Ordinance 2019-4236 550 9th Street- REZONING
ORDINANCE NO. 2019-4236
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
OFFICIAL ZONING DISTRICT MAP, CONSISTENT WITH THE
REQUIREMENTS OF SECTION 142-72, OF THE CITY CODE,
RELATING TO THE PROCESS FOR REZONING HOSPITAL
DISTRICTS (HD) TO ANOTHER, COMPATIBLE ZONING
DESIGNATION; AND CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL LOCATED AT 550 9TH
STREET, FROM THE CURRENT ZONING CLASSIFICATION OF
HD, "HOSPITAL DISTRICT", TO CD-2, "COMMERCIAL, MEDIUM
INTENSITY"; AND PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
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, Section 142-456 of the City Code, Subpart B, entitled "Land
Development Regulations", entitled "Rezoning of HD district" requires that the rezoning
of an existing HD zoned property meet the following criteria:
(a) If an application is filed pursuant to section 118-162 to rezone
all or part of an HD district, 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).
(b) Properties rezoned under this section that exceed 15 acres
may be rezoned to allow for a mix of districts, uses and
intensities compatible with zoning districts of abutting properties,
and may exceed the limitation provided for in subsection (a)
above, if adequate buffers are provided to protect less intense
abutting and nearby uses, as submitted to and approved by the
planning board and city commission.
(c) Any building existing on the property may be adaptively
reused consistent with the underlying zoning regulations
retaining existing nonconforming height, setbacks, floor area
ratio and off-street parking, regardless whether the rehabilitation
exceeds 50 percent of the value determination, provided that the
repaired or rehabilitated building shall be subject to the
regulations in subsection 118-395(b)(1)a.—d.
WHEREAS, the change of zoning classification of the subject parcel is consistent
with the requirements of Section 142-456, of the Land Development Code; and
WHEREAS, changing the zoning classification 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, and will contribute to the general health
and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the zoning
classification of the subject parcel as provided herein will ensure that new development
is compatible and in scale with the built environment, and is in the best interest of the
City; and
WHEREAS, the change of zoning classification of the subject parcel will not
result in an increase in floor area permitted on the parcel; and
WHEREAS, the zoning district map of the City referenced at Section 142-72 of
the City Code, shall be amended to reflect a change of zoning classification from HD,
Hospital District, to CD-2, Commercial Medium Intensity; 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. ZONING MAP AMENDMENT The following amendment to the City Code,
Subpart B, entitled "Land Development Regulations," at the City's zoning 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 zoning
district map of the City:
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 HD, "Hospital District"
zoning classification, to the proposed zoning classification of CD-2,
"Commercial, Medium Intensity".
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and, the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this "3 day of FebvciGY , 2019.
ATTEST:
Da. Gelber, Mayor
4
Rafae E. Granado, City Clerk
'y' a�.
I / ������ APPROVED AS TO
FORM & LANGUAGE
First Reading: January 16, 20190 ? � p ?: & FO EXECUTION
Second Reading: February 1 , 201 •'' �� ,��� Cpa g
(l 'a
•I
� 'y City Attorney Date
Verified by:
Thomas R. Mooney, AFP
Planning Director
(Sponsored by Vice-Mayor Michael Gongora)
T:\AGENDA\2019\01 January\Planning\550 9th Street HD to CD2-Rezoning-First Reading ORD.docx
Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 13, 2019
10:05 a.m. Second Reading Public Hearing
SUBJECT:550 9TH STREET- REZONING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING
DISTRICT MAP, CONSISTENT WITH THE REQUIREMENTS OF SECTION
142-72, OF THE CITY CODE, RELATING TO THE PROCESS FOR
REZONING HOSPITAL DISTRICTS (HD) TO ANOTHER, COMPATIBLE
ZONING DESIGNATION; AND CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL LOCATED AT 550 9TH STREET,
FROM THE CURRENT ZONING CLASSIFICATION OF HD, "HOSPITAL
DISTRICT," TO CD-2, "COMMERCIAL, MEDIUM INTENSITY"; AND
PROVIDING FOR CODIFICATION; 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 ordinance 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
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
Page 429 of 911
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
of the existing buildings.
PLANNING BOARD REVIEW
On December 18, 2018, the Planning Board held a public hearing regarding the proposed
Rezoning and transmitted the Ordinance to the City Commission with a favorable
Page 430 of 911
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
❑ Form Approved Ordinance- REZONING
Page 431 of 911
EXISTING ZONING /SITE MAP
se• .-:
. .*4 - • ge'7._ ...:.: ' '' :( 1/07V;
M ROr:. • { �
aim ; . , Vir,m,,.
2, 14
F.. 1111E ' I ::1 ill ,; 1
PARKING Loi 1
ir/-
` `'�
111111111,; • o .� ERCIAL r / `'+'.i;
A t c'UILDING . . , `4 f` _ _.
• t t ' RO4 Ri ��, 1 : �Y J t
r 1 .I . • ��
---- la's
fAPp►RTNIENT F 550 •;1 �'" ` -•��lailk
---Bli IL-DING�-- I 9TH ST:• ' ' 4 r,
tcNt-1� HD :+ P MMERCIAL ►
1 ., ,BUILDING/ Y'9" 'j A
„y.,..
AR•T' ENT.'-. til �► ;' BUILDING' . 4- f 0 . o. A • _ lifir-t----.i..;-.;,--_--,..-.
.: 7_
r; .wirIIIITKII
ill
.11 — "Itk Ort _
g.ilitlik: ".1 I r-- i -4-7..., • .,'
at
2;:jigilliti APARTMENT l +„t' i
Bii Nig
UILDIN I 11 `- MXE
r
• itfr ' _jib___ . -,4^lire r...--
-r-ii et
Page 432 of 911
Existing
Future Land Use
Wif itz
J W
2a r
z
W
a
l'
] 1 :m
, or - 2
O
I 2W
1 h Q
G .§.) p 3a
9TH ST ir
R/PF(HD)i._,
•
RM-1 •
•__.1 1 -d
Oilrill1 .1
MXD
8TH ST V
a 1 WNW
z
J .-Immt
Y
y
Z
z
a CD-2
z
Q J k
z
Q
J W L
0 87.5 175 350 Feet "
I
I
Page 433 of 911
Proposed
Future Land Use
- - a
z
J W -
Q
z
W
H a
2
�o
,
— 1 rQ
I
9TH ST Si/Jj
j
D
C -2/
%�
p���yi�i�i
07/.
RM-1 �X/ //f//�
11111111
i
_
C.
MXD
8TH ST I-
>-
'
-
,
@Dze
-
0 87.5 175 350 Feet \\ E
111111111
Page 434 of 911
Current
Zoning
z
a
w as RO
z
z
W -
a
CD-
O
- z4
RO
106 GU 3
9TH ST 11f •
r --,.,
/ .
. ,
. .
. ._ „
,
I-
D ,,,. ..„._._
" .. . .. ,
U
'ilieN
2
, _.. .r
.,r
achi
r
1 1
8TH ST V
NIS
z
J
} MX
N
12
a 1 gaa
S
> 1
0 87.5 175 350 Feet
Page 435 of 911
Proposed
Zoning
ik
J W
� v}iar' RO
z
z
I W
CD=
Iiii. O
zw
�a
I ; RO co3
GU
9TH ST a a
I
ED-2•
! i / •
,moi/
_
I
i = /4:
__i =
1- STH ST
0 ' �
RM-1 a 1
z !
- > f
vi MXE
z
W
a
_z
1 w
fI ' ;
0 87.5 175 350 Feet +E
l i ► 1 I 1 1 1 I S
Page 436 of 911