C4B - Temporary Parking Lots

Committee Referrals - C4 B

C4 B 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:

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

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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.

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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.

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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).

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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