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HomeMy WebLinkAboutO-13931City of Miami Ordinance 13931 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6796 Final Action Date: 10/8/2020 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 ADD A SUPPLEMENTAL REGULATION FOR PUBLIC STORAGE FACILITIES BY REQUIRING ON -SITE BULK WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT, DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND REGULATIONS WITHIN CERTAIN TRANSECT ZONES AND PROVIDING AN EXCEPTION IN LIMITED INSTANCES; DIRECTING THE CITY MANAGER TO PROVIDE THE CITY COMMISSION A REPORT ON THE STATUS OF THIS SUPPLEMENTAL REGULATION SIX (6) MONTHS FROM THE ADOPTION OF THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes 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, on January 26, 2012, the City adopted Ordinance No. 13307, which modified regulations for Public Storage Facilities ("Facilities") providing additional flexibility to such uses and removing the 2,500 feet distance separation requirements in T5, "Urban Center Zones," and T6, "Urban Core Zones;" and WHEREAS, on March 23, 2017, the City adopted Ordinance No. 13674 modifying regulations for Facilities to require a distance separation requirement of a 2,500 feet radius from another existing facility in T5, "Urban Center Zones," and T6, "Urban Core Zones;" and WHEREAS, on June 11, 2020, the City adopted Ordinance No. 13906, which disallowed Facilities in T5, "Urban Center Zones," and T6, "Urban Core Center Zones;" and WHEREAS, Facilities are generally designed with a lack of architectural diversity and inactive ground floors; and WHEREAS, the lack of distancing requirements in the remaining Transect Zones allows for the close proximity of Facilities which creates an adverse impact on the surrounding community; and WHEREAS, the design of Facilities should be in a manner that is in keeping with the character and scale of the surrounding area; and WHEREAS, the Miami 21 Code does not require bulk waste storage or compactors at Facilities; and City of Miami Page 1 of 4 File ID: 6796 (Revision: D) Printed On: 5/9/2025 File ID: 6796 Enactment Number: 13931 WHEREAS, there has been an increase of illegal dumping within the immediate areas of Facilities within the City; and WHEREAS, it has been determined that the increase in illegal dumping is due to the lack of on -site bulk waste disposal available at Facilities; and WHEREAS, requiring on -site bulk waste disposal at all Facilities will help decrease illegal dumping of trash and bulky waste, which will benefit the overall health, safety, and welfare of residents within the City; and WHEREAS, the Planning, Zoning and Appeals Board at its meeting on November 20, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-049 by a vote of eight to zero (8 - 0), Item No.2, recommending approval of this proposed Ordinance; and WHEREAS, the City Commission has considered whether the proposed Ordinance 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 Ordinance, including changed conditions that make the passage of the proposed Ordinance necessary; and WHEREAS, the City Manager is directed to provide a report on the status of this supplemental regulation six (6) months from the adoption of this Ordinance; 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 by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby amended by making modifications to Article 6, Table 13 in the following particulars:1 TABLE 13. PUBLIC "ARTICLE 6. SUPPLEMENTAL REGULATIONS D3- D1 — WORK PLACE D2- INDUSTRIAL WATERFRONT INDUSTRIAL Allowed by Warrant Allowed by Warrant 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 2 of 4 File ID: 6796 (Revision: D) Printed on: 5/9/2025 File ID: 6796 Enactment Number: 13931 STORAGE FACILITY and subject to the following additional requirements: Minimum distance requirement of 2,500 feet radius between proposed facility and another existing facility. Waiver for reduction in distance requirement is not permissible. Shall have ground floor retail, manufacturer -enabled retail, or industrial uses along principal frontage. A minimum of 50% of the proposed ground floor uses shall be unrelated to the Public Storage Facility. Shall be referred to the Urban Development Review Board (UDRB). Provide bulk waste disposal on -site available to clients, subject to review by the Solid Waste Director or designee. Facility may be liable for illegal dumping if proven that illegal dumping originated from the specified Public Storage Facility within a one (1) mile radius of the facility. and subject to the following additional requirements: Minimum distance requirement of 2,500 feet radius between proposed facility and another existing facility. Waiver for reduction in distance requirement is not permissible. Shall have ground floor retail, manufacturer -enabled retail, or industrial uses along principal frontage. A minimum of 50% of the proposed ground floor uses shall be unrelated to the Public Storage Facility. Shall be referred to the Urban Development Review Board (UDRB). Provide bulk waste disposal on -site available to clients, subject to review by the Solid Waste Director or designee. Facility may be liable for illegal dumping if proven that illegal dumping originated from the specified Public Storage Facility within a one (1) mile radius of the facility. City of Miami Page 3 of 4 File ID: 6796 (Revision: D) Printed on: 5/9/2025 File ID: 6796 Enactment Number: 13931 *,, 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 relettered and that the word "Ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. The City Manager is directed to provide the City Commission a report on the status of this supplemental regulation six (6) months from the adoption of this Ordinance. 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: ndez, City ttor ey 10/23/2020 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 4 File ID: 6796 (Revision: D) Printed on: 5/9/2025