HomeMy WebLinkAboutSubstitution Memo From City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROlVi:'� Vick'otia Mendez, City Attorney
DATE: June 9, 2020
RE: June 11, 2020, Virtual Commission Meeting Agenda — Substitution of PZ.2-
Zoning Text - Public Storage Facilities, District Zones Only.
File No. 6930
Item PZ.2 on the June 11, 2020 City Commission Agenda is being substituted to
clarify that 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.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/ALK
6930 Substitution Memo from City Attorney
City of Miami
Legislation
Ordinance:
City Hall
3500 Pan American 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
unchanged material.
City of Miami Page 1 of 5 File ID: 6930 (Revision: A) Printed On: 6/9/2020
File ID: 6930
Enactment Number:
"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
cubjcct 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 permis€ible.
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 bc
/100 square feet.
Controlled access and
adcquate security
surveillancc shall bc
provided throughout
facility.
Any boat or vehicic
City of Miami Page 2 of 5 File ID: 6930 (Revision: A) Printed on: 6/9/2020
File ID: 6930
Enactment Number:
DENSITY
(UPA)
PUBLIC
STORAGE
FACILITY
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 requirements:
Minimum distance
requirement of 2,500
feet radius between
proposed facility and
another existing 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 unrelated to the
Public Storage Facility.
The maximum size of
any individual storage
rental space shall be
/100 square feet.
City of Miami
Page 3 of 5 File ID: 6930 (Revision: A) Printed on: 6/9/2020
File ID: 6930
Enactment Number:
Controlled access and
adcquate security
surveillancc shall be
provided throughout
facility.
Any boat or vehicic
stored in these facilitict)
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. 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: A) Printed on: 6/9/2020
File ID: 6930
Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attar ey 1/1312020
ndez, City Attor
2/27/2020
City of Miami Page 5 of 5 File ID: 6930 (Revision: A) Printed on: 6/9/2020