2003-3399 Ordinance
ORDINANCE NO, 2003-3399
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF-STREET
PARKING" OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING SECTION 130-68, "COMMERCIAL AND NON-COMMERCIAL
PARKING GARAGES," TO INCLUDE PROVISIONS FOR ALLOWING NON-
RESIDENTIAL USE OF CERTAIN PARKING GARAGES IN RM-1 DISTRICTS,
AND ALLOWING GROUND-FLOOR COMMERCIAL USES WITHIN CERTAIN
PARKING GARAGES IN RM-2 DISTRICTS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 130 of the Land Development Regulations of the Code of the City of
Miami Beach contains various provisions related to off-street parking; and
WHEREAS, it is necessary to review the regulation of off-street parking from time to time
and adapt those regulations to changing needs; and
WHEREAS, amending the existing off-street parking regulations will provide for more
consistency with a changing environment and will improve the efficiency and effectiveness of the
Land Development Regulations, and the orders of the various land development review boards.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Sec. 130-68. Commercial and noncommercial parking garages,
Commercial and noncommercial parking garages, as a main use on a separate lot shall be subject
to the following regulations, in addition to the other regulations of this article:
(1) When located in the CD-1, CD-2, CD-3, C-PS1, C-PS2. C-PS3, C-PS4 and MXE
districts and in GU districts adjacent to commercial districts, a commercial or
noncommercial parking garage shall have, at a minimum, first floor frontage
consisting of space which is to be occupied for accessory residential or commercial
uses along every facade facing a street. excluding frontage for entrance and exit
drives. However, in no instance shall the above-described residential or commercial
space exceed 25 percent of the total floor area of the structure. Additionally, in no
instance shall the amount of floor area ofthe structure used for parking, exclusive of
the required parking for the above described residential or commercial space. be
less than 50 percent of the total floor area of the structure, so as to insure that the
structure's main use is as a parking garage.
(2) When located in the RM-1, RM-2, RM-3, R-PS1, R-PS2, R-PS3 and R-PS4 districts
and the GU districts adjacent to residential districts. a commercial or noncommercial
parking garage shall at a minimum be architecturally compatible with the character
of the surrounding residential district. Where feasible, residential uses are
encouraged on the facades facing a street. In addition~
@} When a parking garage is located in the RM-3 or R-PS4 districts, or, on
Collins Avenue, from 25th to 44th Streets, aAd or on West Avenue. south of
11th Street, in an RM-2 district where the subject site is located adjacent to
@} When a parking garage is located in the RM-3 or R-PS4 districts, or, on
Collins Avenue, from 25th to 44th Streets, aM or on West Avenue, south of
11 th Street, in an RM-2 district where the subject site is located adjacent to
an RM-3 district. such garage may also have first floor frontage with space
occupied for commercial uses facing the subject RM-3 area,
!!ll When a parkina aaraae is located in an RM-1 district. where the subiect site
is abuttina a propertv line or separated by an alley from a CD-3 district. the
aaraae may also serve commercial uses.
f!j When a parkina aaraae is located in an RM-2 district. where the subiect site
is frontina on or separated by a street but not an alley or property line from a
CD-2 or CD-3 district. such aaraae may also have first floor frontaae with
space occupied for commercial uses facina the subiect CD-2 or CD-3 area,
and also serve commercial uses,
(d) Anv parkina structure permitted under (b) and (c) above that serve
commercial uses shall be restricted to self-parkina only. No valet parkina
shall be allowed.
(e) At least one third (1/3) of the parkina spaces in any parkina structures
permitted under (b) and (c) above. shall be dedicated for residential uses at
all times. The Plannina Board may. based upon the proiected neiahborhood
demand. increase or decrease the percentaae of residential parkina as part
of the conditional use process,
(f) When commercial uses are permitted in the around floor of parkina
structures under this subsection (2) dance halls. entertainment
establishments. neiahborhood impact establishments. outdoor entertainment
establishments or open-air entertainment establishments shall be prohibited
uses in the aaraae structure.
Ho.....e.'er, +in no instance shall the above described combined residential and/or
commercial space exceed 25 percent of the total floor area ofthe structure, with the
commercial space not exceeding ten percent of the total floor area of the structure,
nor shall any accessory commercial space exceed 40 feet in depth. Additionally, in
no instance shall the amount of floor area of the structure used for parking,
exclusive of the required parking for the above described residential or commercial
space, be less than 50 percent of the total floor area of the structure, so as to insure
that the structure's main use is as a parking garage. Signage for commercial uses
allowable under this provision are limited to one nonilluminated sign no greater than
ten square feet in area per business.
(3) When located in residential districts, a commercial or noncommercial parking garage
shall serve only residential uses with tho excoption of any commeroial spaoe within
suoh garage except as provided in (2) above. A commercial or noncommercial
parkina aaraae shall provide reauired parkina for any commercial use located within
the aaraae.
*
*
*
2
SECTION 3, 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 renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
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 f 1I0wing adoption.
PASSED and ADOPTED this 26
,2003.
JkT: ~
Mr 'aA~
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
1]~ rO~/- 03
11- City Attorney Date
First Reading:
Second Reading:
Underscore denotes new language
Strikothrough denotes deleted language
F:\PLAN\$PLB\draft ordinances\1546 garage in RM rev 2,14-ll3.doc
3
CITY OF MIAMI BEACH
PROPOSED AMENDMENTS TO CHAPTER 130 "OFF STREET PARKING"
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CITY OF MIAMI BEACH
PROPOSI!D AMENDMENTS TO CHAPTER 130 "OFF STREET PARKINGR
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Second reading public hearing - Ordinance amending land development regulations - parking structures in
residential zoning districts to also serve commercial uses.
Issue:
Should the City Commission amend the City Code to allow parking structures in residential districts to also
serve commercial uses in limited circumstances?
Item Summary/Recommendation:
The proposed amendment will allow these structures to serve commercial uses in certain instances: when
in RM-1 abutting a property line or across an alley from a CD-3 district; and in addition. when located in
RM-2 fronting on, or across a street from a CD-2 or CD-3 district, can also have commercial uses on the
ground floor.
Approve the proposed ordinance.
Advisory Board Recommendation:
Planning Board voted 4-0 (2 absent, 1 recusal) to recommend that the City Commission approve the
proposed ordinance.
On March 25, 2002. the City Commission held a Parking Workshop where several suggestions were made
to amend the proposed ordinance in order to safeguard the peaceful enjoyment of the residents and to
preserve the general safety and welfare of the residential neighborhoods. These are included in the
revised ordinance.
Financial Information:
Source of ... -c;o
Funds: 1
D 2
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Finance Dept. Total
Ci Clerk's Office Le islative Trackin :
Mercy Lamazares/Jorge G. Gomez. Planning Department
Si
Assistant City Manager
AGENDA ITEM
DATE
RS"F
;2-)..6-03
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \ t"'"'~ /'
City Manager 0 0
DATE: February 26, 2003
TO:
Second Readina Public Hearina
SUBJECT:
Parking structures
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF-
STREET PARKING" OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING SECTION 130-68, "COMMERCIAL AND NON-
COMMERCIAL PARKING GARAGES"; TO INCLUDE PROVISIONS FOR
ALLOWING NON-RESIDENTIAL USE OF CERTAIN PARKING
GARAGES IN RM-1 DISTRICTS, AND ALLOWING GROUND-FLOOR
COMMERCIAL USES WITHIN CERTAIN PARKING GARAGES IN RM-2
DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE,
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance.
ANALYSIS
The Planning Board directed Planning Department staff to investigate the possibility of
allowing parking structures within residential multi-family (RM) districts to be utilized by
commercial customers from abutting high-density commercial districts (CD). While a
surface parking lot is not restricted in the type of use that it may service, a parking
structure or garage in a residential district is limited to serve only residential uses with
few exceptions. The Planning Board believes that there is justification to allow parking
structures that have a close proximity to commercial districts, to serve commercial uses
as well as residential uses.
Notwithstanding the use being served, Conditional Use approval from the Planning Board
is required for garage structures in the RM-1, 2, and 3 multifamily zoning districts prior to
obtaining a building permit; the proposed amendment would not change this requirement.
The purpose of this amendment is to permit parking garages in RM districts to also serve
commercial uses in specific cases, without disturbing the character of the surrounding
residential neighborhoods.
Commission Memorandum
May 8, 2002
First Reading Public Hearing - Parking structures in residential districts
Page 2 of 4
Planning staff surveyed each of the three RM districts to determine the current built
environment existing at the boundaries fronting on commercial districts and the current
character of the residential districts. The first part of the proposed ordinance would allow
a parking garage located in an RM-1 residential district to serve commercial uses if the
site is abutting a property line or separated by an alley from a CD-3, High Density
Commercial District.
There are four general areas where RM-1 and CD-3 districts are adjacent. The first is
along the length of Lincoln Road on the south side, and 17th Street on the north side.
The second area is east of where Dade Boulevard turns into Pine Tree Drive, where the
two districts are separated by the Collins Canal. The third is along both sides of 41st
Street between Alton Road and Chase Avenue, The last area is in North Beach, along
both sides of 71st Street from Indian Creek to Collins Avenue.
The second part of the ordinance deals with parking structures located in the RM-2
residential district. The Code encourages, and sometimes requires, that at the
pedestrian level, these types of structures be activated with habitable space. However,
when facing a commercial district, it may not be viable to have ground floor residential
uses. Currently, the City Code allows parking structures in an RM-2 district to have
ground-floor commercial uses if the site is adjacent to an RM-3 district. By allowing a
parking structure in RM-2 districts to have commercial uses on the ground floor when
fronting or separated by a street from a commercial district, a better ground floor solution
may be created for these structures, while at the same time achieving compatibility in the
City's urban fabric.
This proposed amendment would allow parking structures in RM-2 districts to have
commercial uses on the ground floor when fronting on, or separated by a street from a
CD-2 or CD-3 district, but not when separated from the commercial district by a property
line or an alley. The amendment would also allow the structure to be used by nearby
commercial uses, as there exists a practical and logical nexus in providing expanded
parking opportunities in structures that are in close proximity to commercial districts.
There are four general areas where RM-2 districts front on, or are separated by streets
from CD-2 and CD-3 districts:
. Washington Avenue and Sixth Street.
. West Avenue, from Lincoln Road to Dade Boulevard.
. Washington Avenue, north of 17th Street.
. Indian Creek Drive at 67th and Carlyle Streets,
PlanninQ Board Action
The Planning Board held a public hearing on December 4, 2001 and voted 4-0 (2
members absent; one recusal) to recommend to the City Commission approval of the
proposed amendments,
Commission Memorandum
May 8, 2002
First Reading Public Hearing - Parking structures in residential districts
Page 3 of 4
City Commission Action
At its December 19, 2001 meeting, the City Commission set a first reading public hearing
for January 9, 2002. At the same time, the Commission referred this item for review by
the Land Use and Development Committee. The item was discussed at the January 8,
2002 Land Use and Development Committee, and the Committee voted 2-0 to refer the
matter to the Commission's workshop on parking, The Committee expressed its support
with the portion of the ordinance dealing with the RM-2 district relative to allowing
commercial uses on the ground floor if the parking structure faces a Commercial district,
but with the following uses prohibited: dance halls, entertainment establishments,
neighborhood impact establishments, outdoor entertainment establishments or open air
entertainment establishments.
At the January 9, 2002 meeting, the City Commission opened and continued the public
hearing to the February 20, 2002 meeting and simultaneously referred this item to the
Parking Workshop that was scheduled for February 11, 2002; the workshop was
subsequently rescheduled to the latter part of March 2002.
On March 25, 2002, the Commission had a Parking Workshop where this proposed
ordinance was discussed. Several suggestions were made to amend the proposed
ordinance so that there is more compatibility with the residential neighborhood, while at
the same time the peaceful enjoyment of the residents is not overly disturbed. These
suggestions were as follows:
Create restrictions on any ground floor commercial uses that may be allowed.
These restrictions shall include, but not limited to only 10 percent of the total floor
area of the structure, nor shall any accessory commercial space exceed 40 feet in
depth.
The parking structure shall be restricted to self-parking only. No valet parking shall
be permitted.
At least 50 percent of the parking spaces shall be dedicated for residential uses.
These, and other safeguards have been included in the proposed ordinance so as to
preserve the general safety and welfare of the residential neighborhoods.
At the April 10, 2002 Commission meeting, due to the lateness of the meeting, this item
was opened and continued to May 8, 2002. On May 8, 2002, this item was also opened
and continued to the May 29, 2002 meeting.
At the May 29,2002 meeting, the Commission approved the proposed ordinance on first
reading. The City Attorney informed the Commission that the second reading public
hearing could not be set until the Comprehensive Plan was amended to allow parking lots
Commission Memorandum
May 8, 2002
First Reading Public Hearing - Parking structures in residential districts
Page 40'4
and garages in the residential land use areas of the City. In approving the ordinance on
first reading, the commission requested additional modifications:
. Add language to paragraph (2) (e) of Section 1, whereby the Planning Board
would have the discretion to increase the residential parking spaces,
. Modify the language of paragraph (3) of Section 1 for clarity purposes.
As the Commission may remember, at the February 5, 2003 meeting, Cycle #03-1 of
amendments to the Comprehensive Plan was approved. These amendments to the Plan
include clarifying the "Other Uses" permitted within several of the FLU categories. The
"Other Uses" section consists of uses that may be accessory uses, which are subordinate
to the main use, or uses which the City Code lists as conditional uses. A conditional use
is a use that would not be appropriate generally or without restriction throughout a
particular zoning district, but would be appropriate if controlled as to number, area, and
location in relation to the neighborhood. Conditional uses are therefore subject to a higher
degree of scrutiny and subject to specific conditions attached to each individual
application. This Comprehensive Plan amendment is what the City Attorney's office had
requested before parking structures in residential zoning districts could be permitted.
Conclusion
Based on the foregoing analysis, the Administration recommends that the City
Commission approve the proposed ordinance. As this proposed ordinance will change
the list of permitted uses, in accordance with Section 118-164(2)a., the proposed
amendment requires a newspaper notice published at least five days prior to the second
reading public hearing. Immediately after the public hearing, the Commission may adopt
the ordinance by a 5/7ths vote.
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CITY OF MIAMI BEACH ro
NOTICE OF A PUBLIC HEARING ......
NOTICE IS HEREBY given that a public hearing will be held by the Mayor
and City Commission of the City of Miami Beach, Florida,' in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wednesday, February 26, 2003, at 5:01
p,m. to consider the following on first reading:
An Ordinance Amending Chapter 130, "Off-Street Parking" Of The Code
Of Th!' City Of Miami Beach, Florida, By Amending Section 130-68,
"Commercial And NoncCommercial Parking Garages"; To Include
Provisions For Allowing Non-Residential Use Of Certain Parking Garages
In RM-1 Districts, And Allowing Ground-Floor Commercial Uses Within
Certain Parking Garages In RM-2 Districts; Providing For Inclusion In The - I,
Code Of The City Of Miami Beach, Florida; Repealer; Severability; And An
Effective Date.
Inquiries may be directed to the Planning Department at (305) 673-7550.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be
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 st Floor, City Hall, Miami Beach, Florida 33139. Copies of this ordinance
are available for public inspection during normal business hours in the
City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall,
Miami Beach, Florida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.D1 OS, 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
proceedings is made, which record includes the testimony and evidfilOCe
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.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to 'participate. in this proceeding, or to
request information on access for persons with disabilities, or to request
this publication in accessible format, or to request sign language
interpreters, should contact the City Clerk's office at (305) 673-7411. no
later than four days prior to the proceeding. If hearing impaired, contact
the City Clerk's office via the Florida Relay Service numbers, (800) 955-
8771 (TTY) or (800) 955-8770 (VOICE). .
(Ad #0159)
ID
2
Page lofl
Williams, Mercedia
From: Williams, Mercedia
Sent: Friday, February 28,20034:10 PM
To: Lamazares, Mercedes
Cc: Hatfield, Liliam
Subject: Amended Ordinance
At the February 26, 2003, Item R-5-F was amended. See changes below:
RSF Parking Structures
An Ordinance Amending Chapter 130, "Off-Street Parking" Of The Code Of The City Of Miami Beach, Florida, By
Amending Section 130-68, "Commercial And Non-Commercial Parking Garages"; To Include Provisions Fm
Allowing Non-Residential Use Of Certain Parking Garages In RM-I Districts, And Allowing Ground-Flom
Commercial Uses Within Certain Parking Garages In RM-2 Districts; Codification; Repealer; Severability; And An
Effective Date, 5:01 P,M, Second Reading. Public Hearing,)
(planning Department)
(First Reading On May 29, 2002)
ACTION: Public Hearing held, Ordinance No. 2003-3399 adopted as amended. Motion
made by Commissioner Bower; seconded by Commissioner Gross; Ballot vote: 6-0; Absent
Commissioner Garcia. Robert Parcher to transmit to Municipal Code Corporation.
Jorge Gomez, Planning Director, gave an overview of the ordinance.
Amendments
1. Section 130-68(2)(e): "At least tv:8f1~ (69%.) 1!l8r88f1t one third (1/3) ofthe ... ....,
2. Section 130-68(2)(c): strike last sentence: and create a new section "f',
3. Section 130-68(2)(f): add: "when commercial uses are permitted inn the ground floor of
parking structures under this subsection (2) dance halls, entertainment establishments,
neighborhood impact establishments, outdoor entertainment establishments or open-air
entertainment establishments shall be prohibited uses in the garage structure."
Handout or Reference Materials:
I. Notice of Ad in Miami Herald
Thanks.
2/28/2003
Afteraction
February 26, 2003 DRAFT # 1
City of Miami Beach
R5F Parking Structures
An Ordinance Amending Chapter 130, "Off-Street Parking" Of The Code Of The City Of Miami
Beach, Florida, By Amending Section 130-68, "Commercial And Non-Commercial Parking
Garages"; To Include Provisions For Allowing Non-Residential Use Of Certain Parking Garages In
RM-1 Districts, And Allowing Ground-Floor Commercial Uses Within Certain Parking Garages In
RM-2 Districts; Codification; Repealer; Severability; And An Effective Date. 5:01 P.M. Second
Readina. Public Hearina,)
(Planning Department)
(First Reading On May 29, 2002)
ACTION: Public Hearing held. Ordinance No. 2003-3399 adopted as amended. Motion made
by Commissioner Bower; seconded by Commissioner Gross; Ballot vote: 6-0; Absent
Commissioner Garcia. Robert Parcher to transmit to Municipal Code Corporation.
Jorge Gomez, Planning Director, gave an overview of the ordinance,
Amendments
1. Section 130-68(2)(e): "At leasttwenty (59%) per-sent one third (1/3) of the ... ,,".
2. Section 130-68(2)(c): strike last sentence: and create a new section "f'.
3. Section 130-68(2)(f): add: ''when commercial uses are permitted inn the ground floor of parking
structures under this subsection (2) dance halls, entertainment establishments, neighborhood
impact establishments, outdoor entertainment establishments or open-air entertainment
establishments shall be prohibited uses in the garage structure."
Handout or Reference Materials:
1. Notice of Ad in Miami Herald
Prepared by the City Clerk's Office Page No, 16
F:\CLER\COMMON\2003\20030226\030226d5.doc