TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT SELF-STORAGE USE - OPTION B - COMPREHENSIVE PLAN REGULATIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING CHAPTER 1, ENTITLED "RESILIENT LAND USE AND DEVELOPMENT ELEMENT," AT POLICY RLU 1.1.31, ENTITLED "TOWN CENTER-CENTRAL CORE CATEGORY (TC-C)" BY PERMITTING "SELF-STORAGE WAREHOUSE" AS A PERMITTED USE FOR SITES WITH PREVIOUSLY EXISTING SELF-STORAGE WAREHOUSE USES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 

PLANNING ANALYSIS
Currently, the North Beach Town Center-Central Core (TC-C) district regulations do not permit self-storage and any existing self-storage uses are legally non-conforming. As a legally non-conforming use, an existing self-storage facility can remain, provided improvements are not made to the building that exceed 50% of the building’s value.

At present there is one self-storage facility within the TC-C district, Public Storage, which is located at 331 69th Street. Attached is a map showing the boundaries of the TC-C district and the location of this facility. While self-storage is useful to area residents, the building does not contribute to the neighborhood’s aesthetics or the goal of turning the Town Center into a pedestrian friendly, mixed-use urban environment. Although the owners of the property desire to maintain the self-storage use, they are open to a more expansive project, consisting of multiple, active uses, in addition to self-storage.

Planning staff believes that maintaining a self-storage facility in the TC-C area would be beneficial, provided it is part of a mixed-use development that conforms to the requirements of the TC-C district. In order to encourage the redevelopment of the self-storage site, a separate LDR Ordinance is before the City Commission that would allow for sites which had a self-storage use as of January 1, 2022 to maintain the self-storage component as part of a mixed-use redevelopment provided the following conditions are met:

• Only those properties containing an existing self-storage use as of January 1, 2022, shall be permitted to have self-storage as a use in addition to commercial, office, residential, or any combination thereof.

• New development on eligible properties described above are only eligible to have a self-storage use if the property owner elects, at the owner’s sole discretion, to voluntarily execute a restrictive covenant running with the land, in a form approved by the City Attorney, affirming that, for a term of a minimum of 30 years, none of the residential units on the property shall be leased or rented for a period of less than six months and one day.

• All self-storage uses (other than storefront office use for the self-storage facility) shall be located above the ground floor and shall be fully concealed from view at all levels along all street and sidewalk sides of the property.

In addition to the aforementioned regulations, limitations on the proportion of the building that can be dedicated to self-storage use are also included as part of the LDR Ordinance. Specifically, floor area used for self-storage (exclusive of storefront office use for the self-storage facility) shall not exceed 50% of the gross floor area of the building. These limits will ensure that the building is in-fact a mixed-use building that will improve the street life and aesthetics of the surrounding community.

The proposed LDR Amendment (LDR Ordinance Option B) requires a companion Comprehensive Plan amendment to allow for the self-storage facility as permitted use.

COMPREHENSIVE PLANNING REVIEW PROCESS
The subject Ordinance includes a text amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes, this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31-days after it is adopted if there are no appeals.

PLANNING BOARD REVIEW
The Planning Board held a public hearing on March 22, 2022 and transmitted the Comprehensive Plan Amendment Ordinance to the City Commission with a favorable recommendation (6-0).

SUMMARY
The proposed regulations would allow for an eligible site to redevelop in a way where the self-storage use would not impact the pedestrian realm, as the ground floor of the development would be required to contain active uses that are consistent with the requirements of the TC-C district. This would provide the area with wider sidewalks, improved landscaping and streetscape, increased resiliency, and new business and housing. Any new development would also be required to be approved by the Design Review Board (DRB) which would further ensure that it is compatible its surroundings.

UPDATE

The subject Ordinance was approved at First Reading on April 6, 2022, and the Comprehensive Plan Amendment was transmitted to all applicable review agencies. To satisfy the 35-day review period for all applicable regulatory agencies after First Reading, Second Reading / Adoption of the proposed Comprehensive Plan Amendment was set for June 20, 2022. To date the City has not received any concerns or objections regarding the proposed Comprehensive Plan Amendment; the Administration will update the City Commission if any comments, concerns or objections are received prior to adoption on June 22, 2022.