2014-3900 Ordinance Collins Waterfront Historic District Parking Garage Heights Ordinance
ORDINANCE NO, 2014-3900
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 III, "DESIGN STANDARDS,"
SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL PARKING
GARAGES," BY AMENDING THE MAXIMUM HEIGHT AND
REQUIREMENTS FOR ALLOWABLE ACCESSORY COMMERCIAL
AND RESIDENTIAL USES OF MAIN USE PARKING GARAGES
LOCATED WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Collins Waterfront Local Historic District has been designated by the
City as a Local Historic District; and
WHEREAS, the addition of off street parking facilities within the Collins Waterfront
District is necessary and desired in order to accommodate increased hotel traffic; and
WHEREAS, the City desires to increase the allowable heights for main-use parking
garages in the Collins Waterfront Historic District; 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 III, "Design
Standards," Section 130-68, "Commercial and Noncommercial Parking Garages," is hereby
amended as follows:
Sec. 130-68. Commercial and noncommercial parking garages.
Commercial and noncommercial parking garages as a main use on a separate lot shall be
subject to the following regulations, in addition to the other regulations of this article:
(1) When located in the CD-1, CD-2, CD-3, C-PS1, C-PS2, C-PS3, C-PS4, MXE and 1-1
districts and in GU districts adjacent to commercial districts, a commercial or
noncommercial parking garage shall incorporate the following:
a. Residential (when permitted) or commercial uses at the first level along every
facade facing a street, sidewalk, waterway or the ocean. For properties not
having access to an alley, the required residential or commercial space shall
accommodate entrance and exit drives.
b. Residential (when permitted) or commercial uses above the first level along
every facade facing a waterway or the ocean.
C. All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential or commercial uses; the total amount of
residential or commercial space shall be determined by the design review or
historic preservation board, as applicable, based upon their respective criteria.
However, in no instance shall the above described residential (when permitted) or
commercial space exceed 25 percent of the total floor area of the structure. Additionally,
in no instance shall the amount of floor area of the structure used for parking, exclusive
of the required parking for the above described residential or commercial space, be less
than 50 percent of the total floor area of the structure, so as to insure that the structure's
main use is as a parking garage.
(2) When located in the RM-1, RM-2, RM-3, R-PS1, R-PS2, R-PS3 and R-PS4 districts and
the GU districts adjacent to residential districts, the following regulations shall apply:
a. Commercial or noncommercial parking garages shall incorporate the following:
1. Residential or commercial uses, as applicable, at the first level along every
facade facing a street, sidewalk, waterway or the ocean. For properties not
having access to an alley, the required residential or commercial space
shall accommodate entrance and exit drives.
2. Residential uses above the first level along every facade facing a waterway
or the ocean. For main use garages located within the Collins Waterfront
Local Historic District, with frontage on both Indian Creek Drive and Collins
Avenue, either residential or office uses shall be permitted facing Indian
Creek Drive. Additionally, the Historic Preservation Board may approve a
lesser amount of residential or office uses along every facade above the
first floor facing Indian Creek Drive, provided the Board determines that the
design of the facade satisfies the Certificate of Appropriateness Criteria in
Chapter 118, Article X of the Land Development Regulations.
3. All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential uses; the total amount of residential space
shall be determined by the Design Review or Historic Preservation Board,
as applicable, based upon their respective criteria.
b. In addition, the following shall apply:
1. When a parking garage is located in the RM-3 or R-PS4 districts, or on
Collins Avenue from 25th to 44th Streets, or on West Avenue, south of 11 th
Street, in an RM-2 district where the subject site is located adjacent to an
RM-3 district, such garage may also have first floor frontage with space
occupied for commercial uses facing the subject RM-3 area.
2. When a parking garage is located in an RM-1 district, where the subject site
is abutting a property line or separated by an alley from a CD-3 district, the
garage may also serve commercial uses.
3. When a parking garage is located in an RM-2 district, where the subject site
is fronting on or separated by a street but not an alley or property line from
a CD-2 or CD-3 district, such garage may also have first floor frontage with
space occupied for commercial uses facing the subject CD-2 or CD-3 area,
and also serve commercial uses.
4. Any parking structure permitted under subsections (2)b.2. and 3. that serve
commercial uses shall be restricted to self-parking only. No valet parking
shall be allowed.
5. At least one third of the parking spaces in any parking structures permitted
under (2)b.2. and 3., shall be dedicated for residential uses at all times. The
planning board may, based upon the projected neighborhood demand,
increase or decrease the percentage of residential parking as part of the
conditional use process.
6. When commercial uses are permitted in the ground floor of parking
structures under this subsection (2) dance halls, entertainment
establishments, neighborhood impact establishments, outdoor
entertainment establishments or open-air entertainment establishments
shall be prohibited uses in the garage structure.
In no instance shall the above described combined residential and/or commercial space
exceed 25 percent of the total floor area of the structure, with the commercial space not
exceeding ten percent of the total floor area of the structure, nor shall any accessory
commercial space exceed 40 feet in depth. Additionally, in no instance shall the amount
of floor area of the structure used for parking, exclusive of the required parking for the
above described residential or commercial space, be less than 50 percent of the total
floor area of the structure, so as to insure that the structure's main use is as a parking
garage. Signage for commercial uses allowable under this provision are limited to one
nonilluminated sign no greater than ten square feet in area per business.
(3) When located in residential districts, a commercial or noncommercial parking garage
shall serve only residential uses except as provided in subsection (2). A commercial or
noncommercial parking garage shall provide required parking for any commercial use
located within the garage.
(4) The height limit shall be 75 feet in the CD-3 district, excluding parking garages within a
local historic district and in the GU district; for all other districts (including local historic
districts), the height limit shall be the lesser of 50 feet or the maximum height specified in
the underlying zoning district; however, the maximum permitted height for residential
uses shall be as specified in the underlying zoning district. Notwithstanding the
foregoing, for main use parking garages located on non-oceanfront lots within the Collins
Waterfront Local Historic District, with frontage on both Indian Creek Drive and Collins
Avenue, the maximum height shall be as specified in the underlying zoning district, not
to exceed 8 stories and 75 feet.
(5) Setbacks shall be the same as the pedestal setbacks for the underlying zoning district.
For main use parking garages located on non-oceanfront lots within the Collins
Waterfront Local Historic District, with frontage on both Indian Creek Drive and Collins
Avenue, the required pedestal setbacks may extend up to a maximum height of 8 stories
and 75 feet.
(6) The volume of such commercial and noncommercial parking garages shall be limited by
the required setbacks and heights described within this section and shall not be subject
to the floor area ratios prescribed for in the underlying zoning district.
(7) Parking garages that are built solely with public funds may be exempt from the
requirements of subsections (1) and (2), above, if meeting the requirement would affect
the tax exempt status of the project. The forgoing does not limit the city commission's
ability to waive development regulations for GU properties as per section 142-425.
(8) For main use parking garages within the GU and CCC districts. Robotic parking
systems may be used, notwithstanding the provisions of article III, "Design Standards,"
referencing minimum parking space dimensions, drive width, interior aisle width, and
required markings. Robotic parking system means a mechanical garage using elevator
systems to hoist individual vehicles from receiving areas to separate auto storage areas.
Under this provision, accessory off-street parking spaces requirements may not be satisfied
through the use of robotic parking systems.
(9) When located in the TC-3 and GU districts located within the TC-3 districts in the North
Beach Town Center area, the following regulations shall apply:
a. When a parking garage is located in the TC-3 district, such garage may also have first
floor space occupied for commercial uses, subject to conditional use approval.
b. Residential or commercial uses shall be incorporated at the first level along every facade
facing a street, sidewalk or waterway. The required residential or commercial space may
accommodate entrance and exit drives for vehicles, inclusive of ramping running parallel
to the street.
C. When the subject site is abutting or separated by an alley from a TC-1 district, the
garage may also serve commercial uses.
d. In no instance shall the above-described combined residential and/or commercial space
exceed 35 percent of the total floor area of the structure.
e. Additionally, in no instance shall the amount of floor area of the structure used for
parking, exclusive of the required parking for the above-described residential or
commercial space, be less than 50 percent of the total floor area of the structure, so as
to insure that the structure's main use is as a parking garage.
f. The height limit shall be 50 feet.
g. Setbacks shall be the same as the setbacks for the TC-3 zoning district, except that
parking garages on lots with a front yard facing a street right-of-way greater than 50 feet
in width, shall have a minimum front yard setback of ten feet.
h. The volume of such commercial and noncommercial parking garages shall be limited by
the required setbacks and heights described within this section and shall not be subject
to the floor area ratios prescribed for in the underlying zoning district.
i. Signage for commercial uses allowable under this provision shall be governed by the
TC-3 district regulations.
SECTION 2. 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 3. 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 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 �a day of (/C , 2014.,
MAYOR
ATTEST:
L 14T iN 0E-1-' 0;RA I-ED a
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: September 10, 2014
Second Reading: October 22, 2014
Verified by:
Thomas R. Mooney, CP
Planning Director
TAAGENDA\2014\October\Co11ins Waterfront Garage Heights-ORD Second Reading.docx
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying the maximum height limits, setback
and active use requirements for main use parking garages located within the Collins Waterfront Local
Historic District.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would increase the overall allowable height and modify the active accessory
use requirements for main use parking garages located in the Collins Waterfront Local Historic
District.
On September 10, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for October 22, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On July 22, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of
5 to 0 (Planning Board File No. 2189).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director Assistant City Manager City Manager
T:WGENDA\2014\0ctober\Collins Waterfront Garage Heights-SUM Second Readin cx
AGENDA ITEM C-
MIAMIBEACH DATE 10-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City mission
FROM: Jimmy L. Morales, City Manager
DATE: October 22, 2014 SEGO ,D READING — PUBLIC HEARING
SUBJECT: COLLINS WATERFRONT PARKIN GARAGE HEIGHTS
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 III, "DESIGN STANDRDS," SECTION 130-68,
"COMMERCIAL AND NON-COMMERCIAL PARKING GARAGES," BY
AMENDING THE MAXIMUM HEIGHT AND REQUIREMENTS FOR
ALLOWABLE ACCESSORY COMMERCIAL AND RESIDENTIAL USES OF
MAIN USE PARKING GARAGES LOCATED WITHIN THE COLLINS
WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On April 23, 2014, the City Commission, at the request of Commissioner Jonah Wolfson,
referred a discussion item to the Land Use and Development Committee (Item R9X),
regarding an Ordinance Amendment to permit additional height for garages in the RM-2
district, and to permit certain garages without commercial or residential units.
On May 7, 2014, the Land Use and Development Committee referred the item to the
Planning Board as an ordinance amendment, with a favorable recommendation. The
Land Use and Development Committee also recommended that active space be
required on all ground floor levels.
ANALYSIS
Within the Collins Waterfront Local Historic District, generally bounded by Indian Creek
and the Atlantic Ocean, from 26th to 44th Streets, parking garages are permitted within
the RM-2 districts. Section 130-68 of the City Code establishes the design standards for
commercial and non-commercial parking garages; specifically, as a main use on a
separate lot these structures are subject to the following regulations, when located within
Commission Memorandum
Ordinance—Collins Waterfront Parking Garage Heights
October 22, 2014 Page 2 of 3
an RM-2 Zoning District:
• Residential or commercial uses, as applicable, at the first level along every
facade facing a street, sidewalk, waterway or the ocean.
• Residential uses above the first level along every facade facing a waterway or
the ocean.
• All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential uses; the total amount of residential space shall
be determined by the Design Review or Historic Preservation Board, as
applicable, based upon their respective criteria.
• When a parking garage is located on Collins Avenue from 25th to 44th Streets in
an RM-2 district where the subject site is located adjacent to an RM-3 district,
such garage may also have first floor frontage with space occupied for
commercial uses facing the subject RM-3 area. However, dance halls,
entertainment establishments, neighborhood impact establishments, outdoor
entertainment establishments or open-air entertainment establishments shall be
prohibited uses in the garage structure.
• The combined residential and/or commercial space cannot exceed 25 percent of
the total floor area of the structure, with the commercial space not exceeding ten
percent of the total floor area of the structure, nor shall any accessory
commercial space exceed 40 feet in depth. Additionally, in no instance shall the
amount of floor area of the structure used for parking, exclusive of the required
parking for the above described residential or commercial space, be less than 50
percent of the total floor area of the structure, so as to insure that the structure's
main use is as a parking garage.
In addition to these mandatory design standards, the height limit for a main use parking
garage is the lesser of 50 feet or the maximum height specified in the underlying zoning
district. For RM-2 zoned properties within the Collins Waterfront Local Historic District,
the maximum building height for a stand-alone residential project is 8 stories / 75 feet.
However, as 50 feet is the lesser of the height limit, main use garages are currently
limited to 50 feet.
A proposal has been put forward by a major hotel group within the Collins Waterfront
District to allow for main use garages to have a height limit of 8 stories / 75 feet, which
would be consistent with the height limit for residential projects in the district. The
rationale for this proposal is to be able to provide additional parking within a confined
area that is in need of more parking. Additionally, given the very limited supply of vacant
land and other land that could be used for vertical parking structures, being able to
maximize the number of spaces within a site would benefit both residents and visitors
alike.
As part of this Ordinance Amendment, a reduction in the amount of required active uses
along the upper portions (those floors above the first level) of the structure facing a
waterway has been proposed. No changes are proposed for the required active uses at
the first level, as it has been the long time consensus that activation along the first level
of all sides of a parking garage facing a sidewalk is a critical component for a healthy,
vibrant and pedestrian oriented street. Additionally, activating the first level of all sides
of a parking structure facing a sidewalk creates a much safer and aesthetically superior
structure when experienced at the pedestrian level.
Commission Memorandum
Ordinance—Collins Waterfront Parking Garage Heights
October 22, 2014 Page 3 of 3
Planning staff did express some concern with the complete elimination of required active
space at the upper levels of a garage, as the aesthetic quality of a larger garage could
be compromised when viewed from Indian Creek. However, the Planning Board was
supportive of allowing the Historic Preservation Board to have discretion regarding uses
above the first floor.
PLANNING BOARD REVIEW
On July 22, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2189).
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
UPDATE
The subject Ordinance was approved at First Reading on September 10, 2014.
CONCLUSION
The Mministration recommends that the City Commission adopt the Ordinance.
J 6mf RM
T:\AGENDA\2014\0ctober\Co11ins Waterfront Garage Heights-MEM Second Reading.docx
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