Ordinance 2022-4506 Town Center-Central Core (TC-C) District Self-Storage Use— LDR-OPTION B
Ordinance No. 2022-4506
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY
CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED,
"LAND DEVELOPMENT REGULATIONS," CHAPTER 142,
ENTITLED, "ZONING DISTRICTS AND REGULATIONS,"ARTICLE
II, ENTITLED, "DISTRICT REGULATIONS," DIVISION 21,
ENTITLED "TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT,"
AT SECTION 142-741, ENTITLED "MAIN PERMITTED USES,
ACCESSORY USES, CONDITIONAL USES, PROHIBITED USES,
AND SUPPLEMENTAL USE REGULATIONS," BY PERMITTING
"SELF- STORAGE WAREHOUSE" AS A PERMITTED USE FOR
SITES WITH PREVIOUSLY EXISTING SELF STORAGE
WAREHOUSE USES IN THIS ZONING DISTRICT; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, since the Town Center - Central Core (TC-C) zoning regulations were
firstcreated 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
thepublic health, safety, and general welfare of its citizens; and
WHEREAS, the City seeks to encourage sites with existing self-storage warehouse
usesin the TC-C District to be redeveloped with a diverse mixture of uses while retaining an
essentialneighborhood 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
aboveobjectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OFTHE CITY OF MIAMI BEACH, FLORIDA.
1
SECTION 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
Article II, "District Regulations," Division 21, "Town Center-Central Core (TC-C) District," is
herebyamended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II.— DISTRICT REGULATIONS
* * *
DIVISION 21. —TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT
* * *
Sec. 142-741. - Main permitted uses, accessory uses, conditional uses, prohibited
uses,and supplemental use regulations.
Land uses in the TC-C district shall be regulated as follows:
(a) The main permitted, accessory, conditional, and prohibited uses are as follows:
General Use Category
Residential Uses
Apartments and townhomes P
Co-living P
Live-work P
Single-family detached dwelling P
Hotel Uses
a Hotel P
Micro-hotel P
Commercial Uses
Alcoholic beverage establishments P
Artisanal retail for on-site sales only P
2
Grocery store P
Indoor entertainment establishment P
Neighborhood fulfillment center P
Offices P
Restaurants P
Retail (including, for example, personal service establishments) P
Outdoor café P
Outdoor bar counter A
Sidewalk café A
Artisanal retail with off-site sales C
I Day care facility C
Public and private institutions C
Religious institution C
Schools C
Commercial establishment over 25,000 SF C
Retail establishment over 25,000 SF C
Neighborhood impact establishment C
Outdoor and open air entertainment establishment C
Self Storage Warehouse (in accordance with the requirements set forth in Section P
b 142-741(b)(9))
Pawnshop, tobacco and vape dealers, package liquor stores, check cashing stores, occult N
science establishments, and tattoo studios
3
P = Main Permitted Use,
C = Conditional Use,
N = Prohibited Use,
A= Accessory only.
(b) The following supplemental regulations shall apply to specific uses in the TC-C district:
Self-storage warehouse use shall only be permitted in accordance with the following:
a. 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.
b. New development on eligible properties described above are only eligible to have
aself-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 theresidential units on the property shall be leased or rented for a period
of less than six months and one day.
c. Floor area used for self-storage (exclusive of storefront office use for the self-
storagefacility) shall not exceed 50% of the gross floor area of the building.
d. All self-storage uses (other than storefront office use for the self-storage facility)
shallbe located above the ground floor and shall be fully concealed from view at all
levelsalong all street and sidewalk sides of the property.
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 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" 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.
4
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 010 day of 70. 2.022..
Dan Gelber, Mayor
ATTEST: JUL. 2 5 2022
Rafael E. Granado, City Clerk. _\'piM!.BEgc,,,,
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
UNCORP RATED)
•^0
First Reading: April 6 2022 ''' - H 2� 3""
Second Reading: May 4, 2022 City Attorney NV Date
Underline denotes new language
Verified by: 11214
Thomas R. Mooney, AICP
Planning Director
T:\Agenda\2022\4 April 2022\Planning\NB TCC-Self Storage Text Amendment OPTION B LDR-First Reading ORD.DOCX
5
Ordinances-R5 L
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission.
FROM: Alina T. Hudak, City Manager
DATE: July 20, 2022
5:05 p.m. Second Reading Public Hearing
SUBJECT:TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT SELF-STORAGE USE
-LDR-OPTION B
AN ORDINANCE OF THE, MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY
OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT
REGULATIONS," CHAPTER 142, ENTITLED, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED, "DISTRICT REGULATIONS,"
DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL CORE (TC-C)
DISTRICT," AT SECTION 142-741, ENTITLED "MAIN PERMITTED USES,
ACCESSORY USES, CONDITIONAL USES, PROHIBITED USES, AND
SUPPLEMENTAL USE REGULATIONS," BY PERMITTING "SELF-
STORAGE WAREHOUSE" AS A PERMITTED USE FOR SITES WITH
PREVIOUSLY EXISTING SELF STORAGE WAREHOUSE USES IN THIS
ZONING DISTRICT, 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 Arcola, 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
Page 676 of 1502
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
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, the
proposed Ordinance would allow for sites which had a self-storage use as of January 1, 2022 to
maintain the self-storage use 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, the proposed Ordinance contains limitations on
the proportion of the building that can be dedicated to self-storage use. 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 a
mixed-use building that will improve the street life and aesthetics of the surrounding community.
The subject Ordinance does allow for a slightly larger proportion of the building to be dedicated
to self-storage, since it utilizes a proportion of the gross floor area, which includes required
parking and other portions of the building that do not count in the calculation of floor area.
According to the owner of the existing self-storage facility, the slightly larger proportion makes
the project more financially feasible. The owner has also indicated that there is high demand for
self-storage use in the vicinity.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on March 22, 2022 and transmitted the Ordinance to
the City Commission with, a favorable recommendation (6-0). The Planning Board also
recommended that the prohibition for the short term rental of apartment units be in perpetuity, as
Page 677 of 1502
opposed to 30 years.
SUMMARY
The proposed regulations would allow the 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. The corresponding
Comprehensive Plan Amendment was also approved and transmitted to all applicable review
agencies. To satisfy the 35-day review period for all applicable regulatory agencies after First
Reading of the Comprehensive Plan Amendment, Second Reading /Adoption of the proposed
Ordinance and the Comprehensive Plan Amendment was set for June 22, 2022.
SUPPORTING SURVEY DATA
Enhance Development in the 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:
Description
❑ Map
❑ Ordinance
❑ Ad
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Page 679 of 1502
•
1BNE I NEIGHBORS I I SUNDAY JULY 3 2022
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ti , ORDINANCE AMENDING THE TOWN
NDRTH MIAMI CENTER-CENTRAL CORE(TC-C)DISTRICT
SELF-STORAGE WAREHOUSE USE
LAND DEVELOPMENT REGULATIONS(LDR)
PUBLIC NOTICE (OPTION B)
CITY OF NORTH MIAMI JULY 20, 2022
REQUEST FOR PROPOSAL HYBRID CITY COMMISSION MEETING
CDBG PUBLIC SERVICES On July 20,2022,Ore City of Miami Beach will host a Hybrid Commission Meeting.During the Hybrid
Commission Meeting,the City Commission will be pMsieeiN present in the Commission Chamber.Miami
The City of North Miami Is informing the general public that not-for-profit Beach City Hall,1700 Convention Center Drive,3rd Floor.Miami Beach.FL 33139.Applicants and the public
Community-Based Organizations CBOs)may submit proposals for CDBG are encouraged to attend the meeting virtually(as provided below).However.members of the public who
y- g ( P p wish to attend the meeting or provide public comment In person may appear at the Commission Chamber.
Public Services funding for fiscal year 2022-2023 from Wednesday, To partidpate or provide comment virtually during the Commission Meeting.the public may join the
July 13,2022 to Wednesday,August 3,2022 at 5:00 p.m. webinar at hogs://miamrbeechOrtov.zoom u0/51392857671 or via telephone at 1,301,715.8592(U.S.1 n
888,475.4499(Tollfree),Webinar ID:8'392857671■,Members of the public wanting to speak virtually
Responses to this Request for Proposal (RFP) must be submitted on an Item during the meeting must click the'raise hand'icon 9 using the Zoom app or press'9 on the
online through the following link: https://portal.neichborlvsoftware. telephone to raise their hand.
com/northmiami/oarticioant and will be available for access beginning NOTICE IS HEREBY GIVEN Oral the following Public Hearing will be heard by the Mayor and Clip
Commissioners of the City of Miami Beach.Florida,an July 20,2022,at 5:05 p.m.or as soon thereafter
on Wednesday,July 13,2022. as the matter can be heard:
Public Services activities are funded by the U.S.Department of Housing 105 b.m.Second Reeding Public Hearing
and Urban Development(HUD)through the CommunityDevelopment TOWN CENTER-CENTRAL CORE(TC-C(DISTRICT SELF-STORAGE USE-LOR-OPTION B
P g P AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
Block Grant(CDBG)program.Eligible Public Services activities under AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH. SUBPART B. ENTITLED, 'LAND
the CDBG program include, but are not limited to, job placement DEVELOPMENT REGULATIONS;CHAPTER 142,ENTITLED,'ZONING DISTRICTS AND REGULATIONS;
ARTICLE II,ENTITLED.-DISTRICT REGULATIONS,'DMSION 21.ENTITLED'TOWN CENTER-CENTRAL
services, workforce training, childcare, mental health, tutoring, fair CORE(TC-cl DISTRICT,'AT SECTION 142-741,ENTITLED'MAIN PERMITTED USES,ACCESSORY
housing counseling, energy conservation, financial literacy, summer USES.CONDITIONAL USES.PROHIBITED USES,AND SUPPLEMENTAL USE REGULATIONS,'BY
internshipprogram,etc.CDBG Public Services fundingcan be used for PERMITTING'SELF-STORAGE WAREHOUSE'AS A PERMITTED USE FOR SITES WITH PREVIOUSLY
P 9 EXISTING SELF STORAGE WAREHOUSE USES IN THIS ZONING DISTRICT;AND PROVIDING FOR
a range of eligible activities that meet the national objectives including CODIFICATION,REPEALER.SEVERABILITY,AND AN EFFECTIVE DATE This Ordinance is being heard
labor,supplies and materials. pursuant to Section 118-164 a/the City's Land Deveropmenr Code.Inquiries may be directed to the Planning
Department at 305.673.75SO.
A mandatory workshop to provide technical assistance for proposal INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent.The
submission will be conducted on Wednesday, July 20, 2022 from public may submit written comments by sending an email to:elluCterk®mtamibeachRoev by 5:00 pm.the
10 00 a.m.to 1 00 p.m.at Sunkist Grove CommunityCenter,12500 NW day before the City Commission Meeting.Please Identify the Agenda Item Number In the email subject
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Page 685 of 1502