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2017-4097 Ordinance PARKING DISTRICT NO. 4 AMENDMENTS ORDINANCE NO. 2017-4097 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "OFF-STREET PARKING," ARTICLE II "DISTRICTS; REQUIREMENTS," TO ALLOW OFF-STREET PARKING TO BE PROVIDED IN PARKING DISTRICT NO. 4 FOR USES THAT DO NOT HAVE REQUIRED PARKING, WHICH ADDITIONAL PARKING SHALL NOT COUNT TOWARDS THE CALCULATION OF FLOOR AREA RATIO FOR A STRUCTURE WITH SUCH USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, there is generally a shortage of available parking spaces in the North Beach area of the City; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize new development within the North Beach area; and WHEREAS, Parking District No. 4 is the parking district that covers most of North Beach; and WHEREAS, the City of Miami Beach desires to allow new construction to provide parking for uses that do not have required parking in Parking District No. 4 without penalizing the builder of the parking spaces by allowing said parking spaces to not count towards the calculation of the floor area ratio; and WHEREAS, additional provided parking in the North Beach area will improve the overall economic viability of the North Beach area; and WHEREAS, the amendment set forth below is 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. That Chapter 130, Article II entitled "Districts; Requirements", is hereby amended as follows: * * * Sec. 130-33. - Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7. (a) Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3, 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: (8) Any building or structure erected in parking district no. 4 may provide required parking on site as specified in parking district no. 1. Such required parking, if provided, shall be exempt from FAR, in accordance with the regulations specified in chapter 114 of these land development regulations. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. 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 /7 day of /''/Ay , 2017. " ATTEST: ''''` %%%%%q'%%%%%%114 MAYOR I� CITY CLER < • /<-�i�G APPROVED AS TO . ,/ 4 FORM AND LANGUAGE c." * & FOR EXECUTION * IMCORP °RA I ED: _ 3 ( ( / 9 City Attorney Date C First Reading: April 26, 2017 Second Readi► •: May 1 2017 Y Verified by: 11 Th•mas Mooney, AIC' Planning Director T:\AGENDA\2017\4-April\Planning\PARKING DISTRICT 4-First Reading ORD.docx Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 17, 2017 10:40 a.m. Second Reading Public Hearing SUBJECT: PARKING DISTRICT NO. 4AMENDMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "OFF-STREET PARKING," ARTICLE II "DISTRICTS; REQUIREMENTS," TO ALLOW OFF-STREET PARKING TO BE PROVIDED IN PARKING DISTRICT NO. 4 FOR USES THAT DO NOT HAVE REQUIRED PARKING, WHICH ADDITIONAL PARKING SHALL NOT COUNT TOWARDS THE CALCULATION OF FLOOR AREA RATIO FOR A STRUCTURE WITH SUCH USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. ANALYSIS BACKGROUND On February 8, 2017, at the request of Commissioner Joy Malakoff, the City Commission referred the subject ordinance to the Land Use and Development Committee for discussion and recommendation (item 040). On February 15, 2017, the Land Use Committee discussed the proposal and recommended that the City Commission refer the Ordinance to the Planning Board (item C4F). On March 1, 2017, the City Commission referred the proposed ordinance to the Planning Board. PLANNING ANALYSIS The proposed draft ordinance would amend Chapter 130 of the Land Development Regulations of the City Code (Off-Street Parking) to allow a property owner located in Parking District No. 4 to provide required parking for uses that normally would not require parking, such as retail for example. This is the same provision that was applied to the Washington Avenue Overlay District and will help ensure that there is sufficient operational parking to service new retail and restaurant uses within Parking District 4. PLANNING BOARD REVIEW On March 28, 2017, the Planning Board transmitted the proposed Ordinance Amendment to Page 498 of 878 the City Commission, with a favorable recommendation. UPDATE The subject ordinance was approved at First Reading on April 26, 2017, with no changes. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Legislative Tracking Planning Sponsor Commissioner Joy Malakoff ATTACHMENTS: Description D Form Approved Ord - PD 4 Page 499 of 878