2004-25754 Reso
RESOLUTION NO. 2004-25754
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, CHAPTER 130 "OFF-
STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY AMENDING
SECTION 130-70 "TEMPORARY PARKING LOT STANDARDS;" AND SECTION 130-
71 "PROVISIONAL PARKING LOT STANDARDS" BY CLARIFYING EXISTING
REGULATIONS, PROHIBITING PROVISIONAL LOTS IN THE R-PS1 THROUGH 3
RESIDENTIAL PERFORMANCE STANDARDS ZONING DISTRICTS, AND
MODIFYING LANDSCAPING STANDARDS.
WHEREAS, provisional commercial or noncommercial parking lots may be operated in the
CD1-3 (commercial, low to high intensity) districts, CPS-1 and 2 (commercial performance standards
districts), R-PS1 through 3 (residential performance standards districts), 1-1 (1ight industrial) district, and.
MXE (mixed use entertainment) district independent of a primary use; and
WHEREAS, because provisional parking are not permitted to exist for a potential period of time
greater than eighteen months, there are minimal landscaping standards required and not sufficient for
compatibility with residential districts; and
WHEREAS, the landscaping standards for both temporary and provisional parking lots that
currently exist do not enhance the physical environment of the surrounding neighborhoods, and
WHEREAS, it is the desire of the Planning Board as the Land Planning Agency for the City of
Miami Beach to upgrade the existing landscaping standards to improve the visual and aesthetic
standards throughout the City; and
WHEREAS, it is in the best interest of the City, its residents and visitors to improve the quality of
life by displaying the exuberance of the tropical environment of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA THAT a first reading public hearing is hereby set to be held
before the City Commission on the first meeting of January 2005.
PASSED AND ADOPTED this ~ day of Dee ., 200 .
MAYOR
~~~
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CITY CLERK
APPROVED AS TO FORM
& LANGUAGE & FOR EXECUTION
Ai! ~ 1)-/9-0,/
City Attorney ~ Date
F:\PLAN\$PLB\draft ordinances\2004\1695. Parking lot reso set pblc hrg.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A resolution setting a first reading public hearing for a proposed ordinance amending the Temporary and
Provisional Parking Lot Standards and prohibiting provisional parking lots in the RPS districts; clarifying
sign regulations for Temporary and Provisional Lots and modifying the landscape standards for Temporary
and Provisional Lots.
Issue:
Should the regulations for the Temporary and Provisional Parking Lot Standards be amended to increase
landscaping standards; prohibit provisional parking lots in the RPS districts; and clarify sign regulations for
Temporary and Provisional Lots? .
Item Summary/Recommendation:
The Administration recommends that the City Commission set a first reading public hearing for the proposed
ordinance for the January 12, 2005.
Advisorv Board Recommendation:
At the October 26, 2004 meeting of the Planning Board, by a vote of 6-0 (one member absent) the Board'
recommended approval of the proposed ordinance to the City Commission.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Mercy Lamazares/Jorge Gomez
Si n-Offs:
Department Director
Assistant City Manager
City Manager
T:\AGENDA\2004\Dec0804\Consent\1695 - temp & prav prk lots sum.doc
AGENDA ITEM
DATE
C7r:
12~r-Oif
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: December 8, 2004
From:
Jorge M. Gonzalez \. t~
City Manager U' 0
Subject:
Temporary and Provisional Parking Lots Standards
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO CONSIDER AN AMENDMENT TO THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, CHAPTER
130 "OFF-STREET PARKING," ARTICLE III, "DESIGN
STANDARDS," BY AMENDING SECTION 130-70 "TEMPORARY
PARKING LOT STANDARDS;" AND SECTION 130-71
"PROVISIONAL PARKING LOT STANDARDS" BY CLARIFYING
EXISTING REGULATIONS, PROHIBITING PROVISIONAL LOTS IN
THE R-PS1 THROUGH 3 RESIDENTIAL PERFORMANCE
STANDARDS ZONING DISTRICTS, AND MODIFYING
LANDSCAPING STANDARDS.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public hearing
for the proposed ordinance for the January 12, 2005 meeting.
BACKGROUND
At the August 24, 2004, the Planning Board requested a review of the regulations in the
City Code pertaining to the Provisional and Temporary Parking lot standards, and to bring
forth an amendment that would do the following:
· Upgrade the standards of the required landscaping for both the temporary and
provisional parking lots.
· Create requirements for copy to be included in permitted signs that would identify
the operator, phone numbers of contact for problems or complaints, the type of use,
fees.
· Standardize the conditions of approval
· Prohibit provisional lots in the RPS districts.
Commission Memorandum
December 8, 2004
Temporary and Provisional Parking Lot Standards
Page 2
Currently the City Code permits Temporary commercial or noncommercial parking lots in
the MR marine recreational district, GU government use district, MXE Mixed Use
Entertainment District or in any commercial district. Temporary, noncommercial lots may
be located in the R-PS1--4 and in any multifamily residential district or within the
architectural district as defined in section 114-1. A noncommercial lot is one where parking
is initially approved for a specific use and not offered to the general public.
Temporary parking lots can exist for three years and a request can be made for one initial
extension of time for a two-year period, which would be granted by the Planning Board.
After the initial extension of time, the planning director may grant up to five one-year
extensions of time.
Provisional commercial or noncommercial parking lots may be operated in the CD1-3
(commercial, low to high intensity) districts, CPS-1 and 2 (commercial performance
standards districts), RPS-1 through 3 (residential performance standards districts), 1-1 (light
industrial) district, and MXE (mixed use entertainment) district. These lots may be operated
independent of a primary use.
Provisional parking lots are not be permitted to exist for a period of time greater than one
year; however, a request for one extension of time for a period not exceeding six months
may be requested from the planning director. Any further extension of time is prohibited.
ANALYSIS
For some time the Planning Board, as well as Planning Department staff, have been
concerned about parking lots throughout the City, how they look, how they are maintained
and the standards that currently exist in the City Code. In recent applications for
extensions of time for existing temporary parking lots, the Planning Board has expressed
these concerns and has requested an amendment to the City Code that upgrades the
existing standards and addresses all these concerns.
At the September 2004 meeting of the Planning Board, an application for an amendment to
the Code relative to temporary parking lots in the MXE district was reviewed. Planning
Department staff recommended approval of the amendment suggesting some modifications
to the request - improvements to the landscaping standards among others. The Board
recommended that the City Commission approve the request incorporating staff
suggestions. This proposed amendment will have a first reading at the November 10,2004
City Commission meeting.
As a segue to the ordinance mentioned above, revisions to Sections 130-70 and 130-71 of
the Code are being proposed pertaining to Temporary and Provisional Parking Lots. The
proposed ordinance reorganizes sections of the Code for better understanding and
sequencing; amends the provisional lot standards by upgrading the required landscaping;
amends signage requirements to include the name of the operator, phone number where
the operator can be contacted for information and complaints, and who can use the parking
lot; and it eliminates the RPS districts as locations for provisional parking lots.
Commission Memorandum
December 8, 2004
Temporary and Provisional Parking Lot Standards
Page 3
It should be noted that provisional parking lots are not permitted in any RS, Single Family,
or RM, multifamily zoning districts. The elimination of provisional parking lots in the RPS
districts was discussed at length during several Planning Board meetings. During these
discussions, Board members articulated concerns of these types of parking lots in a
redevelopment area that has increased in stature with new developments or increased
renovation of existing structures. Board members believe that the lower standards of the
provisional parking lot (crushed rock surface) are no longer compatible with this residential
area and it would be best to prohibit them. Provisional parking lots are still permitted in the
C-PS1 and 2 (commercial performance standards districts), CD-1 through 3 (commercial,
low to high intensity), 1-1 (light industrial) and MXE (mixed use entertainment),
PLANNING BOARD ACTION
At the October 26,2004 meeting of the Planning Board, by a vote of 6-0 (one member
absent) the Board recommended approval of the proposed ordinance to the City
Commission.
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment.
CONCLUSION
Pursuant to Section 118-164(2), when a request to amend these Land Development
Regulations changes the actual list of permitted, conditional or prohibited uses in a zoning
category, the City Commission shall hold two advertised public hearings on the proposed
ordinance; at least one hearing shall be held after 5:00 p.m. The first public hearing shall
be held at least seven days after the day that the first advertising is published. The second
public hearing shall be advertised at least five days prior to the public hearing.
Immediately following the public hearing at the second reading public hearing, the City
Commission may adopt the ordinance by an affirmative vote of five-sevenths of all
members of the City Commission.
JMG/C~/J:;ML
T:IAGENDA\2004\Dec0804\Consenl\1695 -lemp & prov memo.doc