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HomeMy WebLinkAboutR-99-0965J-99-760 (a) 12/13/99 0 0 RESOLUTION NO. 2 9— 965 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW EXCESS PARKING FOR THE EXISTING HEALTH CLINIC FOR THE PROPERTY LOCATED AT APPROXIMATELY 1600 NORTHWEST 14T1' AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND CONTINGENT UPON A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A CERTIFICATE OF USE MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of July 26, 1999, Item No. 6, adopted Resolution No. ZB 1999-0199 by a vote of seven to zero (7-0), RECOMMENDING THE GRANT of a Special Exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami., requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for Special Exception does F f im r. " �`• 4U � A � Lei: tin CITY COY0USSION VIEL' TING OF. DEC 1 r} i999 Resolution No. (19! 9 meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the Zoning Board and grant the Special Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board to grant a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, to allow excess parking for the existing health clinic for the property located at approximately 1600 Northwest 14`k' Avenue, Miami, Florida, legally described as shown as Exhibit "A" attached hereto and made a part hereof, is hereby affirmed and the Special Exception is hereby granted, pursuant to plans on file and contingent upon a time limitation of twelve (12) months in which a certificate of use must be obtained. Page 2 of 3 t0� 96-'5 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor". PASSED AND ADOPTED this 14th day of _ December , 1999. JOE CAROL'LO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of this legislation by signing it in the designated place provided, said legislatio becomes effective with the elapse of ten (10) days ors the d� Cc is ' r regarding same, without the Mayoa ATTEST: - — e , City Clerk WALTER J. FOEMAN CITY CLERK u If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 3- 9ar, OWNER'S LIST Owner's Name: Ming Address: Telephone Number: Legal Description: Lots 1 through 26, inclusive, North 33 feet of Lots 27 through 30 in Lots 37 through 49, inclusive, Block 5 of Braddock Subdivis' elusive, all according to the Plat thereof, recorded in Plat Book that3 ton No. 4, Records of Dade County, Florida; less and except Page di or n Public in Final Judgment entered in favor of Dade County, potion thereof described Book 7298, Page 671, and less and except �. Florida, in Oii'icial Record$ described in Notice of Lis cept therefrom those portions thereof Mftdm recorded in Official Records � m ��' Eminent Domain Pr recorded in Official Records Book 7023, Page 861, and Certificates Of Paymeni 7298, Page 670, and Book 7088, Page 838, and Official Records Page 839, of �eOrder of Taking recorded in Official Record Book 7�k Public Records of Dade County, Florida. ("Subject Property") Any other real estate property owned Partnership or privately) within 375 feet of the snindividb�y, jointly, or severally ject site is listed as follows: (by corporation, Street Address N e Legal Description N 7.1 15429.1 EXHIBIT-6 -1- S9 965 PZ-4 ZONING FACT SHEET Case Number; 1999-0224 26-1u1-99 Item No: 6 Location: Approx. 1600 NW 14 Avenue Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Cedars HealthCare Group, LTD 777 South Flagier Drive, #200 William P. Sklar, Esquire 777 South Flagler Drive, #200 West Palm Beach, FL 33401 West Palm Beach, FL 33401 App. Ph: (561) 655.5050 Rep. Ph: (561) 655-5050 ext Zoning: R-4 Rep. Fa _ Multifamliy High -Density Residential L� ext Request: Special Exception requiring City 11000, as amended, the Zoning Ordinance of he Citylof M atmi, in,ArticleOrdinance, Section 401, Schedule of District Regulations, Conditional Princhpal Use, to allow parking for the existing Health Clinic. excess Purpose: This will allow additional parking for the hospital. Recommendations: Planning Department: Public Works: Approval Replatting of the property is required to close & vacate alleys. Plat and Street Committee: See Public Works comments Dade County Transportation; No comments Enforcement History, if any C.E.B. Case No: 9820066 Last Hearing Date: 05/1911999 Violation(s) Cited; FailuFound: Guilty-6 mo. extension re to provide proper surface for parking area. Ticketing Action: No ticket Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: 12/04/1998 Total Fines to Date: $0.00 Lien Recorded on: CEB Action: Comply Order by: 11/19/1999 History: Analysis: Please see atfached. Zoning Board Resolution No: ZB 1999-0199 Zoning Board: Recommended Approval to City City Commission: Continued from CC of October Commission Vote: 7-p 1999. ANALYSIS FOR SPECIAL EXCEPTION 1600 NW 14" Avenue. CASE NO. 1999-0224 Pursuant to Article 6, Section 607.4.3. of Ordinance I1000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal to allow excess parking for an existing clinic has been reviewed as follows: Note: This petition is subject to replating. The following findings have been made: • It is found that the proposal is in order to have excess parking for an exiting clinic, to be developed on a vacant lot. • It is found that the excess parking will be beneficial to the area by providing a paved and striped parking area to service the clinic. • It is found that the proposed use is in scale and character with the surrounding area. • It is found that the proposed layout provides adequate parking and circulation. • It is found that the proposed landscape complies with all the requirements. Based on these findings, the Planning Department is recommending approval of the application as presented 99- 965 0 .-- Cll-'D Miami Zoning Board Repolution: ZB 1999-0199 Monday, July 26,1999 Ms Ileans Hemandez-Acosta offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, CONDITIONAL PRINCIPAL USE, TO ALLOW EXCESS PARKING FOR THE EXISTING HEALTH CLINIC FOR THE PROPERTY LOCATED AT APPROXIMATELY 1600 NW 14TH AVENUE, LEGALLY DESCRIBED AS LOTS 1 THROUGH 26, INCLUSIVE, NORTH 33 FEET OF LOTS 27 THROUGH 30, INCLUSIVE, ALL LOTS 37 THROUGH 49, INCLUSIVE, BLOCK 5 OF BRADDOCK SUBDIVISION NO.4 (3-61), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THAT PORTION THEREOF DESCRIBED IN FINAL JUDGMENT ENTERED IN FAVOR OF MIAMI-DADE COUNTY, FLORIDA (7298-671), AND LESS AND EXCEPT THEREFROM THOSE PORTIONS THEREOF DESCRIBED IN NOTICE OF LIS PENDENS IN COUNTY EMINENT DOMAIN PROCEEDING (7023-861), AND CERTIFCATES OF PAYMENT (7088-838) AND (7298- 670), AND ORDER OF TAKING (7088-839), ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. Upon being seconded by Ms. Gloria M. Basila, the motion was passed and adopted by the following vote: Mr. George Barket Yes Ms. Gloria M. Basila Yes Mr. Charles J. Flowers Yes Ms. Ileana Hemandez Acosta Yes Mr. Osvaldo Moran-Ribeaux Away Mr. Humberto J. Pellon Yes Mr. Fidel A. Perez Away Mr. Juvenal Pina Yes Mr. Ricardo D. Rua Yes AYE: 7 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 2 \ 1 W I Ms. Fernandez: Motion Carries 7-0 t, eresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1999-0224 Item Nbr: 6 29-- 965 0 ZONING BOARD ACTION FOR SPECIAL EXCEPTION ��NT�I at the request on Agenda Item #,L,_ be (DENIED) in that the requirements of Article 16 v��R ) (WERE d by relevant evidence in the record of the public hearing. (a as stated in the City's findings of fact, or (b) as demonstrated by the petitioner, or (c) on the basis of the following, The Zoning Board, in its decision to (GRANT) (DENY) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (HAVE) (HAVE NOT) been met. (CIRCLE APPROPRIATE CONDITIONS) 1305.1 Ingress and Egress. Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 1305.2 Offstreet Parking and Loading. Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3 Refuse and Service Arras. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored, and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Sighs and Lighting Due consideration shall be given to the number, size, character, location, and orientation of proposed signs, and of proposed lighting for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainaje. Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of Natural Features. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of Potentially Adverse Effects Generally. In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the City, of use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects ate found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. �ignaturer Agenda Item ,I- z(o -997 Date 21h65 r ri7fl� fi9oosaova��'!_ . SUB. ` u W. MIA MI MUNICIPAL MUNIC T R TRACT ' TR A Z TR 8 G/ I < T1FA ~ WDTOWN W. 19 l \` ST ....n..�.��..�.or 'l I vi TRACT-B'�dJ , , ui y RAPID TRANSIT w 1B Q ! N.,W. ST. t SD-lC . TRACT•@ 1 7 N.W. 16 • ,TERR •' f 't h G/ u to -pm jwN.Wsl6�2 - is:• :. � w 57 � H.W. �t � n t•i arla al . � .. •. \ Al. W. 16 » , a �h n .' . iJ,' • ` WAGNER TR ...,. •o i� ( a . 3 2 ' TRACT A' •s� C a. } n • 1 . • . Ac h, !.,lo • •pni !. '•�00 • MENTAL �' f e' u RETARDATION fir\ TRACTTRACT' ' A' CENTER 5 St 7 v f 2 ! a : t y1 .r, • ., •ix .a `, .. � RrcT•� Sr ! x'. a r' �a t" I �� , CARDIAC 1 :FiDSPiTAL SUB. " •�Qy CEDARS OF ' 1 t W v �EBANON � r i1 a a '1 HOSPI UAL COMPLEX .. i ! • • �e n •lt �a �• � � TRACT- �- ERR I _ ! ` ! N.W. 14 TERR (FAR2.4) TRACT 1 r ski. 6 3 .1 . + • ' 7 • ' ! . y t TRACT 'C' r Ii rfr: o.y nl n '• t 3 6 I i 1 TRACT 'A' u i .• •1... • .,.. to Z s• ! •+.r'• S Z a �' as ��yiLa r___�� S 7,` I o =�� at �'S . • . ' a u w RerYfnbl �. t7 r0 -' r '�: , Q :I. 4*71 cchTlo A TR4C: p Is n I • '4 / '•t TRACT X t . .n a u•..1. 0 �• f Z nRACT IOe (•.� ;: TRACT V Z ul, TRACT i, N W C.- \ � \ /q. � ` I I a 12 S T TRACT 2 \ O �•� / r Z It \\ \ 1 RSV \ RAN W.ST Al W - T v r . 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Y:� L� +I_ � fTS y�' � 1 t Alt �'T, �� t�'i� t ��. �� �1!�-�t"�r; T=.�It�—,..C•t'=;�,t' li, `.IIS,...��re^-t��'."�T_�1; ��11—'T,=� t,_. .� ..- - ._. ��; � � ._.__. ��. r :� .. 7�- :' �.. - Am= s -M� �\ MW � wow Nocow The Information Management Company 305-477-9149 9800-287-4799 • FAX 305-477-7526 «�Y*9r 7 H .r P i l� v a r s ysUY r.✓.'_'' ,.�-r't.s., �, ''�' �n"7e. s, rT CITY OF MIANG OFFICE OF BEARING HOARDS APPLICATION FOR SPECIAL EXCEPTION r#ir#t*tr#tt*tr#rtt*itttraiar444tiit*ti*t#rtit*r#itirti*itriiitt*trtttir*cirri#*##ri**###ir#rr*# SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. a**i4ts*israsira*rashrtr*iirratstr**rasa*rssstsiitiaastai*tarsrriittrrrrttirrristaiirs*rise**r* NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary promote the general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and rite neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Department Planning and Development for his recommendations and the Director shall make any further referrals required by these regulations. Cedars BealthCare Group, a I, Florida limited partnership , hereby apply to the City of Miami Zoning Board for apppproval of a Special Exception for the property located atl400 NW 12th Ave, Hiami, FL, folio No. 01-31-35-045- 001•D to allow use o Property located at 1401 NW 16tht.; t St.;1468 NW Dth St.; lgfi t Ave 135 o 2 Nos. - - p1510; 02-?p15-005-1620p; Q1-3135-005- l- 1 5-00-1680 and O1*- I35-�05-170. Nature o Pro osed IIse ease be s ec� loll: Aneilary employee parking lot to Cedars Medical Center. In support of this application, the following material is submitted. x 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. x 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing (as required) properry boundaries, existing (if any) and proposed structure(s), packing, landscaping, etc.; building elevatiprm.apd dimensions and computations of lot area and building spacing. X 6. " 7. O Affidavits disclosing ownership of property covered by applications to application) ns and disclosure of interest from (attached Certified list of owners of real estate within a 37�-foot ( ched by the application, radius of the outside boundaries of Property At least two P P nY covered photographs that show the entire ro Recorded w P �� (land and improvements). warranty deed and tax forms for the most current year available that show the property,. the present owner(s) of Other (Specify and attach cover letters explaining wh application), P B Y any document ou Application y are attaching is pertinent to this Addendum 8. Fee of S Zoning Ordinance: to apply toward the cost of processing according to Section 62-156 of the Special Exception.......... ......................... Special Exception requiring """"""••••••••••••S 800.00 9. ring automatic city commission review.... Extension of time fors """............•S2,000 00 special exception.........•. ........................ Public hearing mail notice fees, including cost of handling and mailing per notice....... ................... Surcharge equal t ................... '•••••••S 3.50 ................. dollars a cept able fee from item above, not to exceed eight hundred (5800.00) except from agencies of the city, to the applicant if there is no appeal from propproeprteyr.ty ry' such surchar a to be and seventy-five (375) feet of the subject owner with refunde n three hudred Cedars HealthCare Group, a Florida limited partnership Signature B Name William P. Sklar Address 777 South Flagler Drive Suite 200 West Palm Beach FL 33401 Telephone 561-655 -5050 -.... Date April 27, 1999 STATE OF FLORIDA 0_1 COUNTY OF Palm Bea h c Th e foregoing instrument was acknowledged before me this 27th 19w 9 by W' liam P. Sklar day of April Produced who is personally known to me or who has ,............. as identification and who did (did not) take an oath. 'no A. . ame: Christine A. Royce Notary Public -State of Florida Commission No.: My Commission Expires: ####### ........... 4###At#,4AA4#tr###drt,i#+RtAAA##AAtr,lAA#tt#,!i!#,Mtt,FA#At#,F#####A#t##A#1tf#AAAA#,!#t#t+t#tt STATE OF FLORIDA ########## COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this by . day of a 9_ . of He/She is personally known to me or has produced corporation, on behalf of the and who did (did not) take an oath. corporation. as identification Name: Notary public -State of Florida Commission No.: My Commission Expires: **###*###*#*t#ttt#t##t#**tt#t*##tttttAt#*t#t##tt#######*#*#A*t##t###t#t#**#*#tA# STATE OF FLORIDA COUNTY OF MIAMI-DARE The foregoing instrument was acknowledged before me this by 19 , day of produced a partnershi rhod�d r agent) on behalf of p He/She is persoown tome orwhohas as identification and(did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: 99- 965- )07.1159oo.1 CEDARS HEALTHCARE GROUP LTD` Petitioner, Cedars Healthcare Group, Ltd., a Florida limited application for a special exception to its existing SD-19 zoning designationgnelpf rrhereby mimes certain property located at 1400 NW 12T" Avenue, Miami, Florida 33136 and °f that described in Exhibit "A" attached hereto and made a legally County Property q Part hereof whichProperty Appraiser #!O1-3135-045-0010 to allow continued employee srce pa1.�e on that certain property located at 1401 NW 16' Street, 1440 and 1468 NW 171 S 1641 NW 15`� Avenue, Miami, Florida legally described in Exhibit "B" attached Street and made a part hereof, having Dade County parcel Identification Numbers 01-3135-005-1 3135-005.1620, 01-3135-005_1650, 01_3135-005-1680 and 01_ hereto and Such special exception is based upon Cedars Medical Center S1Q, 01 3135-0pS-1730 (the "Property"). facilities and the use of the Pro a containing substantial clinical order to allow continued employee parking at �e oPrryopertyancillary Support to such clinical facilities in facilities located at Cedars Medical Center. continued use of clinical The Property is presently zoned in an R-4 zonin employee par�g of Cedars Media Center for several g desi gnation and has been used for years. Petitioner proposes to substantially the proposed site plan, shown as an Exhibt to thisPetition. Property ch im opted coneon but not be limited to, paving, street lighting, landsca in Poly e, P vements will include, in conformance with requirements of applicable City of Miami Ordeinances. fencing and buffering seeks approval of a special exception from that certain requirement of landscaping coverage relative to R-4 zoning to allow the use of the Pro Petitioner also The use of such parking is absoluteI w the Property for employee surface parking. clinical facilities located at Cedars Medical Center and drthe discontinuancetical to the cu� operation of the not only severe hardship, but a potential disruption of services at the clinical efacilireof tie b cause of the inadequacy of employee parking and the need to relocate s because surface parking is not available. same m an area where such The current use of a shuttle service will continue to transport Cedars Medical employees from the parking area located at the Property to the Medical Center an facilities located therein. Center d the clinical Petitioner has received no objections the existing and proposed continued use of believes there will be no adverse affect on Which the Property is located and that the aesthetically and functionally inure to the immediately surrounding neighborhood. from surrounding owners or users of roe the .Properly as employee parking. P P rty to adjoiningP g Petitioner Properties in the neighborhood within proposed improvements for the Pro e benefit of adjoining roe P rty willP property owners and the -1- AFFIDAVIT° STATE OF FLORIDA } - COUNTY OF k MWMESS PALM BEACH Before me, the undersigned authority, this day personally appeared William who bein b P• Sklar 8 Y me fast duly sworn, upon oath, deposes and says: I • That hNahacis the ..,the legal representative of the owner, submitting a public hearing r�8 the accompanying application for g as required by the Zoning Ordinance of the City of Miami, Flori and listed in the City of Miami, as described on the pages Ong the real property located attached to this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full aB or the change or modifi in his/her behalf fcation of a classification or d complete permission for him/her to act accompanying petition. accom an regulation of Zoning as set out in the 3. That the pages attached hereto and made a part of this affidavit contain telephone numbers and legal descriptions for the real the current names' marling addresses, Property of which he/she is the owner or legal representative. 4• The facts as represented in the application and documents submitted in c and correct. onlunction with this affidavit are true Further Affiant sayeth not. H V / /" � //,/ STATE OF FLORIDA Applicant's Signature COUNTY OF Palm Beach The foregoing instrum 19 99 . ent was acknowledged by William p. before me this 27th Sklar day of April Cedars HealthCare -- produced r a partnership. FIe/8lra is � agent) on behalf of as idonally known to me or who has entificatioPersonally and who did (did not) take an oath. Name: Christine A. y / Notary Public -State of Flonidac Commission No.: , snnaA. R NY,is My Corrrmission Expires: . _... �'•�iassbN`�y����''% �4OGh 90,?� 9 i #CC727760 ice• • Oe N i OQ 1 o�p1U111N11N� { 09- ` vJ b l� l f .ti '�J a 0 DISCLOSURE OF OWhFERS$Ep 0 1. Legal description and street address of subject real property,: See Exhibit "A" attached Hereto 2. Owner(s) of subject real Property and Pefcen Miami requires disclosure Of � of ownership. Note: Section 2.618 of the Coda of the Cityof Presentation* request or parties having a finsttcial intere shareholders of co i�tion to the City Commission. Accordingly, q direct or indirect, in the subject matter of a rporations, beneficiaries of trusts, and/or any offer interestuestied #2 quires disclosure of and proportionate interest, parties, together with their addresses Cedars Healthcare Group, Ltd., a Florida limited partnership See attached Exhibit "B" 3. Legal description and street address of an (b) located within 375 feet of the subject Mal property. (a) owned by any party listed in answer to question #2, and None Owner or Attorney for Owner STATE OF FLORIDA COUNTY OF Palm Beach The foregoing instrument was acknowledged 19 99 , by William P. before me this 27th Cedars Sklar day of April HealthCare Gross Ltd. Produced a partnership. Hr� is POMI"awagent) on behalf of as Personally known to me or who has identification and who did (did not) take an oath, ,.erne: unristine A- Roy e Notary public -State of Florida Commission No.: My Commission Expires: A. sq— V60 a EXHIBIT "A" OWNER'S LIST Owner's Name: Mailing Address: Telephone Number: Legal Description: Lots 1 through 26, inclusive, North 33 feet of Lots 27 through 30, inclusive, all Lots 37 through 49, inclusive, Block 5 of Braddock Subdivision No. 4 according to the Plat thereof, recorded in Plat Book 3, page 61, of the Public Records of Dade County,' in Final of Florida; less and except that portion thereof described Judgment entered in favor of Dade County, Florida, in Official Records Book- 7298, Page 671, and less and except therefrom those portions thereof described in Notice of Lis Pendens in Coun recorded in Official Records Book 7023, Page 61, and Certificateis Of pa m nt recorded in Official Records Book 7088, Page 838, and Official k Records Boo 7298, Page 670, and Order of Taking recorded in Official Record Book 7 bo Page 839, all of the public Records of Dade Coun Property") ry, Florida. (Subject Any other real estate property owned individual) j, or severally Partnership or privately) within 375 feet of the subject �s to isllisted as follows: (by corporation, Street Address None 007.115429.1 Legal Description None U15a iaz,> j EKHIBIT " B" APPLICATION FOR SPECIAL EXCEPTION Owner: Cedars Healthcare Group, Inc. — Disclosure of Ownership Interests Partners owning 5 % or greater partnership interests: Support & Service Health Foundation, Inc. Columbia Hospital Corporation of Central Miami 43.30 % Columbia Hospital Corporation of Miami 20.00 % Columbia Hospital Corporation Holdings 16.40 % 16.70 % 9~ J65 ntus AFFIDAVIT OF PARTNERSHIP STATE OF TENNEssix ) )SS: COUNTY OF DAVIDSON ) BEFORE ME, the undersigned authority, personally appeared HOWARD K. PATTERSON, who being by me duly sworn on oath, deposes and says: 1. The undersigned is the Vice President of Columbia Hospital Corporation of Central Miami, a Florida Corporation. 2. That as of April 22, 1999, Columbia Hospital Corporation of Central Miami, a Florida corporation, (the "Corporation" or "General Partner") is the sole general partner of Cedars Healthcare�nG�r p� Ltd S Florida limited partnership (the "Partnership"), reL,pursuant to that certat greement o ` united Partnership of Cedars Healthcare Group, Ltd., a Florida limited partnership, dated Februzzy 16, 1993 (the "Partnership Agreement"). 3. The Partnership Agreement remains in full force and effect. 4. Attached hereto is a true and correct copy of the Resolutions in regard to that certain Application and Petition for Special Exception to be filed with the City of Miami, County of Miami -Dade, Florida ("Application "), for a Special Exception for parking use and platting of certain property owned by the Partnership more particularly described as follows: Lots 1 through 26, inclusive, North 33 feet of Lots 27 through 30, inclusive, all Lots 37 through 49, inclusive, Block 5 of Braddock Subdivision No. 4, according to the Plat thereof, recorded in Plat Book 3, page 61, of the Public Records of Dade County, Florida; less and except that portion thereof described in Final Judgment entered in favor of Dade County, Florida, in Official Records Book 7298, Page 671, and less and except therefrom those portions thereof described in Notice of Lis Pendens in County Eminent Domain Proceeding recorded in Official Records Book 7023, Page 861, and Certificates Of Payment recorded in Official Records Book 7088, Page 838, and Official Records Book 7298, Page 670, and Order of Taking recorded in Official Record Book 7088, Page 839, all of the Public Records of Dade County, Florida (the "Property"). 007.116079.1 -1- s 9 - " V N 007.116079.1 S• That all appropriate action has been taken in accordance with the Partnership Agreement, Articles of Incorporation and Bylaws of the General Partner to authorize the application for special exception for parking use and replatting of the Property. 6. That, pursuant to the Partnership Agreement the General Partner is hereby authorized to execute and deliver to the City of Miami and all agencies thereof (the "City") any and all documents requested by the City, or necessary and appropriate in order the accomplish the replatting, obtaining of a Special Exception and such other related governmental approvals as are necessary, pursuant to all applicable Ordinances and laws of the City for the Property. Howard K. Patterson SWORN TO AND SUBSCRIBED before me thi Patterson, who is the Vice President of Columbias��day of April, 1999, by Howard K. Florida corporation, on behalf of the corporation which isCorporation e oGe General PartneOf r of 1Ce a Healthcare Group, Ltd., a Florida limited partnership, on behalf of the Partnership, who is personally known to me, or who produced as identification. ift (NOTARY SEAL) Notary Public _' AT MY commission expires: art, d ob �. hens" -2- �- 965 b �nt:az` CERTIFICATE I, DAVID DENSON, the duly elected and qualified Assistant Secretary of COLUMBIA HOSPITAL CORPORATION OF CENTRAL MIAMI (the "Corporation"), do hereby certify that by unanimous written consent of the Board of Directors dated April 28, 1999, the following resolutions were unanimously adopted: WHEREAS, Cedars Healthcare Group, Ltd., a Florida limited partnership (the "Partnership") is the owner of the following described property; Lots 1 through 26, inclusive, North 33 feet of Lots 27 through 30, inclusive, all Lots 37 through 49, inclusive, Block 5 of Braddock Subdivision No. 4, according to the Plat thereof, recorded in Plat Book 3, page 61, of the Public Records of Dade County, Florida; less and except that portion thereof described in Final Judgement entered in favor of Dade County, Florida, in Official Records Book 7298, Page 671, and less and except therefrom those portions thereof described in Notice of Lis Pendens in County Eminent Domain Proceeding recorded in Official Records Book 7023, Page 861, and Certificates of Payment recorded in Official Records Book 7088, Page 838, and Official Records Book 7298, Page 670, and Order of Taking recorded in Official Record Book 7088, Page 839, all of the Public Records of Dade County, Florida (the "Property") . WHEREAS, the Corporation is the general partner of the Partnership; and WHEREAS, the Partnership desires to make application for a Special Exception ("Application") from the Zoning Ordinances and Codes of the City of Miami, and to replat the Property and such other approvals as are necessary to maintain the Property for parking and related purposes; and WHEREAS, the Application and all affidavits, petitions and other documents required to be executed and submitted in connection therewith are hereinafter referred to collectively as ("the Application"); and WHEREAS, the Board of Directors of the Corporation deems it to be in the best interests of the Corporation and as general partner of the Partnership that the Partnership replat and rezone the Property; it is therefore 99- 965 H H RESOLVED, Howard K. Patterson, as Vice President of the Corporation, or Gina C. Diaz or William P. Sklar, are hereby authorized and directed to execute such documents on behalf of the Corporation as general partner of the Partnership to accomplish the replatting of the Property in the name of the Partnership and to perform such other acts as are necessary or appropriate; and it is further RESOLVED THAT, Gina C. Diaz and William P. Sklar, are hereby authorized to take appropriate steps and actions to submit the Application on behalf of the Corporation as general partner of the Partnership. FURTHER RESOLVED, that any actions taken by any authorized officer of the Corporation, Gina C. Diaz, or William P. Sklar, prior to the date hereof which would have been authorized hereby except that such actions occurred prior to such date be, and each hereby is, ratified, confirmed, approved and adopted. I further certify that the above resolutions have not been modified, revoked or 5:1i rescinded and are in full force and effect this _� y of M au , 1999. DAVID DENSON ASSISTANT SECRETARY UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS OF COLUMBIA HOSPITAL CORPORATION OF CENTRAL MIAMI The undersigned, being the Board of Directors of COLUMBIA HOSPITAL CORPORATION OF CENTRAL MIAMI, a Florida corporation (the "Corporation"), do hereby unanimously consent to the following actions by and on behalf of the Corporation: WHEREAS, Cedars Healthcare Group, Ltd., a Florida limited partnership (the "Partnership") is the owner of the following described property: Lots 1 through 26, inclusive, North 33 feet of Lots 27 through 30, inclusive, all Lots 37 through 49, inclusive, Block 5 of Braddock Subdivision No. 4, according to the Plat thereof, recorded in Plat Book 3, page 61, of the Public Records of Dade County, Florida; less and except _ that portion thereof described in Final Judgement entered in favor of Dade County, Florida, in Official Records Book 7298, Page 671, and less and except therefrom those portions thereof described in Notice of Lis Pendens in County Eminent Domain Proceeding recorded in Official Records Book 7023, Page 861, and Certificates of Payment recorded in Official Records Book 7088, Page 838, and Official Records Book 7298, Page 670, and Order of Taking recorded in Official Record Book 7088, Page 839, all of the Public Records of Dade County, Florida. (the "Property") . WHEREAS, the Corporation is the general partner of the Partnership; and WHEREAS, the Partnership desires to make application for a Special Exception ("Application") from the Zoning Ordinances and Codes of the City of Miami, and to replat the Property and such other approvals as are necessary to maintain the Property for parking and related purposes; and WHEREAS, the Application and all affidavits, petitions and other documents required to be executed and submitted in connection therewith are hereinafter referred to collectively as ("the Application"); and WHEREAS, the Board of Directors of the Corporation deems it to be in the best interests of the Corporation and as general partner of the Partnership that the Partnership replat and rezone the Property; it is therefore *j , C. w.� a r RESOLVED, Howard K. Patterson, as Vice President of the Corporation, or Gina C. Diaz or William P. Sklar, are hereby authorized and directed to execute such documents on behalf of the Corporation as general partner of the Partnership to accomplish the replatting of the Property in the name of the Partnership and to perform such other acts as are necessary or appropriate; and it is further RESOLVED THAT, Gina C. Diaz and William P. Sklar, are hereby authorized to take appropriate steps and actions to submit the Application on behalf of the Corporation as general partner of the Partnership. FURTHER RESOLVED, that any actions taken by any authorized officer of the Corporation, Gina C. Diaz, or William P. Sklar, prior to the date hereof which would have been authorized hereby except that such actions occurred prior to such date be, and each hereby is, ratified, confirmed, approved and adopted. Dated this 28th day of April, 1999. IV M. FRA A. BRUCEAM RE, JR. t:. I;1f1IC I Co THIS INSTRUMENT PREPARED BY: PAUL YOUNG, ESQUIRE GOLDBERG, YOUNG 6 GRAVENHORST, P.A. 1630 North Federal Highway _ Fort Lauderdale, Florida 33305 `F i v. o PARCEL IDENTIFICATION #E: 01-3135-005-1510; 01-3135-005-1620; 01-3135-005-1650; 01-3135-005-1680; 01-3135-005-1730 SPECIAL WARRANTY DEED - THIS INDENTURE is made as of the 4-pr; o between HEALTH FOUNDATION SUPPORT SERVICE SOUYTH FLORID ! ZN98, s "`a Florida non-profit corporation, formerly known as CEDARS HEALTH CARE SUPPORT SERVICES, INC., a Florida non-profit corporation, formerly known as CEDARS MEDICAL CENTER, INC., a Florida non-profit corporation, formerly known as CEDARS OF LEBANON HOSPITAL CORP., a Florida non-profit corporation (hereinafter referred to as the "GRANTOR") whose permanent address is c/o Columbia Healthcare Corp., One Park Plaza, Nashville, TN 37203, and CEDARS HEALTHCARE GROUP, LTD., a Florida limited partnership, (hereinafter referred to as the "GRANTEE"), whose permanent address is 955 N.W. Third Street, Miami, FL 33128. THAT the GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by the GRANTEE, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to the GRANTEE, including GRANTEE's successors and assigns forever, that certain parcel of land lying and being in Dade County, more particularly described as follows: Florida, Lots 1 through 26, inclusive, North 33 feet of Lots 27 through 30, inclusive, all Lots 37 through 49, inclusive, Block 5 of BRADDOCK SUBDIVISION NO. 4, according to the Plat thereof, recorded in Plat Book 3, Page 61, of Publicthe Records less and exceptthat portion thereof, described in Final Judgment entered in favor of Dade County, Florida, in Official Records Book 7298, Page 671, and less and except therefrom those portions thereof described in Notice of Lis Pendens in County Eminent Domain Proceeding recorded in Official Records Book 7023, Page 861, and Certificates of Payment recorded in Official Records Book 7088, Page 838, and Official Records Book 7298, Page 670, and Order of Taking recorded in Official Records Book 7088, Page 839, all of the Public Records of Dade County, Florida. SUBJECT TO: 1. Taxes for the year 1993 and subsequent years; 2. Reservations, restrictions, limitations and easements of record, if any; 3. Applicable zoning ordinances of governmental authorities; The real property conveyed by this Deed was intended to have been 4 included within that Special Warranty Deed dated February 16, 1993, recorded in Official Records Book 15816, Page 267, of the Public -. Records of Dade County, Florida. All consideration for the real property conveyed hereby was paid at the time the Special Warranty Deed dated February 16, 1993, aforedescribed was recorded, and all 6 R Documentary Stamps required for the conveyance of the real property described herein were attached to that Special Warranty Deed dated February 16, 1993, above described. Accordingly, this corrective deed is exempt from State of Florida documentary stamp taxes, Pursuant to Rule 12B-4.014(3) Florida Administrative Code. TO HAVE AND TO HOLD the same unto the GRANTEE in fee simple AND the GRANTOR does hereby covenant with GRANTEE that, at the time of the delivery of this Deed, the property is free from all encumbrances except as set forth above, and the GRANTOR will warrant and defend the same against the lawful claims and demands of all persons claiming by, through and under it, but against none other. IN WITNESS WHEREOF, the GRANTOR has executed this Indenture which shall be effective as of the day and year first above written. Signed, sealed and delivered In the presence of: STATE OF FLORIDA ) COUNTY OF DADE SS: HEALTH FOUNDATION SUPPORT SERVICES OF SOUTH FLORIDA, INC., a Florida non-profit corporation, formerly known as CEDARS HEALTH CARE SUPPORT SERVICES, INC., a Florida non- profit corporation, formerly known as CEDARS MEDICAL CENTER, INC-, a Florida non-profit corporation, formerly known as CEDARS OF LEBANON HOSPITAL CORP., a Florida non-profit corporation By: its The foregoing instrument was acknowledged and sworn to before me this Rgp'���� nd day of Aµ,/ , 1998, by EIC* ep•�.4CIC!/Y)S•JP as Of HEALTH FOUNDATION SUPPORT SERVICES OF SOUTH FLORIDA 'INC., a Florida non-profit corporation, formerly known as CEDARS HEALTH CARE SUPPORT SERVICES, INC., a Florida non— profit corporation, formerly known as CEDARS MEDICAL CENTER, INC., a Florida non-profit corporation, formerly known as CEDARS OF LEBANON HOSPITAL CORP., a Florida non-profit corporation , on behalf of the corporation, who is personall known to me. L > NARY PUBLIC oFFOGALNOTARY SEAL (Name - Please print, type or stamp) B� SEAM Y GONMR" COMMON NNNNOI Comm. Exp. Date Serial No. , if any T rfr c cc590511 9�Foc FlOp�o w' COMMOS►ONcows OCT. 2,2000 IY[ty%ccntrlct%cga&rsl.Na CIOMR C �CNI HN.flra7V Q7[i HAR �AL vEftzvo Q°A' �LEIPK� �Ey t4jV �DU1Pf n 09-- o0b