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HomeMy WebLinkAboutDCA Mercy Hospital DRI Letter (7.12.93)STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 (EN TER VIEW 0 LAWTON CHILES Governor RIVE • TALLAHASSEE. FLORIOA 3239q•2 t July 12, 1993 Mr. Charles B. Short Hellmuth, Obata, Kassabaum, Inc. 2502 Rocky Point Road, Suite 100 Tampa, Florida 33607 LINDALOOMISSHELLEY Scorwv Re: Binding Letter of Interpretation of Vested Rights Status File No. BLIVR-1193-001; and Binding Letter of.Developm,pt ,of Reainnal TIQact Status File No. BLID-1193-002 Mercy Hospital -- FINAL ORDER NO: DCA93-165-F0E-BL Dear Mr. Short: We have evaluated your combined application for Binding Letters dated August 20, 1992 and received September 10, 1992, with supplemental information supplied on February 3, April 1, April 23, June 23, and June 28, 1993. Based on the information contained in the application and other information obtained dur- ing the review of the development proposal, we enter the fol- lowing Findings of Fact, Concluiions of Law, and order. FINDINGS a FACT 1. The applicant is Charles B. Short; authorized represent- ative of Mercy Hospital, Inc., which retains title of the hospital buildings. The applicant proposes to expand the hospital facili- ties with the addition of floors five and six to Huntley Tower, a medical office building, parking garage and a nursing home. 2. The Mercy Hospital development is loAted in Sections 14, Township 54 South, Range 41 East, Dade County. The 40.74- acre project site is situated east of South Miami Avenue at the intersection of South Miami Avenue ,and Alatka Street (Exhibit A). The boundary of the nearest county, Broward County, is approxi- mately 25 miles north. Mr. Charles B. Short 'July 12, 1993 Page Two 3. The existing Mercy Hospital is a multi -use development which consists of 401 licensed beds presently in use, 220,069 gross square feet (gsf) of medical office space, 102,339 gsf of ancillary hospital services and administrative office space, and 925 gsf of retail/service space with a total of approximately 2,300 parking spaces, on 40.74 acres. The main components of Mercy Hospital are the main building (bldg. #3, containing the East Wing, West Wing, North Wing and South Tower), the Huntley Tower (bldg. 12), and the Carroll Tower (bldg. #1). The main hospital building was originally built to accommodate and was licensed for 569 beds. However, due to revi- sions in the plan of development for the hospital, 57 beds were delicensed. Therefore, Mercy Hospital presdntly is licensed for 512 beds. In addition, the following development is found on the 40.74 acres (Exhibit B): a. The professional office building (bldg. #4) consists of 128,345 gsf of medical office and 925 gsf of retail/service use (pharmacy) open to members of the public. b. The Radiation/Oncology center (bldg. #10) consists of 10,000 gsf of medical office space open to members of the public. c. The outpatient center (bldg. #11) consists of 75,831 gsf of medical office space open to members of the public. d. The MRI building (bldg. 113) consists of 5,893 gsf of :pedical office space open to members of the public. e. The four story addition to the West Wing (bldg. #14) with 24 relocated beds. The existing buildings 5, 6, 7, 8, 9, 12, and 15 on Exhibit B are approximately 102,339 gsf of hospital services and adminis- trative office space that function primarily to serve patients - admitted to the hospital. Therefore, the Department will consi- der these facilities as ancillary to the hospital development. The existing professional office building (bldg. #4), the existing outpatient center (bldg. #11), the existing MRI building (bldg. #13), and the Radiation/Oncology center* (bldg. #10) are designed primarily to provide outpatient services to the general public. Therefore, the Department will recognize these facili- ties as separate medical office development. In addition, the 925 gsf of retail/service space located in the existing profes- sional office building (bldg. #4) is designed primarily to serve the general public and, therefore, will not be considered as 12 Mr. Charles B. Short July 12, 1993 Page Three ancillary to the inpatient hospital services. 4. The applicant is now proposing to add an additional 100,000 gsf medical office building (bldg. #20) to serve the general public, a 120-bed nursing home (bldg. # 19), a fifth and sixth floor addition to Huntley Tower which will contain 32 re- located licensed beds (bldg. #18), a corridor and elevator with approximately 15,000 gsf of ancillary space to connect the Carroll Tower and the East Wing (bldg. #16), and a parking garage containing 500 parking spaces (bldg. #21). A proposed rehabili- tation center, described in Exhibit B as building #17, was can- celed prior to this binding letter application. Thus, after the expansion, Mercy Hospital will. consist of a total of 512 licensed beds, 320,069 gsf medical office, 117,339 gsf of ancillary hospi- tal services and administrative office space, a 120-bed nursing home, 925 gsf of retail/service area, and 2,800 parking spaces on 40.74 acres. 5. The applicant is seeking a vested rights determination pursuant to Subsection 380.06(20), Florida Statutes (F.S.) to establish whether the existing hospital and its related office and commercial facilities are vested. In addition, the applicant is seeking a determination as to whether any portions of the existing hospital and related facilities which are not vested along with the proposed development cited above would be required to undergo development of regional impact (DRI) review. Vested Rights 6. According to the applicant, the following existing fac- ilities were authorized for development prior to July 1, 1973: Carroll Tower (bldg. fl); Huntley Tower (bldg. 12); the main building (bldg. *3), containing the West Wing (floors 1-5), East Wing (floors 1-6), North Wing (floors 1-5) and the South Tower (floors 1-5); the 129,270 gsf professional office building (bldg. #4), which includes 128,345 gsf of medical office space and 925 gsf of retail/service space; a two-story East Wing addition (bldg. #5); and a four-story North Wing addition (bldg. #6) and a one-story North Wing addition (bldg. #7). According to the applicant, the hospital authorized for development prior to July 1, 1973 was originally approved to accommodate.and licensed for 569 hospital beds. 7. The applicant provided information for the vested.rights determination which included, in part, the following: a. Aerialphotograph of Mercy Hospital dated February, 1973 showing existing hospital. 20 M.r. Charles B. Short July 12, 1993 Page Four b. As built blueprints, dated June 21, 1947, showing the East Wing (6 floors) and West Wing (5 floors) of the main build- ing, with 184 beds. The architect was Stewart and Skinner (Job 4 237). c. As built blueprints, dated December 23, 1954, of the North Wing (5 floors) of the main building, which show 43 beds. The architect was Stewart and Skinner (Job # 57-93). d. As built blueprints, dated January 24, 1964, of the South Tower (4 floors) of the main building, which show 128,345 gsf of medical office space and 68 beds. The architect, was Stewart and Skinner (Job # 63-255). e. As built blueprints, dated September 1, 1970, of the Huntley Tower (4 floors), which show 32 beds. The architect was Madden (Job #1132). f. As built blueprints, dated September 1, 1970, of the South Tower (5th floor) of the main building, which show 42 beds. The architect was Madden (Job #1132). g. As built blueprints, dated October 8, 1970, of the Carroll Tower (8 floors), which show 200 beds. The architect was Madden (Job #237). h. As built blueprints, dated May 21, 1971, of the 129,270 gsf professional office building, which includes 128,345 gsf of medical office space and a 925 gsf retail facility. The archi- tect was Madden (Job #1132-F). i. As built blueprints, dated January 24, 1964, of the two story East Wing addition, which includes a pharmacy for inpatient use only and a waiting room totaling 6,688 gsf. j. As built blueprints, dated January 24, 1964, of the four story North Wing addition , which includes hospital administra- tive office space totaling 9,596 gsf. 8.. Section 380.06(20), F.S., provides: • Nothing in this section shall limit or modifythe rights of any person to complete any development that has been authorized by registration of a subdivision pursuant to chapter 498 by recordation pursuant to local subdivision plat law, or by a building permit or other authorization to commence development on which there has ben reliance and change of position and which registration or recordation Mr: Charles B. Short July 12, 1993 Page Five was accomplished, or which permits or authorization Was issued prior to July 1, 1973. If the developer has, by his actions in reliance on prior regulation, obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to his interests, nothing in this chapter authorizes any governmental agency to abridge those rights. 9. The applicant has not provided evidence of vested rights based upon an approval of an overall plan of development for the hospital or upon any authorization to commence development. Instead, the applicant has submitted as built blueprints of the floors, which show the rooms and beds of the existing hospital structures, as evidence that the hospital was in existence and operating prior to July 1, 1973 (see finding of fact #6). According to the applicant, the existing additions to the main hospital built after July 1, 1973, include: the surgery suite (bldg. #8), Catheter Lab/Hyperbaric Chamber (bldg. #9), Radiation/Oncology Center (bldg. #10), a corridor to connect the Carroll Building to the medical office building (bldg. #12), MRI Building (bldg. #13), an outpatient center (bldg. #11), a four- story West Wing Addition on infill space (bldg. #14 containing 24 relocated beds), and a two-story West Wing Addition on infill space (bldg. #15 containing a pharmacy and waiting room). 10. Any project which was constructed or which received authorization to commence development on which there was reliance and change of position prior to July I, 1973, is vested for pur- poses of MI review pursuant to Section 380.06, F.S. The appli- cant has provided evidence that -portions of Mercy Hospital in- cluding: Carroll Tower (bldg. #1 floors 1-8); Huntley Tower (bldg. #2 floors 1-4); the main building (bldg. #3) containing the West Wing (floors 1-5), the East Wing (floors 1-6), the North Wing (floors 1-5), and the SOuth Tower (floors 1-5) initially built to accommodate 569 beds; the 129,270 gsf professional of- fice building (bldg. 04); a two story East Wing addition (bldg. #5); and a four story North Wing addition (bldg. #6) were con- structed or under construction prior to July 1, 1973. The appli- cant did not provide any evidence to show that the one story North Wing addition ( bldg. #7) was constructed or under con- struction prior to July 1, 1973. Portions of the existing hospital development which are not vested include: a one story North Wing addition (bldg. #7), the surgery suite (bldg. #8), the Catheter Lab/Hyperbaric Chamber. (bldg. #9), the Radiation/oncology Center (bldg. 110), the outpatient center (bldg. #11), the Carroll -medical office Mr. Charles B. Short July 12, 1993 Page Six building corridor (bldg. #12), the MRI building (bldg. #13), and the two West Wing additions (bldgs. #14 and #15). Additionally, the applicant's information shows that 56 beds have or will be relocated to buildings built after July 1, 1973 [the four story West Wing addition (bldg. #14) and the proposed two story Huntley Tower addition (bldg. #18)]; thus, the number of beds remaining in the structures built prior to July 1, 1973 is reduced to 513. DRI Status 11. No documentation or claim was presented by the appli- cant that the existing one story North Wing addition (bldg. #7), the surgery suites and central supply (bldg. #8), the catheter Lab/Hyperbaric Chamber (bldg. #9), the 10,000 gsf of medical office space (Radiation/Oncology building bldg. #10), 75,831 gsf of medical office space (outpatient facility bldg. #11), the bridge from the Carroll building to the professional office building (bldg. # 12), the 5,893 gsf of medical office space (MRI building bldg. 413), the four story West Wing addition with 24 relocated beds (bldg. 414), and the two story West Wing addition (bldg. #15) were authorized or built prior to July 1, 1973. The following facilities have not received authorization to commence development: the elevator/bridge between the East Wing and Carroll Tower (bldg. 416), the addition of the fifth and sixth floor to Huntley Tower with 32 relocated beds (bldg. #18), the 120 bed nursing home (bldg. #19), the proposed 100,000 gsf medi- cal office building (bldg. 420), and the 500 space parking garage (bldg. #21). The existing buildings # 7, 8, 9, 12, and 15; and the pro- posed building # 16 function as -administrative office space or services for patients admitted to the hospital. Therefore, the Department will consider these facilities as ancillary to the hospital development. .12. Paragraph 380.06(2)(c), F.S., provides that the Depart- ment shall apply the guidelines and standards which were in ef- fect when the developer received authorization to commence de- velopment from the local government. It is the Department's policy that if a portion of a project has received authorization to commence development prior to July 7, 1989,4but a substantial addition, expansion or revision to the project has been author- ized after July 7, 1989, then the entire project will be con- sidered, for the purposes of DRI review, as having received authorization after July 1, 1989. .Any such addition, expansion, or revision is considered substantial if it exceeds the substan- tial deviation criteria specified in Subsection 380.06(19), F.S. 22 Mr. Charles B. Short July 12, 1993 Page Seven The currently proposed 100,000 gsf medical office (bldg. #20) which has not received approval from the local government, exceeds the substantial deviation criterion specified in Section 380.06(19)(b)6., F.S. Therefore, the applicable DRI guidelines for the project are Rules 28-24.017, 28-24.020, 28-24.023, and 28-24.032, Florida Administrative Code (F.A.C.). 13. Section 380.06(2)(d), F.S., provides that development which is at or below 80 percent of all numerical thresholds shall not be required to undergo DRI review; a development that is between 80 and 100 percent of a numerical threshold shall be presumed to not require DRI review; a development at 100 percent or between 100 and 120 percent of a numerical threshold shall be presumed to require DRI review; and a development that is at or above 120 percent of any numerical threshold shall be required to undergo DRI review. Rule 28-24.017, F.A.C., provides, in part, that any proposed hospital development which has a design capacity of more than 600 beds shall be a DRI. Mercy Hospital with 56 relocated non -vested beds and 101,055 gsf of non -vested ancillary service and adminis- trative space is 9.3 percent of the hospital bed threshold. Therefore, the project is not required to undergo DRI review, based solely on the hospital bed threshold. Rule 28-24.020, F.A.C., provides, in part, that the DRI threshold for any proposed office building or park operated under common ownership, development plan, or management is 300,000 square feet of gross floor area or 30 acres. The proposed pro- ject, with a combined total of 191,724 gsf of nonvested existing and proposed medical office building on approximately 5 acres is 63.9 percent of the office square footage threshold and 16.7 percent of the office acreage threshold. Therefore, the proposed project is not required to undergo DRI review, based solely on the office development threshold. Rule 28-24.023, F.A.C., also provides, in part, that any proposed residential development in a county with a population in excess of 500,000 is 3,000 dwelling units. The population of Dade County is 1,982,901 . Therefore the DRI threshold for Dade County is 3,000. The Department has determine 0 that a nursing home shall be considered residential development. The proposed 120 bed nursing home is 4.0 percent of the residential threshold, therefore, the project is not required to undergo DRI review, based solely on the residential threshold. Rule 28-24.032, F.A.C„ Multi -use development, provides, in part, that the DRI threshold for any proposed development with 23 24 Mr. Charles B. Short July 12, 1993 Page Eight two or more land uses is reached when the sum of the percentages of the appropriate thresholds identified in Chapter 28-24, F.A.C., and Section 380.0651, F.S., for each land use in the development is equal to or exceeds 145 percent. For each land use, the Department will analyze the highest percentage of the appropriate numerical thresholds for that use. The sum of the percentages of the appropriate thresholds for each of the above named land uses in the proposed development equals 77.2 percent, which is 53.2 percent of the multi -use threshold. Therefore, the proposed development is not required to undergo DRI review based solely on the.multi-use threshold. 14. All commitments made by the applicant, all materials submitted by the applicant in the application, and all other relevant written materials are incorporated herein by reference and made a part hereof. 15. On September 25, 1992, notice of this request for a Binding Letter of Interpretation was published in the Florida Administrative Weekly. In addition the South Florida Regional Planning Council and the City of Miami were notified. CONCLUSIONS OF LAW 1. The Department concludes that the following development is vested from compliance with Chapter 380, F.S., pursuant to Section 380.06(20), F.S.: Carroll Tower (bldg. #1), Huntley Tower (bldg. #2), and the main building (bldg. #3) containing the West Wing (floors 1-5), East Wing (floors 1-6), North Wing (floors 1- 5) and the South Tower (floors 1-5) which can accommodate 513 beds; the 129,270 gsf professional office building (bldg. #4), which includes 128,345 gsf of medical office space and 925 gsf of retail/service space; a two-story East Wing addition (bldg. #5); and a four-story North Wing addition (bldg. #6). However, the Department concludes that the following devel- opment is not vested: a one-story North Wing addition (bldg. #7), the surgery suite (bldg. 18), the Catheter Lab/Hyperbaric Chamber (bldg. #9), the 10,000 gsf of medical office space (Radiation/On- cology Center bldg. #10), the 75,831 gsf of medical office space (outpatient center bldg. #11), the Carroll -medical office build- ing corridor (bldg. #12), the 5,893 gsf of medical office space (MRI' building bldg. #13), the four story West Wing addition con- taining 24 relocated beds,(bldg. #14) and the two story West Wing addition (bldg. 15), the proposed 100,000 gsf medical office building (bldg. #20), the addition of the fifth and sixth floor to Huntley Tower with 32 relocated beds (bldg. #18), the 120 bed Mr. Charles B. Short July 12, 1993 Page Nine nursing home (bldg. #19), the elevator/bridge between the East Wing and Carroll Tower (bldg. #16), and the 500 space parking garage (bldg. #21). 2. Based on Finding of Fact No. 13, the nonvested develop- ment in Mercy Hospital is less than 80 percent of all applicable DRI thresholds. Therefore, pursuant to Paragraph 380.06(2)(d), Florida Statutes, the Department concludes that the nonvested development is not required to undergo DRI review. ORDER The existing and proposed Mercy Hospital development, as described above, shall not be required to comply with the review requirements of Section 380.06, F.S. 2. Any proposed changes to the vested portion of the pro- ject may require further review pursuant to Sections 380.06(4)(e) and (f), Florida Statutes. 3. The nonvested development as described in Conclusion of Law No. 1 shall be considered cumulatively with any future addi- tional development in terms of the guidelines and standards con- tained in Chapter 28-24, Florida Administrative Code, and Section 380.0651, Florida Statutes, and its associated regional impacts. Should any of the above representations made by the applicant be substantially changed, including those regarding the abandonment of building I 17, further review of the project may be required. 4. The determination in this binding letter specifically regarding the development of regional impact status of the non - vested development shall expire and become void on July 12, 1996, unless the plan of development has been substantially commenced by that date. This date may be extended by mutual agreement of the Department, the local government of jurisdiction, and the de- veloper. This binding letter of interpretation has been issued pur- suant to the procedural requirements of Subsection 120.57(2), F.S., and constitutes final agency action appealable within 30 days to a District Court of Appeal pursuant to4Bection 120.68, Florida Statutes. If you wish to present oral or written evi- dence, or written statement in opposition to this agency action, you must file with the Department a written request for an oppor- tunity to do so within 30 days from this date. Such a request for a reconsideration shall be made in accordance with Rule 9J- 2.016, Florida Administrative Code, and will be responded to by the Department pursuant to Paragraph 120.57(2)(a), F.S. 25 Mr. Charles B. Short July 12, 1993 Page Ten This determination does not obviate the need to comply with other applicable state or local permitting procedures. Any questions regarding this determination may be directed to Jim Snyder in the Bureau of State Planning at (904) 488-4925. Sincerely, J.4homas Beck, Chief Bureau of State Planning JTB/jts Attachments cc: Mr. Rob Curtis (SFRPC) Mr. Sergio Rodriguez (City of Miami) FILING AND ACKNOWLEDGEMENT FILED, on '..3 :lace, r:'.111 s...:e (4n.r.,n1ted Departmer;e. C'E?., Ze: -:.4.;', oi wi-iich is ; aci-.;.oii,11., 71 • ' / . PC)-C T.A ' 411- 7/?/9 . Bass Date tment Clerk 26 LOCATION \1.-1P 27 MERCY HOSPITAL V.,61 SCUfil MIALII AVE 0111()A 33133 ANL/ St C SION ;-1-',4.41 La SALLE HIGH 29 5 Ac 1 tort/III G1114ACt —); 01 I4 r) IC; SCHOOL SC•l(,1-.161.! .....-- r1=11111r1!1".1 0111111111111111111111111 OUTPARCEL' WAY Cullum iimm) • Ft /11111111111.1111111(1 01211.441W •CAvICCS— • f I •LXIII BIT 11 MEET( HOFF3171:11 !. '3 (Adapted by DCA from applicant's exhibit) simmill 111111i1111 fill1111110 T11111111111 IIiIiiluIIl ',1W051,11 V) 1-1::1!..iT11•;(; (.0: 3 4 7 18 41'. (._titi 16 111 vosi4 1 11 4 yr. 11111\111 5 11 '1 111.!fr.! 19 1:U I.11) r.. ris. 20 mu 1) L111...1 II PAHA (;AIZAt,l CGS _ _