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14CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission Via: Steven J. Alexander, City Marager From: Christopher Brimo, AICP ct; Planning Director Date: April 2, 2013 SUBJECT: ITEM NO.-'L-L~#~ South Miami bAd ;Tiir 2001 An Ordinance relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district for from "TODD MU-5" Mixed Use 5 to "H" Hospital, for property located 7031 SW 62 Avenue; 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 rezoning request is an application submitted by Larkin Community Hospital in conjunction with their previous unity of title approval (Resolution 41-12-13598) and Future Land Use Map (FLUM) amendment request submitted by staff. The FLUM amendment was presented to the City'S Local Planning Agency on June 19,2012 to request a review and recommendation of a map amendment [PB-12-0 18] for 7031 SW 62 Avenue from TODD (4+4), to Hospital (H); the recommendation was for approval by the City Commission, by a vote of 4 ayes, 2 nays. The property involved is Larkin's main hospital building that is seeking to change the zoning use district on this entire propeliy from "TODD (MU-5)" Transit Oriented Development District (Mixed Use-5), to Hospital (H). This facility has been in existence since the 1970's and the purpose of the request is to bring the zoning into conformance with the existing use of this property as a hospital, and "to modernize emergency room services at this facility. " The TODD (MU-5) zoning district permits mixed use residential development with a maximum height limit of up to eight (8) stories or one-hundred feet (100'). However, this district does not permit the Rezoning Application 7031 SW 62 Avenue (Larkin Community Hospital) Folio #09-4025-0270010 January 8, 2013 Page2of4 development of Hospitals, making this existing use nonconforming. Hospitals are only pennitted in the "H" zoning district following special use approval. Please refer to the permitted use schedule Section 20-3.3(D), below. Please note that expansion of hospitals are subject to the dimensional requirements applicable to the MO -Medium Intensity Office District. The rezoning request went before the Planning Board on July 10,2012, application PB-12-023, and following a public hearing, the Board made a motion to recommend approval of the' request to the City Commission by a vote of 6 ayes, 1 nay. SITE LOCATION ANALYSIS The total site area is 38,253 sq. ft. (0.88 acres mol) and consists of one rectangular lot, which is bounded by SW 62nd Avenue, SW 70th Street and SW 61st Court, indicated on "Sheet 1, Lot B" of the attached Larkin Site Map. The main entrance of the facility is off SW 62 Avenue, with the emergency room access from SW 70th Street and SW 61st Court. Per the applicants letter of intent (attached), the Hospital is proposing to expand and modernize the existing emergency room within the existing footprint of the hospital. Please refer to the attached Plan Sheets 3, 4 and 5. Parcels Comprehensive Plan Land Development Code Actual Use Existing Land Use Existing Zoning District Category North MU Commercial-Residential H -Hospital LarJdn Hospital Parking & Neuroscience Center South TODD TODD (MU-5) Mixed Use Medical & Commercial Office East MU Commercial-Residential MO -Medium Intensity Office Larkin Nursing School; Medical Offices; Parking West TODD . TODD (MU-5) Mixed Use Medical & Commercial Office Existing Zoning: Subject Property Z:ICommissiOIl IIemsl201 311 -8-J 3ILarkin Rezoning TODD MU5 10 HILarkin rezoning requesl_ TODDMU5 10 H. eM repol1.docx Rezoning Application 7031 SW 62 Avenue (Larkin Community Hospital) Folio 1109-4025-0270010 January 8, 2013 Page30f4 Compatibility of Use: The site is the main hospital facility and a part of the Larkin Community Hospital campus as shown on Plan Sheet 2 (Larkin Campus Plan). The site is adjacent to other Larkin owned property and is surrounded by other medical office, commercial office, and parking uses. The. site is approximately two blocks from the Metrorail transit station and is within walking distance of the community center, a senior citizen center, a library and an urban downtown. The property also is located within 500 feet from existing high density residential developments. The existing future land use map category is currently (TODD), however the applicant currently has a FLUM amendment request pending before the City Commission to have this changed to the Hospital (H) category. Public Facilities: This is a preexisting hospital facility. Parks / Recreation Concurrency No impact. Schools Impact No impact. Wastewater (Sewer) The applicant will be required to obtain approval from the Miami-Dade Water and Sewer Department for any proposed development on this site. Transportation/Traffic A development in this area of the City is not subject to transportation concurrency. Most of the City of South Miami is within the County established Transportation Concurrency Exception Area. Comprehensive Plan: The proposed use is compatible with the recent text amendment to the City's Comprehensive Plan that reestablished the "H" hospital land use category on November 1, 2011 (Ordinance 37- 11-2110). As previously noted, this property has a companion map amendment application that is under review by the City Commission, to change the land use designation from TODD to H. Staff Recommendation: This is an existing hospital facility that is nonconfonning by the cunent zoning district. Staff recommends amending the official zoning map changing the zoning district for this property from TODD MU-5 to H. Z:\Commission Ilems\20J3\J-8-J3\Larkin Rezoning TODD MU5 10 H\Larkin rezoning rcqncsl_TODDMU5 10 H_CM rcpOI1.docx Rezoning Applica/ion 7031 SW 62 Avenue (Larkin Communily Hospi/ol) Folio #09-4025-0270010 January 8. 2013 Page 4 0/4 USE TYPE Child Care Facility (7 or more children) Early childhood child care. Pre- K. Pre-School Attachments: Draft Ordinance Application Letter of Intent Campus LayoZlt & Site Plan Sheets J-5 SECTION 20-3.3(0) PERMITTED USE SCHEDULE Z:\CommissionJtems\20J3\J-8-J3\Larkin Rezoning TODD MUS to HlLarkin rezoning request_TODDMU5 to H_CM repon.docx 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 47 48 ORDINANCE NO. _____ _ An Ordinance relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "TODD MU-5" Mixed Use 5 to "H" Hospital, for property located 7031 SW 62 Avenue; Folio #09-4025-027-0010. WHEREAS, Application No. PB-12-023 was submitted to the Planning and Zoning DepartIrient by Larkin Community Hospital, said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district for property located at 7031 SW 62 Avenue from Transit Oriented Development District Mixed Use 5 (TODD MU- 5), to the Hospital (H) zoning district; and WHEREAS, the current zoning designation does not permit hospitals, and the purpose of the requested change in zoning is to bring the current use of the property as Larkin Community Hospital into conformance with the City's land Development Code; and WHEREAS, on July 10, 2012 after Public Hearing, the Planning Board recommended approval of the requested zoning map amendment by a vote of 6 ayes 1 nay; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 Application No. PB-12-023 requesting to amend the official zoning map of the City of South Miami by changing the zoning use district for property located at 7031 SW 62 Avenue from Transit Oriented Development District Mixed Use 5 (TODD MU-5), to the Hospital (H) zoning district is hereby _______ _ Section 2 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 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 This ordinance shall be effective immediately after the enactment hereof. PASSED AND ENACTED this ____ day of ____ " 2013. 2 1 ATTEST: APPROVED: 2 3 4 5 CITY CLERK MAYOR 6 7 151 Reading: 8 2nd Reading: 9 10 READ AND APPROVED AS TO FORM, 11 LANGUAGE, LEGALITY AND 12 EXECUTION THEREOF: 13 14 COMMISSION VOTE: 15 Mayor Stoddard: 16 Vice Mayor Liebman: 17 Commissioner Newman: 18 Commissioner Harris: 19 CITY ATTORNEY 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 flk/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 thatthe 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 ertise ent for publication in the said Swom to and subscribed before me this 05 day of APRIL ,A.D. 2013 C~~ (SEAL) O.V. FERBEYRE personally known to me CI1YPF, SQU1:H:",A.., •. ' .......... . NOTICE'p~ P,UBLIC' .,EARINO NOTItE ;5. HEREBY given that the . City bommission'Of' the~ity ,of South Miami '. Florida will.conduc!public.HeariQg(s)at its regular City CommiSsion ~eeling scheduled for TuelidaYiApril16:2013Aleglnnjng. at.7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive. to' consider the followifjg item(s): .•..... > .,. . A • Resolutib~.relating to~.,;eque$t ; pUrsuant tjo~ection 20-3.4(B)(4)(b) of lile LaQdDev~lopf!)eQr90g~JorSp~2iaI I,Jse Approval to locate a general restaurant at 7?09SW59A\(el1ue,. within . the SpeciaUy;Retail$R·.·. Hom/llowry . Qistrict overlay ·HD"OV",z~:>nlnggj~trtW:~bA·l .' • ,'"~ i. . An9rdinanpe a01endiri~th~iuture ~ricfo~e Mals6f the;$O~lil. :Mianii;bomprehefjSive.Planby>changin.g;t~e futur'l'.I~n~ •. ~~e ,nap categoryfrgm TODQ X~+4 Story). toJ:lo$pltal,for~n .area identified as 7031 SW 62 Ayenue (Larf<1O Comm~nIIYJ:l9§p,tal).~ Folio#09-4025-02i~o01b~ .. :~,.'.·' ". ... ... ·Xi .' ,'.,'. ,. ," '.', ,,0-:', '",' ( . .•. '.A. n.'o .. ~.r.di.na .•. h ... ~ .. ' ........ ·.~ .... ~ ...... I.~.' .. tj.'.i1 .•.. g.t.8.,;.i~a •.... ",ap.oftl:teCltyoL$oulh i Ci1anging th,ezonlng : to ~H" hospital; for .,. . . .:.·COn;fQl!nity:l:iosPi~):'i~oli . ~~ti.otitYintiM .• fheCitYqf;So . . .PerSf;lon withChapte:r1 .. <:.'/:' >-, " ",' ",' .:><,:,".i,~'·:?"i:X·': ::;0\'~~.5>:?'~>:7~:'.~"::.'<: : {J, ;;, . ALLint~rest~ap~Jj~;'a;ein~it~d to aftend<lndwillbe;h~~rclLi t , , "",~.-,'{>"r,~<:,~·,,*::'". " "~"'" ,t:, \f) .. :" .~;,. '", :-:>',,".,: >. '< ,. ·.THE:MIAMI.HERALD MiamiHerald;com··· ~ §'