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2008-3617 OrdinanceORDINANCE 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 Parking means Mechanical Parking Lifts, Robotic Parking Systems, and/or Vehicle Elevators. b) Mechanical Parking Lift 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 permitted, except as hereinafter provided. 3) Exceptions to the mechanical parking prohibition may be permitted if the proposed project 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 garages utilizing mechanical parkins 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 parkins 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 project 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 propertv, and maintaining such hotel propertv as a hotel, for at least thirty (30) years, 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 open to the public, or, as private noncommercial aarases, 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 parkins devices within the space of the existing parking structure area. All parking lifts shall be located within a fully enclosed parking aarase and shall not be visible from exterior view. No outside parkins 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 parkins requirements. c) Proiects proposing to use mechanical parking devices, robotic parkins systems and/or vehicle elevators to satisfy accessory off-street parking requirements. i) Proiects 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 proiect with accessory off-street parking requirements satisfied by traditional, non-mechanical means, meeting all aspects of the design standards for parkins 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 d__eyelopment proiect, utilizing mechanical parkins 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 of the design standards of the city code, then the total number of parking spaces shown on the plans shall be noted. Henceforth, the project may proceed to site plan approval based on the second set of plans, using mechanical parking. However, the allowable residential density, and the intensity of the uses permitted for the proposed project, shall not exceed that which would have been permitted using the number of parking spaces noted on the first set of plans using traditional parking. No variances to these provisions shall be permitted. 4) Use of mechanical parking devices, robotic parking svstems and/or vehicle elevators under any of the provisions of this section shall require Conditional Use approval from the Planning Board. The Planning Board shall consider the following review criteria when considering each application for the use of mechanical parking svstems: 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 parkins; d) Whether parkins 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 parkinq~ whether approval is conditioned upon the orooer restrictive rwenant 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 emersency procedures, has been provided. i) In cases where the proposed facility includes accessory uses in addition to the parking garage, whether the accessory uses are in proportion to the facility as a whole. and delivery of merchandise and removal of 4 refuse, and any additional impacts upon the surrounding neighborhood created by the scale and intensity of the proposed accessory uses, are adequately 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 garage~ 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 garage shall be a minimum of 11'-6": f) All parkins lifts shall only be operated using a spring loaded Underwriters Laboratories (UL) approved Key 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 ATT S CITY CLERK Robert Parcher First Reading: June 25, Zoos Second Reading: October ~, 2oos day of October , 2008. M R Matti er era ower APPROVED AS TO F M AND LANGUAGE QR EXECUTION ,~ tZ .Z ~$' Attorney D to Verified by: r G omez, C tanning Director Underscore notes new language S#e~# denotes deleted language T:\AGENDA\2008\October 7\Regular\Mech parking ordinance final adopted version rev.doc 6 COMMISSION ITEM SUMMARY An Ordinance proposing an amendment to the Land Development Regulations of the City Code 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. Condensed Title: Key Intended Outcome Supported: Increase satisfaction with neighborhood character; quality of life. Supporting Data (Surveys, Environmental Scan, etc Development construction was ranked No. 5 by residents as one of the changes that will make Miami Beach a better place; 77% of residents say availability of parking across Miami Beach is either too little or much too little. Should the City Commission adopt the proposed ordinance, to allow mechanical parking devices to satisfy City Code required off-street parking requirements for developments within the City. Issue: Item Summary/Recommendation: SECOND READING PUBLIC HEARING The proposed ordinance would permit mechanical parking systems in the following cases. Main use public parking garages and existing multifamily buildings with a deficiency of parking could use mechanical parking, but with restrictions to prevent extra density or intensity. New construction proposing to use mechanical parking to satisfy parking requirements would have to demonstrate that the mechanical parking would not result in extra density or intensity. Conditional Use approval from the Planning Board would be required in all cases to utilize mechanical systems. As recommended by the Planning Board, the ordinance would permit some private hotel developments in historic districts to use mechanical parking to satisfy parking requirements without the requirements limiting additional density or intensity, by providing 50% of the spaces to be available by the general public. The Administration recommends that the City Commission approve the Planning Board Version of the proposed ordinance, as amended by the Land Use Committee, upon second readin public hearin . Advisory Board Recommendation: At the April 22, 2007 meeting, the Planning Board recommended by a unanimous vote (7-0) that the City Commission approve a different version of the ordinance, including modifications permitting some private hotel developments in historic districts to satisfy required parking with mechanical parking. The Transportation and Parking Committee also recommended that the City Commission approve the ordinance, at its August 4, 2008 meeting. Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact upon the resources of the Ci City Clerk's Office Legislative Tracking: Jorge Gomez or Richard Lorber Sian-Offs: I Department Director I ~ A~sis~ant City Manager ~ City Manager T:\AGENDA\2008\October 7\Regular\Mechanical summary.doc /~ ~ ~ ,~ /~ I ~ C AGENDA ITEM ~~ ~ / ~/ Ii / ~(t `~~ H DATE I~ ~ l) m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager SECOND READING DATE: October 7, 2008 PUBLIC HEARING SUBJECT: MECHANICAL AND ROBOTIC PARKING SYSTEMS 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. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Planning Board recommended version of the proposed ordinance, as amended by the Land Use and Development Committee, upon second reading public hearing. BACKGROUND In recent years, more interest has been shown in the possible use of mechanical parking lifts or robotic type parking systems, to be used within parking garages in Miami Beach. Since the City Code does not make provision for mechanical lifts, and such spaces created by the lifts would not be in strict conformitywith the parking design standards in the Code, requests for mechanical lifts had been in the past directed to the Board of Adjustment as variance applications. These variance requests were denied by the Board, in part because of concerns raised by Planning Department staff. However, interest has continued to grow, and last year the Commission adopted an ordinance permitting the use of robotic parking systems in main use public City garages. This could encourage the use of new technology to increase the availability of parking spaces within the City, which otherwise would be constrained and limited by land availability. The Planning Board has held a number of parking workshops, and has requested staff to draft an ordinance addressing mechanical parking. This proposed ordinance could extend the use of such technology to enhance parking availability, while guarding against the potential of overdevelopment which might be connected with the use of such mechanical parking systems. City Commission Memorandum Mechanical Parking Ordinance October 7, 2008 Page 2 ANALYSIS Positive benefits As the City is perennially short on parking, and allowing more parking spaces to be constructed would help address the parking shortage, the idea has been put forward that the City should permit the use of mechanical parking systems. Design Considerations The Historic Preservation Board has recommended parking lifts in certain development approvals within local historic districts, in part, so that the architecture of new development could be modified to reduce the appearance and profile of parking pedestals or structures. Public Parking Garages Certainly, for public parking garages, whether operated by the City or by private parking operators, the use of mechanical systems could greatly increase the amount of parking spaces that are available for use to the general public. By using robotic mechanical parking elevator systems, in order to place many more cars into a smaller space than would normally be feasible for a traditional garage, main-use commercial parking garages would be able to maximize the number of parking spaces offered to neighborhood businesses and residents. Planning concerns about overdevelopment In spite of the positive benefits detailed above, the Planning Department has been concerned that the approval of mechanical parking lifts could set a precedent, and could trigger a wave of such requests, which could have the effect of increasing density and intensity of development within the City. Especially in cases where parking lifts are used to satisfy the parking requirements for new developments, the use of lifts could double ortriple the amount of dwelling units or commercial floor area a new development might be able to construct. This scenario would have the negative effect of increasing density and intensity of development, which runs counter to the City's growth management goals. Often, it is the parking requirement that is the limiting factor on new development, where a certain FAR or maximum building height could not be reached without the ability to provide the requisite number of parking spaces. The Department's concern has been that through the use of parking lifts to satisfy parking requirements for new construction, great increases in density and intensity could be the result. Planning Department staff has recommended that any ordinance permitting the use of mechanical or robotic parking mechanisms in order to increase parking capacity be crafted in such a way that would not allow these systems to be used to satisfy off-street parking requirements. Alternatively, if the City were to permit the use of mechanical parking to satisfy parking requirements, it should be limited in such a way that increases in density and/or intensity over and above what could have been realized through conventional parking would not be permitted. Draft Ordinance Permitting Mechanical Parking Systems The draft ordinance that has been prepared is an attempt at balancing the beneficial uses for mechanical parking with the complex issues related to zoning, development regulations, City Commission Memorandum Mechanical Parking Ordinance October 7, 2008 3 historic preservation, traffic and congestion, and other areas of importance to the City and the Planning Board. Definitions Created The draft ordinance creates standardized definitions for each aspect of the new parking technology. a) Mechanical Parking means Mechanical Parking Lifts, Robotic Parking Systems, and/or Vehicle Elevators. b) Mechanical Parking Lift 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 Elevatormeans an elevator used for motor vehicles in lieu of ramps within a parking structure. Permitted Mechanical Parking Systems The ordinance would permit mechanical parking systems in the following cases. In each case below, Conditional Use approval from the Planning Board would be required to utilize such mechanical systems. Proposed Criteria: Planning Board Conditional Use review of mechanical parking systems Use of mechanical parking devices, robotic parking systems and/or vehicle elevators under any of the provisions of this section shall require Conditional Use approval from the Planning Board. The Planning Board shall consider the following review criteria when considering each application for the use of mechanical parking systems: 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 the proper restrictive covenants limiting the use of each lift to the same unit owner has been provided; City Commission Memorandum Mechanical Parking Ordinance October 7, 2008 4 f) In cases where mechanical parking lifts are used for valet parking; whether the proper restrictive covenants stipulating that a valet service or operator must be provided for such parking for so long as the use continues has been provided; 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 accessory uses are in proportion to the facility as a whole, are planned to address delivery of merchandise and removal of refuse, and any additional impacts upon the surrounding neighborhood created by the scale and intensity of the proposed accessory uses are adequately addressed. Additional criteria for mechanical parking systems: Added by Land Use and Development Committee -September 22, 2008 The Land Use and Development Committee met on September 22, 2008, following a field visit by Mayor Bower to a parking garage in Sunny Isles Beach using mechanical lifts. As a result of the Mayor's concerns, the following additional requirements for mechanical parking systems were added to the proposed ordinance: a) The noise or vibration from the operation of mechanical parking lifts, car elevators, or robotic parking systems shall not be plainly audible to orfelt by any individual standing outside an apartment or hotel unit at any adjacent 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 garage; 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; City Commission Memorandum Mechanical Parking Ordinance October 7, 2008 Page 5 e) The ceiling heights of any parking level with parking lifts within the parking garage shall be a minimum of 11'-6"; f) All parking lifts shall only be operated using a spring loaded Underwriters Laboratories (UL) approved Key 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, and use up-to-date parking lift technology; at a minimum, chain driven lifts shall be prohibited. Main Use Public Parking Garages Commercial parking garages as a main use on a separate lot would be permitted to utilize mechanical parking devices, robotic parking systems and/or vehicle elevators, subject to all other provisions the City Code, regarding such issues as design, screening of parking spaces and cladding with active uses. However, such garages would not be able to use the mechanical parking spaces for satisfying required parking for uses on a separate property. This idea is to reduce the potential for overdevelopment through the use of mechanical garages. The provision may be waived through the use of the procedures detailed below for approving new developments. Existing Multifamily Buildings Existing multifamily buildings with a deficiency of parking would be allowed to use mechanical parking devices within the space of the existing parking structure area. All parking lifts would be required to be located within a fully enclosed parking garage and would not be permitted to be visible from exterior view. No outside parking lifts would be permitted. Also, importantly, the increase number of parking spaces as a result of mechanical parking permitted by this ordinance will not allowed to be used to satisfy any accessory off-street parking requirements, for example, for new accessory restaurants, retails stores, or other uses requiring parking. This provision is important to prevent unwanted density or intensity of development, while still allowing buildings to address their parking deficiencies for their residents. New Projects - To Satisfy Parking Requirements Projects proposing to use mechanical parking systems, either as robotic parking systems, vehicle lifts, and/or vehicle elevators, to satisfy parking requirements will need to follow a specified procedure, in order to ensure that no increase in density or intensity will result from the use of mechanical parking. City Commission Memorandum Mechanical Parking Ordinance October 7, 2008 6 Under this plan, the applicant will need to prepare two sets of architectural plans for review by the applicable Land Use Board (Design Review or Historic Preservation Board). (1) One set of plans showing 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 the City Code, and requiring no variances from these provisions; and, (2) A second set of plans, showing 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 plans will be reviewed by Planning Department staff for zoning compliance. If the conventional plans meet the requirements of the design standards of the City Code, then the total number of parking spaces shown on the plans will be noted. Then, the project would through the approval process using the second set of plans, using mechanical parking. However, the residential density and the intensity of the uses permitted for the proposed project, will not be allowed to exceed that which would have been allowed using the number of parking spaces noted on the first set of plans using traditional parking. The ordinance contains a provision whereby no variances to this rule would be allowed. This procedure would also be applicable to projects which proposed to use parking in an off site main use garage using mechanical parking systems to satisfy parking requirements. The idea behind the procedure described by the ordinance would be to allow the use of mechanical parking, in order to address design issues such as the height of pedestal setbacks, while avoiding the potential for overdevelopment inherent in the use of more efficient mechanical parking systems. Planning Board Modifications to the Draft Ordinance -Hotels in Historic Districts During the Planning Board discussions, representatives of a new hotel project proposed that the ordinance be drafted in such a way that new hotels in historic districts could utilize main- use garages using mechanical parking to satisfy parking requirements. Planning Department staff has analyzed this concept, and determined that if it is the intention of the City to encourage more new hotel construction within historic districts, then this kind of provision would provide an incentive for such development. It would remove potential obstacles to development and make it easier to satisfy required parking for new hotel projects in the historic districts. The Planning Board reviewed the proposal from the hotel developers, represented by Mr. Michael Larkin, and agreed to recommend the inclusion of their desired changes to the Commission. The Planning Board's recommended version of the ordinance would permit mechanical parking spaces to be used to satisfy required parking for new hotel developments within historic districts, as long as half of the spaces in the parking garage are reserved for use by the general public. The mechanical parking would be allowed to satisfy parking requirements for the hotel rooms, and for accessory uses such as retail, auditorium, ballroom, convention hall, gymnasiums, spa, meeting rooms or other similar places of City Commission Memorandum Mechanical Parking Ordinance October 7, 2008 Page 7 assembly. It could not be used to satisfy the parking requirements for restaurants, alcoholic beverage establishments, or suites hotels (hotel rooms with full kitchens). FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. PLANNING BOARD ACTION At the April 22, 2007 meeting, the Planning Board recommended by a unanimous vote (7-0) that the City Commission approve the ordinance including the modifications proposed by Mr. Larkin described above, permitting some private hotel developments to satisfy required parking with mechanical parking. That ordinance language is contained attached ordinance, entitled "Planning Board Recommended Version". TRANSPORTATION AND PARKING COMMITTEE ACTION At the August 4, 2008 meeting, after a presentation of the proposed ordinances, the Transportation and Parking Committee recommended that the City Commission approve the Planning Board version of the ordinance, which includes the modifications proposed by Mr. Larkin described above. CITY COMMISSION ACTION At the June 25, 2008 meeting, the City Commission, approved the Planning Board version of the ordinance on first reading and referred the matter to the Land Use and Development Committee between first and second reading. At its September 10, 2008 meeting, the City Commission also referred the matter back to the Land Use and Development Committee for further refinement. LAND USE AND DEVELOPMENT COMMITTEE At the August 14, 2008 LUDC meeting, the Committee discussed both versions of the proposed ordinance; the discussion centered on the desire to encourage new hotel development in historic districts, and the public benefit that would result by requiring 50 percent of the mechanical parking spaces to be provided as general commercial parking available to the public. The Committee voted to approve the Planning Board version of the proposed ordinance, with a further modification limiting the use of mechanical parking in stand-alone garages to satisfy parking requirements for specified private hotel developments to within 300 feet of the subject hotel projects, in order to discourage speculation and demolition by neglect of contributing structures within historic districts. At the September 22, 2008, LUDC meeting, the Committee discussed a field visit by Mayor Bowerto a parking garage in Sunny Isles Beach using mechanical lifts, and added additional requirements for mechanical parking systems to address concerns with noise, vibration and maintenance, which are detailed above and included in the attached ordinance. CONCLUSION The Administration recommends that the City Commission adopt the "Planning Board Version" of the proposed ordinance upon second reading public hearing. Pursuant to City Commission Memorandum Mechanical Parking Ordinance October 7, 2008 Page 8 Section 118-164(4) of the City Code, an affirmative vote offive-sevenths shall be necessary in order to enact any amendments to the Land Development Regulations. „- rl~i~• JMGlTHlJGG//+RGL T:\AGENDA\2008\October 7\RegularUVlechanical Parking memo 2nd 10-07.doc ~~ - °~ m MIAMIBEACH CITY OF MIAMI BEACH a NOTICE OF PUBLIC HEARINGS N NOTICE IS HEREBY given that second readings and public hearings will be held by ~; - the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission J '! ~ Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, __ ' on Wednesday, September 10, 2008, to consider the following: ~I x 10:40 a.m. V i An Ordinance Amending The land Development Regulations Of The City Cade 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 Attid'fbbotic Perking Systems To Be Used In Order To o ' Parkin R wrements. Satisfy g eq ~i A = i Inquiries may be directed to the Planning Department at (305) 673-7550. .q ~ . 11:00 s.m. m An Ordinance Amending Chapter 106 Of The City Code Entitled "Traffic And Vehicles"; E; By Amending Article X, Entitled "Pedicabs" By Amending Section 106-465 Entitled "Operations" To Require Pedicab Driver's Permits And Providing Regulations, Enforcement Provisions, And Fines And Penalties Relative Thereto And Renumbering The Subsections In Section 106-465, Accordingy. Inquiries may be directed to the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by en agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City HaN, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive,1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Percher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that 'rf a person decides to appeal any decision made by the City Commission with respect to any matter considered at Rs 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 ft authorize challenges or appeals not otherwise atknved by law. To request this material in accessible format, sign language interpreters, infomtation on access for persons with disabilRies, andlor any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) B73-7218 (TT Y) five days in advance to initiateyour request. TTY users may also call 711 (Florida Relay Service). Ad X800