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15South Miami All- AmericaNy CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Christopher Brimo, AICP, Planning Director /// Date: June 14, 2011 ITEM NO. LPA -11 -021 Applicant: City of South Miami An Ordinance of the City of South Miami, Florida, amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled "Clinic (Two - Story)." 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 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, 2011 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 Planning and Zoning Department was instructed to draft a new future land use map category entitled "Clinic (Two - Story)." The subject application, LPA -11 -021, is a Comprehensive Plan Future Land Use text amendment to adopt a new future land use map category titled "Clinic (Two - Story)," be created so that the building heights and intensities be compatible with similar uses. On May 24, 2011 the Local Planning Agency (LPA) after public hearing, adopted a motion recommending approval of the new future land use map category titled "Clinic (Two- Story)." 2 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 requires the adoption of an ordinance by the city commission after receiving a recommendation from the City's Local Planning Agency. Following adoption of the application by the City Commission, the application package is then submitted to the Florida Department of Community Affairs (DCA) for review and approval. For additional information on Phe process, please refer to line item 413 of the attached Comprehensive Plan 2010 Cycle 2 Chart. ANALYSIS As per the Section 20 -3.3 (D), Permitted Use Schedule, of the Land Development Code, a Chiropractic Office or Clinic is permitted as a special use within the "Hospital" zoning district as follows: (27) -T' Hospital 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 -3.4 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: i. 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 3 for provision of needed public facilities and services. (c) The preceding paragraph shall not deny the city commission 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 `Fi' District and the city's adopted Comprehensive Plan. (d) The provisions of this section shall not apply in the event that a 'Planned Unit Development - 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. (18) ACCESSORY MEDICAL SERVICES (a) Facilities may be 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. (t) 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. (21) 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 a.m. to 9:00 p.m. Monday through Saturday; hours of operation shall not prevent emergency medical treatment. Also, as per the Section 20 -3.3 (D), Permitted Use Schedule, of the Land Development Code, a Chiropractic Office or Clinic is permitted by right within the RO, LO, MO, NR, SR, TODD MU -4, TODD MU- 5, and TODD LI -4 zoning districts. M 20 -3.1 ZONING USE DISTRICTS AND PURPOSES. "(A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan, the City is hereby divided into twenty -nine (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 shall 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 -5) 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 DEFINITIONS: Ancillary 1. City of South Miami Land Development Code None Listed in Land Development Code. 2. City of South Miami Code of Ordinances None Listed in Code of Ordinances 3. Webster's Seventh New Collegiate Dictionary a. Subordinate, Subsidiary b. Auxiliary, Supplementary 4. Merriam- Webster's Learner's Dictionary a. Providing something additional to amain part or function. Clinic 1. City of South Miami Land Development Code None Listed in Land Development Code. 2. CSM Code of Ordinances: Section 19 -1 Definitions Health care, facility means any hospital, convalescent facility, walk -in clinic, doctor's office, mental health care facility and any other short- or long -term health care facility located within the City of South Miami. Webster's Seventh New Collegiate Dictionary a. A class of medical instruction in which patients are examined and discussed b. A class meeting devoted to the analysis and treatment of cases in some special field. c. A facility (as of a hospital) for diagnosis and treatment of outpatients d. A group practice in which several physicians work cooperatively. PROPOSED FUTURE LAND USE CATEGORY Clinic (Two - Story) The clinic land use category shall be applied to development projects and properties providing medical care at a facility that could be open 24 hours a day, 7 days a week and could also permit other ancillary uses implemented by the category. Properties may be with building heights and intensities compatible with surrounding districts. 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 proposal, the Planning and Zoning Department, working with the City Commission have prepared a new future land use element, which could be applied to areas to accommodate medical services 24 hours a day, 7 days a week. 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 5. Is the amendment compatible with and does it advance the city's objectives and policies contained in the comprehensive plan. The attached "Clinic (Two - Story)" (Exhibit A) category is the proposed future land use map category 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. N 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 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 15b 25 10b 20 20 Rear 20 15 10 15 10 15 " Side (Interior) 10 10 0 — — Side (Street) 20 15 10 15 10b 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 W 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. b 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 May 24, 2011 after public hearing, adopted a motion by a vote of 6 ayes 0 nay recommending approval as presented of the proposed amendment. RECOMMENDATION It is recommended that the amendment set forth above be approved on first reading. Attachments: Draft Ordinances; Exhibit "A "; Comprehensive Plan 2010 Cycle 2 Chart; Planning Dept. Staff Report, May 24, 2011 (Local Planning Agency); Public Notices; Local Planning Board Agency Meeting Minutes: May 24, 2011. CB /LCHYY: \Comm Items\2011 \6 -14 -11 \LPA -11- 021 \LPA -11 -021 5 -24 -11 Flu CLINIC.doc 1 2 3 4 5 6 7 8 9 10 it 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 ORDINANCE NO. An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled "Clinic (Two- Story)." 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 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 future land use map category titled "Hospital / Clinic (Two - Story)." One of the problems is having hospitals and clinics within the same category. The Planning and Zoning Department was instructed to draft a new future land use map category titled "Clinic (Two- Story)." WHEREAS, the Local Planning Agency at its meeting on May 24, 2011 after public hearing, adopted a motion by a vote of 6 ayes 0 nay recommending approval of the proposed 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 hereby approves amending the Comprehensive Plan, Future Land Use Element, by adopting a new future land use map category titled "Clinic (Two - Story)," which shall be included in Chapter 1 Future Land Use Element and shall read as follows: 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 2 Clinic (TWO -Story) The clinic land use category shall be applied to development projects and properties providing medical care at a facility that could be open 24 hours a day, 7 days a week and could also permit other ancillary uses implemented by the category. Properties may be with building heights and intensities compatible with surrounding districts. 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. Section 2: 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: CB /LCH Y: \Comm Items\ 2011 \6 -14 -I1 \LPA -11- 021 \Ordinance - Whereas LPA- 11 -21- CLINIC.doc EXHIBIT "A" Proposed Amendment South Miami Comprehensive Plan Chapter I Future Land Use Element FUTURE LAND USE MAP CATEGORY Clinic (Two - Story) The clinic land use category shall be applied to development roiects and properties providing medical care at a facility that could be open 24 hours a day, 7 days a week and could also permit other ancillary uses implemented by the category. Properties may be with building heights and intensities compatible with surrounding districts. 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. YAComm Items\ 2011 V6- 14- 11VL,PA- 11- 021ALPA- 11 -02I Exhibit FLU ChnicAoc V. cc m N _d V U 0 0 N c m 0. a) N C d L G. 0 U rNM V to tot, 00 W O r NM st r r r r r a1aldwo0 O o_ X c N E E O U CCU T) c leaddy <_ Q w E O E c U E E N O 0 O ° v v �QU o 0) oo� c D W.-- E £ o ION - H00 E a o c 3 O v ai N Z" o OZ O .-. WU Jam' U' Q U — o. Q , Q w 0 a U 0 J U J 0 O z Q N 6ulpeaa Zoo U) OHO - VoG 0 a. Bumme 00 4 44k:x X X x x U66/4Z/9 Hdl 0 4 4 w 6 6 /9Z /4 Hd-I X x x X X doys�joM 00 'Pa0 MGN M r Lo M Nt to ,_ I` 00 0 01 r 0 N r N N N O 000000 � 9999 Z , O r r r r r r r a anm.aaaa a aaaa J J J J J = m N � O o a O N p 0 V) O r dc"on °- 3 — O i+ o = VI O G M= G N A O 'O O U) to V N d "6 O O U. 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Q , Q w 0 a U 0 J U J 0 O z Q To: Honorable Chair & Local Planning Agency Members From: Lourdes Cabrera, LEER AP Acting Director Planning and Zoning Department Date: May 24, 2011 Re: Future Land Use Category Clinic (Two- Story) LPA -11 -021 Applicant: City of South Miami An Ordinance of the City of South Miami, Florida, amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category entitled "Clinic (Two - Story)." 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 entitled "Hospital / Clinic (Two - Story)." On April 26, 2011 the Local Planning Agency (LPA) after public hearing, adopted a motion recommending denial of the category entitled "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, 2011 the City Commission after public hearing, adopted a motion to withdraw the new future land use map category entitled "Hospital / Clinic (Two - Story)," One of the problems is having hospitals and clinics within the same category. The Planning and Zoning Department was instructed to draft a new future land use map category entitled "Clinic (Two - Story)." The subject application, LPA -11 -021, is a Comprehensive Plan Future Land Use text amendment to adopt a new future land use map category entitled "Clinic (Two- Story)," be created so that the building heights and intensities be compatible with similar uses. 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. Following adoption of the application by the City Commission, the application 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 413 of the attached Comprehensive Plan 2010 Cycle 2 Chart. ANALYSIS As per the Section 20 -3.3 (D), Permitted Use Schedule, of the Land Development Code, a Chiropractic Office or Clinic is permitted as a special use within the "Hospital" zoning district as follows: (27) 'M' Hospital 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 -3.4 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: L 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: i. Completion of the development according to approved plans; B. 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 Page 2 of 7 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 commission 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 Development - 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. (18) ACCESSORY MEDICAL SERVICES (a) Facilities may be 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. (f) 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. (21) 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 a.m. to 9:00 p.m. Monday through Saturday; hours of operation shall not prevent emergency medical treatment. Also, as per the Section 20 -3.3 (D), Permitted Use Schedule, of the Land Development Code, a Chiropractic Office or Clinic is permitted by right within the RO, LO, MO, NR, SR, TODD MU -4, TODD MU- 5, and TODD LI -4 zoning districts. Page 3 of 7 20 -3.1 ZONING USE DISTRICTS AND PURPOSES. "(A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan, the City is hereby divided into twenty -nine (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 shall 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 -S) 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 Page 4 of 7 DEFINITIONS: Ancillary 1. City of South Miami Land Development Code None Listed in Land Development Code. 2. City of South Miami Code of Ordinances None Listed in Code of Ordinances 3. Webster's Seventh New Collegiate Dictionary a. Subordinate, Subsidiary b. Auxiliary, Supplementary 4. Merriam - Webster's Learner's Dictionary a. Providing something additional to a main part or function. Clinic 1. City of South Miami Land Development Code None Listed in Land Development Code. 2. CSM Code of Ordinances: Section 19 -1 Definitions Health care facility means any hospital, convalescent facility, walk -in clinic, doctor's office, mental health care facility and any other short- or long -term health care facility located within the City of South Miami. Webster's Seventh New Collegiate Dictionary a. A class of medical instruction in which patients are examined and discussed. b. A class meeting devoted to the analysis and treatment of cases in some special field c. A facility (as of a hospital) for diagnosis and treatment of outpatients d. A group practice in which several physicians work cooperatively. PROPOSED FUTURE LAND USE CATEGORY providing medical care at a facility that could be open 24 hours a day, 7 days a week and could also permit other ancillary uses implemented by the category. Properties may be with building heights and intensities compatible with surrounding districts. 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. Page 5 of 7 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 24 hours a day, 7 days a week 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 5. Is the amendment compatible with and does it advance the city's objectives and policies contained in the comprehensive plan. The attached "Clinic (Two - Story)" (Exhibit A) category is the proposed future land use map category 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. Page 6 of 7 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, 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 50` 100 50 Min. Setbacks (ft.) Front 25 20 15b 25 106 20 . 20 Rear 20 15 10 15 10 15 " Side (Interior) 10 10 0 — — — Side(Street) 20 15 10 15 10b 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 W 30 — — — — — — Max. Impervious Coverage (`7,) 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. n 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 "Clinic (Two - Story)." Attachments: Exhibit "A ", Cornprehensive Plan 2010 Cycle 2 Chart, and Public Notices. LCH Y: \PB\PB Agendas Staff Reports\2011 Agendas Staff Reports \5- 24- 11ULPA- 11- 021\LPA -11 -021 - FLU Clinic.doc Page 7 of 7 EXHIBIT "A" Proposed Amendment South Miami Comprehensive Plan Chapter 1 Future Land Use Element FUTURE LAND USE MAP CATEGORY providing medical care at a facility that could be open 24 hours a day 7 days a week and could also permit other ancillary uses implemented by the category. Properties may be 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. LCHY:\PB \PB Agendas Staff Reports\2011 Agendas Staff Reports \5 -24 -I MPA- 11- 021\LPA -11 -021 Exhibit A FLU Clinic.doc v 0 r J, °o. a U `o w U 0 E m r a ;aldwoO x - ' - leaddy ION - HO4 6ulpead Z OO 080 - HOO 6ulpead 6 OO a a a3: x x x 4 L /DZ /9 Nd'1 x x x x >C' M L 6l9Z /17 Hdl x x x x x 6 doys�joM _ OO PO M9N C Z 0o O O 0 0 0 99 O CL 1 r 0 1 r `t m6CbC 6 C aaaa a a.o_o.aa.o_'. ��0. 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OC E' °d:•c q •a°moaiw 7°u a :c�" =mgraQ Pi. `a � Ai'wyo mL S_ ammN C1A' «o. s'' a mr a 0 O E MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Mlarm,Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING LPA -11 -018, ETC. - MAY 24, 2011 in the XXXX Court, was published in said newspaper in the issues of 05/13/2011 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adv�ftisementjor"�. ublication in the said newspaper. t / j Swom to and subscribed before me this 13 day of MAY , A.D. 2011 (SEAL) V. PEREZ personally known to me Is;] ik State of Fariner ission DD793I18t2012 City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:40PM Pledge of Allegiance was recited in unison II. Roll Call Action: Mr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mr. Cruz (Vice - Chairman), Mrs. Yanoshik, Mr. Vitalini, Mrs. Beckman, Mr. Dundor£ Board Member absent Dr. Philips City staff present: Mrs. Lourdes Cabrera - Hernandez (Acting Planning Director), Mr. Marcus Lightfoot (Permit Facilitator). City Attorney: Mr. Thomas Pepe. III. Administrative Matters Mrs. Cabrera stated that Mr. Christopher Brimo, the new planning director will start working on May 31, 2011. Therefore, he will be attending the next Planning Board / Local Planning Agency meeting. Dr. Whitman stated that Mr. Pepe sent an email to the Planning Board members regarding the proposed bill that will close the Department of Community Affairs (DCA), as well as a summary of it. Mr. Whitman suggested that once the Planning Director has begun, a joint workshop should be held to discuss the changes and how they would affect the City. Mrs. Beckman asked if DCA is removed, would the work that is being done tonight considered futile. Dr. Whitman stated that it wouldn't be futile. He stated that if the bill is passed then a level of oversight from DCA would be removed. Mr. Pepe agreed with the chair and stated that the house bill has not gone into effect as of yet. MWL Page 1 of 3 Z:\PB\PB Minutes\2011 Minutes \5- 24- 2011\LPA Regular Meeting Minutes Excerpt - 11- 021.doc IV. Local Planning Agency Applications / Public Hearings LPA -11 -021 Applicant: City of South Miami An Ordinance of the City of South Miami, Florida, amending the City of South Miami Comprehensive Plan to adopt a new future land use map category entitled "Clinic (Two - Story)." Mr. Vitalini read the item into the record. Mrs. Cabrera presented the item to the LPA. Chairman opened the public hearing: None Chairman closed the public hearing: Mr. Cruz asked that regardless of what is decided for the hospitals in the City, could they create a PUD in order to bypass the height requirement listed in the Comprehensive Plan? Mr. Pepe responded that the PUD should not exceed the limits of the Comprehensive Plan. The Land Development Code regulates the Comprehensive Plan. Mrs. Cabrera stated for the record that a PUD is a zoning district that has its own zoning regulations. Mr. Cruz then asked if the regulations for a PUD are in the Land Development Code, of which Mrs. Cabrera agreed. Mr. Pepe stated that even though there hasn't been a category for hospitals in the Comprehensive Plan since 1997, the City has been regulating hospitals which should not have been done. The category should have been added to the Comprehensive Plan so that the zoning districts could be properly regulated. Dr. Whitman stated that a PUD is essentially a "super" zoning category that effectively allows the applicant to break all of the rules found in the Land Development Code. Mr. Dundorf repeated a statement made earlier by Mr. Pepe regarding whether a PUD should conform to the Comprehensive Plan. Mr. Pepe stated that when he said the word "should ", he meant that the PUD should not exceed the density and intensity found in the Comprehensive Plan. Mr. Dundorf then asked if it Mr. Pepe meant "should not" or "shall not." Mr. Pepe corrected himself and stated that the PUD shall not exceed the density and intensity found in the Comprehensive Plan. Dr. Whitman asked if this new category is needed in the City. He then asked if clinics are permitted in a medical office use which is already allowed in a large amount of zoning districts. Mrs. Cabrera responded that medical offices may not be open for 24 -hours a day. Dr. Whitman MWL Page 2 of 3 Z:\PB\PBMinutes\2011 Minutes \5- 24- 2011TPA Regular Meeting Minutes Excerpt - 11- 021.doc then asked if there was a specific prohibition on the 24 hour use of medical offices. Mrs. Cabrera responded no. Dr. Whitman then stated that this is coming from the old Pubic and Institutional (PI) category. He then stated that everything that used to be considered PI will have to be converted to a new category. He then asked if this is what that is for. Mrs. Cabrera stated that this category branched off from the Hospital /Clinic category. Now that Clinic has been separated, how are they going to be treated? Mr. Pepe stated that the Commission was thinking Hospital/Clinic and they were thinking of in terms of clinics that were like hospitals that were open 24 hours a day. They then began to think that hospitals are six -seven stories high, and that the City doesn't need clinics of the same height. Mr. Dundorf asked what the logic was behind the category Clinic and Clinic/Veterinarian? Dr. Whitman stated that one is for humans and the other is for animals. Motion Mr. Vitalini motioned to approve the application. Mr. Cruz seconded the motion. Vote Aye: 6; Nay: 0 V. Approval of Minutes: Tuesday, May 10, 2011 The LPA reviewed the minutes and gave comments for staff to address. Minutes were then approved by the Board. VI. Future Meeting Dates: Tuesday, June 21, 2011 VI. Adjournment Dr. Whitman adjourned the Local Planning Agency meeting. Mwl- Page 3 of 3 Z: \PB\PB Minutes\2011 Minutes \5 -24 -2011 \LPA Regular Meeting Minutes Excerpt - 11- 021.doc