Ordinance 92-2779 ORDINANCE NO. 92-2779
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 3, ENTITLED "DEFINITIONS," AMENDING
SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY ADDING A
DEFINITION FOR "PROVISIONAL PARKING LOTS";
2. AMENDING SECTION 7, ENTITLED "PARKING REGULATIONS,"
AMENDING SUBSECTION 7-5, ENTITLED "DESIGN STANDARDS" BY
ADDING REGULATIONS FOR "PROVISIONAL PARKING LOTS";
AND,
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE, PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Miami Beach continues to gain popularity as a destination for dining,
entertainment and general tourism; and
WHEREAS, many of the people who visit this City choose to come by private
automobile; and
WHEREAS, the availability of commercial and non-commercial parking is becoming
increasingly difficult to find in certain areas; and
WHEREAS, the design standards for permanent and temporary parking lots are
restrictive and costly; and
WHEREAS, said standards make the construction of a parking facility to be used for
eighteen months or less, cost prohibitive; and
WHEREAS, the amending of these standards in the Zoning Ordinance could make the
construction of provisional parking lots, which would operate for periods not to exceed
eighteen months, feasible; and
WHEREAS, the construction of Provisional Parking Lots would help to ease the
immediate parking shortage in our community.
NOW, THEREFORE BE IT RESOLVED, that the Zoning Ordinance of the City of
Miami Beach be amended, as set forth, herein:
Underlined area = new language
= deleted language
SECTION 1. That Subsection 3-2, entitled "Terms Defined," of Section 3, entitled
"Definitions," of Zoning Ordinance No. 89-2665 is hereby amended as follows:
3-2 TERMS DEFINED
* * *
PARKING LOT.PROVISIONAL: A parking lot designed and authorized to be used for
a period of time shorter than that permitted for a Temporary Parking Lot (see Section
7-5I.)
* * *
SECTION 2. That Subsection 7-5, entitled "Design Standards," of Section 7, entitled
"Parking Regulations," of Zoning Ordinance No. 89-2665 is hereby amended as follows:
7-5 DESIGN STANDARDS
* * *
I. Provisional Parking Lot Standards. When permitted,the following standards are
established for Provisional Parking Lots:
1
b
1. Provisional Commercial or non-commercial Parking Lots may be operated
in the CD1-3 (Commercial, Low to High Intensity) Districts, I-1 (Light
Industrial)District,and MXE(Mixed Use Entertainment)District. These
Lots may be operated independent of a primary Use. One Sign per
Street frontage is permitted. The maximum size of each Sign shall be
five (5) square feet per Fifty (50) feet of Street frontage, not to exceed
twenty (20) square feet.
2. Provisional Parking Lots shall be brought to Grade with a dust-free
surface of no less than two inches of crushed rock. Prior to the issuance
of an Occupational License for a Provisional Parking Lot, the Applicant
shall submit a plan which addresses the regular maintenance and
watering of the parking, and landscaped surfaces: said plan shall be
approved by the Planning and Zoning Department and monitored for
compliance.
3. Should the City Manager find that the operation of a Provisional 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 Provisional Parking Lots shall not be for parking which is
required by the Zoning Ordinance.
5. Provisional Parking Lots shall not be permitted to exist for a period of
time greater than one (1) year from the date of Certificate of
Completion,Certificate of Occupancy, or Occupational License issuance
(whichever occurs first) regardless of ownership. At the end of this
period, if the Lot continues to be used for the purposes of parking, a
temporary or permanent Lot shall be constructed in conformity with the
Zoning Ordinance: however, an Applicant may request one extension of
time for a period not exceeding six (6) months from the Planning and
Zoning Director. Any further extension of time is prohibited.
6. If the Lot is 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 7-5,A-D of the Zoning Ordinance. Lots operated on a valet basis
shall have wheel stops at the edge of the parking surface. All wheel stops
required in this subsection shall be placed no less than four (4) feet away
from each other.
7. There shall be a 2 ft. 6 in. wide, landscaped area bordering the surfaced
area along all property lines. All landscaped areas shall utilize St.
Augustine Grass or planted material acceptable to the Planning and
Zoning Department. A two and one half (21/2) foot high hedge shall be
placed along all property lines facing a Street. Water for irrigation shall
be available within fifty (50) feet of all landscaped areas. A hose bib or
an in-ground system is acceptable.
8. 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.
9. Surface storm water drainage shall be approved by the Public Works
Director.
10. No variances shall be granted from the requirements of this Section.
11. At the time the Provisional Parking Lot ceases to exist, all crushed rock
material shall be removed within thirty (30) days and replaced with sod
and/or landscaping as determined acceptable by the Planning and Zoning
Department. This provision shall not apply to existing lots where crushed
rock was legally in place at the time of the passage of this ordinance.
2
SECTION 3. 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 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith repealed.
SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 28th day
of March , 199,
PASSED and ADOPTED this 18th , : of March
1992. /
'I 1
AYOR
ATTEST:
CITY CLERK
DJG/JGG
First Reading: 3/4/92
Second Reading: 3/18/92
a:\provpkg.92
FORM APPROVED
LEGAL DEPT.
By �Rr_ fib,
Date
•
3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 1.(1'92.m.
DATE: MARCH 18, 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
1�1
FROM: Carla Bernabei Talarico
City Manager
SUBJECT: PROPOSED AMENDMENT TO ZONING ORDINANCE 89-2665 - CREATING
PROVISIONAL PARKING LOTS AS A PERMITTED USE-SECOND READING
THE REOUEST
The City Administration, through the Planning and Zoning Department, is requesting
consideration of an amendment to the Zoning Ordinance which would allow for Provisional
Parking lots as a permitted use. Under this amendment,said parking lots would be constructed
under certain design standards as proposed to be provided for in the Ordinance. These lots
would be permitted to exist for a period of time not to exceed one year from the date of
Certificate of Completion, Certificate of Occupancy or Occupational License; however, after
a period of one year, an applicant could request one extension of time for a period not
exceeding six (6) months from the Planning and Zoning Director, therefore, allowing for total
period of 18 months for such a facility. No further extension of time would be allowed.
Unlike permanent parking lots which may exist indefinitely and temporary parking lots as
defined by the City's Zoning Ordinance to exist for three (3) years with a possible maximum
extension of two(2)additional years,the Provisional Parking lot would provide needed parking
on a much shorter term basis by creating design standards that are less restrictive than the
other two types of parking lots, as defined. Accordingly, the construction of these lots should
be much more cost effective and feasible. If this amendment to the Ordinance is adopted; it
is anticipated that several of these lots could be constructed in a relatively short period of time
throughout the City (particularly in the South Beach area where they are most needed).
At the first reading of this Ordinance by the Commission, the wording of Section 7-5.I.2 was
further amended to clarify the issue of regular maintenance and watering of the parking and
landscaped surfaces. This revised wording has been incorporated into the Ordinance.
BACKGROUND
The City Administration has been working with several business groups in the City of Miami
Beach to address the parking needs for our community. It has become apparent, particularly
in our discussions with the Ocean Drive Association and it's Parking Task Force that there is
a need for an immediate short term solution to our shortage of parking in the South Beach area.
Due to the fairly stringent parking design standards set forth in the Zoning Ordinance relative
to permanent and temporary parking lots any property owner or business entrepreneur who
wishes to provide temporary parking for a period of less than the 3-5 years as prescribed under
the temporary parking provisions would find such an exercise to be non-cost effective and
therefore economically unfeasible. As now required in the Ordinance, temporary parking lots
are to provide no less than one (I) in. of asphalt over a 4 in. limerock base. Additionally, for
a 5 ft. wide landscaped area bordering the entire property line and a surface water drainage
system are required. It should be noted that this landscaping requires not only the planting of
grass, but a 2-1/2 ft. high hedge along the side and rear property lines and a minimum of two
canopy trees for every 50 ft. of frontage on a street or alley.
In the Administration's discussions with the Ocean Drive Task Force, it became clear that, as
a part of a larger package of parking reforms in the City, it would be prudent to provide for 53
AGENDA
ITEM �� 3' F
DATE j � IPID
less restrictive standards on parking lots that existed for shorter periods of time--defined here
not to exceed 18 months. The Ordinance has been reviewed and approved by the Ocean Drive
Parking Task Force and it is believed that it will serve to encourage parking lot development
in the South Beach area and elsewhere in the City where parking may become a critical need.
At the January 28, 1992 meeting of the Planning Board, a vote of 6-1 was taken in favor of
recommending approval of this amendment to the Ordinance.
PROPOSAL SUMMARY
The Provisional Parking Lot Design Standards as recommended are fairly self-explanatory.
They are best comprehended in the context of comparing them with the temporary parking lot
standards as provided for under Sub-section 7-5H of the Zoning Ordinance. Key elements of
the amendment are as follows:
A. Provisional commercial or non-commercial parking lots maybe operated in the
CD1-3 (Commercial, Low to High Intensity) Districts, the I-1 (Light Industrial)
District and the MXE (Mixed Use Entertainment) District.
B. Signage shall be limited to one sign per street frontage,not to exceed 20 sq.ft. per
sign (calculated at 5 sq.ft. for 50 ft. of street frontage).
C. Provisional Parking Lots shall be brought to grade with a dust free surface of
no less than two (2) in. of crushed rock.
D. The applicant shall submit a plan for such a parking lot which addresses the
regular maintenance and watering of the parking and landscaped surfaces.
(Note: this Sub-section has been reworded in response to the Commission request
at First Reading that regular maintenance of the lot surface be included in the
Ordinance).
E. The City Manager may revoke the license.of a provisional parking lot if it is
determined that it has an adverse affect on the welfare of surrounding
properties; said revocation shall be made upon 48 hour written notification to
the applicant.
F. Provisional Parking Lots shall not be utilized to meet the parking requirements
of the Zoning Ordinance.
G. Said lots shall not be permitted to exist for a period greater than one year(after
this one-year period, the applicant may request from the Planning and Zoning
Director one extension of time for a period not to exceed an additional 6
months);after cessation of use,crushed rock shall be removed and replaced with
sod.
H. The parking area shall be surrounded by 2-1/2 ft. wide landscaped area along
all property lines;there shall be a 2-1/2 ft. high hedge placed along all property
lines facing a street. All other landscaped areas shall utilize, at a minimum, St.
Augustine grass. The landscape plan shall be approved by the Planning and
Zoning Department.
I. Surface storm water drainage shall be approved by the Public Works Director.
J. No variances shall be granted from the standards and requirements of this
Section.
ADMINISTRATION RECOMMENDATION
The Administration believes that this amendment can provide real relief to the stringent design
standards established for permanent and temporary parking facilities and that these
regulations can assist the City in the short term to partially meet its parking shortfall in those
areas that need parking most. The guidelines have been prepared in a manner that will provide
adequate protection to surrounding properties and ensure the development of parking facilities
that are relatively attractive.
In view of the above findings and Planning Board's affirmative recommendation the
Administration recommends that the City Commission approve this amendment to Zoning
Ordinance 89-2665 on second reading.
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