2004-3463 Ordinance
ORDINANCE NO. 2004-3463
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "LAND
DEVELOPMENT REGULATIONS," OF THE CITY CODE; DIVISION
7. "CCC, CIVIC AND CONVENTION CENTER DISTRICT," BY
CREATING A NEW SECTION 142-368 ENTITLED "OFFsITE
PARKING," PROVIDING THAT REQUIRED PARKING PROVIDED
FOR USES IN THIS DISTRICT, LOCATED OFF-SITE PURSUANT
TO SECTION 130-36, SHALL NOT BE INCLUDED IN PERMITTED
FLOOR AREA WHEREVER LOCATED; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND EFFECTIVE
DATE.
WHEREAS, as provided in City Code Sections 142-361 and -362, the purpose of
the CCC District is for "the facilities necessary to support the convention center," and the
district allows as main permitted uses: "parking lots, garages, performing arts and
cultural facilities; hotel; merchandise mart; commercial or office development; landscape
open space; parks, [and] any use not listed above shall only be approved after the City
Commission holds a public hearing"; and
WHEREAS, the City desires to ensure that adequate parking is provided for
projects and uses in the CCC, Civic and Convention Center District; and
WHEREAS, one of the mechanisms for providing adequate parking is through
the off-site parking provisions in section 130-36 of the City Code; and
WHEREAS, such off-site parking may be provided in the CCC district, or outside
the CCC district, as long as the distance requirements of section 130-36 are satisfied,
Le., 500 feet from the subject property, or 1,200 feet if the subject property is located
within the architectural district or a local historic district; and
WHEREAS, in order to ensure the provision of required parking for projects in
the CCC district, and in order not to penalize property owners who may offer space for
parking for projects in the CCC district, such parking will be treated as if the parking
were located on the subject property which the parking would serve, Le., that the
required parking will not be counted as part of the permitted floor area of the property
where the parking is located.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, Zoning Districts and Regulations, Division 7, CCC Civic
and Convention Center District, is hereby amended by adding a new Section 142-368,
Offsite parking, as follows:
Sec. 142-368. Off-site parkina.
Reauired parkina provided for performina arts and cultural facilities in this district.
located off-site pursuant to section 130-36, shall not be included in permitted floor area
wherever located. includina outside of this district.
Sections 142-368 ~- 142-390. Reserved.
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.
PASSED and ADOPTED this 10th day of
,2004.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days fOllowing
First Reading: October 10, 20
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
;WJ~
% City Attorney
10- ~<; - ()"!
Date
Verified by:
Underscore de otes new language
Strikothrough denotes deleted language
F:lattolHELGIOrdinanceslCCCICCC parking ordinance.doc
F:IPLANI$PLBldraft ordinancesl20041CCC parking ordinance draft cc rev.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Amend the CCC, Civic and Convention Center District regulations providing that required parking provided
for uses in this district, located off-site, shall not be included in permitted floor area wherever located.
Issue:
Should the regulations in the CCC District be amended to allow the required parking for civic and cultural
institutions, when located in off-site facilities not to be included in the floor area calculations of the building
providinQ such spaces?
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the proposed ordinance.
Adviso Board Recommendation:
September 28. 2004 the Plannina Board made a motion to recommended approval of the proposed
ordinance with the following modifications made by the Board:
1. As modified by Planning staff, the ordinance should exclude from this provision hotels, merchandise marts,
commercial or office development, and should only be applicable to performing arts and cultural facilities and
other public facilities.
2. The Planning Board also suggested that the City Commission ensure that there would be parity in parking
rates for performances of the NWS.
3. The Board also suggested that proper signage for NWS and the off-site parking facility should eventually
be included in the new wayfinding signage system.
The vote was 3 in favor and 1 against (three members absent). Since four votes in favor are required to
adopt the motion, it did not receive the necessary votes; however, it was the sentiment of the majority of
those present that this proposed amendment should go forward and be reviewed by the Commission.
September 27.2004. the Transportation and ParkinQ Committee discussed the New World Symphony
project and approved a motion that encourages the City to go forward with building the largest garage that
makes economic sense, as well as encouraging PLC Investments to build a garage to accommodate NWS
re uired arkin at its ex ense.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Ci Clerk's Office Le islative Trackin
Jorge Gomez
Assistant City Manager
City Manager
AGENDA ITEM
DATE
R5F-
11-10-0<(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.mlamlbeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: November 10, 2004
From:
Jorge M. Gonzalez ~ c...r-'
City Manager JoY" 0
Second Readina Public Hearina
Subject:
CCC, Civic and Convention Center District regulations regarding required parking.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT
REGULATIONS," OF THE CITY CODE; DIVISION 7. "CCC, CIVIC AND
CONVENTION CENTER DISTRICT," BY CREATING A NEW SECTION
142-368 ENTITLED "OFFSITE PARKING," PROVIDING THAT REQUIRED
PARKING PROVIDED FOR USES IN THIS DISTRICT, LOCATED OFF-
SITE PURSUANT TO SECTION 130-36, SHALL NOT BE INCLUDED IN
PERMITTED FLOOR AREA WHEREVER LOCATED; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance.
BACKGROUND
This ordinance was introduced to the Planning Board at the August 24, 2004 meeting
during the presentation of the concept plan for the New World Symphony Sound Space
project (NWS). At that time the Board endorsed the revised plan and also agreed that the
removal of 175 parking spaces from site would reduce the bulk of the parking structure, and
that relocating those spaces to another site would improve the project. The Board also
made it very clear that it was not commenting at the time on the merits of the proposal to
allow the required parking for the NWS to be relocated off-site, and not have this excess
parking included in permitted floor area, wherever located.
At the September 8, 2004 City Commission meeting, the Commission referred the
proposed ordinance to the Planning Board for its review and recommendation. The referral
was made with no supposition of support or opposition to the proposed ordinance.
ANALYSIS
The genesis of this proposed ordinance is the planning associated with the proposed
SoundSpace facility to be built jointly by the City and the New World Symphony.
Commission Memorandum
November 10, 2004
CCC, Civic and Convention Center District regulations
Page 2
SoundSpace and related support structures, including the garage, are to be situated on the
surface parking lot west of Drexel Avenue; a park and function/performance space area is
to occupy the lot east of Drexel Avenue. The main entrance lobby and drop-off area would
be on Drexel Avenue, with support and classroom space occupying the south side of the
lot. The garage would be located on the west side of the lot, with entrance and egress
located on Pennsylvania Avenue. In order enhance the facility's visibility from Lincoln Road
and the surrounding area, the main entrance is characterized by a 65-75 ft-high glass tower
referred by the designer as a reader tower. The plan also calls for Drexel Avenue to
meander eastward into the Park between Lincoln Lane and 1 ih Street, which provides a
unique opportunity to integrate Drexel Avenue into the design of Soundspace, creating the
feeling of a true public plaza and providing the ability to close the street during certain park-
related events.
Much of the planning discussions have focused on the garage component of the project
and the size and massing of the facility. Given the City's mandate to maximize the number
of parking spaces, and minimize any net loss of parking (506 existing parking spaces on
site), the parking structure in the new concept models is comprised of 5 levels (4 + roof
level), containing 644 spaces. This would provide approximately 476 spaces of
replacement parking and 175 spaces of required parking for the Soundspace project. The
proposed parking structure, which would front Pennsylvania Avenue, may be reduced in
massing by scaling back the north and south side of the structure, reducing approximately
175 spaces, to provide for a reduced parking garage mass, with approximately 476 spaces.
In an effort to reduce the massing, an alternative proposal was proffered by the Cejas
family to accommodate the required 175 parking spaces for the NWS within the proposed
420 Lincoln Road project. This would provide the opportunity for the City/NWS to scale
back the parking structure, and in turn provide landscaping opportunities and enhance the
visual corridor between the Convention Center area and Lincoln Road. Additionally, Mr.
Cejas has proposed and agreed to fund the capital cost of the NWS required parking, if
such an arrangement would not adversely impact the floor area ratio (FAR) of his project..
This would also address any concern with the City participating in the cost of the NWS
required parking.
As a result, City staff and the City Attorney's office evaluated the Land Development
Regulations of the City Code and determined that an amendment would be required to
address the placement of the NWS required parking within an off-site location (the Cejas
project) without adversely impacting that project's FAR.
Section 130-36 of the City Code contains provisions for providing required parking off-site
within a certain distance of the site through the use of covenants in lieu of unity of title. A
new development may satisfy its parking requirements with parking spaces located within
500 feet of the development, or 1,200 feet in a historic district. The proposed ordinance
provides that when a public project in the CCC zoning district utilizes the off-site parking
provisions to satisfy parking requirements, the parking shall not count towards FAR at the
site the parking is located.
Commission Memorandum
November 10, 2004
CCC, Civic and Convention Center District regulations
Page 3
Currently, required parking does not count towards FAR, but excess parking does carry the
FAR penalty. The effect of the ordinance would be to allow off-site parking to be provided
near public projects in the area of the Convention Center, and not have the parking count
toward FAR for the site containing the parking. In this way, a new development could
provide excess parking to be used by the public facility, and not have the excess parking
affect their FAR for their project.
A note of caution is appropriate, as the proposal could have the potential to cause
unwanted increases in bulk and building massing for the projects providing the excess
parking. If more parking is provided than normally would be supplied, it may cause the
parking pedestal of the project to be larger and bulkier than normal. While, this is partially
mitigated by the fact that excess parking is desirable to alleviate chronic parking shortages,
it is very important that there is strict compliance with design review/historic preservation
guidelines and goals, in order to mitigate any potential for oversized parking pedestals or
unwanted bulk and building massing. To this end, a recommendation was made to the
Planning Board that hotels, merchandise marts, commercial, or office developments be
excluded from this provision.
PLANNING BOARD ACTION
At the September 28, 2004 meeting of the Planning Board, a motion was made and
seconded to recommended approval of the proposed ordinance to the City Commission
with the following modifications made by the Board:
1. As modified by Planning staff, the ordinance should exclude from this provision
hotels, merchandise marts, commercial or office development, and should only be
applicable to performing arts and cultural facilities and other public facilities.
2. The Planning Board also suggested that the City Commission ensure that there
would be parity in parking rates for performances of the NWS.
3. The Board also suggested that proper signage for NWS and the off-site parking
facility should eventually be included in the new wayfinding signage system.
The vote was 3 in favor and 1 against (three members absent). Since four votes in favor
are required to adopt the motion, it did not received the necessary votes; however, it was
the sentiment of the majority of those present that this proposed amendment should go
forward and be reviewed by the Commission.
TRANSPORTATION AND PARKING COMMITTEE (TPC)
On Monday, September 27,2004, the TPC discussed the New World Symphony project
and approved a motion that encourages the City to go forward with building the largest
garage that makes economic sense, as well as encouraging PLC Investments to build a
garage to accommodate NWS required parking at its expense. On October 4, 2004 the
TPC reviewed the Planning Board results and were apprised this matter would be
presented to the Mayor and City Commission on October 13, 2004.
Commission Memorandum
November 10, 2004
CCC, Civic and Convention Center District regulations
Page 4
FISCAL IMPACT
This proposal is an enabling ordinance and has no associated negative fiscal impact upon
enactment.
CITY COMMISSION ACTION
At the October 13, 2004 City Commission meeting, the Commission approved the
proposed ordinance on first reading with a modification that indicates that only performing
arts and cultural facilities in the CCC district will be able to avail themselves of this
provision. The Commission also requested that when the required covenant between the
properties affected is brought to the Commission for approval, that the plans and
elevations for the facility at the 420 Lincoln Road site be also submitted.
Additionally, the Commission directed the Administration to explore the possibility of
maximizing the number of parking spaces at the 1 ih Street site and also explore whether
there may be different viable parking alternatives.
CONCLUSION
Pursuant to Section 118-164(3), when a request to amend these land development
regulations does not change the actual list of permitted, conditional or prohibited uses in a
zoning category, the proposed ordinance may be read by title or in full on at least two
separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance by an affirmative vote of five-sevenths of all members of the City
Commission.
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T:\AGENDA\2004\Nov1004\Regular\1691 - CCC prk&FAR ord.doc
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami
~each, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, November 10, 2004, allhe times listed below 10 consider Ihe following:
a111:oo a.m.:
AN ORDINANCE AMENDING ORDINANCE NUMBER 20D3-3411 BY AMENOING THE RESTRICTIONS ON THE LOCATIONS
WHERE PANHANDLING IS PROHIBITED AND PRDVIOING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
Inquiries may be directed to the Legal Department at (305) 673-7470.
aI11:15a.m.:
AN ORDINANCE AMENDING DRDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY OROINANCE, BY ESTABLISHING
THE CLASSIFICATIONS OF FIELO INSPECTOR I, FIELD INSPECTOR II AND PARKING DISPATCHER IN GROUP IV, BEING
THOSE CLASSIFICATIONS COVEREO BY THE COMMUNICATION WORKERS OF AMERICA (CWA), LOCAl 317B;
TRANSFERRING THE TITLES OF THE CLASSIFICATIONS OF BACKFLOW COORDINATOR, CARPENTER SUPERVISOR,
CENTRAL SERVICES SUPERVISOR, LEAO MECHANiC, SANITATION OPERATIONS SUPERVISOR, SERVICE SUPERVISOR, AND
911 COMMUNICATIONS RECORDS CUSTODIAN FROM GROUP VI, BEING OTHER ClASSIFICATIONS IN THE CLASSIFIED
SERVICE NOT COVERED BY A BARGAiNING UNIT, TO GROUP V, BEING THOSE CLASSIFICATIONS COVERED BY THE
GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OPEIU LOCAL 100; PROVIDING FOR A REPEALER,
SEVERABILITY, EFFECTIVE DATE ANO CODIFICATION.
al 11:16 a.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 1605, UNCLASSIFIED EMPLOYEES SALARY ORDINANCE, ESTABLISHING THE
CLASSIFICATIONS OF COOE COMPLIANCE DIVISION DIRECTOR, CULTURAL FACILITIES MANAGER, FIELO MONITOR,
GEOGRAPHIC INFORMATION SYSTEM ANALYST, HUMAN RESOURCES & RISK MANAGEMENT DIRECTOR, NEIGHBORHOOD
SERVICES PROJECTS ADMINISTRATOR AND SENIOR MANAGEMENT ANALYST; AMENOING THE TITLES OF THE
CLASSIFICATIONS OF BEACH PATROL CAPTAIN TO OCEAN RESCUE DIVISION CHIEF, FIELO INSPECTOR TO FIELD
SUPERVISOR, MANAGEMENT & BUDGET OIRECTOR TO BUDGET & PERFORMANCE IMPROVEMENT DIRECTOR, AND RIGHT
OF WAY SUPERVISOR TO RIGHT OF WAY MANAGER; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE; AND ;
PQOIFICATION.
aI11:17 a.m.: .
AN ORDiNANCE AMENDING ORDINANCE NO. 1335, THE clASslFlED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE
PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL ANO SICK LEAVE FOR THE FRATERNAL OROER OF POLICE
(FOP), THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), AND CLASSIFIED EMPLOYEES NOT COVERED BY A
BARGAINING UNIT ANO KNOWN AS THE GROUP "OTHERS" PROVIDING FOR A REPEALER, SEVERABILITY, COOIFICATION,
AND AN EFFECTIVE OATE.
aI11:IBa.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 1613, THE UNCLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDiNG
THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE; PROVIDING FOR A REPEAlER,
SEVERABILITY, CODIFICATION, ANO AN EFFECTIVE DATE.
Inquiries may be directed to Human Resources at (305) 673-7524.
aI11:30 a.m.:
AN ORDINANCE AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; DIVISION 7. "CCC,
CIVIC ANO CONVENTION CENTER DlSTRiCT,"BY CREATING A NEW SECTION 142-368 ENTITLED "OFFSITE PARKING," .
PROViDiNG THAT REQUIRED PARKING PROVIDED FOR USES IN THIS DISTRICT, LOCATEO OFF-SITE PURSUANT TO
SECTION 130-36, SHALL NOT BE INCLUOED IN PER MiTrED FLOOR AREA WHEREVER LOCATED; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND EFFECTIVE OATE.
a15:01 p.m.:
AN ORDINANCE AMENDING THE LANO OEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING OISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3,
"RESIOENTIAL MULTIFAMILY DISTRICTS," SU8D1VISION II, "RM-l RESIOENTIAL MULTIFAMILY LOW INTENSITY,"
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY MEOIUM INTENSITY," AND DIVISION 15, "TH TOWN HOUSE I
RESIDENTIAL DISTRICT, "BY AMENDiNG SECTION 142-156, SECTION 142-218 ANO SECTION 142-606, RESPECTIVELY, TO
ESTABLISH REVISED STANDAROS FOR PARKING LOT SETBACK REQUIREMENTS WHEN THERE IS AN APPROVED STREET
IMPROVEMENT PLAN THAT INCORPORATES A PUBLIC-PRIVATE PARKING AGREEMENT WITH THE CITY; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE OATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
a15:05 p.m.:
AN ORDINANCE AMENOING THE LAND OEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 118, "AOMINISTRATION AND REVIEW PROCEDURES," ARTICLE XI, "NEIGHBORHOOD
CONSERVATION DISTRICTS," BY CREATING A NEW SECTION 118-708, ENTITLEO "ENFORCEMENT OF NCD REGULATIONS
AND CRITERIA; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS ANO APPROVALS," PROVIDING FOR CODIFICATION;
REPEAlER; SEVERABILITY; ANO AN EFFECTIVE DATE.
,f1Quiries may be directed 10 the Planning Oepartment at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in
writing addressed to Ihe City Commission, c/o the City Clerk, 1700 Gllnvention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be continued and under such circumstances additionallegai notice would nat
be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the publiC that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, informalion on access for persons with
disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please
contact (305) 604-2489 (voice), (305) 673-7218 (TTY) five days in advance to inrtiate your request. m users may also
call 711 (Florida Relay Service).
(Ad #0285)