Ordinance 2018-4184RM -1 RELIGIOUS INSTITUTIONS PARKING AMENDMENT
ORDINANCE NO. 2018 -4184
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND
DEVELOPMENT REGULATIONS, ENTITLED "OFF- STREET PARKING,"
ARTICLE II "DISTRICTS; REQUIREMENTS," AT SECTION 130 -32,
ENTITLED "OFF- STREET PARKING REQUIREMENTS FOR PARKING
DISTRICT NO. 1," TO MODIFY THE REQUIREMENTS FOR PARKING
DISTRICT NO. 1, TO ALLOW THE PLANNING BOARD, THROUGH THE
CONDITIONAL USE PROCESS, TO WAIVE ALL REQUIRED PARKING
FOR NEW CONSTRUCTION FOR RELIGIOUS INSTITUTIONS IN THE RM-
1 DISTRICT, PROVIDED THE PROPERTY IS LESS THAN 8,000 SQUARE
FEET AND THE CONDITIONAL USE APPLICATION INCLUDES A
TRAFFIC OPERATIONS PLAN; 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 promote community based religious
institutions in the RM -1 Districts providing services to the local community; and
WHEREAS, the City seeks to encourage construction practices that minimize the impact
of off - street parking on the surrounding community; and
WHEREAS, the City of Miami Beach is desirous of improving the parking conditions in
the RM -1 Districts, and the surrounding neighborhoods, by modifying the parking regulations as
set forth hereinafter; 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, entitled "Off- Street Parking," Article II entitled "Districts;
Requirements" at Section 130 -32 entitled "Off- street parking requirements for parking district no
1," is hereby amended as follows:
CHAPTER 130
OFF - STREET PARKING
ARTICLE II - DISTRICTS; REQUIREMENTS
Sec. 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:
(15) Church, synagogue or temple: One space per six seats or bench seating spaces in
main auditorium. The Planning Board, though the conditional use process, may waive
some or all required parking for new construction for religious institutions in the RM -1
district, provided the, property is less than 8,000 square feet. Said conditional use
application shall include a traffic operations plan.
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 1/ day of April 018.
ATTEST:
/ 41f4r'
Rafael E. Granado City Clerk
First Reading: January 17, 2018
Second Reading: F-.ruary 14 201
Verified By:
Thomas R. ooney,
Planning Director
elber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& F }OR XEOUTION
City Attorney
17, f a ((1
Date
MAM
BEACH
Ordinances - R5 G
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 11, 2018
10:30 a.m. Second Reading Public Hearing
SUBJECT: RM -1 RELIGIOUS INSTITUTIONS PARKING AMENDMENT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND
DEVELOPMENT REGULATIONS, ENTITLED "OFF- STREET PARKING," ARTICLE
II "DISTRICTS; REQUIREMENTS," AT SECTION 130 -32, ENTITLED "OFF-
STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," TO
MODIFY THE REQUIREMENTS FOR PARKING DISTRICT NO. 1, TO ALLOW THE
PLANNING BOARD, THROUGH THE CONDITIONAL USE PROCESS, TO WAIVE
ALL REQUIRED PARKING FOR NEW CONSTRUCTION FOR RELIGIOUS
INSTITUTIONS IN THE RM -1 DISTRICT, PROVIDED THE PROPERTY IS LESS
THAN 8,000 SQUARE FEET AND THE CONDITIONAL USE APPLICATION
INCLUDES A TRAFFIC OPERATIONS PLAN; 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 13, 2017, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission approved a dual referral of the subject Ordinance to the Land Use and Development
Committee (LUDC) and the Planning Board for consideration and recommendation (Item C4J.)
On October 30, 2017, the LUDC discussed the proposed Ordinance, and recommended that the
Planning Board transmit the ordinances to the City Commission with a favorable recommendation.
PLANNING ANALYSIS
The attached draft ordinance is proposed by a religious institution located in the RM -1 area of Belle
Isle. The proposal would modify Sec. 130 -32 of the City Code, pertaining to off - street parking
requirements for newly constructed religious institutions in the RM -1 zoning district. Currently,
religious institutions require Conditional Use approval from the Planning Board when they are
proposed to be located in an RM -1 district.
Currently, the City Code requires that a religious institution, or similar place of assembly, provide one
parking space per six seats or bench seating spaces in a main auditorium. This often creates the
need for a substantial amount of off- street parking, which usually remains unused when services are
not being held. Under the proposed ordinance amendment, the Planning Board, through the
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conditional use process, would be able to waive some or all of the required off- street parking for
religious institutions located on properties with an area of less than 8,000 square feet.
Urbanistically, a building setback from the sidewalk and surrounded by surface parking is not ideal,
especially if the parking spaces go unused for the majority of the time. Also, in many cases, religious
institutions are attended by individuals and families that walk to service, as opposed to using a motor
car.
As proposed, through the conditional use process, a new religious institution would be able to present
a traffic study to demonstrate the use of vehicles for similar uses at other locations. The elimination of
all parking may not be warranted in certain instances, particularly if the congregation uses vehicles,
or there are administrative staff and employees that may need parking. In this regard, the operational
needs of the individual establishments would be evaluated on a case -by -case basis through the
conditional use process, and a determination would be made by the Planning Board as to whether
some or all of the required parking may be waived.
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 came before the City Commission for First Reading on December 13, 2017.
Due to the length of the agenda, the item was deferred to the January 17, 2018 meeting. The
Ordinance was approved at First Reading on January 17, 2018, with instruction to the item proposer
to engage in additional outreach with the residents of Belle Isle. The proposer has indicated that they
have initiated outreach efforts and will report the findings to the City Commission.
On February 14, 2018, Second Reading of the proposed ordinance was deferred to March 7, 2018.
On March 7, 2018 Second Reading of the proposed ordinance was deferred to April 11, 2018.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
Form Approved ORD - RM1 Roligous Parking
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