Ordinance 2018-4160BELOW GRADE PARKING — MINIMUM REQUIREMENTS AND
CRITERIA
ORDINANCE NO, 2018 -4160
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130,
"OFF- STREET PARKING," ARTICLE III, "DESIGN STANDARDS,"
BY CREATING BELOW GRADE OFF - STREET PARKING CRITERIA
AT SECTION 130 -60, ENTITLED "CRITERIA FOR BELOW GRADE
OFF - STREET PARKING;" BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS,"
TO MODIFY THE MINIMUM SETBACK REQUIREMENTS FOR
SUBTERRANEAN LEVELS IN CERTAIN ZONING DISTRICTS;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Comprehensive Plan (hereinafter
"Comprehensive Plan "), Future Land Use Element, at Policy 3.6 requires that the City
"[m]aximize unpaved landscape to allow for more storm water infiltration. Encourage
planting of vegetation that is highly water absorbent, can withstand the marine
environment, and the impacts of tropical storm winds. Encourage development
measures that include innovative climate adaption and mitigation designs with creative
co- benefits where possible;" and
WHEREAS, the Comprehensive Plan, Conservation /Coastal Zone Management
Element, at Policy 2.12 provides that "[s]alt tolerant landscaping and highly water -
absorbent, native or Florida friendly plants shall continue to be given preference over
other planting materials in the plant materials list used in the administration of the
landscape section of the Land Development Regulations and the design review
process ;" and
WHEREAS, the Comprehensive Plan, Conservation /Coastal Zone Management
Element, at Objective 13 provides policies to "[i]ncrease the City's resiliency to the
impacts of climate change and rising sea levels by developing and implementing
adaptation strategies and measures in order to protect human life, natural systems and
resources and adapt public infrastructure, services, and public and private property;"
and
WHEREAS, the Comprehensive Plan designates the entire City as an
"Adaptation Action Area" (AAA) containing one or more areas that experience coastal
flooding due to extreme high tides and storm surge, and that are vulnerable to the
related impacts of rising sea levels for the purpose of prioritizing funding for
infrastructure and adaptation planning; and
Page 1 of 14
WHEREAS, the Comprehensive Plan, Conservation /Coastal Zone Management
Element, at Policy 13.4 states that "the City will develop and implement adaptation
strategies for areas vulnerable to coastal flooding, tidal events, storm surge, flash
floods, stormwater runoff, salt water intrusion and other impacts related to climate
change or exacerbated by sea level rise, with the intent to increase the community's
comprehensive adaptability and resiliency capacities."
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 130, "Off - Street Parking ", Article III, "Design Standards," is
amended, as follows:
CHAPTER 130
OFF - STREET, PARKING
ARTICLE III - DESIGN STANDARDS
Sec. 130 -60. — Criteria for below grade off- street parking.
All off - street parking, whether required parking or not, located below current sidewalk
grade, including, but not limited to, below grade, basement or subterranean parking,
shall comply with the following:
a. Ramping and access to all below grade parking levels from adjacent streets and
rights -of -way shall be provided within the confines of the property. No ramps shall
encroach into the public right -of -way. Additionally, the design and dimensions of all
proposed ramping and access to below grade parking levels shall be able to
accommodate a minimum future elevation of 3.7 NAVD for adjacent and abutting
public sidewalks, streets and public right -of -ways.
b. The minimum setback requirements for all below grade parking levels shall meet the
applicable pedestal setback requirements within the underlying zoning district.
c. All below grade floors shall include excess water pumping capability, in a manner
consistent with the Public Works Manual, as may be amended.
d. For properties containing a "contributing" building, and located within a Local Historic
District or Designated Historic Site, the Historic Preservation Board shall have the
ability to waive the applicable pedestal setback requirements for below grade
parking levels, in accordance with the Certificate of Appropriateness criteria in
Chapter 118, Article X.
SECTION 2. Chapter 142, entitled "Zoning Districts and Regulations," of the Code of
the City of Miami Beach, Florida is hereby amended as follows:
Page 2 of 14
Chapter 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. - DISTRICT REGULATIONS
* * *
DIVISION 3. - RESIDENTIAL MULTIFAMILY DISTRICT
* * *
Subdivision II. - RM -1 Residential Multifamily Low Intensity
* * *
Sec. 142 -156. - Setback requirements.
(a) The setback requirements for the RM -1 residential multifamily, low density
district are as follows:
Page 3 of 14
Front
Side,
Interior
Side, Facing
a Street
Rear
At -grade parking
lot on the same
lot except where
(c) below is
applicable
20 feet
Five (5) feet, or
five percent (5 %)
of lot width,
whichever is
greater
Five (5) feet
'
or five percent
(5 /o) of lot
width,
whichever is
greater
Non - oceanfront
lots —five (5)
feet
Oceanfront
Tots -50 feet
from bulkhead
line
Subterrancan
20 feet
5 feet, 5%
feet, lot
5 feet, 5%
Non oceanfront
lots-- 0-feet
OceanT f
or of
,n �n, 5% of
or
of lot width,
is ' fcet if
whichever is
lots 50 feet
greater (0
lot is 50 fcct
greater
l
frnr„ i h� ____ !
line
-width
or -less)
Subterranean
20 feet
Except lots A and 1—
30 of the Amended
Plat Indian Beach
Corporation
Sum of the side
yards shall equal
16% of lot width
Minimum -7.5
feet or eight
Sum of the
side yards
shall equal
16% of lot
width
Non - oceanfront
lots -10% of
lot depth
Oceanfront
lots -20% of
and Pedestal
Page 3 of 14
Subdivision IV. - RM -2 Residential Multifamily, Medium Intensity
Sec. 142 -218. - Setback requirements,
(a) The setback requirements in the RM -2 residential multifamily, medium intensity
district are as follows:
Front
Side,
Interior
Side, Facing
a Street
At- grade
parking lot on
the same lot
except where
(b) below is
applicable
Five (5) feet, or
five percent (5 %)
20 feet of lot width,
whichever is
greater
Page 4 of 14
Five (5) feet,
or five
percent (5 %)
of lot width,
whichever is
Rear
Non -
oceanfront
lots —Five (5)
feet
Oceanfront
lots -50 feet
Subdivision and lots
231 -237 of the
Amended Plat of First
Ocean Front
Subdivision -50 feet
percent (8 %) of IotMinimum
width, whichever
is greater
-7.5
feet or eight
percent (8 %)
of lot width,
whichever is
greater
lot depth, 50
feet from the
bulkhead line
whichever is
greater
20 feet + one (1) foot
for every one (1) foot
increase in height
Sum of the
Non - oceanfront
above 50 feet, to a
The required
side yards
lots -15% of
maximum of 50 feet,
then shall remain
pedestal setback
plus 040 10% of
shall equal
16% of the lot
lot depth
Oceanfront
constant.
Except lots A
the height of the
width
lots -25% of
Tower
and 1—
tower portion of
Minimum -7.5
lot depth, 75
30 of the Amended
the building. The
feet or eight
feet minimum
Plat Indian Beach
total required
percent (8 %)
from the
Corporation
Subdivision and lots
setback shall not
exceed 50 feet
of lot width,
whichever is
bulkhead line
whichever is
231 -237 of the
Amended Plat of First
greater
greater
Ocean Front
Subdivision -50 feet
Subdivision IV. - RM -2 Residential Multifamily, Medium Intensity
Sec. 142 -218. - Setback requirements,
(a) The setback requirements in the RM -2 residential multifamily, medium intensity
district are as follows:
Front
Side,
Interior
Side, Facing
a Street
At- grade
parking lot on
the same lot
except where
(b) below is
applicable
Five (5) feet, or
five percent (5 %)
20 feet of lot width,
whichever is
greater
Page 4 of 14
Five (5) feet,
or five
percent (5 %)
of lot width,
whichever is
Rear
Non -
oceanfront
lots —Five (5)
feet
Oceanfront
lots -50 feet
C� h +orrono9v�
�
20 feet
greater
5 feet, 5%
from bulkhead
line
5feet, or5 %of-
oceanfront
lots 0 feet
lot width,
whichever is
or
lot
>t
(0 feet if
of width,
whichever is
lots 50 feet
greater.
lot is 50
greater
from bulkhead
width
feet le-s)
line
or
Subterranean
20 feet
Except lots A and
1 -30 of the
Amended Plat
Indian Beach
Corporation
Subdivision and lots
231 -237 of the
Amended Plat of
First Ocean Front
Subdivision -50
feet
Sum of the side
yards shall equal
16% of lot width
Minimum -7.5
feet or eight
percent (8 %) of
lot width,
whichever is
greater
Sum of the
side yards
shall equal
16 /o of lot
width
Minimum —
7.5 feet or
eight percent
(8 %) of lot
Width,
whichever is
greater
Non -
oceanfront
lots -10% of
lot depth
Oceanfront
lots -20% of
lot depth, 50
feet from the
bulkhead line
whichever is
greater
and Pedestal
Tower
20 feet + one (1)
foot for every one
(1) foot increase in
height above 50
feet, to a maximum
of 50 feet, then shall
remain constant.
Except lots A and
1 -30 of the
Amended Plat
Indian Beach
Corporation
Subdivision and lots
231 -237 of the
Amended Plat of
First Ocean Front
Same as
pedestal for
structures with a
total height of 60
feet or less.
The required
pedestal setback
plus 0,1-0 10% of
Sum of the
side yards
shall equal
16% of the lot
width
Minimum—
7.5 feet or
eight percent
(8 %) of lot
width,
whichever is
greater
Non -
oceanfront
lots -15% of
lot depth
Oceanfront
lots -25% of
lot depth, 75
feet minimum
from the
bulkhead line
whichever is
greater
the height of the
tower portion of
the building. The
total required
setback shall not
exceed 50 feet
Page 5 of 14
Subdivision -50
feet
(b) In cases where the city commission approves after public hearing a public - private
parking agreement for a neighborhood based upon an approved street improvement
plan, the minimum front yard setback for parking subject to the agreement shall be zero
feet. The street improvement plan must be approved by the design review board if
outside an historic district, or the historic preservation board if inside an historic district.
Subdivision V. - RM -3 Residential Multifamily, High Intensity
Sec. 142 -247. - Setback requirements.
(a) The setback requirements for the RM -3 residential multifamily, high intensity
district are as follows:
Page 6 of 14
Front
Side,
Interior
Side, Facing
a Street
Rear
At -grade
parking lot on
the same lot
20 feet
Five (5) feet, or
five percent (5 %)
of lot width,
whichever is
greater
Five (5) feet,
or five percent
(5 %) of lot
width,
whichever is
greater
Non - oceanfront
lots —Five (5)
feet
Oceanfront
lots -50 feet
from bulkhead
line
Subterran - n
20 feet
5 feet, or 5% lot
5 feet, 5%
Non oceanfront
lots 0 feet
of
'
width whichever is
or
of lot
n^
feet if
width,
whichever is
nt
lots 50 feet
greater. (0
lot width is 50 feet
mater
head
e
or less}
Subterranean
20 feet
Except lots A and 1—
30 of the Amended
Plat Indian Beach
Corporation
Subdivision and lots
231 -237 of the
Amended Plat of First
Sum of the side
yards shall equal
16% of lot width
Minimum -7.5 feet
or percent
(8 /o) of lot width,
whichever is
Sum of the
side yards
shall equal
16% of lot
width
Minimum -7.5
feet or eight
percent (8 %)
Non - oceanfront
lots -10% of lot
depth
Oceanfront
lots -20% of lot
depth, 50 feet
from the
bulkhead line
and Pedestal
Page 6 of 14
DIVISION 4. – CD -1 COMMERCIAL, LOW INTENSITY DISTRICT
Sec. 142 -277. - Setback requirements.
(a) The setback requirements for the CD -1 commercial, low intensity district are as
follows:
Ocean Front
Subdivision -50 feet
greater
of lot width,
whichever is
greater
whichever is
greater
Tower
20 feet + one (1) foot
for every one (1) foot
increase in height
above 50 feet, to a
maximum of 50 feet,
then shall remain
constant.
constant.
Except lots A and 1—
30 of the Amended
Plat Indian Beach
Corporation
Subdivision and Tots
231 -237 of the
Amended Plat of First
Ocean Front
Subdivision -50 feet
The required
pedestal setback
plus 0.1 -010 %0 of
Sum of the
side yards
shall equal
16% of the lot
width
Minimum -7.5
feet or eight
percent (8 %)
of lot width
whichever is
greater
Non-oceanfront of lot
of lot
lots-15% depth
de t p
Oceanfront
lots -25 %o of lot
depth, 75 feet
minimum from
the bulkhead
line whichever
is greater
the height of the
tower portion of
the building. The
total required
setback shall not
exceed 50 feet
DIVISION 4. – CD -1 COMMERCIAL, LOW INTENSITY DISTRICT
Sec. 142 -277. - Setback requirements.
(a) The setback requirements for the CD -1 commercial, low intensity district are as
follows:
Page 7 of 14
Front
Side,
Interior
Side, Facing
a Street
Rear
At -grade
parking lot on
the same lot
Five (5) feet
Five (5) feet
Five (5) feet
Five (5) feet
If abutting an
alley —zero (0) feet
Subtcrrancan
0-feet
0-feet
0-feet
0-feet
Subterranean,
Zero (0) feet
Residential uses
shall follow the RM-
1, 2, 3 setbacks
10 feet when
abutting a
residential
district,
10 feet when
abutting a
residential
district, unless
Five (5) feet
10 feet when
abutting a
residential district
Pedestal and
tower
(non -
Page 7 of 14
oceanfront)
(See sections 142-
156, 142 -218 and
142 -247)
otherwise
none
Residential
uses shall
follow the RM-
1, 2, 3
setbacks
(See sections
142 -156, 142-
218 and 142-
247)
separated by a
street or
waterway
otherwise none
Residential uses
shall follow the
RM -1, 2, 3
setbacks
(See sections
142 -156, 142-
218 and 142-
247)
unless separated
by a street or
waterway in which
case it shall be
zero (0) feet.
Residential uses
shall follow the RM-
1, 2, 3 setbacks
(See sections 142-
156, 142 -218 and
142 -247)
Subterranean,
Pedestal -15 feet
Tower -20 feet +
one (1) foot for
every one (1) foot
increase in height
above 50 feet, to a
maximum of 50 feet,
then shall remain
constant.
Residential uses
shall follow the RM-
1, 2, 3 setbacks
(See sections 142-
156, 142 -218 and
142 -247)
Commercial
uses -10 feet
Residential
uses shall
follow the RM-
1, 2, 3
setbacks
(See sections
142 -156, 142-
218 and 142-
247)
Commercial
uses -10 feet
Residential uses
shall follow the
RM -1, 2 3
setbacks
(See sections
142 -156, 142-
218 24nd)142-
25% of lot depth,
75 feet minimum
from the bulkhead
line whichever is
greater
Residential uses
shall follow the RM-
1, 2, 3 setbacks
(See sections 142-
156, 142 -218 and
142 -247)
Pedestal and
tower
(oceanfront)
DIVISION 5. - CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
*
Sec. 142 -307. - Setback requirements.
(a) The setback requirements for the CD -2 commercial, medium intensity district are as
follows:
Front
Side, Side, Facing
Interior a Street
Rear
Page 8 of 14
At -grade
parking lot on
the same lot
Five (5)
feet
Subterranean &feet
Subterranean,
Pedestal and
tower
(non -
oceanfront)
Subterranean,
Pedestal and
tower
(oceanfront)
Zero (0)
feet
Residential
uses shall
follow the
RM -1, 2, 3
setbacks
(See
sections
142 -156,
142 -218
and 142-
247)
Five (5)
feet
0-eet
10 feet
when
abutting a
residential
district,
otherwise
none
Residential
uses shall
follow the
RM -1, 2, 3
setbacks
(See
sections
142 -156,
142 -218
and 142 -
247)
Pedestal -15
feet
Tower -20 feet +
1 foot for every 1
foot increase in
height above 50
feet, to a
maximum of 50
feet, then shall
remain constant.
Residential uses
shall follow the
RM -1, 2, 3
setbacks
Five (5) feet
0-feet
10 feet when
abutting a
residential district,
unless separated
by a street or
waterway
otherwise none
Residential uses
shall follow the
RM -1, 2, 3
setbacks
(See sections
142 -156, 142 -218
and 142 -247)
Commercial
uses -10
feet
Residential
uses shall
follow the
RM -1, 2, 3
setbacks
(See
sections
142 -156,
142 -218 and
142 -247)
Five (5) feet
If abutting an
alley —zero (0)
feet
0feet
Five (5) feet
10 feet when
abutting a
residential district
unless separated
by a street or
waterway in which
case it shall be
zero (0) feet.
Residential uses
shall follow the
RM -1, 2, 3
setbacks
(See sections
142 -156, 142 -218
and 142 -247)
Commercial uses -
10 feet
Residential uses
shall follow the RM-
1, 2, 3 setbacks
(See sections 142-
156, 142 -218 and
142 -247)
Page 9 of 14
25% of lot depth, 75
feet minimum from
the bulkhead line
whichever is greater
Residential uses
shall follow the RM-
1, 2, 3 setbacks
(See sections 142-
156, 142 -218 and
142 -247)
(See sections
142 -156, 142-
218 and 142-
247)
DIVISION 6. - CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT
Sec. 142-338. - Setback requirements.
(a) The setback requirements for the CD -3 commercial, high intensity district are as
follows:
J
Page 10 of 14
Front
Side,
Interior
Side, Facing
a Street
Rear
At -grade
parking lot on
the same lot
Five (5) feet
Five (5) feet
Five (5) feet
Five (5) feet
If abutting an alley —
zero (0) feet
Subterrancan
0 feet
0-feet
0 -feet
0 -feet
Subterranean,
Zero (0) feet
Residential uses
shall follow the RM-
1, 2, 3 setbacks
(See sections 142-
156, 142 -218 and
142 -247)
10 feet when
abutting a
residential
district,
otherwise
none
Residential
uses shall
follow the
RM -1, 2, 3
setbacks
(See sections
142 -156, 142-
218 and 142-
247)
10 feet when
abutting a
residential
district, unless
separated by a
street or
waterway
otherwise none
Residential
uses shall
follow the RM-
1 2, 3 setbacks
(See sections
142 -156, 142-
218 and 142-
247)
Five (5) feet
10 feet when
abutting a residential
district unless
separated by a street
or waterway in which
case it shall be zero
(0) feet. Residential
uses shall follow the
RM -1, 2, 3 setbacks
(See sections 142 -
156, 142 -218 and
142 -247)
Pedestal and
tower
non-
(non-
oceanfront)
Subterranean,
Pedestal -15 feet
Tower -20 feet +
Commercial
uses -10 feet
Commercial
uses-10 feet
25% of lot depth, 75
feet minimum from
Pedestal and
Page 10 of 14
tower
(oceanfront)
one (1) foot for
every one (1) foot
increase in height
above 50 feet, to a
maximum of 50
Residential
uses shall
follow the
RM -1, 2, 3
setbacks
Residential
uses shall
follow the RM-
1, 2, 3 setbacks
(See sections
the bulkhead line
whichever is greater
Residential uses
shall follow the RM-
1, 2, 3 setbacks
At -grade
parking lot on
the same lot
feet, then shall
(See sections
142 -156, 142-
(See sections 142 -
Subterranean
remain constant.
142 -156, 142-
218 and 142-
156, 142 -218 and
20 feet
Residential uses
shall follow the RM-
218 and 142-
247)
247)
142 -247)
1, 2, 3 setbacks
(See sections 142-
156, 142 -218 and
142 -247)
DIVISION 14. - RO RESIDENTIAL /OFFICE DISTRICT
Subdivision IV. - RO -3 Residential /Office Medium Intensity
Sec. 142 -599. - Setback requirements.
(a) The setback requirements for the RO -3 residential /office medium intensity
district are as follows:
Page 11 of 14
Front
Side, Interior
Side, Facing a
Street
Rear
At -grade
parking lot on
the same lot
20 feet
Five (5) feet, or
five percent
(5 %) of lot
width,
whichever is
greater
Five (5) feet, or
five percent
(5 %) of lot
width,
whichever is
greater
Non- oceanfront
lots— five (5)
feet Oceanfront
lots -50 feet
from bulkhead
line
Subterranean
5 feet, or 5% of
let-widlth-,
whichever is
5 -feet, or 5% of
No+n- oceanfront
lots 0 feet
20 feet
lot width,
whichever is
Sit
Page 11 of 14
DIVISION 18. - PS PERFORMANCE STANDARD DISTRICT
Sec. 142 -697. - Setback requirements in the R -PS1, 2, 3, 4 districts.
(a) The setback requirements in the R -PS1, 2, 3, 4 districts are as follows:
Front
(0 feet if
greatcr
lots 50 feet
greater
lot width is 50
fcct less)
from bulkhead
l+ne
or
Pedestal and
20 feet Except Tots A
and 1 -30 of Amended
Plat Indian Beach
Corporation Subdivision
and lots 231 -237 of the
Amended Plat of First
Ocean Front
Subdivision -50 feet
Sum of the side
yards shall
equal 16% of lot
width
Minimum -7.5
feet or eight
percent (8 %) of
lot width,
whichever is
greater
Sum of the side
yards shall
equal 16% of
lot width
Minimum -7.5
feet or eight
percent (8 %) of
lot width,
whichever is
greater
Non - oceanfront
lots -10% of lot
depth Ocean
front lots -20%
of lot depth, or
50 feet from the
bulkhead line
whichever is
greater
subterranean
Tower
20 feet + one (1) foot for
every one (1) foot
increase in height above
50 feet, to a maximum
of 50 feet, then shall
remain constant. Except
lots A and 1 -30 of the
Amended Plat Indian
Beach Corporation
Subdivision and Tots
231 -237 of the
Amended Plat of First
Ocean Front
Subdivision -50 feet
The required
pedestal
setback plus
10% of the
height of the
tower portion of
the building.
The total
required
setback shall
not exceed 50
feet
Sum of the side
yards shall
equal 16% of
the lot width
Minimum -7.5
feet or eight
percent (8 %) of
lot width,
whichever is
greater
Non - oceanfront
lots -15% of lot
depth
Oceanfront
lots -25 /o of lot
depth, or 75
feet minimum
from the
bulkhead line
whichever is
greater
DIVISION 18. - PS PERFORMANCE STANDARD DISTRICT
Sec. 142 -697. - Setback requirements in the R -PS1, 2, 3, 4 districts.
(a) The setback requirements in the R -PS1, 2, 3, 4 districts are as follows:
Page 12 of 14
Front
Side,
Interior
Side,
Facing
a Street
Rear
Page 12 of 14
At -grade
parking lot
(below
building)
Five (5) feet
Five (5) feet
Five (5)
feet
Nonoceanfront lots —
five (5) feet
Oceanfront Tots -50
feet from bulkhead line
Subterranean
5 feet
5 feet
5 feet
Nonoceanfront Tots 0
feet
Oc- anfront ont lots- 50
feet from bulkhead line.
Pedestal and
Five(5) feet
7.5 feet, except
when section (e)
below applies.
Lots 50 feet wide or
less —Five (5) feet,
however, for
residential
apartment
structures seeking
approval under
section 142 -696.4
above, on lots
greater than 50 feet
in width, 15 feet for
any portion of the
pedestal above 35
feet in height.
Five (5)
feet
Nonoceanfront lots —
10 % of lot depth
Oceanfront lots -20%
of lot depth, 50 feet
minimum from
bulkhead line.
subterranean
Tower
50 feet, except that in
the R -PS4 within the
Ocean Beach historic
district, the minimum
shall be 60 feet;
however for residential
apartment structures
seeking approval
under section 142-
696.4 above, the tower
setback shall be
determined by the
historic preservation
board.
The required
pedestal setback
o
plus 9-18 10% the
The
required
pedestal
setback
plus
10% the
Nonoceanfront lots —
15% of lot depth o
Oceanfront lots -25 %
of lot depth, 75 feet
minimum from
bulkhead line;
however, for residential
apartment structures
seeking approval under
section 142 -696.4
above, the tower
setback shall be the
same as the pedestal
setback.
height of the
building; however,
for residential
apartment
structures seeking
approval under
section 142 -696.4
above, 15 feet.
height of
the
building.
Page 13 of 14
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 /7 day of LahhGry/ , 2018.
ATTEST:
R
2'J•
City Clerk
X1.....1114
.,,� �`c� +ber, Mayor
0 APPROVED AS TO
INCOFtP ORAf ED I FORM & LANGUAGE
:'.- & FOR EC, TION
1
First Reading: December 13, 2
Second Reading: January l7 , 201
Verified By:
City Attorney
Thomas R. ooney, ICP
Planning Director
T:\AGENDA\2017 \12 - December \Planning \Below Grade Parking Criteria - First Reading ORD.docx
Page 14 of 14
Date
/\/UAMI BEACH
Ordinances - R5 D
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 17, 2018
10:15 a.m. Second Reading Public Hearing
SUBJECT: BELOW GRADE PARKING - MINIMUM REQUIREMENTS AND CRITERIA:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF- STREET PARKING,"
ARTICLE III, "DESIGN STANDARDS," BY CREATING BELOW GRADE OFF-
STREET PARKING CRITERIA; BY AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," TO MODIFY THE MINIMUM SETBACK
REQUIREMENTS FOR SUBTERRANEAN LEVELS IN CERTAIN ZONING
DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On May 17, 2017, at the request of the City Commission, the subject ordinance was referred to the
Land Use and Development Committee for consideration and recommendation (Item R5T).
On June 14, 2017, the Land Use Committee discussed the proposed Ordinance and recommended
that the City Commission refer the item to the Planning Board. Commissioner John Elizabeth Aleman
is the sponsor of the proposed Ordinance.
On July 26, 2017, the City Commission referred the proposed Ordinance amendment to the Planning
Board.
PLANNING ANALYSIS
On May 17, 2017, the City Commission approved a separate ordinance establishing Land Use
Board criteria pertaining to sea level rise and resiliency. As part of the original draft Ordinance, a
prohibition on below grade parking was considered and discussed. In lieu of prohibiting below grade
parking, the City Commission referred a separate Ordinance amendment to the Land Use and
Development Committee to address the following:
1. Providing sufficient setbacks for ramping and access to below grade levels from adjacent streets
and rights -of -way, in order to ensure sufficient dimensions to accommodate the future raising of
public sidewalks, streets and public right -of -way, and without ramps encroaching into the public right -
of -way.
Page 464 of 923
2. Increasing the minimum setback requirements for all below grade structures to meet the applicable
pedestal setback requirements, in order to allow for permeable areas on the site and natural drainage
of storm water.
3. Providing sufficient pumping capacity to ensure all below grade levels remain dry without affecting
surrounding properties.
4. For properties containing a `contributing' building, and located within a Local Historic District or
Designated Historic Site, the Historic Preservation Board shall have the ability to waive the setback
requirements for below grade parking levels, in accordance with the applicable Certificate of
Appropriateness criteria.
The attached draft ordinance contains the above noted criteria, as revised per the recommendation
of the Land Use Committee. These review criteria will provide additional tools for ensuring that future
below grade parking structures will be more environmentally sensitive and resilient. In addition to the
criteria proposed for Chapter 130 in the attached draft ordinance, setback modifications for all zoning
districts in Chapter 142 that allow subterranean levels have also been made part of the proposed
legislation.
PLANNING BOARD REVIEW
On September 26, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on December 13, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor John Elizabeth Aleman
ATTACHMENTS:
Description
o Form Approved ORDINANCE - Below Grade Parking
Page 465 of 923