Ordinance 2008-3617 (Incomplete)ORDINANCE NO. 2008-3617
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE BY
AMENDING CHAPTER 130 "OFF-STREET PARKING," ARTICLE II
"DISTRICTS, REQUIREMENTS," BY CREATING SECTION 130-38
"MECHANICAL AND ROBOTIC PARKING SYSTEMS" TO PERMIT
MECHANICAL PARKING DEVICES AND ROBOTIC PARKING
SYSTEMS TO BE USED IN ORDER TO SATISFY PARKING
REQUIREMENTS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the regulations governing off-street parking spaces contained in Chapter
130 of the City Code, Sections 130-61 through 130-65 of Article II "Design Standards`
delineate the requirements for parking space dimensions and layout; and
WHEREAS, the use of robotic parking systems, to be used within parking garages in
order to increase parking capacity in Miami Beach has come into question; and
WHEREAS, the City Commission is concerned that the approval of mechanical
parking systems could have the effect of increasing density and intensity of development
within the City: and
WHEREAS. The City wishes to permit main-use stand-alone parking garages using
robotic parking mechanisms in order to increase parking capacity: and not to allow robotic or
mechanical parking systems in garages to be used to satisfy off-street parking requirements;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130: Off-Street Parking, Article II, Districts, Requirements,
Section 130-38 entitled "Mechanical And Robotic Parking Systems" is hereby created as
follows:
Sec. 130-38. Mechanical and Robotic Parking Systems.
1) Definitions
a) Mechanical Parkina means Mechanical Parking Lifts, Robotic Parking Systems.
and/or Vehicle Elevators.
b) Mechanical Parking LiR means an automated mechanism that lifts vehicles to make
space available to park other vehicles below it in a vertical tandem fashion.
c) Robotic Parking System means a mechanical garage using elevator systems to hoist
individual vehicles from receiving areas to separate auto storage areas.
d) Vehicle Elevator means an elevator used for motor vehicles in lieu of ramps within a
parking structure.
2} Parking spaces to be used to satisfy accessory off-street parking requirements must
conform to the provisions of Article III ~~Design Standards" of this chapter, with respect to
all-weather surface area, minimum parking space dimensions, drive width. interior aisle
width. and required markings, Therefore, the use of mechanical parking devices. robotic
parking systems and vehicle elevators to satisfy accessory off-street parking
requirements shall not be pem~itted, except as hereinafter provided,
3) Exceptions to the mechanical parking prohibition may be permitted if the proposed
proiect meets the following conditions:
a) Commercial main use parking garages on a separate lot.
i) Commercial main use parking garages. open to the public. may utilize
mechanical parking devices. robotic parking systems and/or vehicle elevators,
subject to all other provisions of Section 130-68.
ii) Parking spaces within commercial main use parking garaqes utilizing mechanical
parking may be used to satisfy off street parking requirements for residential or
commercial uses required within the building by Section 130-68 for the cladding
of such garaqes, as may be required by the design review procedures.
iii/ Parking spaces within commercial main use parking garaqes utilizing mechanical
parking, constructed on land:
a. located within in a local historic district (except not within the Ocean
Beach local historic district); and,
b. on land which was vacant as of October 17. 2008 and.
c. on land within 300 feet of a proposed new hotel development:
may be used to satisfy off street parking requirements for the proposed new hotel
units and the following hotel accessory uses: retail (at a maximum of 75 square
feet per hotel unit). auditorium. ballroom, convention hall. gymnasium, spa,
meeting rooms or other similar places of assembly (not including restaurants or
alcoholic beverage establishments). However. in order to utilize mechanical
parking to satisfy off street parking requirements for the foregoing uses, the
following conditions must be satisfied:
(1} At least one-half of all parking spaces within the commercial main use
parking garage shall be reserved for use by the general public (not to be used
for valet storage for offsite valet services):
(2) Mechanical Parking permitted under this subsection shall be for the sole
purpose of New Hotel Development. For purposes of this subsection. New
Hotel Development means newly constructed hotel units and the following
hotel accessory uses. provided that such hotel accessory uses are part of the
same development proiect as the newly constructed hotel units: retail (at a
maximum of 75 square feet per hotel unit). auditorium, ballroom. convention
hall gymnasium spa meeting rooms or other similar places of assembly (not
including restaurants or alcoholic beverage establishments);
(3) A restrictive covenant in a form acceptable to the city attorney committing the
parking garage to providing parking for the related hotel property. and
maintaining such hotel property as a hotel, for at least thirty (30) nears.
subject to release by the Planning Board if such board determines that the
restriction is no longer necessary. shall be recorded prior to the issuance of a
full building permit; and
(4) Suite hotel units. as defined by Section 142-1105, cannot satisfy their off
street parking requirements by using mechanical parking.
iii} Except as described above in Section 3(a)(ii) and (iii). mechanical parking
system within main use parking garages. operating either as commercial garages
oxen to the public. or. as private noncommercial garages. may not be used to
satisfy off street parking requirements for uses on a separate lot. This provision
may be waived through the procedures detailed in subsection (c), below.
b} Existing multifamily buildings
i) Existing multifamily buildings with a deficiency of parking may utilize mechanical
parking devices within the space of the existing parking structure area. All
parking lifts shall be located within a fully enclosed parking garage and shall not
be visible from exterior view. No outside parking lifts shall be permitted.
ii) The increased number of parking spaces as a result of mechanical parking under
this provision shall not be used to satisfy any accessory off-street parking
requirements.
c) Projects proposing to use mechanical parking devices, robotic parking systems
and/or vehicle elevators to satisfy accessory off-street parking requirements.
i) Projects proposing to use mechanical parking devices. robotic parking systems
and/or vehicle elevators to satisfy accessory off-street parking requirements shall
prepare schematic floor plans prior to site plan review by the applicable land use
board. Two sets of schematic floor plans shall be required:
(1) One set of schematic plans sufficient to show the proposed development
project with accessory off-street parking requirements satisfied by traditional.
non-mechanical means, meeting all aspects of the design standards for
parking spaces required in Article III of Chapter 130, and other provisions of
these land development regulations, and requiring no variances from these
provisions: and.
(2) A second set of schematic plans. sufficient to show the same proposed
development project, utilizing mechanical parking devices. robotic parking
systems and/or vehicle elevators to satisfy accessory off-street parking
requirements.
The first set of schematic plans shall be reviewed by Planning Department staff
for zoning compliance prior to the site plan review hearing by the applicable land
use board. If it is determined that these schematic plans meet the requirements
a) Whether the scale of the proposed structure is compatible with the
existing urban character of the surrounding neighborhood;
b) Whether the proposed use of mechanical parking results in an
improvement of design characteristics and compatibility with the
surrounding neighborhood;
c) Whether the proposed use of mechanical parking does not result in an
increase in density or intensity over what could be constructed with
conventional parking;
d) Whether parking lifts or mechanisms are located inside. within a fully
enclosed building, and not visible from exterior view:
e) In cases where mechanical parking lifts are used for self-parking in multi-
family residential buildings: whether approval is conditioned upon the
proper restrictive covenant being provided limiting the use of each lift to
the same unit owner;
f) In cases where mechanical parking lifts are used for valet parking:
whether approval is conditioned upon the proper restrictive covenant
being provided stipulating that a valet service or operator must be
provided for such parking for so long as the use continues;
g) Whether a traffic study has been provided that details the ingress. egress
and circulation within the mechanical parking facility, and the technical
and staffing requirements necessary to ensure that the proposed
mechanical parking system does not cause excessive stacking, waiting.
or backups onto the public right-of-way:
h) Whether a proposed operations plan. including hours of operation.
number of employees maintenance requirements. noise specifications.
and emergency procedures, has been provided.
i) In cases where the proposed facility includes accessory uses in addition
to the parking garage. whether the accessgnf uses are in proportion to
the facility as a whole. and delivery of ~r~grchandise and removal of
refuse and any additional impacts upon the surrounding neighborhood
created by the scale and intensity of the proposed accessory uses, are
adeauately addressed.
j) Whether the proximity of the proposed facility to similar size structures
and to residential uses creates adverse impacts and how such impacts
are mitigated.
k) Whether a cumulative effect from the proposed facility with adiacent and
nearby structures arises and how such cumulative effect will be
addressed.
5) Mechanical parking systems must also satisfy the following conditions:
a) The noise or vibration from the operation of mechanical parking lifts car elevators. or
robotic parking systems shall not be plainly audible to or felt by any individual
standing outside an apartment or hotel unit at any adiacent or nearby property. In
addition noise and vibration barriers shall be utilized to ensure that surrounding
walls decrease sound and vibration emissions outside of the parking garaqe:
b) For mechanical lifts the parking lift platform must be sealed and of a sufficient width
and length (minimum of 8' by 16') to completely cover the bottom of the vehicle on
the platform to prevent dripping liquids or debris onto the vehicle below
c) All free-standing mechanical parking lifts must be designed so that power is required
to lift the car but that no power is required to lower the car in order to ensure that
the lift can be lowered and the top vehicle can be accessed in the event of a power
outage robotic garages and vehicle elevators must have backup generators
sufficient to power the system;
d) All mechanical lifts must be designed to prevent lowering of the lift when a vehicle is
parked below the lift:
e) The ceiling heights of any parking level with parking lifts within the parking garaqe
shall be a minimum of 11'-6"
f) All parking lifts shall only be operated using a spring loaded Underwriters
Laboratories fUL) approved Kev Switch Control. No push button is allowed;
g) All electrical components of the lifts shall be Underwriters Laboratories (UL)
approved;
h) All mechanical parking systems including lifts elevators and robotic systems. must
be inspected and serviced at least once per year with an annual safety report signed
by a Licensed Mechanical Engineer: and
i) All parking lifts shall be maintained and kept in good working order.
SECTION 2. 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 3. 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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 7th day of October , 2408.
ATTEST:
M R Matti er era Bower
CITY CLERK Robert Parcher
First Reading: .rune z5, 2oos
Second Reading: October 7, 2oos
f
Verified by: y ~ r,
r~' G. omez, C
tanning Director
Underscore notes new language
SErikeNaredgu denotes deleted language
APPROVED AS TO
F M AND LANGUAGE
-7`QR EXECUTION
IZr2 rY
ity Attorney D to
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