Ordinance 2018-4161RM -3 HOTELS — ARCHITECTURAL DISTRICT PARKING
ORDINANCE NO.
2018 -4161
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130 "OFF -
STREET PARKING," ARTICLE II, "DISTRICTS;
REQUIREMENTS," BY AMENDING THE OFF- STREET PARKING
REQUIREMENTS FOR OCEANFRONT HOTELS ZONED RM -3 IN THE
ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, current parking requirements for hotels, and for convention hotels contain a
requirement for parking spaces based upon the number of rooms within the hotel and additional parking
requirements for accessory uses within hotels; and
WHEREAS, changes in patterns and norms regarding the use of automobiles in urban
areas such as Miami Beach, has changed the need for excessive parking in hotels; and
WHEREAS, existing parking requirements for hotels have not kept up with these
aforementioned changes in automobile usage; and
WHEREAS, the proposed changes are necessary in order to promote good hotel development
and the preservation of certain contributing hotels in the Architectural District.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
Section 1. Section 130 -32, "Off Street parking requirements for Parking District No. 1," is hereby
amended as follows.
Section 130 -32 - Off - street parking requirements for parking district no. 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:
(26)(A)For oceanfront lots zoned RM -3 in the architectural district, between 15th Street and 23rd
Street, containing a contributing structure, where the main or primary use is a hotel, the
following shall apply to new construction:
(1) Hotel Units. There shall be no parking requirement for new construction containing hotel
units where the total number of hotel units is not increased from the existing business
tax receipt (BTR).
(2) Retail Meetin
requirement for individual accessor use establishments h re accessor
uses. of 3,000 square feet or less. For individual accessory use establishments over
3 000 square feet there shall be one space for ever 300 s•uare feet of floor area. A
covenant running with the land, approved by the City Attorney, shall be recorded to
ensure that individual accessory use establishments will not be reconfigured internally
in a way that would increase the minimum parking requirement without conditional use
approval and payment of a one -time parking impact fee for each required parking
space. Notwithstandin• the above when the total a••re•ate s•uare footage of the
above - mentioned accessory uses in this subsection (2) exceeds 10% of the gross floor
area on the property, then parking shall be required for all of the uses.
rooms or other •laces of assembl . There shall be no
arkin
t
h
(3) Restaurant, dining area, lounge, outdoor cafe or bar: There shall be no parking
requirement for individual accessory establishments, that are accessory to hotel
uses. of 3,000 square feet per hotel. For individual accessory establishments over
3,000 square feet there shall be one space per four seats or one space per 60 square
feet of space not used for seating. A covenant running with the land, approved by the
City Attorney, shall be recorded to ensure that individual accessory establishments will
not be reconfigured internally in a way that would increase the minimum parking
requirement without conditional use approval and payment of a one -time parking
impact fee for each required parking space. Notwithstanding the above, when the total
aggregate square footage of the above- mentioned accessory uses in this subsection
(2) exceeds 20% of the gross floor area on the property, then parking shall be required
for all of the uses.
(4) G mnasiums S•as or Saunas: There shall be no • arkin
avmnasiums. s
as or saunas for
re•istered hotel
re
uirement for accessor
uests onl
The use of
gymnasiums, spas or saunas by the general public shall comply with all applicable
parking requirements.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. 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, as amended. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section" or other
appropriate word.
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SECTION 4. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the A7 day of Z- kart/ , 2018.
r
PASSED and ADOPTED this I T day of -jot h (4c r , 2018.
ATTEST:
ber, Mayor
Rafae
2R �.
E. Granado, City Clerk
oBN ECG:
sko
First Reading: December 13, 2017
Second Reading: January 17, 2018
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
5
Underscore Denotes New Text H N2
Double Underscore Denotes Text Added at Second R`e'ading
City Attorney
T :\AGENDA \2018 \02 February \Planning \RM -3 Architectural District Parking - Second Reading ORD - FINAL.docx
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Da
MIAM
BEACH
Ordinances R5 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 17, 2018
10:20 a.m. Second Reading Public Hearing
SUBJECT: RM -3 HOTELS - ARCHITECTURAL DISTRICT PARKING:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 130 "OFF- STREET PARKING,"
ARTICLE 11, "DISTRICTS; REQUIREMENTS," BY AMENDING THE OFF - STREET
PARKING REQUIREMENTS FOR OCEANFRONT HOTELS ZONED RM -3 IN THE
ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On September 25, 2017, at the request of former Commissioner Joy Malakoff, the subject ordinance
was referred to the Land Use and Development Committee (LUDC) for consideration and
recommendation (Item C4M.)
On October 11, 2017, the LUDC discussed the proposed Ordinance, as well as a companion
Ordinance referred by the City Commission on September 25, 2017 (Item C4X, sponsored by
Commissioner Malakoff). The Land Use Committee recommended that the two Ordinances be
combined into a single Ordinance and that the City Commission refer the item to the Planning Board.
Vice -Mayor John Elizabeth Aleman is the sponsor of the proposed Ordinance.
On October 18, 2017, the City Commission referred the combined item to the Planning Board (Item
C4Q.)
PLANNING ANALYSIS
The attached draft ordinance, which has been proposed by an oceanfront hotel, would modify Sec.
130 -32 of the City Code, pertaining to off - street parking requirements for oceanfront lots zoned RM -3
in the architectural district. Specifically, for oceanfront properties located between 15th Street and
23rd Street on the east side of Collins Avenue, which contain a contributing structure and where the
primary use is a hotel, the following revised parking requirements would apply to new construction:
• Hotel Units: No parking requirement for new construction containing hotel units where the total
number of hotel units is not increased from the existing business tax receipt.
Page 480 of 923
• Retail, Meeting rooms or other places of assembly: No parking requirement for individual
accessory use establishments of 5,000 square feet or less. For individual accessory use
establishments over 5,000 square feet, there shall be one space for every 300 square feet of floor
area. A covenant running with the land, approved by the City Attorney, shall be recorded to ensure
that individual accessory use establishments will not be reconfigured internally in a way that would
increase the minimum parking requirement without conditional use approval and payment of a one-
time parking impact fee for each required parking space. Notwithstanding the above, when the total
aggregate square footage of the above- mentioned accessory uses In this subsection (2) exceeds
10% of the gross floor area on the property, then parking shall be required for all of the uses.
• Restaurant, dining area, lounge, outdoor cafe or bar. No parking requirement for individual
accessory establishments of 5,000 square feet per hotel. For individual accessory establishments
over 5,000 square feet there shall be one space per four seats or one space per 60 square feet of
space not used for seating. A covenant running with the land, approved by the City Attorney, shall be
recorded to ensure that individual accessory establishments will not be reconfigured internally in a
way that would increase the minimum parking requirement without conditional use approval and
payment of a one -time parking impact fee for each required parking space. Notwithstanding the
above, when the total aggregate square footage of the above- mentioned accessory uses in this
subsection (2) exceeds 20% of the gross floor area on the property, then parking shall be required for
all of the uses.
• Gymnasiums, Spas or Saunas: No parking requirement for accessory gymnasiums, spas or
saunas.
The Ordinance is proposed due to the lack of adequate space and access challenges associated
with current off - street parking requirements. The changes proposed would allow for the renovation of
existing hotels within the affected area, including minor new construction up to the threshold
limitations noted above, without a parking requirement.
PLANNING BOARD REVIEW
On November 21, 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 a very minor
change to adjust the threshold square footage for accessory retail, meeting rooms or other places of
assembly, restaurant, dining area, lounge, outdoor cafe or bar uses, from 5,000 square feet to 3,000
square feet. This change has been incorporated into the revised Ordinance for Second Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor John Elizabeth Aleman
Page 481 of 923
ATTACHMENTS:
Description
Form Approved ORD - RM3 Hotel Parking
Page 482 of 923