TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT SELF-STORAGE USE - LDR - OPTION B

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," CHAPTER 142, ENTITLED, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED, "DISTRICT REGULATIONS," DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT," AT SECTION 142-741, ENTITLED "MAIN PERMITTED USES, ACCESSORY USES, CONDITIONAL USES, PROHIBITED USES, AND SUPPLEMENTAL USE REGULATIONS," BY PERMITTING "SELF- STORAGE WAREHOUSE" AS A PERMITTED USE FOR SITES WITH PREVIOUSLY EXISTING SELF STORAGE WAREHOUSE USES IN THIS ZONING DISTRICT; 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, the proposed Ordinance would allow for sites which had a self-storage use as of January 1, 2022 to maintain the self-storage use 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, the proposed Ordinance contains limitations on the proportion of the building that can be dedicated to self-storage use. 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 a mixed-use building that will improve the street life and aesthetics of the surrounding community.

The subject Ordinance does allow for a slightly larger proportion of the building to be dedicated to self-storage, since it utilizes a proportion of the gross floor area, which includes required parking and other portions of the building that do not count in the calculation of floor area. According to the owner of the existing self-storage facility, the slightly larger proportion makes the project more financially feasible. The owner has also indicated that there is high demand for self-storage use in the vicinity.

PLANNING BOARD REVIEW
The Planning Board held a public hearing on March 22, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation (6-0). The Planning Board also recommended that the prohibition for the short term rental of apartment units be in perpetuity, as opposed to 30 years.

SUMMARY
The proposed regulations would allow the 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. The corresponding Comprehensive Plan Amendment was also approved and transmitted to all applicable review agencies. To satisfy the 35-day review period for all applicable regulatory agencies after First Reading of the Comprehensive Plan Amendment, Second Reading / Adoption of the proposed Ordinance and the Comprehensive Plan Amendment was set for June 22, 2022.