HomeMy WebLinkAboutR-94-0707G
J-94-630(a)
9/22/94
RESOLUTION NO. 9 4 - 707
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND GRANTING THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL,
CONDITIONAL PRINCIPAL USES, TO ALLOW A HEALTH
CLINIC AT 3080 WEST FLAGLER STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL, AS PER PLANS ON FILE, SUBJECT
TO: (1) A TIME LIMITATION OF TWELVE (12)
MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED; AND (2) A PATIENT SCHEDULING POLICY
ACCEPTABLE TO THE DEPARTMENT OF PLANNING,
BUILDING AND ZONING.
WHEREAS, the City of Miami Zoning Board at its meeting of
July 18, 1994, Item No. 6, duly adopted Resolution No. ZB 70-94
by a nine to zero (9-0) vote, to grant the Special Exception,
subject to approval by the City Commission, as hereinafter set
forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, requires City Commission
approval of the Special Exception, as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter, finds that the requested Special Exception, as
conditionally approved by the Zoning Board, meets the applicable
CITY COU MISSION..
MEETING OF
S E P 2 2 1994
Resolution No.
94- 707
requirements of Zoning Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Zoning Board
conditionally granting a Special Exception as listed in Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, Article 4, Section 401, Schedule of District
Regulations, R-3 Multifamily Medium -Density Residential,
Conditional Principal Uses, to allow a health clinic at 3080 West
Flagler Street, Miami, Florida, also described as Lot 49, SAGINAW
PARK, as recorded in Plat Book 4 at Page 4 of the Public Records
of Dade County, Florida, zoned R-3 Multifamily Medium -Density
Residential, as per plans on file, is hereby affirmed and the
Special Exception is hereby granted, subject to: (1) a time
limitation of twelve (12) months in which a building permit must
be obtained, (2) a patient scheduling policy being approved by
the Department of Planning, Building and Zoning.
94- 707
-2-
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 22nd day of September 1994.
1 ST PHEN P. CLARK, MAYOR
ATTEM
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
� M hav�
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A, QU ' N J S, III
CITY TTO
GMM/ms/bs /M4807
94-- 707
-3-
ZONING FACT SHEET
LOCATION/LEGAL 3080 West Flagler Street
Lot 49, SAGINAW PARK (4-4) PRDC.
APPLICANT/OWNER West Flagler Pain Care Inc., A. V. Leiva, Esq.
a Fla. Corp.
3080 West Flagler Street 701 Brickell Ave. #1710
Miami, Florida Miami, Florida 33131
643-9533 347-3818
ZONING R-3 Multifamily High -Density Residential.
REQUEST Special Exception requiring City Commission approval as listed in Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section
401, Schedule of District Regulations, R-3 Multifamily Medium Density
Residential, Conditional Principal Uses, to allow a Health Clinic; zoned R-3
Multifamily Medium -Density. This is a companion to item #4.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval with conditions.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION F.D.O.T. permit required.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A.
Ticketing Action: NIA
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: N/A.
HISTORY Continued fromthe Zoning Board Hearing of July 11, 1994; Res. No. ZB 58-94 by a vote of 8-0.
ANALYSIS The proposed health clinic is a compatible use within this area; it is located along a major
arterial roadway and will be beneficial to the area by providing a needed service as well. The
lack of parking could, however, become a problem during busy clinic hours. Based on these
findings, the Planning, Building and Zoning Department is recommending approval with the
condition that the parking deficit problem be satisfactorily resolved in the accompanying
variance request.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Granted for twelve (12) months in which a building permit must be obtained. i(Res.
No. 70-94)
94- 256
Page 1 July 18, 1994
94- 107
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� 9 4 - 707 =�
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ZB 07/27/94
Mr. Gary M. Carman offered the following Resolution
and moved its adoption.
RESOLUTION ZB 70-94
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD
RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE
SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, CONDITIONAL
PRINCIPAL USES, TO ALLOW A HEALTH CLINIC AT 3080 WEST
FLAGLER STREET MORE PARTICULARLY DESCRIBED AS LOT 49,
SAGINAW PARK (4-4) PUBLIC RECORDS OF DADE COUNTY; ZONED
R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL. 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.
Upon being seconded by Ms. Gloria Basila
the motion'was passed and adopted by the following vote:
AYES: Mses. Basila and Morales. Messers.
Carman, Barket, Crespo, Luaces,
Moran-Ribeaux, Sands and Milian.
NAYES: None.
ABSENT: Ms. Hernandez.
Ms. Fernandez: Motion carries 9-0.
July 18, 1994
Zoning Board
Item# 5
94- 707
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
'-�;tT-erdtisfied by relevant evidence in the record of the public
hearing.
a) as stated in the City,s findings of fact, or
aas 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 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 premises, with particular
reference to traffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
9
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 Drainace
Due consideration shall be given for drainage, with
particular reference to effect on adjoining and nearby properties
and on general drainage systems in the area. Where major
drainage volumes appear likely and capacity of available systems
is found marginal or inadequate, consideration shall be given to
possibilities for recharge of groundwater supply on the property,
temporary retention with gradual discharge, or other remedial
measures.
1305.7 Preservation of natural features.
Due consideration shall be given to provision for the
preservation of existing vegetation and geological features
whenever possible.
1305.8 Control of potentially adverse effects aenerally.
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 tho 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.
S gnatu .
Date
94- 707
Ti-pm
APPLICATION FOR SPECIAL EXCEPTION
File Number
-.r
4ithin the City generally, or within certain zoning districts,
certain structures, uses, and/or occupancies specified in this
ordinance are of a nature reduiring special and intensive review
to -determine whether or not they should be permitted in specific
iocationi, and if so, the special limitations, conditions, and
safeguards which should be applied a$ 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 Department
of Planning, Building and Zoning for his recommendations and the
director shall make any further referrals required by these
regulations.
Kwest Flagler Pain CarheerCt tearp¢i'I"the City of Miami Zoning Board for
approval of a Special Exception for property located at Soso W. Fla ale r St.
Nature of Proposed Use (Be specific) Medical Clinic (Acupuncture Pain.
Medical Doctor)
In support of this application, the following material is submitted:
x I. Two copies of A. survey of the property prepared by a State of Florida
Registered Lend Surveyor.
Four copies of: the site plan showing (u required) property boundaries,
existing (if any) and proposed structure(s),, parking, landscaping
etc; puilding elevations and dimensions and- coaputatiens of lot area
and,puilding ipacing.
3. Affidavits disclosing ornership of property covered %I application and
disclosure of interest fora (attach to application).
x d. Certified list of owners of real estate within a 313•fe>Dt radius of the
�. outside Mundaries of property covered by tM application.
X— !. At toast two photographs that shod tM entire property (land and ie mt-
ments).
fthor
t. Fee of f to apply toward the cost of preceasimgt 9 4 _ 707
Special Exception .......................... $650.00
Surcharge equal to applicable fee from item above,
not to exceed six hundred and fifty dollars (f650)
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 (37S) feet of the subject property.
(City Code - Section 62.61)
West Flagler Pain Cie Ce ter, Inc.
Signature ,.L��• ��:' I
QV► or Authorizit Agent
Name Marty Cohen, President
Address 3080 West Flagler St.
Miami, F1
Phone 643-95 3
STATE OF FLORIDA)
SS:
COUNTY OF DADE ) - —
rL bainq duly sworn, deposes and says that he is the
(S%0)(Authorir Agent of Owner) of the real property described in answer to question 11
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.
(Name) Marty 6ohen �� f
Gp
SWORN TO ANO
before L thi=da Of
My conission Expires:
-
NQtaPy 1 ate et Florida at Large
• 94 707
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before at, the undersigned authority, this day personally appeared
Marty Cohen, President of West Flagler Pain Care Center, Inc.
who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owW, 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 his to agLin their behalf for the change or modifica-
tion of a classification or regulation of toning 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.
0. TM Pasts at represented in the application anal documents submitted
in conjumtiee with this affidavit are true wool eorfect.
Further Affiant sayeth not. '
av'Gjv (SEAL
(Nm) ! PArttyyico en
Sworn to and Subscribed before a
this do of
Notary hdesta of Florida at hsaye
13
94- 70'7
j OWNER'S LIST
(({ Owner's Name West Flagler Pain Care Center, Inc.
Mailing Address 3080 West Flagler Street
Telephone Number 643-9533
Legal Oescription: Lot 49, Saginaw Park, PB 4/4
Owner's Nay/
Mailing Address
Telephone Number
Legal Description:
I
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 37S fat of the subject site is listed as follows:
Strut Address Legal Description
None
Street Address
None
14,
Street Address
Nom
LgG1 Description
Le"I %SCM000 9 4- 707
DISCLOSURE OF OWNEASMIP
1. Legai description And street address of subject real property;
Lot 49, Saginaw Park, PB 4/4, Public Records of Dade
County, Florida
3080 West Flagler Street
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 rpuirss 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 Coaalission. Accordingly, Question 02 requires disclosure of
shareholder of corporations, beneficiaries of trusts, end/or any other interested
parties, together with their addresses and proportionate interest.
West Flagler Pain Care Center, Inc. - 100t Ownership.
4Mam4y CA". UA-4.
3. Legal description and street address of any real property (a) owned by any party
listed in answer to Question 12, and (b) Located within 315 feet of the subject
real property.
West Plagler Pain Care Center, Inc.
AMMOR AZ=NW FOR OWNER
Marty Cohen, Preside
STATE Of FLORIDA } W
COUNTY OF UK }
Marty Cohen ,being duly sworn, deposes and says that he is tM
( }I 1 1, of tM real property dosaribOd in WftV to question It,
whore; the • e regoing answers and that the Savo are from and e10104:
VW (if acting as attorney for owner) that he has authority to eitowto tM Oiselosero
of Ownership fey! awl Wulf of t" ow m.
944z__ (SUL)
ty
SMOMO TO ANO SlN3CR r : � �
before aw thl ' ,,K;��• �NCsr,, `•ar��N
do# of
•
N,r co�,ssia� �rt�ss:
94— 707
105