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R5P-Repeal Of CD-2 Self Storage -Wolfson-COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider the Repeal of an Ordinance Amendment that modified the CD-2 District lations to allow self-storage warehouses as a Conditional use in certain areas of the Citv. Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 4iok of residential respondents and 55o/o of businesses rate the effort put forth bv the Citv to requlate development is "about the rioht amount." Item Summary/Recommendation: FIRST READING PUBLIC HEARING On May B, 2013, the City Commission adopted Ordinance No. 201 3-3799, which created a Conditional Use procedure for Self Storage warehouses in the CD-2 districts along Alton Road between 6th and 1'1th Skeets. On January 15, 2014, at the request of Commissioner Jonah Wolfson, the City Commission referred an item to both the Planning Board and the Land Use and Development Committee pertaining to the repeal of Ordinance No. 2013-3799. The Administration recommends that the City Commission: 1) accept the recommendation of the Land Use and Development Committee via separate motion; and 2) deny the repeal of the Ordinance at First Reading. On February 19, 2014 the Land Use and Development Committee discussed the repeal of the subject Ordinance, and recommended not to repeal the Ordinance. On March 25, 2014, the Planning Board discussed the repeal of the subject Ordinance, and recommended not to reoeal the Ordinance bv a vote of 5 to 0. Financial I nformation : Source of Funds: Amount Account 1 2 3 OBPI Total Financial lmpact Summary: ln accordance with Charter section 5.02, which requrres that the "City of Miami Beach shall consider the long{erm economic impact (a1 least 5 years) of proposed legislative actions,'this shall confirm that the City Administration evaluated the longterm economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budqet. Clerk's Office Thomas Mooney T:\AGENDA\20'14\May\Repeal of CD-2 Self Storage - SUM First Read.docx E MIAMIBEACH AGENOA ITEM R5P489 4 MIAMIBEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Floridq 33'l 39, www.miomibeochfl.gov COMMISSION MEMORANDUM To: Mayor Philip Levine and Members FRoM: Jimmy L. Morales, City Manager DATE: May 21, 2014 SUBJECT: "Self-storage warehouse" in C FIRST READING PUBLIC HEARING 2, Gommercial Medium lntensity District REPEAL OF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA" BY CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,'' ARTICLE It, "D|STRICT REGULATIONS," DIVISION 5, CO-z..COMMERCIAL, MEDIUM INTENSIry DISTRICT," BY REMOVING..SELF.STORAGE WAREHOUSES'' AS A CONDITIONAL USE IN THIS ZONING DISTRICT;PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMIN ISTRATION RECOMMENDATION The Administration recommends that the City Commission: 1) accept the recommendation of the Land Use and Development Committee via separate motion; and 2) deny the repeal of the Ordinance at First Reading. BACKGROUND On May 8, 2013, the City Commission adopted Ordinance No. 20'13-3799, which created a Conditional Use procedure for Self Storage warehouses in the CD-2 districts along Alton Road between 6th and 11th Streets. The subject Ordinance also included a minimum dislance separation requirement between self-storage facilities of 300 feet, as well as additional development regulations and setback requirements. On January 15, 2014, at the request of Commissioner Jonah Wolfson, the City Commission referred an item to both the Planning Board and the Land Use and Development Committee pertaining to the repeal of Ordinance No. 2013-3799. On February 19,2014 the Land Use and Development Committee discussed the repeal of the subject Ordinance, and recommended not to repeal the Ordinance. LEGISLATIVE HISTORY This item was first heard by the Land Use Committee at its May 18, 2011 meeting, at which time the Committee continued the matter in order to give the proponents an opportunity to reach out to the members of the Flamingo Park Neighborhood Association. 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 and ordinance amendment, and the Committee discussed the possible impacts on the neighborhood.490 Commission Memorandum Repeal of CD-2 Self Storage May 21 , 2014 Page 2 ol 4 The LUDC referred the item to the Planning Board, with direction to address limiting the proliferation of this use, and to address issues of signage. Staff was further instructed to bring the matter back to the Committee after Planning Board review. On October 30, 2O12, lhe Planning Board recommended that the subject ordinance be approved (Vote 5-2. Stolar and Lejeune opposed). 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:o Along Alton Road. Within Sunset Harbourr 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 February 6,2013, the City Commission approved the subject Ordinance at First Reading, and referred the matter back to the Land Use Committee, in order to discuss the following: o Modifying the permissible areas for CD-2 self-storage to only include that portion of Alton Road between 6th and 11th Streets. . Adding a minimum distance separation requirement between self-storage warehouses. The Land Use Committee discussed the item on April 23, 2013 and recommended approval with the changes proposed at First Reading. On May 8th, 2013, the Ordinance was adopted by the City Commission. ANALYSIS Prior to the adoption of the subject legislation, the City Code only permitted "warehouse" use in the CD-1 , Commercial Low lntensity zoning district as a Conditional Use, and as a main permitted use in the l-1 Urban Light lndustrial District; this use was not permitted in any other zoning district in the City. Because the less intense CD-1, Low lntensity, zoning district already allowed for "warehouses" as a Conditional Use, staff believed that it was appropriate to consider updating the list of Conditional Uses within the CD-2, Commercial, Medium lntensity, zoning district by adding "Self-Storage Warehouses" as Conditional Uses, with certain safeguards. The subject Ordinance requires that self-storages facilities in a CD-2 District obtain Conditional Use approval by the Planning Board. ln addition to determining whether a self-storage facility is an appropriate and compatible use for a particular property, the Planning Board is also able to fully address traffic, scale, massing, operations and any olher relevant aspect of this use. Traffic, vehicular circulation and parking are addressed through the conditional use process, so as to avoid or mitigate any adverse impacts to adjacent residential districts. 491 Commission Memorandum Repeal of CD-2 Se/f Slorage Mav 21 2014 pana '1 ,'i n Because of concerns raised regarding the compatibility of self-storage warehouses to residential areas in close proximity, increased rear setbacks and reduced height abutting adjacent residential properties were included in the Ordinance. The subject Ordinance also places additional restrictions on the overall height, bulk & massing (FAR) of self- storage facilities, and requires that all portions of the first level of the structure facing a street or sidewalk be substantially activated. The following are the specific requirements and regulations for any proposed self- storage facility proposed along Alton Road from 6th to 11th Street: . Conditional Use Approval, in accordance with the crileria in Section 118-192(a), shall be required.r The minimum distance separation between self-storage warehouses shall be 300 feet.. The maximum building height for self-storage warehouses shall not exceed 4 stories / 40 feet; additionally, the building height shall be limited to 25 feet within 50 feet from the rear prope(y line for lots abutting an alley and within 60 feet from a residential district for blocks with no alley.. The maximum floor area ratio (FAR) for self-storage warehouses shall be 1.5 and the 2.0 FAR provision for mixed use buildings shall not apply to self-storage warehouse development.. The setback requirements for self-storage warehouses shall be as follows: have the following setbacks: (1) Front-S feet; (2) Side facing a street-S feet; (3) Interior side-7.5 feet or 8 percent of the lot width, whichever is greater; (4) 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.. 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 percent of each street frontage shall consist of office, retail or commercial uses, and the remaining portion of each street front shall consist of noncommercial, 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. ln the event a lesser portion of office, retail or commercial space is permitted, the remaining portion of each street front shall consist of noncommercial, recessed display areas or similar treatment. The proponent of the original Ordinance Amendment had previously proposed to develop a self-storage facility on the property 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. ln this particular instance, 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. 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 492 Commission Memorandum Repeal of CD-2 Sef Storage May 21 , 2014 Page 4 ol 4 well vetted. As indicated previously, staff believes that a self-storage facility may not be compatible on every property within the CD-2 district along Alton Road. 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. PLANNING BOARD REVIEW On March 25, 2014, the Planning Board discussed the repeal of the subject Ordinance, and recommended not to repeal the Ordinance by a vote of 5 to 0. NOTICE AND HEARING REQUIREMENTS ln accordance with Section 118-164(2) of the City Code, the City Commission shall hold two (2) advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the Commission, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearings shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. FISCAL IMPACT ln 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 proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission: '1 ) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) De4y the repeal of the Ordinance at First Reading. ;&rti*,,*^; T:\AGENDA\2014\May\Repeal of CD-2 Self Storage - MEI/ First Read.docx 493 REPEAL OF CD-2 SELF STORAGE ORDINANCE NO. REPEAL OF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CIry OF MIAMI BEACH, FLORIDA, BY CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTIGLE II, "DISTRICT REGULATIONS,'' DIVISION 5, CD-z "COMMERCIAL, MEDIUM INTENSITY DISTRICT,'' BY REMOVING "SELF-STORAGE WAREHOUSES" AS A GONDITIONAL USE IN THIS ZONING DISTRICT; PROVIDING FOR REPEALER, SEVERABILIry, 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 goodsl; and WHEREAS, the CD-1, Low lntensity, zoning district, a less intense zoning classification than the CD-2, Commercial, Medium lntensity 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 lntensity, zoning district by removing "Self-Storage Warehouses" as Conditional Uses; and WHEREAS, changing the actual list of Conditional Uses within the CD-2, Commercial, Medium lntensity, zoning district by removing "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 GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SEGTION 1. City Code Chapter 142, "Zoning Districts and Regulations," Adicle ll, "District Regulations," Division 5, CD-2 "Commercial, Medium lntensity District," Section 142-303, "Conditional Uses," is hereby amended as follows: Sec. 142-303. Gonditional 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; publlc 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, "lndustry Statistics Sampler," www.census.qov/econ/industrv/def (5t4t2011) 494 eStablishment;@,andstorageand/orparkingofcommercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. 192 (a)' self sterage wareheuses shatl enly be permitted te be eensidered by the Planning Beard as a eenditienal Use fer BreBerties leeated within a eD 2 distriet aleng in SEGTION 2. City Code Chapter 142, "Zoning Districts and Regulations," Article ll, 'District Regulations," Division 5, CD-2 "Commercial, Medium lntensity 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 Floor Area Ratio Minimum Lot Area (Square Feet) Minimum Lot Width (Feet) Minimum Apartment Unit Size (Square Feet) Average Apartment Unit Size (Square Feet) Maximum Building Height (Feet) Maximum Number of Stories 1.5 Commercial- None Residential- 7,000 Commercial- None Residential-50 Commercial-NiA New construction- 550 Rehabilitated buildings---400 Non-elderly and elderly low and moderate income housing: See section 142-1 1 83 Hotel unit: 15%: 300-335 85%: 335+ Commercial-N/A New construction- 800 Rehabilitated buildings-550 Non-elderly and elderly low and moderale income housing: See section '142-1 183 Hotel units-N/A 50 (except as provided in section 142- 1161.S€ll ste+age warehesse- exG€pt+hat $e+uilaing h€ight-€he+ be-.limited+e SsJeetr rithin soJe€t+€m the-rear p+€p€CyliE€ fer-l€{€ abufliHg-an a[eyi€nC wi{hin€€+eet ft€m-a I€€id€ntial Ci€+i€{Jer bleeks wilh,ne 5 (except as provided in section 142- 1161 Sel+ste+age warch€u€e- + 2of5 495 ail€)'. ing€-in SECTION 3. City Code Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," Division 5, CD-2 "Commercial, Medium lntensity 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: (b) The tower setback shall not be less than the pedestal setback. 3of5 Front Side, lnterior Side, Facing a Street Rear At-grade parking lot on the same lot 5 feet 5 feet 5 feet 5 feet lf abutting an alley-o feet Subterranean 0 feet 0 feet 0 feet 0 feet Pedestal and tower (non- oceanfront) 0 feet Residential uses shall follow the RM-1, 2, 3 setbacks (See sections 142- 156, 142-218 and 142- 247 1 0 feet when abutting a residential district, otherwise none Residential uses shall follow the RM- I, Z, O setbacks (See sections 142-156, 142- 218 and 142- 247 '10 feet when abufting a residential diskict, unless separated by a street or waterway otheMise none Residential uses shall follow the RM-1,2,3 setbacks (See sections 142-156,142-218 and 142-247 5 feet 10 feet when abutting a residential district unless separated by a street or waterway in which case it shall be 0 feet. Residential uses shall follow the RM-1,2, 3 setbacks (See sections 142- 156, 142-218 and 142-247 Pedestal and tower (oceanfront) Pedestal-15 feet Tower-2o feet + 1 foot for every 1 foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constiant. Residential uses shall follow the RM-1 ,2,3 setbacks (See sections 142- 156, 142-218 and 142- 247 Commercial uses-1 0 feet Residential uses shall follow the RM- 1,2,3 setbacks (See sections 142-156,142- 218 and 142- 247 Commercial uses-1 0 feet Residential uses shall follow the RM-1,2,3 setbacks (See sections 142-156, 142-218 and 142-247 25% of lol depth, 75 feet minimum from the bulkhead line whichever is greater Residential uses shall follow the RM-l , 2, 3 setbacks (See sections 142- 156, 142-218 and 142-247 496 (c) Parking lots and garages: lf located on the same lot as the main structure the above setbacks shall apply. lf 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 fleer area ratie (FAR) fer "self sterage wareheuse" shall be 307(d)(2) abeve shall net aBBly te self sterage wareheuse develeBment'(e) Netwithstanding the abeve setbaek regulatiens' "self sterage wareheuse" in this # @(3) lnterier side - 7,5 feet or I Bereent ef the let width' whiehever is greater; ('1) Rear fer lets with a rear preperty line abutting a residential distriet the rear yard setbaek shall be a minimum ef 25 feet; fer leFs with a rear fee+ SEGTION 4. City Code Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," Division 5, CD-2 "Commercial, Medium lntensity District," Section 142-308 " Additional regulations for new construction," is hereby amended as follows: (d ln the CD-2 district, all floors of a buildlng containing parking spaces shall incorporate the following: {b) ln the GB 2 distriet; eaeh side ef the first fleer frentage of a self sterage wareheuse building faeing a street er sidewalk; shall inelude effiee; retail er eemmereial sses, Net less than 60% ef eaeh street frentage shall eensist ef effiee, retail er eemmereial uses' and the remaining pertien ef eaeh street frent snatt eeneist ef no Design ReviewBeard er Histerie Preservatien Beard; as applieable' may permit a eemmereial spaee is permitted, the remaining pertien ef eaeh street frent shall eensist ef non crmm 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 4of5 497 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 accompllsh such intention, and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 7. Severability. lf 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 2014. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION "{-4'+ Dale S+ike+n+eugh denotes deleted lang uage First Reading: May 21, 2014 Second Reading: June 11,2014 Verified by: Thomas R. Mooney, AICP Planning Director T:\AGENDA\2014v\,lay\Repeal of CD-2 Self Storage - ORD First Read.docx 5of5 498 o,3;E€=$3 ::S1 E F. i' Efr gE €EJE EE; EEE-' FE:! E E: EE g' o.i!F !, Jfr !:Ei Ei$: : E: sE 'aA ;i'I?=E O)r ,FEa ts*lH s s: Ei; EEEseI EfE{EgE ; E.T,E E g.C eT EE H;EB ; ?; EE FE ;-= Ps E 3s sE 6di erq+ = r-O E> >E #;*ig iE$PEE" issE :SECEE3 €EHg EcET ;E i: L'E*P E,f ;E E9',E EEHE E;i= E! 6F EEfi€ iEs: EE EI L.s-6 FEPU t: €5 EEE? 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Ftorira. on Itbdn 8dsy, d A,2Ot4, rt l1:35 r.m. b corBi(br: Ropoalolfiordin csAmodhgTD Codo ofTlB City 0l MhIIi 8oeh, Flod&, By $a@f 142, "Zoning oistricts A/rd 86gdatidE," &tich , 'osbict Bquhtims,, Divisbn 5. C0-2 "Cunrnorcial, i,bdium lntHBity Distict,' By R€rDving "Sdl-SoragoWbrslrus6'AsA Coll(titionei tho ln lhb Zming Distsicl; Pru/idng Fo( Ropoahr, S6vfl&ility, Coditbali And An E roctive oale, lnquiries may be rliroct€d to ths Phnning Deparftsnl al 305-673-7550. All i0br€6t€d p lies re invited h app€ar al tis mEting 0r be rgfl€*ented by an agenl, or to Bxpr€ss lheir vi€irys in yjrfino addrEssd t0 h€ gty Cdnmission do fie Ptanning DopartnEnt'1700 Cmt/6ntio0 C€nter ttrivo, Oly tb[, i/tiami Beacfi, Rorida :(1139, Cofios d lhe p.opced arnon&nenb are alrailabb in ths Plafltiru D6garlrErf. Pu[clfllt to Florih Stat. 286.0105, hs City My advisos he BAlb tlEt il a persoo d6cir6 b appeal any (hcl$n mado B ttB City Conmissbn wih rBspoct b any maiter cmddorod al ib mstho r ib lBaring, sudl pds,l mud fi$rE that a v€rDalim record olttE poco€dings is md6, whiJr rEtrU m6t incll.do tlE hSirmy afir ovidercs eon s,t*,l Uro app6l b h bo basod lhh notir does mt consttrto coEaflt by tr CE lot tle infodnttdl o.d issioo ol dBnvi66 iudri6siuG or irrEla,anl ovir6nc€. no. dcos it artbrizD chdhgDs o. appGab nd othen iso allo od by hr.r. Ihis hearing may b6 cortirued, ard und6r srci circumsbnc€s, addtbnal hoal noths ns€d nol bs provitod. To rquost $is mat€fhl h acc66siuo ,onnal, ggfl hnguag€ inbrprolefs, inlormatbn ofl accsss fDr porsons with disatilitis andor any accomrno&tbn to ra,bw ary d$umoflt or participale in any Cily-spoGo(ad F0cooding, ploase codbcl us fivB days in advame at 305-673-7{11(voics) or TTY us€rs may also call the Flod.h Belay S€rvice at 711, tlafael E. Gramdo, Oty Clsrk Ad * 885 Oty o, Miami Boad| 500