and At Cradc pfifking Lots (induding th03C operft1:ed on a 'v'alet basis) When a main Use, pfifking Garages ftfid At Crade Parkiftg Lots shtl:ll hfrVe the follo'Niftg sctbaek:'!: a. Pfifkiftg Cfifagc (1) from ftfid side facing a Street 10 feet; 0 feet for the cntirc Stmcture if retail on the ground floor v.ith storcfroftt wiftdo';y's. (2) irtterior sidc and rear ifin a Covernmcnt Use (CU), Ciyie aftd Convcfttion Center (CCC), Residemial or Mixed Use Enterttl:imncnt District, 5% of Lot Width, not to cxceed 20 feet, othervvisc thc regulations as set f-orth in thc district in 'v'vhich the Usc is located. (3) /~lley (supcrcedes above) if abutting a Single Family district 10 feet. 1ft all other instanecs in v;hieh there is not access to thc parkiftg Structure from the /Jky, 0 fcet. 5 feet iftherc is aceess to the parking Structure from thc Alley. b. At Crade; parking Lots shall havc the follo'Ning se;tback:'! (See Section 6 5, Afr"" (1) Lots \vhich fife 55 feet widc or less shall hfr'v'c thc follo\.ing dc-.dopmem rcgulft1:ions; tllld parking stalls fife pe;nnitted to mea:mrc 8.5 f-eet by 16 feet: (a) Required setback:'! i) Front: 900 Parking 10 feet; Angled parking eaeh corncr of thc lot shall have a landscapcd fifca thft1: is formed by an iS03ccles triftfigk thft1: has a basc of ft1: least 19.5 feet. 7 ii) ReM: Vii thin 15 fect of the rear lot line there 3hall b t"'6 I a a ' C vv an 3cape Mca3 each ha'v'ing an Mea of at least 200 3q. ft. iii) Sides: two (2) feet on cadi side. (b) A . ~ 1 perImeter Viall or dense hedge of at least 3 5 feet' h' ft IS requir d n.ft .' In Clg t he, ex~ept vv ele t\\'o ParkIng Lots Me adjacent to cae: other \fl t d'" . " n groun IfflgatlOn system that eo-."ers 1 00% of the Itmdseaped 8.re8.S shall be pro'vided. Therc shall b t least t vVO (2) !tmd3CttJ'!cd i3ltmds vv'ith each hft"v'ing a:n area ~ OaO 3q: ft. at fi p01ftt approximately 50% of the Lot deptl A drt' 'e~ ft H b 'to " 1eeess v 3 a e 8:S per Section '7 5 D , . ~ L<lt Widlh I Side YM<l ,etbaek> tr1 bet'1v'ecn 56 and 100 feet 5 feet E31 between 101 a:nd 150 feet 10 fcet t41 greatcr thafi 151 fcct 15 f'Cet e. The required Front and RCM Yards shall be as foHovv's: Resi~ential Di3triets: 20 feet in the requircd Front Yard d 5 fcet 1ft the required Rea v d H' 8.n f; t' h . l' ~ 8.r ; a other dIstricts 3h8:ll be 10 ee In t e reqUIrcd Front fIDd 5 feet in the required Rear Y 8.rd. See Seetion 8 for la:ndsettpe d . 7 .:;: n 4:' ..l . afi opefi 3raee reqUIremefits find Seetiofi :;j, t::>I' ter ~@Slbn standards. .. (5) d. All PMking Lots ftfid gttl'ftg .o} ~ 'I . d' . es, vv 1m a v fim Pe:rmitted Use: in a Eoning Istnct, shall be revic'vved under the De3ign R ..' ... f; tlt. S . e vIe vv process as sct 0:.. .~~ ectlOn 18. ~Then they afe a Conditional U 3C, they 3hall be revlevved by the Plannmg Board as set forth in Section 17. 8 c. Fm put'f'03e3 of determiftiftg the maXimUftl 3ize of the gMage, the Floor Area Ratio 3hall equal the maximum FAR as set f{)rth ift the uftdcrlying zoning district pro (iding that thc gtlYflgC project meets at a miftimum a total of 0.50 in de3igft boftu3c3 a3 li3ted in Scction 6 24. Whcn Commcrcial U3C3 fife located Oft thc ground floor, thi3 Flom Area 3hall not be ineluded in the floor Arca Ratio caleulation. If thc highe3t level of a gMttgC i3 opeft to thc 3ky, thcft that level 3hall ftot be ineludcd in thc Flom 1\rea Ratio calculation. f. Commercial U3C3 Me only pcrmittcd \-"{heft a project i3 located in a Mixed U3e Entcrtaifllllcnt (MXE), Govcrnment U3e (CU), Cmwention Ccftter (CCC) or Commcrcial Di3triet. Vi7ficft loeated ift the3e di3triet3 thc garage shall contaift rctail U 3e3 loeated aloftg the emire lcftgth of a public Strect, cxelucliftg efttmnce aftd exit drivc3 aftd floor Arca of other U3e3 that faeilitttte thc opertttioft of the gfifagc. CMagc3 that arc built 30lely viith public fund3 ft1tty be cxcmpt from thi3 requiremeftt if meeting the fcquircment v,>ould affect the tax excmpt 3tatU3 of the pfOj eet. g. Height limit a3 3Ct forth in the di3triet in v.hieh the project i3 located. h. At Cradc Parkiftg Lot3, wheft Em Aeee3:mry U 3e either located undcr a Duildiftg or othef\vi3c 3hall comply viith the 3etbacks a3 3et forth ift Seetioft 6 5.A. * * * SECTION 4. That Subsection 7-1, entitled "General Provisions and Parking Districts Established" of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 7-1 GENERAL PROVISIONS AND PARKING DISTRICTS ESTABLISHED For the purposes of establishing Off-Street Parking requirements, the City of Miami Beach shall be divided into two parking districts. A. Parking District No. I - Parking District No. I is that area not included in Parking District~ No~. 2. 3 and 4. B. Parking District No.2 - Parking District No.2 includes those properties with a Lot Line on Lincoln Road from the west side of W ashington Avenue to the east side of 9 Alton Road and those properties north of Lincoln Road and south of Seventeenth Street from the west side of Washington Avenue to the east side of Lenox Court. C. Parkin!; District No.3 - Parkin!; District No.3 includes those properties with a Lot Line on Arthur Godfrey Road from the east side of Alton Road to west side of Indian Creek Waterway. D. Parking District No.4 - Parking District No.4 includes those properties. within the CD-2 and CD-3 commercial districts with a Lot Line on 71st Street from the west side of Collins Avenue to the east side of Rue Notre Dame. and those properties with a Lot Line on Normandy Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre Dame. E.G. There shall be no Off-Street Parking requirement for Main or Accessory Uses associated with e.:xisting Buildings that existed prior to October L 1993. which are ill located within the Miami Beach Architectural District 6f:-ili). a Contributing Building within a Local Historic District or. (iii) individually designated Historic Building. This provision shall not apply to renovations and new additions to existing Buildings which create or add floor area and to new construction which has a parking requirement. * * * SECTION 5. That Subsection 7-2, entitled "Off-Street Parking Required"of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 7-2 OFF-STREET PARKING REQUIRED Except as otherwise provided in this Ordinance, when any Building or Structure is erected or altered, accessory Off-Street Parking Spaces shall be provided for the Building, Structure or additional Floor Area as follows: A. Parking District No. 1 - * * * 34. Office or Office Building - 1 space per 400 square feet of Floor Area, however, medical offices and Clinics or offices located on the ground floor shall provide 1 space per 300 square feet. * * * B. Parking District No.2. No.3 and No.4 10 There shall be no Off-Street Parking requirement for Uses in this Parking District except for those listed below: 1. Apartment Building and Apartment-Hotel- 1 Yz spaces for each unit regardless of size or number of bedrooms. The parking requirement may be satisfied by entering into a Development Agreement with the City to provide for said parking through the construction of facilities over City owned properties (air rights) or by providing for Off-Site Parking facilities in accordance with Section 7-3 of this Ordinance. 2. Adult Congregate Living Facility - 1 space for every 2 beds. .1. Hotel. Convention - For Structures with less than 250 units. 1 space per unit: for Structures with 250-499 units. 0.75 space per unit: for Structures with 500 units or more. 0.50 space per unit. Required parking for Convention Hotel Accessory Uses shall be as follows: a. Retail- Required parking shall be computed at 1 space per 500 sq.ft. of Floor Area. minus 7.5 sq.ft. per unit. b. Auditorium. Ballroom. Convention Hall. Gymnasium. Meeting Rooms or other similar places of assembly - Required parking shall be 1 space per 7 seats or I space per 105 sq.ft. of Floor Area where there is no seating. minus 1 seat or 15 sq.ft. per unit. c. Restaurant or other establishment for consumption of food or beverages on the premises- Required parking shall be 1 space per 7 seats or 1 space per 105 sq.ft. of Floor Area where there is no seating. minus 1 seat or 15 sq.ft. per 2 units. d. Required parking for all other uses shall be as set forth in Subsection 7-2.8. The Zoning Board of Adiustment may grant a Variance for the total amount of parking required for a Convention Hotel and related accessory uses of up to 10%. 4. Hotel. Suites Hotel. Motel or Motor Lodge - 1 space per unit: however. suites hotel units as defined in Subsection 6-22D which are greater than 550 sq. ft. and which contain full cooking facilities shall have a parking requirement of 1 1/2 spaces per unit. Required parking for hotel accessory uses shall be as follows: 11 a. Retail- Required parking shall be computed at 1 space per 400 sq.ft. of Floor Area. minus 7.5 sq.ft. per unit. b. Auditorium. Ballroom. Convention Hall. Gymnasium. Meeting Rooms or other similar places of assembly- Required parking shall be 1 space per 4 seats or I space per 60 sq.ft. of floor area where there is no seating. minus 1 seat or 15 sq.ft. per unit. c. Restaurant or other establishment for consumption of food or beverages on the premises- Required parking shall be I space per 4 seats minus I seat for every 2 units. d. Required parking for all other uses shall be as set forth in Subsection 7-2.B. These parking requirements for Hotel Accessory Uses are only applicable to Structures that are being newly constructed or substantially rehabilitated as Hotels. The Zoning Board of Adiustment may grant a Variance for the total amount of parking required for a Hotel. Suites Hotel. Motel or Motor Lodge and related accessory uses of up to 20%. ~3-:- Offices - 1 space per 400 square feet of Floor Area. however. medical offices and Clinics or offices located on the ground floor shall provide 1 space per 300 square feet of Floor Area.. ~ 4:- Theaters - No requirement fur the first 600 scats; one (1) space for every ttdditiofittl eight (8) four (4) seats. The parking requircmcnt f'Or this use may not be satisfied tMough the Pttrking Impact Fcc Program as stfrted in Subsection 7 7 of this Ordinance. 1:...5-: Religious Institutions, Schools, Nursing Homes - As per Section 7-2,A. C. Zoning Districts exempted from Providing Parking - There shall be no required parking for any Use located in the Dune Overlay District or Waterway District 1. D. Removal of Existing Parking Spaces - Except as provided for within subsection 7-7.B.3.. no existing required parking space may be eliminated for any Use. However. notwithstanding the forgoing. the elimination of any parking space for the pUI:poses of addressing Americans with Disabilities Act (ADA) compliance or for the creation of an enclosed dumpster I trash area when there has been a determination by the Planning and Zoning Director of no feasible alternate location shall be permitted without the need to replace said space or payment of an impact fee. 12 SECTION 6. That Subsection 7-3, entitled "Off-Site Facilities" of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 7-3 OFF-SITE FACILITIES. A. All parking spaces required herein shall be located on the same Lot with the Building or Use served, or within a distance not to exceed ~ 500 feet from such Lot. or 1.200 feet if i) located in the City of Miami Beach Architectural District or ii) the parking lot is operated on a valet basis as per Subsection 7-11. The distance separation shall be measured by following a straight line from the Lot on which the main permitted Use is located to the Lot where the Parking Lot or garage is located. B. Where the required parking spaces are not located on the same Lot with the Building or Use served and used as allowed in paragraph 7-3,A above, a Unity of Title or for non adiacent lots either a Unity of Title or a Restrictive Covenant in Lieu of Unity of Title for parking unification shall be prepared for the purpose of insuring that the required parking is provided. Said Unity of Title or Restrictive Covenant shall be executed by owners of the properties concerned, approved as to form by the City Attorney, recorded in the public records of Dade County as a covenant running with the land and shall be filed with the application for a Building Permit. C. Temporary Parking Lot facilities shall be pursuant to Section 7-6,H ofthis Ordinance. SECTION 7. That Subsection 7-5, entitled "Design Standards" of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 7-5 DESIGN STANDARDS. A. Off-Street Parking Space Dimensions. Minimum Area. With the exception of parking spaces that are permitted in Section~ 7-6,13, ','{hen 7-11. 7-12. a standard Off-Street Parking Space is shall be an all weather surfaced area, not in a Street or Alley, and having a width of not less than eight and one half (8 1/2) feet and length of not less than eighteen (18) feet.:. except for A standard parallel parking-,stteh space shall be an all-weather surfaced area, twenty-one (21) feet in length and eight and one half (8 1/2) feet wide. The length required shall be measured on an axis parallel with the vehicle after it is parked. The width required is to be column- free clear space, except for those standard Off-Street Parking Spaces immediately adjacent to a structural column within an enclosed parking Structure which may have a width of eight (8) ft. The required area is to be exclusive of drivcv,;aY3 a Parking Aisle or Drive and; permanently re3crvcd maintained for the temporary parking of one (1) automobile 13 atld eOl'ult:eted with a Street or Alley by an all wefither ~mrfaeed drivev.ay. Thi3 driyeway mU3t be ee)fitiguoU3 to the Parking space atld aff-ord unob3trueted ingress and egre33 for an automobile to be moy.eel, except Viflerc vehiele3 Me pltlked in a '.alet parking lot. See Section 7 11 for additional Valet PMking regultttiong. H See Section 7-11 for valet parking standards. B. For II6teb, /..partment Buildings and efiting and drinking e3tablishment3 whieh MC 'vvithin a Redevelopment Area or within nfitionally or locally de3ignated IIi3torie Di3triet3 or Iloteh h8:\:ing m5fe than 200 unit3, the required pMldng ma'y be pro'~'ided on a valet ba3i3 in fit Crade Lots or parking Strueture3. The valet 3paee shall be eight (8) f'Cet by sixteen (16) f'Cet v.ith a maximum 3taeking of four (4) vehiele3 with tlfi ai3le of ttt ka3t 20 fect at the each end. An aigk i3 not required between 3taekeel ear3 and a wall or lot line. The 3etba:ck rcquirement3 for a 'iakt pMking lot or garage arc li3ted in Seetion 6 25,B.14. &B. Drainage and Maintenance. Off-Street Parking facilities shall be drained to prevent damage to abutting property and/or public Streets and Alleys and surfaced with erosion-resistant material in accordance with applicable City specifications. Off-Street Parking areas shall be maintained in a clean, orderly, and dust free condition at the expense, of the owner or lessee and shall not be used for the sale, repair, or dismantling or servicing of any vehicles, equipment, materials or supplies. B:C. Interior Aisles Dri've3. Interior Aisles drives shall meet or exceed the following minimum dimensions permitted: 900 parking - twenty-two (22) feet, with columns parallel to the interior drive on each side of the required drive set back an additional one (1) foot six (6) inches, measured from the edge of the required interior drive to the face of the column. 450 parking - eleven (11) feet. 60 0 parking - seventeen (17) feet. 300 parking - ten (10) feet, six (6) inches. Further defined by the following illustrations: 14 ('I :)~t ' , ( () () i)O r 1<'liq il ~ ) () I) OJ'! (i r~ ," I ,f) I , '/ ():: () i) 0 ['"' i < I r'iC i i[l () I) c;, r' 1< IIH D. Drives. Drives shall have a minimum width of twenty-two (22) feet for two-way traffic and eleven (11) feet for one-way traffic. E. Marking. Parking spaces shall be marked by painted double lines or curbs or other means to indicate individual spaces. Each individual space shall be provided with a car stop, curb or other similar device which is at least (two and one half (2~) feet from the end of the parking space to prevent vehicular encroachment. Signs or markers shall be used as necessary to ensure efficient traffic operations of the Lot. F. Lighting. Adequate lighting shall be provided. The lighting shall be arranged and installed to minimize glare on property in a residential district. Parking facilities shall be illuminated from 1/2 hour after sunset to 1/2 hour before sunrise at the levels specified below with a uniformity ratio of 10: 1: USE MIN. ILLUM. (FC) Residential lots Commercial lots small (5-10 spaces) medium (11-99 spaces) large (1 00+ spaces) .4 .4 .6 .9 G. Screening and Landscaping. At Grade Parking Lots and parking garages shall conform to the minimum Landscape Standards as set forth in Section 8-6. 15 H. Commercial and non-Commercial Parking Garages as a main Use on a separate Lot shall be subiect to the following regulations. in addition to the other regulations of Subsection 7-5. L When located in the CD-I. CD-2. CD-3. C-PSL C-PS2. C-PS3. C-PS4 and MXE Districts and in GU Districts adjacent to commercial districts. a Commercial or non-Commercial Parking Garage shall have first floor frontage consisting of space which is to be occupied for residential or Commercial Uses along any Street. excluding frontage for entrance and exit drives. 2. When located in the RM-L RM-2. RM-3. R-PSL R-PS2. R-PS3 and R-PS4 Districts and the GU Districts adjacent to residential districts. a Commercial or non-Commercial Parking Garage shall contain space which is to be occupied for residential Uses along any Street. at a minimum. shall maintain a residential character. In addition. when a parking garage is located in the RM-3 or R-PS4 Districts. said garage may also have first floor frontage with space occupied for Commercial Uses. .1. When located in residential districts. a Commercial or non-Commercial Parking Garage shall serve only residential uses with the exception of any commercial space within said Garage. 4. The height limit shall be 75 feet in the CPS-l. CPS-2. CD-3 and GU Districts: for all other districts the height limit shall be 50 feet or as set forth in the underlying zoning district. whichever is less. 1:. Setbacks shall be the same as the Pedestal setbacks for the underlying zoning district. !h The volume of such Commercial and non-Commercial Parking Garages shall be limited by the required setbacks and heights described within this subsection and shall not be subject to the Floor Area Ratios prescribed for in the underlying zoning district. L Parking Garages that are built solely with public funds may be exempt from the requirements of 7-5.H.l and 7-5.H.2 above if meeting the requirement would affect the tax exempt status of the project. The forgoing does not limit the City Commission's ability to waive development regulations for GU properties as per Subsection 6-12. 1. Commercial and non-Commercial Parking Lots as a main Use on a separate Lot shall be subiect to the following regulations. in addition to the other regulations of Subsection 7-5. 16 L The required Front and Rear Yards shall be those of the underlying district. b The required Side Yards shall be as follows: ~ Lot Width I Side Yard setbacks W 55 feet wide or less 2 feet between 56 and 100 feet. 5 feet D2l inclusive W greater than 100 feet 10 feet .:L Lots which are 55 feet wide or less may have 900 parking stalls measuring 8.5 feet by 16 feet. ,LH:- Temporary Parking Lot Standards. When permitted, the following standards are established for Temporary Parking Lots: 1. Temporary Commercial or non-commercial Parking Lots may be operated in the MR Marine District, GU Government Use District, MXE or C PS 1 4 Di3triet3 in any commercial district. These Lots may be operated independent of a primary Use. Temporary, non-commercial Lots may be located in the R-PS 1-4 and in any multi-family residential district or within the Architectural District as defined in Section 3-2,A of this Ordinance. One Sign per Street frontage is permitted. The maximum size of each Sign shall be five (5) square feet per Fifty (50) feet of Street frontage. 2. Parking Lots shall be brought to Grade with no less than one (1) inch of asphalt over a four (4) inch limerock base; however, the Public Works Director may require a six-inch limerock base or thicker asphalt based upon conditions at the Site, the intensity of the Use at the Site or if trucks are intended to be parked on the Site that would require the additional base support. Prior to the issuance of an Occupational License for a Temporary Parking Lot, the Applicant shall submit a maintenance and watering plan which is approved by the Planning and Zoning Department. 17 3. Should the City Manager find that the operation of a Temporary Parking Lot has an adverse effect on the welfare of surrounding properties, he may revoke the license pursuant to the procedures set forth in Section 20-27 of the Miami Beach City Code upon 48 hour written notification to the Applicant. 4. Use of Temporary Parking Lots shall not be for parking which is required by the Zoning Ordinance. 5. All Lots considered under this Section shall be reviewed pursuant to the Design Review regulations. 6. All Lots located South of Biscayne Street or located in a Residential Zoning District shall require a public hearing pursuant to the Conditional Use procedures as set forth in Section 17-4,C. 7. Prior to the issuance of an Occupational License, a covenant running with the land which lists the applicable requirements of this Section shall be recorded in the public records of Dade County. 8. Temporary Parking Lots shall not be permitted to exist for a period of time greater than three (3) years from the date of Building Permit issuance regardless of ownership. At the end of this period, if the lot continues to be used for the purposes of parking, a permanent lot shall be constructed in conformity with the Zoning Ordinance; however, an Applicant may request one extension of time for a period not exceeding two (2) years from the Planning Board. 9. If the Lot is paved and not operated on a valet basis, then all parking spaces shall be marked by painted lines or curbs or other means to indicate individual spaces and wheel stops shall be provided. Vehicles shall not back out onto any Street. The size of the parking spaces, back-out areas and exit/interior drives shall not have dimensions less than those required in Section 7-6,A-D of the Zoning Ordinance. Lots operated on a valet basis shall have wheel stops at the edge of the pavement. All wheel stops required in this subsection shall be placed no less than four (4) feet away from each other. 10. There shall be a five (5) foot wide, landscaped area bordering the surfaced area along a property line, Street Alley or sidewalk. The front and rear areas shall be landscaped with canopy trees (minimum of two (2) trees per fifty (50) feet of Street and Alley frontage). All landscaped areas shall utilize St. Augustine Grass or planted material acceptable to the Planning and Zoning Department. A two and one half (2~) foot high hedge shall be placed along the side and rear property lines. 18 11. No interior landscaping is required; however, all landscaping that is placed on the Lot shall be maintained in good condition so as to present a healthy, neat and orderly appearance. 12. Water for irrigation shall be available within fifty (50) feet of all landscaped areas. A hose bib or an in-ground system is acceptable. 13. Prior to the issuance of a Building Permit, the Planning and Zoning Department shall approve the Site Plan and landscaping. Prior to the issuance of an Occupational License, the Department shall approve the placement of landscaping. 14. Surface storm water shall not drain to adjacent property or a public right- of-way. If the Public Works Director determines that there is insufficient area to accommodate drainage, he may require that for every 1,000 square feet of surface parking area, there shall be two (2) twenty-four (24) inch diameter round auger holes drilled to a depth of two (2) feet below ground water and filled with rough, washing, ballast rock, brought to within six (6) inches of an auger hole inlet casting. 15. Any temporary parking lot that is non-conforming to these regulations six (6) months after the Effective Date of this Ordinance or upon the expiration date of an existing Occupational License, whichever is later, shall cease to exist. I. Provisional Parking Lot Standards. When permitted, the following standards are established for Provisional Parking Lots: 1. Provisional Commercial or non-commercial Parking Lots may be operated in the CD 1- 3 (Commercial, Low to High Intensity) Districts, CPS-l and 2 (Commercial Performance Standards Districts). RPS-l trough 3 (Residential Performance Standards Districts). 1-1 (Light Industrial) District, and MXE (Mixed Use Entertainment) District. These Lots may be operated independent of a primary Use. One Sign per Street frontage is permitted. The maximum size of each Sign shall be five (5) square feet per Fifty (50) feet of Street frontage, not to exceed twenty (20) square feet. 2. Provisional Parking Lots shall be brought to Grade with a dust-free surface of no less than two inches of crushed rock. Prior to the issuance of an Occupational License for a Provisional Parking Lot, the Applicant shall submit a plan which addresses the regular maintenance and watering of the parking, and landscaped surfaces; said plan shall be approved by the Planning and Zoning Department and monitored for compliance. 19 3. Should the City Manager find that the operation of a Provisional Parking Lot has an adverse effect on the welfare of surrounding properties, he may revoke the license pursuant to the procedures set forth in Section 20-27 of the Miami Beach City Code upon 48 hour written notification to the Applicant. 4. Use of Provisional Parking Lots shall not be for parking which is required by the Zoning Ordinance. 5. Provisional Parking Lots shall not be permitted to exist for a period of time greater than one (1) year from the date of Certificate of Completion, Certificate of Occupancy, or Occupational License issuance (whichever occurs first) regardless of ownership. At the end of this period, if the Lot continues to be used for the purposes of parking, a temporary or permanent Lot shall be constructed in conformity with the Zoning Ordinance; however, an Applicant may request one extension of time for a period not exceeding six (6) months from the Planning and Zoning Director. Any further extension of time is prohibited. 6. If the Lot is not operated on a valet basis, then all parking spaces shall be marked by painted lines or curbs or other means to indicate individual spaces and wheel stops shall be provided. Vehicles shall not back out onto any Street. The size of the parking spaces, back-out areas and exit/interior drives shall not have dimensions less than those required in Section 7-5,A-D of the Zoning Ordinance. Lots operated on a valet basis shall have wheel stops at the edge of the parking surface. All wheel stops required in this subsection shall be placed no less than four (4) feet away from each other. 7. There shall be a 2 ft. 6 in. wide, landscaped area bordering the surfaced area along all property lines. All landscaped areas shall utilize St. Augustine Grass or planted material acceptable to the Planning and Zoning Department. A two and one half (2Y2) foot high hedge shall be placed along all property lines facing a Street. Water for irrigation shall be available within fifty (50) feet of all landscaped areas. A hose bib or an in-ground system is acceptable. 8. Prior to the issuance of a Building Permit, the Planning and Zoning Department shall approve the Site Plan and landscaping. Prior to the issuance of an Occupational License, the Department shall approve the placement of landscaping. 9. Surface storm water drainage shall be approved by the Public Warks Director. 20 .l!1. The applicant for a Provisional Parking Lot must provide a written statement from the property owner as part of the required submission for the Lot. acknowledging that the owner is fully and solely responsible for eliminating any contamination resulting from lack of a drainage system on the unpaved Lot and indemnifying and hold the City harmless from loss or damage arising from any contamination on the Lot. in a form approved by the City Attorney's office. lL.:l"B:- No variances shall be granted from the requirements of this Section. 12. H. At the time the Provisional Parking Lot ceases to exist, all crushed rock material shall be removed within thirty (30) days replaced with sod and/or landscaping as determined acceptable by the Planning and Zoning Department. This provision shall not apply to existing lots where crushed rock was legally in place at the time of the passage of this ordinance. * * * SECTION 8. That Subsection 7-7, entitled "Parking Impact Fee Program" of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 7-7 PARKING IMPACT FEE PROGRAM 'Nh~re there i3 inadequftte ar~a ftVailttblc on Site, or at a loefttion -1. ithin 1200 feet of the Site, for 1"foviding 3ame or all af the 1"arking 31"aee3 required by thi3 Ordinance for a gi'ven U 3e, the 1"arking requirement may be fulfilled by 1"ayment of an im1"fl:et f'Ce in3tead, a3 1"ro'/ided herein. In no in3tan~e 3hall the 3ub3titution of an im1"a~t fee re3ult in the wn3tmetion of a neN re3idential De-iela1"men:t ';ihid'\. 1"ro'v'ide3 !e33 than one (1) 1"fl:rking 3pace 1"er unit ftftd any other t) 1"e of ne-.... cOfi3truetion de v d01"me::nt v.rhich pro v ide3 le33 than fifty per cent (50%) of the required 1"arking. New wn3tru~tion of commereial develo1"ment and Re3idential addition3 to exi3tifig building3 ,;.h.t:ther attfl:ehed or detached from the main 3trueture within the Miftftli Beach Arehite~tural Di3trict or a Lo~al I li3torie Di3tri~t may fully 3ati3fy the parking requirement by 1"fH'tiei1"atioft in the Parking Im1"aet Fee Progran11"ur3uant to Sub Seetion 7 7, .\.1 below. A. A Parking Impact Fee may be paid to the City of Miami Beach in lieu of providing required parking on-Site. or within 1200 feet of the Site in the Miami Beach Architectural District or otherwise within 500 feet of the Site. only in the following instances: 21 L New construction of commercial or residential development and commercial or Residential additions to existing buildings whether attached or detached from the main structure within the Miami Beach Architectural District or a Local Historic District. 2. When an alteration or rehabilitation within an existing Structure results in an increased parking requirement pursuant to Subsection 7-7 .B.2. .1. New construction of 1.000 square feet or less. or additions of 1.000 square feet or less to existing buildings whether attached or detached from the main Structure may fully satisfy the parking requirement by participation in the Parking Impact Fee Program pursuant to Sub-Section 7-7.B.l below. 4. The creation or expansion of an Outdoor Cafe (except for those which are an accessory use to Buildings described in 7-1.E which are not eligible to participate in the Parking Impact Fee program. kB. Fee Calculation. 1. New Construction -The impact fee shall be satisfied by a one-time payment at the time of issuance of a Building Permit of $1 0,000 $15.000 per Parking Space. a33c33ed fl3 folloVi3: % sf Fee Ns. elf Reql:lired :il"aee:i fl8t I"r6, iaea I"er :il"see ft:' ~ o 69 :il"see:i lr. 6G% 70 89 81"flee8 ~ ~ 90 109 81"aee8 th ~ 110 129 81"see8 ~ 9G% 130 149 :il"aee:i f: +00% 150 t}l 11161 e 3paeC3 The amount of said fee may be changed in accordance with Section 7-7 ,ABA. 2. Existing Structures and Outdoor Cafes - When alteration or rehabilitation of a Structure results in an increased parking requirement. or an Outdoor Cafe is created or expanded demMd, regtlfdle33 of the value of the work, the impact fee shall be satisfied by one of the following: 22 a. A one time payment as set forth in Subsection 7-7,A.B.1 above, or b. A yearly payment in the amount of 61% of the payment required by Subsection 7-7,AB.l which shall continue as long as the Use exists. (The amount of said payment may vary from year to year in accordance with the determination set forth in Subsection 7-7,ABA.) However, in lieu of continued yearly payments, a one-time redemption payment may be made at any time of the full amount due pursuant to Subsection 7 -7,AB.l; said amount shall be based upon the latest determination made pursuant to Subsection 7-7,AB.4. as of the time of the redemption payment rather than upon the amount which would have been due if the fee had been paid at the time the work was done, regardless of the number of yearly payments made previously. However, when New Floor Area is added to the existing Building, the impact fee shall be as set forth in Section 7-7;-A-B.l above. 3. Removal of existing parking spaces in a Historic District - Whenever an existing required parking space is removed or eliminated for any Building out3id~ the ,\rchiteetura:l Di3tri~t Of a LOCfl:l IIi3tori~ Digtrict or for ne-vYly wfi3tnletcd Buildifigg or adclitioft3 -1v'ithin the Arehite~tUfal Di3trict or a Loeal IIi3torie Di3triet whi~h reeei-v'ed a building 1"ermit after October 1, 1993, that existed prior to October 1. 1993. which are (i) located within the Miami Beach Architectural District. (ii) a Contributing Building within a Local Historic District or . (iii) any individually designated Historic Building, a parking impact fee shall be required if a replacement parking space is not provided on site or within 500 feet of the Site or within 1,200 feet of the Site if in the Miami Beach Architectural District. Said fee shall be satisfied as set forth in Subsection 7-7, AB.2 above. In no case shall the removal of parking spaces result in less than one parking space per residential unit or 50% of the required parking for commercial Uses. 4. The amount determined to be the City's total average cost for land acquisition and construction of one parking space shall be evaluated yearly by the Planning and Zoning Director based upon City of Miami Beach average real estate sale prices and the U.S. Department of Commerce Construction Price Index for South Florida. If determined necessary, the fee structure shall be amended in accordance with Section 14, Changes and Amendments of this Ordinance. * * * 23 SECTION 9. That Subsection 7-9, entitled "Surplus and Under-Utilized Parking Spaces" of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 7-9 SURPLUS AND UNDER-UTILIZED PARKING SPACES A. Surplus Parking Spaces When a Development contains parking spaces in excess of the number required by this Ordinance, such spaces shall be considered as surplus parking. These surplus spaces may be leased to another property for Use as required Parking spaces, if the surplus spaces are within 500 ft. of the Development leasing such spaces or within 1200 ft. of the Development leasing such spaces in the City of Miami Beach Architectural District. The lease agreement shall be approved by the Planning and Zoning Director and the City Attorney's Office prior to its execution and it shall be recorded in the public records of Dade County, for each of the affected properties, prior to the issuance of a Building Permit or Occupational License, whichever is earlier. When the Development that contains the surplus parking changes to a Use that requires additional parking, such Use shall not receive a Building Permit or Occupational License until the City receives documentation that a parking shortfall has not been created for any other Use that may have been utilizing the surplus parking. * * * SECTION 10. That Subsection 7-11, entitled "Valet Parking" of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 7-11 VALET AND TANDEM PARKING Required 1"ftl'king for new or 3ub3taffiially reno'v'ated I Iotd Duilding3, I Iotd Acce330ry U3e3, Niglttdub3 or Re3taurftftt3 in exee33 0[200 3eat3 may be 3ati3ned through thc pro'v'igioll3 of valet 1"firking 31"aeC3 (See Seetion 7 5,D f'Of De3ign Standard3). Multi Family Duilding3 may pro"f'ide Uf' to but not more thftft one half of the fequircd space3 fi3 'v'alct 1"arking 31"fieeg. 1513 2 A. Commercial Parking Garages and Lots may consist of 100% valet parking spaces. Required parking for commercial establishments. Hotels. Hotel Accessory Uses. multi-family residential Buildings. residential Accessory Uses. and Alcoholic 24 Beverage Establishments may be satisfied by providing 100% valet parking spaces. However. any required parking valet spaces for a multi-family residential Building shall be governed by a restrictive covenant. approved as to form by the City Attorney's office and recorded in the public records of Miami-Dade County as a covenant running with the land. stipulating that a valet service or operator must be provided for such parking for so long as the Use continues. B. Dimensions for valet and Tandem Parking Spaces shall be eight and one-half (8.5) feet depth by sixteen (16) feet width with a maximum stacking of two (2) vehicles with an Parking Aisle of at least twenty-two (22) feet. C. Tandem Parking Spaces may be utilized for self-parking in multi-family residential Buildings and shall have a restrictive covenant. approved as to form by the City Attorney's office and recorded in the public records of Miami-Dade County as a covenant running with the land. limiting the use of each pair of Tandem Parking Spaces to the same unit owner. SECTION 11. That Subsection 8-6, entitled "Landscape Criteria" of Section 8, entitled "Landscape Standards" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 8-6 LANDSCAPE CRITERIA When the Site is located in an area designated for landscape review, the following regulations shall be used in evaluating the plans: * * * B. At-Grade Parking Lots For the purpose of this section, the term "At-Grade" Parking Lot shall encompass Commercial Parking Lots and Non-commercial Parking Lots as described in Section 3-2 of the Ordinance whether they are primary or Accessory Uses and that portion of a Lot which is underneath the Building and is At-Grade which is utilized for parking. Notwithstanding the requirements in this Section in no instance shall the required landscaped area be less than 20% of the total area, except for Temporary Parking Lots which are subject to Section 7-6,H, and lots which are 55 feet wide or less. 1. Required landscaping adjacent to the public right-of-way shall be landscaped as follows: 25 a. Landscaping shall include one tree or grouping of three (3) palms for each thirty (30) linear feet or any fraction thereof. Such trees shall be located between the abutting right-of-way and Parking Lot Area and shall be planted in a planting area of at least twenty-five (25) square feet with a minimum dimension of five (5) feet. In addition, a hedge, wall or other landscape barrier not to exceed 3l1z feet at maturity and at least two and one half (2Y2) feet in height at the time of planting, shall be placed only along the right-of-way. If such barrier is of nonliving material, one shrub or vine shall be planted abutting the barrier for each ten (10) linear feet. Such shrubs or vines shall only be planted between the property line and barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover, or other landscape treatment excluding paving. b. Any plantings located in the right-of-way including, but not limited to, trees, shrubs, ground cover, and sod shall be maintained by the abutting Property Owner. c. Necessary access ways from the Street through all such landscaping shall be permitted to service the Parking Lot and such access ways may be subtracted from the linear dimension used to determine the number of trees required. 2. Perimeter parking adjacent to side and rear property lines: The perimeter of parking areas abutting residential or commercial properties shall provide, at a minimum, a five (5) feet landscaped strip, except when abutting an alley. The perimeter of the parking area shall also be screened with an opaque fence. wall or continuous hedge or other durable landscape barrier. The hcight of the 3~recning deviee 3hall not be greater than three find one half (3 Ji~) feet nor lc33 than tvvo fIlld one half (2 J)~) feet at timc of plfinting. If plant material is used as the screening device. it shall not be less than a height of 30" at time of planting. All landscape areas along the perimeter of the parking areas abutting residential or commercial properties shall provide one (1) tree or cluster of three (3) palms for every forty (40) linear feet of property relating to an abutting property. 3. Parking Area - Interior Landscaping: Parking areas shall provide a minimum of five (5) percent of net interior area as landscaping. One (1) tree or grouping of three (3) palms with a clear trunk of at least six (6) feet shall be provided for each one hundred (100) square feet 26 or fraction thereof of required landscaped area. Such landscaped areas shall be located and designed in such a manner as to divide, break up the expanse of paving. In instances where the strict application of this Subsection will seriously limit the function of the parking area, the required landscaping may be located near the perimeter of the paved area. Such required interior landscaping shall be in addition to the perimeter landscaping requirements. Landscaped area~ shall require protection from vehicular encroachment. Car stops shall be placed at least three (3) two and one half feet from the edge of the paved area. The minimum and maximum paved area designated as the required parking space shall be as stated in Section 7-65A. of this Ordinance. In no instance shall the required landscaped area be included within the required pf,arking sS,pace area. 4. Notwithstanding the requirements in this Section, in no instance shall the required landscaped area be less than twenty (20) percent of the total area of the Parking Lot. 2" For Parking Lots 55' wide or less. landscaping shall consist of a perimeter wall or dense hedge of at least 3.5 feet in height. one shade tree or three palms per 30 linear feet adiacent to a public right-of-way. one palm per 30 linear feet along the side property lines. and one shade tree or three palms per 30 linear feet along the rear property line except when abutting an alley. An in-ground irrigation system that covers 100% of the landscaped areas shall be provided. C. Other Vehicular Use Areas Landscape requirements of vehicular Use areas, such as Service Stations, are subject to regulations as stated in Section 8-6,B. D. Parking Garages Parking Ggarage requirements for landscaping U3e fire gubje~t to shall comply with regulations as stated in Section 8-6,A of this Ordinance. E. Visual Barriers for Swimming Pools Accessory swimming pools when located in a Required Yard facing a public Street shall be screened from public view by a hedge, wall or fence not less than five (5) feet in height. The hedge shall be planted and maintained so as to form a continuous dense row of greenery as per the requirements of this Section. The maximum height of the visual barrier shall be pursuant to Section 6-24. 27 F. Dumpsters shall not be located within any Front Yard or required Side or Rear Yards. They shall be within an enclosed area. G. Temporary Parking Lot Standards Landscape standards and setback requirements are pursuant to Section 7-6,H13 of this Ordinance. H. Appeals All appeals regarding the interpretation of the Landscape Ordinance shall be to the Board of Adjustment. SECTION 12. That Subsection 13-5 entitled "Destruction, Repair, and/or Renovation of Nonconforming Buildings and Uses" of Section 13, entitled "Nonconforming Structures and Uses" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 13-5 DESTRUCTION, REPAIR AND/OR RENOV A TION OF NONCONFORMING BUILDINGS AND USES. * * * B. NONCONFORMING BUILDINGS 1. Nonconforming Buildings which are damaged, repaired or rehabilitated by LESS THAN FIFTY (50%) PERCENT OF THE VALUE DETERMINATION of the Building as determined by the Building Official pursuant to the standards set forth in the South Florida Building Code, may be repaired or rehabilitated if the following conditions are met: a. Renovated or repaired units shall meet the minimum Floor Area as set forth for the Zoning District in which the property is located. The number of units in the building shall not be increased. b. The Building shall have previously been issued a Certificate of Use, Certificate of Completion, Certificate of Occupancy or Occupational License by the City to reflect it's current use. c. Such repairs or reconstruction in the damaged or repaired portion of the Building shall meet the requirements of the Miami Beach Property Maintenance Standards, the South Florida Building Code, Fire Prevention and Safety Code, and if a Historic Structure, shall comply 28 substantially with the Secretary of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior(1983) and as amended. 2. Nonconforming Buildings which are damaged, repaired or rehabilitated by MORE THAN FIFTY (50%) PERCENT OF THE VALUE DETERMINATION of the Building as determined by the Building Official pursuant to the standards set forth in the South Florida Building Code, it may be repaired or rehabilitated if the following conditions are met: a. Historic Structures: 1). All Residential Units shall meet the minimum and average unit sizes for rehabilitated buildings as set forth in the Zoning District in which the property is located. 2). The existing structure's Floor Area, Height, and Setbacks may remain, but any new addition or alteration must comply with the current development regulations in the Zoning District in which the property is located. 3). All1"ttrking r~gulation3 1"Uf3ufint to Seetion 7 of the Zoning Ordinanec. D4t- The Building shall meet all requirements (as amended) in the following: South Florida Building Code, State Fire Marshall's Rules and Regulations, Fire Prevention and Safety Code, the Miami Beach Property Maintenance Standards and shall comply substantially with the Secretary of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior (1983) and as amended. b. Non Historic Structures 1). All Residential Units shall meet the minimum and average unit sizes for new construction as set forth in the Zoning District in which the property is located. 2). The Building must meet all development regulations (lot size, lot width, setbacks, height, open space, etc.) as set forth in the Zoning District in which the property is located, except for the Floor Area Ratio which may remain as is if it currently exceeds the maximum FAR allowed in the Zoning District. No new floor area may be added if the maximum FAR is presently exceeded. 3). The Building shall receive ne-parking credits if there is no change in Use: however. if there is a change in Use the Building shall receive no parking credits and must either PftY a 1"ftl'king impact fee Of provide the required parking on..,S,site... or within HOO 500 feet of the subject property or within 1.200 feet of the property in the Miami Beach Architectural District. or pay a parking impact fee. 4). The Building shall meet all requirements (as amended) in the following: South Florida Building Code, State Fire Marshall's Rules and Regulations, Fire Prevention and Safety Code and the Miami Beach Property Maintenance Standards. C. If a Nonconforming Building has been cited by the Dade County Unsafe Structures Board, the owners shall bring the Structure into conformity with applicable codes within the time period specified by said Board. With regard to multiple Family residential Buildings, all of the units shall meet the Floor Area requirements as set forth in Section 13-5,B. above. If the Building is not brought into compliance within said time period, the Building shall not again be used except in compliance with all the regulations of this Ordinance. * * * SECTION 13. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 14. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 15. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 30 SECTION 16. of January EFFECTIVE DATE. This Ordinance shall take effect on the 31st day , 199~. PASSED and ADOPTED this 21st day of January , 199~. $jYOR ATTEST: ~o- PCiA-~ CITY CLERK Underlined = new language Strikeout = deleted language 1st reading 12/17/97 2nd reading 1/21/98 F:\PLAN\$ALL\DRAFT _ OR\@CITYCOM\PKGREGS2.0RD DJG/JGG/WGF December 4, 1997 December 19,1997 APPROVED AS TO FORM & I.ANOUAGE & FOR SCICUTION 14~ Y&.;V2 31 CITY OF MIAMI BEACH -;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 1ttp:\\ci.miami-beach. fl. us COMMISSION MEMORANDUM NO. i:f-O- 9 g TO: Mayor Neisen O. Kasdin and Members of the City Commission Sergio Rodriguez ~~ City Manager ~' An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by: DATE: January 21, 1998 FROM: SUBJECT: Amending Section 3, entitled "Definitions", amending Subsection 3-2, entitled "Terms Defined", by modifying the definitions for Floor Area, Off-Street Parking Space, Parking Lot, and Structure, and creating new definitions for Drive, Parking Aisle, Parking Garage, and Tandem Parking Space; Amending Section 6 entitled "Schedule of District Regulations" amending Subsection 6-5, entitled "Residential Setback Requirements - RM-l,2,3" by removing text referencing section 6-25,B.14.b. which is no longer applicable; Amending Section 6 entitled "Schedule of District Regulations" amending Subsection 6-25, entitled "Supplementary Yard Regulations" by removing reference to parking lots and garages in 6-25,B.14, providing for their movement to design standards subsection 7-5; Amending Section 7 entitled "Parking Regulations" amending Subsection 7-1, entitled "General Provisions and Parking Districts Established" by creating parking Districts No.3 and No.4 which include properties along Arthur Godfrey Road and 71st Street, respectively, and by clarifying the off Street Parking Exemption for existing buildings in Historic Districts or individually designated buildings; Amending Section 7 entitled "Parking Regulations" amending Subsection 7-2, entitled "Off-Street Parking Required" by modifying the parking requirement for offices located on the ground floor, and by modifying the parking requirements for uses within parking Districts No.2, No.3 and No.4, and by prohibiting the removal of existing required parking spaces except for compliance with ADA requirements or dumpster enclosure requirements; AGENDA ITEM K. S 15) DATEJ~t21-9~ 1 of 10 Amending Section 7 entitled "Parking Regulations" amending Subsection 7-3, entitled "Off-Site Facilities" by decreasing the maximum allowed distance from 1200' to 500' between a main use and accessory parking on a Noncontiguous Lot Citywide, Except in the Miami Beach Architectural District; Amending Section 7 Entitled "Parking Regulations" Amending Subsection 7-5, Entitled "Design Standards" by, Clarifying Specifications for Standard Off-Street Parking Spaces and Standard Parallel Parking Spaces, Removing Reference to Valet Parking from this Section, Adding Regulations for Commercial and Noncommercial Parking Garages and at-Grade Parking Lots as Main Uses, Allowing Temporary Parking Lots Within All Commercial Districts, Adding the C-PSl and C-PS2 and R-Ps 1, 2 and 3 Districts as Possible Locations for Provisional Parking Lots, and Adding the Requirement of a Statement from the Owner of Site of a Provisional Parking Lot Relative to Possible Contamination of the Site; Amending Section 7 Entitled "Parking Regulations" Amending Subsection 7-7, Entitled "Parking Impact Fee Program" by Eliminating the Substitution of an Impact Fee for New Construction and Allowing for the Payment of the Parking Impact Fee for Rehabilitations Within Existing Structures That Result in an Increased Parking Demand, New Commercial Construction or Additions ofless than 1,000 Square Feet and the Creation or Expansion of Outdoor Cafes; Establishing a Flat, One-Time Parking Impact Fee of$15,000 per Space for New Construction, Establishing the Yearly Payment for Existing Structures to 4% of the One-Time Fee, Elimination Of the Allowance for Unlimited Removal of Parking Spaces Within the Architectural District or a Local Historic District Which Received a Building Permit Prior to October 1, 1993, and Adding Allowance for Parking Impact Fee for the Removal of Parking Spaces; Amending Section 7 Entitled "Parking Regulations" Amending Subsection 7-9, Entitled "Surplus and Under-Utilized Parking Spaces" By Stipulating That If the Leased Spaces Are on a Lot Noncontiguous with the Development Leasing the Spaces, They must Be Within 500 Feet of That Development or Within 1,200 Feet of That Development Within the Architectural District; Amending Section 7 Entitled "Parking Regulations" Amending Subsection 7- 11, Entitled "Valet Parking" by Clarifying Those Uses That May Substitute Valet Parking for Self-Parking, Adding Design Criteria and Regulations for Valet and Tandem Parking Spaces; Amending Section 8 Entitled "Landscape Standards" Amending Subsection 8- 6, Entitled "Landscape Criteria" by Clarifying Perimeter Barrier Height Requirements, and Specifying Landscaping for Lots of 55' Width or Less; 2 of 1 0 Amending Section 13 Entitled "Nonconforming Structures and Uses" Amending Subsection 13-5, Entitled "Destruction, Repair, And/Or Renovation of Nonconforming Buildings and Uses" By Adding Text Corresponding to Change in Distance Separation for Noncontiguous Accessory Parking Lots Within the City and the Miami Beach Architectural District; Providing for Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date. RECOMMENDATION The administration recommends that the City Commission, upon holding a public hearing, adopt, on second reading the proposed ordinance as amended on first reading with one exception: require new stand alone residential construction within the historic districts to provide at least one parking space/unit on-site or off-site within 1,200 feet of the site. BACKGROUND The main concepts contained in the amending ordinance were initially developed by the Design Guidelines and Development Regulations Committee (also known as the Development Regulations Working Group) with assistance from the Planning, Design & Historic Preservation Division staff. The amending ordinance, in concept, was further reviewed by the Planning Board at a workshop session on November 12, 1997. The Planning Board unanimously recommended approval (by a vote of 6-0, 1 vacancy) of the ordinance on December 16, 1997, with three additional changes: 1. Allow valet parking lots, which provide required parking, to be located within 1,200 feet of the use requiring such parking, on a city-wide basis. 2. Expand the provision to allow for payment of a Parking Impact Fee for all types of new construction (additions or free-standing structures) of 1,000 square feet, or less.. 3. Allow for construction on lots of 21 ,000 square feet, or less, within the Architectural District and the Ocean Beach Historic District to satisfy required parking by full payment of a Parking Impact Fee. When the Commission considered the Ordinance the following day on fIrst reading, it approved the language as recommended by the Planning Board, but extended further the exemption proposed, under No.3 above, by allowing all new construction in all Historic districts within the city to satisfy parking requirements by payment of a Parking Impact Fee. At the conclusion of first reading, the City Commission asked that there be a workshop session held on January 12, 1998, to review this matter further; although the Commission held the workshop, the focus of the discussion centered on the other amendments to the Zoning Ordinance regarding design bonuses and design review criteria scheduled for second reading public hearing today and not the parking regulations. No discussion took place by the Commission on the proposed amendments to the parking provisions of the Code. One of the main issues of the proposed ordinance deals with the Parking Impact Fee program (PIF). The PIF began as a fee in lieu of providing parking spaces as part of the Board of Adjustment 3 of 10 variance procedure. In the early 1980's the Board of Adjustment, as a condition of granting a variance for required parking, began to require applicants to purchase parking decals from the City. This requirement evolved into the payment of a fee equivalent to the purchase of a decal. This requirement became a standard procedure for the granting of parking variances. In 1989, the Zoning Ordinance Review Committee (ZORC), in an effort to simplify the process, created the Parking Impact Fee program and eliminated the variance procedure. The PIF program allows new residential development to waive up to one parking space per two units by participating in the program. New commercial development, including hotels, may waive up to 50% of the required parking by paying the PIF. The City has witnessed tremendous growth during the last few years. The City Commission, the Land Use Subcommittee, the Parking and Transportation Committee and the Design Guidelines and Development Regulations Committee (DGDRC) have all expressed concern regarding the lack of adequate parking facilities and the need to have all new development provide all of its required parking. The DGDRC and the Planning Board have been studying areas of incompatible zoning, parking issues, design bonuses and other land development regulation issues within the Zoning Ordinance and how regulations might be changed to address these issues. Parking regulations is one such area of concern and the underlying precept for the change is simple: all new construction must provide parking. It should be noted that the Transportation and Parking Committee of the City of Miami Beach and the Committee's Subcommittee on Parking Impact Fees reviewed the final recommendations of the DGDRC. On November 10, 1997, the full Committee approved a slate of policy recommendations which have been attached, hereto, for review by the City Commission. ANALYSIS OF THE AMENDING ORDINANCE The following is an analysis of each section of the proposed ordinance, as further amended by the Planning Board and Commission: Section 1. This section of the proposed amendment contains changes which clarify the existing definitions of "Floor Area", "Parking Lot", "Off-Street Parking Space" and "Structure". This section also creates new definitions for the following terms, "Drive", "Parking Aisle", "Parking Garage" and "Tandem Parking Space". These new definitions help clarify these terms as they relate to the design of a parking facility, be it a parking lot or structure. Of special interest is the modification to the definitions of Floor Area; the change modifies the list of areas which are not included in the calculation of the Floor Area Ratio (FAR). Required parking is not included in the FAR of a building. The proposed change would allow residential developments to provide up to two spaces per unit (1.5 spaces per unit is required) without being included in the FAR. It also excludes all of the floor area within parking garages, when the main use on the site, from the FAR calculation. These changes have been created to encourage the creation of extra parking within residential buildings and to facilitate the construction of stand alone commercial and non-commercial parking garages. 4 of 10 Section 2. and 3. These amending sections remove the reference to (and the actual section dealing with) parking garages and parking lots as allowable encroachments. Most of these elements are reinserted, with modifications, into the Parking Section of the Ordinance. Sections 4. This section of the amending ordinance creates parking district No.3 and No.4. Parking District No.3 includes those properties with a Lot Line on Arthur Godfrey Road from the east side of Alton Road to west side of Indian Creek Waterway. Parking District No.4 includes those properties, within the CD-2 and CD-3 commercial districts with a Lot Line on 71st Street from the west side of Collins Avenue to the east side of Rue Notre Dame, and those properties with a Lot Line on Normandy Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre Dame. This provision also clarifies the off street parking exemption for buildings that existed prior to October 1, 1993 , (the date on which this provision became effective), and which are located within the Miami Beach Architectural District. It also expands the exemption to contributing buildings within a Local Historic District or, individually designated Historic Building. Sections 5. This section of the amendments changes the parking requirement for offices located on the ground floor. The current requirement is one space per 400 square feet of floor area. The proposed amendment would increase the requirement to one space per 300 square feet of floor area (the same requirement as retail uses). This change is viewed as necessary as frequently, ground floor office space and retail space interchange during the life of a commercial building. By having the same requirement, it ensures that the appropriate parking is provided at all times. This section also includes parking districts No.3 and No.4 into the same requirements as Parking district No.2. Furthermore it adds a parking requirement for hotels and convention hotels and their related accessory uses. It also modifies the existing parking requirement for theaters in these districts to match the requirements for theaters in the balance of the City. It also adds a provision prohibiting the removal of existing required spaces, with exceptions made for purposes of meeting ADA requirements and accommodating trash dumpster requirements. Sections 6. This section of the proposed ordinance deals with off-site parking facilities. Currently, the ordinance allows parking, which is not located on the same lot as the main use, to be a maximum of 1,200 feet from the main use. The proposal would require that an off-site self-park facility be within 500 feet of the main use (roughly one block away) which will be more convenient to use and, importantly, generally visible from the main use site; valet parking lots can be located up to 1,200 feet of the main use. However, in the Architectural District the distance requirement would remain at 1,200 feet given the inherent restriction on finding an appropriate site which is either vacant or has a non- contributing structure which could be demolished. 5 of 10 Sections 7. This section of the amendments clarifies parking space dimensions. This section also includes the regulations for commercial and non-commercial parking garage and lots. The districts where stand alone parking structures are permitted are specified, as well as requirements for creating residential or commercial space along the street frontage of the parking structure. Regulations specifying heights and setbacks are also included. Importantly, the provision which states that these structures are limited by the required setbacks and heights described within this subsection and are not subject to the Floor Area Ratios prescribed for in the underlying zoning district. In other words, the building envelope described by the setbacks and height, 50 feet in most cases, dictates the size of the parking structure and not the floor area ratio of the underlying zoning district. This provision should encourage private development of stand alone parking garages and facilitate the construction of accessory off-site parking facilities for residential developments. The temporary parking lot standards are also modified to allow such lots in any commercial district. The provisional parking lots standards are proposed to be amended to include the C-PS1, C-PS2 and the R-PSl trough 3 Districts as areas were provisional lots are permitted. Also a stipulation to the provisional lot standards has been added that requires the applicant for a provisional lot must provide a written statement from the property owner acknowledging that the owner is fully and solely responsible for eliminating any contamination resulting from lack of a drainage system on the unpaved lot and indemnifying and holding the City harmless from loss or damage arising from any contamination on the lot. Section 8. This section states that a Parking Impact Fee may be paid to the City of Miami Beach in lieu of providing required parking on-site or off-site (as prescribed), only in the following instances: 1. When an alteration or rehabilitation within an existing Structure results in an increased parking requirement. 2. Any new construction of 1,000 square feet or less, or additions of 1,000 square feet or less to existing buildings whether attached or detached from the main Structure may fully satisfy the parking requirement by participation in the Parking Impact Fee Program. 3. All new construction and additions within the City's historic districts. 4. The creation or expansion of an Outdoor Cafe. Importantly, this section effectively eliminates the ability for new construction to participate in the Parking Impact Fee program outside of the historic districts except for new construction of up to 1,000 square feet in size. This exempted new construction allowed to participate in the PIF will pay $15,000 per space, as opposed to the $10,000 per space currently required. Also, the sliding scale which reduced the payment by as much as 50% has been eliminated. The yearly payment has changed from 6% of $1 0,000 (usually adjusted to $5,000 by the sliding scale or $300) to 4% of a flat $15,000 or $600 per space per year. This effectively doubles the payment required for those businesses currently participating in the PIF program. 6 of 10 Section 9. This section of the proposed ordinance addresses surplus parking spaces. These are space in excess of the required amount which may be leased to another use for purposes of satisfying the parking requirement for that use. The amendments would required that such spaces shall be within 500 ft. of the Development leasing such spaces (1,200 feet if a valet parking facility) or within 1200 ft. of the Development leasing such spaces in the City of Miami Beach Architectural District. Section 10. This section contains the amendments that deal with valet and tandem parking. It specifies that developments which provide their required parking as valet spaces must provide the City with a restrictive covenant stipulating that a valet service or operator must be provided for such parking for so long as the use continues. The amendment also provides for parking space dimension and stacking limits of two vehicles (the current ordinance allows stacking of up to four vehicles). Regulations for tandem spaces are also provided. These are stacked vehicles reserved for the exclusive use a single unit. These spaces follow the same dimension requirements as valet spaces and a restrictive covenant limiting the use of each pair of tandem parking spaces to the same unit owner is required. Section 11. This section of the amendments clarifies some of the landscape requirements for parking lots. Section 12. This section of the proposed ordinance amends the non conforming buildings provision of the Zoning Ordinance. Basically it would allow a building not to lose its nonconforming parking status when such a building is damaged, repaired or rehabilitated by more than fifty (50%) percent of the value determination of the building. This would eliminate the penalty many buildings face when they exceed the value determination due to renovations and rehabilitation. The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a severability clause and an effective date. In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning Board is to consider 13 relevant review criteria, when applicable for such changes. Since the amending ordinance would only change the text of the Zoning Ordinance and would not constitute a use change or a change in zoning district boundaries or classification, many of the review criteria have been determined not to be applicable to this amendment request. 7 of 10 The following is an analysis of each review criteria: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; Consistent - The amendment would foster the goals to develop the City in an appropriate manner. Importantly. policy 3.2 of the Traffic Circulation Element of the Comprehensive Plan states that the City shall enforce new parking requirements in the Zoning Ordinance to result in a better ratio of supply and demand. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; Consistent - The amendment would not change the underlying zoning district for any areas within the City. The intent of the amendment is to ensure that a better ratio of supply and demand for parking is achieved throughout the City. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the City; Partially Consistent - The proposed amendment is in scale with the perceived and actual need for providing adequate parking for all uses, citywide; however, the Administration believes that new stand alone residential construction in the historic districts should be required to provide at least one parking space per unit on-site or off-site. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Partially Consistent - By requiring that new construction outside of the historic districts provide all of its required parking as well facilitating the construction of additional parking without an FAR penalty and the encouraging the construction of parking facilities, the load on existing municipal parking facilities should be decreased. Again, as in criteria No.3 above, some parking should be provided for new residential construction in the historic districts. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Not Applicable 8 of 10 6. Whether changed or changing conditions make the passage of the proposed change necessary; Consistent - The under developed areas of the City are going through rapid changes, brought about by private sector rehab and new construction. Presently, these new developments often opt to participate in the PIF instead of providing all of the required spaces. The demand for parking is beginning to exceed the supply available and the PIF has not proven to be an effective tool in providing adequate new parking to meet this shortfall. These changing conditions necessitate that regulations which encourage developments to provided all of the parking as required by the ordinance be put in place. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Consistent - The proposed changes will not negatively effect living conditions or the quality oflife for surrounding properties. The amending ordinance will foster more off-street parking spaces being provided, thus making available more on-street spaces for the surrounding areas. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety; Consistent - The LOS will not be affected by the proposed changes. In fact, many developments in the past have been able to increase the density of the project by participating in the PIF. For example, a residential development that can accommodate a maximum of 99 parking spaces would normally be limited to a total of 66 writs. However, if that same development participates in the PIF program up to 99 writs could be provided on site without any additional parking being provided. This translates to approximately 33 vehicles added to the traffic congestion of the area attempting to park in the limited number of on-street spaces. 9. Whether the proposed change will seriously reduce light and air to adjacent properties; Not Applicable 10. Whether the proposed change will adversely affect property values in the adjacent area; Consistent - Staff is of the opinion that property values, in the adjacent areas would not be negatively affected by the proposed amendment. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; 9 of 10 Consistent - The proposed amendment will allow for buildings to be built under existing regulations, without any loss in capacity to achieve maximum Floor Area Ratio. Furthermore additional spaces, beyond the required, may be provided without an FAR penalty. These extra spaces may become a marketing asset of the development. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Not Applicable 13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use; Not Applicable The Administration has analyzed the proposed amending ordinance and believes it will do much to improve the City's parking regulations. However, we have a concern with the additional blanket provision to allow a Parking Impact Fee to be paid for all new construction within the City's historic districts in that this proposal provides for an exemption which exceeds what is required today. More specifically, the Zoning Ordinance, as presently written, requires that free-standing new residential construction in the historic districts provide at least one parking space per unit, either on-site or off- site within 1,200 feet. While it is appropriate to allow for a Parking Impact Fee payment for most uses in the City's Historic districts, we believe that it is in the interest of the City and prospective residents of newly constructed residential units in these districts to have a least one parking space for each residential unit provided. CONCLUSION The Administration has concluded that the City Commission adopt, on second reading the amending ordinance, with the proviso that it be further amended to re-instate the requirement that new residential construction in the City's historic districts be required to provide at least one parking space per unit, either on-site or off-site. SR/~~JGG/cat F:IPLAN\SALL\CC _MEMOSIPBPKGREClREV2 10 of 10 CITY OF MIAiW:I BEA cn PARKING DEPARTJHENT MEJ\;fORANDUilJ DATE: December 4, 1997 ro TO: Sergio Rodriguez, Deputy City Manager Dean Grandin, Deputy Director DDHPS - FROM: Jacqueline Gonzalez, Acting Parking City of Miami Beach Transportation SUBJECT: Recommendations for Policy Parking Impact Fee Program The Transportation and Parking Committee of the City of Miami Beach respectfully submits the following proposed changes to the City's Parking Impact Fee Ordinance. The recommendations were developed by the Committee's Subcommittee on Parking Impact Fees. The Subcommittee met twice this month to discuss and make recommendations of revisions to the existing Parking Impact Fee Program. At a roundtable meeting held Monday, November 3, 1997, the subcommittee reviewed the recommendations of the Design Guidelines and Development Regulations Committee that the Planning Board will consider at their next meeting. The following slate of of policy recommendations were approved by the full Committee on Monday, November 10, 1997. The subcommittee recommends the following ten policy changes: 1. The existing Parking Impact Fee accounts shall be consolidated into three accounts: South Beach (from Dade Boulevard/23rd Street south to Government Cut); Middle Beach (from 23rd Street north to 63rd Street); and North Beach (from 63rd Street north to the City line). * (Consolidated area funds shall be spent in the above designated areas). 2. Amend the DGDRC recommendation re: Commercial Parking Garages to read, U In the CD-1 ,2,3 MXE, and GU adjacent to commercial districts, the commercial garage first floor frontage must consist of habitable commercial space or residential, along any public right of way, excluding frontage for entrance and exit drives" 3. Emphasize that we shall pay special attention to the environs (compatibility) in which the commercial garage is being developed. especially in cases of waterfront and historic district development. 4. All new construction must be required to provide parking for the new development. This shall also include the Historic District. CITY OF MIA)}!I BEACH PARKING DEPARTilfENT MEMORANDU,.,/ 5. Required parking shall be provided within 500 feet of new multi-family residential/apartment developments: and within 1.000 feet of all other developments. including hotels. This shall also include the Historic Districts. ** Please note: It is the Committee's understanding that there is no change to the existing 50% requirement. 6. A one-time Parking Impact Fee must be paid for all hotel additions of 2,000 square feet or less. 7. The Parking Impact Fee shall be $15.000 per space. This flat fee shall be subject to annual review, and may be adjusted accordingly. 8. Valet parking may provide no more than 50% of the required parking for multi-family residential buildings. 9. Change of uses shall be subiect to a flat fee of $1.000 per year. per required parking space. payable upon issuance of the Occupational License. This shall also include the Historic District(s). 10. Shared parking arrangements will be reviewed semiannually to assure that the shared parking arrangements continue to provide an adequate supply of parking for all uses tied to the agreement. JG:lrv A:IMEMOS\PIFSUBC.114