Ordinance 2024-4625 Height Limits for Main Use Parking Garages -
Terminal Island
ORDINANCE NO. 2024-4625
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING THE RESILIENCY CODE OF THE CITY
OF MIAMI BEACH, AT CHAPTER 5, "OFF STREET PARKING," ARTICLE III,
"DESIGN STANDARDS," AT DIVISION 10, "PARKING GARAGE DESIGN
STANDARDS," SECTION 5.3.10(a), "GENERAL STANDARDS," AND
CHAPTER 7, "ZONING DISTRICTS AND REGULATIONS," ARTICLE I,
"GENERAL TO ALL ZONING DISTRICTS," AT DIVISION 6, "PARKING
SCREENING STANDARDS," SECTION 7.1.6.2, "STANDARDS," TO ALLOW
FOR ADDITIONAL HEIGHT SUBJECT TO CERTAIN CONDITIONS AND
MODIFY PARKING SCREENING STANDARDS FOR MAIN USE PARKING
GARAGES LOCATED ON TERMINAL ISLAND; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS,the ferries for passengers and vehicles to Fisher Island operate from Terminal
Island on the MacArthur Causeway; and
WHEREAS, virtually everyone who lives or works on Fisher Island must use the ferries to
access the Island; and
WHEREAS, the ferry terminal and parking garage located at 112 MacArthur Causeway,
across from the Coast Guard base, is used by employees and contractors who work on Fisher
Island to access the Island; and
WHEREAS, MacArthur Causeway is often congested with traffic as a result of vehicles
going to Terminal Island in order to transit to Fisher Island via ferry services; and
WHEREAS, to reduce the number of vehicles that must be transported to Fisher Island
and reduce backups of vehicles that must load onto the ferries, the Fisher Island Community
Association, Inc. ("FICA") built a garage to park vehicles that would have otherwise required
transport to the Island; and •
WHEREAS, the garage is currently utilized to its full capacity; and
WHEREAS, by increasing the size of the garage and moving FICA administrative offices
from the Island to the expanded garage, significantly fewer vehicles will need to queue to gain
access to the ferry thereby reducing traffic backup which sometimes extends to and on the
MacArthur Causeway causing backup on the Causeway; and
WHEREAS,the United States Coast Guard has recognized that"the initial parking garage
construction . . . mitigated the impact of . . . vehicles accessing Terminal Island" and further,
"However, on occasion, traffic entering the Fisher Island Terminal East facility to stage for ferry
boarding, backs up and blocks ingress/egress from Base Miami Beach. Further modification to
the parking garage should make necessary adjustments to improve . . . traffic flow at the entrance
to Base Miami Beach"; and
WHEREAS,the height increase for main use parking garages would allow for the Terminal
Island Parking Garage to increase its parking capacity and alleviate the need for queuing along
MacArthur Causeway and therefore alleviate congestion; and
WHEREAS, the height increase for main use parking garages would match the allowable
height for office and commercial buildings on Terminal Island and therefore allow for consistent
development in the area; and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 5, "Off Street Parking,"Article III, "Design Standards," Division 10, "Parking
Garage Design Standards," is hereby amended as follows:
CHAPTER 5
OFF-STREET PARKING
ARTICLE III. DESIGN STANDARDS
* * *
5.3.10 Parking Garage Design Standards.
* * *
a. General standards
* * *
2. Design standards: additional regulations:
1. Parking garages within the CD-3 district may be 75 feet in height.
2. Parking garages within the I-1 district on Terminal Island may be 75 feet in height
provided that:
(i) The top floor of the parking garage is not used for events;
(ii)The parking garage facade is screened in a manner to be reviewed and
approved by the Design Review Board; and
(iii) There is no noise that emanates from the parking garage that is plainly
audible from any property in a residential zoning district.
23. For parking garages located on non-oceanfront lots within the Collins
Waterfront Historic District, with frontage on both Indian Creek Drive and Collins
Avenue, the required pedestal setbacks may extend up to a maximum height of
eight stories and 75 feet.
* * *
SECTION 2. Chapter 7, "Zoning Districts and Regulations," Article I, "General to All Zoning
Districts," Division 6, "Parking Screening Standards," is hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
ARTICLE 1. GENERAL TO ALL ZONING DISTRICTS
DIVISION 6. PARKING SCREENING STANDARDS
* * *
7.1.6.2 Standards
a. Parking at the Understory Level (below the First Habitable Level). Parking at the Understory
Level shall be lined along a minimum of 50 percent(50%)of the built frontage with non-residential
uses, lobbies or stoops that provide access to the First Habitable Level (FHL).
b. All floors at the first habitable level (FHL) and above of a,building containing parking spaces
shall incorporate the following as applicable.
1. Habitable space, as applicable, at the first habitable level along every facade facing a
street, sidewalk or waterway. For properties not having access to an alley, the required
habitable space may accommodate entrance and exit drives. The total width of the
entrance and exit drives shall not exceed 22 feet. For habitable space that screen parking
and that are also located below DFE, these shall have floodproofing for all facades below
DFE extending 36 inches above DFE.
2. Habitable space above the first habitable level along every façade facing a waterway.
In RM-2 and RM-3 Residential uses are required facing a waterway.
3. For properties less than 60 feet in width, the total amount of habitable space at the first
habitable level along a street side shall be determined by the design review or historic
preservation board, as applicable. All facades above the first habitable level, facing a
street or sidewalk, shall include a substantial portion of habitable space; the total amount
of habitable space shall be determined by the design review or historic preservation board,
as applicable, based upon their respective criteria.
4. Where parking is not lined with habitable space it should be screened by fenestration,
vegetation or other such treatment.
c. Notwithstanding the provisions of Section 5.3.10, "Parking Garage Design Standards," main
use parking garages within the I-1 district on Terminal Island are not required to be lined with
habitable space along every facade facing a waterway, but may be screened.
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
Resiliency 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 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
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 ten days following adoption.
PASSED and ADOPTED this N day of 54Ir , 2024.
Steven Meiner, Mayor
ATTEST:
JUL3 0 M` 8 '",,
Rafael E. Granado, City Clerk IktosP oR„TEa
' . Jk $'
First Reading: May 15, 2024 '6,,'.
Second Reading: my 24, 20
Verified by:
Thomas R. Mooney, IC
Planning Director
Underscore denotes new language
Strikethrough denotes removed language
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
1 1»1 -zo ar
City Attorney �� Date
Ordinances -R5 C
MIAMI BEACH •
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: July 24, 2024 10:25 a.m. Second Reading Public Hearing
TITLE: HEIGHT LIMITS FOR MAIN USE PARKING GARAGES -TERMINAL ISLAND
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, AT CHAPTER 5, "OFF-STREET PARKING,"ARTICLE III, "DESIGN
STANDARDS," AT DIVISION 10, "PARKING GARAGE DESIGN STANDARDS,"
SECTION 5.3.10(A), "GENERAL STANDARDS," AND CHAPTER 7, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE I, "GENERAL TO ALL ZONING
DISTRICTS," AT DIVISION 6, "PARKING SCREENING STANDARDS," SECTION
7.1.6.2, "STANDARDS," TO ALLOW FOR ADDITIONAL HEIGHT AND MODIFY
PARKING SCREENING STANDARDS FOR MAIN USE PARKING GARAGES
LOCATED ON TERMINAL ISLAND; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On September 29, 2023, the applicant, Fisher Island Community Association, Inc. submitted a
private application to the Planning Department for an amendment to the Land Development
Regulations of the City Code (LDRs). Specifically, the application is to increase the maximum .
allowable building height for main use parking structures in the I-1 zoning district on Terminal
Island.
The item was scheduled to be considered by the Planning Board (PB) on December 19, 2023,
but the meeting was canceled due to a lack of quorum. On January 30, 2024,the Planning Board
continued the item to the February 27, 2024 hearing at the request of the applicant. On February
27, 2024, the Planning Board continued the item to the March 26, 2024 meeting, also at the
request of the applicant.
The existing parking garage on the east side of Terminal Island, which provides parking for
employees of Fisher Island, previously obtained the following development approvals:
• On April 30, 2013, the PB issued a Conditional Use Permit(CUP)for the new construction of a
parking garage at the subject property, which is over 50,000 square feet(PB File No. 2100).
• On June 4, 2013, the Design Review Board (DRB) approved the construction of the parking
garage in connection with a commercial ferry service terminal to and from Fisher Island (DRB File
No. 22974).
• On December 17, 2013, the PB approved a Modification to the Conditional Use Permit office
space on the north end of the fourth floor of the Parking Garage (PB File No. 2100).
Page 925 of 1750
• On January 10, 2014, the Board of Adjustment (BOA) approved a variance to waive the
requirement to incorporate residential or commercial uses at the first level, a variance to waive
the requirement to incorporate residential or commercial uses at every level facing a waterway,
and a variance to exceed the maximum permitted building height (BOA File No. 3677). The
variance allows the garage to be 43 feet, which is 3 feet above the permitted height in the LDRs.
ANALYSIS
The proposed ordinance would allow for a main use parking structure located within the I-1 zoning
district, only on Terminal Island, to have a maximum building height of 75 feet. Currently the
maximum height limit is 40 feet for main use parking structures in the I-1 district. For comparison
purposes, under the provisions of section 5.3.10 of the LDRs, main use parking structures located
in the Commercial High Intensity (CD-3) district have a maximum height limit of 75 feet.
The subject proposal would allow for new parking levels to be added to the existing parking
structure on the east side of Terminal Island. The subject garage serves the Fisher Island
employee ferry terminal; residents of Fisher Island, use the ferry terminal on the west side of
Terminal Island.
The ferry terminal currently experiences significant queuing due to high usage from employees
and construction vehicles.These queues have caused back-ups off the garage property and onto
the Terminal Island access road. Sometimes this impedes access to the U.S. Coast Guard Base
Miami and the City of Miami Beach Facilities and Fleet Management Department vehicle
maintenance facility and Public Works Sanitation Division offices during morning peak hours.
According to the traffic analysis prepared by the applicant, and reviewed by the Planning Board,
the proposed increase in parking spaces that will result from the increase in allowable building
height is not expected to result in an increase in vehicle trips and congestion within Terminal
Island. The Transportation and Mobility Department has reviewed the applicants' analysis and
agrees with its conclusions. In this regard, the additional parking will be for employees who
currently take their vehicles onto the ferry and park on Fisher Island. With an increase in parking
spaces on Terminal Island, these same vehicles would park in the garage, allowing employees to
walk onto the ferry, thereby minimizing the vehicle queue to get on the ferry.
Staff does have concerns with the queuing that would take place during the future construction of
the additional levels proposed for the garage, as it is likely that portions of the existing garage
would have to close for the construction to take place safely: To this end, the applicant has
indicated that satellite parking spaces will be leased in downtown Miami or Miami Beach, and
employees would be brought to the ferry via shuttle vans.
If the proposed amendment is adopted by the City Commission, subsequent applications to the
Design Review Board and Planning Board would be required for approval of the proposed vertical.
expansion of the existing garage. The Planning Board would have to approve a modification to
the garage's Conditional Use Permit and the details of the satellite parking plan could be refined
as part of the CUP process. It is anticipated that operating conditions will be incorporated into the
CUP to minimize traffic impacts to the MacArthur Causeway during peak hours.
From a design perspective,the proposal would allow main use garages to have a height limit that
is equivalent to the allowable height for commercial and office buildings on Terminal Island.There
is an approved development on the adjacent site to the west that is similar in scale. Staff does
have concerns with the aesthetics of the existing garage and the visual impact to surrounding
areas due to the minimal architectural screening. Since a modification to the structure would
require the review and approval of the DRB, there will be an opportunity to improve the
architectural screening on the garage and upgrade its aesthetics.
Page 926 of 1750
PLANNING BOARD REVIEW
On March 26, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (5-1).
UPDATE
The subject ordinance was approved at First Reading on May 15, 2024 by the City Commission.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? No
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/5/2024. See BIE at:
https://www.m iam ibeachfl.aov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
South Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning •
Sponsor(s)
Private Applicant
Co-sponsor(s),
Page 927 of 1750
Condensed Title
10:25 a.m. 2nd Rdg, Height Limits for Main Use Parking Garages-Terminal Island. (Private
Applicant) PL
Page 928 of 1750
aker man Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami,FL 33131
T:305 374 5600
F:305 374 5095
Memorandum
From: Neisen Kasdin, on behalf of Fisher Island Community Association
To: Thomas Mooney, City of Miami Beach Planning Director
Date: July 18, 2024
Subject: PB23-0634 Proposed Amendments
Akerman LLP represents Fisher Island Community Association, Inc. ("Applicant") in
connection with the application to amend the City of Miami Beach's ("City") Resiliency Code to
increase the maximum allowable building height to 75 feet for main use parking structures in the
I-1 zoning district on Terminal Island (the "Application"). The Application was heard by the
Planning Board on March 26, 2024 and then considered by the City Commission for first reading
on May 15, 2024.
Pursuant to the comments provided by members of the City Commission on first reading,
Applicant is proposing certain changes to the ordinance to address the screening of parking
facilities, noise, and use of the top floor as event space. Therefore, the proposed amendments
would allow parking garages in the I-1 district on Terminal Island to be 75 feet in height provided
that: (i)The top floor of the parking garage is not used for events; (ii)The parking garage facade
is screened in a manner to be reviewed and approved by the Design Review Board; and(iii)There
is no noise that emanates from the parking garage that is plainly audible from any property in a
residential zoning district.
akerman.co m