HomeMy WebLinkAboutM-95-0712CITY OF MIAMI, FLORIDA
PIZ 2
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members SEP 19 .1995
TO : of the City Commission DATE : FILE
Remand from the Circuit Court
SUBJECT: for 3800-3850 Flagler Street
FROM : Ces REFERENCES: Agenda Item, City Cc mission
City Meeting of September 28, 1995
ENCLOSURES:
i
RECATION
It is respectfully recam coded that the City Commission reverse its decision
from September 22, 1994 specifically related to City Commission Resolution 94-
718, and grant a Special Exception, with conditions, for an extended care
facility to be located at 3800-3850 West Flagler Street. See the attached
Zoning Fact Sheet and backup for additional information on the original
application.
Iz
On March 31, 1995, the Appellate Division of the Circuit Court reversed the
decision of the City Commission on September 22, 1994, to deny the requested
Special Exception Permit for an extended care facility to be located at 3800-
3850 West Flagler Street as described in the attached backup package for this
item. This hearing is on remand from the Circuit Court Appellate Division in
order to reverse City Commission Resolution No. 94-718 to ccoply with the
Court's decision.
95-- 712
ZONING FACT SHEET
LOCATION/LEGAL
APPLICANT/OWNER
ZONING
3800-3850 West Flagler Street
Lots 5-20, Block 2, STADLER GROVE ADDITION NO. 1 (12-42) PRDC.
Jose M. Alvarez
2500 N.W. 79th Avenue
Miami, Florida 33122
C-1 Restricted Commercial.
Olivia Martinez for
Miami Mental Health Ctr. Inc.
a Fla. nonprofit Corp.
REQUEST 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, C-1
Restricted Commercial, Conditional Principal Uses, to allow an extended care
facility; zoned C-1 Restricted Commercial.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval with conditions.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine:
Total Fines To Date: N/A
CEB Action: N/A
HISTORY
Found: N/A
$0.00 Lien Recorded On: N/A
ANALYSIS The requested Special Exception is for the purpose of opening an extended care facility on the
subject property; said facility is for temporary stay of persons with mental illness problems.
Such a facility is needed and it will be of overall benefit to the community. The site is along
a major commercial arterial and has adequate parking, ingress/egress, lighting, drainage and
all of the other factors as set forth in Sec. 1305 of Zoning Ord. 11000; however, there is some
concern over the potentially adverse effects the use may have on the surrounding area;
therefore the Planning, Building and Zoning Dept. is recommending approval with the following
conditions: 1) the facility shall provide 24 hour security/supervision at all times; 2) client
stay shall be temporary (not to exceed 30 days); 3) the facility shall be limited to
nondangerous mentally ill; and 4) a c.b.s wall, to be approved by the Planning Div., shall be
provided along the rear of the property, where it is adjacent to residential areas. The
recommendation of approval is based on findings that upon compliance with the aforementioned
conditions, the proposal will have no adverse impacts on the surrounding area.
ZONING BOARD Granted for twelve IM months in which g b16 permit must be obtained and
APPELLANT ub'ect to cond tions lRes. No. 4— �+)
NSeiglhbors (see appeal letters attached).
CITY COMMISSION
APPLICATION NUMBER 94- 286 Page 1 July 11, 1994
5 - '6 1 2W3
i
RF�FI�'c:l�
TIME
TOTFINFILEAREHEARISIN&PP10 I0lIm� t�5
IF FILED, DISPOSED
j CffL"PT.
CITY OF IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
APPELLATE DIVISION
CASE NO. 94-355 AP
MIAMI MENTAL HEALTH CENTER, INC.
a non-profit Florida Corporation,:;
• Petitioner, --
VS.
THE CITY OF MIAMI, c•�
a Florida municipal corporation,
a
Respondent.
Opinion f iled MARCH 31, 1995.
Petition for Writ of Certiorari
Elliot H. Scherker, Esq., Greenberg, Traurig, Hoffman,
Lipoff, Rosen & Quentel, for Petitioner.
A. Quinn Jones, III, City Attorney and Kathryn S. Pecko,
Assistant City Attorney, for Respondent.
Before Murray Goldman, Juan Ramirez, and Gerald Hubbart, JJ.
HUBBART, J.
_ Petitioner, Miami Mental Health Center, Inc., petitions this
i
Court for a Writ of Certiorari directing the Respondent to quash a
-resolution adopted by the City Commission. That resolution reversed
the City's Zoning Board's decision to grant a special exception to
Petitioner to operate an extended care facility on property located
'at 3800-3850 West Flagler Street in the City of Miami..
COPIES FURNISHED TO
C')UINSEL OP RECORD AND
TO ANY PARTY NOT REPRESENTUI 50"
i
-2-
Petitioner is a not for profit corporation organized to
operate community mental health facilities in Dade County. As the
proposed purchaser of the property at 3800-3850 West Flagler Street,
i
the Petitioner applied for a special exception to the City Zoning
Board so as to be able to operate at that address an extended care
facility for the treatment a maximum of thirty persons with mental
health problems. This facility would be similar to the facility
I� operated by Petitioner at its current location in the area of West
Flagler Street and SW 22nd Avenue in the City of Miami.
The Zoning Board conducted a public hearing on the
application at which approximately twelve area residents spoke in
opposition. Professional staff recommendations supported approval
of the application. At the conclusion of the hearing, the Board
approved the application, subject to certain restrictions which
dealt mainly with the security of the facility. Respondent has not
contended that the Board's decision.was in any way improper.
Appeals were taken to the City Commission by neighborhood
groups. After hearing testimony from witnesses, which included
several area residents, and viewing a video tape of the Board's
hearing, the City Commission reversed the Zoning Board's decision
and denied the application for special exception. The Commission's
stated reason for doing so was that it was "...in the best interest
of the general welfare of the City of Miami and its inhabitants...."
Petitioner contends that the Commission's decision to
reverse the Zoning Board is sustainable only if the record shows
that the Zoning Board's decision was not supported by substantial,
& - IOU 5- 7:�_
-J
-3-
competent evidence, citing as authority, Board' of County
Commissioners of Metropolitan Dade County v Lowas, 348 So.2d 13
(Fla. 3d DCA 1977, cert. denied, 358 So.2d 128 (Fla. 1978).
Petitioner further contends that the record shows that the Board's
decision was supported by competent substantial evidence.
fWe agree. The Zoning Board's decision was supported by the
recommendations of professional staffs. These recommendations
constitute competent, substantial evidence. See Allapattah
Community Association, Inc of Florida v City of Miami, 379 So.2d
j 387, 393-94�F1a. 3d DCA), cert. denigd,.386 So.2d 635 (Fla. 1980).
The Respondent does not dispute this point. Rather, the
Respondent argues that additional testimony heard by the Commission
at the appeal hearing constitutes competent, substantial evidence to
sustain the Commission's reversal of the Board's decision, citing as
authority Board of County Commissioners of Brevard County v Snyder,
627 So.2d 469 (Fla. 1993). Specifically, the Respondent argues that
that evidence consists of the testimony of two area residents who
stated that they believed that their property values have declined.
(The Respondent concedes that the other testimony of the area
residents about their concerns does not constitute competent,
substantial evidence.) _
We disagree. Of the five area residents who testified
before the Commission in opposition to the Board's decision, only
two testified about their property declining in value. Concerning
the cause of this decline, their testimony was ambiguous at best.
At no time did they testify that the specific cause of the decline
-4-
was the Board's decision. Clearly, this testimony cannot be fairly
said to constitute competent, substantial evidence sufficient to
sustain the Commission's decision. Interestingly, the Commission
did not cite declining property values as the reason for its
decision.
We therefore grant the Petition and order the Respondent to
set aside its resolution overruling the decision of the Zoning Board
in this matter and to issue a substitute resolution approving the
decision of the Zoning Board.
J-94-629(b)
8/22/94
RESOLUTION NO. 9 4 ` 718
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND DENYING THE 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, C-1
RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL
USES, TO ALLOW AN EXTENDED CARE FACILITY FOR
THE PROPERTY LOCATED AT 3800-3850 WEST
FLAGLER STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), ZONED C-1
RESTRICTED COMMERCIAL.
WHEREAS, the Miami Zoning Board at its meeting of July 11,
1994, Item No. 11, duly adopted Resolution No. ZB 64-94 by a six
to two (6-2) vote, granting the Special Exception as hereinafter
set forth; and
WHEREAS, the Zoning Board decision was appealed to the City
Commission; and
WHEREAS, the City Commission after careful consideration of
this matter, and notwithstanding the decision of the Zoning
Board, deems it advisable and in the best interest of the general
welfare of the City of Miami and its inhabitants to reverse the
decision of the Zoning Board and deny the Special Exception;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
cwr CONMS ON
&EETZDIG OF
SEP 2 2 1994
• R.4a�n tQo. /
�— 's 1_2 4dl— 79 Q
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 Miami Zoning Board to
I
grant a special exception from Ordinance No. 11000, as amended,
the Zoning Ordinance of the City of Miami, Florida, Article 41
Section 401, Schedule of District Regulations, C-1 Restricted
i
Commercial, Conditional Principal Uses, to allow an extended care
facility for the property located at 3800-3850 West Flagler
i
Street, Miami, Florida, legally described as Lots 5-20 and the
North 20 feet of the East 60 feet of Lot 24, Block 2, STADLER
GROVE ADDITION NO. 1, as recorded in Plat Book 12 at Page 42 of
the Public Records of Dade County, Florida, zoned C-1 Restricted
Commercial, is hereby reversed, the herein appeal is hereby
granted, and the special exception is hereby denied.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 22nd da September , 1994.
STE 4HE;*
ATTE C , MAYOR
7#
MATT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
i
G.' MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
-2- 94- %8
- 7 IL 2
APPROVED AS TO FORM AND CORRECTNESS:
CITY
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GMM/MB/M4531
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94- 718 //
95- 712
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AREA CA LCUI -A I IONS PARKING CAI Ck11,A'I IONS
ZONING ................................. C- I R1 0111141 NII-N-IS:
NET PROPERTY AREA ....................... 49.0041 SO.rl. 011 ICI: ...................... 11.390 SO.rr. — 300 = Jo-51"kcu
GROSS IIRoIIFR'1'1' AREA ................... 68,175 SQ.1-1.
I -XI I, ' NDFD CARF.
EXTENDED CARE FAC11.1 IV ................ 10.6811 So. FL I- ACI 1.11 y: .......................... 30 IIFDS — 5 = 6 SPACES
IS STAFF — 3 = 5 SPACES
OFFICE BUILDING I DOCTOR — I = I SPACE
(7,588 0 1ST FL. 4 3.810 a 2ND I'L.) .......... 11,398 SQYL A SPACES
F.A.R. = 22,078 — 68,175 = 0.32 (NIAX. 1.72) TOTAI. PARKING REQUIRED: 38+ 12 = 50 SPACES (2 II.C. SPACES)
BIDG. FOOTPRINT = 10,680 + 7,588 = 18,268 SOXI'.
MAX. ALIDWED FOOTPRINT = 68,175 x 0.40 = 27,270 SOXI', ToTAI, PARKING PROVIDED: .............. 50 SPACES (2 II.C. SPACES)
SETBACKS REQUIRED: FRONT ... 7.5 FT. PROVIDED ... 7.5 I-l'.
BACK ... 10 1-7. PROVIDFD ... 10 t7-
GREEN SPACE PROVIDED = 7,628 S11.1-7.
MIN, REQUIRED GREEN SPACE = 68,175 x 0.10 = 6,817 SO. F'I'.
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650 RIVERGATE PLAZA
A.L BERT 5. DUBBIN (1906 -1989)
JASON BERKMAN'
MURRAY H. DUBBIN"
444 BRICKELL AVENUE
KENNETH M BLOOMS+
MIAMI, F•LORIDA 33131-2403
JOEL N. MINSKER• P A.
AMY B. KARAN, P A
OF COUNSEL
MARIA C. MITROPOULOS
TELEPHONE (305) 373-3606
.
DIANE MMCOUIRE
'
TELEFAX (305) 374-2685
' BOARD CERTIFIED IN
MARITAL AND FAMILY LAW
MEMBER AMERICAN ACADEMY
OF MATgtM0NI^L LAWYERS July 22, 1994
" or
SIDNATED IN ENVIRONMENTAL LAW
BY THE FLORIDA BAR
C BOARD CERTIFIED IN TAXATION
City of Miami
Planning, Building & Zoning Dept.
Hearing Division
275 N.W. 2nd Street, 2nd Floor
Miami, FL 33128
Attention: Clerk of the Board
RE: Application No. 94-289
Application for special Exception to Allow an Extended
Care ]Facility at 3800-3850 West Flagler street, Miami,
Florida (Lots 5-20, Block 2, STADLER GROVE ADDITION NO.1
According to the Plat Thereof Recorded in Plat Book 12,
Page 42, the Public Records of Dade County, Florida
Notice of Appeal
Please take notice that the undersigned as attorneys for
Douglas-LeJeune-Flagler-Neighbors and Business Association, Inc.,
a non-profit corporation composed of and representing property
owners, business owners and residents within 375 feet of the above -
referenced property, as well as the following individuals: Angel
Urquiola, 25 S. W. 38th Avenue, Miami, Florida 33134, Maria 0.
Medina, 185 S. W. 38th Court, Miami, Florida 33134 and Armando
Diaz, 24 S. W. 38th Avenue, Miami, Florida 33134, as well as other
adversely affected and aggrieved citizens and residents of the City
of Miami (Appellants), do hereby appeal and request review by the
City Commission of that action of the Zoning Board of the City of
Miami taken July 11, 1994 in granting the special exception request
referred to above.
The specific reasons for such appeal is: 9
1. The application and evidence offered fail to meet the
requirements of §934 of the City Code as relate to a
9_5- 71_2
City of Miami
Planning, Building & Zoning Dept.
Hearing Division
July 22, 1994
Page 2
community based residential facility;
2. The proposed facility is adjacent to and surrounded by
private single family residences and condominium
residences whereby the proposed use, namely a community
based residential facility is incompatible with the
dominant use within the affected geographic area;
3. The action of the Zoning Board is contrary to the law and
evidence and should be reversed by the City Commission.
Appellants further show that the above application for
special exception may not be granted without approval of
the City Commission (Zoning Code §401).
Please place the undersigned on the mailing list to receive
service of all notices of hearing or any other matters which affect
the above application hereafter.
MHD/mp
C:\DUBBIN\MISC\CTYMIA.LT
cc: Gordon W. Winslow
6_ //.
Very truly ,yours,
DUBBIN, BERKMAN, BLOOM & KARAN
650 Rivergate Plaza
444 Brickell Avenue
Miami, FL 33131-2403
Attorneys for Appellants
By:
Murray H. Dubbin
By:
Maria C. Miyko"040S
r
LAW OFFICES
U /
"-
A 6 71.2
__J
July 20, 1994
The City of Miami
Planning, Building & Zoning Department
Hearing Boards Division
275 N. W. Second Street
Miami, Florida 33128
Attn: Ms. Teresita Fernandez
SUB RE: DATE OF HEARING: JULY 11, 1994
PROPERTY: 3800-3850 WEST FLAGLER STREET
[LOTS 5-20, BLOCK 2, STADLER
GROVE ADDITION NO. 1 (12-42) PRDC.3
SPECIAL EXCEPTION PETITION TO ALLOW AN EXTENDED CARE
FACILITY ON PROPERTY PRESENTLY ZONED C-1 RESTRICTED
COMMERCIAL.
Dear Ms. Fernandez:
Please be advised that Mr. & Mrs. Angel and Mary A. Urquiola,
residing at 25 S. W. 38th Avenue, Miami, Florida 33134, located
less than 375 feet from the above -referenced property.
Despite the overwhelming objection of the owners of property
located adjacent to and surrounding the proposed facility, the
Zoning Board ruled in favor of granting a Special Exception to
allow an Extended Care Facility for the mentally ill. We believe
such facility is incompatible with the present commercial nature of
the area and completely inappropriate for the surrounding
residential area.
As you are aware, the commercial area which contains a Publix and
an Eckerd Drugs, among other retail establishments, exclusively
serves the needs of the surrounding residential area. The
residential area is tranquil and is heavily populated by senior
citizens and families with young children. It has, in the past,
repeatedly been the victim of urban encroachment, but has recently
I sustained a period of tranquility and stability.
Because we believe the Extended Care Facility would detrimentally
effect the current character of the community, in addition to
generally destabilizing this now quiet residential area, we believe
such decision by the Zoning Board was misguided and insensitive to
the needs of this community. Accordingly, we formally request to
appeal this decision and for an opportunity for a public hearing
before the entire City of Miami Board of Commissioners.
Your prompt attention to this matter is greatly appreciated.
Very truly yours,
Ann9UYau7oa
5
Mary Urquiola
Al
MQ5— � -SJ12
July 20, 1994
The C_..y cf Xiam_
Planning, Building & Zoning Departmen-
Hearing Boards Division
275 N. W. Second Street
Miami, Florida 3312c
tit..... Ms. Teres_ta Fernandez
SUB RE: DATE OF HEARING: JULY 11, 1994
PROPERTY: 3800-3850 WEST FLAGLER STREET
[LOTS 5-20, BLOCK 2, STADLER
GROVE ADDITION NO. 1 (12-42) PRDC.]
SPECIAL EXCEPTION PETITION TO ALLOW AN EXTENDED CARE
FACIL11 Y 016 PROPERTY PRLSEN7La ZOigED C-1 RESTRICT=
COMMERCIAL.
'.rr�a �cDiaz&i'; Isabel SADLER GRO,'E ADD 1 ?B
24 5.��. 36 Ave. S1i5FT OF F60 FT Of LOT 24 BILK 2
�'i _.mi , Fla - 33134—
_=_=:e ad -.ace..,. to and Surr .nd:^.g the propcsed fac:;�
Zc_._. _ ard rued _n favcr cf arant_ng a Special ZxteF__= __
an _x:;ende."w _are ra...___ _cr mentally
S•.,._ac___tj' _s _nc--mr.a..., �::i= r�5v n1 r-ov^_ ii--
=.._ area and c_:=letely ..nap Z;pr_ate fcr the surrc ...�_.
area.
As ,,rou are aware, the commercial area which contains a Publ_.x an..
an _..,=_ :r::gS, :ng ot.^.er reta;._ estaL�i_s:tTte tS, =XC_
needs of ,.he surrcu::d_ng residential area. _.
area is tranquil and is heavily populated cy sen_c_
____z_ns and families with young children. It has, in t _ past,
r= Z.a . e_._ -he : ict_.,, of urban encroachment but -as re - . -
..sta_.._ . a P eri :d of tranqui.Lity and stabiiity.
ieve the Extended Care Fac_lity would detrimental
effect the current character of the community, in additie. t
generally destabilizing this now quiet residential area, we believe
sI.:ch decision by the Zoning Board was misguided and insensitive t-
the needs of this community. Accordingly, we formally request to
appeal this decision and for an opportunity for a public hearing -
before the entire City of Miami Board of Commissioners.
Your prompt attention to this matter is greatly appreciated.
Very truly yours, ,
A.3 / �'�/
LAW OFF -`ES
SIEGFRIED. RIVERA. LERNER. DE LA TORRE & PETERSEN. P.A.
C. -E _=
__ e_-AMBRi CRC_E
S'EVEN M. SIEGcPIE.^, CORAL 3AB_ES. =.CR-Oi -g 3i C, CCL%SE_
OSCAR R. R'VERA DACE __- sa.? 3a .
_^R 9aCJv<aC -_ _ Ja a- .A.JCERCi� c_.CarC a •
�E.. C �E '.. RE %O E. JJ?.�
5.
-AMES ..JRRiNG'_, .
EL'SABETH D. KO-'LCW
' , u GH M:CONNELL
SiM;,E-_a. RERSAUD
CERTIFIED MAIL„ RECEIPT NO. L 170 802 315
AND REGULAR KAM
r OR-_i�DEaDi�E. r�ORDi 3J]?a
BROWeRD
rix gC_ -s- -5a
July 12, 1994
The City of Miami
Planning, Building & Zoning Dept.
Hearing Boards Division
275 N.W. Second Street
2nd Floor
Miami, FL 33128
Attn: Ms. Teresita Fernandez
riLE NC.
REPLY TO:
1920161
Coral Gables
RE: 3881 WEST FLAGLER CONDOMINIUM ASSOCIATION, INC.
REQUEST FOR APPEAL OF CITY OF MIAMI ZONING BOARD
DECISION
SUB RE: DATE OF HEARING: DULY 11, 1994
PROPERTY: 3800-3850 WEST FLAGLER STREET
[LOTS 5-20, BLOCK 2, STADLER
GROVE ADDITION NO. 1 (12-42) PRDC.]
SPECIAL EXCEPTION PETITION TO ALLOW AN EXTENDED CARE
FACILITY ON PROPERTY PRESENTLY ZONED C-1 RESTRICTED
COMMERCIAL.
Dear Ms. Fernandez:
Please be advised that this firm serves as counsel to 3881 West
Flagler Condominium Association, Inc. and the owners residing within
such Condominium. The Condominium is located within 375 feet of the
above -referenced property.
Despite the overwhelming objection of the owners of property
located adjacent to and surrounding the proposed facility, the Zoning
Board ruled in favor of granting a Special Exception to allow an
Extended Care Facility for the mentally ill. We believe such facility
is incompatible with the present commercial nature of the area and
completely inappropriate for the surrounding residential area.
25
95- 712,
L
July 12, 1994
Page 2
As you are aware, the commercial area which contains a Publix and
an Eckerd Drugs, among other retail establishments, exclusively serves
the needs of the surrounding residential area. The residential area is
tranquil and is heavily populated by senior citizens and families with
young children. It has, in the past, repeatedly been the victim of
urban encroachment, but has recently sustained a period of tranquility
and stability.
Because we believe the Extended Care Facility would detrimentally
effect the current character of the community, in addition to generally
destabilizing this now quiet residential area, we believe such decision
by the Zoning Board was misguided and insensitive to the needs of this
community. Accordingly, we formally ask to appeal this decision and
for an opportunity for a public hearing before the entire City of Miami
Board of Commissioners.
Your prompt attention to this matter is greatly appreciated.
ANM/nmz
cc: Board of Directors
3:\CA5E\ SEC\NZ\?ERNANOE.LTR
Very truly yours,
SIEGFRIED, RIVERA, LERNER,
DE LA I
RRE & PETERSEN, P.A.
i�
Alberto N. Moris
'�.1• G,� C�, ail ,,_
I
ZB 07/19/94
Mr. George Barket offered the following Resolution
and moved its adoption.
RESOLUTION ZB 64-94
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE 11000, .AS AMENDED, THE ZONING BOARD GRANTED
THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED
COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW AN
EXTENDED CARE FACILITY FOR THE PROPERTY LOCATED AT
3800-3850 WEST FLAGLER STREET LEGALLY DESCRIBED AS LOTS
5-20 AND THE NORTH 20 FEET OF THE EAST 60 FEET OF LOT 14
BLOCK 2, STADLER GROVE ADDITION NO. 1 (12-42) PUBLIC
RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED COMMERCIAL.
THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE 'WITH
A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO THE
FOLLOWING CONDITIONS: 1) THE FACILITY SHALL PROVIDE 24
HOURS SECURITY SERVICE/SUPERVISION AT ALL TIMES, 2)
CLIENT STAY SHALL BE TEMPORARY (NOT TO EXCEED 30 DAYS),
3) THE FACILITY SHALL BE LIMITED TO NONDANGEROUS MENTALLe
ILL, 4) A C.B.S. WALL, TO BE APPROVED BY THE PLANNING
DIVISION, SHALL BE PROVIDED ALONG THE REAR OF THE
PROPERTY, WHERE IT IS ADJACENT TO RESIDENTIAL AREAS, 5)
ZONING BOARD REVIEW AFTER ONE YEAR OF THE ISSUANCE OF THE
C.O., 6) DISTRIBUTION OF AN INFORMATION PACKET IN ENGLISH/SPANISH
PRIOR TO THE 'ISSUANCE OF THE BUILDING PERMIT, 7) NO
RESIDENT PATIENTS ARE ALLOWED AROUND THE PERIMETER OF THE
FACILITY AND 8) A SECURITY GUARD MUST BE AVAILABLE FROM
5:00 P.M. TO 9:00 A.M. FOR BOTH THE INSIDE AND OUTSIDE OF
THE FACILITY.
Upon being seconded by Mr. George Sands
the motion was passed and adopted by the following vote:
AYES: Ms. Basila. Messers. Barket, Sands,
Carman, Milian and Moran-Ribeaux.
NAYES: Ms. Morales and Mr. Crespo
ABSENT: Ms. Hernandez and Mr. Luaces
Ms. Fernandez: Motion carries 6-2.
July 11, 1994
Zoning Board
Item# 11 . 4:L7
95- 712
ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION
I move that the request on agenda item be (denied)
(granted) in that the requirements of Section 2305 (were) (were
not) satisfied by relevant evidence in the record of the public
hearing•
a) as stated in the City,s findings of fact, or
9 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 areas.
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 Scans 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.
C, 9
LE
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 Drainage
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 22tentially 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 the use or occupancy as proposed,
or its location, construction, design, character, scale or manner
of operation. Where such potentially adverse effects are 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.
Date
Item
95- tJ 1!
L
APPLICATION FOR SPECIAL EXCEPTION File 4umaer
r+tn+n the City generally, or within certain zoning districts,
:!,,•a+n structures, uses, and/or occupancies specified in this
ordinance are of a nature Peauiring special and intensive revle,r
to determine whether or not they should be penaitted in specific
'ocat+ons and if so, the soec141 lioitations, conditions, and
safeguaras wnich should be applied as reasonably necessary to
promote the general purposes of this Zoning Ordinance, and, in
:articular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further
intended that the expertise and judgeeient of the Zoning Board be
exercised in Baking such daterwinations, in accordance with the
rules, considerations and iinitations relating to Special
Exceptions. (See Article 15)
Foreal public notice and hearing is mandatory for Special
Exceptions. The Zoning Board shall be solely responsible for
detervinations on applications for Special Exceptions. All
applications shall be referred to the director of the Department
of Planning, Building and Zoning for his rscmm- , ations and the
director shall make any further referrals required by these
regulations.
(Present owner/seller)
I, -:0SE M. ALVAREZ , hereby' apply to the City of Mini Zoning Board for
approval of a Special Exception for property located at 3800-3850 r,%k,=C;i- Flat ipr.
Miami, Florida 33134
yature of Proposed Use (Be specific) Extended Care Facility toaer-h r wi rn
outpatient offices and administrative offices for persons being treated
fcr mental health related lr'nh1 Inc _
In support of this application, the following material is submitted:
1. Two copies of a survey of the property prop" by a State of Florida
Registered land Surveyor.
�.s Z. Four copies of: the site plan shoming (as required) property boundaries,
existing (if awry) and proposed structure(s), parking, landscapi:ig
etc; building elevations and dimensions and, computations of lot area
an0joui idinj spacing.
X 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest fore (attach to application).
X 4. Certified list of owners of real estate within a 375-feet radius of tM
outside boundaries of property covered by the appliatiee.
S. AL least two photographs that Shaw the entire property (land and impraroe- %31
rents).
G. Other (Specify)
- 7tv.2
Special Exception .......................... 5650.00
Surcharge equal to aoolicaele fee fp-.m it" &Dove,
,ot to exceed six hundred and fifty dollars (5650)
except frog agencies of the city; such surcharge
to to refunded to the soplicant if there is no
appeal fros a property owner within three hundred
and seventy-five (375) feet of the 3u0,yect property.
;City Code - Section 52.61)
STATE OF FLORIDA)
►*Ip
COUNTY OF DADE )
Signature
r
Owner m 4glii mp#j p0. >*q,V%. 1
Naese JOSS M, ALVARF7
2500 N.W. 79TH Avenue
Address Miami , Elprir3a 33127
JOSE M. ALVAREZ , being duly sworn, deposes and says that he is the
(Obner)( ) of the real property described in ansirer to question 11
above; that he has road the foregoing answers an that the saw are true and co"Itte;
AN (if acting as agent for owner) that he has authority to "acute this petition on
t0half of the owner. n
I r
SWORN To #a S=11i
before at this !2 dal/ of
1� 4•
e�
Nota�'y Iuh1iCState of Florida at Large
my Comission Expires:
:�•;;>z
NOTARY ..:p�.i: .-TA.7 ' . C, .:Dt:
95-- 71_2
L
APPLICATION FOR SPECIAL EXCEPTION
File Number
Within the City generally, or within certain toning 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 to
promote the general purposes of this Zoning Ordinance, and, in
particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further
intended that the expertise and judgement 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)
Formal public notice and hearing is mandatory for Special
Exceptions. The Zoning Board shall be solely responsible for
determinations on applications for Special Exceptions. All
applications shall be referred to the director of the Oepartment
of Planning, Building and Zoning for his recommendations and the
director shall make any further referrals required by these
regulations.
(,proposed buyer acting for the Miar^i Mental Health Cent»
I, C 1 � ,/; a Martinez, hereby apply to the City of Miami Zoning Board for v' on - �ro}-
approval of a Special Exception for property located at 3800-3850 west 1 ac ; er,
Miami, Fiorida,33134 P
Nature of Proposed Use (Be specific) Extended Care Faci 1 i tv together wit -
outpatient offices and administrative offices for persons being treater
*cr -enta; -ealtn related prop ems.
In support of this application, the following material is submitted:
X 1. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
X 2. Four copies of: the site plan showing (as required) property boundaries,
existing (if any) and proposed structure(%), parking, landscaping
etc; building elevations and dimensions and computations of lot area
and building spacing.
X 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (attach to application).
X 4. Certified list of owners of real estate within a 313-toot radius of the
outside boundaries of property covered by the application.
X S. At least two photographs that show the entire property (land and improve-
ments).
6. Other (Specify)
X 7. Fee of f to apply toward the cost of processing:
95— .712
Special Exception .......................... $650.00
Surcharge equal to applicable fee from item above, ,
not to exceed six hundred.and fifty dollars (S650)
except from agencies of the city; such surcharge
to be refunded to the applicant if there is no
i appeal from a property owner within three hundred
and seventy-five 9375) feet of the subject property.
(City Code - Section 62-61)
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
Signature
Authorized Agent
of"r� }I1AMI MENTAL HEALTH CENTER, -HIC.
Name OLIVIA T. MARTINEZ
Address 2141 S.W. First Street- Miami, Florida 3313`
Phone ( 305 ) 643-7771
O1 i v i a T. Martinez , being duly sworn, deposes and says that he is the
(Authorized Agent of Owner) of the real property described in answer to question 01,
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has authority to execute this petition on,.
behalf of the owner.
r
(Name) �-�-
SWORN TO AND SUBSCRIBED
before me his —►�- day of/ /
C �I Rotary Public, State of Florida at large
My Commission Expires:'
OF
FMCLA VALDES
NOTARY PUBLIC STATB OF FLORIDA
COMMISSION NO. CC25USS
MY COMMISSION EXP. JAN. 191W
9 5 — 1? 1111
AFFIDAVIT
STATE OF FLORIDA 1
SS
COUNTY OF DADE }
BeFcre me, the undersigned authority, this day personally appeared
JOSE M. ALVARE., who being by me first duly sworn, upon oath, deposes and says:
L. That he is the ow4r or the legal representative of the owner,
submitting the accompanving application for a public hearing as required tv
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached and made a part thereof.
?. That all owners which he represents, if any, have given their full and
complete permission for him to act in their behalf for the change or modification
of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal
descriptions for the real property of which he is the owner or legal
representative.
'+. The facts as represented in the application and documents submitted in
conjunction with this affidavit are true and correct, to the best of his
knowledge and belief.
Further Affiant sayeth not.
Sworn to pnd Subscribed before me
this `day of- 1, t 1994.
Notary Public. State of Florida at Large
My Commission Expires:
O FICIAL NOT
SEAL
ANA DEL CASTILLO
NOTARY FIJBLIC STATE OF FLORIDA
COMMISSION NO. CC3 W0
r
(Seal)
(Name) JOSE M. ALVARE
o35
95-- 7 1>
1
STATE OF FLORIDA }
) SS
COUNTY OF DADE }
Before me,
Olivia T. Martinez
and says:
AFFIDAVIT
the undersigned authority, this day personally. appeared
, who being by me first duly sworn, upon oath, deposes
1. That he is the owner, or the,legal representative of the owner, ;
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not. L
Cie
36) —(Name)
(aEAQ
0
Sworn to and Subscribed before me
i p
this ;)- o day of
Notary Public, State of FWrida at Large
:VOTARY PU::VC; .STATE t;F ;' OR A AT iA L-
My Comlaission Expir±3a MY WAIM151.I0N WIRES MAY 21, 1994
L
OWNER'S LIST
Owner's Name s - '
Mailing Address 2300 pt W 79th Avezue Miami E1.^.ri na 1122
Telephone Number (3 0 5) 7 15 - 0 0 0 0
Legal Description: please see Survev.
l.he
Owner's NW ^ l i v i a T. Mart i nez ':,. M I'u, •A. EN'r a L wEnL'u cy"Ea, oL t o
Mailing Address 21y1 S.W. Gist 511,eet - ""ia�-i, Fior:ta 33135
Telephone Number 3C51 643-. t
Legal Description: please see Survey.
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
3 796-3798 W. Flagler SIX a TQtG 1 &2Rl nrk ndd; r- ; on-W1Q. One
Miami, Florida 331.34_ plat ;� 2. P Q 2—Pahlir. Rp-r-r-A rude C%inty, FL.
Street Address Legal Description
Street Address Legal Description
J
�-- 712
J
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Parcel A: Lots 5 thru 23 inclusive of Stadler Grove Addition
No. 1 according to the Plat thereof as recorded in Plat Book 12 at
Page 24 of the Public Records of Dade County, Florida.
Parcel B: The North 20' of the East 60' of Lot 24, Block 2,
of Stadler Grove Addition No. 1, according to the Plat thereof as
recorded in Plat Book 12 at Page 42 of the Public Records of Dade
County, Florida. Street Address: 3800-3850 West Flager Street,
Miami, Florida
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all
parties having a financial interest, either direct or indirect, in
the subject matter of a presentation, request or petition to the
City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any
other interested parties, together with their addresses and
proportionate interest.
Jose M. Alvarez-100% owner of above described property
The above described property is presently under contract to be sold
to Miami Mental Health Center, Inc., contingent upon the grant of
the applicable Special Exception by the City of Miami.
3. Legal Description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located
within 375 feet of the subject real property.
Lots 1 & 2, Block 3, STADLER GROVE ADDITION NO. ONE, Plat Book 12,
Page 42 of the Public Records of Dade County, Florida. Street
Address: 3796-3798 W. Flagler Street, Miami, Florida.
(Seal)
JOSE M. ALVAREZ, OWNER
OFFiCiAL NOTARY SEAL
STATE OF FLORIDA } kNA :DEL CAST ILLO
} NOTARY PUBLIC STATE OF FLORIDA
$8
COM'AISSION NO. C051368
COUNTY OF DADE } MY COMM MYON E». FEB. 27,IN8
JOSE M. ALVAREZ, being duly sworn, deposes and says that he is the
(Owner) of the real property described in
answer to question #1, above; that he has read the foregoing
answers and that the same are true and complete; and (if acting as
attorney for owner) that he has authority to execute the Disclosure
of Ownership form on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this a� p-
day of)
1994
MISSION EXPIRES:
FCOFFICIACTAR 5
AN A DEL CASTILLO
NOTAL N
RY PUBLIC STATE OF FLORID
OMMM10N NO. CC3.`W
n. aecirl'J J Xv
JOSt M. ALVAREZ, OWNER F
C
Notary Public, State
of Florida at Large
9�- s:-;'
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Parcel A: Lots 5 thru 23 inclusive of Stadler Grove Addition
No. 1 according to the Plat thereof as recorded in Plat Book 12 at
Page 24 of the Public Records of Dade County, Florida.
Parcel B: The North 20' of the East 60' of Lot 24, Block 2,
of Stadler Grove Addition No. 1, according to the Plat thereof as
recorded in Plat Book 12 at Page 42 of the Public Records of Dade
County, Florida. Street Address: 3800-3850 West Flager Street,
Miami, Florida
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all
parties having a financial interest, either direct or indirect, in
the subject matter of a presentation, request or petition to the
City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any
other interested parties, together with their addresses and
proportionate interest.
Jose M. Alvarez-100% owner of above described property
The above described property is presently under contract to be sold
to Miami Mental Health Center, Inc., contingent upon the grant of
the applicable Special Exception by the City of Miami.
3. Legal Description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located
within 375 feet of the subject real property.
Lots 1 & 2, Block 3, STADLER GROVE ADDITION NO. ONE, Plat Book 12,
Page 42 of the Public Records of Dade County, Florida. Street
Address: 3796-3798 W. Flagler Street, Miami, Floorrida.
(Seal)
Agent for Owner for the i Mental
Health Center, Inc.
STATE OF FLORIDA )
) Be
COUNTY OF DADE )
OLIVIA T. MARTINEZ, being duly sworn, depose and says that she is
the Agent for Owner (- of the real property
described in answer to question #1, above; that she has read the
foregoing answers and that the same are true and complete; and (if
acting as attorney for owner) that she has authority to execute the
Disclosure of Ownership form on behalf of the owne
SWORN TO AND SUBSCRI
before m� this _ Olivia T. Martine$, Agent
day of 1994. for Owner and for Miami
Mental health Center, Inc.
MY COMMISSION
EXPIRES:
�pAY pbB EDWARD J. WARYAS
COMMISSION N CC 37373E
EXPIRES MAY21,1998
BONDED TNRU
Notary Public, State of
Florida at Lame -317
AFFIDAVIT
STATE OF FLORIDA�
J
SS
COUNTY OF DADE
Before me, the undesigned authority, this day personally appeared
Olivia T. Xart:nez, who being by me first duly sworn, upon
oath, deposes and says:
i. That she is and has been the Executive Director c= --e
X:ami Mentai Health Center, Inc. since 1983.
That the photocopies of her employment ID and -LIr:•rer s
License attached, with her signature on the photocopy document, are
true copies of the originals of such documents.
3. That she, as Executive Director, has been authorized by
the Board of Directors of the Miami Mental Health Center, to act as
its agent and to process all applications and other documents
related to the efforts to purchase and purchase of the property
located at 3800-3850 West Flagler Street, in -the City of Miami,
Florida, such authorization being contained in RESOLUTION # 94-
94%06, and signed by the President and Secretary of the
Corporation, herewith attached.
Further Affiant sayeth not. �-
�. ( SEAL )
(Name) Olivia T. Martinez_
Sworn to and Subscribed before me
This 27th day of May, 1994.
/,./.L e_ 4
Notary Public, State of Florida at Large
My Commission Expires: y, / -all
�,
OFFICIAL NOTARY SEAL
FELICIA VALDES
NOTARY PUBLIC STA'IS OF FLOIUDA
COMMISSION NO. CCZ53888
MY COMMISSION EXF. JAN.19,1997
LIMITED POWER OF ATTORNEY
T: ie unders_cr.ed, X. ALVA_REZ, _n e present cwr.er _: -..�
e_- __catec at 74. 71au er Streer
erect a� �LI`I:a YLAR":"�tiEZ, Of _ e M:. M: MENTAL =E'_- _..
_ne prcpcsed purcnaser c: . :e azoremen,._cned zr7lcertv, as .._�
ana
se _� an ap_ --cat:_.. - --.J X:a."'... _
aC _..Ja_ a SCec_a_ ._x:_-ep .-_zn fcr sal
sec as an _X`e ^.eQ mare cac...__ zy, ^Qe-ner W: _n .._pat-e' -
____zes an= acz:-.._strat_ve _-:__-es _.,_ persons ce_ng .._eaten :__
en:a_ nea1t- related problems. :'r.e urdersigned aut:.cr_zes :. :V:A
to execute and submit any other documents necessary _..
-- ain said" Special Exception and to perform or exercise any
act cn ^.is behalf in connection therewith for the limited
set _crt: : :'his limited power of attorney shall remaln :..
effect August 1, 1994.
EX=~ED this day of May, 1994.
'17NESSES Y--- '
JOSE M. ALVAREZ STATE" OF FLORIDA ) L
COUNTY OF DADE )
The foregoing Limited Power of Attorney was acknowledged
before me on this 3is`" day of May, 1994,, by DOSE M ALVAREZ, who
is personally known to me.
BARBARA DARIAS
NOTARY PUBLIC AT LARGE
My Commission Expires: State of Florida
,fay PV CPFICI N=A SMA
DIR:alvarez\mmhci.poa $ ¢� NARwRA oanAs
s CONUM lON M ANN
CCSA9774
my COY MIGN txr.
OF FLU MAY 9.1902
15_ 7 12