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18CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission Via: Chief Orlando Martinez de Castro, Acting City Manager From: Christopher Brimo, AICP .... IVJ/ Planning Director 0/ / d Date: August 7,2012 ITEM No .. _=---D-=-__ SUBJECT: An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Mixed -Use Commercial Residential (Four Story) to Hospital, for an area identified as 6140 SW 70 Street (Larkin) Folio's 09-4025-070-0020 and 09-4025-070-0010; and properties North of SW 70 Street (Larkin) more specifically defined as Folio's: 09-4025-028-1860, 094025-028-1850, 094025- 028-1840, 09-4025-028-1830, 09-4025-028-1820, 09-4025-028-1810, 09-4025-028-1800, 09- 4025-028-1790, 09-4025-028-1920, 09-4025-028-1910, 09-4025-028-1900, 09-4025-028-1890, 09-4025-028-1880, and 09-4025-028-1870. SUMMARY OF REQUEST The subject application is a Comprehensive Plan Future Land Use Map amendment that was originally initiated at a workshop held by the City Commission on April 12,2011. At the workshop, it was decided that the future land use map category entitled "Hospital" be re-created so that the existing Hospital facilities would be made conforming; this category had been removed from the Future Land Use Plan in 1997. On November 1, 2011 the comprehensive plan category "Hospital" was adopted by the City Commission on final reading [Ordinance 37-11-2110] and transmitted to the State Department of Economic Opportunity (formerly the Department of Community Affairs). Staff brought the map category to the Planning Board, acting in its capacity as the Local Planning Agency (LP A), to review the appropriateness of its application to the above referenced properties on the City'S Future Land Use Map. At the June 19,2012 LPA board meeting following a public hearing on application PB- 12-019, the Board adopted a motion by a vote of 3 ayes and 3 nays, in effect recommending that the proposed future land use amendment be denied by the City Commission. Current Land Use Plan & Map Category Prior to 1997, properties located North of SW 70 Street had a land use category of Hospital/Office (4-Story). The Hospital/Office (4-Story) category was removed from the City'S Comprehensive Plan Category in 1997 during the evaluation and appraisal reporting period (97-1ER). The land use plan category of "Hospital" was reinstated on November 1 , 2011(Ordinance 37-11-2110); the map category is currently Mixed Use Commercial/Residential (4-Story). The property located at 6140 SW 70 Street, by all indication has never had the designation of Hospital/Office , but rather a mixed use classification; the map category is currently Mixed Use Commercial Residential (4-Story) 2001 Page 2 Site Analysis 6140 SW 70 STREET PARCELS COMPREHENSIVE LAND DEVELOPMENT ACTUAL USE PLAN EXISTING LAND CODE EXISTING USE CATEGORY ZONING DISTRICT NORTH MIXED USE H LARKIN HOSPITAL PARKING COMMERCIAL/RESIDENTIAL AND MEDICAL OFFICES SOUTH TODD (4+4); MIXED USE MO ; TODD M U -4 ;TODD MU-5 M EDICAL OFFICES; PARKING; COMMERCIAL/RESIDENTIAL COMMERCIAL OFFICE EAST MIXED USE MO MEDICAL OFFICE; PARKING COMMERCIAL/RESIDENTIAL • WEST TODD (4+4) TODD MU-5 LARKIN HOSPITAL P N rth f SW 70 S rope rties 0 0 treet PARCELS COMPREHENSIVE LAND DEVELOPMENT ACTUAL USE PLAN EXISTING LAND CODE EXISTING USE CATEGORY ZONING DISTRICT NORTH MULTI F AMIL Y RM-18 LEE PARK CONDO. RESIDENTIAL SOUTH TODD (4+4); MIXED USE TODD MU-5 ; MO MEDICAL OFFICES ; COMMERCIALIRESIDENTIAL LARKINHOSPITAL; PARKING EAST TODD (4+4 TODD MU-5 THE VALENCIA APARTMENTS WEST MIXED USE LO M EDICAL OFFICE; VACANT; COMMERCIALIRESDENTIAL; PARKING RESIDENTIAL/LIMITED COMMERCIAL Land Use Plan Category [Ordinance 37-11-2110]: Hospital -The hospital land use category shall be applied to development projects and properties providing hospital facilities with building heights and intensities compatible with existing and 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 . Compatibility of Use: The property located at 6140 SW 70 Street is accessed from both and SW 61st Court and SW 70 Street, and is bounded by the hospital, medical offices, parking and commercial offices. The properties north of SW 70 Street and its medical building is accessible only from SW 70th Street, and is bounded by medical offices, Hospital, and commercial uses and multi-family residential. Compatibility of Density/Height: The Hospital category was removed from the city's comprehensive plan in 1997. The proposed future land use map category will reestablish a category; heights and densities for "new" or expanded hospital facilities must comply with the requirements of Section 20-3.4(14), and the MO zoning district in Section 20-3.5 of the City's Land Development Code, enumerated below. Impact on Public Facilities: An important element of a future land use map amendment is to assess the impact of the change on the public infrastructure serving the site . Please note that these facilities are preexisting; any expansion of the hospital facilities shall be in compliance with the requirements of the comprehensive plan and land development code. For purposes of this report, presented below is a summary of the projected impact of the proposed land use map category on public facility capacity. Z:ICommission JtemsI201218-7-12ILarkin FLUM MU _CR to HILarkin FLUM Amendment MUCR to H_CM report 8-07-12 .doc a) Park/Recreation Facilities Level of Service (LOS): City Comprehensive Plan: 4 acres per 1000 pop. No Impact b) Schools o students; No impact. c) Solid Waste o lbs /day; No impact. d) Wastewater(Sewer) o gallons/per day; No impact e) Potable Water o gallons/per day ; No impact f) Traffic/Streets o trips added; No impact Excerpt from the Land Development Code 20-3.1 -Zoning use districts and purposes. Page 3 (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 arid names shall be known as: Z:ICommission ItemsI201218-7-12ILarkin FLUM MU_CR to HILarkin FLUM Amendment MUCR to H_CM report 8-07-12.doc Page 4 Symbol Name RS-I 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 (Public/Institutional) TODD (PR) Transit-Oriented Development District (Parks & Recreation) PUD-R PUD-M PUD-H HP-OV HD-OV CS-OV II PI PR Planned Unit Development-Residential Planned Unit Development-Mixed Use Planned Unit Development-Hospital Historic Preservation Overlay Hometown District Overlay Community Service Overlay I-lo spifiil Public/Institutional Parks and Recreation (B) District Purpose Statements. (27) "H" Hospital District: The purpose ofthis 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. Z;\Commissioll ltems\20 12\8-7 -12\Larki II FLUM MU _ CR to H\La rkin FLUM Amendment MUCR to H _ CM report 8-07 -12 .doc Page 5 20-3.3 (D) -Permitted use schedule. USE TYPE ZONING DISTRICT R R R R R R R L R R L M N S G M T T T T T H P P C P S S S S S T T R M 0 o 0 R R R U 0 0 0 0 0 I R 0 A I 2 3 4 5 6 9 M 2 A 0 0 0 0 0 N R I 4 H 0 D 0 0 0 D K 8 M M L P P U U I I R 4 5 4 PUBLIC AND INSTITUTIONAL USES Adult Congregate Living Facility S S S S S S 13 I Church, Temple or Synagogue S S S S S S S I 6 Convalescent Home P P P P P P 13 Day Care Center (7 or more children) P P P P P P P P P P P P P 10 Early childhood child care, Pre-K, Pre-School P P P P P P P P Fraternal Organization or Private Club S S S S S P P P P S S 2 7 Governmental Administration P P P P P P P P P P 10 j,jospital s, 14 .s Mobile Pet Grooming Service P P P P P P P P P -- Museum, Library or Art Gallery P P P P P P P P P P 12 Park or Playground, Public P P P P P P P P P P P P P P P P P P P P School, Elementary or Secondary S S S S S S S 23 12 School, Private or Charter S S S S S S 23 12 School, Vocational S S S S S S 23 12 Social Services Agency S S S S S S S S S S 10 20-3.4 -Special use conditions. Any of the following special uses may be approved and permitted by the city commission at a public hearing, after a recommendation by the planning board, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20-3.3D), and that such use complies with the following general and special requirements and any other conditions that the city commission may consider appropriate and necessary: (A) General Requirements. (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the city commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the city commission to determine the overall compatibility of the use with the surrounding neighborhood. (4) If a special use is, in the future , determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. (14 ) HOSPITAL. The construction of new or the expansion or conversion of existing hospital facilities and accessory uses shall be subject to the following: Z:\Commission l\ems\2012\8-7-12\Larkin FLUM MU_CR to HILarkin FLUM Amendment MUCR to H_CM report 8-07-12 doc Page 6 (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 needed 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 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 purpose 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. (e) Dimensional requirements shall be approved by the city commission but in no case shall they be less restrictive than requirements applicable to the MO District. Z:ICommission UemsI201218-7-12ILarkin FLUM MU_CR to HILarkin FLUM Amendment MUCR to H_CM report 8-07-12 doc REQUIREMENT RO Min. Lot Size Net Area (sq. ft.) 7,500 Frontage (ft) 75 Min. Setbacks (ft.) Front 25 Rear 20 Side (Interior) 10 Side (Street) 20 Adj. Res. Dist. 25 Side (w/driveway) 20 Between Buildings 20 Max. Building Height Stories 2 Feet 25 Max. Building Coverage (%) 30 Max. Impervious Coverage (%) 75 Max. Floor Area Ratio (FAR) 0.30 Section 20-3.5 DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS LO MO NR 7,500 10,000 7,500 75 100 75 20 15.1) 25 15 10 15 10 0 - 15 10 15 25 25 25 20 20 20 20 2Q - 2 4 2 30 50 25 --- 80 85 75 .70 ~.60 .25 SR GR 5,000 10,000 50 c 100 . 101> 20 10 15 -- 101> 15 25 25 20 20 -- 4 2 50 30 -- 90 85 1.60 .80 • 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall. Page 7 I 5,000 50 20 a 15 25 20 - 2 30 - 85 .80 b Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater than twenty- four (24) inches in diameter; columns on the property line shall not be closer to each other than ten (10) feet. e The frontage requirement does not apply to uses in the SR District. Staff Observations 1. This is a preexisting properties and facilities. The applicant has not proposed and additional development or redevelopment for these sites; impact of the proposed land use map category change will have no change to public facilities including traffic, waste collection, water and sewers. 2. Prior to 1997, properties located North of SW 70 Street had a land use category of Hospital/Office (4-Story). The Hospital/Office (4-Story) category was removed from the City'S Comprehensive Plan Category in 1997 during the evaluation and appraisal reporting period (97-1ER). The land use plan category of "Hospital" was reinstated on November!, 2011(Ordinance 37-11-2110); the map category is currently Mixed Use Commercial/Residential (4-Story). The current zoning on these properties is Hospital. 3. The property located at 6140 SW 70 Street, by all indication has never had the designation of Hospital/Office, but rather a mixed use classification; the map category Z:ICommission ItemsI201218-7-12ILarkin FLUM MU _CR to HlLarkin FLUM Amendment MUCR to H_CM report 8-07-12.doc Page 8 is currently Mixed Use Commercial Residential (4-Story). Should the Commission choose not to amend the land use category for this property, the uses could continue under the current classification. If the Commission wishes to proceed with the proposed amendment, a rezoning of the property will also be required. Subject Property: 2010 Future Land Use Map: Attachments: AIAP LEGEND Q Cilyao-l.y D nA_ Il!I3I I .. C _F_ .......... (1'00-""') _.....w(t'oo-"",) .-.......-.J(l'oo-""') • U~-I'.-iIy~(F __ -Sta.y) • ........ ,u.;o.IC __ (1'oo-""') • t.fiM.U",C~l ~(F_-ShIIy) • T.OD.D ( ....... ..,.) • c-.m.J"""" .. """.(l'oo-Slooy) 1IIlI """'""""""'~) • ."""""'C1~ •. .....,) • P.wlc -. ImliaatiOlW (1_-5-,.) • """ .... Opoo ..... Draft Ordinance Ordinance 37-11-2110 Planning Board Minutes . Z:\Commission ltems\2012\8-7-12ILarkin FLUM MU_CR to HILarkin FLUM Amendment MUCR to H_CM report 8-07-12 .doc 1 ORDINANCE NO. ___ _ 2 3 An Ordinance amending the Future Land Use Map of the South 4 Miami Comprehensive Plan by changing the future land use map 5 category from Mixed -Use Commercial Residential (Four Story) to 6 Hospital, for an area identified as 6140 SW 70 Street (Larkin) Folios: 7 09-4025-070-0020 and 09-4025-070-0010; and Properties North of SW 8 70 Street (Larkin) more specifically defined as Folios: 09-4025-028- 9 1860, 094025-028-1850, 094025-028-1840, 09-4025-028-1830, 09-4025- 10 028-1820, 09-4025-028-1810, 09-4025-028-1800, 09-4025-028-1790, 09- 11 4025-028-1920, 09-4025-028-1910, 09-4025-028-1900, 09-4025-028- 12 1890,09-4025-028-1880, and 09-4025-028-1870. 13 14 WHEREAS, the Florida Legislature intends that local planning be a continuous 15 and ongoing process; and 16 17 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to 18 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate 19 policy guidance for growth and development; and 20 21 WHEREAS, the City Commission adopted a new future land use category titled 22 Hospital on November 1,2011 (Ordinance 37-11-2110); and 23 24 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on June 25 19,2012 after public hearing on application PB-12-019, adopted a motion by a vote of 3 26 ayes and 3 nays, thereby recommending that the above described Future Land Use Map 27 amendments should be denied; and 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 30 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 31 32 Section 1. The City Commission hereby a Future Land Use 33 Map Amendment changing the future land use map category from the Mixed Use 34 Commercial/Residential (MU-CR 4 story) to Hospital for the properties more specifically 35 described as 6140 SW 70 Street (Larkin) Folios #09-4025-070-0020 and 09-4025-070- 36 0010; and Properties North of SW 70 Street (Larkin) more specifically defined as 37 Folios: 09-4025-028-1860, 094025-028-1850, 094025-028-1840, 09-4025-028-1830 , 09- 38 4025-028-1820, 09-4025-028-1810, 09-4025-028-1800, 09-4025-028-1790, 09-4025- 39 028-1920, 09-4025-028-1910, 09-4025-028-1900, 09-4025-028-1890, 09-4025-028- 40 1880, and 09-4025-028-1870. 41 42 Section 2. All ordinances or parts of ordinances in conflict with the provisions of 43 this ordinance are hereby repealed. 44 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 Section 3. 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 4. This ordinance shall be effective immediately after the enactment hereof. PASSED AND ENACTED this _ day of ____ , 2012 ATTEST: C ITY CLERK I sf R eadin g : 2 nd Reading : READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: ORDINANCE 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 plalming be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statues, directs local govenlments 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 Apri126, 2011 the Local Planning Agency (LPA) after public hearing, adopted a motion recommending denial of the category titled "Hospital/Clinic (Two-Story)." The LP A 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. 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. TIle City Commission accepts the aforementioned recommendation of the Local P1.ann.i.ng 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 2 Hospital The "Hospital" land use category shall be applied to development projects and properties providing hospital facilities with building heights and intensities compatible with existing uses, . !!4jacent uses, and special uses. Pemlitted 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 ordinance shan become effeeffi,re at the expiration of ten days after adoptiefr.. The effective date of this plan amendment, if the amendment is not timely challenged. shall be 31 days after the state land 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 d.etermining this adopted amendment to be in compliance. No development orders, development pennits. or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by tbe Administration Cominission. 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 agency. PASSED AND ADOPTED this ~ iaay of November ,2011 ATTEST: APPROVED: Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner BeasieT Yea Commissioner Harris: Yea CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minute,s Tuesday"June 19 2012 Cjty Commission Chambers 7:30 P.M. 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 7:37 PM. Pledge of Allegiance was recited in unison. II. Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mrs. Beckman, Mr. Dundorf, Dr. Hauri, Dr. Philips and Mr. Vitalini. Board Member absent: Mr. Cruz (Vice-Chairman). City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: None City Attorney: Mr. Thomas Pepe. III. Administrative Matters There are no administrative matters at this time. IV. Public Hearings 3. PB-12-018 Applicant: City of South Miami Location: 7031 SW 62 Avenue (Larkin Community Hospital) -Folio #09-4025-027-0010; An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from TODD (4+4 Story) to Hospital, for an area identified as 7031 SW 62 Avenue (Larkin Community Hospital) -Folio #09- 4025-027-0010. Dr. Whitman read the item into the record. Mr. Brimo presented the item to the Board. Z:\PB\PB Minutes\20 12 Minutes\June\PB Final Regular Meeting Minutes -06-19-12-Excerpt.doc Page 1 of 5 Mr. Dundorf asked Mr. Proctor is Larkin Hospital looking to go to a non-profit and ~o to a PUD H category. Mr. Proctor responded that the plan is to rezone the property south of 70 1 street to H not PUD H and then come before this Board and the City Commission with plans describing what will be done with the properties. Mrs. Beckman asked Mr. Proctor why there is a need to designate the zoning as H. Mr. Proctor responded that the hospital has not been in compliance with the state law are subject to challenge. The Chairman opened the Public Hearing. NAME David Morton ADDRESS 6465 Sunset Dr. SUPPORT/OPPOSE He stated that he has a problem with hospitals not paying property taxes like South Miami Hospital; Larkin Hospital is not non-profit however, there is the concern that this may be moving in the same direction. He then stated that he is in agreement that Larkin Hospital comes in compliance with the state regulations. The Chairman Closed the Public Hearing. Dr. Whitman asked Mr. Brimo regarding South Miami being changed from PI to an H category like it is being proposed with Larkin. Mr. Brimo stated that it can come back to the Planning Department as a Land Use Amendment. Dr. Philips stated that going to H will not change their tax status. Mr. Brimo responded that they are able to change their status without this change. Motion: Dr. Philips motioned to approve the item as proposed. This motion was seconded by Mr. Vitalini. Vote: Approved: 4 Opposed: 2 Mrs. Beckman: No Dr. Whitman: Yes Dr. Philips: Yes Mr. Vitalini: Yes Dr. Hauri: Yes Mr. Dundorf: No 4. PB-12-019 Applicant: City of South Miami -Location: 6140 SW 70 Street (Larkin Community Hospital) -Folio #09-4025-070-0020 and 09-4025-070-0010; -Properties North of SW 70 Street (Larkin Community Hospital) -Folio #s: 09-4025-028- 1860, 094025-028-1850, 094025-028-1840, 09-4025-028-1830, 09-4025-028-1820, 09-4025- 028-1810, 09-4025-028-1800, 09-4025-028-1790, 09-4025-028-1920, 09-4025-028-1910, 09- 4025-028-1900,09-4025-028-1890,09-4025-028-1880, and 09-4025-028-1870 -An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Mixed -Use Commercial Residential (Four Story) to Hospital, for an area identified as 6140 SW 70 Street (Larkin Community Hospital) Folio #09-4025-070-0020 and 09-4025-070-0010; and Properties Z:\PB\PB Minutes\2012 Minutes\June\PB Final Regular Meeting Minutes -06-19-12-Excerpt.doc Page 2 of 5 North of SW 70 Street (Larkin Community Hospital) more specifically defined as Folio #s: 09-4025-028-1860, 094025-028-1850, 094025-028-1840, 09-4025-028-1830, 09-4025-028- 1820, 09-4025-028-1810, 09-4025-028-1800, 09-4025-028-1790, 09-4025-028-1920, 09-4025- 028-1910, 09-4025-028-1900, 09-4025-028-1890, 09-4025-028-1880, and 09-4025-028-1870. Mr. Dundorfread the item into the record. Mr. Brimo presented the item to the Board. Dr. Whitman asked Mr. Proctor why this property which is parking lot should be changed to an H category. Mr. Proctor stated that this property has the neuroscience center located on it and it also has a parking lot, we could not sell off that property and still provide adequate service to patients and hospital staff because it provides the parking for them. The Chairman opened the Public Hearing. NAME David Martin ADDRESS 6465 Sunset Dr. SUPPORT/OPPOSE Oppose He stated that once you have a hospital you have a non-profit status, you then have an economic engine operating of itself which he is not in favor of. The Chairman Closed the Public Hearing. Mr. Dundorf stated that he is agreement with Mrs. Beckman regarding Larkin Hospital becoming a non-profit organization; we don't know the implications for changing the category to H. Mr. Proctor stated that this property has already been approved and built as a hospital. He also stated that anything that they do to expand will come before this Board and the City Commission. He then stated you cannot make decisions based on taxation issues, it should be made based on the Land Use and the Comp Plan. Motion: Dr. Philips motioned to approve the item as proposed. This motion was seconded by Mr. Vitalini. Vote: Approved: 3 Opposed: 3 Mrs. Beckman: No Dr. Whitman: No Dr. Philips: Yes Mr. Vitalini: Yes Dr. Hauri: Yes Mr. Dundorf: No The vote resulted in a tie. V. Approval of Minutes: Planning Board Minutes of April 10, 2012 -The Board members reviewed the minutes and were in favor of approval of the minutes with minor changes. Z :\PB\PB Minutes\2012 Minutes\]une\PB Final Regular Meeting Minutes -06-19-12-Excerpt.doc Page 3 of5 Motion: Dr. Whitman motioned to approve the April 24, 2012 Minutes. This motion was seconded by Mrs. Beckman. Vote: Approved: 5 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Hauri abstained from the vote due to her absence from this meeting. Planning Board Minutes of May 8, 2012 -The Board members reviewed the minutes and were in favor of approval of the minutes with no changes. Motion: Mr. Vitalini motioned to approve the May 8, 2012 Minutes. This motion was seconded by Mr. Dundorf. Vote: Approved: 5 Opposed: 0 Mrs . Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Discussion Motion: Mr. Dundorf stated that we sited in on only two of the churches by recommendation of the City Commission and recommended that we should cover all the churches within the City of South Miami and this also should apply to the hospitals as well. This motion was seconded by Dr. Hauri. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Hauri: Yes Mr. Pepe informed the Board that he did the research regarding items PB-12-015 and PB-12- 016 if the story designation is a taking. His findings were that it is not a taking because anyone who purchases property is on notice of future changes due to the Comp Plan and also zoning changes. Z:\PB\PB Minutes\20 12 Minutes\June\PB Final Regular Meeting Minutes -06-19-12-Excerpt.doc Page 4 of5 VI. Future Meeting Dates: Tuesday, July 10,2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:50 PM. Z:\PB\PB Minutes\20 12 Minutes\June\PB Final Regular Meeting Minutes -06-19-12-Excerpt.doc Page 5 of5