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13* .. South Miami hft:d CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ;iiW To: The Honorable Mayor and Members of the City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICP Planning Director Date: April 2, 2013 SUBJECT: W ITEM NO.---ILt..-..:!!3=--_ 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. SUMMARY OF REQUEST This item was previously heard and approved on first reading by the Commission on August 7, 2012. Prior to the second reading, the applicant requested that the item be tabled. Since there was no date certain specified for the item to come back to the Commission, the following Section of the Code of Ordinances requires that the item to be reheard as first reading. Section 2-2.1. -Rules of procedure of city commission. The following rules of procedure shall govern all meetings of the city commission, namely: (C) " ... Any agenda item that has been tabled without a time certain shall automatically be removed if not acted upon during the three (3) succeeding regular commission meetings following the date of said tabling" 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 is now bringing this category to the Planning Board, acting in its capacity as the Local Planning Agency (LPA), for application to specific properties on the City's Future Land Use Map. Current Land Use Plan & Map Category Prior to 1997, this property 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 (97-1 ER). The land use plan category of "Hospital" was reinstated on November, 1 2011(Ordinance 37-11-2110); the map category is currently Transit Oriented Development District (TODD (4+4). 2001 Page 2 Site Analysis PARCELS COMPREHENSIVE PLAN LAND DEVELOPMENT CODE ACTUAL USE EXISTING LAND USE EXISTING ZONING DISTRICT CATEGORY NORTH MIXED USE H LARKIN HOSPITAL COMMERCIAL/RESIDENTIAL SOUTH TODD (4+4) TODD MU-5 MEDICAL OFFICES EAST MIXED USE MO LARKIN HOSPITAL; MEDICAL COMMERCIALIRESIDENTJAL OFFICES; LARKIN PARKING WEST TODD (4+4) TODD MU-5 MED OFFICE/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: Larkin Hospital is a pre-existing Hospital facility that has been in operation since the 1970's. The facility fronts SW 62nd Avenue with secondary access for emergency vehicles on SW 70th Street, 'and is bounded by medical office and commercial uses. Compatibility of Density/Height: The Hospital category was removed from the city's comprehensive plan in 1997, effectively making Larkin Community Hospital nonconfonning. The proposed future land use· map category will reestablish a category for this existing use. 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 ofthe hospital facilities shall be in compliance with the requirements of the comprehensive plan and land development code. For purposes of this report, presented below isa summary of the projected impact of the proposed land use map category on public facility capacity. 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 Z:\Commissioll Jtems\20J3\1-8-J3\Larkin FLUM TODD to HlLarkin FLUM Amendment TODD to H_CM report 1-8-13.doc Page 3 Excerpt from the Land Development Code 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: ' (B) District Purpose Statements. (27)"H" 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 Z:\Commissioll 11em$\20 13\1-8-13\Larkin fLUM TODD 10 H\Larkin fLUM Amendmenl TODD 10 11_ eM rep0l1 I-S-13.doc Page 4 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. 20-3.3 (D) -Permitted use schedule. 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 sunounding uses. Z:\Commission I1cms\20J 3\1-8-I 31Larkin FLUM TODD to HILarkin FLUM Amendment TODD 10 H_ CM rcpoI1 1-8· J3.doc Page 5 (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: (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:\CommissiOIl 1'ems\20 13\1 -8-1 3\Larkin FLUM TODD 10 H\Larkin FLUM Amendment TODD 10 1-1_ CM report 1 -8-J3.doc RO 75 0.30 Section 20-3.5 DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS LO 80 .70 SR GR 2 30 90 1.60 .80 a 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall. Page 6 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. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan. 2. The land use amendment will formally recognize the City'S efforts and citizen participation in assuring the continued compatibility of Hospital facilities with the surrounding neighborhood. 3. This is a preexisting facility; impact of the proposed land use map category change will have no change to public facilities including traffic, waste collection, water and sewers. 4. Since this is a preexisting hospital facility with an incorrect land use designation, it is recommended that Comprehensive Plan Future Land Use Map be amended by approving the Future Land Use Map Category titled "Hospital" be applied to the property located at 7031 SW 62 Avenue. If"the Commission wishes to proceed with the proposed amendment, a rezoning of the property will also be required. Z:ICommission 1temsl20 1311·8-J3\Larkin FLUM TODD to HILarkin FLUM Amendment TODD to H_ CM report l-g-13.doc Subject Property: 2010 Future Land Use Map: MAl' LEGEND iZl City ~'U!<l"Y r.J CRA/lo,.l<h.·y fil Singlc-.f'nmily Rt'sid(tll'I~J (l\\'\)..SI0J)? III l'J<'pl"" 'Ro>!a.m;nl (1\,\'v-.~J"'y) flm 1''''.,,,I,,,u,,, Roo.,I.",i.1 ('I\V,,"S.Ory'l .. ~t\d~jvlit·r'i'lmny R#itJ~nIJ~i (fC\IJ .. StCly) !Ii R .. id<lIlialll.imiitd C<>m. Dh.d<. (I\,,,,S'''')') III 1>1.;«<1-1) ... (;.,,,,,,,.,.;"1. n~IM"'i., (F", ... """,·)? . II 'r.O.l).D~ (.N4..sh.l ly') II C...omn1~Niol ltd::.i) $: OlU,\) (1'w(J-StI)SY) 111 R~{(1.t.ol1'l Offi;;:.e-(nvv.,StQ.ty) .. &luc.niouuJ (F()\lr.st\."r[Y) _ P\1bU". aiHI b~-'tinili~!1J11 (Fl>itt.$Ju)'Y) iii P"k, mid OJ''''' SI"'. 2010 Lard I.T..,. Mop Attachments: Draft Ordinance Ordinance 37-11-2110 Planning Board Minutes Z:\Commission Itcms\201 3\1-8-1 3\Larkin FLUM TODD to HlLarkin FLUM Amendment TODD to H_CM repon 1-8-13.doc Page 7 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 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. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the Comprehensive Plan provides appropriate policy guidance for growth and development; and WHEREAS, the City Commission adopted a new future land use category titled Hospital on November 1, 2011 (Ordinance 37-11-2110); and WHEREAS, the Local Planning Agency (Planning Board) at its meeting on·June 19,2012 after public hearing on application PB-12-018, adopted a motion by a vote of 4 ayes and 2 nays, thereby recommending that the above described Future Land Use Map . amendment should be approved; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby a Future Land Use Map Amendment changing the future land use map category from the Transit Oriented Development District (TODD 4+4) to Hospital for the property more specifically described as 7031 SW 62 Avenue (Larkin Community Hospital) -Folio 09-4025-027- 0010. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 ____ , 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST: CITY CLERK 1 sl Reading: 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: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami·Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (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 4/16/2013 in the XXXX Court, was published in said newspaper in the issues of . 04/05/2013 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 mission or refund for the purpose of securin is ertise ent for publication in the said Swom to and subscribed before me this 05 day of APRIL ,A.D. 2013 CJ~2:2?~ (SEAL) O.V. FERBEYRE personally known to me Notary Public State of Florida Cheryl H Marmer My ~ommission EE 189528 E ~plres 071181201 e NOTICE ISHEREBygW~~'that thl'l City CQmiriissi~n ot[trJec;ity ,of Soutti. Miami, ;Floadawill:¢9r1d",ytpu/JnCI:I~aring(s)aUts r~gular ~ity f Commissioo'meetingschedulEld fQr.Tuesday, April 16,2013: beglnlllng, al.7:00 p.m."in the City CpmmisSion Chambers, 6130 SulisetOrive, to' conslderthe following item(s): . f;)ff'){~;;'" 'A Re;ofUlib~\relali~g:;tOaf (eque~t'j>arsual1f'fo',sectlon . 20.3.4(B)( 4)(b)of the L<md[)evelopm~nt 9o,d~!()r;SpAAl9!Vse'.f Approval to ioc,atea genl'lr/ilrestayrant at 7.?09SW59~vl'lnue.. . within ··the, SpeQiilIlY;Retail'~SR:' ; HOITIEllOVVI) jPi~trict . 9verfay '" .~:D.:;~::J~nl~~rJ~~~~tr:·~u,t;:~~;'~s~·~~·~,i~~·~o.u,t~.,.:. [( •• ·.:~t~~~~.~fij~~!i.·~~~~J~[~~~~~:futur~~}~~~,use .•. ~ .?~'fo#~9-4~3~:(j;~t~?~;5r'>lt1';iB·'~;~W " ' , An O~llian~reICltirJg JR ,map'cf. il:l!~ .Gityr~f'.~o '. c, '. . QrJin9 ¥~E1;. .' to."W lJosr I?,r~li~rWJ.o 'Cpfnmimlty, .QSpiUl!)c; J;'oli.o¥( , " ,":,"',-.') c".····.,·;·.'j "'< '';(;A/:~rU\~~·ft~ d 5~.:!';.{n ALLinteresl~d·ps~jl'l~.~teinvltedIO litt~ndand~iUbe',h~ard .• ·'. ..' ,< 'J,;~~~~3;;·i~f·S~'i"·'0t.: \~~,~i.~~~la()r1~e·'~i~>bf~~:~bffi~~,:~J:! THE MIAMI HERALD t ., ...... ,.-.. ,-.~.-.. ""~.--..... ~ ........ --,,-.-.... --.~. ~