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HomeMy WebLinkAboutLegislation SUB 12-27-2021City of Miami Legislation Ordinance: 13906 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. airy na I 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6930 Final Action Date: 6/11/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO DISALLOW PUBLIC STORAGE FACILITIES IN A "T5," URBAN CENTER ZONE, AND "T6," URBAN CORE ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City of Miami ("City") adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, Public Storage Facilities are generally designed with a lack of architectural diversity and inactive ground floors; and WHEREAS, Public Storage Facilities have been detrimental to commercial corridors; and WHEREAS, the Planning, Zoning and Appeals Board at its meeting on January 15, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-005 by a vote of eight to zero (8-0), Item No. PZAB. 6, recommending approval to amend Article 6, Table 13, titled "Supplemental Regulations", to disallow Public Storage Facilities in "T5," Urban Center Transect Zones, and "T6," Urban Core Transect Zones; and WHEREAS, the City Commission has considered whether the proposed change will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, due consideration has been given to the need and justification for the proposed change, including changed conditions that make the passage of the proposed change necessary; 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby further amended by modifying Article 6, Table 13 in the following particulars:1 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. City of Miami 6930 Legislation SUB 12/27/2021 Page 1 of 5 File ID: 6930 (Revision: C) Printed On: 12/22/2021 File ID: 6930 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13906 "ARTICLE 6. SUPPLEMENTAL REGULATIONS TABLE 13. T5 - URBAN CENTER ZONE - OPEN DENSITY (U PA) PUBLIC STORAGE FACILITY * * * T5 —URBAN CENTER ZONE RESTRICTED LIMITED OPEN 65 UNITS PER ACRE 65 UNITS PER ACRE 65 UNITS PER ACRE Allowed by Warrant and subject to the following additional requirements: Minimum distancc requirement of 2,500 feet radius between proposed facility and another existing facility. Waiver for reduction in distance requirement is not issible. Public Storage Facilities shall have ground floor retail along principal frontage. A minimum of 50% of the proposed ground floor retail shall be unrelated to the Public Storage Facility. The maximum size of any individual storagc rental spacc shall be /100 square feet. Controlled access and adcquate security surveillancc shall be provided throughout facility. Any boat or vchicic City of Miami Page 2 of 5 File ID: 6930 (Revision: C) Printed on: 12/22/2021 File ID: 6930 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13906 DENSITY (U PA) PUBLIC STORAGE FACI LITY stored in these facilities shall not exceed an overall length of 25 feet and shall be stored within a completely enclosed and ventilated Structure. Hours of operation shall be limited to 5:00 am to 11:00 pm. * * T6 —URBAN CORE ZONE RESTRICTED LIMITED OPEN 150 UNITS PER 150 UNITS PER 150-1,000 UNITS PER ACRE* ACRE* ACRE* Allowed by Warrant and subject to the following additional rcquirements: Minimum distancc requirement of 2,500 feet radius between proposed facility and anothcr cxisting facility within any T5 or T6 Zone. Waiver for reduction in distance requirement is not issible. Public Storage Facilities shall have ground floor retail along principal frontage. A minimum of 50% of the proposed ground floor retail shall be unrelated to the Public Storage Facility. The maximum size of any individual storagc rental spacc shall be /100 square feet. City of Miami Page 3 of 5 File ID: 6930 (Revision: C) Printed on: 12/22/2021 File ID: 6930 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13906 Controlled access and adcquate security surveillancc shall be provided throughout facility. Any boat or vchicic stored in these facilities shall not exceed an overall length of 25 feet and shall be stored within an enclosed and ventilated Structure. Hours of operation shall be limited to 5:00 am to 11:00 pm. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or realtered and that the word "Ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. Notwithstanding the passage of Ordinance No. 13888 on January 23, 2020 imposing a moratorium on new applications for zoning entitlements and building permits for Public Storage Facilities ("Moratorium"), vested rights that accrued for a Public Storage Facility from an application for a zoning entitlement or building permit submitted prior to the imposition of the Zoning in Progress and Moratorium shall be recognized. Section 6. Any legal non -conforming Public Storage Facilities must comply with all of the regulations in place at the time of issuance of the zoning entitlement. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption by the City Commission.2 2 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 Page 4 of 5 File ID: 6930 (Revision: C) Printed on: 12/22/2021 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 6930 Enactment Number: 13906 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 5 of 5 File ID: 6930 (Revision: C) Printed on: 12/22/2021 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 6930 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO DISALLOW PUBLIC STORAGE FACILITIES IN A "T5," URBAN CENTER ZONE, AND "T6," URBAN CORE ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City of Miami ("City") adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, Public Storage Facilities are generally designed with a lack of architectural diversity and inactive ground floors; and WHEREAS, Public Storage Facilities have been detrimental to commercial corridors; and WHEREAS, the Planning, Zoning and Appeals Board at its meeting on January 15, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-005 by a vote of eight to zero (8-0), Item No. PZAB. 6, recommending approval to amend Article 6, Table 13, titled "Supplemental Regulations", to disallow public storage facilities in the "T5," Urban Center Zone, and "T6," Urban Core Zone, Transect Zones; and WHEREAS, the City Commission has considered whether the proposed change will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, due consideration has been given to the need and justification for the proposed change, including changed conditions that make the passage of the proposed change necessary; 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby further amended by modifying Article 6, Table 13 in the following particulars:1 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 unchanaed material. City of Miami File ID: 6930 (Revision: A) Printed On: 6/2/2020 SUBSTITUTED "ARTICLE 6. SUPPLEMENTAL REGULATIONS TABLE 13. T5 - URBAN CENTER ZONE - OPEN DENSITY (UPA) PUBLIC STORAGE FACILITY * * * T5 —URBAN CENTER ZONE RESTRICTED LIMITED OPEN 65 UNITS PER ACRE 65 UNITS PER ACRE 65 UNITS PER ACRE Allowed by Warrant and subject to the following additional rcquirements: Minimum distancc requirement of 2,500 feet radius between proposed facility and anothcr cxisting facility. Waiver for reduction in distance requiremcnt is not issible. Public Storage Facilitics shall have ground floor retail along principal frontage. A minimum of 50% of the proposed ground floor retail shall be unrclatcd to the Public Storage Facility. The maximum size of any individual storagc rental spacc shall bc /100 square feet. Controlled access and adcquate security surveillancc shall bc provided throughout facility. Any boat or vchicic stored in these facilities shall not exceed an overall length of 25 feet City of Miami File ID: 6930 (Revision: A) Printed On: 6/2/2020 SUBSTITUTED DENSITY (UPA) and shall be stored within a completely enclosed and ventilated Structure. Hours of operation shall be limited to 5:00 am to 11:00 pm. * * T6 —URBAN CORE ZONE RESTRICTED LIMITED OPEN 150 UNITS PER 150 UNITS PER 150-1,000 UNITS PER ACRE* ACRE* ACRE* PUBLIC STORAGE FACILITY Allowed by Warrant and subject to the following additional rcquirements: Minimum distancc requirement of 2,500 feet radius between proposed facility and anothcr cxisting facility within any T5 or T6 Zone. Waiver for reduction in distance requirement is not permissible. Public Storage Facilities shall have ground floor retail along principal frontage. A minimum of 50% of the proposed ground floor retail shall be unrclatcd to the Public Storage Facility. The maximum size of any individual storagc rental spacc shall be /100 square feet. Controlled access and adcquate security City of Miami File ID: 6930 (Revision: A) Printed On: 6/2/2020 SUBSTITUTED surveillancc shall be provided throughout facility. Any boat or vchicic stored in these facilities shall not exceed an overall length of 25 feet and shall be stored within an enclosed and ventilated Structure. Hours of operation shall be limited to 5:00 am to 11:00 pm. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or realtered and that the word "Ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. Notwithstanding the passage of Ordinance No. 13888 on January 23, 2020, imposing a moratorium on new applications for zoning entitlements and building permits for Public Storage Facilities ("Moratorium"), all vested rights that accrued to an applicant for a Public Storage Facilities prior to the imposition of the Moratorium shall be recognized. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: 2 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: 6930 (Revision: A) Printed On: 6/2/2020