| | | | | | | |  | Ordinances - R5 J
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | December 8, 2021 | | | | 10:55 a.m. First Reading Public Hearing
| | SUBJECT: | REGULATIONS FOR LOWER IMPACT ACCESSORY MEDICAL USES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE V, ENTITLED “SPECIALIZED USE REGULATIONS,” DIVISION 2, ENTITLED “ASSISTED LIVING AND MEDICAL USES,” TO MODIFY REGULATIONS FOR CLASS I MEDICAL USES, WHERE PERMITTED AS AN ACCESSORY USE, TO PROVIDE CONSISTENCY WITH REGULATIONS FOR ACCESSORY COMMERCIAL USES IN CHAPTER 142, ARTICLE IV, DIVISION 2 OF THE LAND DEVELOPMENT REGULATIONS AND OTHER RELATED PROVISIONS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading / Public Hearing for January 2022. |
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| | | | | | | | BACKGROUND/HISTORY
| | On September 17, 2021, at the request of Commissioner Mark Samuelian, the City Commission referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board (item C4M). On October 19, 2021 the LUSC reviewed the proposed Ordinance and recommended approval. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
On January 17, 2018, the City Commission adopted Ordinance No. 2018-4170, which updated the Assisted Living Facility and Medical Use Zoning Regulations within the Land Development Regulations (LDRs). This Ordinance organized various types medical uses into eight (8) classes. Generally, the higher the class, the greater the impact of the medical use. The Ordinance also detailed specific zoning districts that each class is allowed and additional regulations that apply to each class.
Class I medical uses consist of opticians, retail clinics, adult day care centers, electrology facilities, and medical offices. For reference, a “medical office” is a small-scale office providing medical or dental treatment, including chiropractor's office, dentist's office, dietician, doctor's office, homeopathic physician's office, pathologist, physiotherapist's office, phlebotomist's office, podiatrist's office, optometrist's office, ophthalmologist's office, or psychiatrist's office, with a maximum floor area of 5,000 square feet. The regulations provide that Class I medical uses may not operate between the hours of 10:00 PM and 7:00 AM, though the hours can be modified with Conditional Use approval from the Planning Board. Additionally, the regulations prohibit any overnight stays. Given their scale, services provided, and hours of operation, Class I medical uses have the lowest impact on their surroundings. Their impact is similar to that of a typical commercial establishment.
Class I medical uses are generally allowed as a main permitted use in the City’s commercial districts. In the middle and high intensity multifamily residential districts, including RM-2, RM-PRD-2, RM-3, RPS-3, and RPS-4, Class I medical uses are allowed as an accessory use.
Section 142-1255 of the LDRs provide that where Class I medical uses are allowed as an accessory use that access be limited to hotel guests or residents of a building and their invited guests. Even though these types of uses may be desirable in high intensity residential areas in a limited form, this regulation essentially prevents Class I medical uses from locating in these areas because it greatly limits their potential to attract clients. It also has the effect of prohibiting the use as an accessory use in main use garages in these districts, if the garage does not contain residential, or hotel uses.
Given their minimal impact, importance for the health and well-being of residents, and desirability the attached Ordinance proposes to remove the limitation on clients where Class I medical uses are allowed as an accessory use. The proposed Ordinance instead treats the use as an allowable commercial use, and subject to the standard regulations for accessory uses in Chapter 142, Article IV, Division 2 of the LDRs, as well as the applicable underlying zoning district regulations. Additionally, if located in a main use parking garage, the use would be subject to the applicable regulations of section 130-68 of the LDRs.
The existing accessory use regulations provide where within a building the uses can locate, the circumstances under which they are allowed, and other restrictions. The limitations for accessory uses will ensure that Class I medical uses located in a residential district do not negatively impact surrounding residents. The proposal will therefore increase the access and convenience of low impact medical uses, while ensuring that residents’ quality of life is not impacted.
PLANNING BOARD REVIEW
On October 26, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 6-0.
APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The proposer of the Ordinance has provided documentation that substantiates a financial hardship (see attached correspondence). Additionally, the City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Expand Opportunities for Desirable Uses |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission approve the subject Ordinance at First Reading and set a Second Reading/Public Hearing for January 2022. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Mark Samuelian |
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