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Ordinance 2018-4160BELOW GRADE PARKING — MINIMUM REQUIREMENTS AND CRITERIA ORDINANCE NO, 2018 -4160 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY CREATING BELOW GRADE OFF - STREET PARKING CRITERIA AT SECTION 130 -60, ENTITLED "CRITERIA FOR BELOW GRADE OFF - STREET PARKING;" BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS," TO MODIFY THE MINIMUM SETBACK REQUIREMENTS FOR SUBTERRANEAN LEVELS IN CERTAIN ZONING DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Comprehensive Plan (hereinafter "Comprehensive Plan "), Future Land Use Element, at Policy 3.6 requires that the City "[m]aximize unpaved landscape to allow for more storm water infiltration. Encourage planting of vegetation that is highly water absorbent, can withstand the marine environment, and the impacts of tropical storm winds. Encourage development measures that include innovative climate adaption and mitigation designs with creative co- benefits where possible;" and WHEREAS, the Comprehensive Plan, Conservation /Coastal Zone Management Element, at Policy 2.12 provides that "[s]alt tolerant landscaping and highly water - absorbent, native or Florida friendly plants shall continue to be given preference over other planting materials in the plant materials list used in the administration of the landscape section of the Land Development Regulations and the design review process ;" and WHEREAS, the Comprehensive Plan, Conservation /Coastal Zone Management Element, at Objective 13 provides policies to "[i]ncrease the City's resiliency to the impacts of climate change and rising sea levels by developing and implementing adaptation strategies and measures in order to protect human life, natural systems and resources and adapt public infrastructure, services, and public and private property;" and WHEREAS, the Comprehensive Plan designates the entire City as an "Adaptation Action Area" (AAA) containing one or more areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure and adaptation planning; and Page 1 of 14 WHEREAS, the Comprehensive Plan, Conservation /Coastal Zone Management Element, at Policy 13.4 states that "the City will develop and implement adaptation strategies for areas vulnerable to coastal flooding, tidal events, storm surge, flash floods, stormwater runoff, salt water intrusion and other impacts related to climate change or exacerbated by sea level rise, with the intent to increase the community's comprehensive adaptability and resiliency capacities." NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 130, "Off - Street Parking ", Article III, "Design Standards," is amended, as follows: CHAPTER 130 OFF - STREET, PARKING ARTICLE III - DESIGN STANDARDS Sec. 130 -60. — Criteria for below grade off- street parking. All off - street parking, whether required parking or not, located below current sidewalk grade, including, but not limited to, below grade, basement or subterranean parking, shall comply with the following: a. Ramping and access to all below grade parking levels from adjacent streets and rights -of -way shall be provided within the confines of the property. No ramps shall encroach into the public right -of -way. Additionally, the design and dimensions of all proposed ramping and access to below grade parking levels shall be able to accommodate a minimum future elevation of 3.7 NAVD for adjacent and abutting public sidewalks, streets and public right -of -ways. b. The minimum setback requirements for all below grade parking levels shall meet the applicable pedestal setback requirements within the underlying zoning district. c. All below grade floors shall include excess water pumping capability, in a manner consistent with the Public Works Manual, as may be amended. d. For properties containing a "contributing" building, and located within a Local Historic District or Designated Historic Site, the Historic Preservation Board shall have the ability to waive the applicable pedestal setback requirements for below grade parking levels, in accordance with the Certificate of Appropriateness criteria in Chapter 118, Article X. SECTION 2. Chapter 142, entitled "Zoning Districts and Regulations," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Page 2 of 14 Chapter 142 ZONING DISTRICTS AND REGULATIONS ARTICLE II. - DISTRICT REGULATIONS * * * DIVISION 3. - RESIDENTIAL MULTIFAMILY DISTRICT * * * Subdivision II. - RM -1 Residential Multifamily Low Intensity * * * Sec. 142 -156. - Setback requirements. (a) The setback requirements for the RM -1 residential multifamily, low density district are as follows: Page 3 of 14 Front Side, Interior Side, Facing a Street Rear At -grade parking lot on the same lot except where (c) below is applicable 20 feet Five (5) feet, or five percent (5 %) of lot width, whichever is greater Five (5) feet ' or five percent (5 /o) of lot width, whichever is greater Non - oceanfront lots —five (5) feet Oceanfront Tots -50 feet from bulkhead line Subterrancan 20 feet 5 feet, 5% feet, lot 5 feet, 5% Non oceanfront lots-- 0-feet OceanT f or of ,n �n, 5% of or of lot width, is ' fcet if whichever is lots 50 feet greater (0 lot is 50 fcct greater l frnr„ i h� ____ ! line -width or -less) Subterranean 20 feet Except lots A and 1— 30 of the Amended Plat Indian Beach Corporation Sum of the side yards shall equal 16% of lot width Minimum -7.5 feet or eight Sum of the side yards shall equal 16% of lot width Non - oceanfront lots -10% of lot depth Oceanfront lots -20% of and Pedestal Page 3 of 14 Subdivision IV. - RM -2 Residential Multifamily, Medium Intensity Sec. 142 -218. - Setback requirements, (a) The setback requirements in the RM -2 residential multifamily, medium intensity district are as follows: Front Side, Interior Side, Facing a Street At- grade parking lot on the same lot except where (b) below is applicable Five (5) feet, or five percent (5 %) 20 feet of lot width, whichever is greater Page 4 of 14 Five (5) feet, or five percent (5 %) of lot width, whichever is Rear Non - oceanfront lots —Five (5) feet Oceanfront lots -50 feet Subdivision and lots 231 -237 of the Amended Plat of First Ocean Front Subdivision -50 feet percent (8 %) of IotMinimum width, whichever is greater -7.5 feet or eight percent (8 %) of lot width, whichever is greater lot depth, 50 feet from the bulkhead line whichever is greater 20 feet + one (1) foot for every one (1) foot increase in height Sum of the Non - oceanfront above 50 feet, to a The required side yards lots -15% of maximum of 50 feet, then shall remain pedestal setback plus 040 10% of shall equal 16% of the lot lot depth Oceanfront constant. Except lots A the height of the width lots -25% of Tower and 1— tower portion of Minimum -7.5 lot depth, 75 30 of the Amended the building. The feet or eight feet minimum Plat Indian Beach total required percent (8 %) from the Corporation Subdivision and lots setback shall not exceed 50 feet of lot width, whichever is bulkhead line whichever is 231 -237 of the Amended Plat of First greater greater Ocean Front Subdivision -50 feet Subdivision IV. - RM -2 Residential Multifamily, Medium Intensity Sec. 142 -218. - Setback requirements, (a) The setback requirements in the RM -2 residential multifamily, medium intensity district are as follows: Front Side, Interior Side, Facing a Street At- grade parking lot on the same lot except where (b) below is applicable Five (5) feet, or five percent (5 %) 20 feet of lot width, whichever is greater Page 4 of 14 Five (5) feet, or five percent (5 %) of lot width, whichever is Rear Non - oceanfront lots —Five (5) feet Oceanfront lots -50 feet C� h +orrono9v� � 20 feet greater 5 feet, 5% from bulkhead line 5feet, or5 %of- oceanfront lots 0 feet lot width, whichever is or lot >t (0 feet if of width, whichever is lots 50 feet greater. lot is 50 greater from bulkhead width feet le-s) line or Subterranean 20 feet Except lots A and 1 -30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231 -237 of the Amended Plat of First Ocean Front Subdivision -50 feet Sum of the side yards shall equal 16% of lot width Minimum -7.5 feet or eight percent (8 %) of lot width, whichever is greater Sum of the side yards shall equal 16 /o of lot width Minimum — 7.5 feet or eight percent (8 %) of lot Width, whichever is greater Non - oceanfront lots -10% of lot depth Oceanfront lots -20% of lot depth, 50 feet from the bulkhead line whichever is greater and Pedestal Tower 20 feet + one (1) foot for every one (1) foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constant. Except lots A and 1 -30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231 -237 of the Amended Plat of First Ocean Front Same as pedestal for structures with a total height of 60 feet or less. The required pedestal setback plus 0,1-0 10% of Sum of the side yards shall equal 16% of the lot width Minimum— 7.5 feet or eight percent (8 %) of lot width, whichever is greater Non - oceanfront lots -15% of lot depth Oceanfront lots -25% of lot depth, 75 feet minimum from the bulkhead line whichever is greater the height of the tower portion of the building. The total required setback shall not exceed 50 feet Page 5 of 14 Subdivision -50 feet (b) In cases where the city commission approves after public hearing a public - private parking agreement for a neighborhood based upon an approved street improvement plan, the minimum front yard setback for parking subject to the agreement shall be zero feet. The street improvement plan must be approved by the design review board if outside an historic district, or the historic preservation board if inside an historic district. Subdivision V. - RM -3 Residential Multifamily, High Intensity Sec. 142 -247. - Setback requirements. (a) The setback requirements for the RM -3 residential multifamily, high intensity district are as follows: Page 6 of 14 Front Side, Interior Side, Facing a Street Rear At -grade parking lot on the same lot 20 feet Five (5) feet, or five percent (5 %) of lot width, whichever is greater Five (5) feet, or five percent (5 %) of lot width, whichever is greater Non - oceanfront lots —Five (5) feet Oceanfront lots -50 feet from bulkhead line Subterran - n 20 feet 5 feet, or 5% lot 5 feet, 5% Non oceanfront lots 0 feet of ' width whichever is or of lot n^ feet if width, whichever is nt lots 50 feet greater. (0 lot width is 50 feet mater head e or less} Subterranean 20 feet Except lots A and 1— 30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231 -237 of the Amended Plat of First Sum of the side yards shall equal 16% of lot width Minimum -7.5 feet or percent (8 /o) of lot width, whichever is Sum of the side yards shall equal 16% of lot width Minimum -7.5 feet or eight percent (8 %) Non - oceanfront lots -10% of lot depth Oceanfront lots -20% of lot depth, 50 feet from the bulkhead line and Pedestal Page 6 of 14 DIVISION 4. – CD -1 COMMERCIAL, LOW INTENSITY DISTRICT Sec. 142 -277. - Setback requirements. (a) The setback requirements for the CD -1 commercial, low intensity district are as follows: Ocean Front Subdivision -50 feet greater of lot width, whichever is greater whichever is greater Tower 20 feet + one (1) foot for every one (1) foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constant. constant. Except lots A and 1— 30 of the Amended Plat Indian Beach Corporation Subdivision and Tots 231 -237 of the Amended Plat of First Ocean Front Subdivision -50 feet The required pedestal setback plus 0.1 -010 %0 of Sum of the side yards shall equal 16% of the lot width Minimum -7.5 feet or eight percent (8 %) of lot width whichever is greater Non-oceanfront of lot of lot lots-15% depth de t p Oceanfront lots -25 %o of lot depth, 75 feet minimum from the bulkhead line whichever is greater the height of the tower portion of the building. The total required setback shall not exceed 50 feet DIVISION 4. – CD -1 COMMERCIAL, LOW INTENSITY DISTRICT Sec. 142 -277. - Setback requirements. (a) The setback requirements for the CD -1 commercial, low intensity district are as follows: Page 7 of 14 Front Side, Interior Side, Facing a Street Rear At -grade parking lot on the same lot Five (5) feet Five (5) feet Five (5) feet Five (5) feet If abutting an alley —zero (0) feet Subtcrrancan 0-feet 0-feet 0-feet 0-feet Subterranean, Zero (0) feet Residential uses shall follow the RM- 1, 2, 3 setbacks 10 feet when abutting a residential district, 10 feet when abutting a residential district, unless Five (5) feet 10 feet when abutting a residential district Pedestal and tower (non - Page 7 of 14 oceanfront) (See sections 142- 156, 142 -218 and 142 -247) otherwise none Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections 142 -156, 142- 218 and 142- 247) separated by a street or waterway otherwise none Residential uses shall follow the RM -1, 2, 3 setbacks (See sections 142 -156, 142- 218 and 142- 247) unless separated by a street or waterway in which case it shall be zero (0) feet. Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections 142- 156, 142 -218 and 142 -247) Subterranean, Pedestal -15 feet Tower -20 feet + one (1) foot for every one (1) foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constant. Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections 142- 156, 142 -218 and 142 -247) Commercial uses -10 feet Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections 142 -156, 142- 218 and 142- 247) Commercial uses -10 feet Residential uses shall follow the RM -1, 2 3 setbacks (See sections 142 -156, 142- 218 24nd)142- 25% of lot depth, 75 feet minimum from the bulkhead line whichever is greater Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections 142- 156, 142 -218 and 142 -247) Pedestal and tower (oceanfront) DIVISION 5. - CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT * Sec. 142 -307. - Setback requirements. (a) The setback requirements for the CD -2 commercial, medium intensity district are as follows: Front Side, Side, Facing Interior a Street Rear Page 8 of 14 At -grade parking lot on the same lot Five (5) feet Subterranean &feet Subterranean, Pedestal and tower (non - oceanfront) Subterranean, Pedestal and tower (oceanfront) Zero (0) feet Residential uses shall follow the RM -1, 2, 3 setbacks (See sections 142 -156, 142 -218 and 142- 247) Five (5) feet 0-eet 10 feet when abutting a residential district, otherwise none Residential uses shall follow the RM -1, 2, 3 setbacks (See sections 142 -156, 142 -218 and 142 - 247) Pedestal -15 feet Tower -20 feet + 1 foot for every 1 foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constant. Residential uses shall follow the RM -1, 2, 3 setbacks Five (5) feet 0-feet 10 feet when abutting a residential district, unless separated by a street or waterway otherwise none Residential uses shall follow the RM -1, 2, 3 setbacks (See sections 142 -156, 142 -218 and 142 -247) Commercial uses -10 feet Residential uses shall follow the RM -1, 2, 3 setbacks (See sections 142 -156, 142 -218 and 142 -247) Five (5) feet If abutting an alley —zero (0) feet 0feet Five (5) feet 10 feet when abutting a residential district unless separated by a street or waterway in which case it shall be zero (0) feet. Residential uses shall follow the RM -1, 2, 3 setbacks (See sections 142 -156, 142 -218 and 142 -247) Commercial uses - 10 feet Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections 142- 156, 142 -218 and 142 -247) Page 9 of 14 25% of lot depth, 75 feet minimum from the bulkhead line whichever is greater Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections 142- 156, 142 -218 and 142 -247) (See sections 142 -156, 142- 218 and 142- 247) DIVISION 6. - CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT Sec. 142-338. - Setback requirements. (a) The setback requirements for the CD -3 commercial, high intensity district are as follows: J Page 10 of 14 Front Side, Interior Side, Facing a Street Rear At -grade parking lot on the same lot Five (5) feet Five (5) feet Five (5) feet Five (5) feet If abutting an alley — zero (0) feet Subterrancan 0 feet 0-feet 0 -feet 0 -feet Subterranean, Zero (0) feet Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections 142- 156, 142 -218 and 142 -247) 10 feet when abutting a residential district, otherwise none Residential uses shall follow the RM -1, 2, 3 setbacks (See sections 142 -156, 142- 218 and 142- 247) 10 feet when abutting a residential district, unless separated by a street or waterway otherwise none Residential uses shall follow the RM- 1 2, 3 setbacks (See sections 142 -156, 142- 218 and 142- 247) Five (5) feet 10 feet when abutting a residential district unless separated by a street or waterway in which case it shall be zero (0) feet. Residential uses shall follow the RM -1, 2, 3 setbacks (See sections 142 - 156, 142 -218 and 142 -247) Pedestal and tower non- (non- oceanfront) Subterranean, Pedestal -15 feet Tower -20 feet + Commercial uses -10 feet Commercial uses-10 feet 25% of lot depth, 75 feet minimum from Pedestal and Page 10 of 14 tower (oceanfront) one (1) foot for every one (1) foot increase in height above 50 feet, to a maximum of 50 Residential uses shall follow the RM -1, 2, 3 setbacks Residential uses shall follow the RM- 1, 2, 3 setbacks (See sections the bulkhead line whichever is greater Residential uses shall follow the RM- 1, 2, 3 setbacks At -grade parking lot on the same lot feet, then shall (See sections 142 -156, 142- (See sections 142 - Subterranean remain constant. 142 -156, 142- 218 and 142- 156, 142 -218 and 20 feet Residential uses shall follow the RM- 218 and 142- 247) 247) 142 -247) 1, 2, 3 setbacks (See sections 142- 156, 142 -218 and 142 -247) DIVISION 14. - RO RESIDENTIAL /OFFICE DISTRICT Subdivision IV. - RO -3 Residential /Office Medium Intensity Sec. 142 -599. - Setback requirements. (a) The setback requirements for the RO -3 residential /office medium intensity district are as follows: Page 11 of 14 Front Side, Interior Side, Facing a Street Rear At -grade parking lot on the same lot 20 feet Five (5) feet, or five percent (5 %) of lot width, whichever is greater Five (5) feet, or five percent (5 %) of lot width, whichever is greater Non- oceanfront lots— five (5) feet Oceanfront lots -50 feet from bulkhead line Subterranean 5 feet, or 5% of let-widlth-, whichever is 5 -feet, or 5% of No+n- oceanfront lots 0 feet 20 feet lot width, whichever is Sit Page 11 of 14 DIVISION 18. - PS PERFORMANCE STANDARD DISTRICT Sec. 142 -697. - Setback requirements in the R -PS1, 2, 3, 4 districts. (a) The setback requirements in the R -PS1, 2, 3, 4 districts are as follows: Front (0 feet if greatcr lots 50 feet greater lot width is 50 fcct less) from bulkhead l+ne or Pedestal and 20 feet Except Tots A and 1 -30 of Amended Plat Indian Beach Corporation Subdivision and lots 231 -237 of the Amended Plat of First Ocean Front Subdivision -50 feet Sum of the side yards shall equal 16% of lot width Minimum -7.5 feet or eight percent (8 %) of lot width, whichever is greater Sum of the side yards shall equal 16% of lot width Minimum -7.5 feet or eight percent (8 %) of lot width, whichever is greater Non - oceanfront lots -10% of lot depth Ocean front lots -20% of lot depth, or 50 feet from the bulkhead line whichever is greater subterranean Tower 20 feet + one (1) foot for every one (1) foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constant. Except lots A and 1 -30 of the Amended Plat Indian Beach Corporation Subdivision and Tots 231 -237 of the Amended Plat of First Ocean Front Subdivision -50 feet The required pedestal setback plus 10% of the height of the tower portion of the building. The total required setback shall not exceed 50 feet Sum of the side yards shall equal 16% of the lot width Minimum -7.5 feet or eight percent (8 %) of lot width, whichever is greater Non - oceanfront lots -15% of lot depth Oceanfront lots -25 /o of lot depth, or 75 feet minimum from the bulkhead line whichever is greater DIVISION 18. - PS PERFORMANCE STANDARD DISTRICT Sec. 142 -697. - Setback requirements in the R -PS1, 2, 3, 4 districts. (a) The setback requirements in the R -PS1, 2, 3, 4 districts are as follows: Page 12 of 14 Front Side, Interior Side, Facing a Street Rear Page 12 of 14 At -grade parking lot (below building) Five (5) feet Five (5) feet Five (5) feet Nonoceanfront lots — five (5) feet Oceanfront Tots -50 feet from bulkhead line Subterranean 5 feet 5 feet 5 feet Nonoceanfront Tots 0 feet Oc- anfront ont lots- 50 feet from bulkhead line. Pedestal and Five(5) feet 7.5 feet, except when section (e) below applies. Lots 50 feet wide or less —Five (5) feet, however, for residential apartment structures seeking approval under section 142 -696.4 above, on lots greater than 50 feet in width, 15 feet for any portion of the pedestal above 35 feet in height. Five (5) feet Nonoceanfront lots — 10 % of lot depth Oceanfront lots -20% of lot depth, 50 feet minimum from bulkhead line. subterranean Tower 50 feet, except that in the R -PS4 within the Ocean Beach historic district, the minimum shall be 60 feet; however for residential apartment structures seeking approval under section 142- 696.4 above, the tower setback shall be determined by the historic preservation board. The required pedestal setback o plus 9-18 10% the The required pedestal setback plus 10% the Nonoceanfront lots — 15% of lot depth o Oceanfront lots -25 % of lot depth, 75 feet minimum from bulkhead line; however, for residential apartment structures seeking approval under section 142 -696.4 above, the tower setback shall be the same as the pedestal setback. height of the building; however, for residential apartment structures seeking approval under section 142 -696.4 above, 15 feet. height of the building. Page 13 of 14 SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 4. CODIFICATION. 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 re- numbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 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 ten days following adoption. PASSED and ADOPTED this /7 day of LahhGry/ , 2018. ATTEST: R 2'J• City Clerk X1.....1114 .,,� �`c� +ber, Mayor 0 APPROVED AS TO INCOFtP ORAf ED I FORM & LANGUAGE :'.- & FOR EC, TION 1 First Reading: December 13, 2 Second Reading: January l7 , 201 Verified By: City Attorney Thomas R. ooney, ICP Planning Director T:\AGENDA\2017 \12 - December \Planning \Below Grade Parking Criteria - First Reading ORD.docx Page 14 of 14 Date /\/UAMI BEACH Ordinances - R5 D COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 17, 2018 10:15 a.m. Second Reading Public Hearing SUBJECT: BELOW GRADE PARKING - MINIMUM REQUIREMENTS AND CRITERIA: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY CREATING BELOW GRADE OFF- STREET PARKING CRITERIA; BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS," TO MODIFY THE MINIMUM SETBACK REQUIREMENTS FOR SUBTERRANEAN LEVELS IN CERTAIN ZONING DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. ANALYSIS HISTORY On May 17, 2017, at the request of the City Commission, the subject ordinance was referred to the Land Use and Development Committee for consideration and recommendation (Item R5T). On June 14, 2017, the Land Use Committee discussed the proposed Ordinance and recommended that the City Commission refer the item to the Planning Board. Commissioner John Elizabeth Aleman is the sponsor of the proposed Ordinance. On July 26, 2017, the City Commission referred the proposed Ordinance amendment to the Planning Board. PLANNING ANALYSIS On May 17, 2017, the City Commission approved a separate ordinance establishing Land Use Board criteria pertaining to sea level rise and resiliency. As part of the original draft Ordinance, a prohibition on below grade parking was considered and discussed. In lieu of prohibiting below grade parking, the City Commission referred a separate Ordinance amendment to the Land Use and Development Committee to address the following: 1. Providing sufficient setbacks for ramping and access to below grade levels from adjacent streets and rights -of -way, in order to ensure sufficient dimensions to accommodate the future raising of public sidewalks, streets and public right -of -way, and without ramps encroaching into the public right - of -way. Page 464 of 923 2. Increasing the minimum setback requirements for all below grade structures to meet the applicable pedestal setback requirements, in order to allow for permeable areas on the site and natural drainage of storm water. 3. Providing sufficient pumping capacity to ensure all below grade levels remain dry without affecting surrounding properties. 4. For properties containing a `contributing' building, and located within a Local Historic District or Designated Historic Site, the Historic Preservation Board shall have the ability to waive the setback requirements for below grade parking levels, in accordance with the applicable Certificate of Appropriateness criteria. The attached draft ordinance contains the above noted criteria, as revised per the recommendation of the Land Use Committee. These review criteria will provide additional tools for ensuring that future below grade parking structures will be more environmentally sensitive and resilient. In addition to the criteria proposed for Chapter 130 in the attached draft ordinance, setback modifications for all zoning districts in Chapter 142 that allow subterranean levels have also been made part of the proposed legislation. PLANNING BOARD REVIEW On September 26, 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 o Form Approved ORDINANCE - Below Grade Parking Page 465 of 923