Ordinance 2018-4165PROVISIONAL PARKING LOT AMENDMENT
ORDINANCE NO. 2018 -4165
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND
DEVELOPMENT REGULATIONS (LDRs), ENTITLED "OFF- STREET
PARKING," ARTICLE III "DESIGN STANDARDS ", TO MODIFY THE
REQUIREMENTS FOR TEMPORARY PARKING LOTS AND DELETING THE
PROVISIONS OF SECTION 130 -70 IN ORDER TO REMOVE THE
STANDARDS FOR PROVISIONAL PARKING LOTS FROM THE LDRs;
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, the City of Miami Beach seeks to remove inconsistencies between the City
Code and the Florida Building Code; 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. Chapter 130, Article III entitled "Design Standards," is hereby amended as follows:
Sec. 130 -70. - Temporary parking lot standards.
(1) Temporary commercial or noncommercial parking lots may be operated in the MR
marine district, GU government use district, MXE mixed use entertainment district, 1 -1
urban Tight industrial district or in any commercial district. These lots may be operated
independent of a primary use. Temporary, noncommercial Tots may be located in the
R -PS1 -4 and in any multifamily residential district or within the architectural district as
defined in section 114 -1. One sign per street frontage is permitted. The maximum size
of each sign shall be five square feet per 50 feet of street frontage. This sign shall also
include copy that indicates the name of the operator, the phone number of operator to
report complaints, and who can use the parking facility; i.e., whether it is open to the
general public, private, valet or self - parking.
(2) Parking lots shall be brought to grade with no less than one inch of asphalt over a four -
inch lime rock base; however, the public works director may require a six -inch lime
rock 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. Surface stormwater shall not drain to adjacent property or a
public right -of -way. If the public works director determines that there is insufficient area
to accommodate drainage, additional measures may be required to adequately drain
stormwater runoff.
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(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 102 -383 upon 48 -hour written
notification to the applicant.
(4) Use of temporary parking lots shall not be for parking which is required by these land
development regulations.
(5) All lots considered under this article 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
chapter 118, article IV.
(7)
Temporary parking lots shall not be permitted to exist for a period of time greater than
three years from the date of certificate of occupancy or occupational license (business
tax receipt }, whichever occurs first, regardless of ownership. At the end of this period,
or such extensions that may be granted as contemplated herein, if the lot continues to
be used for the purposes of parking, a permanent lot shall be constructed in conformity
with these land development regulations. Prior to the expiration of an approved
temporary parking lot, or not later than 90 calendar days after the expiration of such
approved temporary parking lot, an applicant may request from the planning board an
extension of time for a period not exceeding two years. In reviewing the extension of
time request or subsequent progress reports as may be required, the board shall
consider, among other things, whether the applicant has complied with all of the
applicable requirements of these land development regulations, and any conditions
imposed by the planning board, if any, during its period of operation, as well as any
landscaping on the property that may not be in compliance with the requirements of
chapter 126. The notice of public hearing requirements shall be as set forth in chapter
118, article IV.
At the end of all applicable extensions of time for a temporary parking lot, unless a
permanent is constructed in conformity with these land development regulations the lot
shall cease to be used for parking and the asphalt and rock base shall be removed and
replaced with soil and landscaping, which shall be maintained until the property is
developed for a use permitted in the zoning district. The owner of the property shall be
responsible for maintaining such property and the landscaping. A plan for a recurring
maintenance schedule that includes, but is not limited to, cleaning the lot, clipping of
hedge material, removing and replacement of dead plant material, fertilization and
irrigation shall be submitted to, and approved by, the Planning Department as part of the
last administrative request for extension of time.
(8) Landscaping requirements shall be pursuant to the requirements of chapter 126.
(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 sections 130 -61 and 130 -64. 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 feet away from each other.
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(10) Prior to the issuance of a building permit, the planning department shall approve the
site and landscaping plans. Prior to the issuance of an occupational license, the
department shall approve the placement, quality and size of landscaping material.
(11) Any temporary parking lot that is nonconforming to these regulations six months
after the effective date of these land development regulations or upon the expiration
date of an existing occupational license, whichever is later, shall cease to exist.
Sec. 130 -71. - Reserved.
{1) Provisional commercial or noncommercial parking lots may be operated in the CD1 3
{commercial, low to high intensity) districts, CPS 1 and 2 ( - - --
standards districts), I1 (urban light industriay-- dictrict, and MXE (mixed use
sign per street frontage is permitted. The maximum size of each sign shall be five
also include copy that indicates the name of the operator, the phone number of
use the parking facility; i.e., whether it is open to the general public, private, valet or
self parking.
(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
maintenance and watering of the parking and landscaped surfaces; such plan shall be
ap
stormwater drainage shall be approved by the public works department.
{3) Should the city manager find that the operation of a provisional parking lot has an
adverse effect on the welfare of surrounding properties, the manager may revoke the
notification to the applicant.
development regulations.
{5) Provisional parking lots shall not be permitted to exist for a period of time greater than
one year from the date of certificate of occupancy, or occupational license issuance,
whichever occurs first, regardless of ownership. At the end of this period, if the lot
be constructed in conformity with these land development regulations; however, an
applicant may request one extension of time for a period not exceeding six months
(7) All lots considered under this article shall be reviewed pursuant-to th�he- design review
process.
lines or curbs or other means to indicate individual spaces and wheel stops shall -be
pro 4ded- Vehicles shall not back out onto any street. The size of the parking spaces,
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wheel steps at the edge of the parking surface. All wheel stops required in this
subsection shall be placed no less than four feet away from each other.
{9) Prior to thc issuance of a building permit, the planning department shall approve the
division hall approve the placement of landscaping.
property
owner is fully and solely responsible for eliminating any contamination resulting from
approved by thc city attorney's office.
{11) No variances shall be granted from the requirements of this section.
acceptable by the planning, design and historic preservation - div+sien- This provision
thc passage 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 LGhuary
, 2018.
Gelber, Mayor
Raf I E ranado
First Reading: Decemb
Second Rea g: January
Verified by:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Th.mas Mooney, / IC
Planning Director
City Attorney
T:\AGENDA\2017 \12 - December \Planning \Provisional Parking Lot Revisions - First ing ORD.docx
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Date
MAMJ BEACH
Ordinances - R5 I
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 17, 2018
5:01 p.m. Second Reading Public Hearing
SUBJECT: PROVISIONAL PARKING LOT AMENDMENT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND
DEVELOPMENT REGULATIONS (LDRs), ENTITLED "OFF - STREET PARKING,"
ARTICLE III "DESIGN STANDARDS ", TO MODIFY THE REQUIREMENTS FOR
TEMPORARY PARKING LOTS AND DELETING THE PROVISIONS OF SECTION
130 -70 IN ORDER TO REMOVE THE STANDARDS FOR PROVISIONAL PARKING
LOTS FROM THE LDRs PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On July 26, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission
approved a dual referral to the Land Use and Development Committee and the Planning Board, to
amend Chapters 114 (Definitions) and 130 (Off- Street Parking) of the Land Development
Regulations of the City Code (item C4B) to remove all provisions pertaining to provisional parking
lots.
On October 11, 2017, the Land Use and Development Committee (LUDC) discussed the item and
recommended that the Planning Board transmit the ordinance to the City Commission with a
favorable recommendation.
PLANNING ANALYSIS
The attached draft amendment proposes to remove all provisions related to "Provisional Parking
Lots." Provisional Parking Lots, unlike "Temporary Parking Lots ", have a lesser requirement for
minimum landscaping, and do not require a paved surface. It has come to the attention of the staff,
that under the Florida Building Code, gravel or lime rock parking lots, even on a "provisional" basis,
are not permitted. As such, the amendment proposed would bring the City's LDRs into compliance
with the requirements of the Florida Building Code and create less confusion for property owners
seeking temporary parking lot approval.
The primary difference between Provisional and Temporary Parking Lots is the paving and
landscape standards. Provisional lots, under the current City Code, can utilize a lime rock base, as
opposed to an all- weather surface such as pavers or asphalt, which is required for Temporary Lots.
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The minimum landscape requirements for Provisional and Temporary Parking Lots are listed in
Section 126 -12 of the City Code. The following is a summary of the primary differences in minimum
landscape standards:
Temporary Parking Lot Minimum Landscape Standards:
• A five -foot (5') wide, landscaped area bordering the surface area along a property line, street, alley
or sidewalk.
• The areas fronting a street or alley shall be landscaped with a grouping of three palms every 15
linear feet of frontage or one canopy tree every 20 feet of frontage.
Provisional Parking Lot Minimum Landscape Standards:
• A two feet, six inches wide landscaped area bordering the surfaced area along all property lines.
• The areas fronting a right -of -way or an alley shall be landscaped with a grouping of three palms
every 20 linear feet of frontage or one canopy tree every 25 feet of frontage.
The biggest difference in landscape standards is the minimum required border (2' -6" for Provisional
Lots and 5' -0" for Temporary Lots). If a Provisional Lot, utilizing a lime rock surface, converts to a
Temporary Lot, it is pretty simple to apply asphalt or pavers over the lime rock, and meet the required
5' -0" border. However, if a Provisional Lot were to be paved, it would be much more difficult to
remove 2' -6" of asphalt or pavers, if the lot were to convert to Temporary status.
While the Provisional Lot standards could be modified to require paved surfaces, this would create
future problems for the lot owner within 18 months, as the lot would need to be significantly modified
in order to be converted to a Temporary Lot. As such the Staff recommends that Sec. 130 -71,
pertaining to `Provisional Parking Lots' be stricken entirely.
PLANNING BOARD REVIEW
On October 24, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on December 13, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking.
Planning
Sponsor
Vice -Mayor John Elizabeth Aleman
ATTACHMENTS:
Description
Form Approved ORDINANCE - Provisional Parking Lots
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D Ad
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VINE I
NEIGHBORS
THURSDAY JANUARY 4 :08
MIAMIHERAWCOA1
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING PROVISIONAL
AND TEMPORARY PARKING LOTS
January 17, 2018
NOTICE 1$ 1 IEREE1Y given that a Second Reading Public Hearing will be
heard by the Mayor and City Commission of the City of Miami Beach, Florida,
in the Commission Chamber, 3rd Floor, City Hall, 1700 convention Center
Drive, Miami Beach, Florida, on January 17, 2018 at 5:01 p.m., or as 60011
thereafter as the matter can be heard, to consider:
AN ORLXNANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE
LAND DEVELOPMENT REGULATIONS (LDAs), ENTITLED "OFF-STREET
PARKING," ARTICLE 111 "1,3ESIGN STANDARDS". TO MODIFY THE
REQUIREMENTS FOR TEMPORARY PARKING LOTS AND DELETING fl 11
PROVISIONS OF SECTION 130-70 IN ORDER TO REMOVE THE STANDARDS
FOR PROVISIONAL 1,›ARKING LOTS FROM THE LORs PROVIDING FOR
FIEPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIve DATE,
This Ordinance is being heard pursuant to Section 118-1641 of the City's
Land Development Code, Section 2,06 of the City Charter and §166,041 FS.
Inquiries may he directed to the Planning Department at 305.67:1768a
INTERESTED PARTIES aro Invited to appear at this meeting, bo 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, 1 Floor, City
Hall, Miami Boa° h, Florida 33189, This Item Is available for public inspection
during normal business hours in the Office of the Gity Clerk Office, 1700
Convention Center Drive, 1 Floor, Gity Hail, Miami Beach, Florida 33189,
This item nay be continued, and under such circumstances, additional legal
notice need not be provided,
F'urstiant to Section 286,01(36, 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 pro c eedings 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 inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter
(five-day notice required), information on access for persons with disabilities,
and/or any accommodation to review any document or participate
in any City-sponsored proceedings, call 306.604.2489 and select
1 for English or 2 for Spanish, then option 0; TTY users may call via 711
(Florida Relay Service),
Rafael E, Granado, City Clerk
City of Miami Beach
Ad 9-0 718
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