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98-3115 ORD ORDINANCE NO. 98-3115 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY: AMENDING SECTION 7, ENTITLED "PARKING REGULATIONS", AMENDING SUBSECTION 7-5, ENTITLED "DESIGN STANDARDS" BY REQUIRING THAT CERTAIN PARKING LOTS OR PARKING GARAGES ARE SUBJECT TO CONDITIONAL USE APPROVAL AND BY PROVIDING FOR EXTENSION PERIODS FOR THE OPERATION OF TEMPORARY PARKING LOTS. PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has identified the need for better scrutiny of Parking Lot or Parking Garage operations in certain instances; and, WHEREAS, the City of Miami Beach desires to maintain a high quality of life for residents living in the vicinity of Parking Lots and Parking Garages; and, WHEREAS, the City Commission has determined the need for alternatives for providing additional parking without the burden of permanent parking lot construction; and, WHEREAS, the amendment set forth below is necessary to ensure 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. That Subsection 7-5, entitled "Design Standards" of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 7-5 DESIGN STANDARDS. * * * I. Commercial and non-Commercial Parking Lots as a main Use on a separate Lot shall be subject to the following regulations, in addition to the other regulations of Subsection 7-5. 1. The required Front and Rear Yards shall be those of the underlying district. 2. The required Side Yards shall be as follows: 1 ~ Lot Width I Side Yard setbacks (a) 55 feet wide or less 2 feet between 56 and 100 feet, 5 feet (b) inclusive (c) greater than 100 feet 10 feet 3. Lots which are 55 feet wide or less may have 900 parking stalls measuring 8.5 feet by 16 feet. J. In addition to any other requirements regarding Parking Garages and Parking Lots contained herein. no Commercial or non-commercial Parking Garage or Parking Lot. including Temporary and Provisional Parking Lots. located on a Lot: ill upon which parking is the exclusive Use, (ill which may lawfully operate after midnight. and (iii) when any portion of the site on which the Parking Lot or Parking Garage is located is within 100 feet of a Residential Use or Residential District. may obtain a Building Permit or Occupational License to operate prior to obtaining a Conditional Use approval in accordance with the procedures specified in Section 17-4 hereof. If a Conditional Use approval is granted. said operation shall comply with all conditions of said approval. Notwithstanding the foregoing. any parking that is provided in a Commercial or non-commercial Parking Garage or Parking Lot within a Commercial Zoning District and that is accessory to a residential Use. exclusive of Hotel Uses. shall not be subiect to the aforedescribed Conditional Use procedures. KJ. Temporary Parking Lot Standards. When permitted, the following standards are established for Temporary Parking Lots: 1. Temporary Commercial or non-commercial Parking Lots may be operated in the MR Marine District, GU Government Use District, MXE or in any commercial district. These Lots may be operated independent of a primary Use. Temporary, non-commercial Lots may be located in the R-PSl-4 and in any multi-family residential district or within the Architectural District as defined in Section 3-2,A of this Ordinance. One Sign per Street frontage is 2 9. If the Lot is paved and not operated on a valet basis, then all parking spaces shall be marked by painted lines or curbs or other means to indicate individual spaces and wheel stops shall be provided. Vehicles shall not back out onto any Street. The size of the parking spaces, back-out areas and exit/interior drives shall not have dimensions less than those required in Section 7-6,A-D of the Zoning Ordinance. Lots operated on a valet basis shall have wheel stops at the edge of the pavement. All wheel stops required in this subsection shall be placed no less than four (4) feet away from each other. 10. There shall be a five (5) 'foot wide, landscaped area bordering the surfaced area along a property line, Street Alley or sidewalk. The front and rear areas shall be landscaped with canopy trees (minimum of two (2) trees per fifty (50) feet of Street and Alley frontage). All landscaped areas shall utilize St. Augustine Grass or planted material acceptable to the Planning and Zoning Department. A two and one half (2~) foot high hedge shall be placed along the side and rear property lines. 11. No interior landscaping is required; however, all landscaping that is placed on the Lot shall be maintained in good condition so as to present a healthy, neat and orderly appearance. 12. Water for irrigation shall be available within fifty (50) feet of all landscaped areas. A hose bib or an in-ground system is acceptable. 13. Prior to the issuance of a Building Permit, the Planning and Zoning Department shall approve the Site Plan and landscaping. Prior to the issuance of an Occupational License, the Department shall approve the placement of landscaping. 14. Surface storm water shall not drain to adjacent property or a public right- of-way. rfthe Public Works Director determines that there is insufficient area to accommodate drainage, he may require that for every 1,000 square feet of surface parking area, there shall be two (2) twenty-four (24) inch diameter round auger holes drilled to a depth of two (2) feet below ground water and 4 permitted. The maximum size of each Sign shall be five (5) square feet per Fifty (50) feet of Street frontage. 2. Parking Lots shall be brought to Grade with no less than one (1) inch of asphalt over a four (4) inch limerock base; however, the Public Works Director may require a six-inch limerock base or thicker asphalt based upon conditions at the Site, the intensity of the Use at the Site or if trucks are intended to be parked on the Site that would require the additional base support. Prior to the issuance of an Occupational License for a Temporary Parking Lot, the Applicant shall submit a maintenance and watering plan which is approved by the Planning and Zoning Department. 3. Should the City Manager find that the operation of a Temporary Parking Lot has an adverse effect on the welfare of surrounding properties, he may revoke the license pursuant to the procedures set forth in Section 20-27 of the Miami Beach City Code upon 48 hour written notification to the Applicant. 4. Use of Temporary Parking Lots shall not be for parking which is required by the Zoning Ordinance. 5. All Lots considered under this Section shall be reviewed pursuant to the Design Review regulations. 6. All Lots located South of Biscayne Street or located in a Residential Zoning District shall require a public hearing pursuant to the Conditional Use procedures as set forth in Section 17-4,C. 7. Prior to the issuance of an Occupational License, a covenant running with the land which lists the applicable requirements of this Section shall be recorded in the public records of Dade County. 8. Temporary Parking Lots shall not be permitted to exist for a period of time greater than three (3) years from the date of Building Permit issuance regardless of ownership. At the end of this period, or such extension period(s) which may be ~ranted as contemplated herein. if the lot continues to be used for the purposes of parking, a permanent lot shall be constructed in conformity with the Ordinance; however, an Applicant may request from the Plannin~ Board initial extension of time for a not two 3 filled with rough, washing, ballast rock, brought to within six (6) inches of an auger hole inlet casting. 15. Any temporary parking lot that is non-conforming to these regulations six (6) months after the Effective Date of this Ordinance or upon the expiration date of an existing Occupational License, whichever is later, shall cease to exist. * * * SECTION 2. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 3. REPEALER. That 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 ofthis Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 27th day of June , 1998. PASSED and ADOPTED this 17th day of June ~ 1998. ff11 MA YOR ATTEST: cfud f ~~ Underlined = new language Strikeout = deleted language = modified language APPROVED AS TO FORM & LANGUAGE & fOR EXECUTION DJG/WGF/JGG F:\PLAN\$ALL\DRAFT _ OR\CONDP ARK.ORD April 14, 1998 May 26, 1998 1st reading 5/20/98 2nd reading 6/17/98 ddf~ ity Attorney S~$' , Date 5 CITY OF MIAMI BEACH :ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 l11p:\\cLmiam i-beach. fl. us COMMISSION MEMORANDUM NO. '38J - Cf 8 TO: Mayor Neisen O. Kasdin and Members of the City Co 'ssion DATE: June 17, 1998 FROM: Sergio Rodriguez City Manager . SUBJECT: Second Rea ng n Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by: Amending Section 7, Entitled "Parking Regulations", Amending Subsection 7-5, Entitled "Design Standards" by Requiring That Certain Parking Lots or Parking Garages Are Subject to Conditional Use Approval and by Providing for Extension Periods for the Operation of Temporary Parking Lots. Providing for Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date. ,. RECOMMENDATION The Administration recommends that the City Commission, upon holding a public hearing, adopt on second reading the proposed Ordinance, as amended. BACKGROUND On January 7, 1998, the City Commission initially referred the matter of extending the time limit requirements of Temporary Parking Lots to the Planning Board. On April 7, 1998, City staff met to evaluate the inherent conflicts of commercial and non- commercial parking lots and garages located and operating in close proximity to residential districts and uses. The Planning Board held a public hearing on April 28, 1998, and voted 6-0, (1 abstention) to recommend approval of the proposed Ordinance. Representatives of the parking industry spoke at the hearing indicating their support for the Ordinance. On May 20, 1998, the Ordinance was approved on first reading (7-0), with certain amendments. More specifically, the Ordinance was amended to include language authorizing the Planning and Zoning Director to approve applications for one year extensions of time to utilize a temporary parking lot, if there have been no previous issues of non-compliance in the operation of such lot AGENDA ITEM A5A (.,. -\l~8 DATE by the applicant (the original language in the ordinance called for the Planning Board to approve such applications). Applications denied by the Planning and Zoning Director can be appealed to the Planning Board for consideration. New applications and the extension of time will still require Planning Board approval, as now required by the Zoning Ordinance. Due to continued growth in development and tourism within Miami Beach in recent years, the demand for parking has increased tremendously. As a result of that demand, the City has permitted and licensed many new parking lots, especially in commercial districts of South Beach. Unfortunately, some of these lots have been located in the vicinity of residential areas, where the necessity for late-night use serving nightclubs and restaurants has become cause of great concern for adjacent residents. The challenge, therefore, is to find a way to provide much needed parking, while maintaining a high degree of operational control to ensure that the quality of life for local residents, particularly those living in close proximity to districts where parking lots are allowed under the existing Zoning Ordinance regulations, is not negatively affected. The City's Planning Department staffhas reviewed the current provisions of the Zoning Ordinance and has determined that there are insufficient regulations regarding those parking lots which are within 100 feet of residential areas or residential buildings; more specifically these lots are now unregulated with regard to operational standards. By requiring Conditional Use approval for these lots, anticipated conflicts stemming from their operation could be addressed on a case by case basis, at which time mitigation measures could be imposed, such as increased landscape buffering, alternatives for safe ingress and egress, security lighting, and off-duty police surveillance. The Planning Department recognizes that these proposed tighter regulations on these types of parking lots may cause a decrease in the construction of new lots, while demand for parking spaces will continue to rise. An immediate solution to this problem would be to lengthen the time limits for Temporary Parking Lots from five to ten years, with additional scrutiny by the Planning and Zoning Director, thereby providing economic incentive for the construction of new Temporary Parking Lots that might not have been feasible with the present five-year limit. The proposed amendment would also allow those existing Temporary Parking Lots already having paving, landscaping, and irrigation, to remain in service, as opposed to being vacated when permanent lots are not constructed in their place. ANALYSIS Section 1 of the amending ordinance is broken into two parts, Subsections 7-5.J. and 7-5.K. Each part is analyzed below: Subsection 7-5.1. would require Conditional Use approval for parking lots and garages that operate in the vicinity of residential districts and uses. Currently, with the exception of parking lots and garages located in multi-family residential districts which are already subjected to Conditional Use approval, the design requirements for parking lots and garages is standardized throughout the City. There is no regulation to address the potentially negative impact oflate-operating parking lots and garages located in districts other than multi-family districts in the vicinity of residential areas, which require special design features to provide mitigation of the impact. These parking lots and garages are described in the amendment text as meeting three criteria: ill located on a lot upon which parkin~ is the exclusive Use. @ the parkin~ lot may lawfully operate after midni~ht. and (iii) when any portion of the site on which the Parkin~ Lot or Parkin~ Gara~e is located is within 100 feet of a Residential Use or Residential District. The amendment further provides an exception to required Conditional Use approval for a freestanding parking facility that is accessory to a residential Use located in a commercial district because this occurs rarely, if ever, in the City, and the nature of this type of parking is a lower activity level not likely to cause a conflict with adjacent residences. This exception is not made for freestanding residential accessory parking lots in multi-family residential districts, where they are already required to obtain Conditional Use approval under existing Ordinance regulations. Subsection 7-5.K. would provide the possibility for five additional one-year time period extensions for Temporary Parking Lots, each to be approved by the Planning and Zoning Director. Currently these parking lots have a potential time limit of five years, three years initially, with a possible two year extension to be granted by the Planning Board. The amortization cost of leasing and improving land in conjunction with a Temporary Parking Lot has caused many potential parking facility operators not to pursue the construction of these much- needed facilities. This is evidenced by a number of vacant parcels which have not been developed for such temporary use. After consultation with several parking lot operators, the Planning Department has concluded that a maximum 10 year time limit for Temporary Parking Lots would be more feasible in order to encourage such facilities on vacant parcels. The amendment regulating time periods for Temporary Parking Lots, as proposed, would accomplish that goal. Sections 2 through 5 of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a severability clause and an effective date. In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning Board is to consider the prescribed review criteria, when applicable, for such changes. Since the amending ordinance would require Conditional Use approval for parking lots and garages under certain circumstances and the extension of time for Temporary Parking Lots, the review criteria were determined to be applicable to this amendment request. In reviewing a request for an amendment to this Ordinance, the Planning Board shall consider the following: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; Consistent - The amendment would not require an amendment to the Future Land Use Map of the Comprehensive Plan. The amendment is not contrary to any neighborhood or Redevelopment plan. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; Consistent - The amendment would not change the underlying zoning district for any areas within the City. The amendment would provide supplemental review regulations for parking facilities throughout the City, not distinguishing a particular area or creating an isolated district. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the City; ,. Consistent - The amendment is in keeping with the overall goal of the City to provide necessary parking for commercial and non-commercial activity, while also regulating parking lots through the Conditional Use procedures to ensure that residential neighborhood environments are not negatively impacted. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent - Staff is of the opinion that the LOS for the area public facilities and infrastructure should not be negatively affected by the proposed amending ordinance, if at all. Rather, the demand for parking on City streets will be reduced with additional parking that might result from this amendment. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Not Applicable- The underlying zoning district boundaries would not be changed by the amendment. 6. Whether changed or changing conditions make the passage of the proposed change necessary; Consistent - As the density of the City continues to increase, the conflicts due to the close proximity of incompatible uses such as commercial parking and residential areas will continue to rise. The burdens placed upon intensive activities such as parking lots may cause a decline in the number of spaces provided in certain areas throughout the City. Because demand will continue to grow for parking, anticipated loss of spaces must be off-set by other measures such as easing Temporary Parking Lot restrictions. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Consistent - To the contrary, this amendment will improve living conditions by empowering the Planing Board, via Conditional Use Procedure, to impose design and operational conditions exceeding those currently required, in order to mitigate visual and noise impact of certain parking lots and garages on adjacent residential uses. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety; Consistent - Staff is of the opinion that the LOS for the area traffic circulation and/or public safety should not be negatively affected by the proposed amending ,. . ordinance. 9. Whether the proposed change will seriously reduce light and air to adjacent properties; Consistent - The amendment proposes increased Conditional Use review for certain parking lots and garages which may result in extra landscape requirements and screening devices which, in staffs opinion, should not reduce light and air to adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area; Consistent - Staffis of the opinion that property values in the adjacent areas would not be negatively affected by the proposed amendment. Indeed, the potential increased landscape and visual buffering requirements resulting from Conditional Use scrutiny could conceivably increase adjacent property values in some instances. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Consistent - The proposed amendment will not change the development regulations for adjacent sites which must comply with their own site specific development regulations. Furthermore, the proposed ordinance should not affect the ability for an adjacent property to be developed in accordance with said regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Not Applicable 13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use; Not Applicable CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should adopt the proposed Ordinance on second reading. The provisions of the Ordinance will simultaneously meet the growing demand for temporary parking in an efficient manner and strengthen the ability of the City to monitor and impose design mitigation measures upon parking lots and garages which might otherwise burden adjacent residential areas or buildings. SR~\~WGF\rgl F:\PLAN\$AtL\CC _MEMQS\1337CMM.98