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C7E-Set Public Hearing- Parking District No 5 - Sunset Harbour Neighborhoodreducing or threshold for Neighborhood over 150 seats (currently review is for 300 seats or more). The recommends that the Commission ho<:orm'" for November 2012. 152 SUMMARY District #5 in the Industrial District requirements the Resolution a First ··································---- AGENDA iTEM~-::---::--­ DATE ----<--'-="-· IBE City of Mi(lmi 8eod1, 1700 Convention Center Drive, Miorni fiorido 33 39, TO Mayor Matti Herrera Bower and Members of the FROM Kathie Brooks, Interim City Manager DATE October 20 '! 2 SUBJECT "CONDITIONAL IN THE 1-1 1 ARTICLE CONSIDER 130, "OFF-STREET " SECTION 1 A NEW PARKING "OFF-STREET 3 AND DISTRICT AVENUE ON THE EAST SECT! ON CONDITIONAL AMENDING " DIVISION 5, AMENDING SECTIONS ...... -......... "CONDITIONAL COMMERCIAL 142-302, "MAIN USES," AND PERMITTED, DISTRICT " BY CLARIFYING COND!TI()NJl\L USES IN PARKING proposed ordinance would reducing or in~l'inn set a Commission Memorandum Setting of the Public Hearing: Parking District #5 -Sunset Harbour Neighborhood October 24, 2012 Page 2of 3 Development of slightly larger projects would be required to provide parking; however, these particular projects would be permitted to pay a fee-in-lieu of providing parking on site. Large developments in excess of 15,000 square feet would continue to be required to provide parking on-site or within 500 feet. The cutoff for the parking reduction is 3,500 square feet per business, with a maximum aggregate of no more than 10,000 square feet of total area for one building. Similar thresholds apply to restaurants. On January 18, 2012, the Land Use and Development Committee recommended that an ordinance be forwarded to the Planning Board that included the following: • Within the Sunset Harbour neighborhood, eliminate parking requirements for restaurants of 100 seats or less, and up to 3,500 sq. ft., and for retail stores up to 3,500 sq. ft. • Requirement for Conditional Use for alcoholic beverage establishments greater than 1 00 restaurant seats or 125 person patron occupancy content. • Requirement for Conditional Use for main use parking garages in 1-1 district. • Consideration of permitting the satisfaction of required parking through the payment of a fee in-lieu of parking for developments of <1 0,000 sq. ft. of new construction .. ANALYSIS Past discussions have focused on steps that can be taken to lessen the intensity of uses within the Sunset Harbor neighborhood including the 1-1 and CD-2 districts in order to limit negative impacts of the businesses in the neighborhood. One way to do this that was identified by Planning Department staff is to encourage commercial uses that are compatible with the residential edge around the district. Those uses that are compatible with the residential edge, such as offices, dry cleaners, small coffee shops and small restaurants enhance the neighborhood by providing services nearby and avoiding the use of a car to take care of these common, everyday necessities. Other uses that are compatible with residential uses are retail stores, newspaper stands, among others, and the existing grocery stores-Publix and the just completed Fresh Market. Current regulations permit these types of neighborhood businesses, but parking continues to be a problem. Reductions in parking requirements would encourage these types of uses. In past discussions, the Commission has directed staff to look into the potential for such parking reductions, which could be similar to the parking districts currently existing for Lincoln Road, 41st and 71 5t Streets. Now that the City parking garage in the Sunset Harbour neighborhood is operational, the capacity and usage of the new garage can be examined. This type of parking district program is designed to encourage desirable uses that are compatible with the neighborhood's scale, while not at the same time permitting overdevelopment of large, impactful projects that might be out of scale with the area. Parking Districts 2, 3 and 4 (Lincoln Road, 41st and 71 5t Streets) were intended to attract retail and restaurant uses to these busy commercial corridors. They are effective because of the large amount of public parking in close proximity to these areas. Therefore, although retail and commercial uses are not required to provide parking, customers may easily find parking in the nearby public parking lots or garages. Note that these parking districts do not exempt residential or office uses from meeting parking requirements, as they have a different parking characteristic from retail. Persons shopping and dining tend to come and go throughout the day and evening, while office employees tend to stay parked all day long, and residents must find parking nearby each evening. Nevertheless, an initiative to reduce parking requirements could be focused upon 154 Commission Memorandum of the Public Hearing. Distnct #5 -Sunset Harbour Neighborhood October 2012 Page 3 of 3 combination of uses that the wishes to encourage in this area. held a to this Planning Board proposal would Harbour neighborhood into an attractive, low 2 to 0·24-12\Sunset Harbor District 5 ·PH MEMO.docx 155 RESOLUTION A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE CITY CODE CHAPTER 130, "OFF- STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO. AMENDING SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO.5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142-483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1-1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142-302, "MAIN PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," AND SECTION 142-305, "PROHIBITED USES/' BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5. WHEREAS, Land and Development Committee has examined the Sunset Harbour neighborhood past several and WHEREAS, it been determined that it is in best interests the City to encourage within Harbour area an environment for neighborhood nnc>n'"'"' pedestrian sca:1ea commercial development to take place: and WHEREAS, amending Parking Requirements of the Land Development Regulations of the City Code the Sunset Harbour is neighborhood would such commercial development; and WHEREAS, the proposed Ordinance the Planning Board, which at its June 2 public hearing recommended by a vote 5-0 the Commission adopt such ordinance amendment NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Commission authorize the setting of a public hearing on November 14, 2 to consider the proposed amendment to the Development Regulations City PASSED ATTEST: CITY CLERK --------' 2012. MAYOR APPROVED AS FORM AND LANGUAGE & TION orney ~ 0-24-12\Sunset Harbor Parking District 5-PH RESO.docx 156 PARKING DISTRICT NO. 5-SUNSET HARBOUR ORDINANCE NO. ____ _ 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 "DISTRICT; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO.5; AMENDING SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO. 5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142-483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1-1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142-302, "MAIN PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," AND SECTION 142-305, "PROHIBITED USES," BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Sunset Harbour neighborhood, as delineated by the boundaries in this ordinance is a neighborhood in transition from the light industrial uses that originally occupied the area, to an area of mixed uses; and WHEREAS, is it is desirable to lessen the intensity of the uses in this area in order to provide uses that are compatible with the residential aspect of the neighborhood; and WHEREAS, the purpose of this regulation is to provide incentives for a low-scale, neighborhood friendly development where people and commerce can exist side-by-side; and WHEREAS, the required parking as currently established in the Land Development Regulations of the City Code is one of the obstacles to promote a better quality of life to the residents of the area and to a more pedestrian-friendly neighborhood; 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. 1 of 5 157 SECTION 1. Chapter 130, "Off-Street Parking," Article II "District Requirements," Section 130-31 "Parking Districts Established," is hereby amended by creating a new Parking District No. 5, as follows: Sec. 130-31.-Parking districts established. (a) For the purposes of establishing off-street parking requirements, the city shall be divided into fGYf five parking districts. * * * .(§) Parking district No. 5-Sunset Harbour Neighborhood. Parking district No. 5 includes those properties generally bounded by Purdy Avenue on the west. 201h Street on the north. Alton Road on the east and Dade Boulevard on the south. SECTION 2. Section 130-33 "Off-Street Parking Requirements for Parking Districts 2, 3, and 4," is hereby amended as follows: Section 130-33. Off-Street Parking Requirements for Parking Districts 2, 3, aRd 4 and 5. !g). Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3 ... aA4 4 and § accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off-street parking requirement for uses in this parking district except for those listed below: * * * (b) Except as otherwise provided in these land development regulations. when any building or structure is erected or altered in Parking District No. 5. off-street 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 in Section 130-32. (1) Restaurant with alcoholic beverage license or other establishment for consumption of food or beverages: No parking requirement for an individual establishment of less than 1 00 seats that does not exceed 3.500 square feet of floor area. Otherwise. 1 parking space per 4 seats and 1 parking space per 60 square feet of floor area not used for seating shall be required. Establishments with more than 100 seats and an occupancy load in excess of 125 persons shall be subject to the Conditional Use procedures in Section 118-193 of the City Code. (2) Retail store, or food store, or personal service establishment: There shall be no parking requirement for individual establishments of 3.500 square feet or less. This may apply up to a total aggregate square footage of 10.000 square feet per development site. An establishment over 3.500 square feet (or over a total aggregate over 10.000 square feet) shall provide one space per 300 square feet of floor area for retail space that exceeds 3.500 square feet of floor area. 2 of5 158 (3) Developments of less than 10.000 square feet of new construction or uses that exceed the maximum described sizes in (b) (1) and (2): Parking may be satisfied by paying an annual fee in lieu of providing the required parking in an amount equal to 2% of the total amount due for all the uses within the proposed building. For new construction that is between 10.000 to 15.000 square feet. a one-time fee shall be paid prior to the issuance of the building permit. New construction that is greater than 15.000 square feet shall provide all the required parking on site. (4) Removal of existing parking spaces. No existing required parking space may be eliminated. except through the provisions of Section 130-35. or through the payment of the one-time fee in lieu of providing the parking in effect at the time. which shall be paid prior to the approval of a building permit. provided such elimination of parking spaces does not result in an FAR penalty (exceeding permitted floor area ratio). (5) Aee!Jsaeilftv. This reg1::1lation shall be aeelieel to projests not vet iss1::1eel a final Cer:tifisate of Oss1::1pansv that have an 1::1ne*pireel land 1::1se boarel ele'lelopiTlent approval. and to e*isting b1:1sinesses that have a valiel b1::1siness ta* receipt prior to the effestive elate ( ) of this orelinance. SECTION 3. Chapter 142, "Zoning Districts And Regulations," Section 142-483, "Conditional Uses" in the 1-1, Urban Light Industrial District is hereby amended as follows: Section 142-483. Conditional uses. The conditional uses in the 1-1 urban light industrial district are: * * * (13) Main use parking garages: (14) Restaurants with alcoholic beverage licenses {alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the Fire Marshall) in excess of 125 persons and a floor area in excess of 3.500 square feet. Section 4. Chapter 142, "Zoning Districts And Regulations," Section 142-302, "Main Permitted Uses" in the CD-2, Commercial Medium Intensity District, is hereby amended as follows: Sec.142-302.-Main permitted uses. The main permitted uses in the CD-2 commercial, medium intensity district are commercial uses; apartments; apartment/hotels; hotels; and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter (alcoholic beverages). 8af&; elanse halls, or enter:taini'Tlent establishi'Tlents (as elefined in sestion 114 1 of this Code) 3 of 5 159 are prohibited on properties generally boblnded by Pblrdy Avenble on the west, 20th Street on the north, Alton Road on the east and Oade 8obllevard on the soblth. Parking restrictions- Except as otherwise provided in these land development regulations, when any building or structure is erected or altered within the CD-2 commercial medium intensity district. on properties in the Sunset Harbour neighborhood generally bounded by Purdy Avenue. 20th Street. Alton Road and Dade Boulevard the parking restrictions in Section 130-33(b) for Parking District No. 5 shall apply. Section 5. Section 142-303, "Conditional Uses," in the CD-2 Commercial Medium Intensity District, is hereby amended as follows: Sec. 142-303. -Conditional uses. The conditional uses in the CD-2 commercial, medium intensity district in the Sunset Harbour neighborhood. generally bounded by Purdy Avenue. 20th Street. Alton Road and Dade Boulevard are: Main use parking garages; Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the Fire Marshall) in excess of 125 persons and a floor area in excess of 3.500 square feet: adult congregate living facilities; funeral home; nursing homes; religious institution; pawnshops; video game arcades; public and private institutions; schools; any use selling gasoline; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. Section 6. Section 142-305, "Prohibited Uses," in the CD-2 Commercial Medium Intensity District, is hereby amended as follows: Sec. 142-305.-Prohibited uses. The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor bar counters, except as provided in this division. Except as otherwise provided in these land development regulations. prohibited uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood. generally bounded by Purdy Avenue. 20th Street. Alton Road and Dade Boulevard. also include outdoor entertainment establishment: neighborhood impact establishment; and open air entertainment establishment. Section 7. Repealer All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. 4 of5 160 Section 8. Applicability Properties that a pending application for a building permit as of June 2012 shall be allowed to obtain building permit without being subject conditional use requirements of this ordinance. Section 9. 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 the City of Miami as amended; that of this Ordinance may re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 10. Severability. If section, subsection, clause or provision this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 11. Date. This Ordinance shall take ten following PASSED this __ day Reading:November 14, 2012 Second Reading: December 1 2012 Verified Richard G. Lorber, AICP Acting _____ ,201 MAYOR APPROVED TO FORM AND LANGUAGE FOR EXECUTION F:\T_Drive\AGENOA\2012\10w24~12\Sunset Harbor Parking District 5-PH ORO.docx 5 of 5 161