Item Coversheet

Committee Assignments - C4  P




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:May  8, 2019
 



SUBJECT:REFERRAL TO THE PLANNING BOARD - PROPOSED ORDINANCE TO REDUCE PARKING REQUIREMENTS IN SUNSET HARBOR TO INCENTIVIZE RESILIENCY.

RECOMMENDATION

The administration recommends that the City Commission refer the attached ordinance to the Planning Board for review and recommendation.

ANALYSIS

HISTORY

On March 13, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the discussion item to the Land Use and Development Committee (Item C4W).  On April 3, 2019 the LUDC discussed the item and recommended that the attached ordinance be referred to the Planning Board.

 

BACKGROUND

Currently, if existing buildings propose a change of use, and exceed the existing thresholds of 3,500 square feet per establishment and/or 10,000 square feet in the aggregate, there is an option to enter the annual fee-in-lieu program. Depending upon the type of use, this can sometimes be expensive.  In order to provide an incentive for existing private developments to be more resilient, for example by raising existing first floors to be at or above the elevation of the recently raised streets and sidewalks, modifications to the minimum parking requirements are recommended, including reductions in minimum off-street parking requirements.

 

Attached is the current parking utilization report for the Sunset Harbor area, prepared by the Parking Department. This includes on-street metered parking, the P46 surface lot and the Sunset Harbor Garage (SHG). The report depicts utilization trends over time, and shows the parking trend since the SHG became operational. With regard to the SHG, according to the Parking Department it does not reach capacity and has not since its inception, even during peak periods such as Art Basel. 

 

PLANNING ANALYSIS

Parking district 5 contains off-street parking requirements that are specific to the Sunset Harbor neighborhood. Specifically, Sec. 130-33(b) provides for the following minimum requirements in parking district no. 5:

 

  1.  Restaurant with alcoholic beverage license or other establishment for consumption of food or beverages: No parking requirement for an individual establishment of less than 100 seats that does not exceed 3,500 square feet of floor area. Otherwise, one parking space per four seats and one parking space per 60 square feet of floor area not used for seating shall be required. Establishments with more than 100 seats and an occupancy load in excess of 125 persons shall be subject to the conditional use procedures in section 118-193 of the City Code.

  2.  Retail store, or food store, or personal service establishment: There shall be no parking requirement for individual establishments of 3,500 square feet or less. This may apply up to a total aggregate square footage of 10,000 square feet per development site. An establishment over 3,500 square feet (or over a total aggregate over 10,000 square feet) shall provide one space per 300 square feet of floor area for retail space that exceeds 3,500 square feet of floor area.

  3.  Developments of less than 10,000 square feet of new construction or uses that exceed the maximum described sizes in (b)(1) and (2) [above]: Parking may be satisfied by paying an annual fee in lieu of providing the required parking in an amount equal to two percent of the total amount due for all the uses within the proposed building. For new construction that is between 10,000 to 15,000 square feet, a one-time fee shall be paid prior to the issuance of the building permit. New construction that is greater than 15,000 square feet shall provide all the required parking on site.

  4.  Removal of existing parking spaces: No existing required parking space may be eliminated, except through the provisions of section 130-35, or through the payment of the one-time fee in lieu of providing the parking in effect at the time, which shall be paid prior to the approval of a building permit, provided such elimination of parking spaces does not result in an FAR penalty (exceeding permitted floor area ratio).

 

For uses not listed below, the off-street parking requirement shall be the same as for parking district no. 1 in section 130-32.

 

In order to provide incentives for making existing buildings more resilient, as well as to provide additional clarity, the following modifications are proposed for the parking requirements in district 5:

 

  • Restaurant with alcoholic beverage license or other establishment for consumption of food or beverages: No parking requirement for an individual establishment of less than 100 seats that does not exceed 3,500 square feet of floor area. Otherwise, For those portions of the establishment exceeding 100 seats and/or 3,500 square feet of floor area, one parking space per four seats and one parking space per 60 square feet of floor area not used for seating shall be required. Such parking may be satisfied by paying an annual fee in lieu of providing the required parking in accordance with section 130-132. Establishments with more than 100 seats and an occupancy load in excess of 125 persons shall be subject to the conditional use procedures in section 118-193 of the City Code.

     

  • Retail store, or food store, or personal service establishment: There shall be no parking requirement for individual establishments of 3,500 square feet or less. This may apply up to a total aggregate square footage of 10,000 square feet per development site. An establishment over 3,500 square feet (or over a total aggregate over 10,000 square feet) shall provide one space per 300 square feet of floor area for retail space that exceeds 3,500 square feet of floor area. Such parking may be satisfied by paying an annual fee in lieu of providing the required parking in accordance with section 130-132.

     

  • Developments of less greater than 10,000 square feet of new construction or uses that exceed the maximum described sizes in (b)(1) and (2) [above]: Parking may be satisfied by paying an annual fee in lieu of providing the required parking in an amount equal to two percent of the total amount due for all the uses within the proposed building. For new construction that is between 10,000 to 15,000 square feet, in lieu of providing required parking on site, a one-time fee shall may be paid prior to the issuance of the building permit, for that portion of new construction between 10,000 and 15,000 square feet.  All portions of nNew construction that is greater than 15,000 square feet shall provide all the required parking on site.

     

  • Removal of existing parking spaces: No existing required parking space may be eliminated, except through the provisions of section 130-35, or through the payment of the one-time fee in lieu of providing the parking in effect at the time, which shall be paid prior to the approval of a building permit, provided such elimination of parking spaces does not result in an FAR penalty (exceeding permitted floor area ratio).

     

  • Modifications to existing structures to meet raised street and sidewalk levels: There shall be no parking requirement for existing structures that raise the entire ground or first floor of the structure to meet or exceed the height of the abutting sidewalk(s). The parking requirement for any addition, up to 10,000 square feet, may be satisfied by paying an annual fee in lieu of providing the required parking in an amount equal to two percent of the total amount due for all the uses within the proposed building. Additionally, any existing required parking spaces, which are located at the first level or open to the sky at the roof level, may be eliminated, without paying a fee in lieu of parking,

 

As noted in the background section, given the availability of parking within the Sunset Harbor garage, there is not expected to be any negative impacts associated with a reduced parking requirement.

CONCLUSION

The administration recommends that the City Commission refer the attached ordinance to the Planning Board for review and recommendation.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
Draft Referral ORD
Sunset Harbor Parking Utilization