Ordinance 2023-4539 Parking District No. 6— Restaurant Parking Amendment
ORDINANCE NO. 2023-4539 f,
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," SECTION 130-33,
ENTITLED "OFF-STREET PARKING REQUIREMENTS FOR PARKING
DISTRICTS NOS. 2, 3, 4, 5, 6, 7, AND 8," TO MODIFY THE PARKING
REQUIREMENTS FOR RESTAURANT USES IN PARKING DISTRICT NO. 6;
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, recently, the City has reviewed the minimum off-street parking requirements
for Parking District No. 6; and
WHEREAS, the City has studied various mechanisms for accommodating small, locally
owned businesses to improve the quality of life and quality of businesses within the lower Alton
Road area; and
WHEREAS, the amendments set forth below will incentivize local restaurant development
which, in turn, will promote the quality of life of the lower Alton Road area; and
WHEREAS, the amendment set forth below is 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, "Off-Street Parking," Article II, "Districts; Requirements," is hereby
amended as follows:
Sec. 130-33. - Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, 7,,and
8.
(c) [Parking district no. 6.]Except as otherwise provided in these land development regulations,
when any building or structure is erected or altered in parking district no. 6, 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 in section 130-32. �y
(1) Apartment building and apartment-hotel:
a. On lots that are 65 feet in width or less: There shall be no parking requirement,
provided the apartment building or apartment-hotel site secures off-site storage for
alternative transportation such as scooters, bicycles, and motorcycles.
b. On lots wider than 65 feet:
1. One space per unit for units between 550 and 1,600 square feet;
2. Two spaces per unit for units above 1,600 square feet.
c. Designated guest parking: Developments of 20 units or less shall have no
designated guest parking requirements. Multifamily buildings and suites-hotels
with more than 20 units shall be required to provide supplemental designated guest
parking equal to ten percent of the required residential parking spaces.
d. Car sharing: The minimum parking requirements listed in a.—g. above may be
reduced by four parking spaces for every one parking space reserved for a vehicle
owned and operated by an official car-share program sanctioned by the City of
Miami Beach, not to exceed a total of four car-share parking spaces or 20 percent
of the total number of required residential parking spaces, whichever is less.
(2) Retail stores, food stores, personal service establishments: There shall be no parking
requirement for individual establishments of 2,500 square feet or less up to a total
aggregate square footage of 10,000 square feet per development site. For individual
establishments over 2,500 square feet or for development sites with a total aggregate
square footage of more than 10,000 square feet of these uses, there shall be one space
for every 300 square feet of floor area. A covenant running with the land, approved by
the city attorney, shall be recorded to ensure that individual stores will not be
reconfigured internally in a way that would increase the minimum parking requirement
without conditional use approval and payment of a one-time parking impact fee for each
required parking space.
(3) Restaurant, outdoor cafe or bar: There shall be no parking requirement for individual
establishments of 60 seats or less or 1,500 square feet or less of eating and/or drinking
areas, up to a total aggregate square footage of 5,000 square feet per development
site. For individual establishments over 60 seats or 1,500 square feet of eating and/or
drinking areas, or for development sites with a total aggregate square footage of more
than 5,000 square feet of these uses, there shall be one space per four seats or one
space per 60 square feet of space not used for seating. ^ covenant running with the
land, approved by the city attorney, shall be recorded to ensure that individual stores
fce for each required parking space. Notwithstanding the foregoing, for restaurants
operating as of December 1, 2022 and located south of 10'h Street, there shall be no
parking requirement for an individual establishment of 150 seats or less. If the total
number of seats exceeds 150, at any time, there shall be a minimum off-street parking
requirement of one space per four seats or one space per 60 square feet of space not
used for seating, for the entire restaurant.
(4) Hotel, suites hotel, motel or motor lodge:One space per two units; however, suites hotel
units as defined in section 142-1105 that are greater than 550 square feet and that
contain full cooking facilities shall have the same parking requirement as apartment
buildings in (1) above. Required parking for hotel accessory uses shall be the same as
for(2) and (3) above:
(5) Offices: One space per 400 square feet of floor area. However, medical offices and
clinics or offices located on the ground floor shall provide one space per 300 square
feet of floor area. The minimum parking requirements for office uses may be reduced
by up to 20 percent in cases where the developer voluntarily proffers a restrictive
covenant running with the land, form approved by the city attorney, ensuring that the
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required office parking spaces shall be shared by all users in the building and shall not
be reserved for individual persons or tenants.
(6) All nonresidential uses:The minimum parking requirement may be reduced as follows:
a. Centralized parking: The minimum parking requirement may be reduced .for
properties located near a publicly accessible off-street parking facility according to
the following formulas: Up to 30 percent within 500 feet, up to 20 percent within
1,000 feet, up to ten percent within 1,200 feet. Such reduction shall be subject to
a finding by the planning director based upon a parking study provided by the
applicant that documents the availability of parking spaces within the publicly
accessible parking facility to serve the residual demand resulting from the reduced
number of on-site parking spaces, and the availability of safe and convenient
pedestrian access routes to the off-site parking supply. Distances shall be
measured along the pedestrian pathway between the pedestrian access points for
the subject uses and the parking facility.Additionally, in order for any use to receive
the above-reduced rates a shuttle service shall be provided and maintained and
an employee parking plan required which shall be subject to the review and
approval of the planning department. Such employee parking plan shall include
mandatory measures to address employee parking including, but not limited to,
provision of transit passes carpool or vanpool programs, off-site parking when
available, monthly city parking passes and/or other measures intended to limit the
impact of employee parking on surrounding neighborhoods.
b. Shared parking: Mixed use development is encouraged to utilize the shared
parking calculations in section 130-221. Parking for residential uses may be
included in the shared parking calculation at a rate of 50 percent for daytime
weekdays, 70 percent for daytime weekends and 100 percent for all other times.
Shared parking shall be designated by appropriate signage and markings. The
shared parking facility may be located off-site within 600 feet of the uses served,
subject to section 130-36.
c. Carpool/vanpool parking: The minimum parking requirement may be reduced by
three parking spaces for every one parking space reserved for carpool or vanpool
vehicles registered with South Florida Commuter Services, not to exceed a
reduction of more than ten percent of the off-street parking spaces that would
otherwise be required. The property manager must submit an annual report to the
planning director documenting the carpool/vanpool registration and ongoing
participation by registered users.
(7) Bicycle parking: Short-term and long-term bicycle parking shall be provided for new
construction or substantial rehabilitation over 1,000 square feet, according to the
minimum standards in the table below and the "Guidelines for the Design and
Management of Bicycle Parking Facilities" available from the planning department.
a. Short-term bicycle parking (bicycle racks) serves people who leave their bicycles
for relatively short periods of time, typically for shopping, recreation, eating or
errands. Bicycle racks should be located in a highly visible location near the main
entrance to the use.
b. Long-term bicycle parking includes facilities that provide a high level of security
such as bicycle lockers, bicycle cages and bicycle stations. These facilities serve
people who frequently leave their bicycles at the same location for the day or
overnight.
Land use Minimum short-term bicycle Minimum long-term bicycle
parking spaces (whichever is parking spaces (whichever is
greater) greater)
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Commercial non-retail 4 per project or 1 per 10,000 1 per 10 percent of
square feet employees; or 2 for 5,000
square feet and under; 3 for
5,001-20,000 square feet; 6
for 20,001-50,000 square
feet; 10 for 50,000 square feet
and over
Retail • 1 per business, 4 per project 1 per 10 percent of
or 1 per 10,000 square feet employees; or 2 per 5,000
square feet and under; 3 per
5,001-20,000 square feet; 6
for 20,001-50,000 square
feet; 10 for 50,000 square feet
and over
Restaurants, bars, nightclubs • 1 per 10 seats or occupants 1 per 10 percent of employees
Hotel 2 per hotel or 1 per 10 rooms 1 per 10 percent of employees
Multifamily residential 4 per project or 1 per 10 units 1 per unit
c. Developers are encouraged to provide more than the minimum requirement as
appropriate for the particular uses in a building. The minimum required vehicular
parking shall be reduced by: One space for every five long-term bicycle parking
spaces and one space for every ten short-term bicycle parking spaces, not to
exceed a total of 30 vehicular parking spaces or 15 percent of the required vehicle
parking spaces whichever is less.
d. Nonresidential uses that provide showers and changing facilities for bicyclists shall
be exempted from vehicle parking requirements at a rate of two vehicle parking
spaces for each separate shower facility up to a maximum of eight parking spaces.
e. Short-term bicycle parking spaces may be provided in the public right-of-way
subject to design review, in situations where suitable space near the entrance to
the building or storefront is not available on private property. Bicycle parking in the
public right-of-way shall be subject to review and approval by the public works
department and shall not encroach on the pedestrian throughway zone.
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.
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SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this as day of I brli4Vy , 2023.
Dan Gelber, Mayor
ATTEST:
APPROVED AS TO
FEB 4 2023 FORM AND LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Clerk
l-S=Z2.
City Attorney Date
First Reading: February 1, 2023 4%% F Second Reading Februa 22, 0 3 Aft.. ••
• *
Verified by: • :INCORP OKAYED, s
Thomas R. Mooney, Al P : ag h
Planning Director
4414Cy26'`
T:\Agenda\2023\1 -February 2023\Planning\Parking District No 6-Restaurant Parking Amendment-First Reading ORD.docx
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Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: February 22, 2023
10:20 a.m. Second Reading Public Hearing
SUBJECT: PARKING DISTRICT NO. 6 - RESTAURANT PARKING AMENDMENT
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,"
SECTION 130-33, ENTITLED "OFF-STREET PARKING REQUIREMENTS
FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, 7, AND 8," TO MODIFY THE
PARKING REQUIREMENTS FOR RESTAURANT USES IN PARKING
DISTRICT NO. 6, 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 December 14, 2022, at the request of Commissioner Alex Fernandez,the City Commission
referred the subject Ordinance Amendment to the Planning Board (C4 Z).
Parking District No. 6 generally includes properties along the Alton Road corridor, between 5th
Street and Dade Boulevard. Currently, there is no parking requirement for restaurants of up to
60 seats or 1,500 square feet of eating and drinking areas in Parking District No. 6. For
restaurants with more than 60 seats or 1,500 square feet of eating/drinking areas, there is a
parking requirement of one (1) space for every four (4) seats, or one (1) space per 60 square
feet of space not used for seating.
ANALYSIS
PLANNING ANALYSIS
Due to changes in retail trends primarily due to e-commerce, a number of storefronts remain
vacant along Alton Road, particularly in the southern portion of the corridor. However, this area
includes successful locally owned and operated restaurants that cater to residents and visitors
alike. This creates an opportunity for those existing restaurants to expand into vacant areas of
existing buildings.
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Due to the minimum parking requirements for restaurants in Parking District No. 6, it can be
challenging and costly for restaurants to expand into the vacant commercial spaces. If an
existing restaurant in Parking District No. 6 were to exceed 60 seats or 1,500 square feet, the
minimum parking requirements would be triggered for the entirety of the restaurant.
Given these are existing buildings on small parcels, providing the amount of parking required on
site would be very difficult and likely require the substantial alteration or replacement of the
existing structure. In most instances this would be prohibitively expensive for relatively small
restaurants. Alternatively, the restaurant could participate in the fee in lieu of parking program;
however, these fees are also very expensive. Currently the fee in lieu of parking program
consists of either the payment of a one-time fee of $40,000 per space not provided, or, if
eligible, an annual payment of$800 per year for each space not provided.
To address this issue, the proposed Ordinance would amend the off-street parking regulations
for Parking District No. 6 within a limited area and for existing restaurants. Specifically, the
Ordinance would remove the off-street parking requirement associated with limited expansions
of existing restaurants located south of 10th Street. To be eligible, a restaurant must be
operating as of December 1, 2022, and the expanded restaurant shall not exceed a total of 150
seats. The Ordinance provides that if the number of seats exceeds 150, the parking
requirement for the entire restaurant would be triggered.
The Administration is supportive of the proposed Ordinance as it incentivizes limited expansions
of neighborhood-oriented restaurants that are easily accessible by pedestrians and various
forms of mobility. While limited restaurant expansions, as proposed by this Ordinance, may
increase parking demand, for those wishing to drive, the area is served by private and public
parking garages located at 9th Street (Gumenick Garage) and 6th Street (5th &Alton Garage —
G8), both of which are within walking distance of the area and are publicly accessible.
Additionally, this area is well served by the City's South Beach Loop Trolley and Miami-Dade
County Metrobus Routes 113 and 119, and is accessible by alternative modes of transportation,.
including micro-mobility options such as bicycles and scooters. Significant parking issues are
not anticipated.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on January24, 2023 and transmitted the Ordinance to
the City Commission with a favorable recommendation (5-2). The Planning Board also
recommended that the City Commission consider a requirement for entities eligible for this
amendment to provide either valet parking, or utilize available surplus parking, if feasible.
UPDATE
The subject Ordinance was approved at First Reading on February 1, 2023,with no changes.
SUPPORTING SURVEY DATA
According to the 2022 Community Satisfaction Survey conducted by the ETC Institute, at least
one-third of businesses indicated that barriers to establishing or growing their business has
been the cost of leasing or purchasing retail/commercial space (38.8%) and/or parking (35.8%).
The subject Ordinance would improve local business opportunity, allow for business growth, and
reduce challenges related to parking requirements.
FINANCIAL INFORMATION.
Page 403 of 1109
The subject Ordinance would reduce the amount of parking impact fees owed to the City by
restaurants within existing buildings that contain more than 60 seats. Given the limited
applicability of the proposed legislation, the fiscal impact is not expected to be significant.As an
example, one business seeking to utilize this amendment would not by subject to a parking
impact fee of close to $48,000.
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
❑ Form Approved ORD
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