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Ord No 37-11-2110ORDINANCE NO. 37-11-2110 An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled "Hospital." WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 1633191, Florida Statues, directs local governments to adopt needed amendments to ensure that the Comprehensive Plan provides appropriate policy guidance for growth and development; and WHEREAS, On April 12, 2011, the City Commission held an advertised workshop that initiated various text amendments to the South Miami Comprehensive Plan; and WHEREAS, On April 26, 2011 the Local Planning Agency (LPA) after public hearing, adopted a motion recommending denial of the category titled "Hospital / Clinic (Two - Story)." The LPA provided the following reasons for their denial: some clinics are not open 24 hours a day as are hospitals; and that there is no category to take into consideration the existing two hospitals in the City of South Miami that have in excess of four stories. WHEREAS, On May 3, 2011 the City Commission after public hearing, adopted a motion to withdraw the new fixture land use map category titled "Hospital / Clinic (Two- Story)." One of the problems is having hospitals and clinics within the same category. WHEREAS, the Local Planning Agency at its meeting on June 21, 2011 after public hearing, adopted a motion by a vote of 5 yeas, 1 nay (Dundorf) recommending approval of the proposed "Hospital" amendment; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission accepts the aforementioned recommendation of the Local Planning Agency and hereby adopts the following amendment to the Comprehensive Plan Future Land Use Element, new land use map category titled "Hospital." Ord. No. 37 -11 -2110 Hospital adjacent uses, and special uses. Permitted heights densities and intensities shall be set forth as part of a corresponding zoning use district in the Land Development Code. Section 2• Effective Date. This expirafioa of ten a ^ °^ ^`}° ^dopt The amendment is not timely challenged, shah be 31 ordinance shall beee effective date of this days after the state land e ^rr,, ^she plan amendment, if the planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning- any, PASSED AND ADOPTED this 1 stday of November 2011 ATTEST: APPROVED: cd?), ., e ✓'P CLEI 1st Reading: 7/19/11 2nd Reading: 11/1/11 Commission Vote: READ AND APP r ED AS TOP it7V1 Mayor Stoddard: LANG "GALITY Vice Mayor Newman: Ck7 I I TI?EREOP: Commissioner Palmer: Commissioner BeasleW Commissioner Harris: Yea Yea Yea Yea Yea South Miami CITY Or: SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 00 'i o: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Christopher ctor , AICP; Planning Director Bate: November 1, 2011 ITEM NO.. /7 Applicant: City of South Miami An Ordinance of the City of South Miami, Florida, amending the City of South Miami Comprehensive flan to adopt a new future land use map category titled "Hospital" SUMMARY OF REQUEST A Comprehensive Plan Future Land Use text amendment was initiated at a workshop held by the City Commission on April 12, 2011. At the workshop, it was decided to adopt a new future land use map category titled "Hospital / Clinic (Two- Story)." On April 26, 2011 the Local Planning. Agency (LPA) after public hearing, adopted a motion by a vote of 4 ayes and 2 nays (Yanoshik and Dundorf) recommending denial of the category titled "Hospital / Clinic (Two - Story)." The LPA provided the following reasons for their denial: some clinics are not open 24 hours a day as are.hospitals; and that there is no category to take into consideration the existing two hospitals in the City of South Miami that have in excess of four stories. On May 3, 20:11 the City Commission after public hearing, adopted a motion to withdraw the new future land use map category titled "Hospital / Clinic (Two - Story)," One of the problems is having hospitals and clinics within the same category. The discussion evolved on the subject pertaining to the number of stories that would be allowed and are suitable for this category, four stories or higher. Also, a land use category titled "Hospital / Office" was in the Comprehensive Plan language until 1997. After discussion from the Commission, the Planning and Zoning Department was instructed to draft a new future land use map category for hospital that would satisfy the City's zoning. guidelines and the item was sent back to the drawing board. On June 21, 2011 the Local Planning Agency (LPA) after a public hearing, adopted a motion by a vote of 5 ayes and I nay (Dundord) recommending approval of -die category titled "Hospital" without a "story" designation. After a brief presentation by a member of the public and considerable discussion between staff and the Board, it was felt that by creating a Two or Four Story limitation on the category where there already exists two facilities in excess of four stories, would unnecessarily create a non- conforming situation. The Board felt that the category would be better ,defined as being consistent with heights and intensities of the surrounding uses and with the underlying zoning dimensional requirements. The City Commission at its duly 19, 2013 meeting passed on first reading, a new future land use map category for "Hospital"; the proposal passed by a vote of4 -0. This proposed amendment was transmitted to the Florida Department of Community Affairs (DCA) and respective agencies pursuant to Section 163.3184 (2) and (3), Florida Statutes, as part of an amendment package designated 11 -IESR. The DCA and respective agencies found that the proposed amendment has no adverse impact. The City may now adopt this proposed plan amendment. Upon final adoption, the item will be transmitted to the State pursuant to the requirements of Chapter 163, Florida Statutes. It is importani to dote that the effective date of the ordinance has been amended with language received from the State, to reflect statutory requirements for expedited reviews. As previously noted, the backup comments from the DCA and respective agencies for the amendment package 11- lESR are attached to the first ordinance. COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION (FROM MAY 3 & JULY 19.2011) A change in the Comprehensive Plan Future Land Use Element can be initiated by a property owner, the Local Planning Agency and the City Commission. An amendment to the City's Comprehensive Plan document or the future land use map category requires the adoption of an ordinance by the city commission after receiving advise from the City's Local Planning Agency Following adoption of the application by the City Commission, the application package is then submitted to other agencies and the Florida Department of Community Affairs (DCA) for review and approval. For additional information on the process, please refer to line item #12 of the attached Comprehensive Plan 2010 Cycle 2 Chart. "Hospital Expansion: South Miami is home to South Miami Hospital and Larkin Hospital. These facilities should be able to function and develop. However, new development should not encroach upon or choke the city's small town character or overall business environment. Tl,.r �pY ,;, ww r h e . rr Office intensities should be appropriate to surrounding uses. Modification of development plans within the limit of the current planned unit .development area and adjacent mixed -use areas is consistent with this comprehensive plan provided that intensity of use is not increased and provided that negative impacts on the surrounding adjacent neighborhoods are not increased. Editor's Modification pursuant to Amendment Package DCA No.97 -1 gR, adopted on August 19, 1997. "[Element 1, page '6] The Comprehensive Plan, the land use category titled "hospital /Office (Four Story)" was removed in 1997. The language that was removed reads as follows: 3 Mtn P 111011.1019 Significant Parkin« Facilities "Figure. 1 located in Appendix l -A of DCA Amendment No. 97 -IER shows the significant public parking facilities located. throughout the City of South Miami- These facilities include the public park -and -ride garage located at the South Miami Metrorail transit station, South Miami Hospital, City Hall, Shops at Sunset Place, schools, parks and recreational areas. There are also two areas in downtown South Miami located between SW 59th Avenue and SW 57th- Court along SW 73th street and SW 74th.street which has long term meter, 5 hour, street parking. Map Series in 97 -1 ER Appendix I -A. " [Element 2, page 40] Maior Public Transit Trip Generators and Attractors Based Upon the Existing Land Use Map "As shown in Figure 3 located in Appendix I -A of DCA Amendment No. 97 -IER, existing major traffic /trip generators and attractors are located throughout the City of South Miami. Eut for the most part, the, majority of them are concentrated in the downtown area. For presentation purposes, these major generators and attractors have been categorized as: government centers, hospitals /medical complexes shopping centers /major retail areas, attractions /cultural facilities, parks /recreational areas, and employment centers. Within the City of South Miami they are: South Miami Hospital,. Shops at Sunset Place, Ludlam Elementary School, South Miami Elementary, Fairchild Elementary, City Hall, Dante. Fascell Park, Fuch's Park, Marshall Williamson Park, Murray Park, the Y.M.C.A., the Metrorail transit station, and the downtown area's retail shops. See Map Series in 974ER Appendix I -A. " [Element 2, page 401 Neighborhood Traffic Management "A local area traffic management program will be implemented. The intent of the program will be to minimize non -local traffic on local streets. The program will include traffic volume counts on selected local streets. Origin- destination surveys may be initiated depending on the traffic count results. LocAl streets will be prioritized for local area traffic management implementation techniques_ Implementation techniques will include passive (non - physical) techniques and physical controls. Passive techniques -will im- lude. stop signs,, speed limits, turn prohibitions, one- way streets, no entry signs, neighborhood signs and aggressive enforcement. Physical; controls could include: street bumps, rumble strips, chokers, entrance gates, narrowing streets and cul-de-sacs. Cul -de -sacs, street dverters. and other physical controls will be used in a very sparing way, if at all. They will not be used in a way which isolates 4 significant residential areas from important destinations such as the South Miami Hospital and the Sunset commercial area." [Element 2, page 561 "There are no industrial uses in South Miami. Of the 2,000,000 gallons per day of consumption, less than one third is generated by other non - residential uses such as commercial and hospitals." [Element 5, page 118] As per the Defmitions, Section 20 -2.3 of the Land Development Code, a Accessory building, Accesso. y medical services, and Nonresidential district are defined as follows: Accessory building. Shall mean a detached subordinate building or portion thereof, the use of which is incidental to and in connection with a principal or main building which is located on the same lot. No accessory building shall be permitted which is not located in conjunction with a principal or main building. Accessory medical services. Shall mean only those services that are not already provided by the hospital facility which is for the sole use of the hospital staff and patients. Such uses may be housed in a trailer unit where ,parking is provided in excess of that required for the specially permitted hospital use and where additional parking is also provided for the trailer unit. (Ord. No. 2 -91 -1467, 1- 15 -91) Distr&4 nonresidendaL Shall mean any district designated for office, business, intensive, hospital or public purposes pursuant to this Code. As per the Definitions, Section 20 -2.3 of the Land Development Code, a hospital is defined as follows: "Hospital. Shall mean a building, or group of buildings, having room facilities for one (1) or more overnight patients, used for providing services for the in- patient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, out - patient departments, training facilities, central service facilities; and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations." Also, both the Webster's Seventh New Collegiate Dictionary as well as the website for Merriam- Webster Dictionary defines hospital as follows: "Hospital. An institution where the sick or injured are given medical or surgical care. " The Webster's Seventh New Collegiate Dictionary as well as the website for Merriam - Webster Dictionary define clinic as follows: "Clinic. A facility (as ofa hospital) for diagnosis and treatment of outpatients. " S 20 -3.I ZONING USE DISTRICTS AND PURPOSES. (A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted. Comprehensive Plaza, the City is hereby divided into twenty -ni xe (29) zoning use districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20- 3.3(D) Standards shall be uniform throughout each zoning use district. District symbols and names shalt be known as: Symbol Name RS-1 Estate Residential RS -2 " Semi - Estate Residential RS -3 Low Density Single- Family RS-4 Single - Family RS -5 Single - Family (50' lots) RT-6 Townhouse Residential RT -9 Two- Family /Townhouse Residential RM -18 Low Density Multi- Family Residential RM -24 Medium Density Multi - Family Residential RO Residential Office LO Low- Intensity Office MO Medium - Intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail TODD (MU -4) Transit - Oriented Development District (Mixed Use -4) TODD (MU -5) Transit - Oriented Development District (Mixed Use -51 TODD (LI -4) Transit- Oriented Development District (Light Industrial -4) TODD (PI) Transit- Oriented Development District (Pub- lic /Institutional) TODD (PR) Transit - Oriented Development District (Parks & Recreation) PUD -R Planned Unit Development - Residential PUD -M Planned Unit Development -Mixed Use PUD -H Planned Unit Development- Hospital HP -OV Historic Preservation Overlay HD -OV Hometown District Overlay CS -OV Community Service Overlay H Hospital Symbol Name PI Public /Institutional PR Parks and Recreation G (27) 'i3" _rfospita l District., The purpose of this district is to permit, as a special use, areas that will accommodate various hospital needs in a .manner compatible with nearby residential areas. The district also permits office uses at appropriate intensities in the event that hospital uses are terminated and is appropriate in areas designated "Hospital/ Office" on the city's adopted Comprehensive Plan. The unique nature of hospital usage and its quickly changing needs and characteristics makes their proper regulation under ordinary zoning regulations difficult. Hospitals located near residential areas are both an asset in terms of jobs and services provided and a liability in terms of traffic generated and their propensity to expand. It is the intent of this district to establish stable land use patterns in hospital areas upon which local residents and hospitals can both rely. 20 -3A SPECIAL USE CONDITIONS. "(14) HOSPITAL. The construction of new or the expansion or conversion of existing hospital facilities and accessory uses shall be subject to the following: (a) Such construction, expansion, conversion shall: i. Not create additional traffic on adjacent residential streets; ii. Not overburden any other public facility, except that the hospital may agree to provide or expand need facilities at no added public cost; iii. Be compatible with the surrounding area and conform to the city's adopted Comprehensive Plan. {b) The city commission may attach such conditions and safeguards to an approval of a special use as are reasonably necessary and required to protect public interest in: L Completion of the development according to approved plans; ii. Provision for continuing operation and maintenance of such areas, facilities and functions as are not to be provided, operated or maintained at public expense; and iii Provision for such dedications, contributions or guarantees are required for provision of needed public facilities and services. (c) The preceding paragraph shall not deny the city col"ormssion the authority to set other conditions and safeguards at the time of special use approval, but where such conditions and safeguards are attached the city commission shall determine that they are reasonably necessary and required to protect the public interest and to carry out the intent and purposes. of the `H' District and the city's adopted Comprehensive Plan. (d) The provisions of this section shall not apply in the event that a "Planned Unit Developxrient- Hospital' (PUD -H) District has been enacted by the city commission for a subject property. In such event, the provisions of the PUD -H District, as approved by the city commission, shall apply. In the event that a PUD -H District is applied to .a property subsequent to the adoption of this Code, then the provisions of said PUD -H -District shall supersede the provisions of this section. 7 (18) ACCESSORY MEDICAL SERVICES (a) Facilities maybe permitted only in conjunction with an approved hospital use and located on hospital premises. (b) Facilities may be provided in the form of a trailer unit which is periodically located for a specified length of time as determined by the city commission on an approved site and conforms to all applicable codes. (c) Only one trailer unit may be permitted per each approved, specially permitted hospital use. (d) Only those services that are not already provided by the hospital facility and which is for the sole use of the hospital staff and patients may be permitted. (e) No vehicular ingress nor egress shall be permitted along streets or rights -of -way bordering residential zoning districts in the City of South Miami. (i) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including but not limited to, traffic circulation, landscaping, facility placement, access and facility arrangement for this special use permit. (2 1) ANIMAL HOSPITAL /VETERINARIAN (a) All such uses shall be located within a fully enclosed, air- conditioned, soundproof structure. (b) There shall be no overnight boarding of animals except for medical purposes. (c) The hours of operation for visits and treatment will be 7:00 am. to 9:00 p.m. Monday through Saturday; hours of operation shall not prevent emergency medical treatment. 20 -3.7 Planned unit development (C) Types of Planned Unit Developments. (1) Planned Unit Development — Residential (PUD -R) (2) Planned Unit Development — Mixed Use (PUD -M) (3) Planned Unit Development — Hospital (PUD -H) evvvavrs ssnevcvevvaaaamvremmvava rvaevsvv.s rase ai vp•rarsasee srevnamve eeve, (F) Hospital District (PUD -H). (1) General Requirements. A PUD -H district may be established for complementary and compatible combinations of hospitals, medical offices, laboratories and related educa- tional facilities and other support services. Such development shall be subject to the general procedures and requirements of this Code applicable to all ptarmed unit developments, as well as the requirements of this Section. (2) Uses and Structures. (a) Principal and accessory uses and structures may be permitted in PUD -H developments, subject to the limitations and requirements herein. (b) Speck uses and structures in a PUD -H shall be the following hospital and accessory uses: L Intermediate care facility; ii. Extend -ed care facility; 101 iii. Medical clinic; iv. Medical offices; V. Laboratory and research facility; vi. Medical educational facilities; vii. Hospital support facilities includ=ing a laundry, cafeteria, dietary services, child care, staff and offices and data processing; viii. Convenience facilities for hospital staff, patients and visitors, including chapels, snack bars, gift shops.and florists; and ix. Any other uses determined as part of the PUD -H application, to be compatible with the existing and /or prospective character of the proposed development and surrounding area. (c) Accessory uses, such as convenience facilities, which may provide services to members of the public not associated with the hospital and /or to members of the public not having any business at the hospital shall be so located and designed that there shall be no external features which shall indicate or otherwise draw attention to the existence of said uses. (3) Minimum land area for PUD -H development shall be three (3) net acres. (4) Approval of a PUD -H district shall not be given until arrangement for providing off-street parking and loading in specific amounts and locations are agreed upon by the city and applicant. (5) Waste Handling Facilities. (a) Storage and disposal of hazardous and non hazardous waste shall be specifically addressed in the preliminary development concept plan. (b) Provision shall be made and sufficient area must be provided to ensure that all waste material will be stored and disposed of safely and m a manner that will not detrimentally impact surrounding areas. (6) The location and design of liquid oxygen and other chemical handling equipment shall be addressed in the preliminary development concept plan such that they will be compatible with the surrounding areas and shall present no hazard to adjacent properties. (7) Uses in PUD -H developments shall be so arranged horizontally and vertically that: (a) The location of specific hospital services are easily identifiable for the conve- nience and /or emergency needs of the hospital user; (b) The amount of parking determined to be necessary to service a particular hospital function is. located within a reasonable distance of said function and appropriate pedestrian linkages are provided; (c) The arrangement of uses does not additionally complicate access and circulation routes for both vehicular and pedestrians traffic; and (d) Service areas shall be located and arranged so as to avoid sign ficant interference between pedestrian, vehicular and emergency vehicle movements. !V,!" !!!!4V N V iCY l:!!!!!i!!V!- !!V2M!!!!!WWIJXlmW V l! V la WN 0 VY! 0 Y V! Y!!.[ O 0 l 0 I 9 20 -10.6 Uses requiring species` use approval. (A) The following uses may be approved Pursuant to the special use process, as regulated by the Land Developsnent'Code: L 'Stealth Facilities. a. Stealth rooftop or building mounted antennas, not exceeding 2S feet above the roofline and I0 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: PM -24 Medium Density Multi- Family PI Public /Institutional LO Low Intensity Office GR General Retail H Hospital PUD Planned Unit Development b. Stealth towers not exceeding 125 feet in height shall be permitted as a principal or accessory use pursuant to special use approval in the following zoning district 12 Public /Institutional C. Stealth towers not exceeding 125 feet in height shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: H Hospital PUD Planned Unit Development d. Upon receipt of the appropriate application, the City Manager, at his or her sole discretion, will determine the application's consistency with the definition of a stealth facility. e. Residential Planned Unit Developments shall not be a permitted location for telecommunication facilities. PROPOSED FUTURE LAND USE CATEGORY Due to the fact that the language was removed from the Comprehensive Plan, new language will be added to define the new future land use map category titled "Hospital" with a height to be recommended by the Local Planning Agency. Also, the attached " HospitaT" category is the proposed future land use map category amendment. If the attached is approved and adopted. by the City Commission, the City can then proceed to change the Future Land Use Map by applying. this category over designated properties. 10 Hosuital The "Hospital { —U erg" land use category shall be applied to development protects Permitted heights, densities. and intensities shall be set forth as hart of a .corres-oondin RECOMMENDATION It is recommended that the amendment set forth above be adopted on final reading and transmitted to the State. 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