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Ordinance 99-3226 ORDINANCE NO. 99-3226 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY • OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130, ARTICLE III, ENTITLED "DESIGN STANDARDS", BY AMENDING SECTION 130-61 TO EXPAND THE CRITERIA FOR SURFACE PARKING LOT DIMENSIONS, BY AMENDING CHAPTER 130,ARTICLE V,ENTITLED "PARKING IMPACT FEE PROGRAM", BY AMENDING SECTION 130-132 TO ALLOW FOR THE REMOVAL OF CERTAIN GRADE LEVEL PARKING SPACES WITHIN DESIGNATED HISTORIC DISTRICTS; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The City of Miami Beach wishes to enhance the unique architectural environment of Miami Beach to maintain the integrity of design and architecture throughout the City; and WHEREAS, The City of Miami Beach desires to refine and clarify its off-street parking requirements and administrative procedures; 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. That Chapter 130,Article III,entitled"Design Standards" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 130-61. Off-street parking space dimensions. With the exception of parking spaces that are permitted in sections 130-101, 130-251, and 130-281, a standard off-street parking space shall be an all-weather surfaced area,not in a street or alley, and having a width of not less than eight and one-half feet and a length of not less than 18 feet , or when located outdoors, sixteen (16) feet with two (2) feet of pervious area overhang, in place of wheel stops and defined by continuous concrete curb, for a total length of eighteen (18) feet. The provision of having a two (2) foot pervious area overhang in standard parking spaces may be waived at the discretion of the Planning and Zoning Director in those instances where said overhang is not practical. In no instance, however, shall the length of any standard off-street parking space be less than eighteen (18) feet, unless indicated in sections 130-101, 130-251, and 130-281 herein. A standard parallel parking space shall be an all-weather surfaced area, 21 feet in length and eight and one-half feet wide. The length required shall be measured on an axis parallel with the vehicle after it is parked. The width required is to be column-free clear space, except for those standard off-street parking spaces immediately adjacent to a structural column within an enclosed parking structure which may have a width of eight feet. The required area is to be exclusive of a parking aisle or drive and permanently maintained for the temporary parking of one automobile. See section 130-251 for valet parking standards. SECTION 2. That Chapter 130, Article V, entitled "Parking Impact Program" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 130-132. Fee calculation. (a) New construction. The impact fee for new construction shall be satisfied by a one-time payment at the time of issuance of a building permit pf$15,000.00 per parking space. The amount of such fee may be changed in accordance with subsection (d) of this section. (b) Existing structures and outdoor cafes.When alteration or rehabilitation of a structure results in an increased parking requirement, or an outdoor cafe is created or expanded,the impact fee shall be satisfied by one of the following: (1) A one time payment as set forth in subsection (a) of this section. (2) A yearly payment in the amount of four percent of the payment required by subsection(a) of this section which shall continue as long as the use exists. (The amount of such payment may vary from year to year in accordance with the determination set forth in subsection (d) of this section. However, in lieu of continued yearly payments,a one-time redemption payment may be made at any time of the full amount due pursuant to subsection (a) of this section; such amount shall be based upon the latest determination made pursuant to subsection (d) of this section as of the time of the redemption payment rather than upon the amount which would have been due if the fee had been paid at the time the work was done,regardless of the number of yearly payments made previously. However,when new floor area is added to the existing building, the impact fee shall be as set forth in subsection (a) of this section. (c) Removal of existing parking spaces in a historic district. Whenever an existing required parking space is removed or eliminated for any building that existed prior to October 1, 1993,which are located within the architectural district,a contributing building within a local historic district,or any individually designated historic building, a parking impact fee shall be required if a replacement parking space is not provided on-site or within 500 feet of the site or within 1,200 feet of the site if in the architectural district. Such fee shall be satisfied as set forth in subsection(b),above. In no case shall the removal of parking spaces result in less than one parking space per residential unit or 50 percent of the required parking for commercial uses. This subsection shall not prohibit the removal of grade level parking spaces located within the front, side street or interior side yards of a lot which has a designated contributing building within a designated historic district, should those parking spaces be non-conforming. This subsection shall not prohibit the removal of grade level parking spaces located within the front yard or side yard facing a street of a lot which has a non-contributing 2 building within a designated historic district, should those parking spaces be non-conforming. Any request for the removal of parking spaces under this subsection shall only be approved with the applicant's consent. The Parking Department shall advise the Planning Department and the Joint Design Review/Historic Preservation Board of the impact of the removal of any parking spaces. (d) Annual evaluation. The amount determined to be the city's total average cost for land acquisition and construction of one parking space shall be evaluated yearly by the planning and zoning director based upon city average real estate sale prices and the U.S. Depai lrnent of Commerce Construction Price Index for South Florida. If determined necessary, the fee structure shall be amended in accordance with chapter 118, article III, changes and amendments of these land development regulations. SECTION 3 INCLUSION IN THE CITY CODE. 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 REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby 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 25th day of December , 1999. PASSED and ADOPTED this 15th day of December 1999. MAYOR ATT QI WA CITY CLERK =new language Strikeout= deleted language F:\PLAN\$ALL\DRAFT OR\PKGORD-R.WPD APPROVED AS TO 1st reading 11/17/99 FORM & LANGUAGE 2nd reading 12/15/99 & FOR EXECUTION ORZPI/X_ _ f >/9/99 City Attorney Date 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139er_ci http:\\ci.miam i-beach.fI.us COMMISSION MEMORANDUM NO. 9a5.99 TO: Mayor Neisen O.Kasdin and DATE: December 15,1999 Members of the City mission , • FROM: Sergio Rodriguez / City Manager /' SUBJECT: Parking R: u'ions in Historic Districts Second Reading - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Land Development Regulations of the Code of the City of Miami Beach, by Amending Chapter 130,Article III, Entitled "Design Standards", by Amending Section 130-61 to Expand the • Criteria for Surface Parking Lot Dimensions, by Amending Chapter 130, Article V, Entitled "Parking Impact Fee Program", by Amending Section 130-132 to Allow for the Removal of Certain Grade Level Parking Spaces Within Designated Historic Districts; Providing for Inclusion in the City Code; Providing for Repealer, Severability and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance as revised. ANALYSIS This proposed amendment to amend the off-street parking section of the Land Development Regulations(LDR s)of the City Code was referred to the Planning Board by the City Commission on June 23, 1999. In 1998,the City Commission adopted amendments to the Off-Street Parking Section of the Land Development Regulations of the Miami Beach Code which prohibited the removal of any existing, required parking space. Previously,property owners had been allowed to remove existing parking spaces by paying an impact fee. This amendment affected all properties throughout the City, inclusive of those properties located within a designated historic district. Although well intentioned, the amendment to eliminate the ability to remove any and all required parking spaces has had the unintended consequence of requiring that grade level parking spaces within the City's designated historic districts be retained and preserved. This, unfortunately, has resulted in the inability of certain properties to appropriately address the low scale, pedestrian oriented context of the City's Historic Districts. AGENDA ITEM RS6 DATE /(:)—' S-9(3 Commission Memorandum December 15, 1999 Parking Regulations in Historic Districts Page 2 ANALYSIS (Continued) The Administration seeks to amend the pertinent portions of the Land Development Regulations so that a very limited number of grade level spaces may be removed, from front, side and interior yards that are visible from the public right-of-way and are located within the City's Historic Districts. Planning Staff has concluded that this will result in more appropriate restorations and infill construction, as well as helping to better address the pedestrian scale within the City's Historic Districts. • In addition to this modification, the Administration is also proposing a revision to the "Design Standards" of off-street parking spaces, so as to allow for more pervious landscaped areas within future grade level parking lots. At its November 17, 1999 meeting,the City Commission approved on first reading the proposed amending ordinance, with the additional provision that any request for the removal of parking spaces under the ordinance shall only be approved with the applicant's consent, and that the Parking Department shall make a determination of the impact of the removal of any parking spaces. This additional language has been added to the amendment, and it is this revised version of the ordinance that is before the Commission today for adoption. Regarding the proposed amendment as revised, it is expected that the overall effect of the proposed amending ordinance would be to refine and clarify its off-street parking requirements and administrative procedures, enhancing the unique architectural environment of Miami Beach, and maintaining the integrity of design and architecture throughout the City. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing, the proposed amending ordinance to Chapter 130 of the Land Development Regulations of the Code of the City of Miami Beach,Florida. aLcoraw SR \JGG\TRM\RGL\rgl T:\AGENDA\1999\DEC 1599\REGULAR\1413CMM.WPD • ) ›, o � UU q � � � / c U ° 7 bA O - u • •2 4 3 0 19 6 A z 2 © t4.. D 7 _ / 2 c ii :fl