Ordinance 94-2901 ORDINANCE NO. 94--2901
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE
NO. 89-2665 BY:
1. AMENDING SECTION 7 , "PARKING REGULATIONS", AMENDING
SUBSECTION 7-1, ENTITLED "PARKING DISTRICTS ESTABLISHED"
AMENDING THE BOUNDARY OF PARKING DISTRICT NO. 2 BY
INCLUDING THOSE PROPERTIES SOUTH OF 17TH STREET;
2 . AMENDING SUBSECTION 7-2 , ENTITLED "OFF-STREET PARKING
REQUIRED" BY MODIFYING THE PARKING REQUIREMENTS FOR
THEATERS LOCATED IN PARKING DISTRICT NO. 2 ;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Development, Design and
Historic Preservation Department has recommended the revisions to
the City' s Comprehensive Zoning Ordinance contained herein; and
WHEREAS, studies have shown that there is generally a
parking surplus in the Lincoln Road Mall area; and
WHEREAS, the City administration is trying to encourage
the development of theaters in the Lincoln Road Mall area; and
WHEREAS, the amendments set forth herein are necessary to
the welfare of the residents of the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 7-1, entitled "Parking Districts
Established" of Zoning Ordinance No. 89-2665, is hereby amended as
follows:
7-1 PARKING DISTRICTS ESTABLISHED
For the purpose of establishing Off-Street Parking
requirements, the City of Miami Beach shall be divided into
two 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 and those properties north of Lincoln Road and south
of Seventeenth Street from the west side of Washington
Avenue to the east side of Lenox Court.
SECTION 2 . That Subsection 7-2 , entitled "Off-Street Parking
Required" of Zoning Ordinance No. 89-2665, is hereby amended as
follows:
7-2 OFF-STREET PARKING REQUIRED
Except as otherwise provided in this Ordinance, when any
Building or Structure is erected or altered, accessory
Off-Street Parking Spaces shall be provided for the Building,
Structure or additional Floor Area as follows:
B. Parking District No. 2
1
There shall be no Off-Street Parking requirement for Uses
in this Parking District except for those listed below:
1. Apartment Building and Apartment-Hotel - 12 spaces
for each unit regardless of size or number of
bedrooms.
The parking requirement may be satisfied by
entering into a Development Agreement with the City
to provide for said parking through the
construction of facilities over City owned
properties (air rights) or by providing for
Off-Site Parking facilities in accordance with
Section 7-3 of this Ordinance.
2 . Adult Congregate Living Facility - 1 space for
every 2 beds.
3 . Offices - 1 space per 400 square feet of Floor
Area.
4 . Theaters - No requirement for the first 600 seats;
one (1) space for every additional eight (8) seats.
The parking requirement for this use may not be
satisfied through the Parking Impact Fee Program as
stated in Subsection 7-7 of this Ordinance. 1 space
per 4 scats.
5. Religious Institutions, Schools, Nursing Homes - As
per Section 7-2 ,A.
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.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on
the 29th day of January , 1994 .
PASSED and ADOPTED this 19th day ,f January
q
1994.
/ /
MAYOR
ATTEST:
CITY CLERK
1st reading 1/5/94
2nd reading 1/19/94
Underline = new language
Strike
out = deleted language
DJG/JGG
October 21, 1993
MIL/RISK.3/LRPMKIR.93
FORM APPROVED 2
LEGAL DEPT.
By
Date - 2 Pr" S3
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. 4-9(1
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission Jan. 19, 1994
FROM: Roger M. Carlton /
City Manager
SUBJECT:
AMENDMENTS TO ZONING ORDINANCE NO. 89-2665 AMENDING
SECTION 7, "PARKING REGULATIONS", PERTAINING TO AMENDING
THE BOUNDARY OF PARKING DISTRICT NO. 2 AND MODIFYING THE
PARKING REQUIREMENT FOR THEATERS LOCATED WITHIN PARKING
DISTRICT NO. 2 - SECOND READING
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon
holding a public hearing and due consideration, adopt on second
reading the attached Ordinance amending Zoning Ordinance 89-2665.
BACKGROUND
The City Commission is being asked to consider an amendment to the
current Zoning Ordinance' regarding the parking regulations for
theaters located within Parking District No. 2 within the vicinity
of Lincoln Road. A second amendment proposes the expansion of the
boundaries of Parking District No. 2 to include those properties
north of Lincoln Road and south of Seventeenth Street from the west
side of Washington Avenue to the east side of Lenox Court (see
attached map) .
The Planning Board, at its meeting of October 26, 1993 , voted 4-3
to recommend in favor of the proposed amendments. The City
Commission, at its meeting of January 5, 1994 , voted 7-0 to approve
this amendment, on first reading.
It is important to note that the Land Use and Development
Committee, at its meeting of January 10, 1994, voted to approve a
motion to limit the size of a theater to ten screens and/or no more
than 2 , 000 seats when the City proceeds with a Request for
Proposals (RFP) for the development of such a facility in this
area. The committee also endorsed a commitment by the City to
explore the possibility of a joint venture with Sun Bank to build
a 600 to 700-space parking garage on the lots west of the proposed
movie theater sites.
ANALYSIS
The proposed amendments are designed to encourage the development
of motion picture theaters within the Lincoln Road Mall area by
modifying the parking requirement for theaters to except the
requirement for the first 600 seats and require one (1) parking
space for every additional eight (8) seats over the 600 seat
threshold. The concept is that many potential theater patrons -is
would park in the existing lots or the garage serving Lincoln Road
AGENDA R
ITEM ` J
DATE / I 94/
and walk to the mall to attend a new theater or theaters.
Importantly, the parking requirement for theaters could not be
satisfied through participation in the Parking Impact Fee Program.
Recent parking studies prepared by the City's consultant for
Lincoln Road have confirmed that there is generally a surplus of
available public parking spaces in Parking District No. 2 .
Therefore, the proposed amendments constitute an efficient
mechanism to attract new theater development, which should help
foster supplementary economic growth to the surrounding Lincoln
Road Mall area without compromising the need to provide adequate
parking to serve this area.
By expanding Parking District No. 2 north to Seventeenth Street,
the existing at-grade municipal parking facilities immediately to
the north of Lincoln Road will become eligible as prime sites for
new theater development. As such, the City Administration is also
seeking authorization to proceed with a Request For Proposals (RFP)
to develop a multiple-screen cinema with up to 10 screens and/or
2000 seats. It is expected that the proposed revised parking
requirement would create a substantial inducement to entice this
sought-after development for the west end of Lincoln Road, while
not jeopardizing the provision of adequate parking for the area
generally. Nevertheless, the City will be exploring the
possibility of a joint venture with Sun Bank to develop a 600 to
700-space garage to the west of the proposed theater site.
CONCLUSION
The Administration has concluded that the proposed amendments are
necessary in order to encourage the development of theaters in the
Lincoln Road Mall area and that they would not be detrimental to
providing adequate parking for the area. It is recommended,
therefore, that these amendments to Zoning Ordinance No. 89-2665 be
adopted.
DJG:MHF:ml
cc: John Deliagioria, Chief Deputy City Attorney
a:PB/DISK#3/thterpkg.cm
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