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R5A-CD-2 Self Storage -Libbin-COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amendment proposing to modify the CD-2 District regulations in order to allow self warehouses as a Conditional use in certain areas of the Ci 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: OPEN & CONTINUE 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 22, 2013, the Administration recommends that the City Commission open and continue the item to a date certain of May 8, 2013. 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 MIAMI BEACH 381 AGENDA ITEM --=...,R..;_5_A..,.....:-_,.. DATE lf-11-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: April17, 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 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. ADMINISTRATION RECOMMENDATION Open and continue to a date certain of May 8, 2013. 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 61h 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 the subject item was moved to the April 22nd Land Use Committee meeting. As the April 22nd, 2013 Land Use meeting is after the April 17, 2013 Commission meeting the administration is recommending that the matter be opened and continued to the May 8, 2013 Commission meeting. 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 ih Street and Alton Road was presented to the Land Use and Development Committee. Several speakers commented on the proposed project and ordinance amendment, and the Committee discussed the possible impacts on the neighborhood. The LUDC then referred the item to the Planning Board, with direction to address limiting the proliferation of this use, and to address issues of signage. 382 Commission Memorandum CD-2 Self Storage April 17, 2013 ANALYSIS Page 2 of 3 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.1 A map showing CD-2 districts throughout the City that would also be affected by this proposed amendment is attached to this report. 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 (ORB) 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 located at '633 Alton Road, which is located within the expanded Flamingo Park Local 1 U.S. Census Bureau, "Industry Statistics Sampler," www.census.gov/econ/industrv/def 383 Commission Memorandum CD-2 Self Storage Apri/17, 2013 Page 3 of 3 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. 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 Open and continue to a date certain of May 8, 2013. JLM/KGB/JGG/R~tn-RM T:\AGENDA\2013\April 17\CD-2 Self Storage -MEM Open & Continue.docx 384 C0-2 SELF STORAGE ORDINANCE NO .. ____ _ 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 1 ; 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 1 U.S. Census Bureau, "Industry Statistics Sampler," www.census.gov/econ/industrv/def (5/4/2011) 385 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. Street; 3. Those properties within the Sunset Harbour area, generally bounded by Bay Road, Dade Boulevard and West Avenue. Additionally, self-storage warehouses shall follow the Development Regulations for "self- storage warehouse" in Section 142-306 and Setback Reguirements 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) 2 of 5 386 1.5 Commercial-Commercial-Commerciai-N/A Commerciai-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-storag!i! moderate income moderate income excegt that warehouse-housing: See housing: See the building ~. section 142-1183 section 142-1183 height shall Hotel unit: Hotel units-N/A be limited tQ 15%: 300-335 25 feet within 85%: 335+ 50 feet from the rear grogert¥ line for lots abutting an aile¥; and within 60 feet from a residential district for blocks with no aile¥. 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, lnteri e, Facing Rear Street At-grade 5 feet 5 feet 5 feet 5 feet parking lot on the same lot Pedestal and tower (non- oceanfront) If abutting an alley-0 feet 0 feet 0 feet 0 feet 1 0 feet when 1 0 feet when 5 feet Residential uses shall abutting a abutting a 10 feet when abutting follow the RM-1, 2, 3 residential residential district, a residential district setbacks district, un-less 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 3 of 5 387 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-1 0 feet uses-1 0 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. (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 applv to self-storage warehouse development {§} Notwithstanding the above setback regulations, "self-storage warehouse" in this district shall have the following setbacks: ill Front - 5 feet. @ Side facing a street - 5 feet. .Ql Interior side-7.5 feet or 8 percent of the lot width. whichever is greater; ffi 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: {21 In the CD-2 district, all floors of a building containing parking spaces shall 4 of5 388 incorporate the following: * * * .(Q} 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-commerciat 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 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 __ day of--------'' 2013. ATTEST: CITY CLERK First Reading: February 6, 2013 Second Reading: May 8, 2013 Underscore denotes new language Verified by:--------- Richard G. Lorber, AICP, LEED AP Acting Planning Director T:\AGENDA\2013\April 17\CD-2 Self Storage -ORO Open & Continue.docx 5 of5 389 City Attorney MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION Date THIS PAGE INTENTIONALLY LEFT BLANK 390