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HomeMy WebLinkAboutO-11357J-96-120 2/16196 ORDINANCE NO. 11357 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY: AMENDING SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW PUBLIC STORAGE FACILITIES AS A CONDITIONAL PRINCIPAL USE IN THE C-1 RESTRICTED COMMERCIAL ZONING DISTRICT, ADDING A NEW SECTION 946 REGULATING "PUBLIC STORAGE FACILITIES"; DEFINING "PUBLIC STORAGE FACILITIES"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of January 17, 1996, Item No. 2, following an advertised hearing adopted Resolution No. PAB 03-96 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 11357 Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:''-' "ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of district regulations. C-1 Restricted Commercial. Conditional Principal Uses: Same as for 0 district and in addition: 24 Public Storage Facilities by Special Exception, subject to applicable regulations set forth in Section 946 of this Ordinance. ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 946. Public storage facilities. The following standards limitations and requirements shall apply to Public Storage Facilities as conditional principal uses: 946 1 Definition of public storage facilities. 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 2 11357 Public storage facilities shall be defined as establishments containinq separate secured self -storage areas and/or lockers used for the temporary storage of household items and seasonal or recreational vehicles small boats, trailers, etc. These facilities shall be of a scale proportional and responsive to that of their surroundings, and will cater primarily to the needs of nearby residents. 946.2 Potentially adverse characteristics of use. The following characteristics associated with public storage facilities are of concern to the public interest For this reason the applicant shall address each category, graphically in the plans submitted for review and/or in written fashion in a statement attached to the plans. This documentation shall in turn be carefully considered when reviewing any and all applications for the implementation of this use: Storage of hazardous materials: customer safety: negative visual impact: loading and unloading of storage items: hours of operation: potential misuse of storage spaces, and off-street vehicle circulation patterns. 946.3 Limitations on public storage facilities. The conditions under which this use is permitted include, but are not limited to, - a) The maximum size of any individual rental space for storage of household items and equipment shall be 400 square feet: b) controlled access shall be provided to the complex and an adequate security/surveillance system shall be installed whether electronic or otherwise so that security personnel may keep vigilance over the facility and can be easily contacted in emergency or distress situations: c) access to all storage spaces will be from the interior of the structure and each storage space shall have independent and exclusive access through a secured door or pate: d) Public storage facilities shall be designed or remodeled so as to agree in character and scale with the prevalent scale and character of the surrounding area Careful consideration shall be given to the treatment of the blank walls generally associated with this use and to the way the around floor addresses the street. I135 e) Loading and unloading areas shall be evaluated on an individual basis for compliance with the following criteria: 1) Loading and unloading activities shall be limited to locations which are not visible from adjacent public rights -of -way. 2) The area set aside for such activities shall be arranged so as not to obstruct the smooth flow of traffic on the site. 3) The size and number of loading/unloading spaces shall be commensurate to the number and size of the storage spaces provided. To this effect the applicant shall provide a statement specifying the type and number of vehicles anticipated at peak hours and make all necessary provisions to ensure that only those vehicles provided for can access the site. f_) Parking shall be provided at the rate of (1) parking space per two thousand (2,000) square feet for the first twenty thousand (20,000) of gross floor area and one (1) parking space per ten thousand (10,000) square feet thereafter. q) Recreational or seasonal vehicles including boats, trailers, etc., stored in these facilities shall not exceed an overall length of twenty-five (25) feet and shall be stored within completely enclosed, adequately ventilated, structures. h) Hours of operation shall be established in response to the perceived demand for services but shall not exceed fifteen (15) continuos hours and shall not extend beyond 10:00 P.M. nor commence before 6:00 A.M. i) In addition to these restrictions upon individual evaluation of each proposed Public Storage Facility, appropriate measures may be required to minimize an otential adverse effects brought about by the implementation of the use with regards to the above or other pertinent concerns. ARTICLE 25. DEFINITIONS Sec. 2502. Specific definitions. 11357 Public Storage Facilities. An establishment containing separate, secured self -storage areas and/or lockers used for the temporary storage of household items and seasonal or recreational vehicles, small boats trailers etc. These facilities shall be of a scale proportional and responsive to that of their surroundings and will cater primarily to the needs of nearby residents. * * *» Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 26th day of March , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of April , 1996. ATTEST: WALTER MAN CITY CLERK STEP EN P. CLARK, AYOR 5 11357 PREPARED AND APPROVED BY: ,)VUTYE. MAX I CITY A TORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JO , III CITY ATTORNEY MS:Wl07.DOC 11357 .. FANN NG P L I ACT SHEET PZu12 APPLICANT Department of Community Planning and Revitalization. SECOND READING REQUEST/LOCATION Consideration of amending Articles 4, 9 and 25 of the Zoning Ordinance. LEGAL DESCRIPTION N/A. PETITION Consideration of amending Zoning Ordinance 11000, as amended, by amending Article 4, Section 401 "Schedule of District Regulations" to allow public storage facilities as conditional principal uses in the C-1 Restricted Commercial zoning district, Article 9 to provide a new Section 946 to set forth limitations, conditions and restrictions for the subject use and Article 25, Section 2502, "Specific Definitions" to provide a definition for public storage facilities. PLANNING Approval. RECOMMENDATION BACKGROUND AND This proposed amendment to the text of Zoning Ordinance 11000 seeks to include ANALYSIS public storage facilities as a conditional principal use in the C-1 Restricted Commercial zoning district. This use is presently permitted conditionally and regulated by determination of use not specified no. 95-015, issued on November 20, 1995. See attached determination of use not specified for analysis and additional information. PLANNING ADVISORY BOARD Approval. VOTE: 9-0. CITY COMMISSION Passed First Reading on CC 3/26/96. APPLICATION NUMBER 94-229 January 17, 1996 02/14/96 Item i 2 Page 1 11357 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Juan Gonzalez Acting Zoning Administrator Planning, Building and Zoning Dept. FR nn Luft, Dire for Community Planning & Revitalization. DATE: November 20, 1995 FILE SUBJECT : Request for a Determination Concerning Uses Not Specified: Public storage facilities REFERENCES Zoning Determination 95-015 ENCLOSURES: Pursuant to Section 904, Determinations Concerning Uses Not Specified, of Zoning Ordinance 11000, and in response to a perceived public need for the use herein addressed, it is hereby determined that: Public storage facilities are not specifically identified in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, but due to their particular characteristics they are compatible with the general intent of C-1 Restricted Commercial zoning districts and therefor merit inclusion as conditional principal uses therein. In considering whether Public storage facilities are presently addressed by the Zoning Ordinance of the City of Miami, the Department of Community Planning and Revitalization has made the following findings: 1. Chapter 25, Section 2502, "Specific Definitions" provides the following definition: Miniwharehouse. A miniwarehouse is a building or a group of buildings within a controlled access, fenced or walled area, designed to contain space in individual compartments (not to exceed eight hundred (800) square feet) available to the general public for rent or lease for storage of goods or wares. 2. Mention of this sort of use is first made in the C-2 Liberal Commercial zoning designation. The list of uses in C-2 includes warehousing as a permitted principal use. The term Warehousing is not found among those defined in Section 2502; however, two similar terms are defined therein as follows: Warehouse. Terminal facilities for the handling of freight or storage of goods and materials. Warehouses. Building containing separate storage spaces of varying sizes, leased or rented as individual leases. The first definition is clearly not applicable to the subject use. The second definition does address the use in question. In addition to this, specific mention is made of miniwarehouses in the offstreet parking requirements section of the C-2 zoning designation. It is thus reasonable to interpret that such structures and uses as are described in the second definition above, as well as miniwarehouses, are permitted principal uses in the C-2 Liberal Commercial zoning districts. I 1.1_ 57 IV 3. A similar use is permitted conditionally in the CBD Central Business District under the name CBD storage facility. This use is described in section 2502 as follows: CBD storage facility. A CBD storage facility is a facility providing for the storage of office furnishings, archive records and general personal property of businesses, agencies and professionals located in the CBD district. Such personal property is limited to: furniture and other household goods and retail merchandise to be sold at establishments in the CBD-1 district; provided, however, that storage of heavy equipment or any property that may be deemed hazardous, such as property which is inflammable, combustible, explosive or dangerous, is expressly prohibited. CBD storage facilities are further regulated and restricted by Section 939 of the Zoning Ordinance and are subject to Class II Special Permit review procedures. 4. Storage facilities of one sort or another as specified above are thus permitted by right in C-2 zoning districts and less restrictive districts and conditionally in the Central Business District. It is clear by their definitions and limited implementation, that the uses described above are intended to fulfill the demand for temporary storage space generated by industrial and commercial uses by virtue of their scale and location. Public storage facilities are instead intended to address the need for such a service generated by small scale commercial operations and residential districts. In considering the permissibility of Public storage facilities the Department of Community Planning and revitalization has made the following findings: 1. Public storage facilities shall be defined as establishments containing separate, secured self -storage areas and/or lockers used for the temporary storage of household items and seasonal or recreational vehicles, small boats, trailers etc. These facilities shall be of a scale proportional and responsive to that of their surroundings and will cater primarily to the needs of nearby residents and businesses. 2. The particular characteristics of public storage facilities are compatible with the intent of the C-1 Restricted Commercial zoning designation which reads in part: The restricted commercial category allows mixed use or commercial activities which generally serve the daily retailing and service needs of the public typically requiring easy access by pedestrians and private automobiles. 3. Issues of concern with public storage facilities are: storage of hazardous materials, customer safety, negative visual impact, loading and unloading of storage items, hours of operation, potential misuse of storage spaces and offstreet vehicle circulation patterns. _1.35 For these reasons it is concluded that public storage facilities shall be allowed as conditional principal uses in C-1 restricted commercial zoning districts subject to special exception review, so that appropriate precautions may be taken to address all related issues of concerned as outlined above. The conditions under which this use is permitted include, but are not limited to: a) The maximum size of any individual rental space for storage of household items and equipment shall be 400 square feet; b) controlled access shall be provided to the complex and an adequate security/surveillance system shall be installed, whether electronic or otherwise, so that security personnel may keep vigilance over the facility and can be easily contacted in emergency or distress situations; c) access to all storage spaces will be from the interior of the structure and each storage space shall have independent and exclusive access through a secured door or gate; d) Public storage facilities shall be designed or remodelled so as'to agree in character and scale with the prevalent scale and character of the surrounding area. Careful consideration shall be given to the treatment of the blank walls generally associated with this use and to the way the ground floor addresses the street. e) Loading and unloading areas shall be evaluated on an individual basis for compliance with the following criteria: 1) Loading and unloading activities shall be limited to locations which are not visible from adjacent public rights -of -way. 2) The area set aside for such activities shall be arranged so as not to obstruct the smooth flow of traffic on the site. 3) The size and number of loading/unloading spaces shall be commensurate to the number and size of the storage spaces provided. To this effect, the applicant shall provide a statement specifying the type and number of vehicles anticipated at peak hours and make all necessary provisions to ensure that only those vehicles provided for can access the site. f) Parking shall be provided at the rate of (1) parking space per (2,000) square feet for the first 20,000 of gross floor area, and (1) parking space per (10,000) square feet thereafter. g) Recreational or seasonal vehicles, including boats, trailers, etc., stored in these facilities shall not exceed an overall length of 25 feet. h) Hours of operation shall be established in response to the perceived demand for services but shall not exceed 15 continuous hours and shall not extend beyond 10:00 P.M. nor commence before 6:00 A.M. 600" 11357 i) In addition to these restrictions, upon individual evaluation of each proposed Public storage facility, appropriate measures may be required to minimize any potential adverse effects brought about by the implementation of the use with regards to the above or other pertinent concerns. At the next opportunity, this department will amend the Zoning Ordinance to appropriately reflect this determination. Until such amendment, this determination shall govern the regulation of this particular use. Cc: Christina M. Cuervo, Assistant City Manager. Carlos F. Smith, Assistant City Mananger. Lourdes Slazyk Assistant Director, Community Planning and Revitalization. Teresita L. Fernandez, Chief of Hearing Boards Division. Francisco Garcia, Planning Division. Central File: Determinations. (0 1 RESOLUTION PAB _ 03-96. A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE TEXT OF ZONING ORDINANCE 11000, AS AMENDED, BY AMENDING ARTICLE 4, SECTION 401, C-1 RESTRICTED COMMERCIAL ZONING DISTRICT, TO ALLOW PUBLIC STORAGE FACILITIES AS CONDITIONAL PRINCIPAL USES SUBJECT TO SPECIAL EXCEPTION REVIEW, BY AMENDING ARTICLE 9 TO PROVIDE A NEW SECTION 946 TO SET FORTH LIMITATIONS, CONDITIONS AND RESTRICTIONS FOR PUBLIC STORAGE FACILITIES AND BY AMENDING ARTICLE 25 SECTION 2502 TO PROVIDE A DEFINITION FOR PUBLIC STORAGE FACILITIES. HEARING DATE: January 17, 1996 VOTE: 9-0. ATTEST: JACK LUFT, DIRECTOR COMMUNITY PLANNING & REVITALIZATION DEPARTMENT 7 1I15