2013-3799 Ordinance CD-2 SELF STORAGE
ORDINANCE NO. 2013-3799
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 5, CD-2 "COMMERCIAL, MEDIUM
INTENSITY DISTRICT," BY PERMITING "SELF-STORAGE
WAREHOUSES" AS A CONDITIONAL USE IN THIS ZONING
DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, a self-storage warehouse is categorized as an establishment
engaged in renting or leasing secure space for self-storage such as rooms,
compartments, lockers, containers or outdoor space where clients can store and retrieve
their goods'; and
WHEREAS, the CD-1, Low Intensity, zoning district, a less intense zoning
classification than the CD-2, Commercial, Medium Intensity zoning district already allows
for"Warehouses" as Conditional Uses; and
WHEREAS, it is appropriate to update the actual list of Conditional Uses within
the CD-2, Commercial, Medium Intensity, zoning district by adding "Self-Storage
Warehouses" as Conditional Uses; and
WHEREAS, changing the actual list of Conditional Uses within the CD-2,
Commercial, Medium Intensity, zoning district by adding "Self-Storage Warehouses" as
Conditional Uses is necessary to ensure the that new development is compatible and in
scale with the built environment, and is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code Chapter 142, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section
142-303, "Conditional Uses," is hereby amended as follows:
Sec. 142-303. Conditional Uses.
The conditional uses in the CD-2 commercial, medium intensity district are adult
congregate living facilities; funeral home; nursing homes; religious institution;
pawnshops; video game arcades; public and private institutions; schools; any use selling
gasoline; new construction of structures 50,000 square feet and over (even when divided
by a district boundary line), which review shall be the first step in the process before the
review by any of the other land development boards; outdoor entertainment
establishment; neighborhood impact establishment; open air entertainment
' U.S. Census Bureau, "Industry Statistics Sampler,"www.census.gov/econ/industry/def
(5/4/2011)
establishment; self-storage warehouses; and storage and/or parking of commercial
vehicles on a site other than the site at which the associated commerce, trade or
business is located. See section 142-1103.
For purposes of this section, in addition to the Conditional Use criteria in Section 118-
192 (a), self-storage warehouses shall only be permitted to be considered by the
Planning Board as a Conditional Use for properties located within a CD-2 district along
Alton Road between 6`h Street and 11`h Street. Additionally, the minimum distance
separation between self-storage warehouses shall be 300 feet and self storage
warehouses shall follow the Development Regulations for "self-storage warehouse" in
Section 142-306 and the Setback Requirements in 142-307.
SECTION 2. City Code Chapter 142, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section
142-306, "Development Regulations," is hereby amended as follows:
Sec. 142-306. - Development regulations
The development regulations in the CD-2 commercial, medium intensity district are as
follows:
Maximum Minimum Minimum Minimum Average Maximum Maximum
Floor Lot Area Lot Width Apartment Apartment Building Number
Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories
(Square Feet) (Square Feet) (Feet)
1.5 Commercial— Commercial— Commercial—N/A Commercial—N/A 50(except as 5(except as
None None New construction— New construction— provided in provided in
Residential— Residential-50 550 800 section 142- section 142-
7,000 Rehabilitated Rehabilitated 1161.Self- 1161
buildings-400 buildings-550 storage
Non-elderly and Non-elderly and warehouse–
elderly low and elderly low and 40 feet, Self-storage
moderate income moderate income except that warehouse–
housing: See housing: See the buildinq 4
section 142-1183 section 142-1183 height shall –
Hotel unit: Hotel units—N/A be limited to
15%: 300-335 25 feet within
85%: 335+ 50 feet from
the rear
property line
for lots
abutting an
alley: and
within 60 feet
from a
residential
district for
blocks with no
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alley•
Notwithstanding the above regulations, the maximum floor area ratio (FAR) for "self-
storage warehouse" shall be 1.5. The floor area ratio provision for mixed use buildings in
section 142-307(d)(2) shall not apply to self-storage warehouse development.
SECTION 3. City Code Chapter 142, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section
142-307 "Setback requirements," is hereby amended as follows:
(a) The setback requirements for the CD-2 commercial, medium intensity district are as
follows:
Front Side, Side, Facing Rear
Interior a Street
At-grade 5 feet 5 feet 5 feet 5 feet
parking lot on If abutting an alley-0
the same lot feet
Subterranean 0 feet 0 feet 0 feet 0 feet
Pedestal and 0 feet 10 feet when 10 feet when 5 feet
tower Residential uses shall abutting a abutting a 10 feet when abutting
(non- follow the RM-1, 2, 3 residential residential district, a residential district
oceanfront) setbacks district, unless separated unless separated by a
(See sections 142- otherwise none by a street or street or waterway in
156, 142-218 and 142- Residential waterway which case it shall be
247 uses shall otherwise none 0 feet. Residential
follow the RM- Residential uses uses shall follow the
1, 2, 3 shall follow the RM-1, 2, 3 setbacks
setbacks RM-1, 2, 3 (See sections 142-
(See sections setbacks 156, 142-218 and
142-156, 142- (See sections 142-247
218 and 142- 142-156, 142-218
247 and 142-247
Pedestal and Pedestal-15 feet Commercial Commercial 25% of lot depth, 75
tower Tower-20 feet+ 1 uses-10 feet uses-10 feet feet minimum from
(oceanfront) foot for every 1 foot Residential Residential uses the bulkhead line
increase in height uses shall shall follow the whichever is greater
above 50 feet, to a follow the RM- RM-1, 2, 3 Residential uses shall
maximum of 50 feet, 1, 2, 3 setbacks follow the RM-1, 2, 3
then shall remain setbacks (See sections setbacks
constant. Residential (See sections 142-156, 142-218 (See sections 142-
uses shall follow the 142-156, 142- and 142-247 156, 142-218 and
RM-1, 2, 3 setbacks 218 and 142- 142-247
(See sections 142- 247
156, 142-218 and 142-
247
(b) The tower setback shall not be less than the pedestal setback.
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(c) Parking lots and garages: If located on the same lot as the main structure the
above setbacks shall apply. If primary use the setbacks are listed in subsection
142-1132(n).
(d) Mixed use buildings: Calculation of setbacks and floor area ratio:
(1) Setbacks. When more than 25 percent of the total area of a building is
used for residential or hotel units, any floor containing such units shall
follow the RM-1, 2, 3 setback regulations.
(2) Floor area ratio. When more than 25 percent of the total area of a building
is used for residential or hotel units, the floor area ratio range shall be as
set forth in the RM-2 district.
(3) The maximum floor area ratio (FAR) for "self-storage warehouse" shall be
1.5. The floor area ratio provision for mixed use buildings in section 142-
307(d)(2) above shall not apply to self-storage warehouse development.
(e) Notwithstanding the above setback regulations, "self-storage warehouse" in this
district shall have the following setbacks:
LL Front— 5 feet.
Side facing a street— 5 feet.
Interior side— 7.5 feet or 8 percent of the lot width, whichever is greater:
Rear - for lots with a rear property line abutting a residential district the
rear yard setback shall be a minimum of 25 feet: for lots with a rear
property line abutting an alley the rear setback shall be a minimum of 7.5
feet.
SECTION 4. City Code Chapter 142, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section
142-308 " Additional regulations for new construction," is hereby amended as follows:
(a) In the CD-2 district, all floors of a building containing parking spaces shall
incorporate the following:
In the CD-2 district, each side of the first floor frontage of a self-storage
warehouse building facing a street or sidewalk, shall include office, retail or
commercial uses. Not less than 60% of each street frontage shall consist of
office, retail or commercial uses, and the remaining portion of each street front
shall consist of non-commercial, recessed display areas or similar treatment. The
Design Review Board or Historic Preservation Board, as applicable, may permit a
lesser amount of office, retail or commercial frontage, if it is determined that site
conditions warrant a reduction. In the event a lesser portion of office, retail or
commercial space is permitted, the remaining portion of each street front shall
consist of non-commercial, recessed display areas or similar treatment.
SECTION 5. 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 6. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
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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.
SECTION 7. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 8th day of May , 2013.
MAYOR
ATTEST: P •••CAE-�
CITY CLERK INCORP ORATED'
SRC •.... .a APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
Underscore denotes new language
First Reading: February 6, 2013
Second Reading: May 8, 2013
Verified by:
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amendment proposing to modify the CD-2 District regulations in order to allow self
storage warehouses as a Conditional use in certain areas of the City.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan,etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summa /Recommendation:
SECOND READING
The proposed Ordinance would amend the CD-2 District regulations in order to allow self storage
warehouses as a Conditional use in certain areas of the City.
The subject Ordinance was approved at First Reading on February 6, 2013. The Commission set a
Second Reading Public Hearing for March 13, 2013. The Commission also referred the matter back to
the Land Use and Development Committee to consider minor changes.
Since the March 20, 2013 Land Use Committee meeting was cancelled and the next Land Use
Committee meeting occurs on April 23, 2013, the City Commission, at the April 17, 2013 meeting,
opened and continued the item to a date certain of May 8, 2013.
The administration recommends that the Ordinance be adopted.
Advisory Board Recommendation:
On October 30, 2012, the Planning Board (PB File No. 2017) transmitted the subject Ordinance to
the City Commission with a favorable recommendation by a vote of 5-2.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
The proposed ordinance is not expected to have a significant financial impact.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign-Offs:
partmen Director sistant City anager City nager
64=�l U
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MIAMIBEACH AGENDA ITEM �SC
DATE S
® MIAM BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M mbers of te City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2013
SECOND READING
SUBJECT: CD-2 Self Storage
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE ll, "DISTRICT REGULATIONS," DIVISION 5,
CD-2 "COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY PERMITING
"SELF-STORAGE WAREHOUSES" AS A CONDITIONAL USE IN THIS
ZONING DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordnance.
UPDATE
The City Commission approved the subject Ordinance at First Reading on February 6,
2013. As part of the discussion, the Commission determined that the boundaries of the
proposed use should be limited to Alton Road between 6th and 11th Streets. The
Commission also instructed the Administration to incorporate a distance separation
requirement between self storage facilities.
The matter was referred to the March 20, 2013 Land Use and Development Committee
for discussion, prior to 2nd reading. However, the March 20, 2013 Land Use Committee
meeting was cancelled and 2nd reading on the Ordinance was continued to the April 17,
2013 Commission meeting, with the subject item being moved to the April 23rd Land Use
Committee meeting. As the April 23rd, 2013 Land Use meeting was after the April 17,
2013 Commission meeting, the matter was opened and continued on April 17th to the
May 8th, 2013 Commission meeting.
The Land Use Committee discussed the item on April 23, 2013 and recommended
approval with the changes proposed at First Reading.
BACKGROUND
The subject Ordinance was initially referred to the Land Use and Development
Committee (LUDC) at the April 13, 2011 City Commission meeting (Item C4G) and was
first reviewed by the LUDC on May 18, 2011. On May 16, 2012, the proposed project for
a mini storage warehouse at 7th Street and Alton Road was presented to the Land Use
and Development Committee. Several speakers commented on the proposed project
Commission Memorandum
CD-2 Self Storage
May 8, 2013 Page 2 of 3
and ordinance amendment, and the Committee discussed the possible impacts on the
neighborhood. The LUDC then referred the proposed Ordinance to the Planning Board,
with direction to address limiting the proliferation of this use, and to address issues of
signage.
ANALYSIS
Currently the City Code only permits "warehouse" use in the CD-1, Commercial Low
Intensity zoning district as a Conditional Use (see attached map of CD-1 Districts), and
as a main permitted use in the 1-1 Urban Light Industrial District; this use is not
permitted in any other zoning district in the City. Because the less intense CD-1, Low
Intensity, zoning district already allows for "Warehouses" as Conditional Uses, staff
believes that it would be appropriate to update the list of Conditional Uses within the
CD-2, Commercial, Medium Intensity, zoning district by adding "Self-Storage
Warehouses" as Conditional Uses.
However, while there appears to be a need for this type of use throughout the City,
staff believes that the use may not be compatible on every property within the CD-2
district. Additionally, very strict operational and design conditions would need to be
placed on any Conditional Use approval granted for self storage facilities in a CD-2
district.
It should be noted that the CD-2 districts throughout the City are either adjacent to
residential uses or separated only by alleys. One of the concerns that has been raised
is the compatibility of self-storage warehouses to the residential areas that are in close
proximity, as well as the traffic, parking and the noise that may be generated by this use.
A self-storage warehouse is categorized as an establishment engaged in renting or
leasing secure space for self-storage such as rooms, compartments, lockers, containers
or outdoor space where clients can store and retrieve their goods.'
Planning Department staff has been working on a conceptual Alton Road Overlay
District, and recommended to the Planning Board that the proposed warehouse concept
be conditioned upon the inclusion of the type of safeguards and protections that the
Overlay District guidelines for development propose. These include increased rear
setbacks and reduced height abutting adjacent residential properties. The proposed
Ordinance amendment places additional restrictions on the overall height, bulk &
massing (FAR) of self storage facilities, and requires that all portions of the structure
facing a street or sidewalk be substantially activated.
The proposed Ordinance would require that self-storages facilities in a CD-2 District
obtain Conditional Use approval by the Planning Board. In addition to determining
whether a self storage facility is an appropriate and compatible use for a particular
property, the Board would also be able to fully address traffic, scale, massing, operations
and any other relevant aspect of this use. Traffic, vehicular circulation and parking will be
addressed through the formal `Conditional Use' process, so as to avoid or mitigate any
adverse impacts to adjacent residential districts.
Staff believes that when combined with a thorough review by the Planning Board, as part
of the CUP process, as well as the approval of the Design Review Board (DRB) or
Historic Preservation Board (HPB), the compatibility of a proposed self storage facility
will be well vetted.
The proponent of the proposed amendment currently proposes to develop the property
1 U.S. Census Bureau, "Industry Statistics Sampler,"www.census.gov/econ/industry/def
Commission Memorandum
CD-2 Self Storage
May 8, 2013 Page 3 of 3
located at 633 Alton Road, which is located within the expanded Flamingo Park Local
Historic District and is adjacent to an RM-1 residential multifamily district, separated only
by an alley from three residential buildings. In this particular instance, should the subject
Ordinance move forward, any future CUP application for this site would need to address
the complete buffering of the residential area to the east, traffic circulation, lighting and
loading access. As this particular property is located adjacent to the Alton Road flyover,
there is a rationale for exploring the feasibility of the proposed use, provided all of the
aforementioned issues can be successfully addressed.
On December 19, 2012, the Land Use and Development Committee reviewed the
Planning Board recommended Ordinance. The Land Use Committee determined that the
application of self storage facilities, as a Conditional Use, would be appropriate in certain
areas of the City, but not all areas. Specifically, the Committee recommended that only
the CD-2 districts located in the following areas should be permitted to have self storage
as a Conditional Use:
• Along Alton Road
• Within Sunset Harbour
• Along Harding Avenue in North Beach
The Land Use Committee transmitted the Ordinance to the full City Commission for a
final decision, with this specific recommendation.
On April 23, 2013, the Land Use Committee discussed the item and recommended
approval with the changes proposed at First Reading. These modifications include the
creation of a 100 foot distance separation between self-storage warehouses, as well as
limiting the areas that they may be permitted to those CD-2 district properties located
along Alton Road, between 6th and 11th Street (see attached map).
PLANNING BOARD REVIEW
On October 30, 2012, the Planning Board transmitted the subject Ordinance (by a vote
of 5-2, with Jonathon Beloff, Daniel Veitia, Charles Urstadt, Robert Wolfarth & Randy
Weisburd in support, and Henry Stolar & Jean Francois Lejeune opposed) to the City
Commission with a favorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions,"
this shall confirm that the City Administration evaluated the long term economic impact (at
least 5 years) of this proposed legislative action.
The subject Ordinance is not expected to have any significant fiscal impact.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
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