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* I.9111IIAlFI * File ID: #6915
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Ordinance
Second Reading
Sponsored by: Joe Carollo, Commissioner, Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
TEMPORARY TWO HUNDRED SEVENTY (270) DAY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING
ENTITLEMENTS FOR PUBLIC STORAGE FACILITIES IN THE CITY OF MIAMI;
DECLARING ZONING -IN -PROGRESS AS TO THE ACCEPTANCE OF
APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS FOR
PUBLIC STORAGE FACILITIES; PROVIDING FOR EXTENSION OF SAID
MORATORIUM BY RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 6915 (Revision:) Printed On: 31912020
File Number: 6915
City of Miami
Legislation
Ordinance
Enactment Number: 13888
Final Action Date: 1/23/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
TEMPORARY TWO HUNDRED SEVENTY (270) DAY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING
ENTITLEMENTS FOR PUBLIC STORAGE FACILITIES IN THE CITY OF MIAMI;
DECLARING ZONING -IN -PROGRESS AS TO THE ACCEPTANCE OF
APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS FOR
PUBLIC STORAGE FACILITIES; PROVIDING FOR EXTENSION OF SAID
MORATORIUM BY RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, "Public Storage Facilities," as defined by Article I, Section 1.2 of the Miami
21 Code, are defined as "An establishment containing separate, secured self -storage areas or
lockers used for the temporary storage of household items and seasonal or recreational
vehicles, small boats, trailers etc. These facilities cater primarily to the needs of nearby
residents"; and
WHEREAS, on December 12, 2010, the City Commission adopted Ordinance No. 13238
which, inter alia, modified the Miami 21 Code by altering parking requirements for Public
Storage Facilities; and
WHEREAS, on January 26, 2012, the City Commission adopted Ordinance No. 13307
which modified the Miami 21 Code by altering parking requirements for Public Storage Facilities
and removing a 55,000 square foot maximum floor area for those facilities located in T5-0,
"Urban Center Transect Zones," and T6-0, "Urban Core Transect Zones"; and
WHEREAS, on March 23, 2017, the City Commission adopted Ordinance No. 13674
which modified the Miami 21 Code by requiring that Public Storage Facilities in T5-0, "Urban
Center Transect Zones," and T6-0, "Urban Core Transect Zones," contain ground floor retail
uses and mandating a 2,500 -foot distance separation between Public Storage Facilities in these
transect zones; and
WHEREAS, the City Commission has noted the rapid development in Public Storage
Facilities throughout the City of Miami ("City") including along major commercial thoroughfares
and nearby residential neighborhoods; and
WHEREAS, Sections 2.1.2(b)(1) and (2) of the Miami 21 Code establish development goals
of "Rebuilding the City's commercial Corridors to function as Mixed -Use, transit -oriented,
walkable centers for adjacent Residential Neighborhoods" and "Ensuring that private
Development contributes to increased infrastructure capacity, and through building embellishes
a pedestrian -friendly public realm of highest ambient quality," respectively; and
City of Miami File ID: 6915 (Revision:) Printed On: 31912020
WHEREAS, Sections 2.1.2(a)(1) and (2) of the Miami 21 Code establish conservation goals
of "Preserving Neighborhoods, Historical Resources and the natural environment" and
"Improving the relationship between low Density Residential neighborhoods and adjacent
Commercial Corridors with appropriate transitions of Density and Height following the theory of
the Transect", respectively; and
WHEREAS, the City Commission is concerned that the rapid proliferation of Public
Storage Facilities City-wide including on major corridors and near residential neighborhoods is
contrary to the City's development and conservation goals because such facilities:
1. Hinder the creation of walkable commercial corridors and the encouragement of
transit -oriented developments due to their car -dependent nature;
2. Inhibit a pedestrian -friendly realm as upper floors are devoted to storage in lieu of
more active uses such as offices, lodging, or residential;
3. Do not preserve neighborhoods as more active commercial uses in underutilized
structures not built to a property's highest and best use are replaced by Public
Storage Facilities, diminishing opportunities to have commercial uses near residents
who patronize the same and further encourage walkability;
4. Do not improve the relationship between commercial corridors and low-density
residential neighborhoods because their development displaces potential medium or
high-density residential development on the commercial corridor that relieves
development pressure on low-density neighborhoods; and
5. Encourage additional vehicular traffic due to the vehicle -dependent nature of the use,
which has a deleterious effect on surrounding neighborhoods, including the use of
minor streets to access such uses as cut -through routes; and
WHEREAS, although the City Commission has adopted numerous amendments to the
Miami 21 Code related to this use over the past nine (9) years, the City Commission wishes to
preserve the status quo on the number and location of Public Storage Facilities for a limited
period of time in order to comprehensively review their impact on the City's development and
conservation goals, general welfare, and surrounding property values and review, consider,
modify, process for adoption, and implement additional regulations pertaining to the location and
numerosity of these facilities; and
WHEREAS, the City Commission anticipates that two hundred seventy (270) days will
be sufficient time to formulate a new policy regarding Public Storage Facilities and that a
temporary ban on Public Storage Facilities during this brief time period is necessary to ensure
the problems created thereby are not exacerbated while undertaking this review;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby establishes a temporary two hundred seventy
(270) day ban on the acceptance of applications for any building permits or zoning entitlements
for Public Storage Facilities as defined in the Miami 21 Code.
Section 3. The City Commission may, by resolution, extend the temporary ban on Public
Storage Facilities, if necessary, to further study Public Storage Facility uses and regulations
necessary to ensure their compatibility with the City's development and conservation goals as
outlined in the Miami 21 Code and consistency with the Miami Comprehensive Neighborhood
Plan.
City of Miami File ID: 6915 (Revision:) Printed On: 31912020
Section 4. Zoning -in -progress is hereby instituted as of the date of initial publication of
this Ordinance on a Planning, Zoning, and Appeals Board or City Commission agenda,
whichever occurs first, as it relates to the acceptance of any application for a building permit,
certificate of use, or zoning entitlement for Public Storage Facilities. Zoning -in -progress is
effective for the duration of the temporary ban authorized herein unless this Ordinance fails to
be adopted by the City Commission at which time said zoning -in -progress shall be lifted.
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
i ria ndez, ity ttor ey 12/3/2019 LiAt6riaWnd6z, JCEy Attor iey 3/6/2020
' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 6915 (Revision:) Printed On: 31912020