CCC CIVIC & CONVENTION CENTER DISTRICT HOTEL SETBACK REGULATIONS & MECHANICAL PARKING

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED, "DISTRICT REGULATIONS," DIVISION 7, ENTITLED "CCC CONVENTION CENTER DISTRICT," SECTION 142-366, ENTITLED "SETBACK REQUIREMENTS," TO MODIFY THE DEVELOPMENT REGULATIONS PERTAINING TO SETBACK REQUIREMENTS TO ACCOMMODATE THE DEVELOPMENT OF A CONVENTION HOTEL; BY AMENDING CHAPTER 130 OF THE CITY CODE, ENTITLED "OFF-STREET PARKING," ARTICLE II, ENTITLED "DISTRICTS; REQUIREMENTS," SECTION 130-38, ENTITLED "MECHANICAL AND ROBOTIC PARKING SYSTEMS," TO CREATE AN EXEMPTION FROM PLANNING BOARD REVIEW, IN ORDER TO ALLOW MECHANICAL PARKING IN THE CCC CIVIC & CONVENTION CENTER DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

HISTORY
On May 8, 2019, at the request of Mayor Dan Gelber, the City Commission referred the proposed ordinance amendment to the May 22, 2019 meeting of the Land Use and Development Committee and the June 25, 2019 meeting of the Planning Board (item C4T).

On May 22, 2019 the Land Use and Development Committee discussed the item and recommended that the Planning Board transmit the attached ordinance to the City Commission with a favorable recommendation, including the additional modifications recommended by the administration, as noted in the analysis below.

BACKGROUND
On March 13, 2019, the City Commission adopted amendments to chapter 130, off-street parking and chapter 142, zoning districts and regulations in the Civic and Convention Center (CCC) District. These amendments addressed design components for the proposed convention center hotel development, and consisted of reduced setbacks for the pedestal and tower, as follows:

• Subterranean, pedestal, and tower setback requirements for hotel use shall be as follows:
(a) Fronting 17th Street: 10 feet
(b) Fronting Convention Center Drive: 10 feet
(c) Interior Side: five (5) feet
(d) Rear: zero (0) feet

• Balcony projections for hotel use: 0 feet.

Prior to this amendment, the setback regulations were an average of the requirements contained in the surrounding zoning districts.

The revisions approved to Section 130-32, pertaining to off-street parking, were as follows:

• Clarify that accessory uses to hotels shall have no parking requirement.

• Limit the off-street loading requirement for hotels and accessory uses to hotels to four (4) spaces.

• Allow valet and tandem parking spaces to stack more than 2 vehicles per space.

PLANNING ANALYSIS
The attached draft ordinance proposes additional setback modifications, as well as an exemption from planning board review for mechanical parking lifts. As it pertains to the proposed new setback modifications, the hotel developer, in discussions with potential operators, has determined that additional meeting and ballroom space within the pedestal is needed. Given the limited area available for the pedestal, the proposal herein is to reduce the street side pedestal setbacks facing 17th Street and Convention Center Drive from 10 feet to zero feet, for all portions of the pedestal above 15 feet in height. This reduced setback, apparently, is needed in order to accommodate the additional meeting, ballroom and pre-function space.

Planning staff has no objection to the proposal to remove mandatory planning board review for the mechanical parking lifts. In this regard, the parking level for the hotel is internalized above the second level, and is not expected to result in any queuing issues on the outside. Further, the parking level is valet only, so operation of the lifts will fall under the sole responsibility of the operator.

Planning staff did have concerns with the original proposal as drafted by the hotel developer, to further reduce the pedestal setbacks, particularly along 17th Street. In this regard, at the sidewalk level, having the pedestal come forward right up on the property line could potentially have an overbearing impact on the abutting public sidewalk. The proposal to maintain a 10 foot setback within the first 15 feet of height will help mitigate this impact, particularly on 17th street, due to the more narrow width of the existing sidewalk.

17th street is a critical connection point to the hotel and the convention center from Lincoln Road, Washington Avenue and the beach. As such, in order to ensure an adequate pedestrian path within the proposed reduced setback along 17th Street, planning staff recommended the following minor modifications to the proposal, which were endorsed by the Land Use and Development Committee:

Sec. 142-366. - Setback requirements.

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(b) Subterranean, pedestal, and tower setback requirements for hotel use shall be as follows:
1) Fronting 17th Street: 10 feet at ground level; 0 feet above 15 feet in height, as measured from grade. Additionally, there shall be no permanent encroachments within this 10 foot setback at the ground level, including, but not limited to, columns, raised platforms, raised terraces and raised porches. This encroachment prohibition shall not apply to stairs and accessibility ramps, including associated hand rails.
2) Fronting Convention Center Drive: 10 feet at ground level; 0 feet above 15 feet in height, as measured from grade. Additionally, there shall be no permanent encroachments within this 10 foot setback at the ground level, including, but not limited to, columns, raised platforms, raised terraces and raised porches. This encroachment prohibition shall not apply to stairs and accessibility ramps, including associated hand rails.

These minor revisions have been incorporated into the attached ordinance.

PLANNING BOARD REVIEW
On June 25, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 5-0.

UPDATE

The subject ordinance was approved at first reading on July 17, 2019, with no changes.