2009-3667 OrdinanceORDINANCE NO. 2009-3667
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 130, "OFF STREET PARKING",
ARTICLE III, "DESIGN STANDARDS", BY AMENDING
SECTION 130-70(7), TO ALLOW FOR ADDITIONAL
EXTENSIONS OF TIME FOR TEMPORARY PARKING
LOTS; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update the requirements of
the Land Development Regulations of the Code of the City; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the
design and permitted duration of temporary parking lots; and
WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements to allow for the development of parking opportunities
in those areas where public and private opportunities are hindered by existing conditions;
and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1.
Section 130-70(7) of the Land Development Regulations of the Code of the City of Miami
Beach, Florida is hereby amended as follows:
Sec. 130-70. Temporary parking lot standards.
(7) Temporary parking lots shall not be permitted to exist for a period of time greater
than three years from the date of certificate of occupancy or occupational license
business tax receipt), whichever occurs first, regardless of ownership. At the end of
this period, or such extensions that may be granted as contemplated herein, if the lot
continues to be used for the purposes of parking, a permanent lot shall be
constructed in conformity with these land development regulations; however, priorto
expiration, or not later than 90 calendar davs after the expiration of such approval
an applicant may request from the planning board one initial extension of time for a
period not exceeding two years.
In granting the initial extension of time, or considering an appeal from the planning
director's decision regarding an extension of time (as provided below), the board
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shall consider, among other things, whether the applicant has complied with all of the
applicable requirements of these land development regulations, and any conditions
imposed by the planning board, if any, during its period of operation, as well as any
landscaping on the property that may not be in compliance with the requirements
listed below. The notice of public hearing requirements shall be as set forth in
chapter 118, article IV.
a~eue-After the +~+t+al first extension of time, and prior to expiration, or not later than
90 calendar days after the expiration of such approval, #~ie an applicant may request
from the planning director not more than five extensions of time for periods not to
exceed one year each. In considering a request for an extension of time, the director
shall consider the same criteria considered by the planning board as specified
above. ~~^°^++h.~4 in +he flAYG die+rin+ fnr ~v,.,rn~ic.~1 +erv~nnr~ni ...~rLi.,n In+c. evi~4i~..
nc r.f Ce..~e.v,her 7Q ~nnn 4h.~+ f~no (~i+llir~e A~ieni ~e
e f o
An applicant may request from the planning board; a further extension of time for a
period not to exceed two years for approved temporary parking lots that have held a
Temporary Parking Lot License (n/k/a business tax receipt), if they have availed
themselves of all applicable extensions of time, and are expiring no later than July
31, 2011, inclusive of parking lots in the MXE (east side of Collins Avenue)
district. When requesting the additional two-year extension of time from the
Planning Board, the applicant shall comply with the setback requirements for parking
lots in the underlying zoning district, as determined by the Planning Director, and
satisfy the the landscaping requirement for permanent
parking lots. After this two-year extension, no more than three one-year extensions
may be requested from the planning director.
~~_
At the end of all applicable extensions of time for a temporary parking lot the lot
is developed for a use permitted in the zoning district. The owner of the property
shall be responsible for maintaining such property and the landscaping A plan for a
recurring maintenance schedule that includes but is not limited to cleaning the lot
clipping of hedge material removing and replacement of dead plant material
fertilization and irrigation shall be submitted to and approved by the planning
department as part of the last administrative request for extension of time
The decision of the director with respect to an extension of time may be appealed by
the applicant to the planning board. The appeal shall be in writing and shall be
submitted to the planning director on or before the 20th day after the date of the
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decision of the planning director. Review of the decision of the planning board shall
be to a court of competent jurisdiction by petition for writ of certiorari.
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 relettered 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. 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 9th day of December , 2009.
A R
AT ST: Matti Herrera Bower
c~ a~,~
CITY CLERK
Robert Parcher
First Reading: October 14, 2009
Second Read' g: ecember 9, 2009
Verified by:
Richar G. Lorber, AICP
Acting Planning Director
APPROVED AS TO
FOR LANGUAGE
& EXECUTION
12~I~p9
Underscore denotes new language
S~t+~et#ra+~,}I~ denotes deleted language
Bold denotes new language added at CC101409
T:WGENDA\2009\December 9\Regular\Temporary Parking Lots Extension of Time (Amendment).doc
to
3 of 3
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending Section 130-70(7),
of the Cit Code, "Off Street Parkin ", To Allow For Additional Extensions Of Time For Tem ora Parkin Lots.
Ke Intended Outcome 5u orted:
Increasing parking availability across the City.
Supporting Data (Surveys, Environmental Scan, etc
Three-quarters of all residential respondents, 77.2%, reported "too little" parking is currently available
throughout the City. An increased percentage of respondents indicated "they (customers and/or
employees) are almost never able to find a (parking) place nearby" (moving to 52.6% in 2009 from 40.0%
in 2007).
Issue:
Shoufd the City Commission adopt the proposed ordinance that would extend the time period for temporary
parking lots for potentially 5 more years.
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
Currently the Land Development Regulations (LDRs) of the City Code permit temporary parking lots to exist for a
period of three years, but allows an applicant to seek an extension at the end of this period from the Planning Board,
at a public hearing, an extension of time not to exceed two years. The Planning Board must consider whether the
applicant has complied with all of the applicable requirements of the LDRs, inclusive of existing landscaping. After
the initial extension of time by the Planning Board, the applicant may request from the Planning Director five
extensions of time for periods not to exceed one year each. An exception exists for existing temporary parking lots in
the MXE district facing Collins Avenue which was adopted by the City Commission in December 2004, which allows
an applicant to request a further extension of time for a period not to exceed two years from the Planning Board. The
Planning Board, as well as with prior extensions of time, must consider the extent to which the existing or proposed
landscaping on the property satisfies the landscaping review criteria. After this two-year extension, no more than
three one-year extensions may be requested from the Planning Director. An applicant may request from the planning
board a further extension of time for a period not to exceed two years for approved temporary parking lots that have
held a Temporary Parking Lot License (n/k/a Business Tax Receipt), and which have availed themselves of all
applicable extensions of time (limited to lots expiring no later than July 2011), and three one-year extensions from the
Planning Director.
The Administration recommends that the City Commission adopt the proposed ordinance upon second
reading~ublic hearing.
Advisory Board Recommendation:
At the February 24, 2009 meeting, the Planning Board also reviewed an ordinance that would permit the
proposed five-year exception on a citywide basis and by a vote of 5-2, recommended approval, but only
for those temporary parking lots that currently exist.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
In 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 evaluated the long term economic impact (at least 5 years) of this proposed legislative
action and determined that the proposed Ordinance may increase the potential fees collected via
Business Tax Recei t as the ordinance would extend the time certain existin arkin lots ma o erate.
Ci Clerk's Office Le islative Trackin
Richard Lorber or Mercy Lamazares
Si n-Offs:
Department Director Assistant City anager _ City Manager
s2o -
J~, ,~ ~ AGENDA ITEM ~ ~~
~- / y/ ~ ~ ~ ~~ H DATE I Z ~'~ ~7
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 9, 2009
Second Reading Public Hearing
SUBJECT: Temporary parking lots - amendment to the 10-year limit
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 130, "OFF STREET
PARKING", ARTICLE III, "DESIGN STANDARDS", BY AMENDING
SECTION 130-70(7), TO ALLOW FOR ADDITIONAL EXTENSIONS OF
TIME FOR TEMPORARY PARKING LOTS; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance
upon second reading public hearing.
BACKGROUND
At the January 27, 2009 meeting the Planning Board reviewed an application submitted by
South Beach Heights I, LLC requesting to amend Section 130-70(7) of the Land
Development Regulations of the City Code extending the maximum time period where a
Temporary Parking Lot is permitted to exist in the CD-2, Commercial Medium Intensity
Zoning District on Alton Road between 5th Street and Lincoln Road.
At the same meeting, the Planning Board requested that an ordinance that would apply
citywide should be drafted for their review and recommendation.
ANALYSIS
Currently the Land Development Regulations (LDRs) of the City Code permit temporary
parking lots to exist for a period of time no greater than three years. At the end of this period,
but prior to expiration, an applicant may request from the Planning Board, at a public
hearing, one initial extension of time for a period not exceeding two years. In granting the
initial extension of time, the Planning Board considers, among other things, whether the
applicant has complied with all of the applicable requirements of the LDRs during its period
of operation, as well as any landscaping on the property that may not be in compliance with
the requirements of the Code. After the initial extension of time by the Planning Board, the
City Commission
1920 -Temporary Parking Lots
December 9, 2009 Page 2
applicant may request from the Planning Director not more than five extensions of time for
periods not to exceed one year each. The total period of time a temporary parking lot can
exist, including all extensions of time, is ten years.
Currently an exception exists for existing temporary parking lots in the MXE district facing
Collins Avenue which was adopted by the City Commission in December 2004. This
exception allows an applicant to request from the Planning Board a further extension of time
for a period not to exceed two years. The Planning Board, as well as with prior extensions of
time, must consider the extent to which the existing or proposed landscaping on the property
satisfies the landscaping review criteria. If existing or proposed landscaping is below the
specified criteria, the Planning Board may impose conditions to satisfy the landscaping
deficiencies. After this two-year extension, no more than three one-year extensions maybe
requested from the Planning Director. Pursuant to this exception, the total time of temporary
parking lots in the MXE district fronting including all extensions of time is 15 years. Two
temporary parking lots -1155 and 1201 Collins Avenue -benefited from this exception; their
time for operating the lots will expire in October 2009.
With regard to the two parking lots located in the MXE district, development projects were
proposed within the last two years. One of the projects was a hotel with accessory uses and
the other project was a mechanical parking garage that would provide the required parking
for the hotel and for general public use. Due to the general state of the economy and
depressed financial markets, these projects are not going forward.
The owner of 650 Alton Road made application to the Planning Board to amend the Code to
enable the temporary parking facility, which expired in 2008 after aten-year existence to
continue operating. An affiliate of the applicant also owns the property across the street,
663 Alton Road, which was licensed as a temporary parking lot, but has since expired. The
two other temporary parking facilities - 721 Alton Road and 824 Alton Road -are due to
expire within the next two years.
The elimination of parking spaces is a concern because of the already existing shortage. As
existing temporary parking lots come to an end, the removal of these surface parking lots
from the inventory creates a shortage of spaces. Although there is also a concern that
proposed change may be a deterrent to the improvement or development of such properties,
the uncertainty of the economy at this time and depressed financial markets may delay
construction of any new projects.
The proposed amendment would extend the life of Temporary Parking Lots for five more
years beyond what is currently permitted. In this sense, the Administration believes the
amendment balances the needs of the City as a whole and the needs of the property owner
for a short period of time. Attached to this memorandum is a list of previously and currently
licensed temporary parking lots and a map showing their location.
LAND USE AND DEVELOPMENT COMMITTEE
The Land Use and Development Committee reviewed the proposed ordinance at its July 1,
2009 meeting and recommended that the Administration bring forth the Citywide version of
the ordinance and allow the further extension of time for temporary parking lots provided the
lots comply with the setback and landscaping standards for permanent parking lots.
City Commission
1920 -Temporary Parking Lots
December 9, 2009 Page 3
PLANNING BOARD ACTION
At the February 24, 2009 meeting, the Planning Board also reviewed an ordinance that
would permit the proposed five-year exception on a citywide basis and by a vote of 5-2,
recommended approval, but only for those temporary parking lots that currently exist.
CITY COMMISSION ACTION
At the October 14, 2009 meeting, the City Commission approved the proposed ordinance on
first reading, making amendments clarifying that this ordinance applied to the existing lots in
the MXE District on the east side of Collins Avenue, clarifying the required landscape
requirements, and limiting the ordinance to only those lots which expire no later than to July
2011.
FISCAL IMPACT
In 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 evaluated the long term economic impact (at
least 5 years) of this proposed legislative action and determined that the proposed
Ordinance may increase the potential fees collected via Business Tax Receipt as the
ordinance would extend the time certain existing parking lots may operate.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed ordinance, as
amended, upon second reading public hearing.
Pursuant to Section 118-164(3) of the City Code, when a request to amend these land
development regulations 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. The notice of proposed enactment shall
state the date, time and place of the meeting; the title or titles of proposed ordinances; and
the place or places within the city where such proposed ordinances may be inspected by the
public. The notice shall also advise that interested parties may appear at the meeting and be
heard with respect to the proposed ordinance.
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.
The required advertisements shall be no less than two columns wide by ten inches long in a
standard size or tabloid size newspaper, and the headline in the advertisement shall be in a
type no smaller than 18 point.
JMG/J /RGL/ML
Attachments
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