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2017-4122 Ordinance 2017-4122 MULTI-FAMILY RESIDENTIAL PARKING ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," DIVISION II, "DISTRICTS; REQUIREMENTS," AT SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," BY ELIMINATING THE PARKING REQUIREMENTS FOR APARTMENT BUILDINGS ON LOTS THAT ARE 65 FEET IN WIDTH OR LESS, AND BY REDUCING THE PARKING REQUIREMENTS FOR APARTMENT BUILDINGS ON LOTS WIDER THAN 65 FEET; AND BY AMENDING SECTION 130-38, "MECHANICAL AND ROBOTIC PARKING SYSTEMS," BY ESTABLISHING CONDITIONS UNDER WHICH MECHANICAL PARKING IN APARTMENT BUILDINGS AND SINGLE FAMILY HOMES MAY BE REVIEWED AND APPROVED BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD AS APPLICABLE; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Chapter 130 of the Land Development Regulations of the City Code contains various provisions related to off-street parking; and WHEREAS, the City proposes to reduce requirements that mandate a minimum number of parking spaces for new housing Development, or to limit the amount of parking; and WHEREAS, there are locations with high-quality transit, which could incentivize public transportation, and as such, the City seeks reduce or eliminate parking requirements; and WHEREAS, excess parking results in more massive buildings, and the current parking requirements severely limit the amount of pervious landscaped areas that can be provided on a site; and WHEREAS, the proposed regulations would further facilitate new construction on small lots by reducing the parking requirements generally, and eliminating the parking requirements on the smallest of lots; and WHEREAS, these proposed regulations will not affect the general health, safety and welfare of the residents of the City; 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 II, "Districts; Requirements," Section 130-32, is hereby amended as follows: Sec. 130-32. - Off-street parking requirements for parking district no. 1. 1 Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows: (6) Apartment building and apartment-hotel: a. Apartment buildings in RM-1 or RM-2 zoning districts on lots that are 58 65 feet in width or less: 1.5 spaces per unit. There shall be no parking requirement, provided secure storage for alternative transportation such as scooters, bicycles, and motorcycles, is provided. c. Apartment buildings in RM-1 or RM-2 zoning districts on lots wider than 65 feet: 1 (one) space per unit for units between 550 and 1,600 square feet; 2.0 (two) spaces per unit for units above 1,600 square feet. b d Apartment buildings units in all other zoning districts: on lots wider than 60 feet: 1.5 spaces per unit for units between 550 and 999 square feet; 1.75 spaces per unit for units between 1,000 and 1,200 square feet; 2.0 spaces per unit for units above 1,200 square feet. s.e. Designated guest parking: Developments of 20 units or less shall have no designated guest parking requirements. Multi-family buildings and suites-hotels with more than 20 units shall be required to provide supplemental designated guest parking equal to ten percent of the required residential parking spaces. d-f_ For existing apartment and apartment-hotel buildings, which are classified as "contributing" are located within the Normandy Isles National Register District or the North Shore National Register District, and which are being substantially retained, preserved and restored, there shall be no parking requirement for the existing structure, and any addition up to a maximum of 2,500 square feet, whether attached or detached. The proposed addition to the existing structure shall be subject to the review and approval of the Design Review Board or Historic Preservation Board, whichever has jurisdiction, and shall include a renovation plan for the existing structure that is fully consistent with the Secretary of the Interior Guidelines and * * * SECTION 2. Chapter 130 of the City Code, entitled "Off-Street Parking," Article II, "Districts; Requirements," Section 130-38, is hereby amended as follows: Sec. 130-38. - Mechanical and robotic parking systems. (1) Definitions. (a) Mechanical parking means mechanical parking lifts, robotic parking systems, and/or vehicle elevators. 2 (b) Mechanical parking lift means an automated mechanism that lifts vehicles to make space available to park other vehicles below it in a vertical tandem fashion. (c) Robotic parking system means a mechanical garage using elevator systems to hoist individual vehicles from receiving areas to separate auto storage areas. (d) Vehicle elevator means an elevator used for motor vehicles in lieu of ramps within a parking structure. (2) Parking spaces to be used to satisfy accessory off-street parking requirements must conform to the provisions of article III "design standards" of this chapter, with respect to all-weather surface area, minimum parking space dimensions, drive width, interior aisle width, and required markings. Therefore, the use of mechanical parking devices, robotic parking systems and vehicle elevators to satisfy accessory off-street parking requirements shall not be permitted, except as hereinafter provided. (3) Exceptions to the mechanical parking prohibition may be considered by the planning board, pursuant to the conditional use process in chapter 118, article IV of the City Code, if the proposed project meets the following conditions: (a) Commercial main use parking garages on a separate lot. (i) Commercial main use parking garages, open to the public, may utilize mechanical parking devices, robotic parking systems and/or vehicle elevators, subject to all other provisions of section 130-68. (ii) Parking spaces within commercial main use parking garages utilizing mechanical parking may be used to satisfy off street parking requirements for residential or commercial uses required within the building by section 130-68 for the cladding of such garages, as may be required by the design review procedures. Notwithstanding the foregoing, any accessory commercial use within commercial main use parking garages utilizing mechanical parking shall not generate an off-street parking requirement in excess of 25 percent of the total number of spaces in the garage. (iii) Parking spaces within commercial main use parking garages utilizing mechanical parking, constructed on land: a. Located within a local historic district (except not within the Ocean Beach local historic district); and b. On land which was vacant as of October 17, 2008; and c. On land within 300 feet of a proposed new hotel development; May be used to satisfy off street parking requirements for the proposed new hotel units and the following hotel accessory uses: retail (at a maximum of 75 square feet per hotel unit), auditorium, ballroom, convention hall, gymnasium, spa, meeting rooms or other similar places of assembly (not including restaurants or alcoholic beverage establishments). However, in order to utilize mechanical parking to satisfy off street parking requirements for the foregoing uses, the following conditions must be satisfied: 1. At least one-half of all parking spaces within the commercial main use parking garage shall be reserved for use by the general public (not to be used for valet storage for offsite valet services); 2. Mechanical parking permitted under this subsection shall be for the sole purpose of new hotel development. For purposes of this subsection, new hotel development means newly constructed hotel 3 units and the following hotel accessory uses, provided that such hotel accessory uses are part of the same development project as the newly constructed hotel units: retail (at a maximum of 75 square feet per hotel unit), auditorium, ballroom, convention hall, gymnasium, spa, meeting rooms or other similar places of assembly (not including restaurants or alcoholic beverage establishments); 3. A restrictive covenant in a form acceptable to the city attorney committing the parking garage to providing parking for the related hotel property, and maintaining such hotel property as a hotel, for at least 30 years, subject to release by the planning board if such board determines that the restriction is no longer necessary, shall be recorded prior to the issuance of a full building permit; and 4. Suite hotel units, as defined by section 142-1105, cannot satisfy their off-street parking requirements by using mechanical parking. (iv) Except as described above in subsections 3(a)(ii) and (iii), mechanical parking system within main use parking garages, operating either as commercial garages open to the public, or, as private noncommercial garages, may not be used to satisfy off street parking requirements for uses on a separate lot. This provision may be waived through the procedures detailed in subsection (c), below. (b) Existing multifamily buildings. (i) Existing multifamily buildings with a deficiency of parking may utilize mechanical parking devices within the space of the existing parking structure area. All parking lifts shall be located within a fully enclosed parking garage and shall not be visible from exterior view. No outside parking lifts shall be permitted. (ii) The increased number of parking spaces as a result of mechanical parking under this provision shall not be used to satisfy any accessory off-street parking requirements. (c) Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements. (i) Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements shall prepare schematic floor plans prior to site plan review by the applicable land use board. Two sets of schematic floor plans shall be required: 1. One set of schematic plans sufficient to show the proposed development project with accessory and main use off-street parking requirements satisfied by traditional, nonmechanical means, meeting all aspects of the design standards for parking spaces required in article Ill of chapter 130, and other provisions of these land development regulations, and requiring no variances from these provisions; and 2. A second set of schematic plans, sufficient to show the same proposed development project, utilizing mechanical parking devices, 4 robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements. The first set of schematic plans shall be reviewed by planning department staff for zoning compliance prior to the site plan review hearing by the applicable land use board. This first set of schematic plans may include one level of below-grade parking spaces, provided such below grade spaces are within the confines of the subject development site and are not located below city property, adjacent private property that is not part of the development site or any rights-of-way. If it is determined that these schematic plans meet the requirements of the design standards of the city code, then the total number of parking spaces shown on the plans shall be noted. Henceforth, the project may proceed to site plan approval based on the second set of plans, using mechanical parking. However, if the first set of schematic plans includes below grade parking spaces, at least 50 percent of the number of below grade parking spaces shown in the first set of plans must be located below grade in the second set of plans utilizing mechanical parking. Further, the allowable residential density, and the intensity of the uses permitted for the proposed project, shall not exceed that which would have been permitted using the number of parking spaces noted on the first set of plans using traditional parking. No variances to these provisions shall be permitted. (4) The following exceptions to the mechanical parking prohibition may be considered by the design review board or historic preservation board, as applicable. (a) Apartment buildings with 20 apartment units or less may utilize mechanical lifts, in accordance with the review criteria of section 138-38(5), provided the parking area is accessed from a rear alley and secure storage for alternative transportation such as scooters, bicycles, and motorcycles is provided on site. (b) Single-family homes utilizing up to three (3) mechanical lifts may be approved by the design review board or historic preservation board, as applicable, in accordance with the applicable review criteria of Section 130-38(5). (4),01 As part of the conditional use, design review board, or historic preservation board review process for the use of mechanical parking devices, robotic parking systems and/or vehicle elevators under any of the provisions of this section, shall consider the following review criteria shall be evaluated when considering each application for the use of mechanical parking systems: (a) Whether the scale of the proposed structure is compatible with the existing urban character of the surrounding neighborhood; (b) Whether the proposed use of mechanical parking results in an improvement of design characteristics and compatibility with the surrounding neighborhood and has demonstrated to the planning board how the scale, mass, volume and height of the building are reduced by the use of mechanical parking; (c) Whether the proposed use of mechanical parking does not result in an increase in density or intensity over what could be constructed with conventional parking; 5 (d) Whether parking lifts or mechanisms are located inside, within a fully enclosed building, and not visible from exterior view; (e) In cases where mechanical parking lifts are used for self-parking in multifamily residential buildings; whether approval is conditioned upon the proper restrictive covenant being provided limiting the use of each lift to the same unit owner; (f) In cases where mechanical parking lifts are used for valet parking; whether approval is conditioned upon the proper restrictive covenant being provided stipulating that a valet service or operator must be provided for such parking for so long as the use continues; (g) Whether a traffic study has been provided that details the ingress, egress and circulation within the mechanical parking facility, and the technical and staffing requirements necessary to ensure that the proposed mechanical parking system does not cause excessive stacking, waiting, or backups onto the public right-of-way; (h) Whether a proposed operations plan, including hours of operation, number of employees, maintenance requirements, noise specifications, and emergency procedures, has been provided; (i) In cases where the proposed facility includes accessory uses in addition to the parking garage, whether the accessory uses are in proportion to the facility as a whole, and delivery of merchandise and removal of refuse, and any additional impacts upon the surrounding neighborhood created by the scale and intensity of the proposed accessory uses, are adequately addressed; (j) Whether the proximity of the proposed facility to similar size structures and to residential uses creates adverse impacts and how such impacts are mitigated; (k) Whether a cumulative effect from the proposed facility with adjacent and nearby structures arises, and how such cumulative effect will be addressed; (5) Mechanical parking devices, robotic parking systems and/or vehicle elevators must also satisfy the following conditions: (a) The noise or vibration from the operation of mechanical parking lifts, car elevators, or robotic parking systems shall not be plainly audible to or felt by any individual standing outside an apartment or hotel unit at any adjacent or nearby property. In addition, noise and vibration barriers shall be utilized to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage; (b) For mechanical lifts, the parking lift platform must be fully load-bearing, and must be sealed and of a sufficient width and length to prevent dripping liquids or debris onto the vehicle below; (c) All free-standing mechanical parking lifts must be designed so that power is required to lift the car, but that no power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outage; robotic garages and vehicle elevators must have backup generators sufficient to power the system; (d) All mechanical lifts must be designed to prevent lowering of the lift when a vehicle is parked below the lift; 6 (e) The ceiling heights of any parking level with parking lifts within the parking garage shall be a minimum of 11 feet by six inches; (f) All mechanical parking systems, including lifts, elevators and robotic systems, must be inspected and certified as safe and in good working order by a licensed mechanical engineer at least once per year and the findings of the inspection shall be summarized in a report signed by the same licensed mechanical engineer or firm. Such report shall be furnished to the planning director and the building official; and (g) All parking lifts shall be maintained and kept in good working order. (6) The proposed use of mechanical parking systems, including mechanical parking lifts, robotic parking systems or vehicular elevators, for any type of development or improvement, including, but not limited to, vehicle storage, whether proposed under the provisions of section 130-38, or any other section of the City Code, shall require compliance with the provisions of subsections 130-38(4) and 130-38(5), and, with the exception of mechanical parking used to provide parking on a property containing less than 20 units, shall require the review and approval of the planning board, pursuant to the conditional use process in chapter 118, article IV of the Code. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 4. 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 5. 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 04 day of /4( , 201 Philip Levine Mayor 7 ATTEST: Rafael E. Gr nado 1 ` i City Clerk a� ��� B�—I APPROVED AS TO <`(-... FORM 8( LANGUAGE `S_•• e,„----- `. & FO XE UTION Underline denotes additions .g ---... 4, , J- 2,5- Sig denotes deletions ° * :' INCORP ORATED: / .1-. :', 2, Cfly Attorney / Dote First Reading: June 7, 2017 7;••••• j Crj _ 0 Second Reading: July 26, 2017 ��Ip/(;H 26 - , Verified By: Thomas R. Moon , AICP Planning Director T:\AGENDA\2017\6-June\Planning\Multi-Family Residential Parking-First Reading ORD.docx 8 Ordinances - R5 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 26, 2017 10:45 a.m. Second Reading Public Hearing SUBJECT: MULTI-FAMILY RESIDENTIAL PARKING: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," DIVISION II, "DISTRICTS; REQUIREMENTS," AT SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," BY ELIMINATING THE PARKING REQUIREMENTS FOR APARTMENT BUILDINGS ON LOTS THAT ARE 65 FEET IN WIDTH OR LESS, AND BY REDUCING THE PARKING REQUIREMENTS FOR APARTMENT BUILDINGS ON LOTS WIDER THAN 65 FEET; AND BY AMENDING SECTION 130-38, "MECHANICAL AND ROBOTIC PARKING SYSTEMS," BY ESTABLISHING CONDITIONS UNDER WHICH MECHANICAL PARKING IN APARTMENT BUILDINGS AND SINGLE FAMILY HOMES MAY BE REVIEWED AND APPROVED BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD AS APPLICABLE; PROVIDING CODIFICATION; REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. ANALYSIS BACKGROUND After several months of discussion and review, on January 17, 2017, the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise discussed the attached ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 8, 2017, the City Commission referred the proposed Ordinance amendment to the Land Use and Development Committee and the Planning Board. On February 15, 2017, the Land Use and Development Committee discussed the proposed ordinance and continued the discussion to the March 8,2017 meeting. On March 8, 2017, the Land Use and Development Committee discussed the proposed ordinance and continued the discussion to the April 19, 2017 meeting. On April 19, 2017, the Land Use and Development Committee recommended that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation. PLANNING ANALYSIS The proposed ordinance amendments were vetted by the Mayor's Blue Ribbon Panel on Flooding and Sea Level Page 1334 of 2495 Rise. The recommended code amendments are the result of numerous meetings in which the panel focused on changes needed to ensure the resiliency of new construction and properties located in the RM-1 and RM-2 districts. The proposed code amendments address resiliency and sustainability efforts, as well as complement our ongoing public investments in sea level rise risk reduction. The following is a summary of the existing regulations along with the modifications as revised and recommended by the Land Use and Development Committee: 1.Parking requirements Currently the City code requires between 1.5 to 2.0 parking spaces per residential unit as outlined below. As proposed, no parking would be required on lots that are less than 65 feet in width,and the range of parking spaces required for larger properties is outlined below. On small lots it can be difficult to provide parking, and may overly restrict the redevelopment of small single lots. Development on small lots allows strategic infill rather than more extensive demolition and larger new construction. Such smaller scale construction is often more pedestrian oriented for the neighborhood. Current Regulations Proposed Regulations 6.Parking Zero for lots<=65 feet in width 1.5/unit(550-999 SF) 1 /unit(550-1600 SF) 1.75/unit(1000-1200 SF) 2/unit(>1200 SF) 2/unit(>1600 SF) Recently the City of Miami adopted code modifications to the Little Havana area to eliminate the parking requirements for buildings that are under 10,000 SF and located near public transit.The market will dictate need. 2.Mechanical parking Lastly,for small residential buildings of less than 20 units,the proposed ordinance would allow the DRB or HPB to review and approve mechanical parking. Currently, any mechanical parking, regardless of the size of development, requires the review and the approval of the Planning Board. Current Regulations Proposed Regulations 7. Mechanical Parking Conditional Use approval required May be approved by the Design from Planning Board regardless of Review Board or Hstoric project size Preservation Board for buildings with<20 units As proposed, the ordinance would also allow the Design Review Board or Historic Preservation Board to review and approve mechanical parking for up to three(3)mechanical lifts in single family homes. PLANNING BOARD REVIEW On May 23, 2017, the Planning Board transmitted the proposed Ordinance Amendments to the City Commission, with a favorable recommendation. The Planning Board also recommended the following modification: 1. Reduce parking requirement to one(1)space per unit regardless of unit size. SUMMARY/UPDATE On June 7, 2017 the City Commission approved the subject Ordinance at First Reading, as originally drafted and without the parking space reduction suggested by the Planning Board. CONCLUSION Page 1335 of 2495 The Administration recommends that The City Commission adopt the Ordinance. Legislative Tracking Planning Sponsor Commissioners John Elizabeth Aleman and Joy Malakoff ATTACHMENTS: Description ❑ Ordinance Page 1336 of 2495