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Ordinance 2018-4161RM -3 HOTELS — ARCHITECTURAL DISTRICT PARKING ORDINANCE NO. 2018 -4161 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, BY AMENDING CHAPTER 130 "OFF - STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," BY AMENDING THE OFF- STREET PARKING REQUIREMENTS FOR OCEANFRONT HOTELS ZONED RM -3 IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, current parking requirements for hotels, and for convention hotels contain a requirement for parking spaces based upon the number of rooms within the hotel and additional parking requirements for accessory uses within hotels; and WHEREAS, changes in patterns and norms regarding the use of automobiles in urban areas such as Miami Beach, has changed the need for excessive parking in hotels; and WHEREAS, existing parking requirements for hotels have not kept up with these aforementioned changes in automobile usage; and WHEREAS, the proposed changes are necessary in order to promote good hotel development and the preservation of certain contributing hotels in the Architectural District. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. Section 1. Section 130 -32, "Off Street parking requirements for Parking District No. 1," is hereby amended as follows. Section 130 -32 - Off - street parking requirements for parking district no. 1 Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 1, accessory off - street parking spaces shall be provided for the building, structure or additional floor area as follows: (26)(A)For oceanfront lots zoned RM -3 in the architectural district, between 15th Street and 23rd Street, containing a contributing structure, where the main or primary use is a hotel, the following shall apply to new construction: (1) Hotel Units. There shall be no parking requirement for new construction containing hotel units where the total number of hotel units is not increased from the existing business tax receipt (BTR). (2) Retail Meetin requirement for individual accessor use establishments h re accessor uses. of 3,000 square feet or less. For individual accessory use establishments over 3 000 square feet there shall be one space for ever 300 s•uare feet of floor area. A covenant running with the land, approved by the City Attorney, shall be recorded to ensure that individual accessory use establishments will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one -time parking impact fee for each required parking space. Notwithstandin• the above when the total a••re•ate s•uare footage of the above - mentioned accessory uses in this subsection (2) exceeds 10% of the gross floor area on the property, then parking shall be required for all of the uses. rooms or other •laces of assembl . There shall be no arkin t h (3) Restaurant, dining area, lounge, outdoor cafe or bar: There shall be no parking requirement for individual accessory establishments, that are accessory to hotel uses. of 3,000 square feet per hotel. For individual accessory establishments over 3,000 square feet there shall be one space per four seats or one space per 60 square feet of space not used for seating. A covenant running with the land, approved by the City Attorney, shall be recorded to ensure that individual accessory establishments will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one -time parking impact fee for each required parking space. Notwithstanding the above, when the total aggregate square footage of the above- mentioned accessory uses in this subsection (2) exceeds 20% of the gross floor area on the property, then parking shall be required for all of the uses. (4) G mnasiums S•as or Saunas: There shall be no • arkin avmnasiums. s as or saunas for re•istered hotel re uirement for accessor uests onl The use of gymnasiums, spas or saunas by the general public shall comply with all applicable parking requirements. 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. 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, as amended. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate word. 2 SECTION 4. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the A7 day of Z- kart/ , 2018. r PASSED and ADOPTED this I T day of -jot h (4c r , 2018. ATTEST: ber, Mayor Rafae 2R �. E. Granado, City Clerk oBN ECG: sko First Reading: December 13, 2017 Second Reading: January 17, 2018 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 5 Underscore Denotes New Text H N2 Double Underscore Denotes Text Added at Second R`e'ading City Attorney T :\AGENDA \2018 \02 February \Planning \RM -3 Architectural District Parking - Second Reading ORD - FINAL.docx 3 iO Da MIAM BEACH Ordinances R5 E COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 17, 2018 10:20 a.m. Second Reading Public Hearing SUBJECT: RM -3 HOTELS - ARCHITECTURAL DISTRICT PARKING: 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, BY AMENDING CHAPTER 130 "OFF- STREET PARKING," ARTICLE 11, "DISTRICTS; REQUIREMENTS," BY AMENDING THE OFF - STREET PARKING REQUIREMENTS FOR OCEANFRONT HOTELS ZONED RM -3 IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. ANALYSIS HISTORY On September 25, 2017, at the request of former Commissioner Joy Malakoff, the subject ordinance was referred to the Land Use and Development Committee (LUDC) for consideration and recommendation (Item C4M.) On October 11, 2017, the LUDC discussed the proposed Ordinance, as well as a companion Ordinance referred by the City Commission on September 25, 2017 (Item C4X, sponsored by Commissioner Malakoff). The Land Use Committee recommended that the two Ordinances be combined into a single Ordinance and that the City Commission refer the item to the Planning Board. Vice -Mayor John Elizabeth Aleman is the sponsor of the proposed Ordinance. On October 18, 2017, the City Commission referred the combined item to the Planning Board (Item C4Q.) PLANNING ANALYSIS The attached draft ordinance, which has been proposed by an oceanfront hotel, would modify Sec. 130 -32 of the City Code, pertaining to off - street parking requirements for oceanfront lots zoned RM -3 in the architectural district. Specifically, for oceanfront properties located between 15th Street and 23rd Street on the east side of Collins Avenue, which contain a contributing structure and where the primary use is a hotel, the following revised parking requirements would apply to new construction: • Hotel Units: No parking requirement for new construction containing hotel units where the total number of hotel units is not increased from the existing business tax receipt. Page 480 of 923 • Retail, Meeting rooms or other places of assembly: No parking requirement for individual accessory use establishments of 5,000 square feet or less. For individual accessory use establishments over 5,000 square feet, there shall be one space for every 300 square feet of floor area. A covenant running with the land, approved by the City Attorney, shall be recorded to ensure that individual accessory use establishments will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one- time parking impact fee for each required parking space. Notwithstanding the above, when the total aggregate square footage of the above- mentioned accessory uses In this subsection (2) exceeds 10% of the gross floor area on the property, then parking shall be required for all of the uses. • Restaurant, dining area, lounge, outdoor cafe or bar. No parking requirement for individual accessory establishments of 5,000 square feet per hotel. For individual accessory establishments over 5,000 square feet there shall be one space per four seats or one space per 60 square feet of space not used for seating. A covenant running with the land, approved by the City Attorney, shall be recorded to ensure that individual accessory establishments will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one -time parking impact fee for each required parking space. Notwithstanding the above, when the total aggregate square footage of the above- mentioned accessory uses in this subsection (2) exceeds 20% of the gross floor area on the property, then parking shall be required for all of the uses. • Gymnasiums, Spas or Saunas: No parking requirement for accessory gymnasiums, spas or saunas. The Ordinance is proposed due to the lack of adequate space and access challenges associated with current off - street parking requirements. The changes proposed would allow for the renovation of existing hotels within the affected area, including minor new construction up to the threshold limitations noted above, without a parking requirement. PLANNING BOARD REVIEW On November 21, 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 a very minor change to adjust the threshold square footage for accessory retail, meeting rooms or other places of assembly, restaurant, dining area, lounge, outdoor cafe or bar uses, from 5,000 square feet to 3,000 square feet. This change has been incorporated into the revised Ordinance for Second Reading. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Legislative Tracking Planning Sponsor Vice -Mayor John Elizabeth Aleman Page 481 of 923 ATTACHMENTS: Description Form Approved ORD - RM3 Hotel Parking Page 482 of 923