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2012-28033 Reso RESOLUTION NO. 2012 -28033 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE CITY CODE CHAPTER 130, "OFF - STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130 -31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO. 5; AMENDING SECTION 130 -33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO. 5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142 -483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1 -1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE 11, "DISTRICT REGULATIONS," DIVISION 5, "CD -2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142 -302, "MAIN PERMITTED USES," SECTION 142 -303, "CONDITIONAL USES," AND SECTION 142 -305, "PROHIBITED USES," BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5. WHEREAS, the Land Use and Development Committee has examined the Sunset Harbour neighborhood for the past several years; and . WHEREAS, it has been determined that it is in the best interests of the City to encourage within the Sunset Harbour area an environment for neighborhood oriented and pedestrian scaled commercial development to take place; and WHEREAS, amending the Parking Requirements of the Land Development Regulations of the City Code for the Sunset Harbour is neighborhood would facilitate such commercial development; and WHEREAS, the proposed Ordinance has been reviewed by the Planning Board, which at its June 26, 2012 public hearing recommended by a vote of 5 -0 that the City Commission adopt such ordinance amendment. NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the setting of a public hearing on November 14, 2012 to consider the proposed amendment to the Land Development Regulations of the City Code. PASSED and ADOPTED this - A/k lay of 6 - 'e 2012. ATTEST: \P�....� -q�-� , MAYOR CITY cLERK ORATED: APPROVED AS TO FORM AND LANGUAGE L & FORE E UTION •® s y z i ttorney �Iw Date F: \T_Drive\AGENDA\2012 \10 -24-12 \Sunset Harbor Parking District 5 - PH RESO.docx COMMISSION ITEM SUMMARY Condensed Title: Setting A Public Hearing to consider an Ordinance Amendment creating Parking District #5 in the Sunset Harbour area and modifying the types of uses allowed in the 1 -1 Urban Light Industrial District and the CD -2 Commercial Medium Intensity District. Key Intended Outcome Supported: Neighborhood satisfaction and Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6 %, suggested the effort put forth by the City to regulate development is "about the right amount." Issue: Should the City Commission set the public hearing to consider amending the parking requirements and types of uses permitted for development in the Sunset Harbour neighborhood? Item Summary /Recommendation: SETTING PUBLIC HEARING The proposed ordinance would amend the parking requirements in the Sunset Harbour neighborhood, reducing or eliminating required parking for small commercial businesses. It would also set a lower threshold for Neighborhood Imapct Establishments, requiring Planning Board review of restaurants over 150 seats (currently review is for 300 seats or more). The Administration recommends that the City Commission adopt the Resolution setting a First Reading public hearing for November 14, 2012. Advisory Board Recommendation: At the June 26, 2012 meeting, the Planning Board recommended that the City Commission approve the proposed ordinance by a vote of 5 -0 (two members absent). Financial Information: Source of Amount Account Funds: 2 3 OBPI Total Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact upon the resources of the City at this time. CiV Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign -Offs: Depa rtment irector Assist nt City Manager City Manager F: \T_DriveWGENDA\2012 \10 -24-12 \Sunset Harbo king District 5 - PH SUM.docx MIAM IBEACH AGENDA ITEM C 7 E DATE MIAMI BEACH city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeach[).gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: October 24, 2012 SUBJECT: SETTING OF THE PUBLIC HEARING: Parking District #5 — Sunset Harbour Neighborhood A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE CITY CODE CHAPTER 130, "OFF- STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130 -31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO. 5; AMENDING SECTION 130 -33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO. 5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142 -483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1 -1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD -2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142 -302 "MAIN PERMITTED USES," SECTION 142 -303, "CONDITIONAL USES," AND SECTION 142 -305, "PROHIBITED USES," BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The proposed ordinance would amend the parking requirements in the Sunset Harbour neighborhood, reducing or eliminating required parking for small commercial business. It would also set a lower threshold for Neighborhood Imapct Establishments, requiring Planning Board review of restaurants over 150 seats (currently review is for 300 seats or more). The reduction of parking requirements is necessitated by the extreme difficulty of actually providing parking on -site within this constrained neighborhood. The policy of reducing parking requirements for small businesses is warranted now that the City of Miami Beach / Scott Robins joint partnership garage is operational. This garage will provide adequate infrastructure parking to support the surrounding neighborhood's burgeoning growth of small, resident- oriented businesses. Commission Memorandum. Setting of the Public Hearing. Parking District #5 — Sunset Harbour Neighborhood October 24, 2012 Page 2 of 3 Development of slightly larger projects would be required to provide parking; however, these particular projects would be permitted to pay a fee -in -lieu of providing parking on site. Large developments in excess of 15,000 square feet would continue to be required to provide parking on -site or within 500 feet. The cutoff for the parking reduction is 3,500 square feet per business, with a maximum aggregate of no more than 10,000 square feet of total area for one building. Similar thresholds apply to restaurants. On January 18, 2012, the Land Use and Development Committee recommended that an ordinance be forwarded to the Planning Board that included the following: • Within the Sunset Harbour neighborhood, eliminate parking requirements for restaurants of 100 seats or less, and up to 3,500 sq. ft., and for retail stores up to 3,500 sq. ft. • Requirement for Conditional Use for alcoholic beverage establishments greater than 100 restaurant seats or 125 person patron occupancy content. • Requirement for Conditional Use for main use parking garages in 1 -1 district. • Consideration of permitting the satisfaction of required parking through the payment of a fee in -lieu of parking for developments of <10,000 sq. ft. of new construction.. ANALYSIS Past discussions have focused on steps that can be taken to lessen the intensity of uses within the Sunset Harbor neighborhood including the 1 -1 and CD -2 districts in order to limit negative impacts of the businesses in the neighborhood. One way to do this that was identified by Planning Department staff is to encourage commercial uses that are compatible with the residential edge around the district. Those uses that are compatible with the residential edge, such as offices, dry cleaners, small coffee shops and small restaurants enhance the neighborhood by providing services nearby and avoiding the use of a car to take care of these common, everyday necessities. Other uses that are compatible with residential uses are retail stores, newspaper stands, among others, and the existing grocery stores — Publix and the just completed Fresh Market. Current regulations permit these types of neighborhood businesses, but parking continues to be a problem. Reductions in parking requirements would encourage these types of uses. In past discussions, the Commission has directed staff to look into the potential for such parking reductions, which could be similar to the parking districts currently existing for Lincoln Road, 41 and 71 Streets. Now that the City parking garage in the Sunset Harbour neighborhood is operational, the capacity and usage of the new garage can be examined. This type of parking district program is designed to encourage desirable uses that are compatible with the neighborhood's scale, while not at the same time permitting overdevelopment of large, impactful projects that might be out of scale with the area. Parking Districts 2, 3 and 4 (Lincoln Road, 41 and 71 Streets) were intended to attract retail and restaurant uses to these busy commercial corridors. They are effective because of the large amount of public parking in close proximity to these areas. Therefore, although retail and commercial uses are not required to provide parking, customers may easily find parking in the nearby public parking lots or garages. Note that these parking districts do not exempt residential or office uses from meeting parking requirements, as they have a different parking characteristic from retail. Persons shopping and dining tend to come and go throughout the day and evening, while office employees tend to stay parked all day long, and residents must find parking nearby each evening. Nevertheless, an initiative to reduce parking requirements could be focused upon Commission Memorandum Setting of the Public Hearing: Parking District #5 — Sunset Harbour Neighborhood October 24, 2012 Page 3 of 3 any combination of uses that the City wishes to encourage in this area. PLANNING BOARD REVIEW On April 24, 2012, the Planning Board held a discussion relative to this ordinance and provided initial input; overall, the Planning Board concluded that the proposal would be a good incentive to develop the Sunset Harbour neighborhood into an attractive, low scale, walking neighborhood. On June 26, 2012, the Planning Board (by a 5 -0 vote) transmitted the Ordinance Amendment to the City Commission with a favorable recommendation. CONCLUSION The Administration recommends setting a public hearing on November 14, 2012 to consider the proposed Ordinance at First Reading. KGB /JGG /RGL F: \T Drive\AGENDA\2012 \10 -24 -12 \Sunset Harbor Parking District 5 - PH MEMO.docx I PARKING DISTRICT NO. 5 - SUNSET HARBOUR ORDINANCE NO. 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, "OFF- STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130 -31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO. 5; AMENDING SECTION 130 -33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO. 5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142 -4$3, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1 -1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE 11, "DISTRICT REGULATIONS," DIVISION 5, "CD -2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142 -302, "MAIN PERMITTED USES," SECTION 142 -303, "CONDITIONAL USES," AND SECTION 142 -305, "PROHIBITED USES," BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Sunset Harbour neighborhood, as delineated by the boundaries in this ordinance is a neighborhood in transition from the light industrial uses that originally occupied the area, to an area of mixed uses; and WHEREAS, is it is desirable to lessen the intensity of the uses in this area in order to provide uses that are compatible with the residential aspect of the neighborhood; and WHEREAS, the purpose of this regulation is to provide incentives for a low- scale, neighborhood friendly development where people and commerce can exist side -by -side; and WHEREAS, the required parking as currently established in the Land Development Regulations of the City Code is one of the obstacles to promote a better quality of life to the residents of the area and to a more pedestrian - friendly neighborhood; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. I NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. 1 of 5 f SECTION 1. Chapter 130, "Off- Street Parking," Article II "District Requirements," Section 130 -31 "Parking Districts Established," is hereby amended by creating a new Parking District No. 5, as follows: Sec. 130 -31. - Parking districts established. (a) For the purposes of establishing off - street parking requirements, the city shall be divided into few five parking districts. 5) Parking district No. 5 — Sunset Harbour Neighborhood. Parking district No. 5 includes those properties generally bounded by Purdy Avenue on the west, 20 Street on the north, Alton Road on the east and Dade Boulevard on the south. SECTION 2. Section 130 -33 "Off- Street Parking Requirements for Parking Districts 2, 3, and 4," is hereby amended as follows: Section 130 -33. Off - Street Parking Requirements for Parking Districts 2, 3, aPA 4 and 5 La) Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3, aAd 4 and 5 accessory off - street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off - street parking requirement for uses in this parking district except for those listed below: (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, 1 parking space per 4 seats and 1 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. 2 of 5 (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): Parking may be satisfied by paying an annual fee in lieu of providing the required parking in an amount equal to 2% 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). (5) f4R2 QQFW4Q2tQ of anal 11)aAGY that ha ;Ad Innd - -AA hanrd the efrcr#ive date ( ) of this. GFdiAaAGq SECTION 3. Chapter 142, "Zoning Districts And Regulations," Section 142 -483, "Conditional Uses" in the 1-1, Urban Light Industrial District is hereby amended as follows: Section 142 -483. Conditional uses. The conditional uses in the I -1 urban light industrial district are: (13) Main use parking garages: (14) Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the Fire Marshall) in excess of 125 persons and a floor area in excess of 3.500 square feet. Section 4. Chapter 142, "Zoning Districts And Regulations," Section 142 -302, "Main Permitted Uses" in the CD -2, Commercial Medium Intensity District, is hereby amended as follows: Sec. 142 -302. - Main permitted uses. The main permitted uses in the CD -2 commercial, medium intensity district are commercial uses; apartments; apartment/hotels; hotels; and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter (alcoholic beverages). EaFC,-, 3 of 5 X 2' aFe mhibited an propeFfiers, geseFally bounded by RuFdy Avenue on the west, 29th 6489t 9R the neFth, AlteR Read en the east and Dade BewlevaFd en the sewth. Parking restrictions - Except as otherwise provided in these land development regulations, when any building or structure is erected or altered within the CD -2 commercial medium intensity district, on properties in the Sunset Harbour neighborhood generally bounded by Purdy Avenue, 20 Street, Alton Road and Dade Boulevard the parking restrictions in Section 130 -33(b) for Parking District No. 5 shall apply. Section 5. Section 142 -303, "Conditional Uses," in the CD-2 Commercial Medium Intensity District, is hereby amended as follows: Sec. 142 -303. - Conditional uses. The conditional uses in the CD -2 commercial, medium intensity district in the Sunset Harbour neighborhood, generally bounded by Purdy Avenue, 20 Street, Alton Road and Dade Boulevard are: Main use parking garages; Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the Fire Marshall) in excess of 125 persons and a floor area in excess of 3.500 square feet; adult congregate living facilities; funeral home; nursing homes; religious institution; pawnshops; video game arcades; public and private institutions; schools; any use selling gasoline; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the before the review by any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment; and storage and /or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142 -1103. Section 6. Section 142 -305, "Prohibited Uses," in the CD -2 Commercial Medium Intensity District, is hereby amended as follows: Sec. 142 -305. - Prohibited uses. The prohibited uses in the CD -2 commercial, medium intensity district are accessory outdoor bar counters, except as provided in this division. Except as otherwise provided in these land development regulations, prohibited uses in the CD -2 commercial medium intensity district in the Sunset Harbour Neighborhood, generally bounded by Purdv Avenue 20"' Street Alton Road and Dade Boulevard also include outdoor entertainment establishment: neighborhood impact establishment: and open air entertainment establishment. Section 7. Repealer All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. 4 of 5 r Section 8. Applicability Properties that have a pending application for a building permit as of June 26, 2012 shall be allowed to obtain such building permit without being subject to the conditional use requirements of this ordinance. Section 9. 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 re- numbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 10. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 11. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of 2012. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE ANP FOR EXECUTION its orn y D to First Reading: November 14, 2012 Second Reading: December 12, 2012 Verified By: Richard G. Lorber, AICP Acting Planning Director F:1T_Drive\AGENDA \2012 \10 - 2412 \Sunset Harbor Parking District 5 - PH ©RD.docx 5 of 5 i _.