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2004-3464 Ordinance ORDINANCE NO. 2004-3464 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY," AND DIVISION 15, "TH TOWN HOUSE RESIDENTIAL DISTRICT," BY AMENDING SECTION 142-156, SECTION 142-218 AND SECTION 142- 606, RESPECTIVELY, TO ESTABLISH REVISED STANDARDS 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 DATE. WHEREAS, the City of Miami Beach continually seeks to update the requirements of the Land Development Regulations of the Code of the City of Miami; and WHEREAS, the City of Miami Beach has adopted regulations pertaining to the setback requirements for parking lots; and WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance existing procedures and requirements to allowforthe development of parking opportunities in those area where public and private opportunities are hindered by existing conditions; 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. That Section 142-156 of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-156. Setback requirements. (a) The setback requirements for the RM-1 residential multifamily, low density district are as follows: Revised 09/20/2004 Front Side, Side, Facing Rear Interior a Street At-grade parking lot 20 feet 5 feet, or 5% of lot 5 feet, or 5% of lot Non-oceanfront lots--5 feet on the same lot width, whichever is width, whichever is Oceanfront lots--50 feet from exceot where Ic) greater greater bulkhead line below is aoolicable (b) In the RM-1, residential district, the ground floor level of a building when viewed from a street shall be screened or enclosed. The method of screening or enclosure shall be approved under the design review process. (c) In cases where the City Commission approves after public hearinQ a public - private parkina aareement for a neiahborhood based upon an approved street improvement plan. the minimum front yard setback for parkina subiect to the aareement shall be zero feet. The street improvement plan must be approved by the Desian Review Board if outside an historic district. or the Historic Preservation Board if inside an historic district. SECTION 2. That Section 142-218 of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-218. Setback requirements. (a) The setback requirements in the RM-2 residential multifamily, medium intensity district are as follows: Front Side, Side facing a street Rear Interior At-grade parking lot 20 feet 5 feet, or 5% of lot 5 feet, or 5% of lot Non-oceanfront lots--5 on the same lot width, whichever is width, whichever is feet exceot where Ib) greater greater Oceanfront lots--50 feet below is aoolicable from bulkhead line (b) In cases where the City Commission approves after public hearina a public - private parkina aareement for a neiahborhood based upon an approved street improvement plan. the minimum front yard setback for parkina subiect to the aareement shall be zero feet. The street improvement plan must be approved by the Desian Review Board if outside an historic district. or the Historic Preservation Board if inside an historic district. SECTION 3. That Section 142-606 of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-606. Setback requirements. The setback requirements for the TH townhomeresidential district are as follows: (1) Front yard: 20 feet. (2) Side yard: 15 feet between buildings; 15 feet on sides facing a street; 7.5 feet for interior sides. (3) Rear yard: 20 feet minimum. (4) In cases where the Citv Commission approves after Dublic hearina a public - private parkina aareement for a neiahborhood based upon an approved street improvement plan. the minimum front yard setback for parkina subiect to the aareement shall be zero feet. 2 Revised 09/20/2004 The street improvement plan must be approved bv the Desion Review Board if outside an historic district. or the Historic Preservation Board if inside an historic district. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days followi PASSED, ADOPTED AND APPROVED this Oth ,2004. ~tj~ ITY CLERK First Reading: Second Reading: Verified by: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ City Attomey ~ q....)..Q~ct\ Date Underscor 09/20/2004 F:\PLAN\$ALLIMeyerslparking studylORD PARKING SETBACK.doc 3 CITY OF MIAMI' BEACH COMMISSION ITEM SUMMARY m Condensed Title: An ordinance amending the Land Development Regulations for RM-1, RM-2 and TH to establish revised standards for parking lot setback requirements when there is an approved street improvement plan that incor orates a ublic- rivate arkin a reement with the Ci . Issue: Should the City waive setback requirements for parking in the front yard in the RM-1, RM-2 and TH districts in cases where there is an approved street improvement plan to improve an existing condition involving parking that does not conform to the setback requirements? Item Summa 1Recommendation: The primary reason for this change is to address the City's residential parking shortage in areas where existing conditions and the zoning setback requirements prevent both the public and private development of parking improvements for residents. The GO Bond Streetscape design process has identified a need to improve existing parking spaces that are located partially in the public right-of-way and partially on private property in the following locations: North Shore Drive in Normandy Shores, and Gary Avenue on Park View Island. These design concepts have been supported by neighborhood residents and documented in the approved Basis of Design Reports. Additionally, the proposed streetscape improvements for the Gilbert Fein district (Lincoln Terrace and 16th Street west of Bay Road) would be able to benefit from this amendment. This amendment would allow the City to proceed with design and construction of the parking and street improvements by allowing for a waiver of the parking lot setback requirement for RM-1 , RM-2 and TH when there is public-private parking agreement for the use of City right-of-way and adjacent private property for neighborhood parking based on an approved street improvement plan. The public-private agreements entail that the private property owner imparts an easement or similar rights to improve and use a portion of his or her "private" property adjacent to the right-of-way, in a manner determined by the City Attorney. Under the current parking setback requirements, this private property would not be allowed to be used for parking. When combined with the City's right-of-way width, this additional foota e increases the otential net arkin for the street im rovement Ian. Adviso Board Recommendation: Upon referral from the City Commission on May 26, 2004, the Land Use and Development Committee favorably discussed the proposed amendment on June 7, 2004. Upon referral from the City Commission on July 7,2004, the Planning Board heard this matter at a public hearing on August 24, 2004, and voted 7-0 (unanimously) to recommend that the City Commission adopt the amendment, subject to an amendment clarifying that future street improvement plans that involve public- private parking agreements would be approved by the DRB or HPB, as applicable. Upon referral from the City Commission, the Transportation and Parking Committee discussed this item at a ublic meetin on November 1, 2004 and voted 11-0 one abstention to su ort the ro osed amendment. Financial Information: Source of Funds: Finance Dept. Ci Clerk's Office Le islative Trackin : Planning Department - Joyce Meyers Ext. 6167 AGENDA ITEM ~ 5"' &- DATE~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. GonzalezJ. ...~. Second ReadinQ Public HearinQ City Manager ,- 0 AN ORDINANC OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY," AND DIVISION 15, "TH TOWN HOUSE RESIDENTIAL DISTRICT," BY AMENDING SECTION 142-156, SECTION 142-218 AND SECTION 142-606, RESPECTIVELY, TO ESTABLISH REVISED STANDARDS 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 DATE. Date: November 1 0, 2004 ADMINISTRATION RECOMMENDATION The City Administration recommends that the City Commission approve the proposed Public-Private Parking Amendment on second reading. BACKGROUND The primary reason for this change is to address the City's residential parking shortage in areas where existing conditions and the zoning setback requirements prevent both the public and private development of parking improvements for residents. The GO Bond Streetscape design process has identified a need to improve existing parking spaces that are located partially in the public right-of-way and partially on private property in the following locations: North Shore Drive in Normandy Shores, and Gary Avenue on Park View Island. These design concepts have been supported by neighborhood residents and documented in the approved Basis of Design Reports. This amendment would allow the City to proceed with design and construction of such parking by allowing for a waiver of the parking lot setback requirement for RM-1 , RM-2 and TH when there is public-private parking agreement for the use of City right-of-way and adjacent private property based on an approved street improvement plan. Additionally, the ~roposed streetscape improvements for the Gilbert Fein district (Lincoln Terrace and 161 Street west of Bay Road) would be able to benefit City Commission Memorandum Public-Private Parking Amendment - Second Readina Public HearinQ November 10, 2004 Page 2 of 3 from this amendment. ANALYSIS The City Code provides setback requirements for parking lots for its Zoning Districts. For RM-1 and RM-2 this setback is twenty (20) feet for the front, five (5) feet or 5% of the lot width, which ever is greater, for the side, (5) feet rear setback for non-oceanfront lots and fifty (50) feet rear setback from the bulkhead line for oceanfront lots. For TH, Townhouse Residential, the parking lot setback requirement is the same as the building setback which is twenty (20) feet for the front, fifteen (15) feet between buildings and on sides facing a street; seven and half (7.5) feet for interior sides and twenty (20) feet at a minimum for the rear setback. The neighborhoods that are affected by the proposed amendment were constructed in the Post-War building boom when vehicle ownership was low and the City did not regulate on- site parking. Over the years, the City has allowed vehicles to park informally in the front yards of many of these buildings. In most cases, there is no information in the building permit as to whether the parking was permitted in the front yard. The building setbacks are 20 feet or less from the street; therefore the parking spaces (18 feet in length) typically occupy both private property and public street right-of-way. If these parking spaces were to be removed, there would be a severe impact on the entire neighborhood, which is already experiencing a parking shortage. The City's GO Bond Streetscape design process has identified a need to improve neighborhood streets for both aesthetic and safety reasons. The proposed improvements would add sidewalks, street trees and other landscaping where only bare asphalt paving exists today. If the street improvements were to remove existing parking spaces that are located partially in the public right-of-way and partially on private property, there would be a net loss of parking for neighborhood residents. Therefore, the designers looked for creative ways to preserve as many of the parking spaces as possible. Under the proposed design solution in the City's streetscape project, the entire neighborhood would benefit from the aesthetic improvement created by organizing the parking, installing street trees and other landscaping in islands between parking spaces and reducing the overall amount of asphalt pavement. The public would also benefit in some cases such as North Shore Drive in Normandy Shores where there would be a public sidewalk constructed in the easement dedicated from private property. This amendment would allow the City to proceed with design and construction by entering into public/private parking agreements with the adjacent land owners on a case-by-case basis. In general, these agreements entail that the private property owner imparts an easement or similar rights to improve and use a portion of his or her "private" property adjacent to the right-of-way, in a manner determined by the City Attorney. Under the current parking setback requirements, this private property would not be allowed to be used for parking. When combined with the City's right-of-way width, this additional footage increases the potential net parking for the street improvement plan. City Commission Memorandum Public-Private Parking Amendment - Second Readino Public Hearino November 10, 2004 Page 3 of 3 CITY COMMISSION REFERRAL On May 26, 2004, the City Commission referred this item to the Land Use and Development Committee with the recommendation to add RM-2 to the ordinance. The City Commission heard this item on first reading October 13, 2004 and voted 5-0 (2 absent) to approve the amendment on First Reading and to refer the item to the Transportation and Parking Committee between first and second reading. LAND USE AND DEVELOPMENT COMMITTEE DISCUSSION Upon referral from the City Commission, the Land Use and Development Committee favorably discussed the proposed amendment on June 7, 2004. PLANNING BOARD ACTION Upon referral from the City Commission on July 7, 2004, the Planning Board heard this matter at a public hearing on August 24, 2004 and voted 7-0 (unanimously) to recommend that the City Commission adopt the ordinance, subject to an amendment clarifying that future street improvement plans that involve public-private parking agreements would be approved by the DRB or HPB, as applicable. TRANSPORTATION AND PARKING COMMITTEE ACTION Upon referral from the City Commission, the Transportation and Parking Committee discussed this item at a public meeting on November 1, 2004 and voted 11-0 (one abstention) to support the proposed amendment. FISCAL IMPACT A positive fiscal impact is anticipated by this amendment as it is intended to increase the economic viability of existing structures by providing enhanced neighborhood streetscape and off-street parking conditions. CONCLUSION According to Sec. 118-164, when a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance requires two readings, 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. Following the second reading public hearing, the Commission can adopt the ordinance by a 5/7ths vote. JMG\~M T:\AGENOA\2004INov1004\Regular\Public Private Parking memo.doc F:IPLANI$ALLIMeyerslparking studylPublic Private CC memo revised.doc "'"'''.''''' 26 " 0 0 N cO N '" W CD 0 f- U 0 ,: <( a <n co ::J I f- a -' <( co W I . W I f- E 8 -0 m ~ .<: ~ ~ ~ (0 "' ~ CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS >I: 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 Orive, Miami Beach, Florida, on Wednesday, November 10, 2004, at the times listed below to consider the following: at 11:00 a.m.: AN ORDINANCE AMENDING OROINANCE NUMBER 2003-3411 BY AMENOING THE RESTRICTIONS ON THE LOCATIONS WHERE PANHANDLING IS PROHIBITED ANO PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE OATE. Inquiries may be directed to the Legal Department at (305) 673-7470. at 11:15 a.m.: . AN OROINANCE AMENOING ORDINANCE NO, 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE, BY ESTABLISHING THE CLASSIFICATIONS OF FIELO INSPECTOR I, FIELD INSPECTOR II ANO PARKING DISPATCHER IN GROUP IV, BEING THOSE CLASSIFICATIONS COVERED BY THE COMMUNICATION WORKERS OF AMERICA (CWA), LOCAL 3178; TRANSFERRING THE TITLES OF THE CLASSIFICATIONS OF BACKFLOW COORDINATOR, CARPENTER SUPERVISOR, CENTRAL SERVICES SUPERVISOR, LEAD MECHANIC, SANITATION OPERATIONS SUPERVISOR, SERVICE SUPERVISOR, AND 911 COMMUNICATIONS RECOROS CUSTOOIAN 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, at 11 :16 a.m.: AN ORDINANCE AMENOING ORDINANCE NO. 1605, UNCLASSIFIED EMPLOYEES SALARY ORDINANCE, ESTABLISHING THE CLASSIFICATIONS OF CODE COMPLIANCE DIVISION OIRECTOR, CULTURAL FACILITIES MANAGER, FIELO MONITOR, GEOGRAPHIC INFORMATION SYSTEM ANALYST, HUMAN RESOURCES & RISK MANAGEMENT OIRECTOR, NEIGHBORHOOD SERVICES PROJECTS ADMINISTRATOR AND SENIOR MANAGEMENT ANALYST; AMENDING THE TITLES OF THE ClASSIFICATIONS OF BEACH PATROL CAPTAIN TO OCEAN RESCUE DIVISION CHIEF, FIELD INSPECTOR TO FIELD SUPERVISOR, MANAGEMENT & BUOGET DIRECTOR TO BUDGET & PERFORMANCE IMPROVEMENT OIRECTOR, ANORIGHT OF WAY SUPERVISOR TO RIGHT OF WAY MANAGER; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE: AND ~OOIFICATION. at 11:17 a.m.: , AN OROINANCE AMENOING ORDINANCE NO, 1335, THE clASslFlED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE FOR THE FRATERNAL ORDER OF POLICE (FOP), THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), AND CLASSIFIED EMPLOYEES NOT COVERED BY A BARGAINING UNIT AND KNOWN AS THE GROUP "OTHERS" PROVIOING FOR A REPEALER, SEVERABILITY, CODIFICATION, ANO AN EFFECTIVE OATE, at 11:lB a.m.: AN ORDINANCE AMENOING ORDINANCE NO. 1613, THE UNCLASSIFIEO EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE; PROVIOING FOR A REPEALER, SEVERABILITY, COOIFICATION, ANO AN EFFECTIVE DATE. Inquiries may be directed to Human Resources at (305) 673-7524, at 11:30 a.m.: AN ORDINANCE AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OFTHE CITY COOE; OIVlSION7..CCC, ' CIVIC AND CONVENTION CENTER DlSTRICT,"BY CREATING A NEW SECTION 142-368 ENTITLEO "OFFSITE PARKING," PROVIDING THAT REQUIREO PARKING PROVIDED FOR USES IN THIS DISTRICT, LOCATED OFF-SITE PURSUANT TO SECTION 130-36, SHALL NOT BE INCLUOED IN PERMITTEO FLOOR AREA WHEREVER LOCATED; PROVIDING FOR COOIFICATION, REPEALER, SEVERABILITY ANO EFFECTIVE DATE. a! 5:01 p.m.: AN ORDINANCE AMENDING THE LANO DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", OIVlSION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," I' SUBOIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY," ANO OIVISION 15, "TH TOWN HOUSE RESIOENTIAL OISTRICT, "BY AMENDING SECTION 142-156, SECTION 142-218 AND SECTION 142-606, RESPECTIVELY, TO ESTABLISH REVISEO 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. at 5:05 p.m.: AN ORDINANCE AMENDING THE LANO OEVELOPMENT REGULATIONS OF THE COOE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 11 B, "ADMINISTRATION ANO REVIEW PROCEDURES," ARTICLE XI, "NEIGHBORHOOD CONSERVATION DISTRICTS," BY CREATING A NEW SECTION 118-708, ENTITLED "ENFORCEMENT OF NCD REGULATIONS ANO CRITERIA; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS ANO APPROVALS," PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ,.,quiries may be directed to the Planning Department 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 the City Commission, c/o the City Clerk, 1700 Convention Center Orive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not 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, information 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 (ITf) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). (Ad 1lO285)