C4A - Temp Parking Lots

Committee Referrals - C4 A

C4 A REFERRAL TO THE PLANNING BOARD – ADMINISTRATIVE REVIEW OF TEMPORARY SURFACE PARKING LOTS. Applicable Area:

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) refer the attached draft ordinance to the Planning Board.

BACKGROUND/HISTORY

On July 23, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred a discussion item pertaining to the administrative review of temporary surface parking lots (C4 K) to the Land Use and Sustainability Committee (LUSC). On September 11, 2025, the LUSC discussed the proposal and recommended that the City Commission refer an ordinance to the Planning Board, in accordance with the draft text in the LUSC memo, and the following amendments:

1. Areas outside of historic districts shall be included under staff level design review approval.

2. The proposed ordinance shall not apply to properties in historic districts where a contributing building was demolished after January 1, 2025.

3. The timeframe for the temporary parking lots shall be consistent with the timeframes set forth in Chapter 5 of the Resiliency Code (5 years with up to a 5-year extension).

ANALYSIS

The attached draft ordinance amends Chapter 2 of the Land Development Regulations of the City Code (LDRs), in accordance with the recommendations of the LUSC, by establishing procedures for the administrative review of temporary surface parking lots. Currently, temporary parking lots require the review of the design review board or historic preservation board, depending on the location of the property. The following is a summary of the proposed amendments that are specific to administrative review of temporary surface parking lots:

• •

The proposed temporary parking lot must be consistent with all applicable requirements set forth in Chapters 4 and 5 of the LDRs.

• •

The proposed temporary parking lot shall only be permitted for up to five years from the date a certificate of completion, temporary certificate of completion, certificate of occupancy or temporary certificate of occupancy, whichever occurs first, is issued.

• •

The Historic Preservation Board or Design Review Board, as applicable, may, at its sole discretion, allow up to an additional five years for the temporary parking lot to operate.

• •

The property owner shall be required to execute a restrictive covenant, in a form approved by the City Attorney, agreeing to all the temporary lot requirements set forth in the ordinance. The covenant would also require that the applicant agree not to invoke or utilize any preemptions from the State, both now and at any time in the future, that would allow for the use of the temporary parking lot beyond the allowable operation period set forth in the ordinance (maximum period of ten years if extensions are granted).

• •

Within local historic districts, temporary parking lots would only be permitted on a property that has been vacant prior to January 1, 2025 and temporary parking lots would not be permitted on a property where a contributing building was demolished after January 1, 2025.

From an urban design and appropriateness standpoint, surface parking lots are not the best use of a property, particularly over the long term. In this regard, surface parking lots, even those intended to be temporary in duration, often end up operating for extended periods of time, as they are an inexpensive way to monetize a property. Also, surface parking lots tend to multiply, which exacerbates the urban design shortcomings associated with the use. Over the long term, the storage of vehicles is better suited within enclosed structures, above the ground floor.

Notwithstanding these concerns, surface parking lots are currently permissible in commercial zoning districts in the City, and the proposal herein would apply the same 5-year (with up to a 5- year extension) timeframe for temporary lots that currently exists for surface lots that require land use board review. Also, the landscape and surface finish requirements for temporary parking lots would still be enforced, albeit at the administrative level. Given these boundaries, the Administration does not object to the proposal moving forward.

APPLICATION FEE WAIVER The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the LDRs, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that there are circumstances unique to the proposed amendment and waive the applicable fees.

FISCAL IMPACT STATEMENT

No Fiscal Impact Expected

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends the following:

1. The City Commission refer the attached draft ordinance to the Planning Board.

2. In accordance with section 2.4.1.c.1 of the LDRs, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Planning

Sponsor(s)

Commissioner Alex Fernandez

Co-sponsor(s)

Condensed Title

Ref: PB - Administrative Review of Temporary Surface Parking Lots. (Fernandez) PL

Previous Action (For City Clerk Use Only)

Administrative Review of Temporary Surface Parking Lots

ORDINANCE NO. _______

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING PROCEDURES, , APPROVALS, , 2.5.3.3, , TO EXTEND THE PLANNING DIRECTOR AUTHORTY TO REVIEW ELIGIBLE TEMPORARY SURFACE PARKING LOTS; BY AMENDING ARTICLE XIII, ENTITLED HISTORIC PRESERVATION, SECTION 2.13.7, ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION, TO EXPAND ADMINISTRATIVE REVIEW AUTHORITY FOR TEMPORARY SURFACE PARKING LOTS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

WHEREAS, temporary surface parking lots are subject to the applicable requirements set forth in the Land Development Regulations of the City Code (LDRs) and are a permitted use in commercial zoning districts within the City; and

WHEREAS, in response to recommendations from the Land Use and Sustainability Committee (LUSC), procedures have been developed for the administrative review of temporary surface parking lots; and

WHEREAS, the City Commission finds that the proposed ordinance will allow for a more streamlined review process for temporary surface lots and provide additional opportunities for off- street parking facilities in the City; and

WHEREAS, the amendments set forth below are necessary to achieve these objectives.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.

SECTION 1. Chapter 2 Administration and Review Procedures , Article V, entitled Rezonings and Development Approvals is hereby amended as follows:

CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES

* * *

ARTICLE V. Rezonings and Development Approvals

* * *

2.5.3 Design Review

* * *

2.5.3.3 Administrative design review

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* * *

a. The planning director shall have the authority to approve, approve with conditions, or deny an application on behalf of the board, for the following:

* * *

13. Temporary surface parking lots, as more specifically defined in Chapter 5, provided such lots meet all of the following criteria:

A. The proposed temporary parking lot shall meet all applicable requirements set forth in Chapters 4 and 5.

B. The proposed temporary parking lot shall only be permitted for up to five years from the date a certificate of completion, temporary certificate of completion, certificate of occupancy or temporary certificate of occupancy, whichever occurs first, is issued. The design review board may, at its sole discretion, allow up to an additional five years for the temporary parking lot to operate. In no instance shall the temporary parking lot operate for more than ten years from the date a certificate of completion, temporary certificate of completion, certificate of occupancy or temporary certificate of occupancy, whichever occurs first, is issued.

C. The property owner shall enter into a restrictive covenant, in a form approved by the City Attorney, agreeing to all of the conditions set forth herein and further agreeing not to invoke or utilize any preemptions from the State, both now and at any time in the future, that would allow for the use of the temporary parking lot beyond a period of ten years from the date a certificate of completion, temporary certificate of completion, certificate of occupancy or temporary certificate of occupancy, whichever occurs first, is issued.

SECTION 2.

rtificate of Appropriateness/Certificate to

CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES

* * *

ARTICLE XIII. Historic Preservation

* * *

2.13.7 Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of

Appropriateness for Demolition

* * *

c. Review procedure

* * *

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4.

Notwithstanding subsections 2.13.7(c)(1) through (3) above, all applications for certificates of appropriateness involving minor repairs, demolition, alterations and improvements (as defined below and by additional design guidelines to be adopted by the board in consultation with the planning director) shall be reviewed by the staff of the board. The staff shall approve, approve with conditions, or deny a certificate of appropriateness or a certificate to dig after the date of receipt of a completed application. For purposes of this paragraph, the application requirement of certificate of appropriateness review shall be satisfied by the submission of a corresponding building permit application, or such other permit application form required by the planning department. Such minor repairs, alterations and improvements include the following:

* * *

M. Temporary surface parking lots, as more specifically defined in Chapter 5, provided such lots meet all of the following criteria:

I.

The proposed temporary parking lot shall meet all applicable requirements set forth in Chapters 4 and 5.

II.

The proposed temporary parking lot shall only be permitted on a lot that has been vacant prior to January 1, 2025 and shall not be permitted on any lot where a contributing building was demolished after January 1, 2025.

III.

The proposed temporary parking lot shall only be permitted for up to five years from the date a certificate of completion, temporary certificate of completion, certificate of occupancy or temporary certificate of occupancy, whichever occurs first, is issued. The historic preservation board may, at its sole discretion, allow up to an additional five years for the temporary parking lot to operate. In no instance shall the temporary parking lot operate for more than ten years from the date a certificate of completion, temporary certificate of completion, certificate of occupancy or temporary certificate of occupancy, whichever occurs first, is issued.

IV.

The property owner shall enter into a restrictive covenant, in a form approved by the City Attorney, agreeing to all of the conditions set forth herein and further agreeing not to invoke or utilize any preemptions from the State, both now and at any time in the future, that would allow for the use of the temporary parking lot beyond a period of ten years from the date a certificate of completion, temporary certificate of completion, certificate of occupancy or temporary certificate of occupancy, whichever occurs first, is issued.

SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed.

SECTION 4. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word.

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SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity.

SECTION 6. EFFECTIVE DATE, This Ordinance shall take effect ten days following adoption.

PASSED AND ADOPTED this _____ day of __________________, 2025

____________________ Steven Meiner, Mayor

ATTEST:

____________________ Rafael E. Granado, City Clerk.

APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION

________________________________ City Attorney Date

First Reading: ___________, 2025 Second Reading: ___________, 2025

Verified by: _________________________ Thomas R. Mooney, AICP Planning Director

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