20160210 SM2MIAMI BEACH
Gity Commission Meeting
SUPPLEM ENTAL MATERIAL 2
City Hall, Commission Chambers,3rd Floor, 1700 Convention Center Drive
February 10,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Com m issioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vlsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the Gity Glerk priorto engaging in any lobbying activitywith the City
Commission, any Gity Board or Committee, or any personne! as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
RsB Required Off Street Loading Spaces
An Ordinance Amending Chapter 130 "Off Street Parking," Article lV, "Off-Street Loading," By
Modifying The Requirements For Calculating And Providing Required Loading Spaces For
Existing Buildings, Changes ln Use And New Construction, lncluding Enclosed Structures Used
For The Storage And Parking Of Vehicles; Providing For Repealer; Severability; Codification;
And An Effective Date.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on January 13,2016 - R5L)
(Memorandum & Ordinance)
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 130 of the City Code by modlfying the requirements for calculating
and providing required loading spaces for existing buildings, changes in use and new construction,
includino enclosed structures used for the and oarkino of vehicles.
Item S ummary/Recommendation :
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rovvth manaqement across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate development is "about the riqht amount."
SECOND READING. PUBLIC HEARING
The subject Ordinance would clarify that minimum off-street loading requirements are applicable to
new construction; for buildings utilizing enclosed structures for parking, required loading must be
provided internally; for a change of use, required loading must be provided in accordance with the
existing otf-street loading schedule or a detailed plan delineating on-street loading shall be approved
by the parking department; and for new construction, the HPB may waive the requirements for off-
street loading spaces, provided that a detailed plan delineating on-street loading is approved by the
parking department.
On July 29,2015, the Land Use and Development Committee discussed the item and recommended
that the attached Ordinance Amendment be referred to the Planning Board.
On September 2,2015, the City Commission referred the attached Ordinance Amendment to the
Planning Board (ltem C4A).
On January 13,2016, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the attached Ordinance at First Reading;
and 3)scheduled a Second Reading Public Hearing for February 10,2016.
The Administration recommends that the Citv Commission the Ordinance.
On October 27, 2015, the Planning Board transmitted the proposed ordinance amendment with a
favorable recommendation. (Vote 7-0)
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Tota!
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGEN DA\20 1 G\February\Planni ng\Off-Street Loading - SECON D Reading S UM
AGENDA rrEii R 58
o^rE J_to_[bAAIAMIBEACH3
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
ISSION MEMORANDUM
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130 "OFF STREET
PARKING", ARTICLE !V, ,,OFF-STREET LOADING", By MODIFYING THE
REQUIREMENTS FOR CALCULATING AND PROVIDING REQUIRED
LOADING SPACES FOR EXISTING BUILDINGS, CHANGES IN USE AND
NEW CONSTRUCTION, INCLUDING ENCLOSED STRUCTURES USED FOR
THE STORAGE AND PARKING OF VEHICLES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFEcTtVE DATE.
ADMINISTRATION REGOMM EN DATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On June 10,2015, at the request of Commissioner Deede Weithorn, the City Commission referred
this item to the Land Use and Development Committee (ltem C4J). On June 17,2015, the Land
Use and Development Committee discussed the item and directed the Administration to prepare a
draft Ordinance for the July 29,2015 Land Use Committee meeting.
On July 29, 2015, the Land Use and Development Committee discussed the item and
recommended that the attached Ordinance Amendment be referred to the Planning Board.
Commissioner Joy Malakoff agreed to sponsor the proposed Ordinance.
On September 2, 2015, the City Commission referred the attached Ordinance Amendment to the
Planning Board (ltem C4A).
ANALYSIS
The proposed Ordinance would modify the current regulations pertaining to off-street loading
requirements, as provided for under Chapter 130, Article lV of the Land Development Regulations
of the City Code. These requirements are designed to provide adequate facilities for loading and
unloading as it relates to multi-family and commercial properties. The current regulations establish
specific loading space requirements based upon use, as well as design standards.
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members the C mtsston
Jimmy L. Morales, City Manager
February 10,2016
Ordinance Amendment - Off Loading Spaces Ordinance
SECOND READING - PUBLIC HEARING
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Commission Memorandum
Ordinance Amendments - Off Street Loading Spaces Ordinance
February 10, 2016 Page 2 of 3
Since these standards were adopted, certain functional and practical problems associated with
both the wording of this section of the code, as well as the ability to provide off-street loading
spaces, have been identified. ln this regard, the following is noted:
. The current language does not provide any latitude for changes in use within existing
buildings, which may not be physically capable of providing a code compliant off-street
loading space(s). These would include historic buildings.
o The current regulations do not create a separate standard for new construction that can
more easily accommodate loading spaces within a parking garage. Such a minimum
requirement has been suggested as a part of this larger discussion.
ln order to address the pressing issue of existing buildings and changes in use, the following
modifications were originally proposed to Sec 130-131'
1. Clarify that minimum off-street loading requirements are applicable to new construction,
including any physical expansion of a structure or use.
2. For multi-family and commercial buildings utilizing enclosed structures for the storage
and/or parking of vehicles, all required loading spaces must be provided internally.
3. For a change of use in an existing building, required loading must either be provided in
accordance with the existing off-street loading schedule or a detailed plan delineating on-
street loading shall be approved by the parking department.
4. For properties located within a locally designated historic district, or historic site, the
Historic Preservation Board may waive the requirements for off-street loading spaces for
properties containing a contributing structure, provided that a detailed plan delineating on-
street loading is approved by the parking department.
The Administration believes that the modifications proposed herein are consistent with the
direction of the Commission as it pertains to improving loading areas in the City. The proposed
changes also clean-up the existing code language pertaining to existing buildings.
PLANNING BOARD REVIEW
On October 27, 2015, the Planning Board transmitted the proposed ordinance amendment with a
favorable recommendation. The Planning Board also recommended that the proposed waiver
provision be applicable to all properties, and not just certain types of properties located in historic
districts. The recommendation of the Planning Board has been incorporated into the text of the
attached Ordinance.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
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Commission Memorandum
Ordinance Amendments - Off Street Loading Spaces Ordinance
February 10. 2016 Page 3 of 3
SUMMARY / UPDATE
The subject Ordinance was approved at First Reading on January 13, 2016. The Commission
requested that the provision pertaining to waivers from Land Use Boards be limited to the historic
preservation board, and to properties with a 'contributing' structure. This change has been
incorporated into the text of the Ordinance for Second Reading.
CONCLUS!ON
The Administration recommends that the City Commission adopt the Ordinance.
JLM/SMT/TRM/RAM
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Required Off Street Loading Spaces
ORDINANGE NO.
AN ORDINANGE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130 "OFF STREET
PARKING", ARTICLE lV, ,,OFF-STREET LOADING", By MODIFYING THE
REQUIREMENTS FOR CALCULATING AND PROVTDING REQUTRED
LOADING SPACES FOR EXISTING BUILDINGS, CHANGES IN USE AND
NEW CONSTRUCTION, INCLUDING ENCLOSED STRUCTURES USED FOR
THE STORAGE AND PARKING OF VEHICLES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTTVE DATE.
WHEREAS, Chapter 130 of the City Code, entitled "Off Street Parking," includes a
separate Article pertaining to Off-Street Loading Spaces; and
WHEREAS, Chapter 130 is proposed to be amended to modify loading space
requirements for existing buildings and new, enclosed structures used for the parking and
storage of vehicles; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA:
SECTION 1. That Chapter 130, "Off-stfbet Parking," Article tV, "Off-Street Loading," is
amended, as follows:
Sec. 130-101. - Space requirements and location.
A. When any new building or structure is erected ipasq or
an existinq buildino is modified resultino in an increase in FAR. accessory off-street loading
spaces shall be provided for the new building, new structure, or adCitienal increase in floor
area €r+ew-u€e in accordance with the following schedule:
(1) For each retail store, department store, restaurant, wholesale house, warehouse, repair,
general service, manufacturing or industrial establishment, or similar use, which has an
aggregate floor area in square feet of:a. Over 2,000 but not over 10,000: one (1) space.b. Over 10,000 but not over 20,000: two (2) spaces.c. Over 20,000 but not over 40,000: three (3) spaces.d. Over 40,000 but not over 60,000: four (4) spaces.e. For each additional 50,000 over 60,000: one (1) space.
(2) For each office building, hospital or similar institutions, places of public assembly, or
similar use, which has an aggregate floor area in square feet of:a. Over 5,000 but not over 10,000: one (1) space.b. Over 10,000 but not over 100,000: two (2) spaces.c. Over 100,000 but not over 200,000: three (3) spaces.d. For each additional 100,000 over 200,000: one (1) space.
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(3) For any residential building or hotel building:a. Over 36 units but not more than 50 units: one (1) space.b. Over 50 units but not more than 100 units: two (2) spaces.c. Over 100 units but not more than 200 units: three (3) spaces.d. For each additional 100 units or fraction thereof over 200 units: one (1) space.
B. For the new construction of multi-familv, hotel, and commercial buildinqs utilizino enclosed
structures for the storaoe and/or parkino of vehicles. all required loadinq spaces shall be
located internallv.
C. For a chanqe of use in an existinq buildinq, required loadins shall either be provided in
accordance with the off-street loadino schedule above. or a detailed plan delineatinq on-
street loadino, as approved bv the parkins department.
D. For orooerties located
oreservation OoarO ies
containing a contr
loadino is aooroved bv the oarkino deoartment.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILIry.
lf 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 day of 2016.
Philip Levine, Mayor
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ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
R EXECUTION
| _ L. - tL
First Reading: January 13,2016
Second Reading: February 10,2016
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+rit<e$reugh denotes removed lang uage
Double-Llnderscore denotes language added at First Reading
(Sponsored by Commissioner Joy Malakoff)
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