Loading...
13South ktiami To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Lourdes Cabrera, Acting Planning Director Date: May 3, 2011 ITEM NO. PB -11 -017 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Hospital /Clinic (Two - Story)," which could be applied to development projects and properties providing hospital /clinic facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts; providing for severability, providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The subject application is a Comprehensive Plan Future Land Use Element amendment that was initiated at a workshop held by the City Commission on April 12, 2011. At the workshop, it was decided that the new future land use map category entitled "Hospital /Clinic (Two - Story)" be created so that the building heights and intensities be compatible with similar districts. COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION 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. ANALYSIS NATURE OF THE PROPOSED USE 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; pro- vided, 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 inhere 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 of a hospital), for diagnosis and treatment of outpatients CURRENT LAND USE CATEGORY Currently noted in the Comprehensive Plan, the land use category entitled "Hospital /Office (Pour Story)" was removed in 1997. The language that was removed reads as follows: • araen� 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 entitled "Hospital /Clinic (Two- Story)." properties providing hospital /clinic facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts. Zoning regulations could permit hospital /clinic uses on sites not so designated by this plan Building heights shall in no case exceed two stories in height. Permitted heights densities and intensities shall be set forth as part of a corresponding zoning use district in the Land Development Code subject to the following maximum levels of development: maximum building height of two stories. 3 NEW FUTURE LAND USE CATEGORY In order to create an appropriate land use category and zoning district that would assist in implementing the strategy, the Planning and Zoning Department, working with the City Commission have prepared a new future land use element which could be applied to areas that need medical services. The following parameters were used to develop the category: 1. The new land use category cannot exceed the maximum of two (2) stories. 2. The maximum building height for the new land use category shall be as per the following sub- parameters a. Compatible with the surrounding and abutting properties and the immediate neighborhood; b. Consistent with the zoning district that the site is located in; e. Consistent with the Dimensional Requirements for Non - Residential Districts, Section 20- 3.5(G) of the Land Development Code; 3. The maximum density for the new land use category shall be as per the following sub- parameters: a. Compatible with the surrounding and abutting properties and immediate neighborhood; b. Consistent with the zoning district that the site is located in; c. Consistent with the Dimensional Requirements for Non - Residential Districts, Section 20- 3.5(0) of the Land Development Code; 4. Impact of the proposed use on the city's infrastructure; and 5. Is the amendment compatible with and does it advance the city's objectives and policies contained in the comprehensive plan. If the "Hospital /Clinic (Two - Story)" category 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. 4 EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20- 3.5(G) Section 20 -3.5G DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS REQUIREMENT RO LO MO NR SR GR Min. Lot Size Net Area (sq. ft.) 7,500 7,500 10,000 7,500 5,000 10,000 5,000 Frontage (ft) 75 75 1.00 75 500 100 50 Min. Setbacks (ft.) Front 25 20 1.52' 25 10s 20 20 Rear 20 15 1.0 15 10 15 " Side (Interior) 10 10 0 — — — Side (Street) 20 15 10 15 1.0[' 15 15 Adj, Res. Dist. 25 25 25 25 25 25 25 Side (w /driveway) 20 20 20 20 20 20 20 Between Buildings 20 20 20 — — — — Max. Building Height Stories 2 2 4 2 4 2 2 Feet 25 30 50 25 50 30 30 Max. Building Coverage (%) 30 — — — — — — Max. Impervious Coverage (%) 75 80 85 75 90 85 85 Max. Floor Area Ratio (FAR) 0.30 30 1.60 .25 1.60 .80 .80 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater than 24 inches in diameter; columns on the. property line shall not be closer to each other than 10 feet. The frontage requirement does not apply to uses in the SR District. LOCAL PLANNING AGENCY RECOMMENDATION The Local Planning Agency at its meeting on April 26, 2011 after public hearing, adopted a motion by a vote of 4 ayes 2 nay (Yanoshik and Dundorf) recommending denial of the proposed amendment. The Agency provided the following reasons for their denial: some clinics are not open 24 hours a day as are hospitals; and 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. RECOMMENDATION It is recommended that the amendment set forth above be approved on first reading. Attachments: Draft Ordinances Planning Dept. Staff Report, dated April 26, 2011 (Local Planning Agency) Local Planning Board Agency Meeting Minutes: April 26, 2011 (Will be provided electronically before Tuesday's City Commission meeting). Public Notices LCI L Y: \Comm I1ems \2011 \5 -3 -1 I\P13-11- 017 \PB -11 -017 - FLU Hospital - Clinic CC -doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled ",Hospital /Clinic (Two - Story)," which could be applied to development projects and properties providing hospital /clinic facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts; providing for severability, providing for ordinances in conflict; and providing an effective date. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, 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 of the South Miami Comprehensive Plan; and WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after public hearing, adopted a motion by a vote of 4 ayes 2 nay recommending denial of the proposed amendment; and WHEREAS, the City Commission desires to reject the recommendation of the Local Planning Agency and enact the aforesaid amendment. 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 hereby approves amending the Comprehensive Plan Future Land Use Element by adopting a new future land use map category entitled "Hospital /Clinic (Two - Story)," which shall be included in Chapter 1 Future Land Use Element and shall read as follows: Hospital / Clinic (Two Story) The "hospital /clinic" land use category will be applied to development projects and properties providing hospital /clinic facilities and could also permit other ancillary implemented by the category, with building heights and intensities compatible with surrounding districts Zoning regulations could permit hospital /clinic uses on sites not so designated by this plan Building heights shall,in no case exceed two stories in height I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2 Permitted heights, densities, and intensities shall be set forth as part of a corresponding zoning use district in the Land Development Code subject to the following maximum levels of development: maximum building height of two stories. Section 2: Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. The sections of this ordinance may be renumbered or re- lettered to accomplish such intention; and the word 'ordinance" may be changed to "section" or other appropriate word. Section 4: Ordinances in Conflict. All ordinances or parts of ordinances and all section and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5: Effective Date. This ordinance shall become effective at the expiration of ten days after adoption. PASSED AND ADOPTED this ATTEST: CITY CLERK day of 2011 READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: LCH \Y:AComm Items \2011 \5 -3 -11 \Ordinance - WORKHOP 3 -12 -11 - PB- 11- 017.doe CITY OF SOUTH MIAMI To: Honorable Chair & - Date: April 26, 2011 Local Planning Agency Members From: Lourdes Cabrera, Acting Director Re: New Future Land Use Planning and Zoning Department Category- Hospital/Clinic (Two- Story) PB -11 -017 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Hospital/Clinic (Two - Story)," which could be applied to development projects and properties providing hospital /clinic facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts; providing for severability, providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The subject application is a Comprehensive Plan Future Land Use Element amendment that was initiated at a workshop held by the City Commission on April 12, 2011. At the workshop, it was decided that the new future land use map category entitled "Hospital/Clinic (Two - Story)" be created so that the building heights and intensities be compatible with the surrounding districts. The Future Land Use Element outlines the type of land uses (e.g., residential, commercial, office, industrial) and amount of development that may be built in the community over the planning horizon. 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 requires the adoption of an ordinance by the City Commission after receiving a recommendation from the city's Local Planning Agency (Planning Board). Following adoption of the application by the City Commission, the application 2 package is then submitted to the Florida Department of Community Affairs (DCA) for review and approval. For additional information on the process, please refer to line item #6 of the attached Comprehensive Plan 2010 Cycle 2 Chart. ANALYSIS NATURE OF THE PROPOSED USE 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; pro- vided, 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 of a hospital) for diagnosis and treatment of outpatients CURRENT LAND USE CATEGORY Currently noted in the Comprehensive Plan, the land use category entitled "Hospital /Office (Four Story)" has been removed. The language that was removed reads as follows: .. i ON _ 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 entitled "Hospital /Clinic (Two - Story)." properties providing hospital/clirric facilities and could also permit other ancillary uses implemented by the category, with building heiaghts and intensities compatible with LCH /NI W L Y: \PB \PB Agendas Staff Reports \2011 Agendas Staff ReportsW -26 -1 I\PB - t 1 -017 - FLU - Hospital- Clinic \PB - I I -017 - FLU Hospital- Clinic.doc surrounding districts. Zoning regulations could permit hospital/clinic uses on sites not so designated by this plan Building heights shall in no case exceed two stories in height. NEW FUTURE LAND USE CATEGORY In order to create an appropriate land use category and zoning district that would assist in implementing the strategy, the Planning and Zoning Department, working with the City Commission have prepared a new future land use element which could be applied to areas that specifically require medical services. The following parameters were used to develop the category: 1. The new land use category cannot exceed the maximum of two (2) stories. 2. The maximum building height for the new land use category shall be as per the following sub - parameters: a. Compatible with the surrounding and abutting properties and the immediate neighborhood; b. Consistent with the zoning district that the site is located in; c. Consistent with the Dimensional Requirements for Non - Residential Districts, Section 20- 3.5(G) of the Land Development Code; 3. The maximum density for the new land use category shall be as per the following sub - parameters: a. Compatible with the surrounding and abutting properties and immediate neighborhood; b. Consistent with the zoning district that the site is located in; c. Consistent with the Dimensional Requirements for Non- Residential Districts, Section 20- 3.5(G) of the Land Development Code; 4. Impact of the proposed use on the city's infrastructure; and Is the amendment compatible with and does it advance the city's objectives and policies contained in the comprehensive plan. The attached " Hospital /Clinic (Two - Story)" (Exhibit A) category is the proposed future land use map amendment. If the attached land use category 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. LCH/M V4L Y: \PB \PB Agendas StaffReports\2011 Agendas Staff Reports \4 -26 -1 t\PB- 11.017 - FLU - Hospital- ChnicTB -11 -017 - FLU Hospital- Clinic.doe 4 EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20- 3.5(G) Section 20 -3.5G DINIENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS REQUIREMENT RO LO NIO NR SR GR I Min. Lot Size Net Area (sq. ft.) 7,500 7,500 10,000 7,500 5,000 10,000 5,000 Frontage (ft) 75 75 100 75 500 100 50 Min. Setbacks (ft.) Front 25 20 15" 25 106 20 20 Rear 20 15 10 15 10 15 " Side (Interior) 10 10 0 — — — Side(Street) 20 15 10 15 too 15 15 Adj. Rea. Dist. 25 25 25 25 25 25 25 Side(w /driveway) 20 20 20 20 20 20 20 Between Buildings 20 20 20 — — — — Max. Building Height Stories 2 2 4 2 4 2 2 Feet 25 30 50 25 50 30 30 Max, Building Coverage (010 30 — — — — — — Max. Impervious Coverage (%) 75 80 85 75 90 85 85 Max. Floor Area Ratio (FAR) 0.30 .70 1.60 .25 1.60 .80 .80 " 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater than 24 inches in diameter; columns on the property line shall not be closer to each other than 10 feet. The frontage requirement does not apply to uses in the SR District. RECOMMENDATION It is recommended that the text of the Comprehensive Plan Future Land Use Element be amended by approving the new Future Land Use Map Category entitled "Hospital/Clinic (Two- Story)." Attachments: Erhibil ',I" Comprehensive Plan 2010 Cycle 2 Chart Public Notices LCH /M W I. Y: \PB\PB Agendas Staff Reports\201 I Agendas Staff Reports \4 -26.1 I \PB -I1 -017 - FLU - Hospital- C1inicTB -11 -017 - FLU Hospital- Clinic.doc EXHIBIT "A" Proposed Amendment South Miami Comprehensive Plan Chapter 1 Future Land Use Element FUTURE LAND USE MAP CATEGORi Hospital l Clinic (Two Story) surrounding districts Zoning regulations could permit hospital /clinic uses on sites not so designated by this plan Building heights shall in no case exceed two stories in height. Permitted heights, densities, and intensities shall be set forth as pail: of a corresponding zoning use district in the Land Development Code subject to the following maximum levels of development: maximum building height of two stories. Y:\PBTB Agendas Stiff Reports\2011 Agendas Staff ReportsW -26 -1 1\1`13- 11-013 FLU -Loan Density Multiple Family Residemtinl (two- stonRB.11 -013 Exhibit A FLUM Low Den MF (2010).doc k�l tII U N V U O d N C co U) C 0 s L Q E /O V rN Md' 00 th w 0 10 0 v E E O U C 7C@ G O C C E E 0 m E Q U N G C tp C EBEoo @ @ �cU9 z .:HIV -j 0Oz NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI x PLANNING AND ZONING DEPARTMENT 6130 SUNSET DRIVE! SOUTH MIAMI, FLORIDA 33143 PHONE: (306) 663.63261 FAX #- (306) 666.7366 On Tuesday, April 26, 2011 at7:30 P.M., the City of South Miami s Lacal Planning Agency (Planning Board) will conduct public hearings In the City Commission Chambers at the above address on the following items: PR -11 -013 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category shifted 'Low Density Muftipte- Famliy Residential (WO- Story),' which in the future could be applied to development projects and propertlea providing muitipie- family units or town- house units In lranshtonat residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. PS-11,014 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the tent of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element In order to amend the future land use map category entitled `PublicAnstitutional (Two-Story)," removing schools (educational) and churches from the category; which could be applied to development projects and properties providing governmental facilities, utilities and could also permit other ancil- lary uses implemented by the category, with building heights and In- tenelties compatible with surrounding districts; providing for sevembliity, providing for ordinances in conflict; and providing an effective date. B -1 -09 Applicant; City of South Miami An Ordinance of the Mayor and Cl ly Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element In order to adopt a new future land use map category entitled "Reilgloua( Two - Story);' which could be applied to development projects and properties providing religious facilities and Could also permit other ancillary uses Implemented by the category, with building heights and Intensities compatible with surrounding districts; providing for severablifty, providing for ordinances In conflict; and providing an effective date. P &11 -016 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element In order to adopt a new future land use map category entitled "Educational (Two-Story)," which couid be applied to development projects and properties providing educational facilities and could also permit other ancillary uses imptemented by the Category, with building helghla and Intensities compatible with surrounding districts; providing for severablilty, providing for ordinances In conflict; and providing an effective date. PO-1"17 Applicant; Cityof South Miami An Ordinance of the Mayor and City Commission of tha City of SOulb Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element In order to adopt a now future land use map category antiged "HospitaUCllnic (I'wo-Story),. which Could be applied to development projects and properties providing hospital/ Clinic facilities and could also permit other ancillary uses Implemented by the category, with building heights and Intensities Compatible with surrounding districts; providing for soverablllty, providing for ordinances in conflict; and providing an effective date. All Interested parries are urged to attend. Objections or expressions of aMoval maybe made in personal the hewing or Hied in writing prior toor at the hearing. The Planning Board reserves the dgtd to recommend to the City Commission whatever the board considers in the best interest for the area Involved. interested parties requesting information are asked to contact me Planning and Zoning Department by calling 305063^ 6326 or writing to the address Indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing. such person win need a record of the precowings, and for such purpose may need to ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 266.0105). Refer to hearing number when mating any Inquiry. 4/15 11.3.159/1664129M h • , t Customer: CITY OF SOUTH NIL4MII Ad Number: 1684129 Insert Dates: 0411512011 Price: 202.10 Section: PUB Class: 70L HEARINGS Printed By: DBRMML Date: 04 /2 1/20 1 1 Signature of Approval: Contact: MARCUS W. LIGHTFOOT Phone: 3056636327 Size: 2 x 12.35 I It gaff saw s mod 8� SM5 :-*�§ -S m �. 2 - ° 46 ? -� § 9. �,l g �- A -g m ig,�. g Paz 5 Z, � � a t 2 e 4i a I I NA Z.a p I 43 z e -a 2 eq-z ts H ev m . jgj a 7g=� ;j A T E. a ra 9,2 a -Ag H w J-1 8 ee Q gm t a It t 4 X t E Is E 9 . g - a' H ;a 0 a . M - �- ``3'- 5 E4 2 a AN $9 g 23 53 e e a - t 2 -49.alg�� 02 8 6 a a ,.e n8!� M. at a ew�ea gEss Ac 22—zt gee -R�g if! ma Ya= og . 9- 5 1.0 Y ta B ZAD Ha a MU a a a Ou V -a 59 e Q .�3�