Ordinance 2019-4293 Sunset Harbor Parking Reductions to Incentivize Resiliency
ORDINANCE NO. 2019-4293
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 130 OF THE CITY CODE
ENTITLED, "OFF-STREET PARKING," ARTICLE II, ENTITLED
"DISTRICTS; REQUIREMENTS," SECTION 130-33, ENTITLED "OFF-
' STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2,
3, 4, 5, 6, 7, AND 8," TO AMEND THE PARKING REQUIREMENTS •
APPLICABLE TO PARKING DISTRICT NO. 5; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws
which promote the public health, safety and general welfare of its citizens; and
WHEREAS, the Mayor and City Commission, desire to promote economic
development within the City by incentivizing improvements that promote resiliency within
existing, vulnerable structures in the Sunset Harbor area; and
WHEREAS; the Sunset Harbor area is anchored by a large, public parking garage; and
WHEREAS, additionally, the City recognizes urban trends associated with the
proliferation of ride-sharing services, which continues to reduce the need for parking to serve
the Sunset Harbor area; 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:
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SECTION 1. Chapter 130, "Off-street Parking," at Article II, entitled "Districts; Requirements," of
the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
CHAPTER 130
OFF-STREET PARKING
ARTICLE II
DISTRICTS; REQUIREMENTS
* * *
Sec. 130-33. - Off-street parking requirements for parking district nos. 2, 3, 4, 5, 6, 7, and
8.
1
* * *
•
(b) Except as otherwise provided in these land development regulations, when any
building or structure is erected or altered in parking district no. 5, off-street parking spaces
shall be provided for the building, structure or additional floor area as follows. For uses not ,
listed below, the off-street parking requirement shall be the same as for parking district no.
1 in section 130-32.
(1) Restaurant with alcoholic beverage license or other establishment for consumption of food
or beverages: No parking requirement for an individual establishment of less than 100 seats
that does not exceed 3,500 square feet of floor area. Otherwise, To the extent that an
establishment exceeds 100 seats and/or 3,500 square feet of floor area, one parking space
per four seats and one parking space per 60 square feet of floor area not used for seating
shall be required. Such parking may be satisfied by paying an annual fee in lieu of providing
the required parking in accordance with section 130-132. Establishments with more than
100 seats and an occupancy load in excess of 125 persons shall be subject to the
conditional-use procedures in section 118 193 of the City Code.
(2) Retail store, or food store, or personal service establishment: There shall be no
parking requirement for individual establishments of 3,500 square feet or less. This
may apply up to a total aggregate square footage of 10,000 square feet per
development site. An establishment over 3,500 square feet (or over a total
aggregate over 10,000 square feet) shall provide one space per 300 square feet of
floor area for retail space that exceeds 3,500 square feet of floor area. Such parking
may be satisfied by paying an annual fee in lieu of providing the required parking in
accordance with section 130-132.
(3) Developments of less greater than 10,000 square feet of new construction or uses that
exceed the maximum described sizes in (b)(1) and (2) [above]: '- - - - _ _ _
-- - • - - - - -- - - - - •- - - -•• - see - e. - -. For new
construction that is between 10,000 to 15,000 square feet, in lieu of providing required
parking on site, a one-time fee shat4 may be paid prior to the issuance of the building permit,
for that portion of new construction between 10,000 and 15,000 square feet. All portions of
nNew construction that is greater than 15,000 square feet shall provide all the required
parking on site.
(4) Removal of existing parking spaces: No existing required parking space may be eliminated,
except through the provisions of section 130-35, or through the payment of the one-time fee
in lieu of providing the parking in effect at the time, which shall be paid prior to the approval
of a building permit, provided such elimination of parking spaces does not result in an FAR
penalty (exceeding permitted floor area ratio).
LQ Modifications to existing structures to meet raised street and sidewalk levels: There shall be
no parking requirement for existing structures that raise the entire ground or first floor of the
structure to meet or exceed the height of the abutting sidewalk(s). The parking requirement
for any addition, up to 10,000 square feet, may be satisfied by paying an annual fee in lieu
of providing the required parking in an amount equal to two percent of the total amount due
for all of the uses within the proposed building. Additionally, any existing required parking
spaces, which are located at the first level or open to the sky at the roof level, may be
eliminated, without paying a fee in lieu of parking.
2
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
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 following adoption.
PASSED AND ADOPTED this /1 day of S? ��v"be , 2019.
Dan Gelber, Mayor
ATTEST:
Rafael . Granado, City Clerk `•••'• ny
. APPROVED AS TO FORM
• 4 { AND LANGUAGE
INCORP ORATED' )4(.. AND FOR EXECUTION
;yam t (1). ; DA,1----* teN
°Q9' ;f, fig• City AttornVy Date
11
First Reading: July 17, 2019 -26 /'/ IvC�
Second Reading: September 11, 019
Verified by: I><
I
Thomas R. oone A i P
Planning Director
T:\Agenda\2019\07 July\Planning\Sunset Harbor Parking Reductions-First Reading ORD.docx
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2019
10:15 a.m. Second Reading Public Hearing
SUBJECT:SUNSET HARBOR PARKING REDUCTIONS TO INCENTIVIZE
RESILIENCY
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 130 OF THE CITY CODE
ENTITLED, "OFF-STREET PARKING," ARTICLE II, ENTITLED
"DISTRICTS; REQUIREMENTS," SECTION 130-33, ENTITLED "OFF-
STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2,
3, 4, 5, 6, 7, AND 8," TO AMEND THE PARKING REQUIREMENTS
APPLICABLE TO PARKING DISTRICT NO. 5; 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 March 13, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred a
discussion item to the Land Use and Development Committee (LU DC) (Item C4W), pertaining to
parking requirements in the Sunset Harbor area. On April 3, 2019, the LUDC discussed the item
and recommended that the attached ordinance be referred to the Planning Board.
On May 8, 2019, the City Commission referred the attached ordinance to the Planning Board for
review and recommendation.
BACKGROUND
Currently, if existing buildings within the Sunset Harbor area propose a change of use, and exceed
the existing thresholds of 3,500 square feet per establishment and/or 10,000 square feet in the
aggregate, there is an option to enter the annual fee-in-lieu program. Depending upon the type of
use, this can sometimes be expensive. In order to provide an incentive for existing private
developments to be more resilient, for example by raising existing first floors to be at or above the
elevation of the recently raised streets and sidewalks, modifications to the minimum parking
requirements in the Sunset Harbor area are recommended, induding reductions in minimum off-street
Page 526 of 2228
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parking requirements.
Attached is the current parking utilization report for the Sunset Harbor area, prepared by the Parking
Department. This includes on-street metered parking, the P46 surface lot and the Sunset Harbor
Garage (SHG). The report depicts utilization trends over time and shows the parking trend since the
SHG became operational. With regard to the SHG, according to the Parking Department it does not
reach capacity and has not since its inception, even during peak periods such as Art Basel.
ANALYSIS
Parking district 5 contains off-street parking requirements that are specific to the Sunset Harbor
neighborhood. Specifically, Sec. 130-33(b) provides for the following minimum requirements in
parking district no. 5:
1. Restaurant with alcoholic beverage license or other establishment for consumption of food or
beverages: No parking requirement for an individual establishment of less than 100 seats that
does not exceed 3,500 square feet of floor area. Otherwise, one parking space per four seats
and one parking space per 60 square feet of floor area not used for seating shall be required.
Establishments with more than 100 seats and an occupancy load in excess of 125 persons
shall be subject to the conditional use procedures in section 118-193 of the City Code.
2. Retail store, or food store, or personal service establishment: There shall be no parking
requirement for individual establishments of 3,500 square feet or less. This may apply up to a
total aggregate square footage of 10,000 square feet per development site. An establishment
over 3,500 square feet (or over a total aggregate over 10,000 square feet) shall provide one
space per 300 square feet of floor area for retail space that exceeds 3,500 square feet of floor
area.
3. Developments of less than 10,000 square feet of new construction or uses that exceed the
maximum described sizes in (b)(1) and (2) (above]: Parking may be satisfied by paying an
annual fee in lieu of providing the required parking in an amount equal to two percent of the
total amount due for all the uses within the proposed building. For new construction that is
between 10,000 to 15,000 square feet, a one-time fee shall be paid prior to the issuance of the
building permit. New construction that is greater than 15,000 square feet shall provide all the
required parking on site.
4. Removal of existing parking spaces: No existing required parking space may be eliminated,
except through the provisions of section 130-35, or through the payment of the one-time fee in
lieu of providing the parking in effect at the time, which shall be paid prior to the approval of a
building permit, provided such elimination of parking spaces does not result in an FAR penalty
(exceeding permitted floor area ratio).
For uses not listed below, the off-street parking requirement shall be the same as for parking district
no. 1 in section 130-32.
In order to provide incentives for making existing buildings more resilient, as well as to provide
additional clarity, the following modifications are proposed for the parking requirements in district 5:
• Restaurant with alcoholic beverage license or other establishment for consumption of food or
beverages: No parking requirement for an individual establishment of less than_100 seats that
does not exceed 3,500 square feet of floor area. ^tee, For those portions of the
establishment exceeding 100 seats and/or 3,500 square feet of floor area, one parking space
per four seats and one parking space per 60 square feet of floor area not used for seating shall
Page 527 of 2228
be required. Such parking may be satisfied by paying an annual fee in lieu of providing the
required park'inq in accordance with section 130-132. • - - - - - - -
• Retail store, or food store, or personal service establishment: There shall be no parking
requirement for individual establishments of 3,500 square feet or less.
- - - e,::: - - -- -- - =- -- - An establishment
over 3,500 square feet - - - - --: --= -- - - - ',:== ; -: - - - shall provide one
space per'300 square feet of floor area for retail space that exceeds 3,500 square feet of floor
area. Such parking may be satisfied by paying an annual fee in lieu of providing the required
parking in accordance with section 130-132.
• Developments of-less greater than 10,000 square feet of new construction or cca that,,.eeed
. - . - _ - . - - -- - --- -- -- . For new construction that is
between 10,000 to 15,000 square feet, in lieu of providing required parking on site. a one-time
fee shall may be paid prior to the issuance of the building permit,Q that portion of new
construction between 10.000 and 15.000 square feet. All portions of nNew construction that is
greater than 15,000 square feet shall provide all the required parking on site.
• Removal of existing parking spaces: No existing required parking space may be eliminated,
except through the provisions of section 130-35, or through the payment of the one-time fee in
lieu of providing the parking in effect at the time, which shall be paid prior to the approval of a
building permit, provided such elimination of parking spaces does not result in an FAR penalty
(exceeding permitted floor area ratio).
• Modifications to existing structures to meet raised street and sidewalk levels There shall be
no parking requirement for existing structures that raise the entire ground or first floor of the
structure to meet or exceed the height of the abutting sidewalk(s). The parking requirement for
any addition. up to 10.000 square feet. may be satisfied by paying an annual fee in lieu of
providing the required parking in an amount equal to two percentof the total_amount due for all
the uses within the proposed building. Additionally. any existing required parking spaces. which
are located at the first level or open to the sky at the roof level. may be eliminated. without
paying a fee in lieu of parking,
As noted in the background section, given the availability of parking within the Sunset Harbor
garage, there is not expected to be any negative impacts associated with a reduced parking
requirement.
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. In order to
address concerns expressed at first reading regarding the potential financial impact of the proposal,
the following is a summary of the current annual fee in lieu accounts for the sunset harbor area:
Page 528 of 2228
Sunset Harbour—Annual Parking Fee In Lieu Accounts Invoiced for FY2019/2020:
1. Quinta Criolla LLC, 1828 Bay Road: $7,101.00
2. Flywheel Sports, Inc., 1919 Purdy Avenue: $7,200.00
3. Office Depot, 1771 West Avenue: $1,600.00
4. AP Sunset Harbour, LP, 1935 West Avenue: $800.00
Total: $16,701.00
Of the aforementioned business locations noted above, the buildings at 1771 West Avenue and 1935
West Avenue are currently below sidewalk level. The total annual PIF for these two locations is
$2,400.00 per year.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
❑ Parking Utilization Report-Sunset Harbor
❑ Ordinance
Page 529 of 2228
City of Miami Beach Parking Utilization Trend
Sunset Harbor Neighborhood
ATTENDED GARAGE HOURS
FY18 to FY18 to FY18 to
Zone # Name FY15 FY16 FY17 FY18 FY15 Varince% x,16 Varince% FY17 Vorince%
South G10 Sunset Harbor 572,768 647,908 614,254 621,006 48,238 8% (26,902) -4% 6,752 1%
TOTAL GARAGES HOURS" 572,768 647,908 614,254 621,006 48,238 8% (26,902) -4% 6,752 1%
"Parking garage rate increase went into effect in Moy 2018
METERED LOT HOURSLOFF-STREET)
FY18 to FY18 to FY18 to
Zone FY15 FY16 FY17 FY18 FY15 Vorince% FYl b Varince% FY17 Varince%
P46 95,855 86,828 58,140 84,852 (11,003) -11% (1,976) -2% 26,712 46%
TOTAL OFf-STREET HOURS 95,855 86,828 58,140 84,852 (11,003) -11% (1,976) -2% 26,712 46%
METERED CURBSIDE HOURS(ON-STREETl
FY18 to FY18 to FY18 to
Zone FY15 FY16 FY17 FY18 FY15 Vorince% FY16 Vorince% FY17 Varince%
4B 275,757 188,973 218,043 248,334 (27,423) -10% 59,361 31% 30,291 14%
TOTAL ON-STREET HOURS 275,757 188,973 218,043 248,334 (27,423) -10% 59,361 31% 30,291 14%
TOTAL METERED PARKING HOURS 371,612 275,801 276,183 333,186 [38,426) -10% 57,385 21% 57,003 21%
TOTAL ATTENDED&METERED HOURS 944,380 923,709 890,437 954,192 9,812 I% 30,483 3% 63,754 7%
C:\Users\FINADikC\Desktop\Sunset Harbor Parking Utilization Trend.xlsx Page 530 of 2228