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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 Page 678 of 1502 li North Beach .e F .- * �. = Town Center - Central Core (TC-C) --- T 4" Self-Storage Facilities 4 (41011 KS M i. -,:' RIM,,;1:4 -._ '.' 'P."... ;#; 4 ? 7 `4. —.-a.-494, - -.; ,.-=- ..a: ,.J43S� ``-.7 4.- ; 4`e9. '2�':' `�(w+`rsr, ,-Y• Ej6141i&11 I ,. 114,. , - v - • _ Iz . a,-- F:; �=--tom - - , 7_ 4u 4 0 •`.� `y ' ... It . CV A, m I,. . `. L 1,i Public Storage • I '_ ,• 331 69th Street . R MN& -;-• - i- U 0 G2%a 125 250 375 500 A ,,W w ,.1' 1-$44it Feet 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 • tine.Emits received will be forwarded to the Mayor and Commissioners and will be included as a part of 13nb Avenue,North Miami,FL 33167. the meeting record. The total approved allocation for FY 2022-2023 Public Services funding Copies of Agenda Items are available for pudic Inspection at hftos://www.miamibeachti.eovIclty- lralUcl(y•clerk/seende-archtoe-rnaln-oaae-2/.Tbls meeting,or any Item lhereln,may be continued.and IS S100,000, under such circumstances,additional legal notice need not be provided. Please refer all questions prior to the submission deadline,August 3, Pursuant to Section 286A10S.Fla.Slat,the City hereby advises the pudic that if a person deddes to appeal any decision made by the City Commission concerning any matter considered at Its meeting or Os 2022 to: hearing,such person must ensure that a verbatim record of the proceedings Is made.which record includes City of North Miami the testimony and evidence upon which the appeal Is to be based.This notice does not consteute consent by the City for the Introduction or admission of oohewlse Inadmissible or irrelevant evidence,nor does It authorize Housing and Social Services Department challenges or appeals not otherwise allowed by law. Attn:Social Services Administration To request this malarial In en alternate format,sign language interpreter(Overlay notice required), 13753 NW 7th Avenue,North Miami,FL 33168 information on access for persons Wet,diaabiHOee.and/or am'accommodation to review any document Or email at:Ct30S®nOrthmiamifl. OV or participate In any City-sponsored proceedings,call 305.504.2489 and select I for English Os a 2 l g Spanish,then option 6;TTY users may call via 711(Florida Relay Service). IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES The City commission Meeting wig be broadcast tie on Miami Beach TV(MBTV),viewable en ACT OF 1990, PERSONS NEEDING SPECIAL ACCOMMODATION the City's weblike at hltoe:/tow rrnlamIbaechll.aov/aovernment/mblvi as well as on Breezdlne Cable channel 660,AT&T U-verge channel 99,Holwire Communications channel 395,and ROKU device on PEG. TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE TV channel,and on metal media at https'fLOnM facebeek.com/ellvolminmlheveh. HOUSING AND SOC NO LATER THAN FOUR (4) DAYS PRIOR OLCES THE PROCEDIDEPMNG TELEPHONE 1 ' AMIBEACH (305)893'6511,EXT.20000,FOR ASSISTANCE.IF HEARING IMPAIRED, Rafael E.Grenade,City Clerk TELEPHONE 711 OR YOU MAY CONTACT 1-800-955City of Mlaml Beach 8771 FOR THE r'dtvr:kKkam)amibeaah9.bav FLORIDA RELAY SERVICE FOR ASSISTANCE. IF REQUESTED THIS 305.673.7411 DOCUMENT CAN BE PROVIDED IN AN ALTERNATIVE FORMAT. AD:07202022-09 Page 685 of 1502