| | | | | | | |  | Ordinances - R5 K
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | January 16, 2019 | | | | First Reading
| | SUBJECT: | ENCLOSED SEATING AREAS - OFF-STREET PARKING REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE MAYOR
AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, SUBPART B,
ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING
CHAPTER 130, ENTITLED, "OFF-STREET PARKING," ARTICLE V, ENTITLED,
"FEE IN LIEU OF PARKING PROGRAM," BY AMENDING STANDARDS AND
PROCEDURES FOR OFF-STREET PARKING REQUIREMENTS IN THE
ARCHITECTURAL DISTRICT; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for February 13, 2019. |
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| | | | | | | | ANALYSIS
| HISTORY/ BACKGROUND
On September 12, 2018, at the request of Commissioner John Elizabeth Aleman, the City Commission referred a discussion item to the Land Use and Development Committee (Item C4B). On October 31, 2018 the Land Use Committee discussed the item and recommended that the City Commission refer the attached draft Ordinance to the Planning Board.
On November 14, 2018, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the attached Ordinance to the Planning Board (Item C4Q).
PLANNING ANALYSIS
Under the Land Development Regulations of the City Code, outdoor seating areas that are enclosed to address noise and weather are treated as floor area and counted towards the maximum floor area ratio (FAR) for a site. Within local historic districts, the required parking associated with the new FAR can either be satisfied by providing it onsite, or by paying a one-time impact fee, which is currently $40,000 per parking space. Currently there is no off-street parking requirement for main or accessory uses associated with buildings that existed prior to October 1, 1993, which are located within the architectural district. However the construction of new enclosed areas does have a parking requirement, depending on the use.
The proposal herein provides another option for addressing the minimum parking requirement for the enclosure of existing outdoor seating areas in the architectural district. In this regard, the enclosure of outdoor seating areas has practical benefits as it pertains to inclement weather, as well as controlling noise, particularly when the outdoor seating area is in close proximity to residential uses.
The proposed draft ordinance would amend Chapter 130 of the Land Development Regulations of the City Code and allow for the enclosure of existing outdoor seating areas to satisfy the off-street parking requirement by participation in the annual fee in lieu program ($800.00 per year, per required parking space), as opposed to the current requirement of paying a one-time fee ($40,000.00 per space). The ability to utilize the annual fee in lieu would be limited to those seating areas attached to a contributing building located within the Architectural District. Currently, outdoor seating areas, outside of a local historic district, are eligible to satisfy required parking through the annual fee in lieu program (There is no parking requirement for outdoor seating areas associated with buildings that existed prior to October 1, 1993 in the Architectural District). This option would allow for enclosed seating areas, attached to contributing buildings in the Architectural District, to participate in the annual fee program, as well.
The attached Ordinance limits the scope of the application of this proposal, and there is a rational nexus for allowing some latitude for contributing buildings in the Architectural District. In most instances, contributing buildings in the Architectural District do not have any space on the property to provide off-street parking, and any attempt to create such space could have negative impacts on the architectural integrity of the building and property. Additionally, the actual intensity of the seating would not be increased, as outdoor seating areas associated with buildings that existed prior to October 1, 1993 in the Architectural District do not have a parking requirement. Additionally, there would be no impact on parking, as currently the requirements for enclosed floor area in a historic district can be satisfied by paying a one-time fee. The proposal herein would allow the fee to be paid annually.
PLANNING BOARD REVIEW
On December 18, 2018, the Planning Board held a public hearing regarding the proposed LDR Amendment and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).
SUMMARY
The Land Use Committee recommended the following limitations, all of which are included in the ordinance:
1. The ordinance shall be limited to the enclosure of existing outdoor seating areas, which are attached to a contributing building located within the Architectural District.
2. The outdoor seating area shall be located within a rear or interior side area of the lot, and shall not directly front a street.
3. The outdoor seating area shall be adjacent to a residential use.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for February 13, 2019. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner John Elizabeth Aleman |
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