HomeMy WebLinkAboutR-95-0774J-95-819
09/13/95
RESOLUTION NO. 9 5 o 774
A RESOLUTION RESCINDING RESOLUTION
NO. 94-718, ADOPTED SEPTEMBER 22, 1994, IN
ITS ENTIRETY AND SUBSTITUTING IN LIEU
THEREOF, THE HEREIN RESOLUTION THEREBY
AFFIRMING THE DECISION OF THE ZONING BOARD
AND GRANTING THE SPECIAL EXCEPTION FROM
ORDINANCE NO, 1.1000, 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, ZONED C-1 RESTRICTED
COMMERCIAL.
WHEREAS, the City Commission adopted Resolution No. 94-718
on September 22, 1994 reversing Miami Zoning Board Resolution
No. ZB-64-94 thus denying a Special Exception as hereinafter set
forth; and
WHEREAS, the applicant, Miami Mental Health Center, Inc.,
petitioned the Appellate Division of the Circuit Court of the
Eleventh Judicial Circuit in and for Dade County, Florida, in
Case No. 94-355 AP for a Writ of Certiorari directing the City of
Miami to quash Resolution No. 94-718; and
WHEREAS, on March 31, 1995, the Appellate Division of
Circuit Court, Case No. 94-355 AP, granted the petition and
ordered the City of Miami to set aside Resolution No. 94-718 and
CITY COMMISSION
MEETING OF
O C T 2 6 1995
`'
11ccolution No.
95- '774
issue a substitute resolution approving the decision of the
Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 3.. 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. Resolution No. 94-718, adopted September 22,
1994, is hereby rescinded in its entirety.
Section 3. The decision of the Miami 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, C-1 Restricted
Commercial, Conditional Principal Uses, to allow an extended care
facility for the property located at 3800-3850 West Flag'ler
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, subject to the following conditions: (1) The
facility shall provide twenty-four (24) hour security
95- 774
service/supervisi.on at all times, (2) patient stay shall be
temporary (not to exceed thirty (30) days), (3) the facility
shall be limited to non -dangerous mentally ill persons, (4) a
C.B.S. wall, to be approved by the Planning, Building and Zoning
Department, shall be provided along the .rear of the property,
adjacent to residential areas, (5) Zoning Board .review after one
year of the issuance of the Certificate of Occupancy, (6)
distribution of an information packet in English/Spanish prior to
the issuance of the building permit, (7) no resident patients
shall be allowed around the perimeter of the facility, (8) a
security guard shall be available from 5:00 P.M. to 9:00 A.M. for
both the inside and the outside of the facility and (9) a time
limitation of twelve (12) months in which a building permit must
be obtained, is hereby affirmed, and the special exception is
hereby granted.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day_of Oc er 1995.
TEPHEN P
ATTE T.
F ,EMAN
CITY CLERK"
MAYOR
UMML
MOM
_JY OF MIAMi FLCRIDA 7n
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members I�
of the City Commission u
Remand from the Circuit Court
P for 3800-3850 Flagler Street
Ces G ._;a`. ` Agenda Item, City Commission
City r Meeting of September 28, 1995
RECOM[ MMION
It is respectfully reccamiended 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.
BACKGROM
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 frcan the Circuit Court Appellate Division in
order to reverse City Commission Resolution No. 94-718 to comply with the
Court's decision.
95- 774
ZONING FACT SHEET
LOCATION/LEGAL 3800-3850 West Flagler Street
Lots 5-20, Block 2, STADLER GROVE ADDITION NO. 1 (12.42) PRDC,
APPLICANT OWNER Jose M. Alvarez Olivia Martinez for
2500 N.W. 19th Avenue Miami Mental Health Ctr. Inc,
Miami, Florida 33122 a Fla, nonprofit core.
ZONING C-1 Restricted Commercial.
REQUEST Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance 1
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_ Found: N/A
Violation(s) Cited: N/A
t
Ticketing Action: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00`Lien Recorded On: N;A
Total Fines To Date: N/A
CE8 Action: N/A
HISTORY
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 (Iz) months in which a bld99 . permit must be obtained and
4PPELLANT \eighbcorso(seedappeal. ions lettersoattach d).
:ITY COMMISSION passed First Reading on CC 9/28/95.
APPLICATION NUMBER 94- 286 Page 1 July 11, 19943
9 5 - 771
L TXE
TOTFILEARE EH ARISINR1OI0�j
IF FILED, DISPOSED L� y
CITY i;F W" fl
MIAMI MENTAL HEALTH CENTER, INC.
a non-profit Florida Corporation,
• Petitioner,
VS.
THE CITY OF MIAMI,
a Florida municipal corporation,
f
Respondent.
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
APPELLATE DIVISION
CASE NO. 94-355 AP
C.2
r•�
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
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 FUPNISHED TO
CIUNS:L rr RECORD AND
TO ANY PARTY NOT REPRnE.N7Y.D 50,
95- 774
-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,
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
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,
774
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.
We agree. The Zoning Board's decision was supported by the
recommendations of professional staffs. These recommendations
constitute competent, substantial evidence. See Allapattah
Communitv Association. Inc. of Florida v. City of Miami, 379 So.2d
387, 393-94(F1a. 3d DCA), cert. denied, 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
7
95- 774
-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.
2
M. __ 95- 774
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, FLORIDAs
C'13"Y CONIC MOM
P=!NG OF
SEP 2 2 M4 C
R"Obldw w*.
4d— 71Q
95- '774
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
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, C-1 Restricted
Commercial, Conditional Principal Uses, to allow an extended care
facility for the property located at 3800-3550 West Flagler
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 Se t(e'"bb mer , 1994.
STE q
P. . !
CLARK, MAYOR
ATTES
RATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BYs
G. ' MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
94- 718
9 5 774
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LASON M BERKMAN'
ALBEQT S a..BB1N 905- 959
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KENNETM M BLCOMO
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BOARD CEO-r EC N
VAO"A, AND — _
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...EMBER AMERICAN ACA rE
Cr MA- MCN.A� _Aw ERS
July 22, 1994
•• DES GNA-ED IN ENRONMEN-A� -AW
g. -..E r_=OiDA BAR
= BOAR: CEO-.r ED �N -AxA-10N
..
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 O.
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: / V
1. The application and evidence offered fail to meet the
requirements of §934 of the City Code as relate to a
9 5 - 774
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 lava 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.
Very truly yours,
DUBBIN, BERKMAN, BLOOM & KARA:1
650 Rivergate Plaza
444 Brickell Avenue
Miami, FL 33131--2403
Attorneys for Appellants
By:
Murray H./Dubbin
A
By:_ '� f
Marcia C. M' , opto os
MHD/mp V
C:\DUBBIN\MISC\CTYMIA.LT
cc: Gordon W. Winslow
LAW OFFICES
s. 6 /. � �, o. - 95. 7'7 4
I
�ar;na arms
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.J
SPECIAL EXCEPTION PETITION TO ALLOW AN EXTENDED CARE
FACILITY ON PROPERTY PRESENTLY ZONED C-1 RESTRICTED
COMMERCIAL.
Dear Ms. Fernandez.
P ease be advised that Mr. & Mrs. Angel and Mary A. Urquio_a,
res'd,rg at 25 S. W. 38th Avenue, Miami, Florida 33134, located
less that: 375 feet from the above -referenced property.
Desoite the overwhelming objection of the owners of property
located adjacent to and surrounding the proposed fac___ty, the
Zoning Board ruled in favor of granting a Special Excepti_-n to
allow an Extended Care Facility for the mentally ill. We
such fac_i_�y is incompatible wit:: the present commercial :gat .re C:
ci.e area and completely inappropriate for the surrcund_na
residential area.
As you are aware, the commercial area which contains a Publix and
a^ Eckerd Drugs, among other retail establishments, exclusively
serves t:^.e reeds of the surrounding residential area. The
res martial 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 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,
Ang 1 U qu-o1a
Mary Urquiola
S_a- a..
-__�.3 ---
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
F;jCILIT Cqj PRCJCLRlY PRESEN" Li Zl-.4 ZZ) C-1 RES R:CT7_✓
COMMERCIAL.
=_a -el S: aDr ER SPOVE ADD _ ?3 { - ?
S= F; OF 760 F_' Of ,07 �4 Br
__=
area
s t . are __'^'_== area wl- rC a = -:.X a
_.... .._=az n_ _'...'-r nziLnz res_den--a- a_ _a
area _s and _S .^.ea'. __y - --
and _aT-__''s w_ .ti':• y-c-ung ...__dre^. It has, - - 4aa
a _ Cf :ran- _-- 1' and StdL`1_.z�'.
__ve the Extended Care Facility wou- det__...=.._a,
e_fect the current character of the community, in add'___..
zeneral_y destabilizing this new quiet residential area, w=
s� ..-dec_s_wr. by the Zoning Board was misg�_ded and insens___ve __
the .._eds of ,.his community. Acccrd_ngly, we formally re =st __
az-eal _.._s decision and fcr an cpportun:.ty for a public •near_. _
cefcr= _ e entire City of Miami Board cf Ccmmiss_crers.
yc.;r orzmct attenticn to this matter is greatly appreciated..
Very tr.._f fours,
95- 774
R!VERA, LERNER, DE LA 7ORRE ?E'ERSEN, =,A,
._ � _ -_ _ � .___ far _ ? -_ '•.
--- = 1920161
Coral Gables
July 12, 1994
CBRTIPIED MAIL, RSCI= NO. 2 170 802 315
AND REGULAR MAIL
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
RE: 3881 WEST FLAGLER CONDOMINIUM ASSOCIATION, INC.
REQUEST FOR APPEAL OF CITY OF MIAMI ZONING BOARD
DECISION
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
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.
2�
95- 774
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.
Very truly yours,
SIEGFRIED, RIVERA, LERNER,
DE %LA T?RRE & PETERSEN, P.A.
Alberto N. Moris
ANM/nmz
cc: Board of Directors
S:\CASE\ SEC\NZ\?EM&4DE.LTR
95- 774
ZB 07/19/94
Mr. George Barket offered the following Resolut'on
and moved its adoption.
RESOLUTION ZB 64-94
aFTEP 'CONSIDERING 'HE ;AC'ORS SE Z,OPTH IN SEC -:ON 1305
DF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD GRANTED
THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE JF THE :ITS :,F MIAMI, ARTICLE 1, SE,_-::N
101, SCHEDULE CF OiSTPIC 'EuuLaT::NS, PES`RI_':.,
COMMERCIAL :CNOI'iCNaL 00INC:%L :SES, `D AL__ -N
7_ "ENDED CAPE AC' ;Tr c.R -HE �-pnPER 7 _ ,,A- .,T
3800-3850 BEST F!AGLER S'?EET 1_EGALL' DESCRIBED AS :.'O'S
-n AND THE NORTH 70 CEET '-)F "HE OAST 40 C_+ :F _
BLOCK 2, STADLER ]POVE ADDITION N0. 1 '''2-42) D1118LIC
PECORDS OF DADE :OUNTi; ZONED _-1 RESTPICTED COMMERC.'aL.
THIS SPEC:AL ErCEPTION 44S GRANTED PER PLANS ON FILE 4i7-1
A TIME LIMITATION DF T'wELVE (12) MONTHS 1N iHICH a
BUILDING PERMIT MUST BE OBTAINED AUD IT IS SUBJECT TO '-E
FOLLOWING CONDITIONS: 1) THE FACILITr SHALL PROVIDE 24
HOURS SECURITY SERVICE SUPERVISION AT ALL TIMES, 2)
CLIENT STAY SHALL BE TEMPORARY (NOT TO E,KCEED 30 DAYS),
3) THE FACILITY SHALL BE LIMITED TO NONDANGEROUS MENTAL'-,
ILL, A) A C.B.S. ,BALL, TO BE APPROVED BY THE PLANNING
DIVISION, SHALL BE PROVIDED ALONG THE NEAR OF THE
PROPERTY, 4HERE IT IS ADJACENT TO RESIDENTIAL AREAS, 5)
ZONING BOARD REVIEW AFTER ONE FEAR OF THE ISSUANCE OF HE
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 Doran-Ribeaux.
NAYES: Ms. Morales and Mr. Crespo
ABSENT: Ms. Hernandez and Par. Luaces
Ms. Fernandez: Motion carries 6-2.
July 11, 1994 I
tee 11
Zoning Board
42,7 1;.
95- 774
ZONING °OARA ACTION ON PETITION F^p SPECIAL EXCEPTION
I move that the request _n a.enda item be Denied;
l granted ) in tha t the re7u.trement- of Section i 3 DS were were
not) s3t1Sfied by relevant _ :der.-e .n the record of the public
hearing.
a) as stated in the City s findings of fact, or
(57 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 hake 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 Signs 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 promises, with particular
reference to traffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
?00-(
5 .. ,F r r .► V 5 - 774
1305.5 utilities.
'ue consideration shall --e given to utilities required,
with cart_cular reference to availability and=apacity of
systems. :ocaticn of=cnnections, and potentially adverse
appeara~._e :trier adverse effects on adjcininq and nearby
prcpert.• and the character of the area.
1305.6 Drainage
Due consideration shall be given for drainage, wL,
partic•-lar reference to effect on adjoining and nearoy properties
and on general drainage systems in the area. Where ma,or
drainage volumes appear likely and capacity of available systems
is found marginal or inadequate,=onsideration shall be given to
Tossibi:ities for recharge of groundwater supply on the property,
temporary retention with gradual discharge, or other remedial
measures.
1305.7 Preservation of natural features!.
Dua 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 proportion, the area, the
neighborhood, or the City, of the use or occupancy as proposed,
or its location, construction, design, character, scale or :Wanner
of operation. Where such potentially adverse effects are found,
consideration shall be given to special remedial measures
appropriate in the particular circumstances cf the case,
including screening or buffering, landscaping, control of :Wanner
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.
j
Date
Item
50
915- 774
APP" :ATiON FOR SPECIAL EXCEPTION
' e ru>.ner
•'. t"e . ty ;eneral'y, -)r ■,th'n :erts'n Yon,nq d�str'cts.
to^ta I* —AC tunes. ises, ana,or �ccuoanc es s0eci4'ed ,n t„s
:^i•^ance ire of a nature •evuir,nq soec,41 and intsnslye
to :ete"9ine wnetner jr lot tngy $notJld De �trssitted In 101K,f'C
:Cat'oMI and -f so. the soec'al •'41tatlons, :onlItIons. and
safequaras .nick snou'd �e 400�'ed as reason401y necessary ;a
:r-Dnrote the Seneral �wr,oses of tnis Zoning Jrainance, and, n
;art'cu'sr. to Protect aa•)oining Prooert•es and the ne,ghbo M o04
'^ Q 4vo10401e 'Ottnt'aily adverse oflects. It IS 'urther
ntV00`0 that the ex0ert'se and ;uageeMnt of the Zoning Boars of
exercised n oax!N sucn deterininations, in accordance with the
^vies, considerations and ''citations relating to SpK ial
E,cceotions. ''See brticla 15?
ror,wal Public notice and hearing 13 eandatory for SW ial
Exceations. T11e Zoning Board sna11 be solely responsible for '
detersainations on soplicatlons for Special Exceptions. All
aoc l i cations shall be referrvd to the director of the Ditpartimt
of Planning, Building and Zoninq for his recoamr4ationj and the
director shall make any further referrals required by these
-egulations.
r esellt cw•ner% seller )
hereby Apply to the City of Mimi Zoning Board for
100rovai of a Special EACtotiOn for pr44erty located at
`^.parrs , : -crida 3 13-1
yature of PmDosed Use (Be specific) Hxtended C—m-e
zu a_ienz c f-^es and ad• u,.nistrar_ive offices for persons oeinc
-- -enzzlIn support of this a"lication, the following aaterial is subaitted:
* 1. Two copies of a survey of they prope"y prop4red by a State of Florida
Registered law Surva"r.
*_ 2. Four copiers of: the site A1t.n sl' irtg (n rr irdd) proparty bc4mdarias.
ox13tirq (iis ) e prcmscd structur°o(s), irq, IwAsca*ing
etc; Wi ldilmg ek ations LTw diL-nz ions isd- of lot area
vvdluildirq
X 3. Affidavits disclosing azmvonhip of pr-vczs'jy C�Plicntioa U,4
disclosures of intcfWzt foal (ottcM to t; lic€tici).
4. Cortificl list of t- n of ravel eatato uition a 37g.fes`t rcliia$ of tlrr
outside to tirl"- of p,t W cp M-VGfi L-j Mil, C;;; H tier.
X S. At least = pMtgrWt9 that shoo tto otin VV;�Zy (icd OW i ,re-
%3
: eeast9) .
s 6. Qtl►AP ( S i fy )
95- 774
:Oec al Exceat�on 5650.�0
:ur_,�arje equal t0 io0i,^_aolt `ee e—.q 'tv@ above.
-ot to exceed 7rx 14unared and 11•40y lol'an S650)
exctat f—m agenc•es of the :1ty; sucn 3urcnar4e
to bt rtfundtd to the iooll:ant •f t^tre 's nq
toolal 'r"o• a ;moerty owner within tree %ndrld
ind Seventy-f,+e 31S) `eet of the subject ornoerty.
.'ty :As 5ect•.or, 5Z-5I)
0vmer so A**mp*#j4 *#a
Addrtss =",r a -- -
STATt OF FLORIDA)
SS:
:3UNYY OF OAOE )
:SSE M. ALVA EZ beinq duly sworn, deposes and says that he >> the
ner)(�-�gaucS�r) of the real property descri0ed 1n answer to Question /1
above; that he has road the foregoing answers and that the same art true and com lets:
and (if acting as agent for *m4r) that he has authority to execute this petition on
bens 1 f of the owner.
-`r
SWORN TO AND SUMAIRM
before at this, day of
I� 4. ,74. ape
mot" 1 AHC, State of Florida at large
►fy► C i s s i on Exp i m :A -iZ
NOTA" (. .9F
SAY .::: i.• _ -n ,r.;h
t 95-- 774
s
APPLICATION FOR SpEr I AL EXCEPTION Pile Number
Within the City generally, or within certain zoning districts,
certain Structures, uses, and/or occuvanc,es specified in this
ordinance are of a nature rewiring scec,al and intensive review
to determine whether or not they should be permitted in specific
locations, and if so, the spec•al limitations, conditions, and
W ►guaros ■hicn should be applied as reasonably necessary to
p^^e,ote the general purposes of this Zoning Ordinance, and, 1n
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 dete.minations, in accordance with the
^j1es, considerations and limitations relating to Special
Exceptions. (See Article 16)
;o mal public notice and hearing is mandatory for Special
Exceptions. The Zoning Board shall be solely responsible for
detem inations on applications for Special Exceptions. All
applications shall be referred to the director of the Department
of Planning, Building and Zoning for his recommendations and the
director shall make any further referrals required by these
regulations.
orcacsed `or ^e mia—1 me-::.! yea!_
I a �ar:'rez, hereby apply to the City of Miami Zoning Board forv,on-^�roG;1-
appmval of a Special Exception for property located at 380C-385.0 -es:
`Tiarti, Fioric:a,33 }-
Mature of Proposed Use (Be specific) Exte^_ed Care =ac' l i "v toaet^e-
:":es and adriinistrative offices °or persons :)e:-e
c -e -ea..- eiacea oro:);erns.
In support of this applications, the following material is submitted:
I. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
z 2. Four copies of: the site plan showing (as required) pm perty boundaries,
existing (if any) and proposed structure(s), parking, landscaping
etc; building elevations and dimQnsions and computations of lot area
and building spacing.
X 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest forte (attach to application).
X 4. Certified list of "_ a rs of real estate within a 375-foot radius of the
outside boundaries of proparty covered by the application.
X 5. At least two ptiotograos that show the entire property (land and iimprove-
eents).
6. Other (Sp=xify)
X 7. Fee of S to apply toward the cost of processing:
95- 774
i
Special Exception .......................... $650.00
Surcharge equal to aDDI,cable fee from item above,
not to exceed six nundred and fifty dollars (5650)
except from agencies of the city; such surcharge
to be refunded to the applicant if there is no
appeal from a property owner within three hundred
and seventy-five 9375) feet of the subject property.
(City Code - Section 62-61)
Signature _
Authorized Agent
f oorrn M] AM I MENTAL HEALTH CENTER, HNC.
Name OLIVIA T. MARTINEZ
Address 2141 S.W. First Street- Miami, Florida 33135
Phone (305) 643-7771
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
a "ar: -ez being duly sworn, deposes and says that he is the
(Authorized Agent of Owner) of the real property described in answer to Question 11,
above; that he has read the foregoing answers and that the sane are true and complete;
and (if acting as agent for owner) that he has authority to execute this petition on,
behalf of the owner.
(NAM)
SWORN TO AND SUBSCRIBED
before m'eA his day of
M 19g �.�f
r7 Notary Public, State of Florida at Large
My Coaamission Expires:
OFF C1A
FELICIA VALDES
NOrr, RY PUBLIC STATE OF FWPJDA
COlr AMION NO. CC2SW
btY COMMISSION EXP.]A-N. 19,1997
95- 774
A F F AV .
S:a'IS OF F:.OR:�a
SS
.,t`-,' A 0 E
re ne -.n•iersigned autnor__y, tn:s day personal:. appearedi
CSv `" .4L':AR Z being by me first duly swcrn, upon oath, deposes and a:s:
_at ne .s the owner, or the legal represent ati.e _: ^.e _�cer.
s•-ibmit_.n; accompanying applicat_cr, for a pubii_ hearing as re.,_-_. _.
C t. the :ode ct the C," 'y of Miami, Florida. affecting _ne _;.a.
ropert .sated in the City of Miami, as described and listed on tr.e pages
3ttacned and :Wade a part thereof,
i
=. :'hat 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 mod ificat'_-.n
of a classification -r regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this aff_davi_
contain the current names, mailing addresses, phone numbers and legal
descriptions for the real proFerty of which he is the owner or legai
representative.
�. she 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.
(Seal)
(Name) JOSE M. ALVAR-
Sworn to and Subscribed before me
this .ICJ 4, day off uo1994.
Notary Public, State of Florida at Large
My Commission Expires:
F,NJOOT,�kRy
FlCIAL NOTARY SEAL
ANA DEL CASTILLO
FUBLIC STATE OF FI M IDAm tit LSSION NO. CC3-;Ma 9 5 _ 774
AFFIOAVIi
STATE OF FLORIDA } 1
} SS
COUNTY OF DADE }
Before lee, the undersigned authority, this day personally, appeared
who being by me first duly sworn, upon oath, deposes
and says:
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.
Lion 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, sailing 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.
3(0 ( aEAL`
(Name)
Sworn to and Subscribed before awe
this 0 day of
Notary Public, State of rida at Large
iWA&Y PU l'C; :lilt ;,F F' Ow :pia AT 6Aw.
My Comission Explrrs: MY VMIM1Sa0N WIRES MAY 21, 19% �/y
5- I'74
i
OWNER'S LIST
a
Owner' s Name
Mailing Address
Telephone Number -
Legal Description: - " see - e'
Owner's Nape
- •1
Mailing Address - - -ee- - '-� _ - - 33 '=
Telephone Number -
Legal Description: ' lease see
Owner's Nam
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
,1+. 7 96-3798 W. F laQl-= Srr=t _ Tnfc 1 A? 1 nck i One
_:Miami Florida 33134 pl ^ R e. 12 Parn- 42 Psi 1 i e- Pe nrHcz pada-County, F T
Street Address
Legal Description
Street Address Legal Description 37
95- 774
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. i 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-1001 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.
— —ti (Seal)
JOSE M. ALVAREZ, OWNER
OFt,CiAL 70TARY 5LAL
STATE OF FLORIDA } AtiA "ELCA5TiLL0
NOTARY PUBLIC STATE OF FLORIDA
} as C0k!.1i5Si0N' NO CC-',;0 8
COUNTY OF DADE } Ear' F�a ,- x8
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 o=er) that he has authority to execute the Disclosure
of Ownership form on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this
day of , 1994
J
MISSION EXPIRES:
F
FFICIAL NOTAR 5
AI A DEL CA5nLLO
Y PUBLIC 5TATE OF FLORID
%�M�5SIO N 0368
EXP. FE� 996
JOSE M. ALVAREZ, OWNER .�
Z
Notary Public, State
of Florida at Large
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 therecf as recorded in Plat Book 12 at
Page 24 of the Public Records cf Dade County, Florida.
P_arcel_5: The :worth 20' of the East 60' of Lot 24, Block 2
_,
of Stadler Jrove 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.
Xiami, 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, Florida.
,C,L.��c�-- �1 ��C ���ti�`Z- (Seal)
Agent for Owner for the 91.4mi Mental
Health Center, Inc.
STATE OF FLORIDA }
} ss
COUNTY OF DADE }
OLIVIA T. MARTINEZ, being duly sworn, deposand says that she is
the Agent for (Owner ( e -- 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 fora on behalf o the otne
SWORN TO AND SUBSCRIPP �gt
before me this �� Olivia T. Ma.rtinez,
day of 1994. for Owner and for Miami
Mental Health Center, Inc.
MY COMMISSION Notary Public, State of
EXPIRES: Florida at Large
�PPY,°% EDWARD J. WARYAS
COMMISSION r CC 373738
EXPIRES MAY24,1998
9r,Y ,�• _,BONOEO TNRU
'rail
95- 774
AFC" 1 DAV„
STATE OF I'LORIDA�
CCUN7Y Or DADE I ( SS
Befcre -.e -::e _:n,�esigned authority, this day persona::y appeared
Olivia T. `-'ar_ nez, who being by me first duly sworn,
oat!:, deposes and says: J '
-ac st:e .s and ..as been the Exec-st_•;e
"enta. �ea_th Center, Inc. since 198�.
71a—_ the photocopies of her employment and E-_:er
:._ce"se attached. with her signature on the photocopy tocu-I;enz.
true copies cof the originals of such documents.
3. That she, as Executive Director, has been authorized ov
the Scard 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 RESOLU:CIN 94-
94 06, and signed by the President and Secretary cf the
Corporation, herewith attached.
Further Affiant sayeth not.f�
(SEAL,
(Name) Olivia T. Martinez`
Sworn to and Subscribed before me
"his 27t1h day of :^ay, 1994.
No-tary Public, State of Florida at Large
My Commission Expires:
OFFICIAL `OTARY SEAL
FELICIA VALDE5
NOTARY FuBLIC STAiF OF 'FWMDA
COSCMISSION NO. CC253M
MY COV.MISSION EXP JAN. 19,1977
110
95- 774
LIMITED POWER CF ATTORNEY
...____. _ 3.. 3^".
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_.._L `ai.^. s :DI^� a.^.V cz'- r COC:.Tie.^.ems na'�SSa"'i
special Except =n and to =er`orm or exer=-sue an _
a..- .._s ce^a_` i r, carnec-_on ^erew_tn "^r e iimi e^ _
ed ooweY c== ac..=rney s-al_ _- =
dav` of .May, 1994.
BY: �...�`•L L
JOSE M. ALVAREZ
STAT OF FLORIDA )
COUNTY OF DADE )
The foregoing Limited Power of Attorney was acknowledged
before me on this day of May, 1994,,by JOSE M •ALVAREZ, who
is personally known to me.
BARBARA DARIAS'
NOTARY PUBLIC AT LARGE
My Commission Expires: State of Florida
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�5- 774
E JDO►UGLAS L&JEUNE k,LAGLER
ine 30, 1995
)r Clark,
Vice -Mayor Plummer
Commissioners Del'urre, Gort, and Dawkins
Dear Mayor R Commissioners,
I would like to express the neighbors' dismay over the decision made by the Circuit Court of -
Appeal to permit the Miami Mental Health Clinic to move into our neighborhood, overruling
OFFICERS
your decision and our fears.
Cordon Winslow
PRESIDENT
We were never informed of their decision by any of you, nor the Cite Attorney. It is beyond
our comprehension how the City Attorney's office took this case so lightly; your feelings and
Angel Urqulola
ours. Now the appeal period has lapsed.
1st VICE PRESIDENT
We feel our right to a safe neighborhood has been violated. In our opinion, the clinic had no
Iraida Mendez
valid reason to move into our neighborhood since their current area of residence did not
2nd VICE PRESIDENT
endanger the citizen's safety and tranquility (Testimony before the commisssion). Their
surrounding neighbors will be sorry to see them go. Mr. Pablo Canton thought they were
Placido de Besa
wonderful neighbors although he lives in Coral Gables %vhcre such facilities are not tolerated
TREASURER
(His letter in evidence before you). Possibly the City of Miami should enact laws that would
restrict such facilities. The City Attorney stated that Coral Gables has such. (Statement made
Maria O. Medina
to our president by the City Attorney.)
VICE TREASURER
As taxpayers, and citizens of this city, we feel that there is a systematic encroachment of our
HtlanAgtdno
neighborhood as well as other neighborhoods. Residential areas should be maintained
SECRETARY
residential.
Rosa Alvarez
The Commission might consider restricting the zoning for facilities such as health clinics,
VICE SECRETARY
pornography, prisons, and similar types of business to an area strictly for such entities, as not
being "In the Public Interest". (Present legal authority for City Commission.) A similar
MariaR Uria
zoning restriction was developed in Boston, Massachusetts where laws were made to enforce
VICE SECRETARY
this kind of restriction. Let us keep the residential areas just what they are, residential, where
families can live and grow together in safety.
Rod Vallejo
PUBLIC RELATIONS
Commissioner Dawkins said it well during the homeless facility hearing.
He said Miami has more such facilities than all the other incorporated
MartinHrurnon
areas combined. The loss of tax revenues is tremendous. Just from an economic position,
ATTORNEY
restrictions should be enacted.
How much can we take before anarchy reigns and citizens rise as they did in 1776? The price
of liberty is eternal vigilance. And eternally vigilant we shall be.
/ Submitted irate, tho
ul / record in Ct;.lri _ �i;on with
Faun ,P2-1 on
Walter Foeman
XGor
City CitrTaC
Wii}} to , President s �'
"ice , COST OF LIBERTYIS ETERNAL VIGILANCE"
3900 S.W. 2ndTERRACE, MIAAdl, FLORIDA 33134
95-o 774
DOpUGLAS iLe3EUNE FLAGEER
NEIGHBORS & BUSINESS A.SSGCIATIO►N9 INC.
October 17, 1995
Mr. Fred Fernandez, Administrator
City of Miami Flagami N.E.T. Service Center
IFFICERS
455 N.W. 47th Avenue
cordon Rinslo",
Miami, FL 33126
RESIDENT
Dear Mr. Fernandez,
ngel Urqufdla
st VICE PRESIDENT
We were very happy to see the sinkhole that caused the street flooding on S.W.
40th Avenue & 2nd Terrace finally fixed. Thanks to Commissioner DeYurre
raida Mendez
and his visit to our neighborhood, that problem was solved.
nd N7ICE PRESIDENT
We accepted to meet with Estrella Insurance's lawyer, Vicki Leiva, at the
11acidodeBesa
REASURER
Board of Directors meeting on July 20, 1995. After the meeting, it was
discussed and agreed that for a Special Exception status to be acceptable by the
faria0.Medna
neighbors, certain conditions must be met and included in the Special
'ICE TREASURER
Exception that Estrella Insurance is pursuing. The status on this issue is
pending until the public hearing on October , 1995.
Evian Agrdno
ECRETARY
There are several issues that require your help and attention. One issue that we
want to pursue is the cleanup of Fina Gas Station located on S.W. 37th Avenue
'osakarez
& West Flagler Street. This gas station has become an outdoor recreation for
ICE SECRETARY
ICE S
beer and alcohol drinkers as well as a home for the homeless/bums. Mr. Juan
ImiaR I1ria
Flores who is the property owner must be aware of this problem and should
ICE SECRETARY
instigate a solution. It is areas such as this that frightens surrounding neighbors
from freely walking outdoors.
lid Vallejo
JBLIC RELATIONS
Another issue that we would like feedback on is the street STOP signs that we
have requested earlier this year. Mr. Winslow had sent a letter requesting that
�rrfin Hcu►non
STOP signs be placed on S.W. 40th Avenue & 2nd Street, S.W. 40th Avenue
'TORNEY
& 5th Street, and S.W. 39th Avenue & 5th Street. The reason we requested
these signs was because of the heavy traffic that resulted from the closure of
the Coral Gables street, Campina Court. The traffic now circulating those
streets mentioned has increased heavily which could in turn increase the
possibility of accidents. These stop signs would force the oncoming traffic to
slow down. We have not received any update on the STOP signs request.
"TIDE COST OF LIBERTY IS ETERNAL VIGILANCE"
3900 S.W. 2nd TERRACE, MIAMI, FLORIDA 33134
95- 774
One last issue we request information on is the street beautification in our
neighborhood. We were promised trees months ago but we never received
them. Mr. Winslow had also requested trees to be planted throughout our area
in which he had enclosed pictures of certain areas of our neighborhood where
trees could be placed.
Please inform us on the above issues and let us know if further action is
necessary on our part. We are glad to work together with the N.E.T. office to
make our neighborhood a nicer place to live. Please feel free to call me at
work 552-4866 or write to me at my home address at 3901 S.W. 2nd Terrace,
Miami, FL 33134,
Sincerely,
Maria R. Uria
Secretary
CC: Mayor Stephen P. Clark
Vice -Mayor J.L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Victor DeYurre
Commissioner Wilfredo Gort -
Mr. Jose A. Fulgeira
55W 774
JUL • 0• • 01 1 1 ' 53 PM P - 002 P 7 /
Attomeys At Law
2955 S.W. 8 St., Suite 2..04
Miami, Fonda 33135
Tel. (305) 643-2300 t Fax (305) 643-U553
October 26, 1995
' Ms. Teresita Fernandez
The City of Miami
Hearing Boards Division
Miami City Commission
Via facsimile only: 579-6813
1kR: Property address: 3800-3050 west Flagler Street
Date of hearilag: October 26, 1995
Subject: Hearing on remand from the Circuit Court
Appellate Division for a special exception
granted by the Zoning Board and denied by
the city commission
i
Dear Ms. Fernandez;
I represent the Douglas-Le3eune-Flagler Neighbors and business
Association, Inc., With respect to the above matter. The order of
the Circuit Court Appellate Division of October 6, 1995 requires
the City Commission to approve the decision of the zoning board,
which we expect that the Commission Will do at today's hearing.
The Association has exhausted its financial resources as a result
of its apposition to Miami Mental Health Center's relocation to its
neighborhood and it is unable to appeal this decision at this
point.
We continue to be dismayed that a not for profit corporation,
Miami Mental Health Center, Inc., would use its funds, which are in
part contributed by the taxpayers of this City snd County, to wage
a legal battle with this Association representing 40 square city
blocks of homeowners. however, on behalf of the Association, we
thank the Commissioners for their support and urge them to require
strict compliance with the conditions of the zoning special
exception.
Very u1 yours,
Martin L. Hannan
MH/mm
cc: Lucia Dougherty, Esq.
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95- 774