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.

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
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 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).