PROVISIONAL PARKING LOT AMENDMENT:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS (LDRs), ENTITLED "OFF-STREET PARKING," ARTICLE III "DESIGN STANDARDS", TO MODIFY THE REQUIREMENTS FOR TEMPORARY PARKING LOTS AND DELETING THE PROVISIONS OF SECTION 130-70 IN ORDER TO REMOVE THE STANDARDS FOR PROVISIONAL PARKING LOTS FROM THE LDRs PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.

HISTORY
On July 26, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission approved a dual referral to the Land Use and Development Committee and the Planning Board, to amend Chapters 114 (Definitions) and 130 (Off-Street Parking) of the Land Development Regulations of the City Code (item C4B) to remove all provisions pertaining to provisional parking lots.

On October 11, 2017, the Land Use and Development Committee (LUDC) discussed the item and recommended that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation.

PLANNING ANALYSIS
The attached draft amendment proposes to remove all provisions related to “Provisional Parking Lots.” Provisional Parking Lots, unlike "Temporary Parking Lots", have a lesser requirement for minimum landscaping, and do not require a paved surface. It has come to the attention of the staff, that under the Florida Building Code, gravel or lime rock parking lots, even on a "provisional'' basis, are not permitted. As such, the amendment proposed would bring the City's LDRs into compliance with the requirements of the Florida Building Code and create less confusion for property owners seeking temporary parking lot approval.

The primary difference between Provisional and Temporary Parking Lots is the paving and landscape standards. Provisional lots, under the current City Code, can utilize a lime rock base, as opposed to an all-weather surface such as pavers or asphalt, which is required for Temporary Lots.

The minimum landscape requirements for Provisional and Temporary Parking Lots are listed in Section 126-12 of the City Code. The following is a summary of the primary differences in minimum landscape standards:

Temporary Parking Lot Minimum Landscape Standards:
• A five-foot (5’) wide, landscaped area bordering the surface area along a property line, street, alley or sidewalk.
• The areas fronting a street or alley shall be landscaped with a grouping of three palms every 15 linear feet of frontage or one canopy tree every 20 feet of frontage.

Provisional Parking Lot Minimum Landscape Standards:
• A two feet, six inches wide landscaped area bordering the surfaced area along all property lines.
• The areas fronting a right-of-way or an alley shall be landscaped with a grouping of three palms every 20 linear feet of frontage or one canopy tree every 25 feet of frontage.

The biggest difference in landscape standards is the minimum required border (2’-6” for Provisional Lots and 5’-0” for Temporary Lots). If a Provisional Lot, utilizing a lime rock surface, converts to a Temporary Lot, it is pretty simple to apply asphalt or pavers over the lime rock, and meet the required 5’-0” border. However, if a Provisional Lot were to be paved, it would be much more difficult to remove 2’-6” of asphalt or pavers, if the lot were to convert to Temporary status.

While the Provisional Lot standards could be modified to require paved surfaces, this would create future problems for the lot owner within 18 months, as the lot would need to be significantly modified in order to be converted to a Temporary Lot. As such the Staff recommends that Sec. 130-71, pertaining to ‘Provisional Parking Lots’ be stricken entirely.

PLANNING BOARD REVIEW
On October 24, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation.

UPDATE
The subject Ordinance was approved at First Reading on December 13, 2017, with no changes.