Ordinance 99-3194 FINAL VERSION OF ORDINANCE -ADOPTED AS AMENDED 6/23/99
ORDINANCE NO. 99-3194
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, AMENDING CHAPTER 130
ENTITLED "OFF STREET PARKING", SECTION 130-68 ENTITLED
"COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES" BY
CLARIFYING THE REQUIREMENTS FOR ARCHITECTURAL
COMPATIBILITY OF PARKING GARAGES AS A MAIN USE IN
RESIDENTIAL ZONING DISTRICTS; BY ALLOWING COMMERCIAL
USES IN THE FIRST FLOOR FRONTAGE OF SUCH PARKING GARAGES
LOCATED IN AN RM-2 DISTRICT WHICH IS ADJACENT TO AN RM-3
DISTRICT; BY LIMITING THE RESIDENTIAL OR COMMERCIAL
SPACE ASSOCIATED WITH SUCH PARKING GARAGES TO 25%OF THE
TOTAL FLOOR AREA OF THE GARAGE IN COMMERCIAL,MIXED USE,
AND GOVERNMENT USE ZONING DISTRICTS AND BY LIMITING THE
COMMERCIAL SPACE ASSOCIATED WITH SUCH PARKING GARAGES
TO 10% OF THE TOTAL FLOOR AREA OF THE GARAGE IN
RESIDENTIAL ZONING DISTRICTS; BY LIMITING THE HEIGHT OF
SUCH PARKING GARAGES; PROVIDING FOR INCLUSION IN THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to clarify the requirements of the Land
Development Regulations of the City Code regarding architectural compatibility of parking garages
as main uses in residential zoning districts; and
WHEREAS,the City of Miami Beach deems it advisable to allow limited commercial uses
on the ground floor frontage of permitted parking garages in certain residential zoning districts; and
WHEREAS,the City also deems it advisable to restrict residential and commercial uses on
the ground floor frontage of permitted parking garages to 25% of the total floor area of the garage
in commercial,mixed use, and government use zoning districts, and to further restrict commercial
uses to 10%of the total floor area of the garage in residential zoning district when the garage is the
main use of the property;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. That Section 130-68, entitled "Commercial and Noncommercial Parking Garages"
of Chapter 138, entitled "Off Street Parking", of the Code of the City of Miami Beach, Florida is
hereby amended to read as follows:
Sec. 130-68. Commercial and noncommercial parking garages.
Commercial and noncommercial parking garages as a main use on a separate lot shall be subject to
the following regulations, in addition to the other regulations of this article:
(1) When located in the CD-1, CD-2, CD-3, C-PS1, C-PS2, C-PS3, C-PS4 and MXE districts
and in GU districts adjacent to commercial districts,a commercial or noncommercial parking garage
shall have, at a minimum, first floor frontage consisting of space which is to be occupied for
accessory residential or commercial uses along any every facade facing a street, excluding frontage
for entrance and exit drives. However, in no instance shall the above described residential or
commercial space exceed 25% of the total floor area of the structure. Additionaly, in no instance
shall the amount of floor area of the structure used for parking, exclusive of the required parking
for the above described residential or commercial space, be less than 50% of the total floor area of
the structure, so as to insure that the structure's main use is as a parking garage.
(2) When located in the RM-1,RM-2,RM-3,R-PS1,R-PS2,R-PS3 and R-PS4 districts and the
GU districts adjacent to residential districts, a commercial or noncommercial parking garage shall
contain spacc which is to be occupied for residential uses along any street, at a minimum, shall at
a minimum maintain be architecturally compatible with the character of the surrounding a
residential district character.;where feasible, residential uses are encouraged on the facades facing
a street. In addition, when a parking garage is located in the RM-3 or R-PS4 districts, or, on Collins
Avenue, from 25th to 44th Streets, and on West Avenue, south of 11th Street, in an RM-2 district
where the subject site is located adjacent to an RM-3 district, such garage may also have first floor
frontage with space occupied for commercial uses facing the subject RM-3 area. However, in no
instance shall the above described combined residential and/or commercial space exceed 25% of the
total floor area of the structure, with the commercial space not exceeding 10% of the total floor area
of the structure,nor shall any accessory commercial space exceed 40 feet in depth. Additionaly, in
no instance shall the amount of floor area of the structure used for parking, exclusive of the required
parking for the above described residential or commercial space, be less than 50% of the total floor
area of the structure, so as to insure that the structure's main use is as a parking garage. Signage for
commercial uses allowable under this provision (subsection 2) are limited to one non-illuminated
sign no greater than 10 square feet in area per business.
(3) When located in residential districts, a commercial or noncommercial parking garage shall
serve only residential uses with the exception of any commercial space within such garage.
(4) The height limit shall be 75 feet in the CPS-1, CPS-2, CD-3 district, excluding parking
garages within a local historic district and in the GU districts; for all other districts (including local
historic districts),the height limit shall be the lesser of 50 feet or the maximum height specified as
set forth in the underlying zoning district,whichever is less;however,the maximum permitted height
for residential uses shall be as specified in the underlying zoning district.
2
(5) Setbacks shall be the same as the pedestal setbacks for the underlying zoning district.
(6) The volume of such commercial and noncommercial parking garages shall be limited by the
required setbacks and heights described within this section and shall not be subject to the floor area
ratios prescribed for in the underlying zoning district.
(7) Parking garages that are built solely with public funds may be exempt from the requirements
of subsections(1)and (2), above, if meeting the requirement would affect the tax exempt status of
the project. The forgoing does not limit the city commission's ability to waive development
regulations for GU properties as per section 142-425.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA
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 renumbered or relettered 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 on the 3rd day of July , 1999.
PASSED and ADOPTED this 23rd day of June , 1999.
ATTEST: MAYOR
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 4L3-59
TO: Mayor Neisen O. Kasdin and DATE: June 23, 1999
Members of the City a mission
FROM: Sergio RodriguezV
City Manager �;
SUBJECT: Second Re. ' '4 Public Hearing - An Ordinance of the Mayor and City
Commissioi of the City of Miami Beach, Florida Amending the Code of the
City of Miami Beach, Florida, Amending Chapter 130 Entitled "Off Street
Parking",Section 130-68 Entitled "Commercial and Noncommercial Parking
Garages" By Clarifying the Requirements for Architectural Compatibility of
Parking Garages as a Main Use in Residential Zoning Districts; by Allowing
Commercial Uses in the First Floor Frontage of Such Parking Garages
Located in an RM-2 District Which Is Adjacent to an RM-3 District; by
Limiting the Residential or Commercial Space Associated with Such Parking
Garages to 25% of the Total Floor Area of the Garage in Commercial, Mixed
Use, and Government Use Zoning Districts, and by Limiting the Commercial
Space Associated With Such Parking Garages to 10% of the Total Floor Area
of the Garage in Residential Zoning Districts; by Limiting the Height of Such
Parking Garages; Providing for Inclusion in the Code of the City of Miami
Beach,Florida; Repealer; Severability; and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance as revised.
BACKGROUND
This proposed amendment to the Land Development Regulations (LDR's) of the City Code
modifies the regulations pertaining to parking garages located within residential zoning districts.
It was referred in concept to the Planning Board by the City Commission during the public hearings
regarding zoning map changes last October.
At the City Commission meeting of October 7, 1998, during the consideration of the rezoning of
Area#5 (the east side of West Avenue from approximately Seventh Street to Thirteenth Street)
from RM-3 to RM-2, the issue of parking garages as main uses in the RM -2 and RM-3 zoning
districts was discussed. One of the property owners in that area expressed a desire to construct a
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DATE 4:2,3-99
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stand-alone commercial parking garage in the subject area, and to locate commercial uses in the
first floor frontage of said garage. The Land Development Regulations regarding commercial and
non-commercial parking garages would allow the desired commercial uses in the RM-3 zoning
district; however, in the RM-2 zoning district, such commercial uses would not be permitted.
As part of these discussions,the City Commission referred to the Planning Board an amendment
to the City Code which, in concept, would permit such commercial uses in parking garages in
certain specified areas of the RM-2 zoning district. Upon referral, Planning Department staff
drafted the proposed amendment. Additionally, certain other necessary clarifications to the
ordinance were deemed necessary, as the original language of the Code has proven to be confusing
and/or unclear. These additional clarifications were included in the proposed amending ordinance
in consultation with the City Attorney's Office.
At its March 23, 1999 meeting, the Planning Board held a hearing and discussed the proposed
ordinance. The Planning Board requested that additional language be added to the ordinance
further restricting accessory commercial uses in garages located in residential zoning districts. The
Planning Department drafted the revisions addressing the Board's concerns, and at its April 27,
1999 meeting, the Planning Board voted 7-0 to recommend approval of the proposed ordinance
as per staff recommendation.At its public hearing of May 26, 1999,the City Commission reviewed
the ordinance (copy of original version attached)and requested that the Administration review and
revise the ordinance to address several concerns regarding the intensity or limitation of commercial
uses in certain residential areas. The Administration has reviewed the ordinance and made
revisions, as it has deemed appropriate, and it is this revised ordinance that is before the City
Commission today(see revised version attached).
ANALYSIS
Parking garages in commercial zoning districts
Commercial and non-commercial parking garages are permitted in certain of the City's zoning
districts as a "main use". Section 130-68, Part (1) addresses parking garages as main uses in
commercial zoning districts. Currently, a garage may be located in a commercial zoning district,
but must have at least the first floor frontages dedicated to either residential or commercial uses.
This important requirement ensures that the construction of a garage does not create "dead space"
fronting the City's commercial street frontage and, instead, ensures that active commercial or
residential uses front the streets at first floor level. The proposed changes to this part of the
ordinance clarify that the commercial or residential frontages must face every street (excluding
areas designated for entrance and exit drives)and that while these uses must be located on the first
floor,they may extend to higher floors, if desired.
Additionally,the amending ordinance limits the amount of the garage in a commercial district that
may be taken up by these accessory residential or commercial uses to 25% of the total floor area
of the garage. The total floor area of these accessory uses plus their required parking must total less
than 50% of the total floor area of the structure. This is to ensure that the structure's main use is,
indeed, a parking garage and not a residential or commercial use.
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Finally, the proposed change to Section 130-68, Part (4) rectifies an inconsistency in the Land
Development Regulations. Since the maximum height limits for the CPS-1 and CPS-2 zoning
districts was reduced last October, this section of the Code has been modified to bring it into
consistency with the new height limits.
Parking garages in residential zoning districts
In residential multi-family zoning districts,parking garages are also permitted by Section 130-68,
Part(2)of the Land Development Regulations of the City Code. However,the regulations require
that these garages fit in with their surrounding residential neighborhoods. The proposed changes
to this part of the ordinance clarify that these garages shall be architecturally compatible with the
surrounding residential character. Where feasible, accessory residential uses are encouraged on the
facades facing a street. However, as these accessory residential uses within parking garage
structures are not always feasible from a development standpoint,the ordinance clarifies that this
is encouraged, but not required. Of course any such development, with or without accessory
residential uses located on the exterior of the structure,must be architecturally compatible with the
surrounding residential character of the neighborhood.
Currently, accessory commercial uses are also permitted along the first floor frontages in parking
garages located in the RM-3 or R-PS4 districts. The proposed amending ordinance would broaden
this to allow accessory commercial uses along the first floor frontages of garages in the RM-2
zoning district, when the site is directly adjacent to an RM-3 zoning district. The ordinance has
been further revised to limit these areas to Collins Avenue from 25th to 44th Street and to West
Avenue south of 11th Street, areas which the Administration believes would be able to support
such uses. The commercial uses would be limited to the frontage facing the RM-3 area, and would
be limited to one non-illuminated sign no greater than 10 square feet in area for each commercial
business. These restrictions should address the Commission's concerns regarding the possible
negative impacts of commercial uses in certain residential areas, and would allow appropriate
development of the project in the example given above for the site on West Avenue. It is also
consistent with the garage proposed for the hotels (Sheraton Four Points, Best Western, etc.)
between Collins Avenue and Indian Creek Drive at 43rd Street. These RM-2 areas that front upon
RM-3 areas are more able to accommodate this commercial activity as proposed.
More restrictive than in the case of garages in commercial districts detailed above,the amending
ordinance would also limit the amount of the parking garage structure in residential districts that
may be taken up by commercial uses to no more than 10%of the total floor area of the garage, and
would limit combined accessory commercial/residential uses to 25% of the total floor area of the
garage. Additionally, in response to the Planning Board and the Commission's desire to restrict
accessory commercial development that is too intense for the surrounding residential district,the
ordinance, as further revised, also limits any accessory commercial use in such garages to a depth
of 40 feet. In this way, large commercial spaces would be avoided, and uses more suitable to a
neighborhood scale would be encouraged. The total floor area of these accessory uses plus their
required parking must total less than 50% of the total floor area of the structure, ensuring that the
structure's main use remains as a parking garage.
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CONCLUSION
Regarding the proposed amendment which is before the Commission today, it is expected that the
overall effect of the proposed amending ordinance would be to remove obstacles to the
development of desirable mixed use parking structures, and encourage such garages to be designed
more compatibly with the surrounding commercial and residential neighborhoods.
Based on the foregoing analysis,the Administration recommends that the Commission adopt, on
second reading public hearing, the proposed amending ordinance to Section 130-68 of the Land
Development Regulations of the Code of the City of Miami Beach, Florida.
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CITY O F M I A M I BEACH
NOTICE OF PUBLIC HEARINGS
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, Miami Beach, Florida, on Wednesday, June 23, 1999, at the times
listed below, to consider the adoption of the following ordinances:
at 10:30 a.m. :
AN ORDINANCE REPEALING, IN ITS ENTIRETY, CHAPTER 2, DIVISION 24, SECTIONS 2-190.81 THROUGH
• 2-190.84, OF THE MIAMI BEACH CITY CODE, ENTITLED "TOURIST AND CONVENTION CENTER EXPANSION
AUTHORITY"; SAID REPEALER HAVING THE EFFECT OF SUNSETTING THE AUTHORITY; PROVIDING FOR
SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the Convention Center at (305) 673-7311.
at 10:35 a.m. :
AN ORDINANCE CREATING DIVISION 24 OF CHAPTER 2 OF THE MIAMI BEACH CITY CODE TO BE ENTITLED
"CAPITAL PROJECTS OVERSIGHT COMMITTEE", CREATING SECTIONS 2-190.81 THROUGH 2-190.84,
ESTABLISHING THE PURPOSE, COMPOSITION, POWERS, AND DUTIES OF THE COMMITTEE; PROVIDING FOR
SEVERABILITY, CODIFICATION, REPEALER, AN EFFECTIVE DATE AND SUNSET PROVISION.
INQUIRIES may be directed to the City Manager's Office at (305) 673-7010.
at 11:00 a.m. :
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130
ENTITLED "OFF STREET PARKING", SECTION 130-68 ENTITLED "COMMERCIAL AND NONCOMMERCIAL PARKING
GARAGES" BY CLARIFYING THE REQUIREMENTS FOR ARCHITECTURAL COMPATIBILITY OF PARKING GARAGES
AS A MAIN USE IN RESIDENTIAL ZONING DISTRICTS; BY ALLOWING COMMERCIAL USES IN THE FIRST
FLOOR FRONTAGE OF SUCH PARKING GARAGES LOCATED IN AN RM-2 DISTRICT WHICH IS ADJACENT TO AN
RM-3 DISTRICT; BY LIMITING THE RESIDENTIAL OR COMMERCIAL SPACE ASSOCIATED WITH SUCH PARKING
GARAGES TO 25% OF THE TOTAL FLOOR AREA OF THE GARAGE; BY LIMITING THE HEIGHT OF SUCH PARKING
GARAGES; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the Planning Department at (305) 673-7550.
at 11:30 a.m. :
AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION",
AMENDING ARTICLE 3, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES", AMENDING DIVISION 25,
ENTITLED "TRANSPORTATION AND PARKING COMMITTEE", BY AMENDING THE COMPOSITION OF THE
COMMITTEE TO SUBSTITUTE REPRESENTATION FROM THE WASHINGTON AVENUE TASK FORCE FOR THE
WASHINGTON AVENUE ASSOCIATION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
INQUIRIES may be directed to the City Manager's Office at (305) 673-7010.
at 11:40 a.m. :
AN ORDINANCE AMENDING ORDINANCE NO. 1605 AS AMENDED, WHICH ESTABLISHED POSITIONS IN THE
UNCLASSIFIED SERVICE AND SALARY RANGES FOR UNCLASSIFIED EMPLOYEES, BY AMENDING THOSE
PROVISIONS RELATING TO THE EMPLOYEES OF THE CITY ATTORNEY'S OFFICE BY ABOLISHING THE
DISTINCTION BETWEEN PERSONS EMPLOYED BEFORE AND AFTER OCTOBER 1, 1992; ABOLISHING THE STEP
SYSTEM; AMENDING SALARY RANGES FOR THE CITY ATTORNEY, CHIEF DEPUTY, DEPUTY, AND FIRST
ASSISTANT CITY ATTORNEYS, SENIOR ASSISTANT CITY ATTORNEYS AND ASSISTANT CITY ATTORNEYS II,
OFFICE MANAGER, LEGAL SECRETARIES, PARALEGALS AND RECEPTIONIST; PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the City Attorney's Office at (305) 673-7470.
187
at 4:00 p.m. :
AN ORDINANCE AMENDING ARTICLE VI, OF CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED
NAMING OF PUBLIC FACILITIES AND STREETS AND ESTABLISHMENTS OF MONUMENTS OR MEMORIALS",
CREATING SECTION 82-505 PROVIDING FOR THE ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION
FOR THE NAMING OF PUBLIC FACILITIES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
at 4:30 p.m. :
AN ORDINANCE AMENDING CHAPTER 102, ENTITLED "TAXATION", BY AMENDING SECTION 102-356,
ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY AMENDING THE DEFINITION OF "PROMOTER";
BY AMENDING SECTION 102-371, ENTITLED "APPLICATION PROCEDURES; GROUNDS FOR DENIAL, " By
AMENDING APPLICATION REQUIREMENTS FOR ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEVERAGES; BY
. AMENDING SECTION 102-378 ENTITLED "LAPSE OF INSURANCE; BONDS, " BY AMENDING THE BOND
REQUIREMENTS WITH REGARD TO CERTAIN DANCE OR ENTERTAINMENT EVENTS CO-SPONSORED, CO-HOSTED,
FUNDED IN WHOLE OR IN PART, OR OTHERWISE ENDORSED BY THE CITY; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE.
INQUIRIES may be directed to the City Manager's Office at (305) 673-7010.
All persons 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, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of this
ordinance are available for public inspection during normal business hours in the City
Clerk's Office. The hearing on this Ordinance may be continued at this meeting and under
such circumstances, additional legal notice would not be provided.
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 inadmissable or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's Office no
later than four days prior to the proceedint. Telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or
(800) 955-8770 (VOICE) , for assistance.
188
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