2013-3789 Ordinancef
MIAMI HEART INSTITUTE — FLUM CHANGE
ORDINANCE NO. 2013-3789
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
"MIAMI HEART INSTITUTE," 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 RM-1, "RESIDENTIAL
MULTIFAMILY LOW INTENSITY;" PROVIDING FOR INCLUSION IN
THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the applicant, 4701 North Meridian, 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 "Miami Heart Institute," located at 4701 North Meridian Avenue,
from the current PF-HD, Public Facility Hospital, to the Future Land Use category RM-1,
Residential Multifamily Low Intensity; and
WHEREAS, amending the Future Land Use category of the subject Miami Heart
Institute 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 Miami Heart Institute 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 "Miami Heart Institute,"
approximately 188,796 square feet (4.33 acres), deemed to be a small-
scale amendment, from the current PF-HD, "Public Facility Hospital," to
the Future Land Use category of RM-1, "Residential Multifamily Low
Intensity."
,a
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(2), Florida Statutes.
PASSED and ADOPTED this /6fA day of Jon oqr� , 2013.
`q MAYOR
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y At orney Date
First Reading: Janua 16, 2013
Second Readi A
Verified by. t OLAc*
Richard Lorber
Planning Director
TAAGENDA\2012\12-12-12\Miami Heart HD FLUM-ORD.docx
- 2 -
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment regarding an amendment to the Official
Zoning District Map of the Code of the City of Miami Beach and the Future Land Use Map (FLUM) of
the City of Miami Beach, for the Miami Heart Institute property.
Key Intended Outcome Supported:
Neighborhood satisfaction and maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc More than half of all residential respondents,
55%, suggested the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING
The proposed ordinances would amend the FLUM and Zoning Maps of the City of Miami Beach by
changing the current main permitted use of `Hospital' on the Miami Heart Institute property at 4701
North Meridian Avenue to 'Residential'. These amendments are being proposed in order to
accommodate a new, residential development for the subject site.
The City Commission approved the Zoning Map Amendment Ordinance at First Reading on October
24, 2012 and set a Second Reading Public Hearing for December 12, 2012. This public hearing was
opened and continued to January 16, 2013.
The Administration recommends that the City Commission adopt the Zoning Map Amendment
Ordinance and the FLUM Amendment Ordinance.
Advisory Board Recommendation:
nn July 24, 2012, the Planning Board recommended that the City Commission approve the
proposed ordinances by a vote of 5-0 1 member absent, 1 position vacant).
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. The proposed Ordinance should not result in a significant fiscal impact
upon the City, but may slightly increase the property's value, as the defunct hospital building is
renovated and converted into habitable apartment units.
Specifically, municipal related services such as waste collection, on-street parking enforcement, and
infrastructure maintenance are expected to be significantly less for a 122 unit apartment structure,
rather than a large, full service hospital and medical campus. Additionally, any increase in City
services that may result from the change in zoning and conversion to a residential use would be
more than offset by the expected increase in revenue from the expanded ad valorem tax
assessments.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign-Offs:
Department Director ssistant y Manager City ager
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TAAGEND 013\January 16\Miami D SU D.docx
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AGENDA ITEM S� _ -
►TE �
MIAMI BEACH
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 City Co ission
FROM: Kathie G. Brooks, Interim City Manager
DATE: January 16, 2013
SECOND READING PUBLIC HEARING
SUBJECT: Miami Heart Institute, 4701 North Meridian Avenue
FLUM Amendment &Zoning Map Change
FLUM Amendment (Planning Board File No. 2059).
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
"MIAMI HEART INSTITUTE," 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 RM-1, RESIDENTIAL MULTIFAMILY LOW
INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE
PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
Zoning Map Change (Planning Board File No. 2060).
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 PARCEL KNOWN AS THE "MIAMI HEART
INSTITUTE," 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 RM-1 RESIDENTIAL MULTI-
FAMILY LOW INTENSITY," PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Zoning Map Amendment Ordinance and the FLUM Amendment Ordinance.
BACKGROUND
The applicant, 4701 North Meridian, LLC, submitted a request to amend the Future Land
Use Map of the Comprehensive Plan and the Official Zoning District Map of the City of
Commission Memorandum
Miami Heart Institute—FLUM and Zoning Map Change
January 16, 2013 Page 2 of 6
Miami Beach, for the Parcel commonly known as the "Miami Heart Institute," which is
comprised of less than 10 acres and more particularly described in the following Legal
Description:
Lots 8 through 16 of"Nautilus Addition of Miami Beach Bay Shore Co." according
to the Plat thereof, as recorded in Plat Book 8 at Page 130, of the Public Records
of Miami-Dade County, Florida.
Specifically, the applicant is seeking to change the Future Land Use Category for the
subject parcel from the current PF-HD, "Public Facilities — Hospital District," to "RM-1,
Residential Multifamily Low Density". The applicant 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 for the subject parcel from the current HD, "Hospital
District," to "RM-1, Residential Multifamily Low Density".
The applicant is also proposing to retain the existing nonconforming height, setbacks,
floor area ratio and off-street parking by converting the existing structures on the subject
parcel to a multifamily building with associated amenities and parking.
Although these two separate Ordinances can be heard together at a public hearing, it is
necessary to have separate motions for each request.
The subject site is the former Miami Heart Institute, which was a functioning hospital
since 1967. Mount Sinai purchased Miami Heart Institute in 2000; however its
operations and its emergency room have been closed since 2004. The remaining
services include the rehabilitation center, hospice, dialysis, and wound-care center which
will move into Mount Sinai.
The PF-HD future land use and HD zoning designations allow only Hospitals as a main
permitted use, and also allow a variety of accessory uses related to hospital use. The
use of the site for residential use with accessory recreational facilities would not be
permitted by the Comprehensive Plan and zoning regulations, and would require a
change to a land use category and zoning designation that would allow the desired
residential use as a main permitted use. The applicant has proposed to renovate and
adapt the existing structures to residential use — apartments — with accessory
recreational facilities.
ANALYSIS
Planning and Zoning
The proposed changes to the FLUM and Zoning Map are compatible with the property
adjacent to the site to the west, along Alton Road, which is RM-1 Multifamily Low
intensity with a maximum FAR of 1.25. However, to the south of the site is a single-
family district (RS-4), which is defined by smaller size lots and low scale homes. The
applicant has proposed substantial modifications to the existing structures, in order to
create a more residential appearance. These physical modifications to the existing
structure will create a better transition to the lower scale single family context to the
immediate south.
Commission Memorandum
Miami Heart Institute—FLUM and Zoning Map Change
January 16, 2013 Page 3 of 6
City Charter
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 Sections 1.03 (c) and 8.09 of the
City Charter.
Charter section 1.03(c) states, in part:
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)...
Following the mandate of Charter Section 8.09 above, Section 142-456 (a) and (c) -
Rezoning of HD district – of the Land Development Regulations of the City Code also
governs this request as follows:
(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).
(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. (see below; however since this site is not within a
designated historic district, sub-section d. does not apply).
Nonconforming buildings
(1) Nonconforming buildings which are repaired or rehabilitated by less than
50 percent of the value of the building as determined by the building.official shall
be subject to the following conditions:
a. Repaired or rehabilitated residential and/or hotel units shall meet
the minimum unit size requirements as set forth for the zoning district in which
the property is located. The number of units in the building shall not be
increased.
b. The building shall have previously been issued a certificate of use,
certificate of completion, certificate of occupancy or occupational license by the
city to reflect its current use.
C. Such repairs or rehabilitation shall meet the requirements of the
City property maintenance standards, the applicable Florida Building Code, and
the Life Safety Code.
Commission Memorandum
Miami Heart Institute—FLUM and Zoning Map Change
January 16, 2013 Page 4 of 6
d. If located within a designated historic district, or an historic site,
the repairs or rehabilitations shall comply substantially with the Secretary of
Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Structures, as amended, as well as the certificate of appropriateness criteria in
Article X of these Land Development Regulations. If the repair or rehabilitation of
a contributing structure conflicts with any of these regulations, the property owner
shall seek relief from the applicable building or life-safety code.
The HD Hospital District shares a property line with an RM-1 district, facing Alton Road,
which is currently developed as a parking lot. Therefore it complies with Section 142-456
(a), although it appears that currently the parking lot is not being used. The RM-1
regulations allow for a 1.25 FAR with residential uses permitted, in compliance with
Section 1.03 (c) of the City Charter. It should be noted, however, that the Land
Development Regulations do not include a maximum FAR for the HD district. However,
the Comprehensive Plan states that in no case shall the intensity in this land use
category exceed a floor area ratio on 3.0.
Although the intensity of the existing HD Hospital category is more than the RM-1 zoning
district (3.0 vs. 1.25 FAR) the request is consistent with both Charter provisions and the
zoning district regulations as cited above.
Site Issues
The existing Hospital District zoning carries with it a maximum allowable Floor Area
Ratio (FAR) of 3.0, which is among the most intense zoning districts within the City. The
proposed RM-1 zoning district allows only residential uses and accessory uses that are
incidental to and customarily associated with the main permitted use. In addition, the
district allows for Conditional Uses such as adult congregate living facility; day care
facility; nursing home; religious institutions; private and public institutions; schools; and
commercial or noncommercial parking lots and garages.
From a growth management standpoint, the proposed change would ensure that no
unwanted overdevelopment of the site could occur, and that the existing buildings would
be renovated and rehabilitated in an aesthetically acceptable manner.
Also, from the standpoint of traffic congestion, trip generation, and parking availability,
the change of use from Hospital and Accessory Hospital Uses to Residential would
result in a lower intensity of use. The trip generation rate and parking requirement for
hospital is among the highest of all uses, while residential uses are less intense. The
total trip generation for the site as currently designated for hospital use could be
expected to be reduced by at least one-half, which is beneficial for the long-term
sustainability of the surrounding residential area. It is also noteworthy that the RM-1
designation does not allow commercial uses on the site.
Comprehensive Plan Issues
The total land area involved in this application is 4.33 acres. Under Section 163.3187
F.S., land use map amendments of less than 10 acres in size may be considered "small-
scale" amendments. As such, only one public hearing before the City Commission is
required, which shall be an adoption hearing. Although not required, the local
government should send a copy of the adopted small scale amendment to the State
Commission Memorandum
Miami Heart Institute—FLUM and Zoning Map Change
January 16, 2013 Page 5 of 6
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. Because the submitted plans are only
conceptual in nature and only show the portions of the existing structures that would be
demolished, as well as those that would be retained for residential use and accessory
use parking, the number of apartment units has not as yet been determined. The RM-1
future land use category allows a density of 60 units per acre. Taking this to the end
result of 60 x 4.33 acres, the maximum number of units that could be developed within
the existing structures is 260 units. Staff forwarded this information to the Miami-Dade
County School Board, and the applicant made application for a preliminary school
concurrency determination. Staff received notification from the School Board with the
following preliminary determination:
As noted in the Preliminary Concurrency Analysis (Schools Planning Level
Review), the proposed project would yield a maximum residential density of 260
multifamily units, which generates 23 students, 11 elementary, 5 middle and 7
senior high students. At this time, only the elementary and middle schools have
sufficient capacity available to serve the application; while at the senior high
school level, the review reveals a shortfall of 7 seats. However, a final
determination of Public School Concurrency and capacity reservation will only be
made at the time of approval of final plat, site plan or functional equivalent. As
such, this analysis does not constitute a Public School Concurrency approval.
PLANNING BOARD REVIEW
On July 24, 2012, the Planning Board (by a 5-0 vote) transmitted both Ordinances to the
City Commission with a favorable recommendation. As part of this action, the Planning
Board recommended that the City Commission not act upon the Ordinances until the
required covenants have been executed, recorded and placed in escrow with the City
Attorney's office. Such covenant pertaining to site has been agreed to by all parties and
fully executed.
FISCAL IMPACT
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. The proposed Ordinance
should not result in a significant fiscal impact upon the City, but should significantly
increase the property's value, as the defunct hospital building is renovated and
converted into habitable apartment units.
Specifically, municipal related services such as waste collection, on-street parking
enforcement, and infrastructure maintenance are expected to be significantly less for a
122 unit apartment structure, rather than a large, full service hospital and medical
Commission Memorandum
Miami Heart Institute—FLUM and Zoning Map Change
January 16, 2013 Page 6 of 6
campus. Additionally, any increase in City services that may result from the change in
zoning and conversion to a residential use would be more than offset by the expected
increase in revenue from the expanded ad valorem tax assessments.
SUMMARY
The proposed amendment to the Future Land Use Map of the City's Comprehensive
Map and the change to the Zoning Map are expected to promote a positive change to
the Miami Heart Institute site, which has been almost vacant for some time. The new
residential development with its recreational amenities would add value to the site as
well as a visual and aesthetic improvement to the neighborhood.
As part of the review process for the proposed amendments, extensive public outreach
has been conducted, and the applicant for the proposed new residential project has had
numerous meetings with affected property owners, neighbors and home owners
associations. As part of this outreach effort, the applicant has agreed to seek review and
approval from the Design Review Board (DRB) for the conversion of the hospital to
residential, prior to the final adoption of the proposed amendments. Additionally, the
covenant pertaining to site has been agreed to by all parties and is expected to be fully
executed prior to the January 16, 2013 City Commission meeting.
The proposed amendments must be processed together, as they are interrelated to one
another; however, separate motions must be made for each Ordinance. The Zoning
Map Amendment requires two (2) separate readings. The City Commission approved
the Zoning Map Amendment at First Reading on October 24, 2012. Both the FLUM
Amendment and the Zoning Map Amendment can be adopted on January 16, 2013.
The DRB considered the applicants residential proposal, as a preliminary evaluation, on
December 4, 2012. In light of the fact that final DRB approval was not granted, the
matter was opened and continued at the December 12, 2012 City Commission meeting
to a date certain of January 16, 2013. The subject project is scheduled to go before the
DRB for final approval on January 8, 2013.
CONCLUSION
The Administration recommends that the City Commission adopt the Zoning Map
Amendment Ordinance and the FLUM Amendment Ordinance.
KGB/JGG/RGL:TRM
T:WGENDA\2013\January 16\Miami Heart HD-MEMO 2ND.docx