Item Coversheet

Ordinances - R5  I




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:February  1, 2023
 

First Reading

SUBJECT:

PARKING DISTRICT NO. 6 - RESTAURANT PARKING AMENDMENT

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 130, ENTITLED “OFF-STREET PARKING,” ARTICLE II, ENTITLED “DISTRICTS; REQUIREMENTS,” SECTION 130-33, ENTITLED “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, 7, AND 8,” TO MODIFY THE PARKING REQUIREMENTS FOR RESTAURANT USES IN PARKING DISTRICT NO. 6; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for February 22, 2023.

BACKGROUND/HISTORY

On December 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the subject Ordinance Amendment to the Planning Board (C4 Z).

Parking District No. 6 generally includes properties along the Alton Road corridor, between 5th Street and Dade Boulevard. Currently, there is no parking requirement for restaurants of up to 60 seats or 1,500 square feet of eating and drinking areas in Parking District No. 6. For restaurants with more than 60 seats or 1,500 square feet of eating/drinking areas, there is a parking requirement of one (1) space for every four (4) seats, or one (1) space per 60 square feet of space not used for seating.

ANALYSIS

PLANNING ANALYSIS
Due to changes in retail trends primarily due to e-commerce, a number of storefronts remain vacant along Alton Road, particularly in the southern portion of the corridor. However, this area includes successful locally owned and operated restaurants that cater to residents and visitors alike. This creates an opportunity for those existing restaurants to expand into vacant areas of existing buildings.

Due to the minimum parking requirements for restaurants in Parking District No. 6, it can be challenging and costly for restaurants to expand into the vacant commercial spaces. If an existing restaurant in Parking District No. 6 were to exceed 60 seats or 1,500 square feet, the minimum parking requirements would be triggered for the entirety of the restaurant.

Given these are existing buildings on small parcels, providing the amount of parking required on site would be very difficult and likely require the substantial alteration or replacement of the existing structure. In most instances this would be prohibitively expensive for relatively small restaurants. Alternatively, the restaurant could participate in the fee in lieu of parking program; however, these fees are also very expensive. Currently the fee in lieu of parking program consists of either the payment of a one-time fee of $40,000 per space not provided, or, if eligible, an annual payment of $800 per year for each space not provided.

To address this issue, the proposed Ordinance would amend the off-street parking regulations for Parking District No. 6 within a limited area and for existing restaurants. Specifically, the Ordinance would remove the off-street parking requirement associated with limited expansions of existing restaurants located south of 10th Street. To be eligible, a restaurant must be operating as of December 1, 2022, and the expanded restaurant shall not exceed a total of 150 seats. The Ordinance provides that if the number of seats exceeds 150, the parking requirement for the entire restaurant would be triggered.

The Administration is supportive of the proposed Ordinance as it incentivizes limited expansions of neighborhood-oriented restaurants that are easily accessible by pedestrians and various forms of mobility. While limited restaurant expansions, as proposed by this Ordinance, may increase parking demand, for those wishing to drive, the area is served by private and public parking garages located at 9th Street (Gumenick Garage) and 6th Street (5th & Alton Garage – G8), both of which are within walking distance of the area and are publicly accessible. Additionally, this area is well served by the City’s South Beach Loop Trolley and Miami-Dade County Metrobus Routes 113 and 119, and is accessible by alternative modes of transportation, including micro-mobility options such as bicycles and scooters. Significant parking issues are not anticipated.

PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on January 24, 2023 and discuss and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the floor as to the recommendation of the Planning Board.

SUPPORTING SURVEY DATA

According to the 2022 Community Satisfaction Survey conducted by the ETC Institute, at least one-third of businesses indicated that barriers to establishing or growing their business has been the cost of leasing or purchasing retail/commercial space (38.8%) and/or parking (35.8%). The subject Ordinance would improve local business opportunity, allow for business growth, and reduce challenges related to parking requirements.

FINANCIAL INFORMATION

The subject Ordinance would reduce the amount of parking impact fees owed to the City by restaurants within existing buildings that contain more than 60 seats. Given the limited applicability of the proposed legislation, the fiscal impact is not expected to be significant. As an example, one business seeking to utilize this amendment would not by subject to a parking impact fee of close to $48,000.

CONCLUSION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for February 22, 2023.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Planning
Sponsor
Commissioner Alex Fernandez

ATTACHMENTS:
Description
Form Approved ORD