Loading...
Ordinance 2022-4505 Town Center-Central Core (TC-C) District Self-Storage Use - OPTION B—Comprehensive Plan Regulations Ordinance No. 2022-4505 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING CHAPTER 1, ENTITLED "RESILIENT LAND USE AND DEVELOPMENT ELEMENT," AT POLICY RLU 1.1.31, ENTITLED "TOWN CENTER-CENTRAL CORE CATEGORY (TC-C)" BY PERMITTING "SELF- STORAGE WAREHOUSE" AS A PERMITTED USE FOR SITES WITH PREVIOUSLY EXISTING SELF STORAGE WAREHOUSE USES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, since the Town Center - Central Core (TC-C) Comprehensive Plan regulations were first created in 2018, the City has received several mixed-use development applications, some of which contain co-living units within the TC-C district; and WHEREAS, when the TC-C regulations were adopted, self-storage uses were not considered and were excluded from the district regulations; and WHEREAS, the City recognizes the need for and desire of its residents to have self- storage uses within the City of Miami Beach; and WHEREAS, consistent with the mobility goals of the TC-C district, there is a significant public benefit of retaining storage uses within the TC-C district to alleviate the need for local residents to drive outside the city for storage uses; and WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the City seeks to encourage sites with existing self-storage warehouse uses in the TC-C District to be redeveloped with a diverse mixture of uses while retaining an essential neighborhood service for the existing and future residents of the North Beach Town Center; and WHEREAS,the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 1 of the City of Miami Beach Comprehensive Plan, entitled "Resilient Land Use & Development Element," at Policy RLU 1.1.31, entitled "Town Center-Central Core Category(TC-C)," is hereby amended as follows: 1 Uses which may be Permitted: Various types of commercial uses including, business and professional offices, retail sales and service establishments, eating and drinking establishments, outdoor cafes, artisanal retail, neighborhood fulfillment centers; residential uses, including co- living units; and hotels; and self-storage warehouse uses as may be further restricted in the Land Development Regulations. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. 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 City of Miami Beach Comprehensive Plan as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" maybe changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect 31 days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to Section 163.3184(3), Florida Statutes. PASSED AND ADOPTED this AO day of.1 0 1. / ATTEST: JUL 2 5 2022 Dan Gelber, Mayor `Rafael E. ranado, City Clerk. B �S''-, 4 % APPROVED AS TO FORM AND W'N(ORPRAIED. LANG AGE AND FOR EXECUTION First Reading: April 6, 2022 %,;' •••. .. �?= Second Reading: May 4, 2022 °ZH G,-,'' 3 City Attorney Date Underline denotes ne la guage bvV-- Verified by: -homas R. Mooney, AICP Planning Director T:\Agenda12022\4_April 2022\Planning\NB TCC-Self Storage Text Amendment OPTION B COMP PLAN-First Reading ORD.DOCX 2 Ordinances-R5 K MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: July 20, 2022 5:04 p.m. Second Reading Public Hearing SUBJECT:TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT SELF-STORAGE USE -OPTION B -COMPREHENSIVE PLAN REGULATIONS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING CHAPTER 1, ENTITLED "RESILIENT LAND USE AND DEVELOPMENT ELEMENT," AT POLICY RLU 1.1.31, ENTITLED "TOWN CENTER-CENTRAL CORE CATEGORY (TC-C)" BY PERMITTING "SELF- STORAGE _ WAREHOUSE' AS A PERMITTED USE FOR SITES WITH PREVIOUSLY EXISTING SELF-STORAGE WAREHOUSE USES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. BACKGROUND/HISTORY On December 8, 2021, at the request of Commissioner Ricky Arriola, the City Commission referred an Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board, pertaining to self-storage uses in the TC-C district, for review and recommendation (item. C4 V). On February 11, 2022, the LUSC discussed the item and recommend that the Planning Board transmit the Ordinance referred by the City Commission with a favorable recommendation (Option A). The LUSC also endorsed a separate Ordinance(Option B)to allow the self-storage component to be increased to up to 50% of the gross floor area. Option B also requires a separate Comprehensive Plan Amendment for the self-storage use to be a permitted use. ANALYSIS PLANNING ANALYSIS Currently, the North Beach Town Center-Central Core (TC-C) district regulations do not permit self-storage and any existing self-storage uses are legally non-conforming. As a legally non- conforming use, an existing self-storage facility can remain, provided improvements are not Page 668 of 1502 made to the building that exceed 50%of the building's value. At present there is one self-storage facility within the TC-C district, Public Storage, which is located at 331 69th Street.Attached is a map showing the boundaries of the TC-C district and the location of this facility.While self-storage is useful to area residents, the building does not contribute to the neighborhood's aesthetics or the goal of turning the Town Center into a pedestrian friendly, mixed-use urban environment. Although the owners of the property desire to maintain the self-storage use, they are open to a more expansive project, consisting of multiple, active uses, in addition to self-storage. Planning staff believes that maintaining a self-storage facility in the TC-C area would be beneficial, provided it is part of a mixed-use development that conforms to the requirements of the TC-C district. In order to encourage the redevelopment of the self-storage site, a separate LDR Ordinance is before the City Commission that would allow for sites which had a self- storage use as of January 1, 2022 to maintain the self-storage component as part of a mixed- use redevelopment provided the following conditions are met: • Only those properties containing an existing self-storage use as of January 1, 2022, shall be permitted to have self-storage as a use in addition to commercial, office, residential, or any combination thereof. • New development on eligible properties described above are only eligible to have a self- storage use if the property owner elects, at the owner's sole discretion, to voluntarily execute a restrictive covenant running with the land, in a form approved by the City Attorney, affirming that, for a term of a minimum of 30 years, none of the residential units on the property shall be leased or rented for a period of less than six months and one day. • All self-storage uses (other than storefront office use for the self-storage facility) shall be located above the ground floor and shall be fully concealed from view at all levels along all street and sidewalk sides of the property. In addition to the aforementioned regulations, limitations on the proportion of the building that can be dedicated to self-storage use are also included as part of the LDR Ordinance. Specifically, floor area used for self-storage (exclusive of storefront office use for the self- storage facility) shall not exceed 50% of the gross floor area of the building. These limits will ensure that the building is in-fact a mixed-use building that will improve the street life and aesthetics of the surrounding community. The proposed LDR Amendment (LDR Ordinance Option B) requires a companion Comprehensive Plan amendment to allow for the self-storage facility as permitted use. COMPREHENSIVE PLANNING REVIEW PROCESS The subject Ordinance includes a text amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes, this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission,after which the amendment must be transmitted to several state agencies for a 30- day review period, and a final adoption public hearing before the City Commission.The amendment is effective 31-days after it is adopted if there are no appeals. Page 669 of 1502 PLANNING BOARD REVIEW The Planning Board held a public hearing on March 22, 2022 and transmitted the Comprehensive Plan Amendment Ordinance to the City Commission with a favorable recommendation(6-0). SUMMARY The proposed regulations would allow for an eligible site to redevelop in a way where the self- storage use would not impact the pedestrian realm, as the ground floor of the development would be required to contain active uses that are consistent with the requirements of the TC-C district. This would provide the area with wider sidewalks, improved landscaping and streetscape, increased resiliency, and new business and housing. Any new development would also be required to be approved by the Design Review Board (DRB) which would further ensure that it is compatible its surroundings. UPDATE The subject Ordinance was approved at First Reading on April 6, 2022, and the Comprehensive Plan Amendment was transmitted to all applicable review agencies. To satisfy the 35-day review period for all applicable regulatory agencies after First Reading, Second Reading / Adoption of the proposed Comprehensive Plan Amendment was set for June 20, 2022. To date the City has not received any concerns or objections regarding the proposed Comprehensive Plan Amendment; the Administration will update the City Commission if any comments, concerns or objections are received prior to adoption on June 22, 2022. SUPPORTING SURVEY DATA Enhance Development in Town Center Area FINANCIAL INFORMATION No Fiscal Impact CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Applicable Area North Beach Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking_ Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: • Page 670 of 1502 Description El Map o Ordinance o Ad Page 671 of 1502 s Lail m ld �. I _ `..RAMPIP•■11 '' .f j North Beach Town Center - Central Core (TC-C) - 4t:* S.' Self-Storage Facilities = tt f I . e. P ry M it_ie. '' $jyr } F S 3 l s �1 AM1 gip. G.-SY�.•� ` Wit I 4'j1i.` 4 !!• - "`, • .•, %`_ _ _ -. _ .sea r+ ,. '''--- t of 4. il_l'sr I! , cal;. Vn 01144 . R". = : 4 .n .�' is "' e.~• � _i '.�c. ,. 3 e MD Izt t 4._ _— 1 A y� ;=s.p Rg rn '' • • k - _ M -, m .__. i. Public Storage l" - 331 69th Street i! N A I 0 62%125 250 375 500 ' +.. . , . ... Feet . Page 672 of 1502 • • SUNDAY JULY 11022 ! ! NEIGHBORS I 191E CITY OF MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE TOWN ORDINANCE AMENDING.THE TOWN CENTER-CENTRAL CORE(TC-C)DISTRICT CENTER-CENTRAL CORE(TC-C) DISTRICT SELF-STORAGE WAREHOUSE USE SELF-STORAGE WAREHOUSE USE COMPREHENSIVE PLAN REGULATIONS (OPTION A) JULY 20, 2022 (OPTION B) HYBRID CITY COMMISSION MEETING JULY 20,2022 On July 20,2022,the City of Mlaml Beach null host a Hybrid Commtaelon Meeting.During the Hybrid Commission Meeting,the City Commission will be physically present In the Commission Chamber, HYBRID CITY COMMISSION MEETING Miami Beach City Han,1700 Camentlon Center Drive,3rd Floor,Miami Beach,FL 33139.Applicants • On July 20,2022,the City of Miami Beach w10 host a Hybrid Commission Meeting.Dunne the Hybrid and the public are encouraged to attend the meeting!Malty(as provided below).However,members Commission Meeting,the City Commission will be physically present in the Commission Chamber,Miami of the public who wish to attend the meeting or provide public comment in person may appear at the Beach City Hat.1700 Convention Center Drive,3rd Floor.Miami Beach,FL 33139.Applicants and the public Commission Chamber. are encouraged to attend the meeting virtuaky(as provided below).However,members of the public who wish To participate or provide comment atually during the Commission Meeting,the public may loin the to attend the meeting or provide public comment in person may appear at the Commission Chamber. webinar al:1llos•//miamibe4tihui-oav zoom uaW81392857671 or via telephone at:1.301.715.8592(U.S.) To participate or provide comment virtually during the Comrntaelen Meeting,the pudic may loin the or 88&475.4499(Toll-Free).Weblnar ID:61392857671•.Members of the pudic wanting to speak virtually webinu at:hltas•yimLmiheac�8aov zoom-�1i91392ac767/or via telephone at:1.301.715.8592(t15J or on an Item during the meeting must click the'raise hand'icon if using the Zoom app or press'9 on the 1133.475.4499(Toll-Free).Wahine,'ID:61392857671 a.Members of the public wanting to speak virtually on an telephone to raise theft hand. Item during the meeting must click Me'raise hand'icon if using the Zoom app or press'9 on the telephone la NOTICE IS HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and CIty raise their hand. Commissioners al the City of Miami Beach.Florida.on July 20,2022,al 5:03 p.m.or as soon thereafter NOTICE IS HEREBY GIVEN that the(dowing Public Hearing aria be heard by the Mayor and City as the trotter can be heard: Commissioners of the City of Miami Beach.Florida,en July 20,2022,at 5:04 p.m.or as soon thereafter as 5.03 o.et.Flest Reading Public Hearing the matter can be heard: TOWN CENTER-CENTRAL CORE(TC-C)DISTRICT SELF-STORAGE USE-OPTION A 104 a.m.Second Readlna Public Hgylan AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, TOWN CENTER-CENTRALCORE(TC-C)DISTRICT SELF-STORAGE USE-OPTION B-COMPREHENSIVE AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH,SUBPART B, ENTITLED. 'LAND PUN REGULATIONS DEVELOPMENT REGULATIONS.'CHAPTER 142,ENTITLED.'ZONINODISTRtCTS AND REGULATIONS; AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, ARTICLE II,ENTITLED,-DISTRICT REGULATIONS,'DIVISION 21,ENTITLED'TOWN CENTER-CENTRAL AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN,PURSUANTTO THE EXPEDITED CORE(TC-C)DISTRICT,'AT SECTION 142-741.ENTITLED'MAIN PERMITTED USES,ACCESSORY -1 STATE REVIEW PROCESS OF SECTION 163.3184(3).FLORIDA STATUTES.BY AMENDING CHAPTER 1. USES,CONDITIONAL USES.PROHIBITED USES,AND SUPPLEMENTAL USE REGULATIONS,'BY ENTITLED RESILIENT LAND USE AND DEVELOPMENT ELEMENT,'AT POLICY RLU 1.1.31,ENTITLED PERMITTING'SELF-STORAGE WAREHOUSE'AS A PERMITTED USE FOR SITES WITH PREVIOUSLY 'TOWN CENTER-CENTRAL CORE CATEGORY(TGC)'BV PERMITTING SELF-STORAGE WAREHOUSE' EXISTING SELF STORAGE WAREHOUSE USES IN THIS ZONING DISTRICT:AND PROVIDING FOR AS A PERMITTED USE FOR SITES WITH PREVIOUSLY EX(STING SELF-STORAGE WAREHOUSE USES: CODIFICATION,REPEALER,SEVERABIUTY,AND AN EFFECTIVE DATE.This Ordinance is being heardAND PROVIDING FOR CODIFICATION,REPEALER.SEVERABIUTY,AND AN EFFECTIVE DATE. This Oromence is being heard pursuant to Section 118-166 of Me City's Lendoevebpmenl Code.tnouines maybe pursuant to Section 118.164 of the Culy's Land Development Code.Inquires may be directed to the Planning , directed to the Planning Department at 305 673.7550. Department at 305.673.7550. INTERESTED PARTIES are Invited to lake pert in this mating or be represented by an agent.The pudic INTERESTED PARTIES are invited to take part In this meeting or be represented by an agent.The public may submit written comments by sending an email to:�d'Ankduniinribe g mkt by 5:00 p.m.the day before may submit written comments by sending an emailt yt t A a Agenda Item Numbereachn in taov eb 5:0a sub the day the Cdy Commission Meeting.Please identify the Agenda item Number Intin email subiect line.Emceereceived before re City al Comnisarwron edto eMaPleasyirrfyoroisionitemNumbeeintheamidnpart olf wig be forwarded to the Mayor and Commissioners and al be included as a part of the meeting record. meetin received suns be forwarded to the Mayor arid Commissioners,and w!1 be included u a part of the meeting record. Copies of Agenda Items are available for pubic Inspection al:I18221hwvwmlamibearhn oevtoly-Ira l Copies of Agenda Items are available for public inspection at hobs l/yhvw.mian*eachllapv/ciln' ri1Y-clerkfagenda-aredvn-main.age-7(.This meeting,or any kern therein,maybe continued,and under such pall(dtv-derkJaaenda-archlvrmatn-oaee•2/.This meeting,or any Item therein,may be continued.and dreumstances,additional legal notice need not be provided. under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105.Fla.Stat.,the City hereby advises the public that If a person decides Pursuant to Section 286.0105,Fla.Stat..the City hereby advises the public that 8 a person decides to appeal any decision made by the City Commission concerning any matter considered at its meeting or its to appeal any decision made by the City Commission concerning any matter considered at Its meeting hearing,such person must ensure Mal a verbatim record of the proceedings is made,which record includes or its hearing•such person must ensure that a verbatim record of the proceedings Is made,which the testimony and evidence upon which Meappeal is to be based.This notice does net constitute consent by record Includes the teatlmony and evidence upon which the appeal Is to be based.This notice does net the City for the Introduction or admission of otherwise inadmissible on irrelevant evidence.nor does it ardbonce constitute consent by the City for the introduction or admission of otherwise inadmissible or Irrelevant challenges or appeals not otherwise allowed bylaw, evidence.nor does It authorize challenges or appeals not othervin allowed by law. To request thin material in an alternate format,sign language interpreter(l ve-day notice required), To request this material In an alternate format,sign language Interpreter(fine-day notice required), information on access for persons with disabilities,and/or any accommodation to review any document of Information on access for persons with disabilities.and/or any accommodation to review any document participate in saw Clty-eponsoied proceedings,ca0305.604.2499 and select 1 for English or 2 for Spanish,then or participate In any Cfty-sponaored proceedings,call 305.604.2469 and soled 1 for English or 2 for option 6;7TV users may call via 711(Fonda Relay Service). Spanish.then notion 6;TTY users may call via 711(Florida Relay Service). The City Commission Meeting al be broadcast live on Miami Bead,TV(MBTV),viewable on the The City Commission Meeting wit be broadcast live on Miami Beach N(MBTV),viewable on City's websife at Ellpfatalamkplinaclaggyagotgpmenknia as we as on Breading Cable channel the City's webehe:at hogs•//www.mlamlbeaWLoen/oavarnmeM/mMv/ as well as on Breezeane Cable 660,AT&T U-verse channel 99,HgWe Communications channel 395.and ROKU device on PEG.TV channel, channel 660,AT&T U-nrse channel 99,Hohnrw Comm ancatlons channel 395.and ROKU device on and on nodal media al I]agEJhavaclacdbookcartJd vof eanihra itl. PEG.TV channel,and on saelat media at PgaaJ/wvnefaceboeh.cam/eavotmiamibear:b. MIAMI BEACH rv11AMIBEACH Rafael E.Granada,City Clerk Rafael E.Granada My Clerk City of Miami Beach b City ofMlaml Beach CiNQerkoomiiaref, _d,,,`ha rev C'tvGerkvtmiem05.5N6.omr 305.673.7411 305.673.7411 AO:07202022-08 AD:07202022-07 Page 675 of 1502