Ordinance 93-2882 ORDINANCE NO. 93-2882
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 7, "PARKING REGULATIONS",
AMENDING SUBSECTION 7-1, ENTITLED ',PARKING
DISTRICTS ESTABLISHED,' BY ADDING GENERAL
PROVISIONS WHICH ELIMINATE THE REQUIRED
PARKING FOR MAIN OR ACCESSORY USES ASSOCIATED
WITH EXISTING BUILDINGS LOCATED WITHIN THE
MIAMI BEACH ARCHITECTURAL DISTRICT OR A LOCAL
HISTORIC DISTRICT; AMENDING SUBSECTION 7-7,
ENTITLED ',PARKING IMPACT FEE PROGRAM', BY
AMENDING THE FEE AND THE PROCESS BY WHICH THE
FEE IS ESTABLISHED, CLARIFYING THE PAYMENT FOR
THE REMOVAL OF EXISTING PARKING SPACES, AND
PROHIBITING THE USE OF THE PARKING IMPACT FEE
TO SATISFY MORE THAN 50% OF THE REQUIRED
PARKING FOR NEW DEVELOPMENT; PROVIDING FOR
INCLUSION IN THE ZONING ORDINANCE; PROVIDING
FOR A REPEALER; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there is a need to increase parking impact fees for larger
projects in order to be commensurate with current costs associated
with the construction of parking facilities; and
WHEREAS, in order to encourage historic preservation, there should
no longer be parking requirements for existing buildings within the
Architectural District or a Local Historic District; and
WHEREAS, in order to alleviate anticipated parking shortages, new
commercial projects outside of the Architectural District or a
Local Historic District should provide at least one-half of the
required parking on-site or within 1200 linear feet; and
WHEREAS, based upon an on-going analysis of the City' s overall
parking needs, the City Administration recommends adoption of the
provisions set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Sub-Section 7-1, entitled "Parking Districts
Established" , of Section 7, "Parking Regulations" of Zoning
Ordinance No. 89-2665 is hereby amended as follows:
7-1 GENERAL PROVISIONS AND PARKING DISTRICTS ESTABLISHED
For the purpose of establishing Off-Street Parking
requirements, the City of Miami Beach shall be divided into
the following parking districts:
A. Parking District No. 1 - Parking District No. 1 is that
area not included in Parking District No. 2 .
B. Parking District No. 2 - Parking District No. 2 includes
those properties with a Lot Line on Lincoln Road from the
west side of Washington Avenue to the east side of Alton
Road.
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C. There shall be no Off-Street Parking requirement for Main
or Accessory Uses associated with existing Buildings
which are located within the Miami Beach Architectural
District or a Local Historic District. This provision
shall not apply to renovations and new additions to
existing Buildings which create or add floor area and to
new construction which has a parking requirement.
SECTION 2 . That Sub-Section 7-7 , entitled "Parking Impact Fee
Program" , of Section 7 , "Parking Regulations" of Zoning Ordinance
No. 89-2665, is hereby amended as follows:
7-7 PARKING IMPACT FEE PROGRAM
Where there is inadequate area available on-Site , or at a
location within 1200 feet of the Site, for providing some or
all of the parking spaces required by this Ordinance for a
given Use, the parking requirement may be fulfilled by payment
of an impact fee instead, as provided herein.
In no instance shall the substitution of an impact fee result
in the construction of a new residential Development which
provides less than one (1) parking space per unit and any
other type of new construction development which provides less
than fifty percent (50%) of the required parking.
New construction of commercial development and Residential
additions to existing buildings whether attached or detached
from the main structure within the Miami Beach Architectural
District or a Local Historic District may fully satisfy the
parking requirement by participation in the Parking Impact Fee
Program pursuant to Sub-Section 7-7 , A. 1 below.
A. Fee Calculation.
1. New Construction - The impact fee shall be
satisfied by a one-time payment at the time of
issuance of a Building Permit of $5000. $10, 000 per
space not provided, assessed as follows:
% of Fee No. of Required spaces not
per space provided
a. 50% 1-69 spaces
b. 60% 70-89 spaces
c. 70% 90-109 spaces
d. 80% 110-129 spaces
e. 90% 130-149 spaces
f. 100% 150 or more spaces
The or Such amount of said fee may be changed e-
- - in accordance with Section 7-7
A. 4 . 3 for ach Required arking space not provided.
2 . Existing Structures - When alteration or
rehabilitation of a Structure, results in an
increased parking demand requirement, regardless
of the value of the work, the impact fee shall be
satisfied by one of the following:
a. A one time payment as set forth in Subsection
7-7,A. 1 above, or
2
b. A yearly payment in the amount of 6% of the
payment required by Subsection 7-7,A. 1 which
shall continue as long as the Use exists.
(The amount of said payment may vary from year
to year in accordance with the determination
set forth in Subsection 7-7 ,A. 4 .3-. ) 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 7-7,A. 1; said amount shall be based
upon the latest determination made pursuant to
Subsection 7-7 ,A. 4 .4 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 the work was done, regardless
of the number of yearly payments made
previously. However, when New Floor Area is
added to the existing Building, the impact fee
shall be as set forth in Section 7-7, A-1
above.
3 . Removal of existing parking spaces - Whenever an
existing required parking space is removed or
eliminated for any Building outside the
Architectural District or a Local Historic District
or for newly constructed Buildings or additions
within the Architectural District or a Local
Historic District which received a building permit
after October 1, 1993 , a parking impact fee shall
be required if a replacement parking space is not
provided on site or within 1, 200 feet of the site.
Said fee shall be satisfied as set forth in Sub-
Section 7-7 , A. 2 above.
4 .3: The amount determined to be the City' s total
average cost for land acquisition and construction
of one parking space shall be determined by the
Board of Adjustment yearly and shall be based upon
data supplied by the various City departments
involved with said construction; the figure shall
- - -= = - = - . evaluated
yearly by the Planning and Zoning Director based
upon City of Miami Beach average real estate sale
prices and the U.S. Department of Commerce
Construction Price Index for South Florida. If
determined necessary, the fee structure shall be
amended in accordance with Section 14 , Changes and
Amendments of this Ordinance.
SECTION 3. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 4 . REPEALER. That all Ordinances or parts of
Ordinances in conflict herewith be and the same are herewith
repealed.
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.
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SECTION 6. EFFECTIVE DATE. This Ordi .nce shall take effect on
the 1st day of October, 1993 .
PASSED and ADOPTED this 20th d- of 0ctobi r
1993.
AP4A.....0 /1
MAYOR
ATTEST:
E
CITY CLERK
1st reading 10/6/93
2nd reading
MHF\Disk#3\PARKING0.93Aug3
FORM APPROVED
LEGAL DEPT.
By -3C7
Date Zai-C
4
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 5.- q-93
TO: Mayor Seymour Gelber and DATE: October 20, 1993
Members of the City Commission
FROM: Roger M. Carlton
City Manager
SUBJECT: AMENDMENT TO ZONING ORDINANCE NO. 89-2665 RELATIVE TO
AMENDING SECTION 7, PARKING REGULATIONS - SECOND READING
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission,upon holding a public hearing
and due consideration, adopt on second reading the proposed amendment to the Parking
Regulations section (Section 7) of Zoning Ordinance 89-2665
BACKGROUND
As part of an on-going analysis of the City's overall parking situation, the City Administration
has identified the need to further amend the Parking Regulations Section of the Zoning
Ordinance. The proposed Ordinance would eliminate the parking requirement for main or
accessory uses associated with existing buildings within the Miami Beach Architectural District
and Local Historic Districts.
The amendment would also change the Parking Impact Fee Program and the process by which
the fee is established. Furthermore, the amendment would also clarify the payment of impact
fees for the removal of existing parking spaces and prohibit the use of the Parking Impact Fee
to satisfy more than 50% of the required parking for new development other than residential
construction, outside of the Architectural District.
The Planning Board,at its meeting of August 3, 1993, voted 4-2 to recommend approval of the
proposed amendment to the Ordinance. The City Commission,at its meeting of October 6, 1993,
voted 6-0 to adopt on first reading, said Ordinance.
ANALYSIS
The attached Ordinance identifies the proposed new Sections of the Zoning Ordinance. The
underlined portions are those that would be added to the existing Ordinance and the struck
through portions are those that would be deleted. To assist in the review of the proposed
amendments, the following provides a brief explanation of each Sub-Section:
Sub- General Pages Explanation
Section Title
7-1C General
Provisions 1 New language eliminates the off-street parking
requirement for main or acces,:ory uses '.ssociated
with existing buildings which are located within
the Miami Beach Architectural District or a Local
Historic District. A change of use associated with
existing buildings would also not have a parking
requirement, regardless of whether or not said new
use creates a more intensive utilization of the
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AGENDA R_ 3 .1..<
ITEM
DATE _a1 -9
S
property. Any new construction or rehabilitation
that creates new floor area with a parking
requirement is not proposed to be included in this
provision and would be required to physically
provide parking or make a payment into the
Parking Impact Fee Program.
7-7 Parking
Impact Fee
Program 1,2 Clarifies the requirement for new residential
development that one parking space per unit must
be provided on-site or within 1200 linear feet and
the remaining parking requirement may be
satisfied through the Parking Impact Fee Program.
Any other type of development, including
commercial, retail, office etc., must provide at a
minimum 50% of the parking requirement on-site
or within 1200 linear feet of the site. Here again,
the remaining parking requirement could be
satisfied by participation in the Parking Impact
Fee Program.
The second paragraph to this section excludes the
Miami Beach Architectural District or a Local
Historic District from these provisions. In essence,
new construction of commercial development and
residential additions to existing buildings whether
attached or detached from the main structure
would be able to satisfy all of the parking
requirement by paying into the Parking Impact Fee
Program. Any new construction would not be
required to provide new off-street parking spaces
in conjunction with the new use.
7-7A Parking
Impact Fee
Calculation 2 This Sub-Section changes the base impact fce for
new construction from $5,000 to $10,000 for each
required parking space not provided with a sliding
percentage scale for projects having a parking
shortfall of less than 150 spaces. A new table
outlines the percentage of the fee per space as
determined by the number of required parking
spaces not provided. Fifty percent of the Parking
Impact Fee is assessed for new construction which
does not provide up to 69 of the required parking
spaces. All of the fee is assessed for new
development that does not provide 150 or more of
the required parking spaces.
For example, a new development is assessed a
parking requirement of 400 spaces and 375 spaces
are provided. The fee would be calculated at 50%
for the 25 spaces that are not provided or 25 x
$5,000 = $125,000. With the same scenario of 400
assessed required parking spaces, but only 200
spaces provided, the fee would be calculated at
100% for the 200 spaces that are not provided or
200 x $10,000 = $2 million.
The remaining change to the Section refers to a
new Sub-Section 7-7A.4 where the base fee may be
changed which is discussed later in this report.
7-7.A.3 Fee
Calculation- 3
Removal of
spaces Proposed new language that clarifies the removal
of existing required parking spaces for any
building outside of the Architectural District or a
Local Historic District would require a Parking
PB(disk #2):1157com.93 2
127
Y
Impact Fee be paid, unless a replacement parking
space is provided on-site or within 1200 linear feet
of the site. For newly constructed buildings or
additions within the Architectural District or a
Local Historic District which received a building
permit after October 1, 1993, a Parking Impact Fee
would also be assessed for the removal of required
parking spaces unless a replacement space is
provided on-site or within 1200 linear feet. The
fee would be satisfied as set forth in Sub-Section 7-
7A.2.
Since the parking requirement for existing
buildings in the Architectural District and the
Local Historic Districts is proposed to be
eliminated, these building could remove existing
required parking spaces without paying a Parking
Impact Fee. However, new construction that
creates new floor area would still be required to
pay the Parking Impact Fee as described in Sub-
Section 7-7.
7-7A.4 Fee
Determination 3
and Amendment New Language that places the initial determination
for the dollar amount to construct a parking space
within the jurisdiction of the Planning and Zoning
• Director. The evaluation would be on an annual
basis relying upon the City of Miami Beach
average real estate sale prices and the U.S.
Department of Commerce construction Price Index
for South Florida.
If determined necessary, a change in the fee
structure would be proposed as an amendment to
the Zoning. Ordinance and proceed through the
amendment process as prescribed by Section 14 of
said Ordinance. Presently, the Board of
Adjustment, in conjunction with data supplied by
various City Departments involved with said
construction, has the responsibility of determining
the cost on a yearly basis.
FISCAL IMPACT
A fiscal impact analysis on this amendment to the Parking Regulations Section of the Zoning
Ordinance was initially done on January 4, 1993 (see attached). As an update to that report,
the following information is provided. Said amendment would effectively eliminate Parking
Impact Fee Program payments in the Architectural District for existing buildings. Since this
program's participants are continuously changing due to business openings and closings, it is
impossible to ascertain the precise fiscal impact this amendment would have on the City.
Furthermore, as the economic revitalization of this area has continued to expand, the parking
impact fee revenues have grown commensurately.
Nonetheless, the following figures provide some insight into the loss of parking impact fee
revenues which would occur with the effective termination of this program for existing
buildings in the Architectural District. For purposes of analysis, accounts 201, 208, 210, 212
and 213 have been examined for the fiscal year just ending (see attachment 1). Total revenues
for this area, which approximates the boundaries of the District, were $382,944 excluding
interest earned on this and prior years' payments. Of this amount, $67,864 represented
payments for t;ew construction, leaving a total of $315,080 as yearly payments for existing
buildings.
If the Ordinance is adopted, the loss of revenue to the Parking Impact Fee Program accounts
in the Architectural District would be in the $300,000 range for FY 93/94, everything being
equal. The Administration believes that this loss will be substantially offset by increased
parking impact fees for new construction in the District, as well as by higher parking meter
rates already instituted for the area.
PB(disk #2):1157com.93 3
118
CONCLUSION
Staff of the Planning, Design and Historic Preservation Division had previously voiced its
concern relative to the removal of parking requirements for existing buildings in the
Architectural District and the Local Historic Districts, regardless of change in use. It was their
belief that there is a risk that some of the existing required parking space may be eliminated
over time, thereby, potentially exacerbating the parking problems in these areas. A similar
concern had also been expressed regarding new construction in these same areas to meet all of
its parking requirements through payment into the Parking Impact Fee Program, rather than
physically providing some or all of the required spaces.
Notwithstanding the above, the Administration and staff recognize the conflicting goals of
preserving the unique scale and character of the affected historic districts and the provision
of much needed parking for these areas. On balance, we have concluded that the historic
preservation goal must take precedence. The City Administration is confident that the Parking
Department is making real progress towards making available a significant number of new
parking spaces in the Architectural District, the primary area of concern. Creative
public/private partnerships in the development of new garages, the re-designing of existing
facilities and new public management techniques to use underutilized public parking spaces
are all moving forward to address the need for increased parking capacity in the South Beach
area. We also believe that negative fiscal impact will be offset by parking impact fees
generated for new construction, as well as the higher parking meter rates already established
in the District.
Accordingly,the Administration has concluded that the City Commission should adopt,on first
reading, these amendments to Zoning Ordinance No. 89-2665.
DJG:MHF:ml
cc: John Dellagloria, Chief Deputy City Attorney
11.9
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