2011-3739 Ordinance ORDINANCE NO. 2011 -3739
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE
FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN AS THE
"SOUTH SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN
THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO,
FROM THE CURRENT 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 applicant, South Beach Heights I, LLC, has made an application
to the City of Miami Beach to change the Future Land Use Map category for the parcel
referred to herein as "South Shore Hospital," located at 630 Alton Road (sometimes
referred to as 600 Alton Road), from the current PF -HD, Public Facility Hospital, to the
Future Land Use category CD -2, Commercial, Medium Intensity; and
WHEREAS, amending the Future Land Use category of the subject South Shore
Hospital parcel as provided herein is necessary to ensure the development of that
property 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 Future
Land Use category of the subject South Shore Hospital 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 full legal description of the Affected Property is contained in
Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will
be codified in the amendments below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the City's Future Land Use Map designations
for the property described herein is hereby approved and adopted and the staff is hereby
directed to make the appropriate changes to the Future Land Use Map of the City:
A parcel of land commonly known as the "South Shore Hospital,"
approximately 105,198 square feet (2.415 acres), deemed to be a small -
scale amendment, from the current PF -HD, "Public Facility Hospital," to
the Future Land Use category 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, and it is hereby ordained that the amendment
provided for in Section I is made part of the Future Land Use Map of the City of Miami
Beach Comprehensive Plan, as amended; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
SECTION 5. TRANSMITTAL.
The Planning Director is hereby directed to submit this ordinance to the appropriate
state, regional and county agencies as may be required by applicable law.
SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 31 days after
adoption pursuant to Section 163.3187(5)(c), Florida Statutes.
PASSED and ADOPTED this 14th day of September , 2011.
A-A • .440/
MAYOR
ATTEST:
— 4) (AA-a 'Pax
CITY CLERK % :INCORP ORATED'
4.... = APPROVED AS TO
n4 "" "*N' & FOR EXECUTION
" "Firer orney a
First Reading:
i
Second Reading:
Verified by: 1 /
Planning D irector
T:\AGENDA\2011 \9 -14 -11 \HD FLUM ord- 08162011.doc
-2-
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinances of the Mayor and City Commission of the City of Miami Beach, Florida, amending the Future
Land Use Map of the Comprehensive Plan by changing the Future Land Use Category for the Parcel
known as the "South Shore Hospital," from the current PF -HD, "Public Facility Hospital," to the Future Land
Use Category of CD -2, "Commercial, Medium Intensity;" and to change the Zoning Map from HD "Hospital
District," to CD -2 "Commercial, Medium Intensity."
Key Intended Outcome Supported:
Regulatory and Neighborhood satisfaction
Supporting Data (Surveys, Environmental Scan, etc Regulatory — required by Florida Statutes
Issue:
Should the City Commission adopt the ordinances amending the Future Land Use Map of the City's
Comprehensive Plan for the South Shore Hospital from PF -RHO to CD -2; and the Zoning Map from HD to
CD-2.
Item Summary /Recommendation:
•
SECOND READING PUBLIC HEARINGS
The applicant, South Beach Heights I, LLC, wants to amend the Future Land Use and Zoning Maps for the
South Shore Hospital so that commercial, retail, offices and residential uses may be permitted on the
property. The subject site was a functioning hospital since 1967, but in the past several years, the viability
has declined, and it is no longer accredited by the State. The 10 -story office tower adjacent to the hospital
building functioned as medical facilities and offices, but was heavily damaged by a hurricane several years
ago and remains in need of physical repair. Several attempts have been made to revive the hospital use,
and also to place a nursing home facility in the office tower, but to date, none of these proposals have
progressed further. The applicant is proposing to change the Future Land Use Category of the "South
Shore Hospital," site from the current PF -HD, "Public Facilities Hospital," to the Future Land Use Category
CD -2, "Commercial, Medium Intensity," and the Zoning Map from HD to CD -2 which permits a mix of uses
including residential, with a maximum Floor Area Ratio of 2.0.
The Administration recommends that the City Commission adopt the proposed for each of the above and
direct the Administration to transmit all applicable documents to the Department of Community Affairs
(DCA) and other required reviewing agencies. However, at this time the City Commission would have the
option to continue the request to change the Future Land Use and Zoning Maps and require that a concept
plan be provided for the redevelopment of the site, as has usually been requested in the past for this type
of application.
Advisory Board Recommendation:
At the June 22, 2010 meeting, the Planning Board recommended that the City Commission approve both
proposed changes - to the Future Land Use and the Zoning Maps by a vote of 6 -0 (one member absent).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of
Miami Beach shall consider the long -term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long -term economic impact (at least
5 years) of this proposed legislative action, and it appears that there may not be any potential measurable
impact on the City's budget as a result of the approval of the proposed ordinance. In fact, when the site
is redeveloped, revenues to the City may increase.
City Clerk's Office Legislative Tracking:
Richard Lorber or Mercy Lamazares
Sign -Offs:
Department Director A- istant Ci .1 anager City Manager
iilA
T:\AGENDA\2011\9-14-11\1887- South Shore h
o r
dal /UM : Zoning sum 9 - 111.doc 1/4"
MIA MIBEACH AGENDA ITEM RsE
DATE 9-I q -1l
0- MIAMI
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cit Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 14, 2011
Second Reading Public Hearing
SUBJECT: South Shore Hospital — change of the Future Land Use Map and Zoning
Map
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE
CATEGORY FOR THE PARCEL KNOWN AS THE "SOUTH SHORE
HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL
DESCRIPTION BELOW, FROM THE CURRENT PF -RHO, "PUBLIC
FACILITY (RELIGIOUS, HOSPITAL, OTHER)," 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.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING
DISTRICT MAP, REFERENCED IN SECTION 142 -72 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE FOR THE PARCEL KNOWN AS THE "SOUTH
SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL
DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE
CURRENT ZONING CLASSIFICATION HD, "HOSPITAL DISTRICT," TO THE
PROPOSED ZONING CLASSIFICATION CD -2, "COMMMERCIAL, MEDIUM
INTENSITY," PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinances for each of the above and direct the Administration to transmit all applicable
documents to the Department of Community Affairs (DCA) and other required reviewing
agencies.
BACKGROUND
At the time of submitting the application for a Future Land Use Map and Zoning Map
change for the subject site, the applicant believed that because the land area of the site
City Commission Memorandum
File 1887 and 1888 — FLUM and Zoning change for the South Shore Hospital site
September 14, 2011 Page 2
is small 2.415 acres) and a voluntary restrictive covenant to run with the land restrictin
( ) a
ry
9
to 10 units per acre the amount of residential units could be built on the site, this would
be considered a "small scale" amendment. However, the 2010 Florida Statutes defined
this type of amendment as a "standard amendment," because of the density that would
be permitted under the proposed land use category; therefore, it would have to follow the
process for this type of amendment (twice a year cycle, two public hearings, etc.).
Following the requirements of the Florida Statutes, the City Commission held a First
Reading Public Hearing last year, on September 15, 2010, and approved the transmittal
of the Comprehensive Plan amendment to the Florida Department of Community Affairs
(DCA). An Objection, Recommendation and Comment Report (ORC) was received by
the City on November 24, 2010. The objection stated that the amendment would permit
residential use, and:
"The application does not indicate whether the site is within the Coastal
High Hazard Area (CHHA). However, the Hurricane Storm Tide Atlas for
Miami Dade County dated August 2001 indicates that the site is fully
within the category 1 storm tide zone."
It goes on to state that the application does not demonstrate that the evacuation
standard for the area will be maintained or reduced. In further correspondence, DCA
informed the City that the 2010 CHHA maps for Miami -Dade County were scheduled to
be released by December 2010 and it was possible that the new, more detailed 2010
CHHA maps might provide a different delineation of the CHHA that would cause the
Objection to no longer be pertinent. A copy of the new CHHA map was provided and
indeed it showed that the area encompassed by the South Shore Site was not in the
CHHA Category 1 Storm Surge area, which would have necessitated evacuation for this
category of hurricane.
A second reading and adoption public hearing would have been scheduled at the same
time as the City's EAR -based Comprehensive Plan amendments; however, the applicant
was not ready to go forward and the second public hearing did not take place.
During the 2011 Florida Legislative session, the Laws of Florida were amended. One of
the major changes included a major revision to the Growth Management laws — The
community Planning Act — wherein "small scale" amendments are not restricted by
density, but only by land area (less than 10 acres — Section 163 -3187 (1) (a).
A second reading public is now scheduled to finalize the proposed change from a PF-
Hospital category in the Future Land Use Map to CD -2, Commercial Medium Intensity
category, as a small scale amendment for a land area of 2.415 acres, and the Zoning
Map change from HD, Hospital District to CD -2, Commercial Medium Intensity district.
The CD -2 category is primarily a commercial category that also permits other uses such
as residential uses. The allowable residential density for a property within the CD -2
district is a maximum of 100 dwelling units per acre.
ZONING / SITE DATA
Legal Description: FLEETWOOD SUB PB 28 -34 LOTS 1 THRU 4 LESS ST
& LOTS 5 THRU 7 & LOTS 27 THRU 32 BLK 2 & PROP
INT IN & TO COMMON ELEMENTS NOT DEDICATED
TO PUBLIC. LOT SIZE 101200 SQ FT
City Commission Memorandum
File 1887 and 1888 — FLUM and Zoning change for the South Shore Hospital site
September 14, 2011 Page 3
>- z
RM -3
WEST AV E
1 0 11111111
RM -2
t
■
! x � " SO OSPI AO
Il 1
/ CPS -2 _____ 7
1 ALTON RD CC -2 .,_____
I RM -1 7
1111
Site Area: 105,198 sq. ft. (2.415 acres)
Existing Zoning Designation: HD, Hospital District
Proposed Zoning Designation: CD -2 Commercial, Medium Intensity zoning district
Existing FLUM Category: PF -HD, Public Facility Hospital
Proposed FLUM Category: CD -2 Commercial, Medium Intensity
Existing FAR: 3.0 (for PF -HD category according to the City's
Comprehensive Plan)
Proposed FAR: 1.5 for commercial uses only in CD -2; mixed use,
including residential uses 2.0
Existing Land Uses: The property currently contains a 10 -story office
building, a 3 story hospital building, a parking
garage structure, and surface parking lot. The
hospital and office uses are not currently operating.
ANALYSIS
The applicant, South Beach Heights I, LLC (SBH), is requesting to amend the Future
Land Use Map (FLUM) of the Comprehensive Plan of the City of Miami Beach, Florida,
by changing the Future Land Use Category for the Parcel known as the "South Shore
Hospital," more particularly described below from the current PF -HD, "Public Facilities
Hospital" to the proposed Future Land Use Category CD -2, "Commercial, Medium
Intensity." SBH is also requesting to amend the Official Zoning District Map of the Code
of the City of Miami Beach, Florida, by changing the Zoning District Classification from
the current HD, "Hospital District," to the proposed Zoning Classification CD -2,
"Commercial, Medium Intensity."
City Commission Memorandum
File 1887 and 1888 — FLUM and Zoning change for the South Shore Hospital site
September 14, 2011 Page 4
Although these two separate requests can be heard together at a public hearing, it is
necessary to have separate motions for each request.
History of the Site
The subject site is the former South Shore Hospital, which was a functioning hospital
since 1967. However, in the past several years, the viability of the hospital declined, and
the State of Florida accreditation has been suspended. The 10 -story office tower
adjacent to the hospital building functioned as medical facilities and offices, but was
heavily damaged by a hurricane several years ago and remains in need of physical
repair. Several attempts have been made to revive the hospital use, and also to place a
nursing home facility in the office tower, but to date, none of these proposals have
progressed further.
The Applicant's Proposal
Although there is no development project for the site at this time, SBH wishes to
redevelop the site primarily for residential and commercial uses, which necessitates the
change of the site's future land use designation from PF -HD Public Facilities Hospital
and the Zoning Map district to CD -2 Commercial Medium Intensity.
I
Planning and Zoning Issues
The PF -HD Future Land Use category is consistent with that HD Hospital District zoning.
The use of the site as commercial, retail, residential or general office, without the
presence of a functioning hospital, would not be permitted by the zoning regulations,
thus it also requires a change of zoning designation, as well as the Future Land Use
Map designation, to some other land use category and zoning designation that would
allow the desired uses as permitted uses.
The PF -HD Public Facilities Hospital category does not allow residential uses. However,
while the requested new CD -2 category is primarily a commercial category, residential
uses are also permitted. In fact, the allowable residential density for property within the
CD -2 district is a maximum of 100 dwelling units per acre. The current request does not
propose a development plan for the property, but only a change of land use designation
and zoning district. It should be noted that the applicant had proffered a covenant to
restrict residential uses to a maximum of 10 units per acre in any proposed
development; however the proffer is no longer part of this application.
Site Issues
The existing PF -HD land use designation carries with it a maximum allowable Floor Area
Ratio (FAR) of 3.0, which is among the most intense land use categories within the
City's Comprehensive Plan. The proposed CD -2 land use category, consistent with the
adjacent CD -2 zoning district, allows only half this amount of floor area per square foot
of land area, with a maximum base FAR of 1.5 and 2.0 for residential or mixed use if
residential uses are incorporated in any future project.
It should be noted that from the standpoint of traffic congestion, trip generation, and
parking availability, the change of use from Hospital and accessory hospital uses to
commercial and residential actually results in a lesser intensity of use. The trip
generation rate and parking requirement for hospital is among the highest of all uses,
while office, retail and residential uses are less intense as long as a large restaurant or
an entertainment establishment is not one of the commercial uses proposed. The total
City Commission Memorandum
File 1887 and 1888 — FLUM and Zoning change for the South Shore Hospital site
September 14, 2011 Page 5
trip generation for the site could be expected to be reduced which is beneficial for the
Tong -term planning of the Alton Road/West Avenue corridor.
City Charter Issues
The request for changing the Zoning Map of the City, as well as the Future Land Use
Map of the City's Comprehensive Plan is affected by two City Charter provisions:
Sections 1.03 (c) and 8.09. Charter section 1.03(c) partially states: "The floor area ratio
of any property or street end within the City of Miami Beach shall not be increased by
zoning, transfer, or any other means from its current zone floor area ratio as it exists on
the date of adoption of this Charter Amendment (November 7, 2001), including any
limitations on floor area ratios which are in effect by virtue of development agreements
through the full term of such agreements, unless such increase in zone floor area ratio
for any such property shall first be approved by a vote of the electors of the City of Miami
Beach."
Charter Section 8.09 states: "When a hospital district is rezoned, such property shall be
rezoned to a district or combination of districts with a floor area ratio no greater than the
zoning of abutting land (sharing lot line)..."
The HD Hospital District shares property lines with two different zoning districts: RM -2,
Residential Multifamily medium intensity district is north of the site facing West Avenue.
The RM -2 regulations allow for a 2.0 FAR. The rezoning to CD -2 Commercial medium
intensity, which has a maximum FAR of 2.0 FAR when at least 25% of the floor area in
residential uses is included, would be permitted without a referendum. The base FAR for
the CD -2 zoning district is 1.5 FAR when a development only includes commercial uses.
Similarly, the HD Hospital District shares a lot line with a property in the CD -2
Commercial Medium Intensity on the north side of the South Shore Hospital site facing
Alton Road, and therefore, the request is consistent with both Charter provisions.
Comprehensive Plan Issues
The total land area involved in this application is 2.415 acres. Under Chapter 163 of the
Florida Statutes, land use map amendments that are less than 10 acres in size may be
considered "small- scale" amendments. In accordance with the Community Planning Act
of 2011, areas of less than 10 acres are considered small scale amendments; only land
area and not density are considered (Chapter 163.3187 (1) (a)).
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, which was adopted by the City of Miami Beach a
few years ago. SBH submitted an application to the Miami -Dade County Public Schools
for its review and concurrency determination when a covenant to build no more than 10
dwelling units per acre was proffered. A Preliminary Concurrency Analysis determined
that the requested land use change would generate 2 students — one elementary and
one senior high and that the elementary school serving the area has no capacity
available to service the application. A new determination for Public School Concurrency
must be issued by now that the covenant is no longer part of the application. It should
City Commission Memorandum
File 1887 and 1888 — FLUM and Zoning change for the South Shore Hospital site
September 14, 2011 Page 6
be noted, however, that a final determination of Public School Concurrency and capacity
reservation will only be made at the time of approval of a final project.
Summary
It should also be noted that future projects that are 50,000 square feet or more shall be
subject to Section 142 -303 of the City Code — Conditional Use review and approval by
the Planning Board — as well as review and approval by the Design Review Board. At
that time, more in depth traffic and noise studies will be required to determine how the
project(s) will impact the area.
These amendments must be processed together, as they are interrelated to one
another. The zoning change contemplated by these applications would enable the
adaptive reuse of the site.
PLANNING BOARD ACTION
At the June 22, 2010 meeting the Planning Board recommended that the City
Commission approve the proposed change to the Future Land Use Map of the City's
Comprehensive Plan and Zoning Map by a vote of 6 -0 (one member absent) on two
separate motions.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the Tong -term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long -term economic
impact (at least 5 years) of this proposed legislative action, and it appears that there may
not be any potential measurable impact on the City's budget as a result of the approval
of the proposed ordinance. In fact, when the site is redeveloped, revenues to the City
may increase.
CONCLUSION
The Administration recommends that the City Commission adopt on second reading
public hearing the proposed changed to the Future Land Use Map and the Zoning Map.
A concept plan accompanying the request for rezoning has been required in the past. At
this time the City Commission would have the option to continue the request to change
the Future Land Use and Zoning Maps and require that a concept plan be provided for
the redevelopment of the site.
The procedure for transmittal of a complete proposed plan amendment shall be by
affirmative vote of not less than a majority of the members of the governing body present
which shall constitute a quorum.
In the case of a small scale amendment, notification by mail each to real property owner
whose address is known by reference to the latest ad valorem tax records will be
required, as well as to the owners of record of land Tying within 375 feet of the land,
which is to be changed. Such notice shall be given at least 30 days prior to the date set
for the public hearing. This notice was mailed on August 12, 2011.
City Commission Memorandum
File 1887 and 1888 — FLUM and Zoning change for the South Shore Hospital site
September 14, 2011 Page 7
The notice shall also be published in a standard size or a tabloid size newspaper; the
required advertisements shall be no less than 2 columns wide by 10 inches long and the
headline in the advertisement shall be in a type no smaller than 18 point and shall be
placed in a newspaper of general paid circulation in the municipality and of general
interest and readership in the municipality.
The advertisement shall be in substantially the following form:
NOTICE OF (TYPE OF) CHANGE
The (name of local governmental unit) proposes to adopt the following ordinance: (title of
the ordinance). A public hearing on the ordinance will be held on (date and time) at
(meeting place).
The advertisement shall contain a geographic location map which clearly indicates the
area covered by the proposed ordinance.
JMG /JGG /RGL /ML
T:\AGENDA\2011 \9 -14 -11 \1887 - FLUM & Zoning South Shore Hospital 1st &only public hearing.docx