Ordinance 2019-4242 •
ENCLOSED SEATING AREAS - OFF-STREET PARKING REGULATIONS
ORDINANCE NO, 2019-4242
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE MAYOR
AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, SUBPART B,
ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING
CHAPTER 130, ENTITLED, "OFF-STREET PARKING," ARTICLE V, ENTITLED,
"FEE IN LIEU OF PARKING PROGRAM," BY AMENDING STANDARDS AND
PROCEDURES FOR OFF-STREET PARKING REQUIREMENTS IN THE
ARCHITECTURAL DISTRICT; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public
health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides for the
regulation of land within the City; and
WHEREAS, regulation of standards for off-street parking and an amendment to the fee in lieu
of parking program to recognize outdoor seating being eligible to participate in the program, for
outdoor seating in the Architectural District would assist the businesses in the area and have a
beneficial effect on the area; and
WHEREAS, these regulations will accomplish these goals and ensure that the public health,
safety and welfare will be preserved in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130, "Off-Street Parking", is hereby amended, as follows:
CHAPTER 130
OFF-STREET PARKING
* * *
ARTICLE V. - FEE IN LIEU OF PARKING PROGRAM
* * *
Sec. 130-131. -Generally.
A fee in lieu of providing parking may be paid to the city in lieu of providing required parking on- site,
or within 1,200 feet of the site in the architectural district or otherwise within 500 feet of the site, only
in the following instances, except that parking requirements for accessory commercial uses in newly
constructed buildings within the Collins Waterfront Historic District in an area in the RM-2 zoning
district that is bounded by 41st Street on the south and 44th Street on the north, and for medical
cannabis treatment centers and pharmacy stores shall be satisfied by providing the required parking
spaces, and may not be satisfied by paying a fee in lieu of providing parking:
(1) New construction of commercial or residential development and commercial or residential
additions to existing buildings whether attached or detached from the main structure within the
architectural district or a local historic district.
(2) When an alteration or rehabilitation within an existing structure results in an increased parking
requirement pursuant to subsection 130-132(b).
(3) New construction of 1,000 square feet or less, or additions of 1,000 square feet or less to existing
buildings whether attached or detached from the main structure may fully satisfy the parking
requirement by participation in the fee in lieu of providing parking program pursuant to subsection
130-132(a).
(4) The creation or expansion of an outdoor cafe (except for those which are an accessory use to
buildings described in subsection 130-31(b).
(5) Commercial or residential additions to existing contributing buildings, whether attached to or
detached from the main structure, within the Normandy Isles National Register District or the North
Shore National Register District, provided the existing contributing structure is substantially retained,
preserved and restored. The proposed commercial or residential additions 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 Standards for the Rehabilitation of Historic
Buildings.
(6) The enclosure of existing outdoor seating areas, attached to a contributing building located within
the Architectural District, may fully satisfy the parking requirement by participation in the fee in lieu of
providing parking program pursuant to subsection 130-132(b), in accordance with the following:
(A) The outdoor seating area shall be located within a rear or interior
side area of the lot, and shall not directly front a street.
(B) The outdoor seating area shall be adiacent to a residential use.
Sec. 130-132. - Fee calculation.
(a) New construction. The fee in lieu of providing parking for new construction shall be satisfied by a
one-time payment at the time of issuance of a building permit per parking space. The amount of
such one-time fee is set forth in section 118-7.
(b) Existing structures, eligible indoor seating areas in the Architectural District and outdoor cafes.
When alteration or rehabilitation of a structure results in an increased parking requirement, or an
outdoor cafe is created or expanded, the fee in lieu of providing parking shall be satisfied by one
of the following:
(1) A one-time payment as set forth in subsection (a) of this section.
(2) A yearly payment in the amount set forth in 118-7, which shall
continue as long as the use exists. (The amount of such payment may
2
vary from year to year in accordance with the determination set forth in
subsection (d) of this section.) 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 (a) of this section minus the
amount of money already paid through yearly payments; such amount
shall be based upon the latest determination made pursuant to
subsection (d) of this section 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 of issuance of the building permit. However, when
new floor.area is added to the existing building, the fee in lieu shall be
as set forth in subsection (a) of this section.
SECTION 2. 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. The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /3 day of F•ebruar , 2019.
ATTEST:
Gelber, Mayor
L VI 14144
Rafael . Granado, City Clerk „ e. ; e 7,
= "- APPROVED AS TO
,�. ; �'� • FORM & LANGUAGE
First Reading: January 16, 20i-4 : NCORP ORATED- & FOR DiECUTION
Second Reading: February 13, 20 = � t Z _� )_ la
(Sponsored by J• n Elizab h Al• : ) St. G
�1 ; A'+. f City Attorney Date
Verified by: ' '
Thomas R. Mooney, ,TCP
Planning Director
T:\AGENDA\2019\01 January\Planning\Enclosed Outdoor Seating Parking Requirements-First Reading ORD.docx
3
Ordinances - R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 13, 2019
1:35 p.m. Second Reading Public Hearing
SUBJECT: ENCLOSED SEATING AREAS - OFF-STREET PARKING REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH,
SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 130, ENTITLED, "OFF-STREET PARKING,"
ARTICLE V, ENTITLED, "FEE IN LIEU OF PARKING PROGRAM," BY
AMENDING STANDARDS AND PROCEDURES FOR OFF-STREET
PARKING REQUIREMENTS IN THE ARCHITECTURAL DISTRICT;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY/BACKGROUND
On September 12, 2018, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred a discussion item to the Land Use and Development Committee (Item
C4B). On October 31, 2018 the Land Use Committee discussed the item and recommended
that the City Commission refer the attached draft Ordinance to the Planning Board.
On November 14, 2018, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred the attached Ordinance to the Planning Board (Item C4Q).
PLANNING ANALYSIS
Under the Land Development Regulations of the City Code, outdoor seating areas that are
enclosed to address noise and weather are treated as floor area and counted towards the
maximum floor area ratio (FAR) for a site. Within local historic districts, the required parking
associated with the new FAR can either be satisfied by providing it onsite, or by paying a one-
time impact fee, which is currently $40,000 per parking space. Currently there is no off-street
parking requirement for main or accessory uses associated with buildings that existed prior to
October 1, 1993, which are located within the architectural district. However the construction of
new enclosed areas does have a parking requirement, depending on the use.
Page 479 of 911
The proposal herein provides another option for addressing the minimum parking requirement
for the enclosure of existing outdoor seating areas in the architectural district. In this regard, the
enclosure of outdoor seating areas has practical benefits as it pertains to inclement weather, as
well as controlling noise, particularly when the outdoor seating area is in close proximity to
residential uses.
The proposed draft ordinance would amend Chapter 130 of the Land Development
Regulations of the City Code and allow for the enclosure of existing outdoor seating areas to
satisfy the off-street parking requirement by participation in the annual fee in lieu program
($800.00 per year, per required parking space), as opposed to the current requirement of
paying a one-time fee ($40,000.00 per space). The ability to utilize the annual fee in lieu would
be limited to those seating areas attached to a contributing building located within the
Architectural District. Currently, outdoor seating areas, outside of a local historic district, are
eligible to satisfy required parking through the annual fee in lieu program (There is no parking
requirement for outdoor seating areas associated with buildings that existed prior to October 1,
1993 in the Architectural District). This option would allow for enclosed seating areas, attached
to contributing buildings in the Architectural District, to participate in the annual fee program, as
well.
The attached Ordinance limits the scope of the application of this proposal, and there is a
rational nexus for allowing some latitude for contributing buildings in the Architectural District. In
most instances, contributing buildings in the Architectural District do not have any space on the
property to provide off-street parking, and any attempt to create such space could have negative
impacts on the architectural integrity of the building and property.Additionally, the actual intensity
of the seating would not be increased, as outdoor seating areas associated with buildings that
existed prior to October 1, 1993 in the Architectural District do not have a parking requirement.
Additionally, there would be no impact on parking, as currently the requirements for enclosed
floor area in a historic district can be satisfied by paying a one-time fee. The proposal herein
would allow the fee to be paid annually.
PLANNING BOARD REVIEW
On December 18, 2018, the Planning Board held a public hearing regarding the proposed LDR
Amendment and transmitted the Ordinance to the City Commission with a favorable
recommendation by a vote of seven to zero (7-0).
SUMMARY
The Land Use Committee recommended the following limitations, all of which are included in
the ordinance:
1. The ordinance shall be limited to the enclosure of existing outdoor seating areas, which are
attached to a contributing building located within the Architectural District.
2. The outdoor seating area shall be located within a rear or interior side area of the lot, and shall
not directly front a street.
3. The outdoor seating area shall be adjacent to a residential use.
UPDATE
The subject Ordinance was approved at First Reading on January 16, 2019, with no changes.
Page 480 of 911
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
❑ Form Approved ORDINANCE
Page 481 of 911