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
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