OFF-STREET PARKING REGULATIONS:

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, FLORIDA, BY AMENDING CHAPTER 130, “OFF-STREET PARKING,” ARTICLE I, “IN GENERAL,” ARTICLE III, “DESIGN STANDARDS,” ARTICLE V, “FEE IN LIEU OF PARKING PROGRAM,” ARTICLE VI, “PARKING CREDIT SYSTEM,” ARTICLE VII, “SURPLUS AND UNDER-UTILIZED PARKING SPACES,” AND ARTICLE IX, “VALET AND TANDEM PARKING”, BY AMENDING AND CLARIFYING STANDARDS AND PROCEDURES FOR OFF-STREET PARKING REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

The attached draft ordinance proposes modifications to Chapter 130 that simplify and clarify existing procedures and standards for off-street parking.  The changes proposed in the draft ordinance do not modify or affect the number of off-street parking spaces required within each of the City’s Parking Districts, but does include a number of grammatical and scrivener’s error corrections, as well as the following non-substantive changes:

• Augmenting text descriptions of the various parking districts with maps.
• Clarifying and simplifying the procedures and requirements related to providing required parking spaces off-site, including a definition for distance measurement.
• Clarifying and simplifying minimum parking space dimension requirements.
• Clarifying when fees in lieu of providing required parking are assessed and that such fees have been incorporated into the fee schedule (Appendix A) of the Land Development Regulations. 
• Updating obsolete reference citations.

The proposed ordinance also includes changes, which are designed to further clarify, streamline and simplify the application and administration of chapter 130. Attached is a side-by-side comparison of these proposed modifications.

The Land Use Committee also recommended that Section 130-132(c) be modified to allow for the removal of parking spaces required for a building in the architectural district or a local historic district constructed after October 1, 1993, if a change in said building results in a net reduction of required parking spaces. The revised language has been included in the attached draft ordinance.

The subject ordinance was approved at First Reading on July 13, 2016. During the discussion at First Reading, the Commission requested that the Administration provide a current summary of underutilized parking facilities in the City. Attached is a list of currently operating underutilized parking lots and structures in the City.

On September 14, 2016, the City Commission discussed the proposal at Second Reading and continued action to a date certain of September 27, 2016 in order to have time to review suggested amendments to Sec 130-36 pertaining to off-site parking facilities. As noted in the conclusion below, the proposed amendment would expand the distance for providing off-site parking facilities from 500 feet (non-historic districts) and 1200 feet (historic districts) to an across the board 1500 feet. Additionally, for changes in use, a ‘lease’ has been introduced as a connection option, in addition to unity of title and covenant in lieu of unity of title.

The Administration recommends that the City Commission adopt the Ordinance with the following amendment to Sec. 130-36 (in bold double underscore):

Sec. 130-36. - Off-site parking facilities.

(a)   All parking spaces required in this article shall, shall be provided on a self-park basis or valet parking basis in accordance with section 130-251, and shall be located on the same lot with the building or use served, or offsite if one of the following conditions is met: within a distance not to exceed 500 feet from such lot, or 1,200 feet (i) if located in the architectural district or a local historic district, or (ii) the parking lot is operated on a valet basis as per section 130-35. The distance separation shall be measured by following a straight line from the lot on which the main permitted use is located to the lot where the parking lot or garage is located.

(1)            The parking is within a distance not to exceed 1,200 1,500 feet of the property with the use(s), if located in the architectural district or a local historic district.

(2)            The parking is within a distance not to exceed 500 1,500 feet of the property with the use(s), when the use is not located in the architectural district or a local historic district.

The foregoing distance separation shall be measured by following a straight line from the property line of the lot on which the main permitted use is located to the property line of the lot where the parking lot or garage is located.

(b)   Where the required parking spaces are not located on the same lot with the building or use served and used as allowed in section 130-32, a unity of title or for nonadjacent lots, either a unity of title or a restrictive covenant in lieu of unity of title for parking unification shall be prepared required for the purpose of insuring that the required parking is provided. Such unity of title or restrictive covenant shall be executed by owners of the properties concerned, approved as to form by the city attorney, recorded in the public records of the county as a covenant running with the land and shall be filed with the application for a building permit. Alternatively,  for a change of use in an existing building, a lease for the purpose of insuring that the required parking for the new use is provided may be utilized, in accordance with the following:

       (1) The subject lease shall be executed by the owner of the properties providing the required parking and the user of the required spaces; such lease to be approved as to form and necessary minimum requirements by the city attorney.

(2) The required parking spaces provided off site shall be for the sole use of the user of the spaces and shall not be available for underutilized parking or subleased to a third party. Subleases of any kind shall be prohibited. 

(3) All required parking spaces provided on the off-site properties shall be dedicated and clearly marked for the user of the establishment 24 hours a day, 7 days a week. This 24 hour dedicated use requirement shall be an explicit term in the lease agreement.

(4) The exact location of the required spaces provided off-site shall be clearly delineated on site and floor plans, prepared by a registered architect or engineer, and shall be incorporated into the lease as an exhibit.

(5) A copy of the renewal of all leases shall be provided to the City within 60 days of such renewal. In the event the terms of a lease should change, such changes shall be approved as to form and necessary minimum requirements by the city attorney.

(6)            The lease shall be for at least a minimum of a calendar year. 

(7)            The lease shall require that the tenant and landlord notify the City of Miami Beach Planning Department of early termination of the parking leasehold.