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R5N-Mechanical Parking SystemsCOMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the requirements for Mechanical Parking Systems. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effortput forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify existing requirements for the use of Mechanical Parkign Systems. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014. Advisory Board Recommendation: On September 24, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 6-0. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Off1ce Legislative Trackin Richard Lorber or Thomas Mooney Department Director T:\AGENDA\2014\.January\Mechanical Parking-SUM 1st Read.docx MIAMI BEACH 565 AGENDA ITEM _.:.....R_"S"~fJ,...,....,..... DATE f-(~-~~ ttl MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flori do 33139, www.miamibeachfl.gov COMMISS ON MEMORANDUM TO Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 FIRST READING SUBJECT: Mechanical Parking Systems AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 130 "OFF- STREET PARKING," ARTICLE II "DISTRICTS, REQUIREMENTS," SECTION 130-38, "MECHANICAL AND ROBOTIC PARKING SYSTEMS," BY MODIFYING THE REQUIREMENTS FOR MECHANICAL PARKING DEVICES AND ROBOTIC PARKING SYSTEMS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014. HISTORY At the January 18, 2012 Land Use Committee Meeting, staff was directed to prepare an Ordinance regarding the intensity of mechanical parking systems. The proposed Ordinance was referred to the Planning Board by the Land Use Committee on December 19, 2012 and by the City Commission on February 6, 2013. BACKGROUND In 2008, the City Commission adopted an Ordinance creating regulations, standards and procedures for the use of 'Mechanical Parking Systems'. Over the years, with the availability of land for conventional parking structures becoming less prevalent, more interest has been shown in the use of mechanical parking lifts or robotic type parking systems within parking garages in Miami Beach. Prior to the approval of this Ordiannce, a number of parking workshops were held. One of the chief concerns during these workshops, was the potential of overdevelopment that could result from the use of such mechanical parking systems. The Planning Department has had an ongoing concern regarding the increased density and intensity of development that could occur when parking lifts are used to satisfy the parking requirements for new developments, as the use of lifts can double or triple the amount of dwelling units or commercial floor area of a new development. 566 Commission Memorandum Mechanical Parking Systems January 15, 2014 Page 2of 4 Often, it is the parking requirement that is the limiting factor on new development, where a certain FAR or maximum building height could not be reached without the ability to provide the requisite number of parking spaces. The Department's concern has been that through the use of parking lifts to satisfy parking requirements for new construction, great increases in density and intensity could result. ANALYSIS The proposed revisions to Section 130-38, pertaining to mechanical and robotic parking systems, address two specific issues that have arisen since the original adoption of the Ordinance in 2008. The first issue deals with the use of subterranean parking in conventional, schematic parking diagrams. The second deals with the amount of accessory commercial space required for stand alone mechanical garages. The existing mechanical parking systems Ordinance permits the use of mechanical parking to satisfy off street parking requirements if it does not increase the density and/or intensity of a development project over and above what could have been realized through conventional parking. In order to address this, the existing Ordinance requires that any proposed use of mechanical parking systems to satisfy off-street parking requirements must include two (2) separate schematic floor plans as part of the site plan review process by the applicable land use board. The first set of schematic plans must meet the minimum requirements and design standards of the city code for off street parking, with the total number of parking spaces shown on the plans. The second set of schematic plans must show how the proposed development project would utilize a mechanical parking system to satisfy accessory off-street parking requirements. Attached are illustrations of the parking plans for recently approved development projects at 120 Ocean Drive and 321 Ocean Drive, which have proposed mechanical parking systems and used above grade conventional plans. Both of these projects demonstrate tangible reductions in massing with the use of mechanical parking systems. The purpose of requiring these 2 schematic drawings is to ensure that a property is not over developed by substantiating that required parking can be provided in a conventional manner. Under current code, there are no restrictions or limitations on the use of below grade parking spaces in the first set of schematic plans noted above. However, the use of below grade parking has the potential to artificially inflate the actual ability to provide required off street parking in a conventional manner, as required by the first set of schematic plans. The reason for this is that the practicality of providing one or more sub grade parking levels is highly questionable from a cost feasibility stand point. Attached are illustrations of the parking plans for the Palau Project at 1201-1237 20 1h Street and the Extended Stay Hotel at 1231 17th Street. Both of these projects have proposed mechanical parking systems that use below grade parking levels as part of their conventional parking schematics. The actual bulk and mass of the parking pedestals has not increased with the use of mechanical parking systems, but only because the projects propose to relocate parking that would otherwise have to be located below grade. If some of this parking proposed to be located below grade was required to remain below grade, the bulk of the parking pedestal could have been reduced. In order to address this issue, the proposed Ordinance would allow the first set of schematic plans to include one level of below grade parking spaces, provided such below grade spaces are within the confines of the subject development site, and are not located below City property, adjacent private property that is not part of the development site or any rights-of-way. Additionally, if the first set of schematic plans includes one 567 Commission Memorandum Mechanical Parking Systems January 15, 2014 Page 3 of 4 level of below grade parking spaces, at least 50% of the proposed mechanical system parking spaces must be located below grade. As it pertains to the issue of accessory uses, currently, parking spaces within commercial main use parking garages utilizing mechanical parking may be used to satisfy off street parking requirements for residential or commercial uses required by the Code for activating the first floor and for the cladding of the garage. In order to ensure that the main use of these structures remains a 'main use parking garage', the proposed Ordinance would place limitations on the intensity of these ancillary uses. Specifically, any accessory use within commercial main use parking garages utilizing mechanical parking would not be able to generate an off-street parking requirement in excess of 25% of the total number of spaces in the garage. Staff has also proposed minor text changes pertaining to the review and applicability of mechanical parking systems. These text changes are non-susbstantive and simply clarify that all proposals for a mechanical parking system are subject to the review and approval of the Planning Board. In addition to the proposed revisions drafted by Planning Department Staff, the Planning Board recommended the following modifications, which have been incorporated into the draft Ordinance: • Section 130-38 (5)(h) of the proposed Ordinance was updated by specifying that the findings of the required yearly inspection be summarized in a report signed by a licensed mechanical engineer and that such report be furnished to the Planning Director and the Building Official. The Building Official, via all applicable disciplines (eg, mechanical and electrical) will be able to substantiate the findings of the reports. • Further refinements to Section 130-38 {5)(h) of the proposed Ordinance regarding the inspection process, as well as a requirement for 'load bearing' lift platforms, have been incorporated. Collectively, staff believes that the proposed modifications are fully consistent with the original intent of the ordinance, and are needed in order to ensure that the use of mechanical parking systems is not abused, and does not result in the artificial intensification of a development site. PLANNING BOARD REVIEW The subject Ordinance was first scheduled to be considered by the Planning Board on February 26, 2013, but was continued to a date certain of April 3, 2013, due to the length of the Board agenda. On April 3, 2013 the Board discussed the Ordinance and continued the matter to May 28, 2013, in order for the Ordinance to be revised. On May 28, 2013, the matter was continued to a date certain of September 24, 2013, in order to incorporate further refinements to the Ordinance, as well as provide additional documentation demonstrating reductions in massing with mechanical parking systems. The Planning Board reviewed the proposed Ordinance on September 24, 2013, and recommended approval by a vote of 6 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative 568 Commission Memorandum Mechanical Parking Systems January 15, 2014 Page 4 of 4 actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission: 1) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014. JLMIJGG/RGLJTRM T\AGENDA\2014\January\Mechanical Parking -MEM 1st Read.docx 569 I I J J I ~ J J I I I I I I -'I I I I lciq ~ "' I L ~~~ ~:::c liU> o-i ~,;;o :sl~ •-i I ... ~~~ ,:::0 ~~ .o ., 5 0 :::0 "tl > z 1 .. · •. 1 ,; )> Jli ~ ....... ~ :! 0 ,, 0 ~I 0 0 v ' ·--or--------. ----~ --~ \ <2 ~-r-~ -~-----------· -rn----\-----~------------ -----{=>-=>-------+---+~ ~-\ m \ '~> ALTON COURT () c * ll>l~ll~'~lll' lllll .. . I .. II r-::- I 17 STREET HOTEL I ~~~ 1~111TtHITR5T I!IIAMJ B!W;I1, ~LOfU[}A3:!ol310' I' PINVARB I GROUND f-'LOOR PLAN •• ill II I 570 m ~ :::J a. CD a. 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A-1.3 M co Lt') MECHANICAL PARKING SYSTEMS (As Transmitted by the Planning Board on 9/24/2013) ORDINANCE NO., ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 130 "OFF-STREET PARKING," ARTICLE II "DISTRICTS, REQUIREMENTS," SECTION 130-38, "MECHANICAL AND ROBOTIC PARKING SYSTEMS," BY MODIFYING THE REQUIREMENTS FOR MECHANICAL PARKING DEVICES AND ROBOTIC PARKING SYSTEMS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the regulations governing off-street parking spaces contained in Chapter 130 of the City Code, Sections 130-61 through 130-65 of Article II "Design Standards" delineate the requirements for parking space dimensions and layout; and WHEREAS, mechanical and robotic parking systems are intended to be used within parking garages in order to increase parking capacity in Miami Beach and to provide a more suitable method of providing required parking without increasing the intensity of a development project; and WHEREAS, the City Commission is concerned that the current requirements of the City's mechanical parking systems Ordinance have increased the density and intensity of certain types of development within the City; and WHEREAS, The City seeks to modify the requirements for mechanical and robotic parking systems so that off-street parking requirements may be satisfied in a more appropriate manner as they pertain to the scale, mass, bulk and design of the parking structure, without increasing the intensity of a development project. 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, Article II, "Districts, Requirements," Section 130-38 entitled "Mechanical And Robotic Parking Systems" is hereby amended as follows: Sec. 130-38. Mechanical and Robotic Parking Systems. * * " (3) Exceptions to the mechanical parking prohibition may be permitted considered by the planning board, pursuant to the conditional use process in chapter 118. article IV of the City Code, if the proposed project meets the following conditions: a) Commercial main use parking garages on a separate lot. i) Commercial main use parking garages, open to the public, may utilize mechanical parking devices, robotic parking systems and/or vehicle elevators, subject to all other provisions of Section 130-68. 584 ii) Parking spaces within commercial main use parking garages utilizing mechanical parking may be used to satisfy off street parking requirements for residential or commercial uses required within the building by Section 130-68 for the cladding of such garages, as may be required by the design review procedures. Notwithstanding the foregoing. any accessory commercial use within commercial main use parking garages utilizing mechanical parking shall not generate an off- street parking requirement in excess of 25% of the total number of spaces in the garage. * * * c) Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements. i. Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements shall prepare schematic floor plans prior to site plan review by the applicable land use board. Two sets of schematic floor plans shall be required: 1. One set of schematic plans sufficient to show the proposed development project with accessory and main use off-street parking requirements satisfied by traditional, non-mechanical means, meeting all aspects of the design standards for parking spaces required in Article Ill of Chapter 130, and other provisions of these land development regulations, and requiring no variances from these provisions; and, 2. A second set of schematic plans, sufficient to show the same proposed development project, utilizing mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements. The first set of schematic plans shall be reviewed by Planning Department staff for zoning compliance prior to the site plan review hearing by the applicable land use board. This first set of schematic plans may include one level of below grade parking spaces. provided such below grade spaces are within the confines of the subject development site and are not located below City property, adjacent private property that is not part of the development site or any rights-of-way. If it is determined that these schematic plans meet the requirements of the design standards of the city code, then the total number of parking spaces shown on the plans shall be noted. Henceforth, the project may proceed to site plan approval based on the second set of plans, using mechanical parking. However, if the first set of schematic plans includes below grade parking spaces, at least 50% of the number of below grade parking spaces shown in the first set of plans must be located below grade in the second set of plans utilizing mechanical parking. Further. the allowable residential density, and the intensity of the uses permitted for the proposed project, shall not exceed that which would have been permitted using the number of parking spaces noted on the first set of plans using traditional parking. No variances to these provisions shall be permitted. * * 2 585 * (4) As part of the conditional use review process for the uYse of mechanical parking devices, robotic parking systems and/or vehicle elevators under any of the provisions of this section, shall reqblire csnditienal~;~se approval from the planning eeard. T!he planning board shall consider the following review criteria when considering each application for the use of mechanical parking systems: * * * (b) Whether the proposed use of mechanical parking results in an improvement of design characteristics and compatibility with the surrounding neighborhood and has demonstrated to the Planning Board how the scale. mass. volume and height of the building are reduced by the use of mechanical parking; * * * (5) Mechanical parking systems devices. robotic parking systems and/or vehicle elevators must also satisfy the following conditions: (a) The noise or vibration from the operation of mechanical parking lifts, car elevators, or robotic parking systems shall not be plainly audible to or felt by any individual standing outside an apartment or hotel unit at any adjacent or nearby property. In addition, noise and vibration barriers shall be utilized to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage; (b) For mechanical lifts, the parking lift platform must be fully load bearing. and must be sealed and of a sufficient width and length (minimum of eight feet by 16 feet) to completely cover the bottom of the vehicle on the platform to prevent dripping liquids or debris onto the vehicle below; (c) All free-standing mechanical parking lifts must be designed so that power is required to lift the car, but that no power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outage; robotic garages and vehicle elevators must have backup generators sufficient to power the system; (d) All mechanical lifts must be designed to prevent lowering of the lift when a vehicle is parked below the lift; (e) The ceiling heights of any parking level with parking lifts within the parking garage shall be a minimum of 11 feet by six inches; (f) All parking lifts shall only be operated using a spring loaded underwriters laboratories (UL) approved key switch control. No push button is allowed; (g) All electrical components of the lifts shall be underwriters laboratories (UL) approved; (h) All mechanical parking systems, including lifts, elevators and robotic systems, must be inspected and serviced certified as safe and in good working order by a licensed mechanical engineer at least once per year with an annblal safety and the findings of the inspection shall be summarized in a report signed by a the same licensed mechanical engineer or firm. Such report shall be furnished to the Planning Director and the Building Official; and (i) All parking lifts shall be maintained and kept in good working order. (6) The proposed use of mechanical parking systems. including mechanical parking lifts. robotic parking systems or vehicular elevators. for any type of development or improvement. including. but not limited to vehicle storage, whether proposed under the provisions of section 130-38, or any other section of the City Code, shall require compliance with the provisions of sections 130-38(4) and 130-38(5). and shall require the review and approval of the planning board, pursuant to the conditional use process in chapter 118. article IV of the Code. 3 586 SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same 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 __ day of _______ , 2014. ATTEST: CITY CLERK First Reading: Second Reading: First Reading: January15, 2014 Second Reading: February_, 2014 Verified by: =-----=-------:-----==---......- Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language Strikethro~sh denotes deleted language T:IAGENDA\2014'January\Mechallical Parking-ORD 1st Read.docx 4 587 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION 1-3-(4- Date THIS PAGE INTENTIONALLY LEFT BLANK 588