HomeMy WebLinkAbout2006-3503 OrdinanceORDINANCE NO. 2006-3503
Revised February 8, 2006
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 118, ARTICLE VIII, "PROCEDURE FOR
VARIANCES AND ADMINISTRATIVE APPEALS," BY CLARIFYING THE
LANGUAGE OF PROHIBITED VARIANCE APPLICATIONS; CHAPTER 130,
"OFF-STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," BY
INCREASING THE OFF-STREET PARKING REQUIREMENT FOR
RESIDENTIAL USES AND SUITES HOTEL UNITS IN ALL DISTRICTS,
CLARIFYING HOW PARKING REQUIREMENTS MAY BE SATISFIED.
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, based upon an on-going analysis of the City's overall parking needs and the
current shortages of residential parking spaces; and
WHEREAS, in order to alleviate these parking shortages for residents and their guests it
is necessary to amend the current parking requirements of the City Code; and
WHEREAS, this proposed amendment to the City Code will increase the residential
parking requirements and include required guest parking; and
WHEREAS, the Planning Board has recommended approval of the proposed
amendment; and
WHEREAS, the proposed amendment is necessary to improve the general health and
welfare of the citizens of the City of Miami Beach.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 118-353(a), "Variance applications" is hereby amended as follows:
(a)
An application for a variance for the following items is prohibited: Floor area ratio,
required parking (except as provided for in these Land Development Regulations), th!s
o,,~,......,I....., ., /..~ requests ""~'-I""'-'- * ...... ,." ..... , ~ ..~ ..+....., ...~.u~.,.. to. I...... than o"c,.
........... ~'~"~'~ unit or a request pertaining to the reduction of an impact fee, or for
· ..,i,,,.~,,., I,.,~, ~1~, ~.,, ,,..,, ,~.
lot area when determining floor area ratios.
SECTION 2. That Section 130-32, "Off-street parking requirements for parking district No. 1," is
hereby amended as follows:
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall
be provided for the building, structure or additional floor area as follows:
(6)
Apartment building and apartment-hotel,-er-i:~t~:
~1 i lll, i
a.
Apartment buildings on lots that are 50 feet in width or less: 1.5 spaces per unit
b,
Apartment buildings on lots wider than 50 feet:
1.5 spaces per unit for units between 550 and 999 square feet;
1.75 spaces per unit for units between 1000 and 1200 square feet;
2.0 spaces per unit for units above 1200 square feet.
Co
Designated Guest parking: Developments of 20 units or less shall have no
designated guest parking requirement. Multi-family buildings and suites-hotels
with more than 20 units shall be required to provide supplemental designated
guest parking equal to ten (10%) percent of the required residential parking
spaces.
(26)
Hotel, suites hotel, motel or motor lodge: 1 space per unit; however, suites hotel units as
defined in section 142-1104 which that are greater than 550 square feet and which that
contain full cooking facilities on lots that are greater than 50 feet in width, shall have a
the same parking requirement,,, ''~ I I/2 .,~,,.,,,..,, ............ ,.,,., ,,,,,,I* as apartment buildings, in (6) b.
and c. above. Required parking for hotel accessory uses shall be as follows:
SECTION 3. That Section 130-33, "Off-street parking requirements for parking districts Nos. 2,
3 and 4," is hereby amended as follows:
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off-street parking
spaces shall be provided for the building, structure or additional floor area as follows. There
shall be no off-street parking requirement for uses in this parking district except for those listed
below:
(1)
Apartment building and apartment-hoteh
n~ ~r~l~z~r ~ I~lr~m~
i i~.11 i ll~.~l vi ~V~l VVl i i~1
a_ Apartment buildings on lots that are 50 feet in width or less: 1.5 spaces per unit
b.
Apartment buildings on lots wider than 50 feet:
1.5 spaces per unit for units between 550 and 999 square feet;
1.75 spaces per unit for units between 1000 and 1200 square feet;
2.0 spaces per unit for units above 1200 square feet.
C.
(lA)
Designated Guest parking: Developments of 20 units or less shall have not
designated guest parking requirement. Multi-family buildings and suites-hotels
with more than 20 units shall be required to provide supplemental desiqnated
guest parking equal to ten (10%) percent of the required residential parking
spaces.
Housing for Iow and/or moderate income elderly. For purposes of this regulation,
the following definitions shall apply:
(4)
Hotel, suites hotel, motel or motor lodge: One space per unit; however, suites hotel units
as defined in section 142-1105 which that are greater than 550 square feet and which
that contain full cooking facilities in buildings on lots that are greater than 50 feet in width
shall have a the same parking requirement '''~,.,, I ~,,,../'~ .,~,,.,,,,.., ............ ,.,,., ,..,,,,;* as apartment
buildings in (1) b. and c. above. Required parking for hotel accessory uses shall be as
follows:
SECTION 4. 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 5. 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 6. Applicability.
Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the
enforcement of amendments to the land development regulations, for purposes of this
ordinance, those projects that have made an application to a jurisdictional development board
by February 7, 2006 and have received approval by August 7, 2006, shall be fully vested,
including their rights to any extensions of time that may be needed for obtaining full building
permits based upon the plans originally submitted and approved. Properties that are the subject
of the Settlement Agreement between the City and the Related Entities and Portofino Entities,
approved by the City Commission on July 28, 2004, or properties that are the subject of the
Alternative Portofino DRI Development Order, shall retain the rights vested in such Agreement
or Order.
SECTION 7. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 8th
CITYCLERK Rob'ert'Parcher
day of Fe ,2006.
~ /~v[d Dermer MAYOR
First Reading: October 19, 2005
Second Reading: F. ebruary 8,
Ver,,ie
p~ n n, n~ ~D~e~il'c~'r ~..~
Underscore denotes new language
~,.~u~.,~. ..... ~' denotes deleted language
APPROVED AS TO
FORM AND LANGUAGE
City Attorney Date
F:\PLAN\$PLB\draft ordinances\1717 - residential prkg req\parking ord cc 2-8-06 as adopted.doc
COMMISSION ITEM SUMMARY
Condensed Title:
JAn ordinance that increases the off-street parking requirement for residential uses in all districts.
Key Intended Outcome Supported:
J Increase
satisfaction with neighborhood character; Improve Parking Availability.
Issue:
IWhether the parking requirements for new residential buildings be increased from 1% spaces per unit
and also include a provision for guest parking°
Item Summary/Recommendation'
The proposed ordinance would increase the required parking prospectively for all the new
construction of residential buildings and for suites hotel units when they include full kitchens. The
proposed ordinance also clarifies the language of prohibited variance applications and other minor
technical amendments to Section 130-33, "Off-Street Parking Requirements For Parking Districts
Nos. 2, 3 and 4."
Apartment units. - an incremental scale is being proposed as follows: Units between 550 and 999
square feet - 1.5 spaces per unit; Units between 1000 and 1200 square feet - 1.75 spaces per unit
Units above 1200 square feet- 2 spaces per unit. Guest parking requirement was lowered to 5% of
the required parking instead 10%. Suites hotel units would follow the apartment unit requirements.
Advisory Board Recommendation'
At the August 23, 2005 meeting, the Planning Board recommended approval of the proposed
ordinance by a vote of 6-0. On November 14, 2005, the LUDC reviewed the proposed ordinance and
suggested additional changes such as extending the exceptions of the applicability of the amendment
to the South Pointe DRI Development Agreement; revision of the threshold for guest parking; and
developing a formula for required parking according to unit size.
Financial Information:
Source of ' ::: : ~QU~ :: ~o~nt : :APproved
Funds:
Financial Impact Summary:
The proposed ordinance is not expected to have any fiscal impact.
City Clerk's Office Legislative Tracking:
IMercy Lamazares/Jorge G. Gomez
n-Offs:
req sum 2-8-06.doc
M!AMiBEACH
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~/~,,~ SECOND READING
February 8, 2006 (~ ~ PUBLIC HEARING
OFF-STREET PARKING REQUIREMENT FOR RESIDENTIAL USES
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 118, ARTICLE VIII,
"PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," BY
CLARIFYING THE LANGUAGE OF PROHIBITED VARIANCE
APPLICATIONS; CHAPTER 130, "OFF-STREET PARKING," ARTICLE II,
"DISTRICTS; REQUIREMENTS," BY INCREASING THE OFF-STREET
PARKING REQUIREMENT FOR RESIDENTIAL USES IN ALL DISTRICTS,
AND CLARIFYING HOW PARKING REQUIREMENTS MAY BE SATISFIED.
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
At the April 26, 2005 meeting, after a lengthy discussion about the parking shortage for
residential uses and comparing the regulations of the City of Miami Beach to other similar
jurisdictions, the Planning Board directed staff to prepare an ordinance that increases the
parking requirement for new residential construction to 2 spaces per unit from the existing 1.5
spaces per unit, exempting lots 50 feet in width, and to include designated guest parking. The
Planning Board recommended approval of the proposed ordinance at its August 23, 2005
meeting by a vote of 6-0 and also recommended that the proposed ordinance be modified to
include a clarification that suites hotel should also require 2 spaces per unit when they include
full kitchens.
The City Commission reviewed the proposed amendment at the October 19, 2005 meeting,
approved the ordinance on first reading and referred the item to the Land Use and Development
Committee (LUDC). The Commission requested several changes to be reviewed at the LUDC:
How many parking spaces have been built in relation to the number of spaces in the
new construction.
A deadline and cut.off date for when this ordinance will apply to complete a project not
just that they are in the pipeline, which is necessary for projects that have zoning
progress.
Commission Memorandum
Proposed residential parking requirements
February 8, 2006
Page 2
On November 14, 2005, the LUDC reviewed the proposed ordinance and suggested additional
changes:
Extend the exceptions of the applicability of the proposed ordinance to those projects
that are included in the South Pointe DRI Development Agreement.
· Revise the threshold for guest parking.
· Create a formula for required spaces according to unit size.
ANALYSIS
Based on the recommendation of the LUDC, the proposed amendments to the parking
regulations of the City Code were modified as follows:
Apartment units. - from 2 spaces per unit regardless of the unit size, an incremental
scale is being proposed as follows:
Units between 550 and 999 square feet - 1.5 spaces per unit
Units between 1000 and 1200 square feet - 1.75 spaces per unit
Units above 1200 square feet - 2 spaces per unit
This proposal would exempt those residential developments built on lots that are 50 feet
in width, as the size of the lot already restricts the number of units that can be developed
and any increase in the number of parking spaces may not be feasible.
Although many municipalities throughout the South Florida region base parking requirements on
number of bedrooms, basing the parking requirements on the unit size eliminates the one-size-
fits-all pattern, facilitates the calculations and eliminates the "labeling" of different moms in a unit
in order to meet a lower requirement.
Guest parking is also being proposed and would be in addition to the required parking
spaces. This part of the proposed ordinance was also revised and lowered to 5% of the
required parking instead 10%.
Suites-hotel units. The proposed amendments also change the parking requirement for
suites hotel, which according to Section 142-1105 of the Land Development Regulations
(LDRs) of the City Code is defined as a hotel unit that contains cooking facilities. This
section of the LDRs contains minimum criteria by which a suites hotel can be considered
as such. The suites-hotel units must also conform to the minimum unit size requirement
of the LDRs for residential units. Parking requirement for these units is proposed to be
changed from 1 'space per suite-hotel unit to a minimum of 1.5 spaces, the same as
apartment units and would also be calculated based on the square footage of each unit.
Applicability
Sections 118-168 and 118-169 of the City Code require that amendments to the Land
Development Regulations or Comprehensive Plan, respectively, be enforced against all
applications and/or requests for project approval upon the earlier of the favorable
recommendation by the Planning Board or the applicable effective date of the Land
Commission Memorandum
Proposed residential parking requirements
February 8, 2006
Page 3
Development Regulation amendment. In the event a proposed code amendment renders an
approved project non-conforming, the project is not eligible to receive an extension of time.
Because of the requirements in the City Code sections explained above, the LUDC expressed a
concern about the applicability of the proposed ordinance to those projects that are in transit -
approved, but needing an extension of time from the applicable City board; and for those
projects that are in the process of application such that applicants have been meeting with staff
over a period of time, but have not had a public hearing before the applicable board. The
Committee also expressed a desire to exempt from the proposed ordinance those projects that
are included in the South Pointe DRI Development Agreement.
Technical Amendments
A review of the current parking regulations shows that when the City Code was changed to allow
reduced parking requirements for elderly housing, a scrivener's error occurred. The current
Code read as follows - the shaded portion is the portion that was misplaced:
Sec. 130-33. Off-street parking requirements for parking districts nos. 2, 3 and 4.
Except as otherwise provided in these Land Development Regulations, when any
building or structure is erected or altered in parking districts nos. 2, 3 and 4 accessory
off-street parking spaces shall be provided for the building, structure or additional floor
area as follows. There shall be no off-street parking requirement for uses in this parking
district except for those listed below:
Apartment building and apartment-hotel: 1 1/2 spaces for each unit regardless of
size or number of bedrooms.
Attached are copies of the City Code pages showing how this read originally and how it reads
after the amendment to the elderly parking requirement. It was not the intention of the
amendment to allow the elderly parking requirement to be satisfied by entering into a
development agreement, but rather to be reduced. It is suggested that this clause be eliminated
as it is no longer necessary.
The genesis of the clause in question was researched and the following timeline is included as
further proof of the proper location within the Code. This provision was included in the Code at a
time when incentives were being offered for developments in and around Lincoln Road. As
many may remember, from the 1970s until the mid 1990s, Lincoln Road took a spiraling
downturn. Although it had already been converted to a pedestrian-only street, there were many
factors, including the general economic malaise the entire nation was suffering that prevented
many property owners from attracting merchants or improving the.~roperties. There were also a
large number of parking spaces available in the garages facing 17"' Street (including the double-
deck portion east of Pennsylvania Avenue, demolished in the mid-1990s) and the surface lots
north of Lincoln Road. The idea behind this regulation was to attract residential mixed-uses to
the area. Currently, Lincoln Road is thriving and it is suggested that this kind of incentives are no
longer necessary; therefore, it is recommend that the clause be eliminated.
Commission Memorandum
Proposed residentia/ parking requirements
February 8, 2006
Page 4
1969- Zoning Ordinance No. 289
2 parking districts - one for the entire City except for district No. 2 which generally ran from 44th
Street to 69th Street from Collins to Indian Creek.
Parking requirements for apartment building and apartment-hotel was based on the number of
bedrooms.
1979- Zoning Ordinance No. 1891
2 parking districts - same as 1969.
1983 - Zoning Ordinance 1891
2 parking districts - same as 1969.
1986- Zoning Ordinance No. 1891
By then there were 4 parking districts:
District No. 1 - all the areas not included in No. 2, 3, and 4.
District No. 2 - This generally ran from 44th Street to 69th Street from Collins to Indian Creek.
District No. 3 - Area bounded by the established bulkhead line and the erosion control line
extended to the northern and southern boundary of the City.
District No. 4 - Area commonly known as the Lincoln Road Mall and corresponding to the C-3
Central Business district.
Parking 'requirements in district No. 4 are for apartment buildings and apartment-hotel, ALF,
offices and theaters. Apartment buildings and apartment-hotel requirements are based on the
number of bedrooms. At this time a provision is included that the parking requirement could be
satisfied by entering into a development agreement with the City to provide for the parking in a
municipal parking facility or.through the construction of facilities over City owned properties (air
rights) or by providing for off-site parking facilities within 400 feet from the property and a written
agreement assuring their retention for such purposes.
1989- Zoning Ordinance 89-2665
Two parking districts:
Parking District No. 1 -the area not included in District No. 2.
Parking District No. 2 - Properties with a lot line on Lincoln Road from the west side of
Washington Avenue to the 'east side of Alton Road.
Parking requirements in District No. 2 are for ALF, offices and theaters. Requirements for
apartment buildings and' apartment-hotel are 1~ spaces per unit regardless of the number of
bedrooms, and the parking requirements could be satisfied by entering into a development
agreement with the City to provide for the parking in a municipal parking facility or through the
construction of facilities over City owned properties (air rights) or providing parking off-site within
1200 feet from the property and providing a unity of title executed by the owners and approved
by the City Attorney, recorded in public records as a covenant running with the land.
Commission Memorandum
Proposed residential parking requirements
February 8, 2006
Page 5
1998 -Ordinance No. 98-3108, effective 1-21-98
Parking Districts 3 and 4 are created; district 3 includes properties with a lot line on 41st Street
from the east side of Alton Road to the west side of Indian Creek Waterway. Parking District 4
includes those properties within the CD-2 and CD-3 commercial districts with a lot line on 71 st
Street from the west side of Collins Avenue to the east side of Rue Notre Dame, and 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.
Notwithstanding the creation of two additional districts, the boundaries of Parking District No. 2
remained unchanged, and the provision of allowing the required parking through a development
agreement remained.
It is also recommends that Section 118-353, "Variance applications," be amended to eliminate
the language that refers to parking variances. It is believed that the current language is a
vestige from another era in the history of the City when parking variances could be requested.
Chapter 130, "Off-street Parking," is self-explanatory as to parking requirements for different
uses, contains permitted exceptions and requires the payment of a fee in lieu of providing the
required spaces when permitted. The Administration believes that the proposed amendment is
a prudent one and recommends that this section is deleted as proposed.
PLANNING BOARD ACTION
At the August 23, 2005 meeting, a motion was made and approved by a vote of 6-0
recommending that the City Commission adopt the Ordinance. The Planning Board also
recommended that the Proposed ordinance be modified to include a clarification that suites
hotels should also require 2 spaces per unit when they include full kitchens. This action is
included' in the attached proposed ordinance.
GROWTH MANAGEMENT INITIATIVES
This proposed ordinance is,the first in a series of zoning code amendments based upon the City
Commission's direction at its May 25, 2005 Growth Management Workshop. As part of this
package, proposals will be presented to the Commission in the coming months addressing
minimum and average unit sizes, lot coverage and aggregation, the FAR exemption for parking,
minimum size of parking spaces, and the fee in lieu of parking. These individual changes may
be incremental, but should have a cumulative effect to slow and/or limit the amount of new
development. Please note that each potential amendment should also be analyzed for effect on
workforce housing, and exemptions should be considered.
Additionally, as directed at the Growth Management Workshop, a request for approval to issue a
Request for Proposals (RFP) for a planning/impact fee consultant to help further explore the
potential for an impact analysis and mitigation development review system has been placed on
the'Commission agenda.
FISCAL IMPACT
The proposed ordinance has no associated negative fiscal impact upon enactment.
Commission Memorandum
Proposed residential parking requirements
February 8, 2006
Page 6
CONCLUSION
The Administration recommends that the proposed ordinance be adopted.
Pursuant to Section 118-164(3), when a request to amend the Land Development Regulations
of the City Code does not change the actual list of permitted, conditional or prohibited uses in a
zoning category, the proposed ordinance may be read by title or in full on at least two separate
days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general
circulation in the city. Immediately following the public hearing at the second reading, the City
Commission may adopt the ordinance by an affirmative vote of five-sevenths of all members of
the City Commission.
JMGITHIJGGIRGLIML
.,
T:~GENDA~006\feb0806\Regular\1717 - parking ord cc memo 2-8-06.doc
§ 130-32
MIAMI BEACH CODE
(41)
(42)
for eating and drinking uses shall be as
established under subsection (32) of this
section.
Theatre: 1 space per 4 seats.
Telephone exchanges or equipment build-
ings: I space per 1,500 square feet of floor
area.
(143) Townhouse: 2 spaces for each unit plus 1
designated guest space per 5 units.
(Ord. No. 89-2665, § 7-2(A), eff. 10-1-89; Ord. No.
90-2684, eft. 3-3-90; Ord. No. 90-2685, elf. 3-3-90;
Ord. No. 90-2718, eff. 11-6-90; Ord. No. 91-2767,
eft. 11-2-91; Ord. No. 92-2778, eff. 3-28-92; Ord.
No. 93-2882, eff. 10-1-93; Ord. No. 94-2934, eft.
8-7-94; Ord. No. 98-3108, § 5(A), 1-21-98; Ord. No.
99-3222, § 3, 12-15-99)
Sec. 130-33. Off-street parking requirements
for parking districts nos. 2, 3
and 4.
Except as otherwise provided in these land
development regulations, when any building or
structure is erected or altered in parking districts
nos. 2, 3 and 4 accessory off-street parking spaces
shall be provided for the building, structure or
additional floor area as follows. 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¥2 spaces for each unit regardless of size
or number of bedrooms.
The parking requirement may be satis-
fied by entering into a development agree-
ment with the city to provide for such
parking through the construction of facil-
ities over city-owned properties (air rights)
or by providing for off-site parking facili-
ties in accordance with section 130-35.
(2) Adult congregate living facility: I space
for every 2 beds.
(3) Hotel, convention: For structures with less
than 250 units, one space per unit; for
structures with 250 to 499 units, 0.75
space per unit; for structures with 500
(4)
units or more, 0.50 space per unit. Re-
quired parking for convention hotel acces-
sory uses shall be as follows:
a. Retail: Required parking shall be
computed at one space per 500 square
feet of floor area, minus seven and
one-half square feet per unit.
b. Auditorium, ballroom, convention
hall, gymnasium, meeting rooms or
other similar places of assembly: Re-
quired parking shall be one space
per seven seats or one space per 105
square feet of floor area where there
is no seating, minus one seat for 15
square feet per unit.
c. Restaurant or other establishment
for consumption of food or beverages
on the premises: Required parking
shall be one space per seven seats or
one space per 105 square feet of floor
area where there is no seating, mi-
nus one seat or 15 square feet per
two units.
do
Required parking for all other uses
shall be as set forth in this section.
The zoning board of adjustment may grant
a variance for the total amount of parking
required for a convention hotel and re-
lated accessory uses of up to ten percent.
Hotel, suites hotel, motel or motor lodge:
One space per unit; however, suites hotel
units as defined in section 142-1105 which
are greater than 550 square feet and
which contain full cooking facilities shall
have a parking requirement of one and
one-half spaces per unit. Required park-
ing for hotel accessory uses shall be as
follows:
a. Retail: Required parking shall be
computed at one space per 400 square
feet of floor area, minus seven and
one-half square feet per unit.
b. Auditorium, ballroom, convention
hall, gymnasium, meeting rooms or
other similar places of assembly: Re-
quired parking shall be one space
per four seats or one space per 60
Supp. No. 6, Add. CD130:6
OFF-STREET PARKING
§ !30-33
for eating and drinking uses shall be as
established 'under subsection (32) of this
section.
(41)
(42)
Theatre: 1 space per 4 seats.
Telephone exchanges or equipment build-
ings: 1 space per 1,500 square feet of floor
area.
(43) Townhouse: 2 spaces for each unit plus 1
designated guest space per 5 units.
(Ord. No. 89-2665, § 7-2(A), eff. 10-1-89; Ord. No.
90-2684, eft. 3-3-90; Ord. No. 90-2685, eft. 3-3-90;
Ord. No. 90-2718, eft. 11-6-90; Ord. No. 91-2767,
eft. 11-2-91; Ord. No. 92-2778, eft. 3-28-92; Ord.
No. 93-2882, eff. 10-1-93; Ord. No. 94-2934, eft.
8-7-94; Ord. No. 98-3108, § 5(A), 1-21-98; Ord. No.
99-3222, § 3, 12-15-99; Ord. No. 2003-3410, § 1,
5-21-03)
Sec. 130-33. Off-street parking requirements
for parking districts nos. 2, 3
and 4.
Except as otherwise provided in these land
development regulations, when any building or
structure is erected or altered in parking districts
nos. 2, 3 and 4 accessow off-street parking spaces
shall be provided for the building, structure or
additional floor area as follows. 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:
11/~. spaces for each unit regardless of size
or number of bedrooms.
(lA) Housing for low and/or moderate income
elderly. For purposes of this regulation,
the following definitions shall apply:
Elderly person shall be defined as a per-
son who is at least 62 years of age.
Elderly household means a one or two
person household in which the head of the
household or spouse is at least 62 years of
age.
Housing for the elderly shall not to be
construed as homes or institutions for the
aged, which are primarily assisted living
facilities, convalescent or nursing homes.
Low income means households whose in-
comes do not exceed 50 percent of the
median income for the area as determined
by U. S. Department of Housing and Ur-
ban Development.
Moderate income means households whose
incomes are between 51 percent and 80
percent of the median income for the area
as determined by U. S. Department of
Housing and Urban Development.
Parking requirements for housing for low and/or
moderate income elderly:
a. 0.75 parking space per dwelling unit. '
b. For the purposes of this section only,
housing for low and/or moderate in-
come elderly shall be publicly owned
or nonprofit sponsored and owned,
or developed by for-profit organiza-
tions utilizing public funds.
c. The applicant shall submit written
certification from the corresPonding
state or federal agency in charge of
the program.
d. Off-street parking, pursuant to this
section, shall be permitted only at~er
a finding by the planning director
that, in view of the location of such
housing and the economic status of
anticipated occupants, the proposed
parking will be adequate to serve
proposed occupants, visitors and em-
ployees, including the proposed unit
size and likelihood that the occu-
pants will have a need for parking.
e. A covenant running with the land
restricting the use of the property
for housing for low and/or moderate
income elderly for a period of no less
than 30 years shall be executed by
the owner of the property, approved
as to form by the city attorney, re-
corded in the public records of the
county and shall be submitted prior
to the issuance of a building permit.
The declarations within the cove-
nant are not severable. If a subse-
quent judicial determination invali-
dates the age restriction in this
Supp. No. 20 CD130:7
§ 130-33
MIAMI BEACH CODE
section, or the covenant, the city
shall not issue a certificate of use
and occupancy for a new use until
the property owner satisfies the then
applicable parking requirements un-
der this Code. The property owner
may satisfy the parking require-
ments by actually providing the ad-
ditional parking spaces or by reduc-
ing the number of residential units.
However, a property owner shall not
be able to satisfy the parking require-
ments by the payment of a fee in lieu
of providing parking. At the time of
development review, the property
owner shall submit a statement of
intent to construct housing for low
and/or moderate income elderly in
accordance with this section.
f. After approval of the decrease in
parking spaces, the premises shall
not be used other than as housing for
the elderly unless and until any park-
ing requirements and all other re-
quirements or limitations of this Code
for the district involved and apply-
ing to the new use shall have been
met.
The parking requirement may be satisfied by
entering into a development agreement with
the city to provide for such parking through the
construction of facilities over city-owned prop-
erties (air rights) or by providing for off-site
parking facilities in accordance with section
130-36. ~
(2) Adult congregate living facility: 1 space
for every 2 beds.
(3) Hotel, convention: For structures with less
than 250 units, one space per unit; for
structures with 250 to 499 units, 0.75
space per unit; for structures with 500
units or more, 0.50 space per unit. Re-
quired parking for convention hotel acces-
sory uses shall be as follows:
a. Retail: Required parking shall be
computed at one space per 500 square
feet of floor area, minus seven and
one-half square feet per unit.
(4)
b. Auditorium, ballroom, convention
hall, gymnasium, meeting rooms or
other similar places of assembly: Re-
quired parking shall be one space
per seven seats or one space per 105 ·
square feet of floor area where there
is no seating, minus one seat for 15
square feet per unit.
c. Restaurant or other establishment
for consumption of food or beverages
on the premises: Required parking
shall be one space per seven seats or
one space per 105 square feet of floor
area where there is no seating, mi-
nus one seat or 15 square feet per
two units.
d. Required parking for all other uses
shall be as set forth in this section.
The zoning board of adjustment may grant
a variance for the total amount of parking
required for a convention hotel and re-
lated accessory uses of up to ten percent.
Hotel, suites hotel, motel or motor lodge:
One space per unit; however, suites hotel
units as defined in section 142-1105 which
are greater than 550 square feet and
which contain full cooking facilities shall
have a parking requirement of one and
one-half spaces per unit. Required park-
ing for hotel accessory uses shall be as
follows:
a. Retail: Required parking shall be
computed at one space per 400 square
feet of floor area, minus seven and
one-half square feet per unit.
b. Auditorium, ballroom, convention
hall, gymnasium, meeting rooms or
other similar places of assembly: Re-
quired parking shall be one space
per four seats or one space per 60
square feet of floor area where there
is no seating, minus one seat or 15
square feet per unit.
Restaurant or other establishment
for consumption of food or beverages
on the premises: Required parking
shall be one space per four seats
minus one seat for every two units.
Supp. No. 20 CD130:8
PARKING STUDY - REQUIREMENTS OF MISCELLANEOUS MUNICIPALITIES
Required # of Special Conditions - Additional
Municipality Use Spaces spaces
__
Developments with more than 10
units, 1 space per 5 units designated
Key Biscayne Apartment buiding 1.75 per unit guest parking
More than 5 units, 1 space per 5 units
Duplex 4 spaces designated guest parking
Single-family 2 spaces
More than 5 units, 1 space per 5 units
Townhome 2 spaces/unit designated guest parking
Duplex/townhouse/cluster
with/o garage & driveway,
attached housing, coach + 0.25 space per unit for guest
Ft. Lauderdale homes w/individual garages 2 spaces/unit parking
Multifamily - efficiency 1.75/unit
Multifamily - one bedroom 1.75/unit
Multifamily- 1 br + den or 2 br 2/unit
Multifamily- 2 br + den or 3 br 2.1/unit
Multifamily- 3 br + den or 4 br 2.2/unit
single-family 2 spaces
single-family + accessory 2/dwelling unit +
dwelling (granny flat) 1/accessory unit
Boca Raton single-family 2/unit
Multifamily 2 or more units w/
one br 1.75 spaces
Multifamily 2 or more units w/
two br. or more 2/unit
Efficiency 1.5/unit
Technical deviations (variances)
applications to the Planning and Zoning
Board -will be based on a a parking
Hotel, apartment-hotel 1.2/sleeping room study.
Broward County single-family 2/per unit
duplex 2/per unit
2 per unit on a single
townhouse lot 1 space per 5 units for guest parking
multifamily-efficiency or 1-br.
unit 1.5 per unit
multifamily-2-br, unit 2 spaces per unit
multifamily-3'-br, unit 2.5 spaces per unit 1 space per 5 units for guest parking
F:\PLAN\$PLB\draft ordinances~005\1717 - residential prkg req\parking study3.xls
PARKING STUDY - REQUIREMENTS OF MISCELLANEOUS MUNICIPALITIES
Required # of Special Conditions - Additional
Municipality Use Spaces spaces
1.5 to 2 spaces per
unit depending on the
Naples Multifamily zoning district
No. Bay Village single-family 2 spaces
multifamily - efficiency 1.5 per unit
- one br. 1.75 per unit
'10% of the total number of required
- => 2 brs. 2 per unit spaces designated for guest parking
1 enclosed space per
unit and one
Aventura single-family & duplex unenclosed space In a fully enclosed attached garage
2 enclosed spaces per
unit and two
w/four or more br. unenclosed spaces In a fully enclosed attached garage
~ 1 enclosed space - =>
~ 4 brs 2 additional
townhouse spaces unenclosed In a fully enclosed attached garage
Multifamily - efficiency & 1 br. 1.5 spaces per unit
Buildings ore 35' in height or with more
than 20 units - 5% of the required
=> 2 brs. 2 spaces per unit parking as guest parking.
At least one space must be in a garage
Bal Harbor single-family 2 spaces i or carport
One additional space for each ten
multi-family 1.5 spaces per unit units
Bay Harbor single-family 2 spaces
apartment buildings, apartment-
hotels and twofamily dwellings 2 spaces for each unit
in a porte-cochere, carport, breezeway or
Coral Gables single-family one space garage.
one space for 1-br.
Unit. Two spaces per
Townhouses unit for => 2 brs.
1.5 spaces for 1 & 2
br. Units. Two spaces
Duplex for units => 3 brs.
F:\PLAN\$PLB\draft ordinances~005\1717 - residential prkg req\parking study3.xls
PARKING STUDY - REQUIREMENTS OF MISCELLANEOUS MUNICIPALITIES
' Required # of Special Conditions - Additional
M u n ici pality U se S paces s paces
1.5 - 2 spaces for ea.
Effc., 1, 2 or 3 bdr.
Units. 3 spaces for => Additional one space per 20 spaces
4 br. Unit. Depending provided for supplemental parking.
on location within the These requirements depend on the
Apartment building City. location within the City.
1 space per room; 1.5
spaces per effc., 1&2
br. Apts; 2 spaces per
3-br. Apt.; 3 spaces
apartment hotel per 4 or more br. Apts. 1 employee space per 8 hotel room
Miami-Dade County single-family 2 spaces
2, 3 and 4-unit dwellings 2 spaces per unit
A minimum of 0.25 visitors space per
townhouses 2 spaces per unit townhouse.
Can be provided either on the individually
owned lot or common area. Tandem
parking is permitted only on individual
cluster communities 2.25 spaces per unit lots.
__
1.5 per guest room,
eff. Or 1-br. Unit. 1.75
for each 2-br. Unit. 2
apartment buildings of 5 or spaces for => 3 br.
more Units Unit.
one of the spaces for each unit must be
in a garage or caport, except that 4 br.
Units or more must provide two enclosed
Coral Springs one-family & 2-family unit 2 spaces per unit spaces
In addition to these parking
requirements, 10% of the required
parking must be provieded as
efficiency & 1 br. Unit 1.5 per unit Isupplemental guest parking
one br. w/den, 2 and 3 br, units
in buildings less than 35 ft. in
height, t 2 paces per unit;
In buildings over 35 ft. in heigh1.75 spaces per unit
3 br. w/den & 4 or more br. In
bldgs. 35 ft. in height or less. 2.25 spaces per unit
in buildings over 35 ft. in height 2 spaces per unit
Hialeah Residential Iow density 2 spaces per unit
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PARKING STUDY - REQUIREMENTS OF MISCELLANEOUS MUNICIPALITIES
I Required # of Special Conditions - Additional
Municipality Use Spaces spaces
Medium & high density - one &
2 br. Units 2 spaces per unit, plus 0.5 space per each additional bdr.
Ft. Pierce single-family & duplex 2 spaces per unit
triplex, quadraplex and
multifamily house 1.5 spaces per unti.
Hallandale Beach single-family & two-family 2 spaces per unit
Developments of ten units or more
must provide 0.5 space per unit for
townhouse 2 spaces per unit guest parking
multi-family - efficiency 1.25 spaces per unit
- one br. 1.5 spaces per unit
plus 0.25 for ea. br. in excess of 2. Plus
10% of required parking for
- 2 br. 1.75 spaces per unit designated guest parking.
Surfside efficiency & 1 br. 1.5 spaces per unit
2 & 3 br. 2.0 spaces per unit
One guest parking space for each 15
units, unless valet service is
provided; then one guest space per
4 or more br. 2.25 spaces 20 units.
Jacksonville single-family 2 spaces
efficiency, studio or 1 br. unit
not exceeding 500 sqft. 1.5 spaces
1 br or more over 500 sqft. 1.75 spaces
2 br. 2 spaces
Additional 1 space for owner or operator
ea. additional br. in excess of 2 0.25 space and 1 space for each two employees.
F:\PLAN\$PLB\draft ordinances~2005\1717 - residential prkg req~)arking study3.xls