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Ordinance 2022-4504 Parking District No. 7— Extension of Sunset Provision ORDINANCE NO. 2022-4504 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, ENTITLED "OFF-STREET PARKING," ARTICLE II, ENTITLED "DISTRICTS; REQUIREMENTS," BY AMENDING SECTION 130-33, ENTITLED "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, 7, 8 AND 9" TO EXTEND THE DEADLINE FOR APPLICABILITY OF THE REGULATIONS FOR PARKING DISTRICT NO. 7; 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, previously, pursuant to the recommendations of the Mayor's Washington Avenue Blue Ribbon Task Force, the City adopted development regulations specific to the Washington Avenue corridor; and WHEREAS, the City has studied the condition of properties located along Washington Avenue, in light of concerns raised by local residents, property owners, and businesses; and WHEREAS, various constituents have expressed concerns regarding the deterioration of the area; and WHEREAS, residents, property owners, and businesses are concerned with the quality of life and condition of the streets within the portions of the Flamingo Park Historic District and National Register Historic District along Washington Avenue; and WHEREAS, the City has studied various approaches to improve residents' quality of life and the quality of businesses within the area; and WHEREAS, the City subsequently adopted Ordinance 2019-4312, as amended, creating the Washington Avenue Overlay, which immediately incentivized new business development, including two new hotels and a new co-living project with an office component; and WHEREAS, these incentives have demonstrably improved the quality of life and viability of new businesses within the Washington Avenue corridor; and WHEREAS, to allow additional time for applicants to obtain building permits, the City Commission finds it in the City's best interest to extend the parking incentives provided for Parking District No. 7. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1 SECTION 1. Chapter 130, "Off-Street Parking," Article II, "Districts; Requirements," is hereby amended as follows: CHAPTER 130 OFF-STREET PARKING ARTICLE II. — DISTRICTS; REQUIREMENTS * * * Sec. 130-33.—Off-Street parking requirements for parking districts nos. 2, 3, 4, 5, 6, 7, 8 and 9. * * * (d) [Parking district no. 71 Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 7, off-street automobile 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 or parking district no. 2, as applicable. (1) Co-living units: No parking requirement. (2) Hotel and hostel: No parking requirement. For accessory use to a hotel or hostel, the minimum parking is as set-forth in parking district no. 1. (3) Office: No parking requirement. (4) Retail: a. Retail existing as of the date of adoption of parking district no. 7 shall have no parking requirement. b. For new retail construction, one space per 300 square feet of floor area. c. Notwithstanding the above, there shall be no parking requirement for retail uses, provided that a parking garage with publicly accessible parking spaces is located within 500 feet. • (5) Quality restaurants (i.e. full service eating establishments with a typical duration or stay of at least one hour, at which patrons wait to be seated, are served by a waiter/waitress, order from menus, and pay for meals after they eat): No parking requirement. (6) Café, outdoor: No parking requirement. (7)Approved parklets shall have no parking requirement. (8) Any building or structure erected in parking district no. 7 may provide required parking on site as specified in parking district no. 1. Such required parking, if provided, shall be exempt from FAR, in accordance with the regulations specified in chapter 114 of these land development regulations. The parking requirements in this subsection 130-33(d)(1), (2), (3), (4), (5), (6), and (7) shall only apply to projects that have obtained a full building permit or business tax receipt by September 1, 2022 2027. 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 o?0 day of Juv , 20 • J� 2 5 2022 Dan Gelber, Mayor ATTES Rafael E. ranado, City Clerk APPROVED AS TO 4;, . s FORM & LANGUAGE First Reading: June 22, 2022 It!C0RP ORATED .&FOR EXECUTION Second Reading: July 2 2022 ' ' H26 _ • Verified By: City Attorney omas R. Mooney, AICP Iv� Planning Director Date T:\Agenda\2022\6_June 2022\Planning\PD 7 Extension of Sunset Provision-First Reading ORD.docx 3 Ordinances-R5 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 20, 2022 10:20 a.m. Second Reading Public Hearing SUBJECT: PARKING DISTRICT NO. 7 - EXTENSION OF SUNSET PROVISION 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," BYAMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING," ARTICLE II, ENTITLED "DISTRICTS; REQUIREMENTS," BY AMENDING SECTION 130-33, ENTITLED "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS.2, 3, 4, 5, 6, 7, 8 AND 9" TO EXTEND THE DEADLINE FOR APPLICABILITY OF THE REGULATIONS; 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 May 4, 2022, the City Commission referred the subject Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board (C4Z). The sponsor of the proposal is Commissioner Alex Fernandez. The LUSC is scheduled to discuss the proposal on June 1, 2022. ANALYSIS PLANNING ANALYSIS The proposed Ordinance would extend the sunset provision for the parking waivers set forth in Parking District Number 7 (PD7), which are specific to the Washington Avenue Overlay Area, for a period of 5 years. The current sunset provision becomes effective on September 1, 2022, at which time the existing parking waivers are no longer valid. The parking waivers contained in PD7,along with the other zoning regulations in the Washington Avenue Overlay, have had a positive impact on development in this corridor. Extending the parking waiver to September 1, 2027 will allow for additional projects contemplated pursuant to the Washington Avenue Overlay to move forward. PLANNING BOARD REVIEW Page 610 of 1502 The Planning Board held a public hearing on June 21, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation(7-0). UPDATE The City Commission was scheduled to consider the subject Ordinance at First Reading on July 8, 2022. The Administration will provide any applicable updates regarding action taken at First Reading. SUPPORTING SURVEY DATA Improve Development on Washington Avenue FINANCIAL INFORMATION No Fiscal Impact Expected 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 Alex Fernandez ATTACHMENTS: Description D Ordinance Page 611 of 1502