R5J-Parking District No 5 - Sunset HarbourCOMMISSION ITEM SUMMARY
Gondensed Title:
FirstReadingtoconsideranordinanceAmendmentto
to the sunset provision for Parkinq District No. 5.
lncreasesatisfactionwithneighborhoodcharacter.tn
growth management across the Citv.
Supporting Data (Surveys, Environmentat Sc
businesses rate the etfort put forth by the City to regulate development is "aboutihe riqht amount.,,
lntended Outcome S
The proposed Ordinance amendment would remove the sunset provision for the parking requirements
in Parking District No. 5.
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 attached Ordinance atFirst Reading and schedule a Second Reading Public Hearing for November 1g,2014.
On September 23,2014_the Planning Board reco
vote of 6 to 0 (Planning Board Fite No. 2212).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with charter section 5.02, which requires that the "city of Miami Beach shall considerthe long{erm economic impact (at least 5 years) of proposed legislitive actions," this shall confirmthat the City Administration evaluated the longterm economiC impact (at teast 5 years) of thisproposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Glerk's Office
T:\AGENDA\20'14\october\sunset Harbour parking District 5 - 1st Reading sUM.docx
Thomas Mooney
AGE}.IDA ITEi' R'T
olrre 10-22- l{MIAMIBEACH 393
MIAMI BEACH
City of frliomi 8eoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUB.JECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING CHAPTER {30, "OFF.STREET
PARKING," ARTICLE ll "DISTRIGT; REQUIREMENTS," SECTION 130-33,..OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS
NOS. 2, 3 4, 5 AND 6," BY AMENDING THE SUNSET PROVISION FOR
PARKING DISTRICT NO. 5; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for November 19, 2014.
BACKGROUND
On December 12, 2012, the City Commission adopted an amendment to the Land
Development Regulations, establishing Parking District No. 5 in the Sunset Harbour
area, which reduced or eliminated required parking for small commercial businesses.The subject ordinance also set lower thresholds for Neighborhood lmpact
Establishments (NlE), requiring Planning Board review of restaurants over 100 seats
and/or 125 persons occupancy (the current review threshold city wide is for 300 persons
or more occupancy). On June 5, 2013, the Commission adopted an amendment to
Parking District No. 5, which provided for parking reductions in certain types of 'live-
work' and residential parking uses.
At the time of adoption of the ordinance in 2012, the Commission included a 2 year
sunset provision and made a referral to the Land Use and Development Committee
(LUDC) to review the impact of the ordinance within eleven (11) months of its adoption.
On January 22,2014, staff presented a status report to the LUDC; the LUDC scheduled
another progress report in six (6) months, specifically to address the sunset provision of
the code.
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
Sunset Harbour Parking District 5
f the City
FIRST READING
394
Commission Memorandum
Ordinance Amendment - Sunsel Harbour Parking District 5
October 22, 2014 Page 2 of 2
On September 3, 2014, the LUDC recommended that the sunset provision for Parking
District 5 be removed from the code and that a progress report on the District be
provided within one year.
ANALYSIS
The reduction of parking requirements in the Sunset Harbour area was necessitated by
the extreme difficulty of actually providing parking on-site within this constrained
neighborhood. The policy of reducing parking requirements for small businesses was
warranted given that the Sunset Harbour garage is operational, which has provided
adequate infrastructure parking to support the surrounding neighborhood's burgeoning
growth of small, resident-oriented businesses.
The development of slightly larger projects is still required to provide parking; however,
these particular projects are permitted to pay a fee-in-lieu of providing parking on site.
Large developments in excess of 15,000 square feet 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 not more than 1O,OOO square feet of
total area for one building. Similar thresholds apply to restaurants.
The adopted ordinance included a 'sunset' clause for the reduced parking requirements,
which would apply to any new application submitted more than two (2) years after the
adoption of the ordinance. Specifically, Section 130-33(bX5) states that: "The parking
requirements in this subsection (b) shall only apply to projects that have obtained a
building permit or land use board approval by December 22,2014".
PLANNING BOARD REVIEW
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln 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 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 a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
-feading Public Hearing for November 19, 2014.n4
JLN,':'[/IJlTRM/RAM
T:\AGEilDA\2014\October\Sunset Harbour parking Distric{ 5 - 1st Reading MEM.docx
395
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 MIAM! BEACH, FLORIDA BY AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE ll "DISTRICT; REQUIREMENTS,"
SECTION 130.33, "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICTS NOS. 2, 3 4,5 AND 6," BY AMENDING THE
SUNSET PROVISION FOR PARKING DISTRICT NO. 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 encourage uses that are compatible with the low
scale character of the neighborhood; and
WHEREAS, the required parking established by Parking District No. 5 in the
Land Development Regulations of the City Code has resulted in a better quality of life for
the residents of the area and 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.
SECTION 1. Chapter 130, 'Off-Street Parking," Article ll "District Requirements,"
Section 130-31 "Parking Districts Established," is hereby amended, as follows:
Section 130-33. Off-Street Parking Requirements for Parking Districts 2,3, 4,5 and
6.
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
(b)
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(2)
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 100 seats and an
occupancy load in excess of 125 persons shall be subject to the
Conditional Use procedures in Section 1 18-193 of the City Code.
Retail store, or food store, or personal seruice establishmenf: 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.
Developments of less than 10,000 square feet of new construction or
uses that exceed the maximum described s2es 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 2o/o 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.
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).
The parking requirements in this subseetien (b) shall enly apply te
pre
@
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 re-
numbered or re-lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
SECTION 4. Severability.
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(3)
(4)
(5)
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lf 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.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
First Reading: October 22,2014
Second Reading: Novgmber 19,t2014
Verified By:
, AICP
Planning Director
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