HomeMy WebLinkAbout2005-3474 Ordinance
ORDINANCE NO. 2005-3474
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 130 "OFF-
STREET PARKING," ARTICLE III, "DESIGN
STANDARDS," BY AMENDING SECTION 130-70
"TEMPORARY PARKING LOT STANDARDS;" AND
SECTION 130-71 "PROVISIONAL PARKING LOT
STANDARDS" BY CLARIFYING EXISTING
REGULATIONS, PROHIBITING PROVISIONAL LOTS IN
THE R-PS1 THROUGH 3 RESIDENTIAL
PERFORMANCE STANDARDS ZONING DISTRICTS,
AND MODIFYING LANDSCAPING STANDARDS;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, temporary parking lots may be operated in all commercial and multi-
family zoning districts, and can potentially operate for ten (10) years, after which time
they must convert to permanent parking lots or the use shall be abandoned; and
WHEREAS, provisional commercial or noncommercial parking lots may be
operated in the CD1-3 (commercial, low to high intensity) districts, CPS-1 and 2
(commercial performance standards districts), R-PS1 through 3 (residential performance
standards districts), 1-1 (light industrial) district, and MXE (mixed use entertainment)
district independent of a primary use; and
WHEREAS, because provisional parking are not be permitted to exist for a
potential period of time greater than eighteen months, there are minimal landscaping
standards required and not sufficient for compatibility with residential districts; and
WHEREAS, the landscaping standards for both temporary and provisional
parking lots that currently exist do not enhance the physical environment of the
surrounding neighborhoods, and
WHEREAS, it is the desire of the Planning Board as the Land Planning Agency
for the City of Miami Beach to upgrade the existing landscaping standards to improve
the visual and aesthetic standards throughout the City; and
WHEREAS, it is in the best interest of the City, its residents and visitors to
improve the quality of life by displaying the exuberance of the tropical environment of the
City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Section 130-70 "Temporary parking lot standards." is hereby amended
as follows:
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When permitted, the following standards are established for temporary parking lots:
(1) Temporary commercial or noncommercial parking lots may be operated in the
MR marine district, GU government use district, MXE Mixed Use Entertainment
District or in any commercial district. These lots may be operated independent of
a primary use. Temporary, noncommercial lots may be located in the R-PS1--4
and in any multifamily residential district or within the architectural district as
defined in section 114-1. One sign per street frontage is permitted. The
maximum size of each sign shall be five square feet per 50 feet of street
frontage. This sign shall also include copy that indicates the name of the
operator, the phone number of operator to report complaints, and who can use
the parking facility; Le., whether it is open to the general public, private, valet or
self-parking.
(2) Parking lots shall be brought to grade with no less than one inch of asphalt over
a four-inch limerock base; however, the public works director may require a six-
inch Iimerock 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. Prier to tRB ise:uaRsB of an
essuIJatieRallicoRsB fer a tem~erary ~aFkin!iJ let, the a~~lisant sRall sUBmit a
maiRtenaRse am:! wateriR!iJ plaR WRiGh is apIJrovBEl ey the ~lannin!iJ, Elosi!iJn and
historis ~resorvatieR Elivision. Surface stormwater shall not drain to adiacent
propertv or a public riqht-of-way. If the public works director determines that there
is insufficient area to accommodate drainaqe. additional measures may be
required to adequately drain stormwater runoff.
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(7) Prior ta tAB issuaRsa of an occl::l~ationalliseRse, a ce\<enant rl::lRniRg '....itR tRB land
which lists tRe applicable reElUiremBRts of this seetieR shall Be recarElBEl in the
pUBlic records of tRe county.
(~I) Temporary parking lots shall not be permitted to exist for a period of time greater
than three years from the date of certificate of occupancy or occupational license,
whichever occurs first, regardless of ownership. At the end of this period, or such
extensions that may be granted as contemplated herein, if the lot continues to be
used for the purposes of parking, a permanent lot shall be constructed in
conformity with these land development regulations; however, prior to expiration~
an applicant may request from the planning board one initial extension of time for
a period not exceeding two years. In granting the initial extension of time, or
considering an appeal from the planning director's decision regarding an
extension of time (as provided below), the board shall consider, among other
things, whether the applicant has complied with all of the applicable requirements
of these land development regulations, and any conditions imposed by the
planning board, if any, during its period of operation, as well as any landscaping
on the property that may not be in compliance with the requirements listed below.
The notice of public hearing requirements shall be as set forth in chapter 118,
article IV.
After the initial extension of time, and prior to expiration, the applicant may
request from the planning director not more than five extensions of time for
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periods not to exceed one year each. In considering a request for an extension of
time, the director shall consider the same criteria considered by the planning
board as specified above. After the initial extension of time, and prior to
expiration, the applicant may request from the planning director not more than
five extensions of time for periods not to exceed one year each. In considering a
request for an extension of time, the director shall consider the same criteria
considered by the planning board as specified above. Except that in the MXE
District, for approved temporary parking lots existing as of September 28, 2004,
that face Collins Avenue, an applicant may request from the planning board, a
further extension of time for a period not to exceed two years. After this two-year
extension, no more than three one-year extensions may be requested from the
planning director. The review by the planning board shall consider the extent to
which the existing or proposed landscaping on the property satisfies the
landscaping review criteria. If existing or proposed landscaping is below the
specified criteria, the planning board may determine whether such landscaping is
sufficient based upon the characteristics of the property.
The decision of the director with respect to an extension of time may be appealed
by the applicant to the planning board. The appeal shall be in writing and shall be
submitted to the planning director on or before the 20th day after the date of the
decision of the planning director. Review of the decision of the planning board
shall be to a court of competent jurisdiction by petition for writ of certiorari.
lID Landscaping requirements:
Landscaping requirements:
A landscape plan that specifies and quantifies the existing and/or proposed plant
material inclusive of mature shade trees, hedge material, ground cover and in-
ground irrigation shall be submitted for review and approval by the planning
department, according to the following criteria.
a. At a minimum, the plan shall indicate a five-foot wide, landscaped area
bordering the surface area along a property line, street, alley or sidewalk.
The areas fronting a street or alley shall be landscaped with a grouping of
three palms every 15 linear feet of frontage or one canopy tree every 20
feet of frontage. All landscaped areas shall utilize St. Augustine Grass or
planted material acceptable to the planning department.
b. A hedge that is at least 36 inches in height at the time of planting shall be
installed on the entire perimeter of the lot; hedges on street or alley
frontages shall not exceed 42 inches in height at maturity. The hedge
material planted on any side of the lot that abuts the lot line of another
property shall be at least 48 inches (4 feet) in height at time of planting
and shall not exceed 60 inches (5 feet) at maturity.
c. For temporary parking lots seeking an extension of time from the planning
board, the interior landscaping of lots exceeding 55 feet in width, shall be
a minimum of five percent of net interior area. One shade tree or grouping
of three palms with a clear trunk of at least six feet shall be provided for
each 100 square feet or fraction thereof of required landscaped area.
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Such landscaped areas shall be located and designed in such a manner
as to divide and break up the expanse of paving. Parking lots that are 55
feet wide or less shall not be required to provide interior landscaping.
d. Landscaped areas shall require protection from vehicular encroachment.
Car stops shall be placed at least 2 Y2 feet from the edge of the paved
area.
e. Notwithstanding the dimensions of a parking lot, an in-ground irrigation
system that covers 100 percent of the landscaped areas shall be required
and shown on the landscape plan.
f. All landscaping that is placed on the lot shall be maintained in good
condition so as to present a healthy, neat and orderly appearance. Prior
to the issuance of an occupational license for a temporary parking lot, the
applicant shall submit a plan for a recurring maintenance schedule that
includes, but is not limited to, cleaning the lot, clipping of hedge material,
removing and replacement of dead plant material, fertilization and
irrigation. This maintenance plan shall be approved by the planning
department.
(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 sections 130-61 and 130-64. 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 feet
away from each other.
(10) There shall bo a five fuot wiae, lanasGal'led ar-ea oorderin€l the surfaced area
along a prol'lerty line, streot alley or siae'Nalk. The front aRa rear areas shall be
laRaseaf)ea with canol'lY trees (minimum of two trees f)er 130 feet ef stroet and
alley fr-oRta€le). /\lIlanascapee areas shall utiliz.o at. /\l,l€ll,lstine Grass er f)laRtoa
material asseptable to tAe f)laRRiR€l, aesign aRa !:listoric l'lr9servatieR divisiOR. ,A. 2
1/2 foot !:li€l!:l hea€le shall be I'llacea aleng the siae aRa rear prof)erty liRes.
(11) ~lo iRterior land&caping is FeEll,lirea; !:lowe'ler, alllaRasoaping that is f)lasea on the
let shall Be maiRtained in gooa seRaitieR so as to f)resent a healthy, Reat and
orderly af)f)eaFaRee.
(12) 'flater for irrigatioR shall Be available within 130 fset of allland&cal'led areas. ,,\
hose oib or an in €lrOl,lRa systom is acceptable.
(~ 10)Prior to the issuance of a building permit, the planning, dssign ana historic
preservation division department shall approve the site plaR and landscaping
plans. Prior to the issuance of an occupational license, the divisien department
shall approve the placement, Quality and size of landscaping material.
t441 Surface &termwater shall not arain to adjaceRt f)rel'lerty or a puelie right of way. If
the public v.'orks dir-ecter e1etermines that ther-e is iRSl,lffisient area te
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aeeeFl'lR'lesate sFainalile, he may feEll:lir-e tl=lat for every 1,090 sEll:lar-e feet of
sw'face ~arkin€l area, tl=lefe sl=lall ee tiNe 21 ineh siametar r-el:lnd al:l€lar holes
arilled te a sa~th of W,lO feet selew €lfOl:lAS '.vatar ans Riles with rel:l€ll=l, 'IIasl=lin€l,
eallast reek, SrOl:l€lRt te within six ineRos of an al:lger Rela inlet oasting.
(~l1)Any temporary parking lot that is nonconforming to these regulations six months
after the effective date of these land development regulations or upon the
expiration date of an existing occupational license, whichever is later, shall cease
to exist.
Section 2. That Section 130-71, "Provisional Parking Lot Standards," is hereby
amended as follows:
When permitted, the following standards are established for provisional parking lots:
(1) Provisional commercial or noncommercial parking lots may be operated in the
CD1-3 (commercial, low to high intensity) districts, CPS-1 and 2 (commercial
performance standards districts), RPS 1 tRfol:lgh J (fOsisontial j:)er:feFFl'lance
stomloras sistriets), 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 square feet per 50 feet of street frontage, not to exceed 20 square
feet. This sian shall also include copy that indicates the name of the operator,
the phone number of operator to report complaints, the phone number for Code
Compliance. and who can use the parkina facility: Le.. whether it is open to the
aeneral public. private, valet or self-parkina.
(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; such plan shall be approved by the planning, design ami historic
weservatien sivisieA department and monitored for compliance. Surface
stormwater drainaae shall be approved bv the public works department.
(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 102-383 upon 48-hour
written notification to the applicant.
(4) Use of provisional parking lots shall not be for parking which is required by these
land development regulations.
(5) Provisional parking lots shall not be permitted to exist for a period of time greater
than one year from the date of certifisate ef seFl'lj:)letion, certificate of occupancy,
or occupational license issuance. fwhichever occurs first1. 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 these land development regulations; however, an applicant may
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request one extension of time for a period not exceeding six months from the
planning ana zoning director. Any further extension of time i& shall be prohibited.
@} Landscapina reauirements:
a. A landscape plan that specifies and auantifies the proposed and/or
existina plant material inclusive of mature shade trees, hedae material
and around cover shall be submitted for review and approval bv the
plannina department.
At a minimum, the plan shall indicate a two feet six inches (2Y2 feet) wide.
landscaped area borderina the surfaced area alona all property lines. All
landscaped areas shall utilize 8t. Auaustine Grass or planted material
acceptable to the plannina department. A hedae that is at least 36 inches
in heiaht at the time of plantina shall be installed on the entire perimeter
of the lot: the side or sides of the lot that face a street or an allev shall not
exceed 42 inches in heiaht at maturity. The hedae material planted on
anv side of the lot that abuts the lot line of another property shall be at
least 48 inches (4 feet) in heiaht at time of plantina and 60 inches (5 feet)
at maturity.
~ The areas frontina a riaht-of-way or an alley shall be landscaped with a
aroupina of three palms every 20 linear feet of frontaae or one canopy
tree every 25 feet of frontaae.
c. An in-around irriaation system that covers 100 percent of the landscaped
areas shall be reauired.
sL. Alllandscapina that is placed on the lot shall be maintained in aood
condition so as to present a healthy, neat and orderly appearance. Prior
to the issuance of an occupational license for a provisional parkina lot. the
applicant shall submit a plan for a recurrina maintenance schedule that
includes, but is not limited to cleanina the lot. clippina of hedae material.
removina and replacement of dead plant material. fertilization and
irriaation. This maintenance plan shall be approved by the plannina
department.
ill All lots considered under this article shall be reviewed pursuant to the desian
review process.
(e !!) If the lot is not operated on a valet basis, tAeR 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 sections 130-61 through 130-64. 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 feet away from each other.
(7) Ther.e sRall Be a WIO feet six Inshes wido, lands()(l~ed aFea Ber.eerinQ the
surfased aFEla along aIlI'lFEll'le~' liRes. .^.lIlands()(l~ed areas shalll,ltilii!:B St.
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AI:l€!l:lstino Grass sr plaRtoa material asseptaels tG the plaFlRing, aesi€!R aRa
Ristoris prosorvatien ai':ision. ^ 2 1/2 feet higR Rea€!O shall ee placoa aleR€! all
property lines fasiRg a street. Water for irri€!atieR shall ee available 'NitRiR 59 foet
of alllanassapea areas. P. hoso bib or aR in gFOl:lna system is aQseptaelo.
(3 ~) Prior to the issuance of a building permit, the planning, aesi€!n anG historiQ
proservatioR ai':isien deoartment shall approve the site plaA and landscaping
olans. Prior to the issuance of an occupational license, the division shall approve
the placement of landscaping.
(9) Surface stermwator araina€!o sRall bo appr:evoa by the pl:lelic works airestor.
(10) 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
holding the city harmless from loss or damage arising from any contamination on
the lot, in a form approved by the city attorney's office.
(11) No variances shall be granted from the requirements of this section.
(12) At the time the provisional parking lot ceases to exist, all crushed rock material
shall be removed within 30 days and replaced with sod andlor landscaping as
determined acceptable by the planning, design and historic preservation division.
This provision shall not apply to existing lots where crushed rock was legally in
place at the time of the passage of these land development regulations.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
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 Code of the City of
Miami Beach 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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days folio
PASSED and ADOPTED this 2nd day of
:J1Lu rJak~
CITY CLERK
Ordinance No. 2005-3474
First Reading:
Second Reading:
Verified by:
Underscore enotes new language
Strikethl'Ololgh denotes deleted language
,2005.
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
14~ J.'{-05
~ City Attorney Date
F:\PLANI$PLBldraft ordinances\200411695 - Parking lot landscp ord3.doc
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An ordinance amending the Temporary and Provisional Parking Lot Standards and prohibiting provisional
parking lots in the RPS districts; clarifying sign regulations for Temporary and Provisional Parking lots and
modif in the landsca e standards for Tem ora and Provisional Parkin lots.
Issue:
Should the regulations for the Temporary and Provisional Parking Lot Standards be amended to increase
landscaping standards; prohibit provisional parking lots in the RPS districts; and clarify sign regulations for
Temporary and Provisional Lots?
Item Summa IRecommendation:
The Administration recommends that the City Commission adopt the proposed ordinance.
Advisory Board Recommendation:
At the October 26,2004 meeting of the Planning Board, by a vote of 6-0 (one member absent) the Board
recommended approval of the proposed ordinance to the City Commission.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Depl. Total
Ci Clerk's Office Le islative Trackin
Mercy lamazares/Jorge Gomez
Si
sistant City Manager
City Manager
AGENDA ITEM R SA
DATE Z-J,.-oS-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfi.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \.~
City Manager 0 ,,- 0
Date: February 2, 2005
To:
Second Readina Public Hearina
Subject:
Temporary and Provisional Parking Lots Standards
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 130 "OFF-STREET PARKING," ARTICLE III,
"DESIGN STANDARDS," BY AMENDING SECTION 130-70 "TEMPORARY
PARKING LOT STANDARDS;" AND SECTION 130-71 "PROVISIONAL PARKING
LOT STANDARDS" BY CLARIFYING EXISTING REGULATIONS, PROHIBITING
PROVISIONAL LOTS IN THE R-PS1 THROUGH 3 RESIDENTIAL
PERFORMANCE STANDARDS ZONING DISTRICTS, AND MODIFYING
LANDSCAPING STANDARDS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed amendment.
BACKGROUND
At the August 24, 2004, the Planning Board requested a review of the regulations in the City Code
pertaining to the Provisional and Temporary Parking lot standards, and to bring forth an amendment
that would do the following:
. Upgrade the standards of the required landscaping for both the temporary and provisional
parking lots.
. Create requirements for copy to be included in permitted signs that would identify the
operator, phone numbers of contact for problems or complaints, the type of use and fees.
. Standardize the conditions of approval.
. Prohibit provisional lots in the RPS districts.
Currently the City Code permits Temporary commercial or noncommercial parking lots in the MR
Marine Recreational District, GU Government Use District, MXE Mixed Use Entertainment District or
in any commercial district. Temporary, noncommercial lots may be located in the R-PS 1--4 and in
any multifamily residential district or within the architectural district as defined in Section 114-1. A
noncommercial lot is one where parking is initially approved for a specific use and not offered to the
general public.
Temporary parking lots can exist for three years and a request can be made for one initial extension
of time for a two-year period, which would be granted by the Planning Board. After the initial
extension of time, the planning director may grant up to five one-year extensions of time.
Commission Memorandum
February 2, 2005
Temporary and Provisional Parking Lot Standards
Page 2
Provisional commercial or noncommercial parking lots may be operated in the CD1-3 (commercial,
low to high intensity) districts, CPS-1 and 2 (commercial performance standards districts), RPS-1
through 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.
Provisional parking lots are not permitted to exist for a period of time greater than one year;
however, a request for one extension of time for a period not exceeding six months may be
requested from the planning director. Any further extension of time is prohibited.
ANALYSIS
For some time the Planning Board, as well as Planning Department staff, have been concerned
about parking lots throughout the City, how they look, how they are maintained and the standards
that currently exist in the City Code. In recent applications for extensions of time for existing
temporary parking lots, the Planning Board has expressed these concerns and has requested an
amendment to the City Code that upgrades the existing standards and addresses all these
concerns.
At the September 2004 meeting of the Planning Board, an application for an amendment to the
Code relative to temporary parking lots in the MXE district was reviewed. Planning Department staff
recommended approval of the amendment suggesting some modifications to the request -
improvements to the landscaping standards among others. The Board recommended that the City
Commission approve the request incorporating staff suggestions. This proposed amendment was
adopted by the City Commission at its December 8, 2004 meeting.
As a segue to the ordinance mentioned above, revisions to Sections 130-70 and 130-71 ofthe Code
are being proposed pertaining to Temporary and Provisional Parking Lots. The amendment to the
Temporary Parking Lot Standards for those lots existing in the MXE also included a provision for the
extension of the potential life-span from 10 years to an additional five years for a total of 15 years,
with interim reviews by the Planning Board; this provision is not proposed for temporary parking lots
in other zoning districts, as temporary parking lots in other districts may be converted to permanent
parking lot standards, subject to the provisions of the City Code.
The proposed ordinance reorganizes sections of the Code for better understanding and sequencing;
amends the provisional lot standards by upgrading the required landscaping; amends signage
requirements to include the name of the operator, phone number where the operator can be
contacted for information and complaints, and who can use the parking lot; and it eliminates the
RPS districts (the residential districts located south of 6th Street) as locations for provisional parking
lots.
It should be noted that provisional parking lots are not permitted in any RS, Single Family, or RM,
multifamily zoning districts. The elimination of provisional parking lots in the RPS districts was
discussed at length during several Planning Board meetings. During these discussions, Board
members articulated concerns relative to the adverse impact these types of parking lots may have in
a redevelopment area that has increased in stature with new developments or increased renovation
of existing structures. Board members believe that the lower standards of the provisional parking lot
(crushed rock surface) are not longer compatible with the residential character of the area and that it
would be best to prohibit them. Provisional parking lots are still permitted in the C-PS1 and 2
(Commercial Performance Standards Districts), CD-1 through 3 (Commercial, Low to High Intensity),
1-1 (Light Industrial) and MXE (Mixed Use Entertainment).
Commission Memorandum
February 2, 2005
Temporary and Provisional Parking Lot Standards
Page 3
PLANNING BOARD ACTION
At the October 26,2004 meeting of the Planning Board, by a vote of 6-0 (one member absent), the
Board recommended approval of the proposed ordinance to the City Commission.
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment.
CITY COMMISSION ACTION
At the January 12, 2005 meeting, by a vote of 7-0, the Commission approved the proposed
ordinance and set a second reading public hearing for the February 2, 2005 meeting.
CONCLUSION
Because of all the concerns enumerated above, the Administration concurs with the Planning Board
recommendation and supports the proposed amendment. It is therefore recommended that the
proposed ordinance be adopted.
Pursuant to Section 118-164(2), when a request to amend the Land Development Regulations
changes the actual list of permitted, conditional or prohibited uses in a zoning category, the City
Commission shall hold two advertised public hearings on the proposed ordinance; at least one
hearing shall be held after 5:00 p.m. The first public hearing shall be held at least seven days after
the day that the first advertising is published. The second public hearing shall be advertised at least
five days prior to the public hearing.
Immediately following the public hearing at the second reading public hearing, the City Commission
may adopt the ordinance by an affirmative vote of five-sevenths of all members of the City
Commission.
JMG/CMC/JGG/ML
T:\AGENDAI2005\Feb0205\Regular\1695 - temp & prov prkg lots memo.doc
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City
Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor,
City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
February 2, 2005, at the times listed below to consider the following: .
at 1 0:15 a.m.:
Ail Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter
130 "Off-Street Parking," Article III, "Design Standards," By Amending Section 130-70
"Temporary Parking Lot Standards;" And Section 130-71 "Provisional Parking Lot
Standards"By Ciarifying Existing Regulations, Prohibiting Provisional Lots In The R-PSl
Through 3 Residential Performance Standards Zoning Oistricts, And Modifying
Landscaping Standards; Providing For Repealer, Severability, Codification And An
Effective Date.
Inquiries may be directed to the Pianning Department at {3051673-7550.
at 5:15 p.m,:
An Ordinance Of The Meyor And City CommissIOn Of The City Of Miami Beach, Flortda,
Amending Section 82, Division 3, Of The City Code Entitled "Newsracks" Amending
Section 82.176 Entitled "Definitions" By Adding And Amending Certain Definitions;
Amending Section 82-201 Entitled "Notice Of Violation Request For Hearing" By
Reducing The Time Required For Notification And Amending The Method Of Nomication;
Amending Section 82-202 Entitled "Removal And Storage Of Newsracks" Reducing The
Time Required For Notification And Time Allowed To Request A Hearing; Amending
Section 82-204 Entitled "Release Of Stored Newsracks, Storage Fee, Inspection Fee" By
Amending The Provisions For Return Of Stored Newsracks, And Amending Storage Fees
And Reinspection Fees; Amending Section 82-205 Entitled "Unclaimed Newsracks" By
Reducing The Storage Time Required Prior To Disposing Of Unclaimed Newsracks:
Amending Section 82-206 Entitled" Abandoned Newsracks"Amending The Criteria For
Abandoned Newsracks And Reducing The Time Required To Remove Abandoned
Newsracks From The Right-Of-Way; Amending Section 82-231 Entitled "Fee Letter 01
Compliance Required"Modifying The Procedures And Fees For Registering Nawsracks;
Amending Section B2-256 Entitied "Maintenance And Installation Standards" By
Amending Restrictions On The Type, Size, And Appearance Of Newsracks And Newsrack
Storage Boxes And Specifications For installing Newsracks On The Right 01 Way;
Amending Section 82-257 Entitled "Placement Of Newsracks" By Amending
Restrictions On The Location 01 Newsracks; P"roviding For Codification; Severability;
Repealing All Ordinance In Conflict Therewith; And Providing For An Effective Date,
Inquiries may be directed to the Public Works at (305)673-7080,
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an
agent, or to express their views in writing addressed to the City Commission, cia the
City Clerk, 1700 Convention Center Orive, 1 st Floor, City Hall, Miami Beach, Florida
33139, This meeting may be opened and continued and, under such circumstances
addition!lllegal notice would not be provided,
Robert E. Parcher,
City Clerk
City of Miami 8each
Pursuant to Section 286.0105, Fla, Stat., the City hereby advises the public that: If a
person decides to appeal any decision made by the City CommissIOn with respect to any
matter considered at its meeting or its hearing, such person must ensure that a
verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based, This notice does not constitute consent
by the City for the introduction or admission of otherwise inadmissible or Irrelevant
evidence, nor does it authorize challenges or appeais n~t otherwise allowed by law,
To request this material in accessible format, sign language interpreters, information on
access for persons with disabilities, andlor any accommodation to review any document
or participate In any city-sponsored proceeding, please contact (305) 604-2489 (voice),
(305) 673-7218(TTY) five days in advance to initiate your request. m users may also
call 711 (Fiorida Relay Service).
(AdlHl297)