92-2779 Ordinance
ORDINANCE NO.
92-2779
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 3, ENTITLED "DEFINITIONS," AMENDING
SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY ADDING A
DEFINITION FOR "PROVISIONAL PARKING LOTS";
2. AMENDING SECTION 7, ENTITLED "PARKING REGULATIONS,"
AMENDING SUBSECTION 7-5, ENTITLED "DESIGN STANDARDS" BY
ADDING REGULATIONS FOR "PROVISIONAL PARKING LOTS";
AND,
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE, PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Miami Beach continues to gain popularity as a destination for dining,
entertainment and general tourism; and
WHEREAS, many of the people who visit this City choose to come by private
automobile; and
WHEREAS, the availability of commercial and non-commercial parking is becoming
increasingly difficult to find in certain areas; and
WHEREAS, the design standards for permanent and temporary parking lots are
restrictive and costly; and
WHEREAS, said standards make the construction of a parking facility to be used for
eighteen months or less, cost prohibitive; and
WHEREAS, the amending of these standards in the Zoning Ordinance could make the
construction of provisional parking lots, which would operate for periods not to exceed
eighteen months, feasible; and
WHEREAS, the construction of Provisional Parking Lots would help to ease the
immediate parking shortage in our community.
NOW, THEREFORE BE IT RESOLVED, that the Zoning Ordinance of the City of
Miami Beach be amended, as set forth, herein:
Underlined area = new language
Strike O\:lt = deleted language
SECTION 1. That Subsection 3-2, entitled "Terms Defined," of Section 3, entitled
"Definitions," of Zoning Ordinance No. 89-2665 is hereby amended as follows:
3-2 TERMS DEFINED
* * *
PARKING LOT. PROVISIONAL: A parking lot designed and authorized to be used for
a period of time shorter than that permitted for a Temporarv Parking Lot (see Section
7-51.)
* * *
SECTION 2. That Subsection 7-5, entitled "Design Standards," of Section 7, entitled
"Parking Regulations," of Zoning Ordinance No. 89-2665 is hereby amended as follows:
7-5 DESIGN STANDARDS
* * *
I. Provisional Parking Lot Standards. When permitted. the following standards are
established for Provisional Parking Lots:
.L. Provisional Commercial or non-commercial Parking Lots mav be ooerated
in the CDI-3 (Commercial. Low to High Intensitv) Districts. I-I (Light
Industrial) District. and MXE (Mixed Use Entertainment) District. These
Lots may be ooerated indeoendent of a orimarv Use. One Sign oer
Street frontage is oermitted. The maximum size of each Sign shall be
five (5) SQuare feet oer Fiftv (50) feet of Street frontage. not to exceed
twenty (20) SQuare feet.
2. Provisional Parking Lots shall be brought to Grade with a dust-free
surface of no less than two inches of crushed rock. Prior to the issuance
of an Occuoational License for a Provisional Parking Lot. the Aoolicant
shall submit a plan which addresses the regular maintenance and
watering of the oarking. and landscaoed surfaces: said olan shall be
aooroved bv the Planning and Zoning Deoartment and monitored for
comoliance.
3. Should the City Manager find that the ooeration of a Provisional Parking
Lot has an adverse effect on the welfare of surrounding orooerties. he
may revoke the license pursuant to the orocedures set forth in Section 20-
27 of the Miami Beach City Code uoon 48 hour written notification to
the Aoolicant.
4. Use of Provisional Parking Lots shall not be for oarking which is
reQuired bv the Zoning Ordinance.
5. Provisional Parking Lots shall not be oermitted to exist for a period of
time greater than one (I) year from the date of Certificate of
Comoletion. Certificate of Occuoancv. or Occuoational License issuance
(whichever occurs first) regardless of ownershio. At the end of this
oeriod. if the Lot continues to be used for the ourooses of oarking. a
temoorarv or oermanent Lot shall be constructed in conformity with the
Zoning Ordinance: however. an Aoolicant may reQuest one extension of
time for a period not exceeding six (6) months from the Planning and
Zoning Director. Anv further extension of time is orohibited.
6. If the Lot is not ooerated on a valet basis. then all oarking soaces shall
be marked bv painted lines or curbs or other means to indicate individual
soaces and wheel stoos shall be orovided. Vehicles shall not back out
onto any Street. The size of the oarking soaces. back-out areas and
exit/interior drives shall not have dimensions less than those reQuired in
Section 7-5.A-D of the Zoning Ordinance. Lots ooerated on a valet basis
shall have wheel stoos at the edge of the oarking surface. All wheel stoos
reQuired in this su bsection shall be olaced no less than four (4 ) feet a wa v
from each other.
7. There shall be a 2 ft. 6 in. wide. landscaoed area bordering the surfaced
area along all orooertv lines. All landscaoed areas shall utilize St.
Augustine Grass or olanted material acceotable to the Planning and
Zoning Deoartment. A two and one half (2112) foot high hedge shall be
placed along all orooertv lines facing a Street. Water for irrigation shall
be available within fifty (50) feet of alllandscaoed areas. A hose bib or
an in-ground system is acceotable.
8. Prior to the issuance of a Building Permit. the Planning and Zoning
Deoartment shall aoorove the Site Plan and landscaoing. Prior to the
issuance of an Occuoational License. the Department shall approve the
olacement of landscaoing.
9. Surface storm water drainage shall be aooroved bv the Public Works
Director.
l.Q.. No variances shall be granted from the reQuirements of this Section.
l.L. At the time the Provisional Parking Lot ceases to exist. all crushed rock
material shall be removed within thirty (30) days and reolaced with sod
and/or landscaoing as determined acceotable bv the Planning and Zoning
Deoartment. This orovision shall not aoolv to existing lots where crushed
rock was legally in place at the time of the oassage of this ordinance.
2
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. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith repealed.
SECTION 5. SEVERABILITY. If any section, subsection, clause or prOVlSlon of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DA TE. This Ordinance shall take effect on the
of March , 199
28th
day
PASSED and ADOPTED this
1992.
18th
March
ATTEST:
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CITY CLERK
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First Reading: 3/4/92
Second Reading: 3/18/92
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fORM APPROVED
LEGAL DEPT.
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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./f~.'L
DATE:
MARCH 18, 1992
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Carla Bernabei TaIa~
City Manager
TO:
SUBJECT:
PROPOSED AMENDMENT TO ZONING ORDINANCE 89-2665 - CREATING
. PROVISIONAL PARKING LOTS AS A PERMITTED USE -SECOND READING
THE REOUEST
The City Administration, through the Planning and Zoning Department, is requesting
consideration of an amendment to the Zoning Ordinance which would allow for Provisional
Parking lots as a permitted use. Under this amendment, said parking lots would be constructed
under certain design standards as proposed to be provided for in the Ordinance. These lots
would be permitted to exist for a period of time not to exceed one year from the date of
Certificate of Completion, Certificate of Occupancy or Occupational License; however, after
a period of one year, an applicant could request one extension of time for a period not
exceeding six (6) months from the Planning and Zoning Director, therefore, allowing for total
period of 18 months for such a facility. No further extension of time would be allowed.
Unlike permanent parking lots which may exist indefinitely and temporary parking lots as
defined by the City's Zoning Ordinance to exist for three (3) years with a possible maximum
extension of two (2) additional years, the Provisional Parking lot would provide needed parking
on a much shorter term basis by creating design standards that are less restrictive than the
other two types of parking lots, as defined. Accordingly, the construction of these lots should
be much more cost effective and feasible. If this amendment to the Ordinance is adopted; it
is anticipated that several of these lots could be constructed in a relatively short period of time
throughout the City (particularly in the South Beach area where they are most needed).
At the first reading of this Ordinance by the Commission, the wording of Section 7-5.1.2 was
further amended to clarify the issue of regular maintenance and watering of the parking and
landscaped surfaces. This revised wording has been incorporated into the Ordinance.
BACKGROUND
The City Administration has been working with several business groups in the City of Miami
Beach to address the parking needs for our community. It has become apparent, particularly
in our discussions with the Ocean Drive Association and it's Parking Task Force that there is
a need for an immediate short term solution to our shortage of parking in the South Beach area.
Due to the fairly stringent parking design standards set forth in the Zoning Ordinance relative
to permanent and temporary parking lots any property owner or business entrepreneur who
wishes to provide temporary parking for a period of less than the 3-5 years as prescribed under
the temporary parking provisions would find such an exercise to be non-cost effective and
therefore economically unfeasible. As now required in the Ordinance, temporary parking lots
are to provide no less than one (1) in. of asphalt over a 4 in. limerock base. Additionally, for
a 5 ft. wide landscaped area bordering the entire property line and a surface water drainage
system are required. It should be noted that this landscaping requires not only the planting of
grass, but a 2-1/2 ft. high hedge along the side and rear property lines and a minimum of two
canopy trees for every 50 ft. of frontage on a street or alley.
In the Administration's discussions with the Ocean Drive Task Force, it became clear that, as
a part of a larger packa.ge of parking reforms in the City, it would be prudent to provide fo.' 53
. .
AGENDA
ITEM
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DATE
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less restrictive standards on parking lots that existed for shorter periods of time--defined here
not to exceed 18 months. The Ordinance has been reviewed and approved by the Ocean Drive
Parking Task Force and it is believed that it will serve to encourage parking lot development
in the South Beach area and elsewhere in the City where parking may become a critical need.
At the January 28, 1992 meeting of the Planning Board, a vote of 6-1 was taken in favor of
recommending approval of this amendment to the Ordinance.
PROPOSAL SUMMARY
The Provisional Parking Lot Design Stan,dards as recommended are fairly self-explanatory.
They are best comprehended in the context of comparing them with the temporary parking lot
standards as provided for under Sub-section 7-5H of the Zoning Ordinance. Key elements of
the amendment are as follows:
A. Provisional commercial or non-commercial parking lots may'be operated in the
CDI-3 (Commercial, Low to High Intensity) Districts, the I-I (Light Industrial)
District and the MXE (Mixed Use Entertainment) District.
B. Signage shall be limited to one sign per street frontage, not to exceed 20 sq.ft. per
sign (calculated at 5 sq.ft. for 50 ft. of street frontage).
C. Provisional Parking Lots shall be brought to grade with a dust free surface of
no less than two (2) in. of crushed rock.
D. The applicant shall submit a plan for such a parking lot which addresses the
regular maintenance and watering of the parking and landscaped surfaces.
(Note: this Sub-section has been reworded in response to the Commission request
at First Reading that regular maintenance of the lot surface be included in the
Ordinance).
E. The City Manager may revoke the license 'of a provisional parking lot if it is
determined that it has an adverse affect on the welfare of surrounding
properties; said revocation shall be made upon 48 hour written notification to
the applicant.
F. Provisional Parking Lots shall not be utilized to meet the parking requirements
of the Zoning Ordinance.
G. Said lots shall not be permitted to exist for a period greater than one year (after
this one-year period, the applicant may request from the Planning and Zoning
Director one extension of time for a period not to exceed an additional 6
months); after cessation of use, crushed rock shall be removed and replaced with
sod.
H. The parking area shall be surrounded by 2-1/2 ft. wide landscaped area along'
all property lines; there shall be a 2-1/2 ft. high hedge placed along all property
lines facing a street. All other landscaped areas shall utilize, at a minimum, St.
Augustine grass. The landscape plan shall be approved by the Planning and
Zoning Department.
I. Surface storm water drainage shall be approved by the Public Works Director.
J. No variances shall be granted from the standards and requirements of this
Section.
ADMINISTRA TION RECOMMENDATION
The Administration believes that this amendment can provide real relief to the stringent design
standards established for permanent and temporary parking facilities and that these
regulations can assist the City in the short term to partially meet its parking shortfall in those
areas that need parking most. The guidelines have been prepared in a manner that will provide
adequate protection to surrounding properties and ensure the development of parking facilities
that are relatively attractive.
In view of the above findings and Planning Board's affirmative recommendation the
Administration recommends that the City Commission approve this amendment to Zoning
Ordinance 89-2665 on second reading.
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