2004-3467 Ordinance
ORDINANCE NO. 2004-3467
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 130 "OFF-STREET PARKING," ARTICLE III,
"DESIGN STANDARDS," BY PERMITTING TEMPORARY
PARKING LOTS IN THE MXE, "MIXED USE
ENTERTAINMENT" ZONING DISTRICT THAT FACE COLLINS
AVENUE, AN ADDITIONAL TIME PERIOD OF 5 YEARS;
CLARIFYING SIGN REGULATIONS FOR TEMPORARY LOTS
AND MODIFYING THE LANDSCAPE STANDARDS; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, temporary parking lots may be operated in all commercial and multi-family
zoning districts, including areas zoned MXE; and
WHEREAS, temporary parking lots can only operate for ten (10) years, after which time
they must convert to permanent parking lots or the use shall be abandoned; and
WHEREAS, in all commercial and multi-family districts where temporary parking lots
are permitted, except for the MXE district, temporary parking lots may be upgraded to
permanent parking lots; and
WHEREAS, that part of South Beach zoned MXE has a severe shortage of available
parking; and
WHEREAS, it is in the interest of the City to allow temporary parking lots on Collins
Avenue in the MXE district to operate for more than ten (10) years so as to not exacerbate the
parking shortage.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
MIAMI BEACH, FLORIDA:
Section 1. Findings. The foregoing recitals and premises are hereby found to be true
and correct and are incorporated herein as if set forth in full herein.
Section 2. Chapter 130 of the Code of the City of Miami Beach entitled "Off-Street
Parking," Section 130-70, entitled "Temporary Parking Lot Standards," shall be amended as
follows:
.
Sec. 130-70. Temporary parking lot standards.
When permitted, the following standards are established for temporary parking lots:
(1) Temporary commercial or noncommercial parking lots may be operated in the MR
marine district, GU government use district, MXE Mixed Use Entertainment District or
in any commercial district. These lots may be operated independent of a primary use.
Temporary, noncommercial lots may be located in the R-PS 1--4 and in any multifamily
residential district or within the architectural district as defined in section 114-1. One
sign per street frontage is permitted. The maximum size of each sign shall be five square
feet per 50 feet of street frontage. This sign shall also include copy that indicates the
name of the operator. the phone number of operator to report complaints. and who can
use the parking facility; i.e., whether it is open to the general public, private, valet or
self-parking.
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(8) Temporary parking lots shall not be permitted to exist for a period of time greater than
three years from the date ofbHildiRg permit issl:lance certificate of occupancy or
occupational license, whichever occurs first. regardless of ownership. At the end of this
period, or such extension~ period(s) which that may be granted as contemplated herein, if
the lot continues to be used for the purposes of parking, a permanent lot shall be
constructed in conformity with these land development regulations zaRiRg onliRaRce;
however, prior to expiration, an applicant may request from the planning board (prier te
Ell{piration) one initial extension oftime for a period not exceeding two years. In granting
the initial extension oftime, or considering an appeal from the planning and zORiRg
director's decision regarding an extension of time (as provided below), the board shall
consider, among other things, whether the applicant has complied with all of the
applicable requirements of these land development regulations zORiRg ordiRance and this
Geeie, and any conditions imposed by the planning board, if any, during its period of
operation, as well as any landscaping on the property that may not be in compliance with
the requirements listed below. The notice of public hearing requirements shall be as set
forth in chapter 118, article IV.
After the initial extension of time, and prior to expiration, the applicant may request from the
planning and zoning director (prier to expiratieR) not more than five extensions of time for
periods not to exceed one year each. In considering a request for an extension of time, the
director shall consider the same criteria considered by the planning board as specified above.
Except that in the MXE District. for approved temporary parking lots existing as of September
28, 2004, that face Collins Avenue. an applicant may request from the planning board, a further
extension of time for a period not to exceed two years. After this two-year extension, no more
than three one-vear extensions may be requested from the planning director. The review by the
planning board shall consider the extent to which the existing or proposed landscaping on the
property satisfies the landscaping review criteria. If existing or proposed landscaping is below
the specified criteria, the planning board may determine whether such landscaping is sufficient
based upon the characteristics ofthe property.
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The decision of the director with respect to an extension of time may be appealed by the
applicant to the planning board. Pro'/idod, flO':/lwor, said The appeal shall be in writing
and shall be submitted to the planning and zoning director on or before the 20th day after
the date of the decision of the planning and zoning director. Review ofthe decision ofthe
planning board shall be to a court of competent jurisdiction by petition for writ of
certiorari.
m Landscaping requirements:
A landscape plan that specifies and Quantifies the existing and/or proposed plant material
inclusive of mature shade trees, hedge material, ground cover and in-ground irrigation
shall be submitted for review and approval by the planning department, according to the
following criteria.
a. At a minimum, the plan shall indicate a five-foot wide. landscaped area bordering
the surface area along a property line, street, alley or sidewalk. The areas fronting
a street or alley shall be landscaped with a grouping of three palms every 15 linear
feet offrontage or one canopy tree every 20 feet of frontage. Alllandscaped
areas shall utilize St. Augustine Grass or planted material acceptable to the
planning department.
b. A hedge that is at least 36 inches in height at the time of planting shall be installed
on the entire perimeter of the lot: hedges on street or alley frontages shall not
exceed 42 inches in height at maturity. The hedge material planted on any side of
the lot that abuts the lot line of another property shall be at least 48 inches (4 feet)
in height at time of planting and shall not exceed 60 inches (5 feet) at maturity.
c. For temporary parking lots seeking an extension of time from the planning board.
the interior landscaping oflots exceeding 55 feet in width, shall be a minimum of
five percent of net interior area. One shade tree or grouping ofthree palms with a
clear trunk of at least six feet shall be provided for each 100 square feet or fraction
thereof of required landscaped area. Such landscaped areas shall be located and
designed in such a manner as to divide and break UP the expanse of paving.
Parking lots that are 55 feet wide or less shall not be required to provide interior
landscaping.
d. Landscaped areas shall require protection from vehicular encroachment. Car stops
shall be placed at least 2 'li feet from the edge of the paved area.
e. Notwithstanding the dimensions of a parking lot, an in-ground irrigation system
that covers 100 percent of the landscaped areas shall be required and shown on
the landscape plan.
f. All landscaping that is placed on the lot shall be maintained in good condition so
as to present a healthy, neat and orderly appearance. Prior to the issuance of an
occupational license for a temporary parking lot, the applicant shall submit a plan
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for a recurring maintenance schedule that includes. but is not limited to, cleaning
the lot, clipping of hedge material. removing and replacement of dead plant
material. fertilization and irrigation. This maintenance plan shall be approved bv
the planning department.
Section 3. Inclusion in Code. It is the intention of the Commission, and it is hereby
ordained that the provisions ofthis Ordinance shall become and be made a part ofthe Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or re-
lettered to accomplish such intention, and the word "Ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4.
adoption.
Effective Date. This Ordinance shall take effect ten days following
PASSED AND ADOPTED this ~ day of
,2004.
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CIT CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Verified by:
11Uf,J<JL-. JI ~-/>Cf
City Attorney 311-- Date
Underscore
F:\PLAN\$PLBldraft ordinances\2004\1689 - Temp prkg lots in MXE rev 1O-70rd.DOC
40f4
CITY OF IV\IAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Permitting temporary parking lots in the MXE, "Mixed Use Entertainment" Zoning District that face Collins
Avenue, an additional 5-year time limit; clarifying sign regulations for Temporary Lots and modifying the
landscape standards for Temporary Lots.
Issue:
Should the regulations for the Temporary Parking Lot Standards be amended to allow an additional5-year
time limit and improve landscaping standards for these temporary parking lots?
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the proposed.
Adviso Board Recommendation:
At the September 28, 2004 meeting of the Planning Board, by a vote of 6-0 (one member absent)
recommended approval of the proposed ordinance to the City Commission incorporating the suggestions
made by the Planning Department staff and other modifications to the ordinance made by the Board. These
modifications have been incorporated into the proposed ordinance.
1. As modified by Planning Department staff, the request for a two-year extension after ten years should be
reviewed by the Planning Board.
2. Improvement of the landscape standards, including some interior landscaping and in-ground irrigation.
3. Submittal of a recurring maintenance plan.
4. Posting of a sign that indicates the name of the operator, the phone number to call for complaints, and
who can use the arkin facili .
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Ci Clerk's Office Le islative Trackin
Mercy Lamazares/Jorge Gomez
Assistant City Manager
City Manager
c
ular\1689 - temp prk lots in MXE sum. doc
AGENDA ITEM
DATE
RSB
I;). -,5'- CHi
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: December 8, 2004
From:
Jorge M. Gonzalez 't .
City Manager () ~
Second Readina Public Hearina
Subject:
Temporary Parking Lots in the MXE "Mixed Use Entertainment District"
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 130 "OFF-STREET PARKING,"
ARTICLE III, "DESIGN STANDARDS," BY PERMITTING TEMPORARY
PARKING LOTS IN THE MXE, "MIXED USE ENTERTAINMENT" ZONING
DISTRICT THAT FACE COLLINS AVENUE, AN ADDITIONAL TIME
PERIOD OF 5 YEARS; CLARIFYING SIGN REGULATIONS FOR
TEMPORARY LOTS AND MODIFYING THE LANDSCAPE STANDARDS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
Currently the City Code permits Temporary commercial or noncommercial parking lots in
the MR marine recreational district, GU government use district, MXE Mixed Use
Entertainment District or in any commercial district. Temporary, noncommercial lots may
be located in the R-PS1--4 and in any multifamily residential district or within the
architectural district as defined in section 114-1. A noncommercial lot is one where parking
is initially approved for a specific use and not offered to the general public.
Temporary parking lots can exist for three years and a request can be made for one initial
extension of time for a two-year period, which would be granted by the Planning Board.
After the initial extension of time, the planning and zoning director may grant up to five one-
year extensions of time.
Because of these existing regulations, Avalon 1201 Collins, LLC, is requesting to amend
Section 130-70(8) of the Land Development Regulations of the City Code extending the
maximum time period where a Temporary Parking Lot is permitted to exist in the MXE,
Mixed Use Entertainment District zoning district when these parking lots face Collins
Avenue.
Commission Memorandum
December 8, 2004
Temporary Parking Lots in the MXE "Mixed Use Entertainment District"
Page 2
ANALYSIS
The applicant is the owner of the 1201 Collins Avenue property where the current
temporary parking facility will expire on September 30, 2004, after a ten-year existence. An
affiliate of the applicant also owns the Tides Hotel on Ocean Drive and 1 ih Street, which
uses this parking facility for hotel guests and restaurant patrons.
Currently the City Code allows permanent surface parking lots in the commercial districts
throughout the City and in the RM-1, 2, 3 multi-family districts, but not in the MXE. This
particular facility will not be able to convert to permanent standards like it would be possible
in other districts. The applicant's contention is that by removing this facility from the
inventory of parking spaces, the parcel would remain vacant and unsightly because of the
inability, at this time, to develop the property. The applicant is also hypothetically'
questioning the wisdom of removing parking spaces at a time when the general area of
South Beach needs it most. Because of all these considerations, this proposal is being
made to amend the Land Development Regulations of the Code so that existing and
currently licensed temporary parking lots could receive five additional extensions of time of
one-year each, granted by the Planning Director for those lots in the MXE that face Collins
Avenue.
The boundaries of the MXE district are: 5th and 6th Streets on the south (Ocean Drive and
Collins Avenue respectively); Atlantic Ocean on the east and Collins Court on the west; and
16th Street on the north. In this general area, there are three parking garages and two
temporary parking lots (inclusive of the property owned by the applicant) on the east side of
Collins Avenue; and two surface parking lots on the west side of Collins Avenue - one of
which is a municipal parking lot.
While it is true that when this parking facility expired at the end of September (the one
across the street, at 1155 Collins Avenue also expired at the same time), in excess of 50
spaces will be removed from the inventory. The administration is concerned about the
request because in ten years no development plans have come forward, perhaps because
of the comfort level of having a revenue stream from the vacant property. On the other
hand, the elimination of parking spaces in the area is also a big concern because of the
already existing shortage. This situation is a quagmire of conflicting forces: the MXE
district does not permit permanent surface parking facilities versus the acute shortage of
parking spaces in the district; and the longer a temporary parking facility is permitted to
operate, the longer it will be before permanent development occurs.
Weighing these conflicting forces, and the fact that the applicant, the owner of the 1201
Collins Avenue facility, is not ready to develop the property, the administration would rather
see a well-landscaped parking lot than to have an unsightly vacant property in the historic
district. To this end, the administration is amenable to extending the time, and
recommends that this ordinance be approved but that instead of five one-year extensions
of time, that an applicant request the next extension of time from the Planning Board for a
period not exceeding two years. After this two-year extension, then three one-year
extensions may be requested from the planning director.
Commission Memorandum
December 8, 2004
Temporary Parking Lots in the MXE "Mixed Use Entertainment District"
Page 3
PLANNING BOARD ACTION
At the September 28,2004 meeting of the Planning Board, by a vote of 6-0 (one member
absent) the Board recommended approval of the proposed ordinance to the City
Commission incorporating the suggestions made by the Planning Department staff and
other modifications to the ordinance made by the Board. These modifications have been
incorporated into the proposed ordinance.
1. As modified by Planning Department staff, the request for a two-year extension after
ten years should be reviewed by the Planning Board.
2. Improvement of the landscape standards, including some interior landscaping and
in-ground irrigation.
3. Submittal of a recurring maintenance plan.
4. Posting of a sign that indicates the name of the operator, the phone number to call
for complaints, and who can use the parking facility.
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment. Quite the
contrary, approval of the proposal will help alleviate the parking shortage in the South
Beach area.
CITY COMMISSION ACTION
At the November 10,2004 meeting the City Commission approved the proposed ordinance
on first reading.
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.
JMG/cM6JJJ:ML
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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
ct. Beach, Florida, in the Commission Chambers, 3rd floor, .City Hall, 1700 Convention Center Drive, Miami Beach,
':Ii Flnrirl,? on Wednesday, December 8, 2004, at the times listed below to. consider the following:
:>:1
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> I at 10:15 a.m.: . '
~ AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE ENTITLED "ADMINISTRATION;" BY AMENDING ARTICLE
,.c' ill ENTITLED "AGENCIES, BOARDS AND COMMITTEES;" BY AMENDING DIVISION 15 ENTITLED "FLORIDA SISTER
cs CI~IES PROGRAM" TO CORRECT THE NAME TO READ THE "MIAMI BEACH SISTER CITIES PROGRAM"
5 THROUGHOUT DIVISION 15; AND BY AMENDING SECTION 2-181(D), ENTITLED "COMPOSITION," BY AMENDING
l/) THE MEMBERSHIP OF THE SISTER CITIES' COORDINATING COUNCIL AND THE PROVISIONS REGARDING TERM OF
;;; SERVICE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
-'
~ Inquiries may be directed to the Legal Department at (305)673-7470.
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC' HEARINGS
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at 10:17 a.m.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130 "OFF-
STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY PERMITTING TEMPORARY PARKING LOTS IN THE MXE,
"MIXED USE ENTERTAINMENT" ZONING DISTRICT THAT FACE COLLINS AVENUE, AN ADDITIONAL TIME PERIOD OF
5 YEARS; CLARIFYING SIGN REGULATIONS FOR TEMPORARY LOTS AND MODIFYING THE LANDSCAPE STANDARDS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE
at 5:05 p.m.:
AN ORDINANCE 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 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY REVISING PROCEDURES FOR THE REVIEW AND
APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES CONSTRUCTED PRIOR TO 1942 AND NOT
LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
at 5:06 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC
PRESERVATION," BY CREATING DIVISION 5, "SINGLE FAMILY AD VALOREM TAX ABATEMENT, ESTABLISHING
REQUIREMENTS AND PROCEDURES FOR CITY TAX EXEMPTIONS FOR SINGLE FAMILY HOMES; "PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
Inquiries 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 I
views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Roor, i
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 (3P5) \iq4i2~&9 (yo!C~), (~gst 67~-7218(TTY) five d~y~ ,iA..aP'Yl9~ to i~itiaje, Y9\lr ,request. m
users may also call7:1J IFloriQa,Rel~y,S,ervlce)., "', _ ," _ .,','. .. . , '. -, ',,', ,', Ac't102ll1 I