R5A-Parking District No 5 - Sunset HarbourCOMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment creating Parking District #5 in the Sunset
Harbour area and modifying the types of uses allowed in the 1-1 Urban Light Industrial District and the
CD-2 Commercial Medium Intensity District.
Ke Intended Outcome Su orted:
Neighborhood satisfaction and Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc More than half of all residential responden
55%, su ested the effort ut forth b the Cit tore ulate develo mentis "about the ri ht amount."
Issue:
The proposed ordinance would amend the parking requirements in the Sunset Harbour neighborhood,
reducing or eliminating required parking for small commercial businesses. It would also set a lower
threshold for Neighborhood lmapct Establishments, requiring Planning Board review of restaurants
over 150 seats (currently review is for 300 seats or more).
The Administration recommends that the City Commission approve the Ordinance on First Reading
and set a Second Reading Public Hearing for December 12, 2012.
Board Recommendation:
At the June 26, 2012 meeting, the Planning Board recommended that the City Commission approve
the ro osed ordinance b a vote of 5-0 two members absent .
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact
upon the resources of the City at this time.
MIAMI BEACH
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AGENDA ITEM _R_S_,....;...A~
DATE u-tY-12
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the Cityfommission
Kathie G. Brooks, Interim City Manager ¢' ~
November 14, 2012 / ,~
FIRST READING
SUBJECT: Parking District #5-Sunset Harbour Neighborhood
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. 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.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on First Reading and set a Second Reading Public Hearing for
December 12, 2012.
BACKGROUND
The proposed ordinance would amend the parking requirements in the Sunset Harbour
neighborhood, reducing or eliminating required parking for small commercial business.
It would also set a lower threshold for Neighborhood lmapct Establishments, requiring
Planning Board review of restaurants over 150 seats (currently review is for 300 seats or
more). The reduction of parking requirements is necessitated by the extreme difficulty of
actually providing parking on-site within this constrained neighborhood. The policy of
reducing parking requirements for small businesses is warranted now that the Sunset
Harbour garage is operational. This garage will provide adequate infrastructure parking
to support the surrounding neighborhood's burgeoning growth of small, resident-oriented
businesses.
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Commission Memorandum
Parking District #5 -Sunset Harbour Neighborhood
November 2012 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
100 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 recently completed Fresh Market.
Current regulations permit these types of neighborhood businesses, but satisfying parking
requirements continues to be a problem. Reductions in parking requirements would
encourage these types of uses and result in new development that is more compatible with
this urban, pedestrian friendly neighborhood. 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 5 t 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
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Commission Memorandum
Parking District #5-Sunset Harbour Neighborhood
November 2012 3of 3
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
any combination of uses that the City wishes to encourage in this area.
PLANNING BOARD REVIEW
On April 24, 2012, the Planning Board held a discussion relative to this ordinance and
provided initial input; overall, the Planning Board concluded that the proposal would be a
good incentive to develop the Sunset Harbour neighborhood into an attractive, low scale,
walking neighborhood.
On June 26, 2012, the Planning Board (by a 5-0 vote) transmitted the Ordinance
Amendment to the City Commission with a favorable recommendation.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance on
First Reading and set a Second Reading Public Hearing for December 12, 2012.
KGB/JGG/RGL
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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.
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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 fGHf 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. 20 1h 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, ami 4
~-
.@2 Except as otherwise provided in these land development regulations, when any
building or structure is erected or altered in parking districts nos. 2, 3 ... af!G 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 100 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 1 00 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.
(21 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.
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(3) Developments of Jess 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 reguired 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) Appl.icabiJ.itv. This regulation shall be applied to projects not yet issued a
fin§lLCertificate of Occupancy that have an unexpired land use board
development approval, and to existing businesses that have a \r'alid
business tax r;egtjpt prior to tt::le effectiw aate ( ) of this ordinance.
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). BafS;
dance halls, or entertainment establishments (as defined in section 114 1 of this Code)
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are prohibited on properties generally bounded by Purdy Avenue on the •.yest, 20th
Street on the north, Alton Road on the east and Dade Boulevard on the south.
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,
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, 20t11 Street 1 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.
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.
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Section 8. Applicability
Properties that have a pending application for a building permit as of June 26, 2012
shall be allowed to obtain such building permit without being subject to the
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 of the City
of Miami Beach, as amended; that the sections of this Ordinance may be 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 any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 11. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _____ , 2012.
ATTEST:
CITY CLERK
First Reading: November 14, 2012
Second Reading: December 12, 2012
Verified By: ------------
Richard G. Lorber, AICP
Acting Planning Director
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MAYOR
APPROVEDASTOFORM
AND LANGUAGE
"AND FOR EXECUTION
·~
NOTI
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission
of the City of Miami Beach, in the Commission Chambers, 3'd Floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on Wednesday, November 14, 2012, to consider the
following:
10:15 a.m.
Parking District No.5-Sunset Harbour Neighborhood
Ordinance Amending The City 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, "C0-2 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.
Inquiries may be directed to the Parking Department (305) 673-7275.
10:30 a.m.
Ground Floor Additions In The Architectural District
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District
Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending
Subdivision V, "RM-3 Residential Multifamily High Intensity," To Create Additional Regulations
Regarding Ground Floor Additions For Properties Located In The Architectural District
Inquiries may be directed to the Planning Department (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o the City Clerk,
1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies
of these items are available for public inspection during normal business hours in the
City Clerk's Office, 1700 Convention Center Drive, I st Floor, City Hall, Miami Beach,
Florida 33139. This meeting may be continued, and under such circumstances additional
legal notice will not be provided.
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to Section 286.01 05, Fla. Stat., the City hereby advises the public that if a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for tile introduction or
admission or otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on
access for persons with disabilities, and/or any accommodation to review any document
or participate in any City-sponsored proceeding, please contact us five days in advance
at (305) 673-7 4 i 1 (voice) or m users may also call the Florida Relay Service at 711.
Ad#753
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