2016-4063 Ordinance Off-Street Parking Regulations
ORDINANCE NO. 2016-4063
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE V, "FEE
IN LIEU OF PARKING PROGRAM," BY AMENDING AND CLARIFYING
STANDARDS AND PROCEDURES FOR OFF-STREET PARKING
REQUIREMENTS, AND PROVIDING THAT NO FEE IN LIEU OF PARKING
SHALL BE REQUIRED TO REMOVE EXISTING PARKING SPACES IN A
HISTORIC DISTRICT, IF A REDUCTION IN THE INTENSITY OF USES
RESULTS IN A SURPLUS OF PARKING SPACES; PROVIDING
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, regulation of standards for off-street parking improves the health, safety, and
welfare of the City's residents; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130, "OFF-STREET PARKING", is hereby amended, as follows:
Chapter 130 - OFF-STREET PARKING
ARTICLE V. - FEE IN LIEU OF PARKING PROGRAM
Sec. 130-132. - Fee calculation.
(a) New construction. The fee in lieu of providing parking for new construction shall be satisfied
by a one-time payment at the time of issuance of a building permit per parking space. The
amount of such one-time fee is set forth in section 118-7.
(b) Existing structures and outdoor cafes. When alteration or rehabilitation of a structure results
in an increased parking requirement, or an outdoor cafe is created or expanded, the fee in
lieu of providing parking shall be satisfied by one of the following:
(1) A one time payment as set forth in subsection (a) of this section.
(2) A yearly payment in the amount set forth in 118-7, which shall continue as long as the
use exists. (The amount of such payment may vary from year to year in accordance
with the determination set forth in subsection (d) of this section.) However, in lieu of
continued yearly payments, a one-time redemption payment may be made at any time
of the full amount due pursuant to subsection (a) of this section minus the amount of
money already paid through yearly payments; such amount shall be based upon the
latest determination made pursuant to subsection (d) of this section as of the time of
the redemption payment rather than upon the amount which would have been due if
the fee had been paid at the time of issuance of the building permit. However, when
new floor area is added to the existing building, the fee in lieu shall be as set forth in
subsection (a) of this section.
(c) Removal of existing parking spaces in a historic district. Whenever an existing required
parking space is removed or eliminated for any building that existed prior to October 1,
1993, which are located within the architectural district, a contributing building within a local
historic district, or any individually designated historic building, a fee in lieu of providing
parking shall be required if a replacement parking space is not provided pursuant to section
130-36. Such fee shall be satisfied as set forth in subsection (b), above. In no case shall the
removal of parking spaces result in less than one parking space per residential unit or 50
percent of the required parking for commercial uses. This subsection shall not prohibit the
removal of grade level parking spaces located within the front, side street or interior side
yards of a lot, should those parking spaces be nonconforming. Notwithstanding the
foregoing, an owner shall be permitted to remove parking spaces required for a building in
the architectural district or a local historic district constructed after October 1, 1993, if a
change in said building results in a net reduction of required parking spaces. No fee in lieu
of providing parking or the replacement of parking spaces pursuant to section 130-36 shall
be required to remove such spaces, unless the number of parking spaces being removed is
greater than the net reduction of required parking spaces.
(d) Annual evaluation. The amount determined to be the city's total average cost for land
acquisition and construction of one parking space shall be evaluated by the city commission
based upon the Consumer Price Index (CPI). If determined appropriate, the city
commission may amend the fee structure in this section by resolution.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances 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 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this i1/ day of JeCCni4 2e
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ATTEST: Philip Le■in.' .,v
Mayor !
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First Readi : "' 'November 9, 2016
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TAGENDA\2016\November\Planning\Off-Street Parking PIF Amendment-First Read ORD.docx
Ordinances - RS D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 14, 2016
10:15 a.m. Second Reading Public Hearing
SUBJECT: OFF-STREET PARKING REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING CHAPTER 130, "OFF-STREET PARKING,"ARTICLE V, "FEE IN LIEU
OF PARKING PROGRAM," BY AMENDING AND CLARIFYING STANDARDS AND
PROCEDURES FOR OFF-STREET PARKING REQUIREMENTS, AND
PROVIDING THAT NO FEE IN LIEU OF PARKING SHALL BE REQUIRED TO
REMOVE EXISTING PARKING SPACES IN A HISTORIC DISTRICT, IF A
REDUCTION IN THE INTENSITY OF USES RESULTS IN A SURPLUS OF
PARKING SPACES; PROVIDING CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
HISTORY
On September 27, 2016, the City Commission adopted a comprehensive amendment to
Chapter 130 of the Land Development Regulations of the City Code, pertaining to Off-Street
Parking Requirements (Item R5A). The subject ordinance was approved at First Reading on
July 13, 2016.
As part of the discussion on the Ordinance on September 27, 2016, the City Commission
referred the following proposed revision to Sec. 130-132, pertaining to the removal of off-street
parking spaces, to the Land Use and Development Committee:
No fee in lieu of providing parking or the replacement of parking spaces pursuant to
section 130-36 shall be required to remove such spaces, unless the number of parking
spaces being removed is greater than the net reduction of required parking spaces.
On October 26, 2016 the Land Use Committee discussed the aforementioned language and
recommended that it be included in the Ordinance, as originally proposed. Since the legislation
was adopted on September 27, 2016 without the subject text, a new First and Second Reading
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is required in order to include it.
BACKGROUND
The following is a detailed timeline of the legislation adopted by the City Commission on
September 27, 2016:
September 10, 2014:
The City Commission updated the "Fee in Lieu of Parking" from $35,000 to $40,000 per
parking space, in order to reflect changes in property values and consumer price indexes as
required by Section 130-132 (d) of the City Code. .In conjunction with this modification, the City
Commission referred a discussion item to the Land Use and Development Committee
pertaining to the current off-street parking requirements in Chapter 130 of the City Code.
December 10. 2014:
The item was continued to a date certain of January 21, 2015.
January 21. 2015:
The Land Use and Development Committee discussed the item and continued it to a date
certain of February 18, 2015. The item was moved to May 27, 2015, due to the length of the
agendas.
May 27. 2015:
The Land Use and Development Committee discussed the item and directed the Administration
to prepare a draft Ordinance to be presented at the July 29, 2015 LUDC meeting, in
accordance with recommendations listed in the administration memo.
On July 29. 2015:
The Land Use and Development Committee continued the item to the September 9, 2015
meeting.
September 9. 2015:
The Land Use and Development Committee continued the item to the November 18, 2015
meeting. The November 18, 2015 Land Use and Development Committee meeting was
cancelled, as was the December 2, 2015 meeting.
January 20, 2016:
The item was continued to February 17, 2016.
February 17. 2016:
The item was continued to a date certain of April 20, 2016.
April 20. 2016:
The Land Use Committee discussed the proposal and recommended that the City Commission
refer the proposed ordinance to the Planning Board for consideration and recommendation. At
this meeting, the Land Use Committee considered the following amendment, which was
proposed by representatives of the Shore Club property, regarding the removal of parking
spaces for historic buildings:
Notwithstanding the foregoing, an owner shall be permitted to remove parking spaces
Page 558 of 1191
required for a building in the architectural district or a local historic district constructed
after October 1, 1993, if a change in said building results in a net reduction of required
parking spaces. No fee in lieu of providing parking or the replacement of parking
spaces pursuant to section 130-36 shall be required to remove such spaces, unless
the number of parking spaces being removed is greater than the net reduction of
required parking spaces.
This amendment was proposed on the floor, and was discussed as part of the public hearing. It
was not part of the draft ordinance, nor was it noted within the Land Use Committee memo. The
LUDC, by a separate motion (3-0), recommended that this amendment regarding the removal of
parking spaces for historic buildings be included in the ordinance. The administration had no
objection to this proposed amendment.
May 11. 2016:
The City Commission referred the subject ordinance (Item C4G) to the Planning Board for
consideration and recommendation.
The following is the revised language placed in Sec. 130-132(c) of the referral ordinance, at the
direction of the Land Use Committee:
Notwithstanding the foregoing, an owner shall be permitted to remove parking spaces
required for a building in the architectural district or a local historic district constructed after
October 1 1993 if a chan.e in said buildin. results in a net reduction of re.uired •arkin•
spaces. No fee in lieu of providing parking or the replacement of parking spaces pursuant to
section 130-36 shall be required to remove such spaces. unless the number of parking
spaces being removed is greater than the net reduction of required parking spaces.
The following text was in the referral memo:
The Land Use Committee also recommended that Section 130-132(c) be modified to
allow for the removal of parking spaces required for a building in the architectural
district or a local historic district constructed after October 1, 1993, if a change in said
building results in a net reduction of required parking spaces. The revised language
has been included in the attached draft ordinance.
June 28. 2016:
The Planning Board (by a 5-0 vote) transmitted the proposed ordinance amendment to the City
Commission with a favorable recommendation.
July 13. 2016:
The subject ordinance was approved at First Reading. During the discussion at First Reading,
the Commission requested that the Administration provide a current summary of underutilized
parking facilities in the City. •
September 14,2016:
The City Commission considered the proposed ordinance at Second Reading, including the
requested list of currently operating underutilized parking lots and structures in the City. The
Commission continued action on the ordinance to a date certain of September 27, 2016, in
order to have time to review suggested amendments to Sec 130-36 pertaining to off-site
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•
parking facilities, which were proposed on the floor. These amendments would expand the
distance for providing off-site parking facilities, and for changes in use, a 'lease' has been
introduced as a connection option, in addition to unity of title and covenant in lieu of unity of title.
September 27. 2016:
The City Commission adopted the ordinance with the following modifications:
Sec. 130-36
Only properties located south of Fifth Street could provide parking within 1500 feet of the
property.
Sec. 130-132(c)
The following sentence was stricken and referred to the Land Use Committee for further
discussion:
No fee_in lieu of providing parking or the replacement of parking spaces pursuant to
section 130-36 shall be required to remove such spaces. unless the number of
parking spaces being removed is greater than the net reduction of required.parking
spaces.
ANALYSIS
Under Sec. 130-35 of the City Code, no existing required parking space may be eliminated for
any use, except as provided for within subsection 130-132(c). Under Sec. 130-132(c), an
existing required parking space may be removed or eliminated for any building that existed prior
to October 1, 1993, if such building is located within the architectural district, is a contributing
building within a local historic district, or is an individually designated historic building. A fee in
lieu of providing is required if replacement parking space is not provided on site.
Pursuant to the revised off-street parking ordinance adopted on September 27, 2016, required
parking spaces for a building in the architectural district or a local historic district constructed
after October 1, 1993, may now also be removed, if a change in said building results in a net
reduction of required parking spaces.
This amendment does not 'reduce' the number of required spaces, but does allow existing,
required spaces, to be removed, if the new use has a lesser parking requirement. Under the
amended Ordinance, if an application qualifies for the removal of parking spaces, and spaces
were proposed to be removed, a fee in lieu of parking is required for the revised number of
required spaces that are not provided.
The following sentence was stricken from the adopted ordinance, and is proposed to be re-
introduced:
No fee in lieu of providing parking or the replacement of parking spaces pursuant to
section 130-36 shall be required to remove such spaces, unless the number of
parking spaces being removed is greater than the net reduction of required parking
spaces.
The aforementioned sentence removes the requirement for providing replacement parking or an
impact fee for the removal of existing parking spaces, if the removed spaces are less than the
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spaces required for the previous, more intense use. This revision creates an incentive for a
reduction in density of a project, and would also reduce collateral congestion by reducing the
number of vehicles that could park at the site.
PLANNING BOARD REVIEW
On June 28, 2016, the Planning Board (by a 5-0 vote) transmitted the proposed ordinance
amendment to the City Commission with a favorable recommendation.
SUMMARY/ UPDATE
The subject Ordinance was approved at First Reading on November 9, 2016.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
FINANCIAL INFORMATION
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 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 a negative fiscal impact upon the City.
Legislative Tracking
Planning
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
0 2nd Read Ordinance- Form Approved
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