HomeMy WebLinkAboutBIE - Administrative Review of Temporary Surface Parking Lots (4/1/2026)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: April 22, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
ADMINISTRATIVE REVIEW OF TEMPORARY SURFACE PARKING LOTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE BY AMENDING CHAPTER 2,
ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE V, ENTITLED
“REZONINGS AND DEVELOPMENT APPROVALS,” SECTION 2.5.3, ENTITLED “DESIGN
REVIEW,” SUBSECTION 2.5.3.3 THEREOF, ENTITLED “ADMINISTRATIVE DESIGN
REVIEW,” TO EXTEND THE PLANNING DIRECTOR’S AUTHORITY TO ADMINISTRATIVE
REVIEW OF ELIGIBLE TEMPORARY SURFACE PARKING LOTS; BY AMENDING ARTICLE
XIII, ENTITLED “HISTORIC PRESERVATION,” SECTION 2.13.7 THEREOF, ENTITLED
“ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION,” TO EXPAND
ADMINISTRATIVE REVIEW AUTHORITY FOR TEMPORARY SURFACE PARKING LOTS; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
☐ The proposed Ordinance relates to the issuance or refinancing of debt;
☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
☐ The proposed Ordinance is an emergency ordinance;
☐ The Ordinance relates to procurement; or
☐ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
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Business Impact Estimate
Page 2
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
A summary of the proposed ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the ordinance, as well as in the recitals
to the ordinance itself, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 P
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:March 18, 2026 10:35 a.m. First Reading Public Hearing
TITLE:ADMINISTRATIVE REVIEW OF TEMPORARY PARKING LOTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE BY
AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES,” ARTICLE V, ENTITLED “REZONINGS AND DEVELOPMENT
APPROVALS,” SECTION 2.5.3, ENTITLED “DESIGN REVIEW,” SUBSECTION
2.5.3.3 THEREOF, ENTITLED “ADMINISTRATIVE DESIGN REVIEW,” TO EXTEND
THE PLANNING DIRECTOR’S AUTHORITY TO ADMINISTRATIVE REVIEW OF
ELIGIBLE TEMPORARY SURFACE PARKING LOTS; BY AMENDING ARTICLE
XIII, ENTITLED “HISTORIC PRESERVATION,” SECTION 2.13.7 THEREOF,
ENTITLED “ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION,” TO EXPAND ADMINISTRATIVE
REVIEW AUTHORITY FOR TEMPORARY SURFACE PARKING LOTS; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for April
22, 2026.
BACKGROUND/HISTORY
On July 23, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred
a discussion item pertaining to the administrative review of temporary surface parking lots (C4 K)
to the Land Use and Sustainability Committee (LUSC). On September 11, 2025, the LUSC
discussed the proposal and recommended that the City Commission refer an ordinance to the
Planning Board, in accordance with the draft text in the LUSC memo, and the following
amendments:
1. Areas outside of historic districts shall be included under staff level design review approval.
2. The proposed ordinance shall not apply to properties in historic districts where a contributing
building was demolished after January 1, 2025.
3. The timeframe for the temporary parking lots shall be consistent with the timeframes set forth
in Chapter 5 of the Resiliency Code (5 years with up to a 5 year extension).
On December 17, 2025, at the request of Commissioner Alex Fernandez, the City Commission
referred the proposed ordinance to the Planning Board (C4B).
ANALYSIS
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The attached draft ordinance amends Chapter 2 of the Land Development Regulations of the City
Code (LDRs), in accordance with the recommendations of the LUSC, by establishing procedures
for the administrative review of temporary surface parking lots. Currently, temporary parking lots
require the review of the design review board or historic preservation board, depending on the
location of the property. The following is a summary of the proposed amendments that are specific
to administrative review of temporary surface parking lots:
The proposed temporary parking lot must be consistent with all applicable requirements set
forth in Chapters 4 and 5 of the LDRs.
The proposed temporary parking lot shall only be permitted for up to five years from the date
a certificate of completion, temporary certificate of completion, certificate of occupancy or
temporary certificate of occupancy, whichever occurs first, is issued.
The historic preservation board or design review board, as applicable, may, at its sole
discretion, allow up to an additional five years for the temporary parking lot to operate.
The property owner shall be required to execute a restrictive covenant, in a form approved by
the City Attorney, agreeing to all the temporary lot requirements set forth in the ordinance.
The covenant would also require that the applicant agree not to invoke or utilize any
preemptions from the State, both now and at any time in the future, that would allow for the
use of the temporary parking lot beyond the allowable operation period set forth in the
ordinance (maximum period of ten years if extensions are granted).
Within local historic districts, temporary parking lots would only be permitted on a property
that has been vacant prior to January 1, 2025 and temporary parking lots would not be
permitted on a property where a contributing building was demolished after January 1, 2025.
From an urban design and appropriateness standpoint, surface parking lots are not the best use
of a property, particularly over the long term. In this regard, surface parking lots, even those
intended to be temporary in duration, often end up operating for extended periods of time, as they
are an inexpensive way to monetize a property. Also, surface parking lots tend to multiply, which
exacerbates the urban design shortcomings associated with the use. Over the long term, the
storage of vehicles is better suited within enclosed structures, above the ground floor.
Notwithstanding these issues, surface parking lots are currently permissible in commercial zoning
districts in the City, and the proposal herein would apply the same 5-year (with up to a 5-year
extension) timeframe for temporary lots that currently exists for surface lots that require land use
board review. Also, existing landscape and surface finish requirements for temporary parking lots
would still be applicable. Given these existing regulations and design standards, the
Administration does not object to the proposal moving forward.
PLANNING BOARD REVIEW
On February 3, 2026, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
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FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule Second Reading of the ordinance for April 22, 2026.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
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)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
NR- 10:35 a.m. 1st Rdg, Administrative Review of Temporary Parking Lots. (Fernandez) PL 5/7
Previous Action (For City Clerk Use Only)
Not reached on 2/25/2026 - R5 E
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Administrative Review of Temporary Surface Parking Lots
ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH , FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE V,
ENTITLED "REZONING$ AND DEVELOPMENT APPROVALS,"
SECTION 2.5.3, ENTITLED "DESIGN REVIEW," SUBSECTION 2.5.3.3
THEREOF, ENTITLED "ADMINISTRATIVE DESIGN REVIEW," TO
EXTEND THE PLANNING DIRECTOR'S AUTHORITY TO
ADMINISTRATIVE REVIEW OF ELIGIBLE TEMPORARY SURFACE
PARKING LOTS; BY AMENDING ARTICLE XIII, ENTITLED "HISTORIC
PRESERVATION," SECTION 2.13.7 THEREOF, ENTITLED "I SSUANCE
OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," TO
EXPAND ADMINISTRATIVE REVIEW AUTHORITY FOR TEMPORARY
SURFACE PARKING LOTS ; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, temporary surface parking lots are subject to the applicable requirements set
forth in the Lan d Development Regulations of the City Code (LDRs) and are a permitted use in
commercial zoning districts with in the City ; and
WHEREAS , the City Commission at its July 23, 2025 meeting referred an item to the Land
Use and Sustainability Committee (the "LUSC") at the request of Commissioner Alex J .
Fernandez to consider amendments to the LDRs to allow for administrative review and approva l
of temporary surface parking lots in historic districts; and
WHEREAS, the LUSC at its September 11, 2025 meeting returned the referral item to the
City Commission with a favorable recommendation , with an additional recommendation that
temporary lots only be permitted on a lot vacant before January 1, 2025, and not be permitted
where a contributing building was demolished prior to or after that same date; and
WHEREAS, in response to the LUSC 's favorable recommendation , procedures have been
proposed for the administrative review and approval of temporary surface parking lots; and
WHEREAS, the City Commission finds that administrative review will facilitate a more
streamlined review process for temporary surface parking lots and will provide additional
opportunities for off-street parking facilities in the City; and
WHEREAS, the amendments set forth below are necessary to achieve these objectives .
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH , FLORIDA.
SECTION 1. Chapter 2, entitled "Administration and Review Procedures ", Articl e V , entitled
"Rezonings and De velopment Approvals ", Section 2.5.3 , entitled "Design Review", is hereby
amended as follows:
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CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE V. Rezonings and Development Approvals
* * *
2.5.3 Design Review
* * *
2.5.3.3 Administrative design review
* * *
a. The planning director shall have the authority to approve, approve with conditions, or deny
an application on behalf of the board , for the following:
* * *
13. Temporary surface parking lots, as more specifically defined in Chapter 5, provided
such lots satisfy the following requirements:
A The proposed temporary parking lot shall meet all applicable requirements set forth in
Chapters 4 and 5.
B . The proposed temporary parking lot shall only be permitted for up to five years from the
date on which a certificate of completion, temporary certificate of completion, certificate
of occupancy or temporary certificate of occupancy, whichever occurs first. is issued.
The design review board may, at its sole discretion, allow up to an additional five years
for the temporary parking lot to operate. In no instance shall the temporary parking lot
operate for more than ten years from the date on which a certificate of completion,
temporary certificate of completion, certificate of occupancy or temporary certificate of
occupancy, whichever occurs first. is issued.
C. The property owner shall execute a restrictive covenant. in a form approved by the C ity
Attorney, agreeing to all of the conditions set forth herein and further agreeing,
voluntarily, not to invoke or avail itself of any right to tolling or extensions of permits or
other authorizations provided in section 252.363, Florida Statutes, as may be amended
from time to time, or other applicable law, which could otherwise allow for the use of the
temporary parking lot for more than ten years from the date on which a certificate of
completion, temporary certificate of completion, certificate of occupancy or temporary
certificate of occupancy, whichever occurs first. is issued.
SECTION 2. Chapter 2 , entitled "Administration and Review Procedures", Article XII I, entitled "Historic
Preservation", Section 2.13.7, entitled "Issuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition", is hereby amended as follows:
CHAPTER 2 . ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE XIII. Historic Preservation
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* * *
2.13. 7 Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of
Appropriateness for Demolition
* * *
c . Review procedure.
* * *
4. Notwithstanding subsections 2.13.7(c)(1) through (3) above, all applications for
certificates of appropriateness involving minor repairs , demolition , alterations and
improvements (as defined below and by additional design guidelines to be adopted by
the board in consultation with the planning director) shall be review ed by the staff of
the board. The staff shall approve , approve with conditions , or deny a certificate of
appropriateness or a certificate to dig after the date of receipt of a completed
application . For purposes of this paragraph , the application requirement of certificate
of appropriateness review shall be satisfied by the submission of a corresponding
building permit application , or such other permit application form requi red by the
planning department. Such minor repairs , alterations and improvements include the
following :
* * *
M. Temporary surface parking lots, as more specifically defined in Chapter 5, provided
such lots satisfy the following requirements :
I. The proposed temporary parking lot shall meet all applicable requirements set
forth in Chapters 4 and 5.
II. The proposed temporary parking lot shall only be permitted on a lot that is both
currently vacant and has been continuously vacant since prior to January 1,
2025, and shall not be permitted on any lot where a contributing building was
demolished after January 1, 2025.
Ill. The proposed temporary parking lot shall on ly be permitted for up to five years
from the date on which a certificate of completion, temporary certificate of
completion, certificate of occupancy or temporary certificate of occupancy,
whichever occurs first, is issued. The historic preservation board may, at its sole
discretion, allow up to an additional five years for the temporary parking lot to
operate . In no instance shall the temporary parking lot operate for more than ten
years from the date on which a certificate of comp letion, temporary certificate of
completion, certificate of occupancy or temporary certificate of occupancy,
whichever occurs first, is issued.
IV. The property owner shall execute a restrictive covenant, in a form approved by
the City Attorney, agreeing to all of the conditions set forth herein and further
agreeing, voluntarily, not to invoke or avail itself of any right to tolling or
Page 3 of 4
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extensions of permits or other authorizations provided in section 252 .363,
Florida Statutes, as may be amended from time to time, or other applicable law,
which could otherwise allow for the use of the temporary parking lot for more
than ten years from the date on which a certificate of completion, tempo rary
certificate of completion, certificate of occupancy or temporary certificate of
occupancy, whichever occurs first, is issued .
SECTION 3. 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 4. CODIFICATION .
It is the intention of the City Commission , and it is hereby orda i ned that the provisions of
this ordinance shall become and be made part of t he Code of the Cit y of Miami Beach as
amended ; that the sections of this ordinance may be renumbered or relettered t o accomplish such
intention ; and that the word "ord inance" may be changed to "sectio n" or other ap propriate word .
SECTION 5. SEVERABILITY.
If any section , subsection , clause or pro visi on of t his Ordinance is held invalid , the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE,
This Ordinance shall take effect ten days follow ing adoption .
PASSED AND ADOPTED this __ day of ________ , 2026 .
ATTEST:
Steven Meiner, Mayo r
Rafael E. Granado, City Clerk
First Reading : February 5, 2026
Second Reading : April 22 , 2026
Verified by: __________ _
Thomas R. Mooney, AICP
Planning Director
Page 4 of 4
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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City Attorne y ~(J
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Date
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