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Ordinance 2019-4235 550 9TH STREET - PUBLIC FACILITY HOSPITAL (PF (HD)) COMPREHENSIVE PLAN AMENDMENT ORDINANCE NO. 2019-4235 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY OF MIAMI BEACH 2025 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY PURSUANT TO SECTION 118-166 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, SECTION 163.3181, FLORIDA STATUTES, AND SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED AT 550 9TH STREET, AND WHICH IS COMPRISED OF LESS THAN 10 ACRES, FROM THE CURRENT DESIGNATION OF PF-HD, "PUBLIC FACILITY - HOSPITAL," TO THE FUTURE LAND USE CATEGORY OF CD-2, "COMMERCIAL MEDIUM INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 'WHEREAS, the Goal of the Future Land Use Element is to "[e]nsure that the character and location of land uses maximize the potential for economic benefit and the enjoyment of natural and man-made resources by citizens while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation;" and WHEREAS, Policy 1.1 of the Future Land Use Element partially states that the City shall "[c]ontinue to administer land development regulations (LDR) consistent with s.163.3202, Florida Statutes that shall contain specific and detailed provisions required to implement the adopted Comprehensive Plan and which as a minimum:...(2) Regulate the use of land and water consistent with this Element and ensure the compatibility of adjacent land uses and provide for open space;" and WHEREAS, the "Public Facility Hospital (PF-HD)" future land use category allows for hospital facilities; and WHEREAS, hospital facilities allows for a range of medical uses that potentially pose hazards and nuisances and may be incompatible with surrounding residential and commercial uses if not appropriately buffered; and WHEREAS, the subject parcel, which has a future land use designation of "Public Facility Hospital," is relatively small (0.479 acres) and built-out and lacks opportunities for appropriate buffering of hospital uses from adjacent residential and commercial uses; and WHEREAS, the proposed "Medium Intensity Commercial District (CD-2)" is consistent with the future land use designations of the remainder of the block and compatible with nearby future land use designations; and WHEREAS, changing the future land use designation of the subject parcel is consistent with the Goal and Policy 1.1 of the Future Land Use element, as it minimizes the threat to health, safety and welfare by reducing the potential for hazards, nuisances, and incompatible land uses; and WHEREAS, changing the comprehensive plan designations of the subject parcel as provided herein is necessary to ensure the development of the sites will be compatible with development in adjacent and surrounding areas, as the proposal will ensure that the entire block has a CD-2 future land use designation; and WHEREAS, the City of Miami Beach has determined that changing the designation of the subject parcel as provided herein will ensure that new development is compatible and in scale with the built environment; and WHEREAS, changing the comprehensive plan designations of the subject parcel, as provided herein, is necessary to ensure that the development of the site will be compatible with development in adjacent and surrounding areas; and WHEREAS, the City of Miami Beach has determined that the rezoning of the property as provided herein will ensure that new redevelopment and renovation of existing structures are compatible and in scale and uses with the built environment; and WHEREAS, advances and changes in the way medical services are provided have led to closures of many hospitals, including in Miami Beach which has seen the closure of three hospital facilities which have or are in process of converting to other uses; and WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT The following amendment to the City of Miami Beach 2025 Comprehensive Plan, Future Land Use Map designation for the property described herein is hereby approved and adopted and the Planning Director is hereby directed to make the appropriate change to the City of Miami Beach 2025 Comprehensive Plan, Future Land Use Map: A parcel of land generally located at 550 9th Street (Miami-Dade County Folio 02-4203-009-0100), of approximately 20,870 square feet (0.479 acres), as depicted in Exhibit "A," from the current PF-HD, "Public Facility Hospital — PF" designation to the proposed designation of CD-2, "Commercial, Medium Intensity". SECTION 2. REPEALER All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN It is the intention of the City Commission that the Comprehensive Plan's Future Land Use Map be amended in accordance with the provisions of this Ordinance. SECTION 5. TRANSMITTAL • The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and county agencies as required by applicable law. SECTION 6. EFFECTIVE DATE This ordinance shall take effect 10 days after adoption. PASSED AND ADOPTED this 13 day of F 6rtrc�°l , 2019. ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk h • `�. APPROVED AS TO First Reading: January 16, 2019 1,4i = ORM & LANGUAGE •Second Reading: F-bruary 13, 0 9 `‘ .II!CORP ORATED. FOR EXECUTION f ` = i�J� 0,e( Verified by: , City Attorney Date Thomas R. Moon,AICP I Planning Director • (Sponsored by Vice-Mayor Michael Gongora) T:\AGENDA\2019\01 January\Planning\550 9th Street HD to CD2-Comp Plan Amendment-First Reading ORD.docx Ordinances -R5 A MIAMI BECH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 13, 2019 10:00 a.m. Second Reading Public Hearing SUBJECT: 550 9TH STREET - PUBLIC FACILITY HOSPITAL (PF (HD)) COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY OF MIAMI BEACH 2025 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY PURSUANT TO SECTION 118-166 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, SECTION 163.3181, FLORIDA STATUTES, AND SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED AT 550 9TH STREET, AND WHICH IS COMPRISED OF LESS THAN 10 ACRES, FROM THE CURRENT DESIGNATION OF PF-HD, "PUBLIC FACILITY- HOSPITAL," TO THE FUTURE LAND USE CATEGORY OF CD-2, "COMMERCIAL MEDIUM INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. ANALYSIS HISTORY/ BACKGROUND On October 17, 2018, at the request of the Commissioner Michael Gongora, the City Commission referred the proposed ordinance to the Land Use and Development Committee and Planning Board (Item C4 C). On November 28, 2018, the Land Use and Development Committee recommended that the proposed ordinances be approved. ZONING /SITE DATA Site Area: 20,873 SF /0.479 acres Existing Zoning Designation: HD, Hospital District Proposed Zoning Designation: CD-2 Commercial, Medium Intensity District Page 418 of 911 Existing FLUM Category: Pubic Facilities: Hospital District(PF-HD) Proposed FLUM Category: Medium Intensity Commercial Category(CD-2) Existing Land Uses: North: Commercial building and surface parking lot East: Commercial building South:Apartment building West:Apartment buildings PLANNING ANALYSIS Currently, the property located at 550 9th Street has a Zoning Classification of HD (Hospital District). See attached map. The proposal is to change the designation to CD-2. The properties immediately to the north have an RO and GU designation, the properties to the east and south have a CD-2 designation, and the properties to the west have an RM-1 designation. The proposed CD-2 designation is consistent with the abutting properties with which it shares a lot line. Section 142-456 of the land development regulations provides procedures for the rezoning of HD district. It requires that the "rezoning shall be to a district or combination of districts with a floor area ratio no greater than the abutting land (sharing lot line)." The subject parcel shares a lot line with the CD-2 district. Since the proposed district is the same as the abutting land, the CD-2 designation is appropriate for this site. Comprehensive Plan Process The total land area involved in this application is 0.48 acres (20,870 SF). Under Section 163.3187 F.S., land use map amendments of less than 10 acres in size may be considered "small-scale" amendments, which require only one public hearing before the City Commission, which shall be an adoption hearing. Upon adoption, the local government shall send a copy of the adopted small scale amendment to the State Land Planning Agency so that the Agency can maintain a complete and up-to-date copy of the City's Comprehensive Plan. Interlocal Agreement for Public School Facility Planning The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency. Currently there is a proposal to change the use of the site to a hotel. If there were a modification that established residential units, final site plan approval is contingent upon meeting Public School Concurrency requirements and the applicant will be required to obtain a valid School Concurrency Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools. Such Certificate will state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigation plan shall be incorporated into a tri-party development agreement and duly executed prior to the issuance of a Building Permit. Summary The proposed amendment to the Future Land Use Map of the City's Comprehensive Plan and the change to the Zoning Map require that these amendments be processed together, as they are interrelated to one another; however, separate motions must be made for each application. The zoning change proposed by these applications would enable the continued adaptive reuse Page 419 of 911 of the existing buildings. PLANNING BOARD REVIEW On December 18, 2018, the Planning Board held a public hearing regarding the proposed Comprehensive Plan Amendment and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0). UPDATE The subject Ordinance was approved at First Reading on January 16, 2019, with no changes. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Legislative Tracking Planning Sponsor Vice-Mayor Michael Gongora ATTACHMENTS: Description ❑ Maps o Form Approved Ordinance- COMP PLAN Page 420 of 911 EXISTING ZONING / SITE MAP - '•� ,. Wiwi amps _=1" • ' • per "sr . %! fA • IEminimilli • - . 4' _ I r t ++1/�/� i WI Ili .. 1 . . • - _, 1 e 'b 0. 41 -- �.... r;. .. � ti. ,II ii• • j' ERCIAL iiiiiirt, .4. ,PARKI'N L' T •�" .- Al. :WILDING r /.i -� `jl • _' Almmicfik - I.',• % t' r - t -APARTMENT F 550 i K 7 ' i UI BLD'INGG' p 9TH ST:• ',' 14 i' r >F eR rcM°� MMERCIAL ; - BUILDING/ - . 41 APARiT ENT.'-. 1�+ l.:" 3t --4--iiiiili 7 BUILDING' %. t�' ' j,y ,,s ? _ , r f . . ilt r? • aft ' '.- — � -.,-,!,.pliii._ 1,.. y . .., .P ' ••• r Ili; **1."1"4:' - it% '• P tili, -` 2;n:a APARTMENT' '`__ ' ` ' r h071. II I1L Jl Page 421 of 911 Existing Future Land Use a z J W 2 2 Q - --- W - Ia IE Ij O f. z b 2'a CO i MO 9TH ST 17 • PF(HD). IF a RM-1I. ,%/. F V __ o _ _ c3 MCD 8TH ST U a zI a 1 > J k } If a y _x Ili Z N 0 87.5 175 350 Feet " 'fir F r I I I I I i I I I S Page 422 of 911 Proposed Future Land Use ____. __-. >.> Z Z W - a • MI .. O F. C9 LI P 3 9TH s7 _ !rr/ I '// .ir f CD=2/ - :.,/, /. rit 0 RM-1 rf 0 � - 0 0 -MXD: 8TH ST V g jy N Z a z i 1 N 0 87.5 175 350 Feet P I 1 L I I I I I I s Page 423 of 911 Current Zoning z a J w cna RO (' z Il ____ z -- w a CD-2 o ow rh 1 'RO — co 3 9TH ST 11i// j,'�j I iv/ � I 1 5/././..":4, , ,I I - U I - r 0 i 1 I V 8TH ST , V RM-1 a 1 I i J !. w f aMXE 0. ii z Zi lu i I >,`L:5ii; iii ; j : J s Page 424 of 911 Proposed Zoning H �a iiR0 z a CD-2 s- i ' O iI 2 ce RO -3 m GU 9TH ST �i - j i 1 . . /fti/3/ V 11id , 2 o I- 8TH ST 0 i . RM-1 a z J i MXE ---- - i w a z g ., - i < � - 1 0 87.5 175 350 Feet . . 1 ` 1 1 1 I I I I I I Page 425 of 911