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HomeMy WebLinkAboutR-97-0712J-97-705 10/14/97 RESOLUTION NO. 9 7- 7 i 2 A RESOLUTION, WITH ATTACHMENT (S), AMENDING RESOLUTION NO. 97-73, ADOPTED JANUARY 23, 1997, FOLLOWING A DULY CONDUCTED PUBLIC HEARING HELD IN ACCORDANCE WITH THE REQUIREMENTS OF SAID RESOLUTION WHICH GRANTED A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A HEALTH CLINIC, FOR THE PROPERTY LOCATED AT 1900 BRICKELL AVENUE, MIAMI, FLORIDA, SUBJECT TO CONDITIONS STATED THEREIN TO PERMIT UNIFORM PAVING OF THE DESIGNATED PARKING AREA, AND DECORATIVE COLUMNS; AND APPROVING A MODIFICATION TO THE DECLARATION OF RESTRICTIVE COVENANTS FOUND AT OFFICIAL RECORD BOOK 17604, PAGE 3765 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO REFLECT THE NON -SUBSTANTIAL CHANGES HEREBY APPROVED AND PROVIDING THAT ALL OTHER TERMS AND CONDITIONS OF THE RESOLUTION AND THE ORIGINALLY RECORDED COVENANT SHALL REMAIN IN FULL FORCE AND EFFECT. .. WHEREAS, on January 23, 1997, the City Commission adopted Resolution No. 97-73 (hereinafter, the "Resolution"), which granted a Special Exception to permit a Health Clinic for the property located at 1900 Brickell Avenue, Miami, Florida, subject to certain conditions set forth therein; and WHEREAS, property owner recorded a Declaration of Restrictive Covenants found at Official Record Book 17694, in the Public Records of Dade County, Florida in accordance with the terms of the Resolution (hereinafter, the "Covenant"); and fW" rgq N CITY C sszoz MEETING GE 0 CT 14 S97 Resolution No. j 97 - 712 WHEREAS, the Resolution and Covenant specifically provide that "at no time may property owner make any changes to the exterior of the building or the site plan without prior City Commission approval at a public hearing"; and WHEREAS, by letter dated August 21, 1997, to the City's Department of Planning and Development the property owner has requested the City approve certain non -substantial changes to the site plan for the property which is the subject of the Resolution, a modification of the Covenant, and has paid for all costs associated with the required public hearing; and WHEREAS, following the conclusion of the public hearing conducted in accordance with the requirements of the Resolution, and after careful consideration of the non -substantial changes requested by the property owner, the City deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the non -substantial changes specifically set forth herein below and the Modification to the Covenant to reflect said changes, provided, however, all other terms and conditions of the Resolution and the original Covenant shall remain in full force and effect; '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 -2- thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 97-73, adopted by the City Commission on January 23, 1997, is hereby amended to permit the following non -substantial changes to the site plan for the property located at 1900 Brickell Avenue, Miami, Florida. All other terms and conditions set forth in Resolution No. 97-73 shall remain in full force and effect. Furthermore, a Modification to the Declaration of Restrictive Covenants found at Official Record Book 17604 Page 3765 is hereby authorized to reflect the changes set forth herein below and to provide that all other terms and conditions of Resolution No. 97-73 and the original Declaration of Restrictive Covenants remain in full force and effect. Parking: modification to allow the four required "turf - block" spaces to be converted to decorative concrete as approved for the remaining eight spaces; Columns: modification to allow four (4) decorative columns (with Corinthian capitals) to be added to the front (Brickell Avenue) facade of the building to replace the existing plain columns. Section 3. This Resolution shall become effective immediately upon its adoption. -3- 9"7= 71`> PASSED AND ADOPTED this 14th E ER J. OE CITY CLERK PREPARED rDjqePRO D BY: I YAMILE R O EHY ASSIST TY TORNEY APPROVED A O FO AND CORRECTNESS: A NN S, III CIT TT7:ah Y W1909:YM October day of 1997. JOE CAROLL , MAYOR -4- 97_ 712 CITY OF MIAMI, FLORIDA 26 INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of the City Commission FROM : ward Mar ue City M RECOMMENDATION DATE : OCT 2 - FILE SUBJECT : Request to modify conditions of Special Exception for 1900 Brickell REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission approve two of the three attached requests to modify the plans approved and on file for a Health Clinic (Medical Office) facility at 1900 Brickell Avenue. BACKGROUND AND ANALYSIS On January 23, 1997, the City Commission approved Resolution No. 97-73 granting a Special Exception to permit a Health Clinic (Medical Office) for the property located at 1900 Brickell Avenue, per plans on file and subject to a series of conditions as specified on the attached Resolution (See Resolution No. 97-73 attached). Condition No. D specifically required that, "At no time may property owner make any changes to the exterior of the building or the site plan without prior City Commission approval at a public hearing, all expenses of which shall be borne by the property owner;" and Condition No. H specifically required that, "Parking at the facility shall be limited to the twelve (12) parking spaces presently reflected on the site plan, of which eight shall be paved and four shall be "turf -block" (grass)." Subsequent to said approval, the applicant has filed the attached requests (dated August 21, 1997 and September 5, 1997) for the three following modifications: 1. Parking: modification to allow the four required "turf -block" spaces to be converted to decorative concrete as approved for the remaining eight spaces; 2. Signage: modification to allow one thirty (30) square foot combination wall and address sign as opposed to the approved eighteen (18) square foot wall sigh plus an additional address and/or directional sign; and 97- 712 1 0 - 9 k 3. Columns: modification to allow four (4) decorative columns (with Corinthian capitals) to be added to the front (Brickell Avenue) facade of the building in order to replace the existing plain columns. The Department of Planning and Development has analyzed these requests and has made the following findings: • Were it not for the specific conditions set forth in City Commission Resolution No. 97-73, the requests made herein would have been deemed non -substantive and would have been reviewed administratively, pursuant to Ordinance No. 11561 adopted by the City Commission on February 27, 1997. • The requested modification of the parking spaces in order to allow the four spaces which were supposed -to have been "turf -block" to be converted into the same decorative concrete as the remaining eight spaces will have no adverse impacts on the subject property; this is due to the fact that the four "turf -block" spaces were shown at the rear of the property in the approved site plan; converting these to decorative concrete will not modify the appearance of the property as originally anticipated when this condition was imposed by the City Commission. • The requested modification of the proposed signage in order to allow one thirty (30) square foot combination wall and address sign as opposed to the approved eighteen (18) square foot wall sigh plus an additional address and/or directional sign would not be in keeping with the City Commission's intent that the subject property retain a residential appearance due to the fact that single sign of thirty square feet would appear much more commercial in nature and may tend to over power the residential appearance of the structure. • The requested modification of allowing the applicant to add decorative columns to the front facade of the existing structure to replace the existing columns, while not technically keeping with the character of the original house, will have no adverse effects on the surrounding area or the City Commissions intent that the property retain a residential appearance because they are consistent with residential architecture; said columns if approved should be conditioned on maintaining an appropriate scale for the subject building". Based on these findings, the Department of Planning and Development is recommending approval of request numbers 1 and 3 for parking and column modifications, and denial of request number 2 for modifications to the signage. Approval of request number 3 for column modifications should be conditioned on the review and approval of the department in order to ensure that the appropriate scale is maintained. 2 97- 712 Aabraham Professional Tree Service 9182 N.W. 114 St.♦ Hialeah Gardens, FI. 33018 Phone (305)826-9276 Licensed and Insured June 07, 1997 Jorge Suarez Menendez MD 1900 Brickell Ave. Miami, FI. 33129 Phone: 751-5345 Office: 854-3666 Work Ordered By: Dr. Suarez Menendez Description Of Work Front Of Property: Removal of one (1) Norfolk pine, one (1) over turn Avocado tree, three (3) Holly trees and one Bougainvillea. Stump grinding included. Rear Of Property: Removal of one (1) dead Canary palm, two (2) Holly trees and five (5) Umbrella trees . Stump grinding included. Pulling out of the fences form the rear and the side of the property. Aabraham Professional Tree Service agrees to furnish all labor and equipment necessary to establish work and is responsible to clean and haul away all debris. Signature Of Deposit: $2,000.00 Balance: $3,350.00 Total Amount: $5,350.00 .u" {�.a yBVli :1 �dt� :�n'.+tb'y%ew%�.✓�'v 3.�9% Gk'�5�1C 9 7 - 712 city Clerk City of Miami BUILDING AND ZONING PERMIT FORM _FD;W JC!i 1 -3 0 a PtTll��MPPCAPE F io 0 1 — 2,2 1 0 0, 0 TPlan No: —MENDE, MD 'E" Z I T Y CONSTRUCTION INC 0 1:4 Q S E ANTON I C Certi on No: �PU411-981T.I. "M_ Tele e. 854 -7 6 Orerffepn. Acyr T!,t 5 6 Legal s,�Tfiop_ 54 41 CORAL GABLES, FL BRICK'ELLS FLAGLER PB 5-44 LOT 21 LESS NWLY17(-.fr­T ID!LA�!' A LOT SIZE I oc:). o(:)(, X 19(d 2 OR 1 75.3se--145! 9_.� 0 7� f CqntwAoii�!OAd T R E E T h6-6670 FIALLANDALE FL, 33009 Engineer: Architect Joq 7 C I­--:'E L L A V Unit/Location: Prop Building Type:. Prop. Group Occupancy:, Prop. Building Ht: P rim Fire Zone:. 3A Job Description: TREE REMOVAL Plan Type ?RQVEIPtAY% 0 7 /RAVE57 TO BE r-.,,EPLAcED WTTH-CON RO C, . P11'A(?NS, MP W� NET' RAR o7/28/97 Tk,.*T ISSUED CE 7624 ELAN J G 0 0 7 /2 9 97 0081 Threshold Inspector: _T� Name: Certificates Required: Estimated Cost: IDS-0. EIC.C. Ehu. I MASTER PERMIT NO. ADM- I T, I STRA14k WSCW'PON UNIT TYPE UNITSi FEE7'. DADE iris .CODES COMPLAINCE FEES DOLLARS LANDECAPE EACH, 0 3 J D -_J TOTAL FEES CREDIT CARD 13 6. 6 C, CASH TOTAL PAID TOTAL DUE SUbMitted sito the public record in ,(in with Item w ori . alter ­vman W1 City cialk General Condhions: 1. Permit expires if construction is not begun within 180 days, or as is consistent with South Florida Building Code. 2. Call each division (structral, electrical, mechanical, plumbing, and zoning) for inspections. 3. Approved plans and notice commencement must be on job with permit posted before inspections will be made. 4. Reinspection fees will be charged if work is not approved or not ready when called for, or if approved plans are not on job site at time of inspections. 5. Obtain Certificate of Occupancy from department when required, before using completed building. PLEASE NOTE: Failure to comply with mechanics lien law can result in the property owner paying twice for' building improvements. D]BZ/IS 413 Rev. 11/92 Dh*Vxdion: Original -'.Department Section File; Canary - Applicant's Copy. .97-- :7 0 (1 TO Fpurvi Commissioner Wifredo Gort A. i;JJ,III City Law Department C1TY OF PAIAW FLORIDA INTER -OFFICE MEMORANDUM DATE. July 25, 1997 FILE . MIA97-9 SUBJECT' Request for Legal Opinion; 1900 Brickell Special Exception- RCFERENCFS ENCLOSURE$. You have requested a legal opinion on substantially the following question: WHAT ACTION MAY BE TAKEN AGAINST THE PROPERTY OWNER, IF HE OR SHE VIOLATES THE DECLARATION OF RESTRICTIVE COVENANTS AND/OR THE CONDITIONS TO THE SPECIAL EXCEPTION GRANTED BY THE CITY COMMISSIOI ' In re:,ponse to your query, there are several mechanisms available to address violations of the City'; Zoning Ordinance as well as addressing violations of covenants and conditions of specific zonii,g applications. To b gin with, paragraph 5 of the recorded Declaration of Restrictive Covenants in the above - referenced matter specifically provides in part: An action to enforce the terms and conditions of this Declaration may be brought by the City or by any property owner within 375 feet of the Property, by action at law or in equity against any party or person violating or attempting to violate any covenant of this Declaration or provision of the building and zoning regulations either to restrain violations or to recover damages.... This enforcement provision shall be in addition to other remedies available under the law. Additionally, the City may cite, and in the instant case has cited, by and through its Code Enforcement Division, the property owner for violations of the City of Miami Code (i.e. failure } to obtain required permit for tree removal). } �j Y,urthe;more, in accordance with Article 21 of the City of Miami Zoning Ordinance, Section LL 2109, entitled "Penalties", provides in pertinent part: +- 2109.1.2. City cvmmi.-Won authority to rescind resolutions. The city '5 .� commission, after public hearing, may rescind, modify or change any resolution_ special exception. if �tpon application filed at any time after the grant._by the director of the planning, building and zoning department, the 97- 712 city commission finds that there has been a violation of any conditions, restrictions or limitations iii the resolution.... Finally, Article 21 of the City of Miami Zoning Ordinance, Section 2109.2, provides that in addition to recision, mentioned above, any one violatio6 .,r failing to comply with requirements of the zoning ordinance "shall be deemed guilty of misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars...." CUN fLU�IDN Upon demonstration to the City Commission that the property owner has violated any term, condition or limitation set forth in the City's Zoning Ordinance, Special Exception Resolution or in the Recorded Declaration of Restrictive Covenants, the City may file civil, criminal or equitable legal proceedings against the property owner, PRL.'PARED ANC,/0PROVED BY: Yamile Mte Assistant City REVIEWED BY: �1Edward Maxwell �0 1 puty City Attorney c; Honoralh Mayor and Member of the City Commission Edward Marquez, City Manager James J. Kay, Interim Director Public Works Jack Luft, Director, Planning and Development Lourdes Slazyk, Assistant Director Land Dev. &G1S Rafael A. Rodriquez, NET Administrator Coral Way 97- 712 I /4,e�� 117 A/-E 7— yeas 9 1.,4nee P- e moo P,*,/ �Y, v 4'r v�J� Submitted Into th.,':� public record in connection withm, item, c©n �f 0 —�- 97 Walter Foeman 9 7 — 712 City Clerk • • . mOP-d? in -to oubliC record �,n with Item, 011, Az--Z-Y-- W�-,onknr F"ceman CIbI Clerk 97- 712