Ordinance 2021-4412 Parking Reductions for Residential Uses in MXE District
ORDINANCE NO. 2021-4412
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, ENTITLED"OFF-STREET
PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," AT SECTION 130-
31, ENTITLED "PARKING DISTRICTS ESTABLISHED,"TO MODIFY PARKING
REQUIREMENTS FOR NEW CONSTRUCTION WITHIN THE MXE DISTRICT
LOCATED IN THE OCEAN DRIVE/COLLINS AVENUE LOCAL HISTORIC
DISTRICT; 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 elimination of minimum parking requirements in local historic districts
incentivizes the renovation and restoration of existing buildings, by making additions more
economically feasible; and
WHEREAS, applications for new additions or restorations within the MXE district are
subject to the review and approval of the Historic Preservation Board ("HPB"); and
WHEREAS, the requirement of HPB review ensures that any proposed additions are
sensitive and contextually compatible with both existing construction on site and the surrounding
area; and
WHEREAS, the Ocean Drive/Collins Avenue Local Historic District is well served by
Miami-Dade Transit and the City of Miami Beach Trolley, both of which provide alternative modes
of transportation; 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 of the City Code, entitled "Off-Street Parking," Article II, "District
Requirements," is hereby amended as follows:
CHAPTER 130
OFF-STREET PARKING
ARTICLE II. — DISTRICTS; REQUIREMENTS
Sec. 130-31. - Parking districts established.
(e) The off-street parking requirements associated with new residential construction, including
allowable accessory uses within the new construction, within areas zoned MXE and located in
the Ocean Drive/Collins Avenue local historic district, shall be as follows:
(1) Requirement. One space per residential unit. All accessory uses shall comply with the
minimum requirements applicable to Parking District No. 1.
(2) Voluntary residential parking incentive program. There shall be no parking requirement
associated with new residential construction, including allowable accessory uses, for
the following developments, provided that the owner of the property elects, at the
owner's sole discretion, to voluntarily execute a restricted covenant running with the
land, in a form approved by the City Attorney, affirming that, for a term of 30 years, (i)
the use of the development shall be limited to residential purposes only (including
permitted accessory uses), and (ii) none of the residential units on the property shall
be leased or rented for a period of less than six months and one day:
a. Lots with a width of 100 feet or less.
b. Development sites of 6 residential units or fewer.
c. New buildings on development sites with existing buildings for which off-
street parking is not currently provided, where the total number of new
residential units does not exceed the number of existing residential units.
d. Properties located within 1,500 feet of a public transit stop, or within 1,500
feet of any public or private parking garage.
(3) Minimum bicycle parking requirements. Secure off-site storage for bicycles shall be
required as follows:
a. Short-term bicycle parking: Four (4) spaces per building or one (1) space
per ten units, whichever is greater.
b. Long-term bicycle parking: One (1) space per unit.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same 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 ad/option.
PASSED AND ADOPTED this day of rn�/ , 2021.
Dan Gelber, Mayor
ATTEST: APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
X1
Rafae E. G � 2
ranado, Ci Cldrk V " 1
City Attorney l� Date
First Reading: April 21, 2021
Second Reading: May 12, 20. 1 , B 'c,,
Verified by: .if,coF,n 1OPATED
Thomas R. Mooney, 'CP
Planning Director c7:', :.,-`
T:\Agenda\2021\6_April 21\Planning\Parking Requirements in HD-MXE-First Reading ORD.docx
Ordinances -R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 12, 2021
10:20 a.m. Second Reading Public Hearing
SUBJECT: PARKING REDUCTIONS FOR RESIDENTIAL USES IN MXE DISTRICT
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, ENTITLED
"OFF-STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS,"
AT SECTION 130-31, ENTITLED "PARKING DISTRICTS ESTABLISHED,"
TO MODIFY PARKING REQUIREMENTS FOR NEW CONSTRUCTION
WITHIN THE MXE DISTRICT LOCATED IN THE OCEAN DRIVE/COLLINS
AVENUE LOCAL HISTORIC DISTRICT; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On February 12, 2020, the City Commission approved, at first reading, an ordinance reducing
the parking requirements for hotel and residential uses in the CD-2 zoning districts within the
Normandy Isles national register conservation district. At the request of Commissioner Ricky
Arriola, the City Commission referred the MXE portion of the subject ordinance to the Land
Use and Sustainability Committee (Item R5 H).
The MXE discussion item was placed on the March 17, 2020 agenda of the Land Use and
Sustainability Committee (LUSC). The March 17, 2020 LUSC meeting was postponed, and the
item was moved to the May 6, 2020 LUSC meeting. On May 6, 2020 the item was deferred to
the June 30,2020 LUSC meeting.
On June 24, 2020 the City Commission adopted the ordinance reducing the parking
requirements for hotel and residential uses in the CD-2 zoning districts within the Normandy
Isles national register conservation district. At the request of Commissioner Ricky Arriola, the
City Commission also referred a discussion pertaining to parking requirements in the Harding
Townsite district in North Beach to the Land Use and Sustainability Committee (Item R5 D).
At the request of the item sponsor the Harding Townsite parking discussion was combined with
Page 334 of 859
the MXE discussion into a single item. Additionally, the combined item was deferred from the
June 30, 2020 LUSC agenda to the September22, 2020 agenda. On September 22, 2020 the
LUSC discussed the proposal and transmitted it to the City Commission with no
recommendation. On October 14, 2020, the City Commission referred the item to the Planning
Board for review and recommendation(Item C4 H).
ANALYSIS
PLANNING ANALYSIS
The attached map shows the MXE areas of the City that parking reductions are intended to
apply. Overlaid into this map are locations of existing parking facilities, as well as dedicated
transit stops and ridership information for these stops. This map illustrates how transit stops and
parking facilities are well within the established industry standard walking distance of mile, or
1,500 feet. Of note are the publicly accessible parking structures have been built in and abutting
the MXE district in South Beach since 1991.
The attached draft ordinance, which was bifurcated by the City Commission on January 13,
2021 and referred to the LUSC, is only applicable to the MXE area. Additionally, at the
recommendation of the LUSC, the proposed ordinance has been modified and is now only
applicable to residential uses, including allowable accessory uses. If a property owner elects, at
the owner's sole discretion, to record a voluntary covenant agreeing that any residential units on
the property shall not be leased or rented for a period of less than six months and one day, then
the property owner would qualify for a reduction in parking. The intent of this incentive is to
promote residential development in the subject area.
Because the parking incentive is an elective program, premised on property owner's voluntary
agreement to certain development regulations, this Ordinance is consistent with, and does not
violate the preemption in Section 509.032(7)(b), Florida Statutes (see footnote 1 below). The
draft Ordinance neither prohibits vacation rentals, nor regulates the duration or frequency of
vacation rentals, but rather creates a framework for a development incentive at the
application/permitting stage.
The proposed Ordinance would remove the minimum off-street parking requirements for new
construction of residential uses that meet certain minimum benchmarks, including the following:
1. Lots with a width of 100 feet or less.
2. Development sites of 6 residential units or fewer.
3. New buildings on development sites with existing buildings for which off-street parking is not
currently provided, where the total number of new residential units does not exceed the number
of existing residential units.
4. Properties located within 1,500 feet of a public transit stop, or within 1,500 feet of any public
or private parking garage.
The proposal to modify parking requirements for residential uses in the MXE area would only
apply to new construction (existing buildings do not have a parking requirement). As such, the
number of actual spaces required is limited to the square footage of new construction, which is
typically in the form of a ground level or roof-top addition.
Page 335 of 859
The elimination of minimum parking requirements in local historic districts is good policy and will
be an incentive for existing buildings to be renovated and restored, as additions will be more
economically feasible. All addition and renovation proposals within the MXE district are subject
to the review and approval of the Historic Preservation Board. This will ensure that any
proposed additions are limited, as well as sensitive and contextually compatible with both the
structure on site and the surrounding area.
Finally, with the recent adoption of the City-wide mobility fee, which replaced the concurrency
management fee for traffic, a broader measurement for mobility, as opposed to solely vehicular
traffic, has been put in place. The mobility fee considers all mobility aspects of a project and is
not limited solely to vehicular congestion and off-site vehicular storage.
1. Section 509.032(7)(6), Florida Statutes, provides that `(a] local law, ordinance, or
regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of
vacation rentals."(Emphasis added.)
PLANNING BOARD REVIEW
On November 17, 2020 the Planning Board held a public hearing and transmitted the ordinance
to the City Commission with a favorable recommendation by a vote of 6-0.
SUMMARY/UPDATE
On January 13, 2021 the subject Ordinance was approved at First Reading for the Harding
Townsite area only. The MXE area was bi-furcated and referred to the Land Use and
Sustainability Committee for further discussion. On February 17, 2021 the LUSC discussed a
revised version of the proposed Ordinance and continued the item with direction to the
Administration to present the item to the Mayors Art Deco Cultural District(ADCD)panel.
On March 12, 2021, the ADCD Panel provided comments and feedback regarding the
proposed Ordinance. While not opposed to the proposal, the panel was not ready to provide a
specific recommendation on whether residential and hotel uses should be incentivized by
eliminating the parking impact fee for new construction. The panel concluded that more
information and analysis was needed from Zyscovich on the larger, holistic vision of the MXE
area and what types of uses should be incentivized.
On March 24, 2021 the LUSC discussed the recommendation of the ADCD panel and
recommended that the proposed Ordinance be modified to create an incentive for residential
uses only. Additionally, the LUSC recommended that the reduced parking incentive for new
residential construction be offered to property owners who voluntarily record a covenant
affirming that new residential units will not be leased on a short-term basis (i.e. less than 6 month
and 1 day). The attached Ordinance, which includes the modifications as recommended by the
LUSC,was approved at First Reading on April 21, 2021 with no changes.
While understanding of the ADCD Panel conclusion, and appreciative of their time and effort
discussing this proposal, the Administration, on balance, still believes that the proposal, as
revised, is ready to move forward. In this regard the proposed Ordinance is now much more
limited, as it is only applicable to residential uses. As this is a key use that contributes to the
larger vitality of the area,the Administration recommends approval of the Ordinance.
Page 336 of 859
SUPPORTING SURVEY DATA
Improvements to the Development Process
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes .No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
o MXE Map
o Form Approved ORD
Page 337 of 859
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