Ordinance 2022-4504 Parking District No. 7— Extension of Sunset Provision
ORDINANCE NO. 2022-4504
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS,"
BY AMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING,"
ARTICLE II, ENTITLED "DISTRICTS; REQUIREMENTS," BY AMENDING
SECTION 130-33, ENTITLED "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, 7, 8 AND 9" TO EXTEND THE
DEADLINE FOR APPLICABILITY OF THE REGULATIONS FOR PARKING
DISTRICT NO. 7; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, previously, pursuant to the recommendations of the Mayor's Washington
Avenue Blue Ribbon Task Force, the City adopted development regulations specific to the
Washington Avenue corridor; and
WHEREAS, the City has studied the condition of properties located along Washington
Avenue, in light of concerns raised by local residents, property owners, and businesses; and
WHEREAS, various constituents have expressed concerns regarding the deterioration of
the area; and
WHEREAS, residents, property owners, and businesses are concerned with the quality of
life and condition of the streets within the portions of the Flamingo Park Historic District and
National Register Historic District along Washington Avenue; and
WHEREAS, the City has studied various approaches to improve residents' quality of life
and the quality of businesses within the area; and
WHEREAS, the City subsequently adopted Ordinance 2019-4312, as amended, creating
the Washington Avenue Overlay, which immediately incentivized new business development,
including two new hotels and a new co-living project with an office component; and
WHEREAS, these incentives have demonstrably improved the quality of life and viability
of new businesses within the Washington Avenue corridor; and
WHEREAS, to allow additional time for applicants to obtain building permits, the City
Commission finds it in the City's best interest to extend the parking incentives provided for Parking
District No. 7.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
1
SECTION 1. Chapter 130, "Off-Street Parking," Article II, "Districts; Requirements," is hereby
amended as follows:
CHAPTER 130
OFF-STREET PARKING
ARTICLE II. — DISTRICTS; REQUIREMENTS
* * *
Sec. 130-33.—Off-Street parking requirements for parking districts nos. 2, 3, 4, 5, 6, 7, 8
and 9.
* * *
(d) [Parking district no. 71 Except as otherwise provided in these land development
regulations, when any building or structure is erected or altered in parking district no. 7,
off-street automobile parking spaces shall be provided for the building, structure or
additional floor area as follows. For uses not listed below, the off-street parking
requirement shall be the same as for parking district no. 1 or parking district no. 2, as
applicable.
(1) Co-living units: No parking requirement.
(2) Hotel and hostel: No parking requirement. For accessory use to a hotel or hostel,
the minimum parking is as set-forth in parking district no. 1.
(3) Office: No parking requirement.
(4) Retail:
a. Retail existing as of the date of adoption of parking district no. 7 shall have no
parking requirement.
b. For new retail construction, one space per 300 square feet of floor area.
c. Notwithstanding the above, there shall be no parking requirement for retail
uses, provided that a parking garage with publicly accessible parking spaces is
located within 500 feet. •
(5) Quality restaurants (i.e. full service eating establishments with a typical duration or
stay of at least one hour, at which patrons wait to be seated, are served by a
waiter/waitress, order from menus, and pay for meals after they eat): No parking
requirement.
(6) Café, outdoor: No parking requirement.
(7)Approved parklets shall have no parking requirement.
(8) Any building or structure erected in parking district no. 7 may provide required
parking on site as specified in parking district no. 1. Such required parking, if provided,
shall be exempt from FAR, in accordance with the regulations specified in chapter
114 of these land development regulations.
The parking requirements in this subsection 130-33(d)(1), (2), (3), (4), (5), (6), and (7)
shall only apply to projects that have obtained a full building permit or business tax
receipt by September 1, 2022 2027.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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 renumbered or relettered to accomplish such intention;
and that the word "ordinance" may be changed to "section"or other appropriate word.
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 o?0 day of Juv , 20
•
J� 2 5 2022 Dan Gelber, Mayor
ATTES
Rafael E. ranado, City Clerk
APPROVED AS TO
4;, . s FORM & LANGUAGE
First Reading: June 22, 2022 It!C0RP ORATED .&FOR EXECUTION
Second Reading: July 2 2022 ' '
H26 _ •
Verified By: City Attorney
omas R. Mooney, AICP Iv�
Planning Director Date
T:\Agenda\2022\6_June 2022\Planning\PD 7 Extension of Sunset Provision-First Reading ORD.docx
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Ordinances-R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 20, 2022
10:20 a.m. Second Reading Public Hearing
SUBJECT: PARKING DISTRICT NO. 7 - EXTENSION OF SUNSET PROVISION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BYAMENDING CHAPTER 130, ENTITLED "OFF-STREET
PARKING," ARTICLE II, ENTITLED "DISTRICTS; REQUIREMENTS," BY
AMENDING SECTION 130-33, ENTITLED "OFF-STREET PARKING
REQUIREMENTS FOR PARKING DISTRICTS NOS.2, 3, 4, 5, 6, 7, 8 AND 9"
TO EXTEND THE DEADLINE FOR APPLICABILITY OF THE
REGULATIONS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On May 4, 2022, the City Commission referred the subject Ordinance to the Land Use and
Sustainability Committee (LUSC) and the Planning Board (C4Z). The sponsor of the proposal
is Commissioner Alex Fernandez. The LUSC is scheduled to discuss the proposal on June 1,
2022.
ANALYSIS
PLANNING ANALYSIS
The proposed Ordinance would extend the sunset provision for the parking waivers set forth in
Parking District Number 7 (PD7), which are specific to the Washington Avenue Overlay Area,
for a period of 5 years. The current sunset provision becomes effective on September 1, 2022,
at which time the existing parking waivers are no longer valid.
The parking waivers contained in PD7,along with the other zoning regulations in the Washington
Avenue Overlay, have had a positive impact on development in this corridor. Extending the
parking waiver to September 1, 2027 will allow for additional projects contemplated pursuant to
the Washington Avenue Overlay to move forward.
PLANNING BOARD REVIEW
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The Planning Board held a public hearing on June 21, 2022 and transmitted the Ordinance to
the City Commission with a favorable recommendation(7-0).
UPDATE
The City Commission was scheduled to consider the subject Ordinance at First Reading on
July 8, 2022. The Administration will provide any applicable updates regarding action taken at
First Reading.
SUPPORTING SURVEY DATA
Improve Development on Washington Avenue
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
D Ordinance
Page 611 of 1502