Ordinance 2019-4290 CCC Civic & Convention Center District Hotel
Setback Regulations & Mechanical Parking
ORDINANCE NO.' 2019-4290
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CODE OF THE CITY OF MIAMI BEACH, SUBPART B,
ENTITLED "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED, "DISTRICT REGULATIONS," DIVISION 7,
ENTITLED "CCC CONVENTION CENTER DISTRICT,"
SECTION 142-366, ENTITLED "SETBACK REQUIREMENTS,"
TO MODIFY THE DEVELOPMENT REGULATIONS
PERTAINING TO SETBACK REQUIREMENTS TO
ACCOMMODATE THE DEVELOPMENT OF A CONVENTION
HOTEL; BY AMENDING CHAPTER 130 OF THE CITY CODE,
ENTITLED "OFF-STREET PARKING," ARTICLE II, ENTITLED
"DISTRICTS; REQUIREMENTS," SECTION 130-38,
ENTITLED "MECHANICAL AND ROBOTIC PARKING
SYSTEMS," TO CREATE AN EXEMPTION FROM PLANNING
BOARD REVIEW, IN ORDER TO ALLOW MECHANICAL
PARKING IN THE CCC CIVIC & CONVENTION CENTER
DISTRICT; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to promote economic
development within the City of Miami Beach (the "City") by attracting a more robust mix of
conferences and conventions to the Miami Beach Convention Center ("MBCC" or
"Convention Center"), including "fly-in" conferences and conventions drawing national and
international attendance, which would reduce the MBCC's reliance on "drive-in" events that
primarily attract local/commuter attendance; and
WHEREAS, in support of the foregoing and in an effort to maintain the
competitiveness of the Convention Center as a local and regional asset that supports the
South Florida tourism economy, the City is in the process of completing the Miami Beach
Convention Center Renovation and Expansion Project (the "MBCC Renovation Project"), a
public construction project that includes a complete renovation of the MBCC, expansion of
ballroom and auxiliary spaces, parking above portions of the MBCC, exterior landscaping
and creation of a six (6) acre public park; and
WHEREAS, in addition to, and separate from, the MBCC Renovation Project, the City
desires to attract more "fly-in" conferences and conventions to the MBCC through the
development of a convention headquarter hotel that is (i) entirely privately-funded; (ii)
sufficiently close to the Convention Center to serve as an "on-site" hotel option for
conference attendees, and (iii) large enough to provide the group room blocks necessary to
support and secure national and international conferences and conventions at the
Convention Center; and
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WHEREAS, on November 19, 2014, the Mayor and City Commission adopted
Resolution No. 2014-28836, approving and authorizing the City to execute an Amended
and Restated Interlocal Cooperation Agreement between the City and Miami-Dade County
("County"), pursuant to which, in recognition that a convention hotel in the proximity of the
Convention Center will generate additional Convention Development Tax ("CDT") and
resort tax revenues, the County agreed to provide the City with up to $1,500,000 per year in
an additional allocation of CDT revenues once a convention hotel opens, with such
additional payments to the City continuing annually until 2048; and
WHEREAS, on April 13, 2016, the Mayor and City Commission established the
Mayor's Ad Hoc Blue Ribbon Steering Committee on the Convention Center Hotel (the
"Committee"), chaired by Commissioner Ricky Arriola and vice-chaired by Commissioner
Kristen Rosen Gonzalez; and
WHEREAS, on February 14, 2018, the Mayor and City Commission considered the
Committee's report regarding potential options for a Convention Center Hotel development,
including options with respect to a proposed Hotel's location, size, height, and related
issues such as,traffic mitigation, and directed the Administration to prepare a Request for
Proposals; and
WHEREAS, on May 16, 2018, the Mayor and City Commission approved Resolution
No. '2018-30310, authorizing the issuance of an RFP for the Convention Center Hotel for a
lease of the approximately 2.6 acre site located adjacent to the Convention Center; and
WHEREAS, on May 17, 2018, the City issued Request for Proposals No. 2018-238-KB
for the Development of a Convention Headquarter Hotel Adjacent to the Miami Beach
Convention Center(the "RFP"); and
WHEREAS, on July 25, 2018, the Mayor and City Commission adopted Resolution No.
2018-30425, approving a Development and Ground Lease Agreement with MB Mixed Use
Investment, LLC ("Miami Beach Connect"), for the development and operation of a privately-
funded convention hotel and related amenities, with a lease term of 99 years; and
WHEREAS, on November 6, 2018, the City's voters approved the convention hotel
lease; and
WHEREAS, the amendments set forth herein are intended to accommodate the
proposed convention hotel in the CCC Civic and Convention Center District.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
Article II, entitled "District Regulations," Division 7, entitled "CCC Civic and Convention Center
District," Florida is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
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ARTICLE II
DISTRICT REGULATIONS
Division 7. - CCC Civic and Convention Center District
Sec. 142-366. - Setback requirements.
(a) Other than the minimum setbacks set forth in subsections (b) and (c) below, the
development regulations (setbacks, floor area ratio, signs, parking, etc.) shall be the
average of the requirements contained in the surrounding zoning districts as determined
by the planning and zoning director. Setback regulations for parking lots and garages
when they are the main permitted use are listed in subsection 142-1132(n).
(b) The subterranean, pedestal, and tower setback requirements for a hotel use shall be as
follows:
1) Fronting 17th Street: 10 feet at ground level; 0 feet above 15 feet in height, as ,
measured from grade. Additionally, there shall be no permanent encroachments
within this 10 foot setback at the ground level, including, but not limited to,
columns, raised platforms, raised terraces, and raised porches. This prohibition
on encroachments shall not apply to stairs and accessibility ramps, including
associated hand rails.
2) Fronting Convention Center Drive: 10 feet at ground level; 0 feet above 15 feet in
height, as measured from grade. Additionally, there shall be no permanent
encroachments within this 10 foot setback at the ground level, including, but not
limited to, columns, raised platforms, raised terraces, and raised porches. This
prohibition on encroachments shall not apply to stairs and accessibility ramps,
including associated hand rails.
3) Interior Side: five (5)feet
4) Rear: zero (0)feet
(c) Balcony projections setback requirement for a hotel use: zero (0)feet.
SECTION 2. Chapter 130 of the City Code, entitled "Off-Street Parking," Article II, entitled
"Districts; Requirements," is hereby amended as follows:
CHAPTER 130
OFF-STREET PARKING
* * *
ARTICLE II
DISTRICTS; REQUIREMENTS
* * *
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Sec. 130-38. - Mechanical and robotic parking systems.
(1) Definitions.
(a) Mechanical parking means mechanical parking lifts, robotic parking systems, and/or
vehicle elevators.
(b) Mechanical parking lift means an automated mechanism that lifts vehicles to make
space available to park other vehicles below it in a vertical tandem fashion.
(c) Robotic parking system means a mechanical garage using elevator systems to hoist
individual vehicles from receiving areas to separate auto storage areas.
(d) Vehicle elevator means an elevator used for motor vehicles in lieu of ramps Within a
parking structure.
(2) Parking spaces to be used to satisfy accessory off-street parking requirements must
conform to the provisions of article III "design standards" of this chapter, with respect to all-
weather surface area, minimum parking space dimensions, drive width, interior aisle width,
and required markings. Therefore, the use of mechanical parking devices, robotic parking
systems and vehicle elevators to satisfy accessory off-street parking requirements shall not
be permitted, except as hereinafter provided.
(3A) Mechanical parking shall be permitted for hotels within the CCC Civic & Convention
Center District as an exception to the mechanical parking prohibition, subject to the
applicable review criteria of section 130-38(7).
* * *
(7) The proposed use of mechanical parking systems, including mechanical parking lifts,
robotic parking systems or vehicular elevators, for any type of development or
improvement, including, but not limited to, vehicle storage, whether proposed under the
provisions of section 130-38, or any other section of the City Code, shall require compliance
with the provisions of subsections 130-38(4) and 130-38(5), and, with the exceptions of
mechanical parking used to provide parking on a property containing less than 20 units and
hotels within the CCC Civic & Convention Center District, shall require the review and
approval of the planning board, pursuant to the conditional use process in chapter 118,
article IV of the Code.
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 renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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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 3/ day of �� , 2019.
•
4, 0\ B F °144- __ ....
"\P ........., � Ban Gelbayor
ATTEST: �' ''•�S �.
Rns% 1 to tig1 � INCOR-ORATED'
Rafael E. Granado, City Clerk
First Reading: July 17, 2019 1,1u „ cc APPROVED AS TO FORM
Second Reading: September 11, 2019 AND LANGUAGE
AND FOR EXECUTION
Zpvit Dv I— 9 la.1(ct
11 City Attorney 14- Date
Verified by:
Th as R. Moon-AICP
Planning Directo
T:\Agenda\2019\07 July\Planning\CCC District-Hotel Setback&Mechanical Parking-First Reading ORD.docx
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Ordinances - R5 H
MIAMI BEAC
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 31, 2019
11:55 a.m. Second Reading Public Hearing
SUBJECT: CCC CIVIC & CONVENTION CENTER DISTRICT HOTEL SETBACK
REGULATIONS & MECHANICAL 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, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED, "DISTRICT REGULATIONS," DIVISION 7, ENTITLED "CCC
CONVENTION CENTER DISTRICT," SECTION 142-366, ENTITLED
"SETBACK REQUIREMENTS," TO MODIFY THE DEVELOPMENT
REGULATIONS PERTAINING TO SETBACK REQUIREMENTS TO
ACCOMMODATE THE DEVELOPMENT OF A CONVENTION HOTEL; BY
AMENDING CHAPTER 130 OF THE CITY CODE, ENTITLED "OFF-STREET
PARKING," ARTICLE II, ENTITLED "DISTRICTS; REQUIREMENTS,"
SECTION 130-38, ENTITLED "MECHANICAL AND ROBOTIC PARKING
SYSTEMS," TO CREATE AN EXEMPTION FROM PLANNING BOARD
REVIEW, IN ORDER TO ALLOW MECHANICAL PARKING IN THE CCC
CIVIC & CONVENTION CENTER DISTRICT; AND 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 8, 2019,. at the request of Mayor Dan Gelber, the City Commission referred the
proposed ordinance amendment to the May 22, 2019 meeting of the Land Use and
Development Committee and the June 25, 2019 meeting of the Planning Board (item C4T).
On May 22, 2019 the Land Use and Development Committee discussed the item and
recommended that the Planning Board transmit the attached ordinance to the City Commission
with a favorable recommendation, including the additional modifications recommended by the
administration, as noted in the analysis below.
Page 373 of 1288
BACKGROUND
On March 13, 2019, the City Commission adopted amendments to chapter 130, off-street
parking and chapter 142, zoning districts and regulations in the Civic and Convention Center
(CCC) District. These amendments addressed design components for the proposed
convention center hotel development, and consisted of reduced setbacks for the pedestal and
tower, as follows:
• Subterranean, pedestal, and tower setback requirements for hotel use shall be as follows:
(a) Fronting 17th Street: 10 feet
(b) Fronting Convention Center Drive: 10 feet
(c) Interior Side: five (5)feet
(d) Rear: zero (0)feet
• Balcony projections for hotel use: 0 feet.
Prior to this amendment, the setback regulations were an average of the requirements contained
in the surrounding zoning districts.
The revisions approved to Section 130-32, pertaining to off-street parking, were as follows:
• Clarify that accessory uses to hotels shall have no parking requirement.
• Limit the off-street loading requirement for hotels and accessory uses to hotels to four (4)
spaces.
•Allow valet and tandem parking spaces to stack more than 2 vehicles per space.
PLANNING ANALYSIS
The attached draft ordinance proposes additional setback modifications, as well as an
exemption from planning board review for mechanical parking lifts. As it pertains to the
proposed new setback modifications, the hotel developer, in discussions with potential
operators, has determined that additional meeting and ballroom space within the pedestal is
needed. Given the limited area available for the pedestal, the proposal herein is to reduce the
street side pedestal setbacks facing 17th Street and Convention Center Drive from 10 feet to
zero feet, for all portions of the pedestal above 15 feet in height. This reduced setback,
apparently, is needed in order to accommodate the additional meeting, ballroom and pre-
function space.
Planning staff has no objection to the proposal to remove mandatory planning board review for
the mechanical parking lifts. In this regard, the parking level for the hotel is internalized above the
second level, and is not expected to result in any queuing issues on the outside. Further, the
parking level is valet only, so operation of the lifts will fall under the sole responsibility of the
operator.
Planning staff did have concerns with the original proposal as drafted by the hotel developer, to
further reduce the pedestal setbacks, particularly along 17th Street. In this regard, at the
sidewalk level, having the pedestal come forward right up on the property line could potentially
have an overbearing impact on the abutting public sidewalk. The proposal to maintain a 10 foot
setback within the first 15 feet of height will help mitigate this impact, particularly on 17th street,
due to the more narrow width of the existing sidewalk.
Page 374 of 1288
17th street is a critical connection point to the hotel and the convention center from Lincoln
Road, Washington Avenue and the beach. As such, in order to ensure an adequate pedestrian
path within the proposed reduced setback along 17th Street, planning staff recommended the
following minor modifications to the proposal, which were endorsed by the Land Use and
Development Committee:
Sec. 142-366. -Setback requirements.
***
(b) Subterranean, pedestal, and tower setback requirements for hotel use shall be as follows:
1) Fronting 17th Street: 10 feet at ground level; 0 feet above 15 feet in height, as measured
from grade. Additionally, there shall be no permanent encroachments within this 10 foot
setback at the ground level, including, but not limited to, columns, raised platforms, raised
terraces and raised porches. This encroachment prohibition shall not apply to stairs and
accessibility ramps, including associated hand rails.
2) Fronting Convention Center Drive: 10 feet at ground level; 0 feet above 15 feet in height,
as measured from grade. Additionally, there shall be no permanent encroachments within
this 10 foot setback at the ground level, including, but not limited to, columns, raised
platforms, raised terraces and raised porches. This encroachment prohibition shall not apply
to stairs and accessibility ramps, including associated hand rails.
These minor revisions have been incorporated into the attached ordinance.
PLANNING BOARD REVIEW
On June 25, 2019, the Planning Board held a public hearing and transmitted the ordinance to
the City Commission with a favorable recommendation by a vote of 5-0.
UPDATE
The subject ordinance was approved at first reading on July 17, 2019, with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
D Ordinance
o Advertisement
Page 375 of 1288
zT E I I TLIGII$aRS I irAinnwIL
ivttAMIBEACH CITY OF MIAMI,REACH
NOTICE OF.PU.BLUC HEARING.
•
JULY. 31, 2019
NOTICE IS HEREBY given .that the'following public .hearing will be heard by-
the
ythe Mayor and 'City. Commissioners of the City,of Miami Beach. Florida,In the
Commission Chamber, Third-Floor, CIty'Hall,.1700 Convention-,Center.•Drive
Miami B..eeaeh, Florida.,on July 31..2019, at.the time listed,.or as soon thereafter
as the'Matter can be-.heard:
11:S5.a.m.Second Readlne Public Marina*
• (' l (:(t► ► 1.0 4 ; >• ; • f'CI r
REGULATIONS'a MECHANICAL 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, SUBPART-B.,' ENTITLED `LAN° DEVELOPMENT.REGULATIONS," PY
AMENDING CHAPTER 142-OF THE:CITY.GODE,ENTITLED"ZONING DISTRICTS.
ANtI REGULATIONS.' ARTICLE II, ENTITLED, `DISTRICT REGULATIONS."
DIVISION 7,ENTITLED "CCC" CONVENTION CENTER DISTRICT," SECTION.
142-366, ENTITLED "SETBACK REO IAEMENTS," TO MODIFY THE
DEVELOPMENT REGULATIONS PERTAINING TO-SETBACK REQUIREMENTS
TO ACCOMMODATE THE DEVELOPMENT-6F A CONVENTION HOTEL; BY
AMENDING CHAPTER 130 OF THE, CITY CODE, ENTITLED "OFF-STREET
•PARKING," 'ARTICLE,II ENTITLED "DISTRICTS;.REQUIREMENTS;" SECTION
130-26, ENTITLED 'MECHANICAL AND ROBOTIC PARKING SYSTEMS:" TO
CREATE AN EXEMPTION FROM PLANNING BOARD REVIEW, IN ORDER TO
ALLOW MECHANICAL PARKING !!‘tTHE:CCC CIVIC.& CONVENTION CENTER
DISTRICT; AND PROVIDING FOR CCODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE, This Orrilinanoe 1s befog heard'pursuant to.SecUon
'118.154 of the City's Land Development rode. Inquiries may be directed to the
Planning Department at 305.673:7550.-
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,
c16 the City.Clerk, 1700 Convention,Center Drive; 1.t Floor, City Holl, Miami
Beach,Florida,33139:Copies.of,this item is available for.publIc inspection.during.
normal business hours in the Office of,-the City Clerk, 1700 Convention Center
Drive, 1`a Hoar,City Hall, Miami Beach;Florida'33139.Tnis meeting,or any Item
herein,may becontinued,and under such circumstances,additIonal legal notice
.need not be provided;
Pursuant to Section 266.0105, Fla, Stat_, the-City hereby advises`the.public
that if a person decides to appeal any decision made by the City.Commisslon
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 evidence upon which,the appeal Is to be based,This
notice does not constitute.consent by the City for the introduction or admission
ofotherwiso Inadmissible or irrelevant evidence,,nordoes it authorize challenges
or appeals not othOrwise allowed by taw.'
Ta request this material In alternate format.,sign language Interpreter (live-day
notic required)', Information on access for persons'with dlsatiiflties;and/or any
accommodation to review any document.or, participate In any City-sponsored
proceedings,.cell 305,,604.2489 and:select 1 For English or'2 for Spanish, then
option 6;TTY users-May call via 711 (Florida Relay Service},
;Rafael E. 3ranad°.City Clerk
City of Miami Beaicii.
Ad 073119..07
Page 381 of 1288