2013-3802 Ordinance SUNSET HARBOUR RESIDENTIAL_PARKING REQUIREMENTS
ORDINANCE NO. 2013-3802
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS,"
SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICTS NOS. 29 3, 4 AND 5," BY AMENDING THE
PARKING REQUIREMENTS FOR SUNSET HARBOUR PARKING
DISTRICT NO. 5 FOR RESIDENTIAL AND LIVE-WORK TYPE USES;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Sunset Harbour neighborhood, as delineated by the boundaries
in this ordinance is a neighborhood in transition from the light industrial uses that
originally occupied the area, to an area of mixed uses, including residential; and
WHEREAS, is it is desirable to have low scale,. residential development,
particularly as part of the adaptive re-use of existing structures; and
WHEREAS, the purpose of these regulation is to provide incentives for a low-
scale, neighborhood friendly residential development where people and commerce can
exist side-by-side; and
WHEREAS, the required parking as currently established in the Land
Development Regulations of the City Code is one of the obstacles to incorporating low
scale, residential development in the area and to a more pedestrian-friendly
neighborhood; 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. City Code Section 130-33 "Off-Street Parking Requirements for Parking
Districts 2, 3, 4, and 5" is hereby amended as follows:
Section 130-33. Off-Street Parking Requirements for Parking Districts 2, 3, 4 and 5.
(a) Except as otherwise provided in these land development regulations, when any
building or structure is erected or altered in parking districts nos. 2, 31 4 and 5
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:
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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. Designated Guest parking: Developments of 20 units or less shall have
not designated guest parking requirements. Multi-family buildings and
suites-hotels with more than 20 units shall be required to provide
supplemental designated guest parking equal to ten percent of the
required residential parking spaces.
d. For apartment buildings located within parking district no. 5, there shall
be no designated quest parking requirement; there shall be no parking
requirement for existing structures utilized for residential apartments; 1
space per unit for new construction and/or additions utilized for
residential apartments.
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 re-
numbered or re-lettered 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 5th day of June , 2013.
AY R
ATTEST: Phi E3
CITY CLERK INCORP ORATED'
APPROVED AS TO FORM
AND LANGUAGE
6' AND FOR EXECUTION
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First Reading: May 8, 2013
Second Reading: June 5, 2013.
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Verified By:a -glz-z��
Richard G. Lorber, AICP
Acting Planning Director
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COMMISSION.ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying Parking District #5 in the Sunset
Harbour area to allow parking reductions for certain types of low scale residential uses.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING
The proposed Ordinance would modify Parking District#5 in the Sunset Harbour area to allow parking
reductions for certain types of low scale residential uses.
The Ordinance was approved at First Reading on May 8, 2013.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On April 3, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a
vote of 7-0.
Financial Information:
Source of Amount Account
Funds: 1
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. Given the limited opportunities for residential adaptive re-use within
parking district No. 5, the proposed Ordinance is not expected to reduce the revenues to the City
generated by fees in-lieu of parking. Balanced against a potential loss of parking impact fee revenue
is the potential for increases in the property tax base and income from permits and fees that may be
associated with an increased level of residential adaptive re-use in the Sunset Harbour
neighborhood.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign-Offs:
Department Director AssiLstant City M a er City Manager
Vy
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AGENDA ITEM R5704
MIAMIBEACH DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me bers of t City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 5, 2013
SECOND READING
SUBJECT: Residential Parking Requirement for Sunset Harbour Area
ANORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130, "OFF-STREET
PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-33
"OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS
NOS. 29 3, 4 AND 5," BY AMENDING THE PARKING REQUIREMENTS FOR
SUNSET HARBOUR PARKING DISTRICT NO. 5 FOR RESIDENTIAL AND
LIVE-WORK TYPE USES; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
On December 12, 2012, the City Commission adopted an Ordinance amendment
creating Parking District No. 5 for the Sunset Harbour neighborhood. The subject
ordinance reduced or eliminated required parking for certain types of small commercial
businesses. It also set a lower threshold for Neighborhood Impact Establishments,
requiring Planning Board review of restaurants over 100 seats/125 persons occupancy;
previously such review was for 300 persons occupancy or more. The reduction of
parking requirements resulting from this Ordinance was necessitated by the extreme
difficulty of actually providing parking on-site within this constrained neighborhood. The
policy of reducing parking requirements for small businesses is warranted now that the
Sunset Harbour garage is operational.
As part of the discussion on this Ordinance, the Commission referred a separate
discussion item, pertaining to parking reductions for certain types of urban residential,
`Live-Work' uses, mostly included in adaptive re-use projects, to the Land Use and
Development Committee. The Land Use Committee discussed the item on December
19, 2012 and referred the subject Ordinance to the Planning Board for consideration.
ANALYSIS
The original Sunset Harbour, Parking District No. 5 Ordinance did not exempt residential
or office uses from meeting parking- requirements, as they have a different parking
Commission Memorandum
Residential Parking Requirements for Sunset Harbour Area
June 5, 2013 Page 2 of 3
characteristic from retail. Persons shopping and dining tend to come and go throughout
the day and evening, while office employees tend to stay parked all day long, and
residents must find parking nearby each evening.
Nevertheless, an initiative to explore parking reductions for certain types of residential
uses was proposed by the City Commission during the discussion of the original Sunset
Harbour Ordinance. In this regard, the adaptive re-use of existing buildings into live-work
or residential spaces is a very worthwhile initiative, as it encourages people to live above
or within their work place. Such close proximity of work and home can have positive
benefits such as reducing the intensity of the district (depending on the type of work that
would be permitted), decreasing the need for parking spaces and possibly reducing the
carbon footprint by eliminating the need for vehicles that would be necessary to go to
and from work.
Now that the Sunset Harbour parking garage is completed and operational, the concept
of tangible parking reductions for certain types of residential uses can be further
explored, with the expectation that individuals will find parking in the nearby public
parking garage. This type of initiative could be used as an incentive to either adaptively
re-use existing buildings, or to foster the development of more low-scale, less intense,
new construction projects. However, this type of use would likely not become
predominant, as the number of buildings and properties within the Sunset Harbour
parking district that would be available for `Live-Work' or residential uses and
conversions is limited.
At the December 19, 2012 meeting of the Land Use Committee, consensus was reached
on the practicality of creating some reductions in the off-street parking requirements for
certain types of residential uses in the Sunset Harbour area. Specifically, the Land Use
Committee directed staff to prepare an Ordinance establishing a parking requirement of
1 space per unit for the new construction of residential units and no parking requirement
for residential adaptive reuses.
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it
to the City Commission with a favorable recommendation by a vote of 7 to 0.
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. Given the limited
opportunities for residential adaptive re-use within parking district No. 5, the proposed
Ordinance is not expected to reduce the revenues to the City generated by fees in-lieu of
parking. Balanced against a potential loss of parking impact fee revenue is the potential
for increases in the property tax base and income from permits and fees that may be
associated with an increased level of residential adaptive re-use in the Sunset Harbour
neighborhood.
SUMMARY
The proposed ordinance was approved at First Reading on May 8, 2013. The
Ordinance addresses the policy direction of the Land Use Committee, as well as the
intent of the full Commission when it was referred the item last December. The
Commission Memorandum
Residential Parking Requirements for Sunset Harbour Area
June 5, 2013 Page 3 of 3
Administration believes that the Ordinance strikes a good balance between encouraging
the adaptive re-use of smaller scale structures for residential use, while ensuring that
larger residential projects will provide adequate parking spaces.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
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20NE I THURSDAY,MAY 23,2013 NE
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
E
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City
of Miami Beach,Florida,in the Commission Chambers,3rd Floor,City Hall,1700 Convention Center Drive,
`ami Beach.Florida,on Wednesday,June 5,2013 to consider the following:
1045 a.m. ?
Sunset Harbour Residential Parking Requirements
An Ordinance Amending The Code Of The City Of Miami Beach,Florida By Amending Chapter 130, i
"Off-Street Parking,"Article II"District;Requirements,"Section 130-33"Off-Street Parking Requirements
For Parking Districts Nos.2,3,4 And 5,"By Amending The Parking Requirements For Sunset Harbour
Parking District No.5 For Residential And Live-Work Type Uses;Providing For Codification;Repealer;
Severability;Applicability;And An Effective Date.
3
Inquiries may be directed to the Planning Department at(305)673-7550. f
12:00 p.m, i
An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 62,Entitled '
l
"Human Relations,"By Amending Article III, Entitled"Domestic Partnerships,"By Amending Section
62-128, Entitled "Employment Benefits" To Add Section 62-128(d) To Provide Tax. Equity To City
Employees With Domestic Partners Enrolled In The City's Health And Dental Plans Who Currently Bear
A Disproportionate Tax Burden Over That Of Their Married Counterparts.
Inquiries may be directed to the Human Resources Department at(305)673-7524.
5:00 p.m.
Afton Road Historic District Buffer Overlay:
An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,
"Zoning Districts And Regulations,"Article fit, "Overlay Districts,"Creating Division 8"Alton Road-
Historic District Buffer Overlay,"By Including Section 142-858"Location And Purpose,"And Section
142-859"Development Regulations,"Including Among Other Provisions Regulations On Maximum Floor I
Area Ratio;Maximum Building Height;Minimum Setbacks;Building Separation;Demolition Or Additions
To Contributing Buildings In A Historic District;And Land Use Regulations For Location Of Retail Uses,
Restaurants,Bars,Entertainment Establishments,Alcoholic Beverage Establishments And Similar Uses;
Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq.Ft.;And Prohibiting Alcoholic
Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The
Ordinance;Providing For Codification;Repealer,Severability;And An Effective Date. ;
Inquiries may be directed to the Planning Department at(305)673-7550.
5:05 P.M.
Afton Road Parking District No,6:
An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 130
Off-Street Parking,Article If"Districts;Requirements,"Section 130-31 "Parking Districts Established,"
Creating A New Parking District No. 6, And Section 130-33 "Off-Street Parking Requirements For
Parking Districts Nos.2,3 And 4,"By Adding New Parking Regulations For Parking District No.6,For
Properties With A Lot Line On Alton Road From 5th Street To Dade Boulevard,Including A Reduction In i
Off-Street Parking Requirements For Certain Land Uses And Bicycle Parking Requirements;Providing For
Codification;Repealer,Severability;And An Effective Date.
Inquiries may be directed to the Planning Department at(305)673-7550.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express
their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,
1 st Floor,City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection l
during normal business hours in the City Clerk's Office,1700 Convention Center Drive,1 st Floor,City Hall,
Miami Beach,Florida 33139.This meeting may be continued,and under such circumstances additional
legal notice will not be provided. i
Rafael E.Granada,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its 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 it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons
with disabilities and/or any accommodation to review+any document or participate in any City-sponsored
proceeding,please contact us five days in advance at(305)673-7411(voice)or TTY users may also call
the Florida Relay Service at 711.
Ad ff 781
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