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93-2882 Ordinance ORDINANCE NO. 93-2882 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 7, "PARKING REGULATIONS" , AMENDING SUBSECTION 7-1, ENTITLED "PARKING DISTRICTS ESTABLISHED" BY ADDING GENERAL PROVISIONS WHICH ELIMINATE THE REQUIRED PARKING FOR MAIN OR ACCESSORY USES ASSOCIATED WITH EXISTING BUILDINGS LOCATED WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT OR A LOCAL HISTORIC DISTRICT; AMENDING SUBSECTION 7-7, ENTITLED "PARKING IMPACT FEE PROGRAM" BY AMENDING THE FEE AND THE PROCESS BY WHICH THE FEE IS ESTABLISHED, CLARIFYING THE PAYMENT FOR THE REMOVAL OF EXISTING PARKING SPACES, AND PROHIBITING THE USE OF THE PARKING IMPACT FEE TO SATISFY MORE THAN 50% OF THE REQUIRED PARKING FOR NEW DEVELOPMENT; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is a need to increase parking impact fees for larger projects in order to be commensurate with current costs associated with the construction of parking facilities; and WHEREAS, in order to encourage historic preservation, there should no longer be parking requirements for existing buildings within the Architectural District or a Local Historic District; and WHEREAS, in order to alleviate anticipated parking shortages, new commercial projects outside of the Architectural District or a Local Historic District should provide at least one-half of the required parking on-site or within 1200 linear feet; and WHEREAS, based upon an on-going analysis of the City's overall parking needs, the City Administration recommends adoption of the provisions set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Sub-Section 7-1, entitled "Parking Districts Established", of Section 7, "Parking Regulations" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 7-1 GENERAL PROVISIONS AND PARKING DISTRICTS ESTABLISHED For the purpose of establishing Off-Street Parking requirements, the City of Miami Beach shall be divided into the following parking districts: A. Parking District No. 1 - Parking District No. 1 is that area not included in Parking District No.2. B. Parking District No. 2 - Parking District No. 2 includes those properties with a Lot Line on Lincoln Road from the west side of Washington Avenue to the east side of Alton Road. 1 ~ There shall be no Off-Street Parking requirement for Main or Accessory Uses associated with existing Buildings which are located within the Miami Beach Architectural District or a Local Historic District. This provision shall not apply to renovations and new additions to existinq Buildinqs which create or add floor area and to new construction which has a parkinq requirement. SECTION 2. That Sub-Section 7-7, entitled "Parking Impact Fee Program", of section 7, "Parking Regulations" of zoning Ordinance No. 89-2665, is hereby amended as follows: 7-7 PARKING IMPACT FEE PROGRAM Where there is inadequate area available on-site , or at a location within 1200 feet of the site, for providing some or all of the parking spaces required by this Ordinance for a given Use, the parking requirement may be fulfilled by payment of an impact fee instead, as provided herein. In no instance shall the substitution of an impact fee result in the construction of a new residential Development which provides less than one (1) parking space per unit and any other type of new construction development which provides less than fifty percent (50%) of the required parkinq. New construction of commercial development and Residential additions to existinq buildinqs whether attached or detached from the main structure within the Miami Beach Architectural District or a Local Historic District mav fully satisfY the parking requirement bY participation in the Parkinq Impact Fee Proqram pursuant to Sub-Section 7-7. A.1 below. A. Fee Calculation. 1. New Construction The impact fee shall satisfied by a one-time payment at the time issuance of a Building Permit of $5000. $10.000 space not provided. assessed as follows: be of per % of Fee No. of Required spaces not per space orovided a. 50% 1-69 soaces b. 60% 70-89 snaces c. 1.Ql 90-109 snaces d. 80% 110-129 snaces e. 90% 130-149 snaces f. 100% l50 or more snaces The or 3uch amount of said fee may be chanqed as shall be determined in accordance with Section 7-7 A.h) for each Required I'arlcing space not provided. 2. Existing structures When al teration or rehabilitation of a Structure, results in an increased parking demand requirement, regardless of the value of the work, the impact fee shall be satisfied by one of the following: a. A one time payment as set forth in Subsection 7-7,A.1 above, or 2 b. A yearly payment in the amount of 6% of the payment required by Subsection 7-7,A.1 which shall continue as long as the Use exists. (The amount of said payment may vary from year to year in accordance with the determination set forth in Subsection 7-7,A.~~.) However, in lieu of continued yearly payments, a one- time redemption payment may be made at any time of the full amount due pursuant to Subsection 7-7,A.1; said amount shall be based upon the latest determination made pursuant to Subsection 7-7 ,A..L..~ as of the time of the redemption payment rather than upon the amount which would have been due if the fee had been paid at the time the work was done, regardless of the number of yearly payments made previously. However, when New Floor Area is added to the existing Building, the impact fee shall be as set forth in section 7-7, A-I above. ~ Removal of existing parking spaces - Whenever an existing required parkinq space is removed or eliminated for any Buildinq outside the Architectural District or a Local Historic District or for newly constructed Buildinqs or additions within the Architectural District or a Local Historic District which received a buildinq permit after October 1. 1993. a parkinq impact fee shall be required if a replacement parkinq s~ace is not ~rovided on site or within 1.200 feet of the site. Said fee shall be satisfied as set forth in Sub- section 7-7. A.2 above. .L..30 The amount determined to be the City's total averaqe cost for land acquisition and construction of one parking space shall be determined by the Board of Adjustment yearly and shall be based upon data aupplicd by thc various City departmenta invol.v.cd ,..ith said construction; the figurc shall bc revised as need bc from time to time. evaluated yearl y by the Planninq and Zoninq Director based upon city of Miami Beach averaqe real estate sale prices and the U.S. Department of Commerce Construction Price Index for South Florida. If determined necessary. the fee structure shall be amended in accordance with section 14. Chanqes and Amendments of this Ordinance. * * * SECTION 3. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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. Ordinances repealed. REPEALER. That all Ordinances or parts of in conflict herewith be and the same are herewith SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 3 SECTION 6. EFFECTIVE DATE. This Ordi nee shall take effect on the 1st day of October, 1993. PASSED and ADOPTED this 1993. ATTEST: ~~~ ~,~ ciTY CLERK 1st reading 10/6/93 2nd reading MHF\Disk#3\PARKINGO.93Aug3 20th FORM APPROVED LEGAL DEPT. ,..--:-0 By .J C)) Date q~ 2.')~ fs 4 , --'" CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 57~--q3 TO: Mayor Seymour Gelber and Members of the City Commission DATE: October 20, 1993 FROM: Roger M. Carlton /J .. / ~ City Manager ~'tt~ SUBJECT: AMENDMENT TO ZONING ORDINANCE NO. 89-2665 RELA nVE TO AMENDING SECTION 7, PARKING REGULATIONS - SECOND READING ADMINISTRA nON RECOMMENDA nON The City Administration recommends that the City Commission, upon holding a public hearing and due consideration, adopt on second reading the proposed amendment to the Parking Regulations section (Section 7) of Zoning Ordinance 89-2665 BACKGROUND As part of an on-going analysis of the City's overall parking situation, the City Administration has identified the need to further amend the Parking Regulations Section of the Zoning Ordinance. The proposed Ordinance would eliminate the parking requirement for main or accessory uses associated with existing buildings within the Miami Beach ArchitecturalDistrict and Local Historic Districts. The amendment would also change the Parking Impact Fee Program and the process by which the fee is established. Furthermore, the amendment would also clarify the payment of impact fees for the removal of existing parking spaces and prohibit the use of the Parking Impact Fee to satisfy more than 50% of the required parking for new development other than residential construction, outside of the Architectural District. The Planning Board, at its meeting of August 3, 1993, voted 4-2 to recommend approval of the proposed amendment to the Ordinance. The City Commission, at its meeting of October 6, 1993, voted 6-0 to adopt on first reading, said Ordinance. ANALYSIS The attached Ordinance identifies the proposed new Sections of the Zoning Ordinance. The underlined portions are those that would be added to the existing Ordinance and the struck through portions are those that would be deleted. To assist in the review of the proposed amendments, the following provides a brief explanation of each Sub-Section: ~ Section General Title ~ Exolanation 7-IC General Prov isions New language eliminates the off-street parking requirement for main or acces~;ory uses '~ssociated with existing buildings which are located within the Miami Beach Architectural District or a Local Historic District. A change of use associated with existing buildings would also not have a parking requirement, regardless of whether or not said new use creates a more intensive utilization of the 116 AGI~~~~ - 3 - r< OATE~_ property. Any new construction or rehabilitation that creates new floor area with a parking requirement is not proposed to be included in this provision and would be required to physicaIly provide parking or make a payment into the Parking Impact Fee Program. 7-7 Parking Impact Fee Program 1,2 Clarifies the requirement for new residential development that one parking space per unit must be provided on-site or within 1200 linear feet and the remaining parking requirement may be satisfied through the Parking Impact Fee Program. Any other type of development, including commercial, retail, office etc., must provide at a minimum 50% of the parking requirement on-site or within 1200 linear feet of the site. Here again, the remaining parking requirement could be satisfied by participation in the Parking Impact Fee Program. The second paragraph to this section excludes the Miami Beach Architectural District or a Local Historic District from these provisions. In essence, new construction of commercial development and residential additions to existing buildings whether attached or detached from the main structure would be able to satisfy all of the parking requirement by paying into the Parking Impact Fee Program. Any new construction would not be required to provide new off-street parking spaces in conjunction with the new use. 7-7A Parking Impact Fee Calculation 2 This Sub-Section changes the base impact fee for new construction from $5,000 to $1 0,000 for each required parking space not provided with a sliding percentage scale for projects having a parking shortfaIl of less than 150 spaces. A new ta ble outlines the percentage of the fee per space as determined by the number of required parking spaces not provided. Fifty percent of the Parking Impact Fee is assessed for new construction which does not provide up to 69 of the required parking spaces. All of the fee is assessed for new development that does not provide 150 or more of the required parking spaces. For example, a new development is assessed a parking requirement of 400 spaces and 375 spaces are provided. The fee would be calculated at 50% for the 25 spaces that are not provided or 25 x $5.000 = $125.000. With the same scenario of 400 assessed required parking spaces, but only 200 spaces provided. the fee would be calculated at 100% for the 200 spaces that are not provided or 200 x $10.000 = $2 million. The remaining change to the Section refers to a new Sub-Section 7-7 A.4 where the base fee may be changed which is discussed later in this report. 7-7.A.3 Fee Calcula tion- 3 Removal of spaces Proposed new language that clarifies the removal of existing required parking spaces for any building outside of the Architectural District or a Local Historic District would require a Parking PB(disk #2):1157com.93 2 117 Impact Fee be paid, unless a replacement parking space is provided on-site or within 1200 linear feet of the site. For newly constructed buildings or additions within the Architectural District or a Local Historic District which received a building permit after October 1, 1993, a Parking Impact Fee would also be assessed for the removal of required parking spaces unless a replacement space is provided on-site or within 1200 linear feet. The fee would be satisfied as set forth in Sub-Section 7- 7A.2. Since the parking requirement for existing buildings in the Architectural District and the Local Historic Districts is proposed to be eliminated, these building could remove existing required parking spaces without paying a Parking Impact Fee. However, new construction tha t creates new floor area would still be required to pay the Parking Impact Fee as described in Sub- Section 7-7. 7-7 A.4 Fee Determination and Amendment 3 New Language that places the initial determination for the dollar amount to construct a parking space within the jurisdiction of the Planning and Zoning Director. The evaluation would be on an annual basis relying upon the City of Miami Beach average real estate sale prices and the U.S. Department of Commerce construction Price Index for South Florida. If determined necessary, a change in the fee structure would be proposed as an amendment to the Zoning Ordinance and proceed through the amendment process as prescribed by Section 14 of said Ordinance. Presently, the Board of Adjustment, in conjunction with data supplied by various City Departments involved with said construction, has the responsi bili ty of determining the cost on a yearly basis. FISCAL IMP ACT A fiscal impact analysis on this amendment to the Parking Regulations Section of the Zoning Ordinance was initially done on January 4, 1993 (see attached). As an update to that report, the following information is provided. Said amendment would effectively eliminate Parking Impact Fee Program payments in the Architectural District for existing buildings. Since this program's participants are continuously changing due to business openings and closings, it is impossible to ascertain the precise fiscal impact this amendment would have on the City. Furthermore, as the economic revitalization of this area has continued to expand, the parking impact fee revenues have grown commensurately. Nonetheless, the following figures provide some insight into the loss of parking impact fee revenues which would occur with the effective termination of this program for existing buildings in the Architectural District. For purposes of analysis, accounts 201, 208, 210, 212 and 213 have been examined for the fiscal year just ending (see attachment I). Total revenues for this area, which approximates the boundaries of the District, were $382,944 excluding interest earned on this and prior years' payments. Of this amount, $67,864 represented payments for new construction, leaving a total of $315,080 as yearly payments for existing buildings. If the Ordinance is adopted, the loss of revenue to the Parking Impact Fee Program accounts in the Architectural District would be in the $300,000 range for FY 93/94, everything being equal. The Administration believes that this loss will be substantially offset by increased parking impact fees for new construction in the District, as well as by higher parking meter rates already instituted for the area. PB(d;sk '2):1157com.93 3 118 CONCLUSION Staff of the Planning, Design and Historic Preservation Division had previously voiced its concern relative to the removal of parking requirements for existing buildings in the Architectural District and the Local Historic Districts, regardless of change in use. It was their belief that there is a risk that some of the existing required parking space may be eliminated over time, thereby, potentially exacerbating the parking problems in these areas. A similar concern had also been expressed regarding new construction in these same areas to meet all of its parking requirements through payment into the Parking Impact Fee Program, rather than physically providing some or all of the required spaces. Notwithstanding the above, the Administration and staff recognize the conflicting goals of preserving the unique scale and character of the affected historic districts and the provision of much needed parking for these areas. On balance, we have concluded that the historic preservation goal must take precedence. The City Administration is confident that the Parking Department is making real progress towards making available a significant number of new parking spaces in the Architectural District, the primary area of concern. Creative public/private partnerships in the development of new garages, the re-designing of existing facilities and new public management techniques to use underutilized public parking spaces are all moving forward to address the need for increased parking capacity in the South Beach area. We also believe that negative fiscal impact will be offset by parking impact fees generated for new construction, as well as the higher parking meter rates already established in the District. Accordingly, the Administration has concluded that the City Commission should adopt, on first reading, these amendments to Zoning Ordinance No. 89-2665. DJG:MHF:ml cc: John Dellagloria, Chief Deputy City Attorney 119 PB(disk _2):11S7com.93 4