2017-4097 Ordinance PARKING DISTRICT NO. 4 AMENDMENTS
ORDINANCE NO. 2017-4097
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND
DEVELOPMENT REGULATIONS, ENTITLED "OFF-STREET PARKING,"
ARTICLE II "DISTRICTS; REQUIREMENTS," TO ALLOW OFF-STREET
PARKING TO BE PROVIDED IN PARKING DISTRICT NO. 4 FOR USES THAT
DO NOT HAVE REQUIRED PARKING, WHICH ADDITIONAL PARKING
SHALL NOT COUNT TOWARDS THE CALCULATION OF FLOOR AREA
RATIO FOR A STRUCTURE WITH SUCH USES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; 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, there is generally a shortage of available parking spaces in the North Beach
area of the City; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the North Beach area; and
WHEREAS, Parking District No. 4 is the parking district that covers most of North
Beach; and
WHEREAS, the City of Miami Beach desires to allow new construction to provide
parking for uses that do not have required parking in Parking District No. 4 without penalizing
the builder of the parking spaces by allowing said parking spaces to not count towards the
calculation of the floor area ratio; and
WHEREAS, additional provided parking in the North Beach area will improve the overall
economic viability of the North Beach 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. That Chapter 130, Article II entitled "Districts; Requirements", is hereby amended
as follows:
* * *
Sec. 130-33. - Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7.
(a) Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3, 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:
(8) Any building or structure erected in parking district no. 4 may provide required
parking on site as specified in parking district no. 1. Such required parking, if
provided, shall be exempt from FAR, in accordance with the regulations specified
in chapter 114 of these land development regulations.
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 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /7 day of /''/Ay , 2017. "
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First Reading: April 26, 2017
Second Readi► •: May 1 2017
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Verified by: 11
Th•mas Mooney, AIC'
Planning Director
T:\AGENDA\2017\4-April\Planning\PARKING DISTRICT 4-First Reading ORD.docx
Ordinances - R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 17, 2017
10:40 a.m. Second Reading Public Hearing
SUBJECT: PARKING DISTRICT NO. 4AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND
DEVELOPMENT REGULATIONS, ENTITLED "OFF-STREET PARKING,"
ARTICLE II "DISTRICTS; REQUIREMENTS," TO ALLOW OFF-STREET
PARKING TO BE PROVIDED IN PARKING DISTRICT NO. 4 FOR USES
THAT DO NOT HAVE REQUIRED PARKING, WHICH ADDITIONAL
PARKING SHALL NOT COUNT TOWARDS THE CALCULATION OF FLOOR
AREA RATIO FOR A STRUCTURE WITH SUCH USES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On February 8, 2017, at the request of Commissioner Joy Malakoff, the City Commission
referred the subject ordinance to the Land Use and Development Committee for discussion
and recommendation (item 040).
On February 15, 2017, the Land Use Committee discussed the proposal and recommended
that the City Commission refer the Ordinance to the Planning Board (item C4F). On March 1,
2017, the City Commission referred the proposed ordinance to the Planning Board.
PLANNING ANALYSIS
The proposed draft ordinance would amend Chapter 130 of the Land Development
Regulations of the City Code (Off-Street Parking) to allow a property owner located in Parking
District No. 4 to provide required parking for uses that normally would not require parking, such
as retail for example. This is the same provision that was applied to the Washington Avenue
Overlay District and will help ensure that there is sufficient operational parking to service new
retail and restaurant uses within Parking District 4.
PLANNING BOARD REVIEW
On March 28, 2017, the Planning Board transmitted the proposed Ordinance Amendment to
Page 498 of 878
the City Commission, with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on April 26, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
D Form Approved Ord - PD 4
Page 499 of 878