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HomeMy WebLinkAboutSubmittal-Elvis Cruz-PetitionA Perfect Storm of Parking Insufficiency Thursday, June 25, 2015 Dear Miami City Commissioners, A number of factors have combined to place the Morningside neighborhood at the epicenter of a Perfect Storm of Parking Insufficiency. First, in the early 1920's the entire neighborhood was originally platted and zoned for only single family homes. At that time Biscayne Boulevard did not yet exist. Then, in 1926 Biscayne Boulevard was created in order connect downtown Miami with Miami Shores. Morningside's Dixie Boulevard was renamed Biscayne Boulevard, but was still zoned for single family residential. Through the 1940's, at least 10 single family homes were built along Biscayne Boulevard in the Morningside area. At some point after the 1940's, the zoning along Biscayne Boulevard became "0", for Office. Almost all of the 10 single family homes were reused as small offices, which are usually only open 9-5, Monday through Friday. For decades the small home -offices operated with minimal impact on the neighborhood. Then, in 2010 Miami 21 took effect with three major changes: 1. Miami 21 completely eliminated the Office zoning category (despite objections from Miami Neighborhoods United). 2. Biscayne Boulevard in this area was rezoned to T4-0 or T5. 3. Miami 21 granted all buildings undergoing adaptive re -use the extraordinary privilege of not having to meet the same parking requirements that new construction would be required to meet. Additionally, there is a basic, fundamental flaw in the zoning code, a loophole which the city has been aware of for many years but has not seemed inclined to correct: The parking requirements for office, commercial or restaurant uses are all the same and based on interior square footage, and completely ignore any outdoor seating. While none of us has ever heard of outdoor seating for an office, we've all seen outdoor seating for a restaurant. Outdoor seating can be added to a restaurant with no additional parking requirement! (In the recent past, restaurants have been designed and built around that specific loophole, purposely placing much of their seating outdoors so as to evade the parking requirement.) Submitted into the public record for item(s) PZ • it on CP ;-S -+g . City Clerk 14- 01 b-15Zf- Svbrnt 1-1-6 I- Ely i S &UZ— PeA-i-ti6T' Submitted into the public record for item(s) on 1p I Zs 115 . City Clerk As a result of all the above, there is a current proposal to open a 40 seat restaurant with only 3 parking spaces in a former single-family home office directly abutting the single family homes of the Morningside historic district. In order to bring common sense to this issue, and to protect all T3 neighborhoods from spillover parking, an amendment to the zoning code is offered below. Additionally, the city is strongly urged to return Office zoning to the zoning code. One way to accomplish this would be by amending the code so as to eliminate any commercial uses from T4-L. Below is proposed language for the modification of section 7.2.8 b of Miami 21, which deals with Nonconforming Site Improvements. This is a modification for clarity of proposed legislation that was item PZ-13 on the May 28, 2015 City Commission agenda. b. Where the existing off-street parking capacity of a property is nonconforming to the requirements of its use in its transect zone as per this Code or any other city standards, a building undergoing an adaptive use shall not require the provision of additional parking or on -site storm water retention or detention. However, the preceding exemption from providing additional parking shall not apply to: 1. T3 or T4-R transect zones. Buildings in those transect zones must provide any additional parking as per the requirement of this code. 2. Any building within an area of the city for which a parking trust fund has been established and is in effect pursuant to Chapter 35 of the city code. 3. Structures that were originally built as single-family, duplex or lodging and are less than 500 feet away from a T3 transect zone. Buildings with that description which are re -used must provide any additional parking as per the requirement of this code. However, buildings with that description which are already operating as an adaptive re -use as of the effective date of this ordinance shall be grandfathered. For example, an original single-family, duplex or lodging building less than 500 feet from a T3 transect zone which is being used as an office may be grandfathered in for that office use, but is not grandfathered in for any other commercial or restaurant use. Any outdoor seating area added to an adaptive re -use for food or alcohol service, within 500 feet of a T3 transect zone, shall be required to have the same number of on -site parking spaces as required for indoor seating, which is 3 spaces for each 1,000 square feet. No modifications may be permitted which increase the degree of the existing nonconformity. Modifications to off-street parking may be approved by Waiver, and the Waiver may be conditioned on safeguards that reduce the degree of nonconformity to the extent reasonably feasible in the circumstances of the case. However, the preceding sentence does not apply to T3 or T4-R transects, nor to buildings originally built as single-family, duplex or lodging which are less than 500 feet away from a T3 transect zone.