HomeMy WebLinkAboutR-91-0177A RESOLUTION DENYING AN APPEAL FROM AND
AFFIRMING THE DECISION OF THE ZONING BOARD TO
DENY A SPECIAL EXCEPTION FROM ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 2 OF 6, PRINCIPAL USES AND
STRUCTURE$ TO ALLOW THE CONSTRUCTION AND
OPERATION OF AN 18,883 SQUARE FEET EXTENDED
CARE FACILITY FOR 56 SUBSTANCE ABUSE CLIENTS
FOR THE PROPERTY LOCATED AT 626 NORTHWEST 11
AVENUE, 627-699 NORTHWEST 11 AVENUE, AND
1058-1098 NORTHWEST 7 STREET, MIAMI, FLORIDA,
ALSO DESCRIBED AS LOTS 8 AND 9, BLOCK 1 AND
SOUTH 46' OF LOTS 1 AND 2 BLOCK 21 LAWRENCE
ESTATE LAND CO., AS RECORDED IN PLAT BOOK 2
AT PAGE 46, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, AS PER PLANS ON FILE; ZONED
RO-3/6 RESIDENTIAL OFFICE.
WHEREAS, the Miami Zoning Board at its meeting of
November 19, 1990, Item No. 2, following an advertised hearing,
failed by a tie vote (4-4) to approve or deny the requested
special exception, thereby resulting in the Board's technical
denial; and
WHEREAS, the applicant has taken an appeal to the City
Commission from the Zoning Board's decision; and
WHEREAS, the City Commission after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to deny
the appeal from the Board's action and to affirm the decision of
the Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1.
The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Zoning Board to deny a
special exception from Ordinance 9500, as amended, the zoning
awe, - ~e
r�T
ROSeR BY
CITY 5 QN
MEEMG OF
F k B 28 1991
91 17
Ordinance of
the
City of Miami,
Schedule of District Regulations,
Page 2 of
6,
Principal Uses and Structures to allow the
construction
and
operation of an 18,883 square feet extended care
f$
facility for
56
substance abuse
clients for the property located
}:
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at 626 Northwest 11 Avenue,
627-699 Northwest 11 Avenue and
<F.
1058 -1098 Northwest
7 Street,
Miami, Florida, also described as
Lots 8 and 9, Block 1 and South 46' of Lots 1 and 2) Block 2,
31
ii
LAWRENCE ESTATE LAND CO., as recorded in Plat Book 2 at Page 46,
of the Public Records of Dade County, Florida, as per plans on
file; zoned RO-3/6 Residential Office, is hereby affirmed and the
special exception is hereby denied.
Section 3. This Resolution shall become
immediately upon its adoption.
PASSED AND ADOPTED this 28t1
ATTE
MAT HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
G.'MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. 7ARNANDEZ
CIT TTO EY
GMM/rma/M1928
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effective
1991.
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Submitted into the publi
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record in connection with
THE REPUBLIC
2
� item z -i on
APPRAISAL CO.IIy INC.
�f February 7, 1991 City CYAM thaaAw,
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Mr. Jorge Lamadrid Miami,p.33129
306.4W706
tem�c,q.33617
s13�9ee-r474
Interamerican Engineering Corporation 3054U-2606 Fax
e13-M-OM Fax
150 SE Second Avenue, S-602
Miami, Florida 33131
1
Re: Study of Probable Effect on Market Prices
in the
Neighborhood After Construction of: Victory
Center, a
Substance Abuse Detoxification and Treatment
Facility
located at 1098 NW 7th Street, Miami.
Dear Mr. Lamadrid:
Pursuant to your request of December 1990 ragarding
the
referenced matter, please be advised as follows.
I reviewed the rendering and program overview of Victoria
Center provided by your office, and found close similarity in
physical plant and treatment programs with other centers found in
the Metropolitan Area, such as Saint Lukes Treatment Center,
Glenbeigh Hospital, and The Village Treatment Center.. The
neighborhoods are similar commercial\ residential in nature.
Subsequently, I researched sales in each of the above indicated
comparable neighborhoods in order to ascertain evident trend in
prices and determine if existance of the treatment centers have
proved detrimental to the real estate market in each
neighborhood. A summary of findings tabulated below indicate an
evident upward price trend in each neighborhood. Photographs,
tabulation of comparable sales, and location map for each
neighborhood are included overleaf.
Tabulation: Summary, price trend in the neighborhoods researched
Percentage of Sales That Show Price
Neighborhood Increase No Change Decrease
Glenbeigh Hospital 69 8 23
Saint Lukes Treatment Center 100 0 0
The Village Treatment Center 73 9 18
Averages 80.67 8.50 20.50
Additional investigations found that after construction of the
Glenbeigh Hospital, 'a Catholic School was established right next
to the hospital. Confirming evidence that substance abuse and
detoxification treatment facilities are not detrimental and/or
a negative influence to the children wi ch all must agree are
• more important to the community than real estate iprices.
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Finally, a similar research into the price trend at the subject's
neighborhood was made (details overleaf)o with finds similar to
all other neighborhoods researched. Percentage of sales that
show price increase is 64%, no change 14% and price decrease 21%.
In short, the subject neighborhood is no different from other
sectors of the Metropolitan Area regarding real estate prices .
Based on the above fi ings I conclude that no negative impact on
the real estate marke sho d occur in the subject neighborhood.
On the contrary, t pr 'ect should stimulate/promote growth in
the sector.
Cordially, / .k /,
Gabrie Garda'=M
State ertifled
Master of Engine
ey1. , MAI
/Estate Appraiser No. 0460190
g (Civil)
Submitted into the pu�;llc,
record in connocticn with
item?4-' on
Natty Hirai
City Clerk
91-- 177
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LOCATIONXEGAL
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RECOWENDATIONS
PLANNING DEPART14ENT
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DADE COUNTY TRAFFIC
AND TRANSPORTATION.
ZOKM BOARD
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10' dedication needed for tote 1 i 2 and a 25'
radius dedication needed for lots 1 A2 (located
in SW cornea of 7 Street and 11 Avenue).
A 2S' radius corner dedication needed for lots 8
a 9 (located in St corner of 7 -Street and 11
Avenue.
No objection.
At its mating of November 199 1990; the
Zoning Board's motion to deny the above'
failed by a 4-4 vote which MRZ
CONSTITUTES A•TZCMCAL DMAL.
Thirty-seven OPPONENTS and two PROPONZATS
were present at the meeting.
Forty-seven replies _ were received
by mail,
Letter dated November,'20. 1996"frON,
Jorge Lamadrid
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APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPT,- ION
File Number DSE•83-
Within the City generally, or within certain zoning districts, certain structures, uses,
and/or occupancies specified in this ordinance are of a nature requiring special and
intensive review to determine whether or not. they should be permitted in specific
locations, ,and if so, the spacial Umitations; conditions, and safeguards which should
be applied as reasonably necessary to promote the general purposes of this toning
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 masking such determinations, in
accordance with the rules, considerattons and limitations relating.to Class D Special
Permits and Special Exceptions. (See Article Zd.)
Formal public notice and hearing is not mandatary for Class D Special Permits, but is
mandatory for Special Exceptions. In other respects, these classes of spectal permits
are the same.
The Zoning Board shall be solely responsible for determinations on. applications for
Class ,D Special Permits and Special Exceptions. All applications in these classes of
special permits shall be referred to the director of the Department of Planning for his
recommendations and the director shall make any further referrals required by these
regulations..
t, Jor e S Lamadrid hereby apply to the C'tyr of
MiWroval o , check one;
Class D Special Permit
x Special Exception
for property locoed at: Lts. 8 & 9 Lawrence Estate Land Co. Subdivision
Miami. according to tne plary Viereor, g, 46
of the public records of Dade County, & S 46' of Lots 1 & 2, -Blk 2. PB 2/4
Nature of Proposed se (Be specific) Construction and o ration of a substance
abuse detoxification facility fo 50clients and 7 staff
(shift only) with an outpatient/aftercare program according to the Dept,
of Health and BEhabilitative Standards and the Joint Commission on Accre-
ditation of. Hospitals Alcohol and Drug Abuse Facilities requirement stds
IQ of
��naed mac,, l:
Form 1 "3
Page l of 3
I attach the following in support or explanation of this application:
1. Two surveys of the property prepared by a State of Florida Registered Land
Surveyor.
2. Four copies oft site plan showing (as required) property boundaries, existing and
proposed structure(s), parking, landscaping, screening, etc; building elevations (if
required) with dimensions and computations of lot area (gross and net), LUI ratios
(open space, floor area, parking, etc.), building spacing and height envelope.
See Section 2304.2.1(c).
3. Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application.).
4. Certified list of owners of realestate within 375' radious from the outside
boundaries of property covered by this application. (See Form 6-83 and attach to
application). '
S. At least two photographs that show the entire property (land and improvements).
6. other (Specify)
7. Fee of $ , based on following:
(a) Class D
(b) Special Exception
(c) Surcharge equal to applicable fee from (a) or (b)LV*ot to ex o
be refunded if there is no appeal (City C e Sect1).
SignatureC.
or ut ri=ed Agent
Name Jorge hamadrid
Address 5288 Alton Road
City, State, Zip Miami Beach, Fla. 33140
Phone 305-864-6321
STATE OF FLORIDA) SS:
COUNTY OF DADE )
. f-E being duly sworn,
deposes and says that he is t(Owner) avt i agent of tFWreol property described
above; that he has read the foregoing answers and that the some are true and complete; and
(if acting as agent for owner) that he has authority to execute this application form on
behalf of the owner.
Form 10-0
Page 2 of 3
MY COMMISSION EXPIRES: `
•1
o e o Florida at Large
WART FOLIC STATE OF FLORIDA
sy wu:UION EBF. DEC. 1.I911
JMD TOO UNIAL INS. NND.
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a�avr'r — ----
SWE CF r,.-;FDA)
SS.
C=V"1y Cr DAM )
Before one. t e urdersi fined autnority, t:.s day pe."3022.11y
appeared who te:L-4 M.P me r: duly swC!m.
upon oath, deposes and says:
1. That he is the owner, or the legal representative of the
owner, submitting the accai pmwing application for a public hearing as
rewired by Qrd3nance No. 9500 of the Code of the City of Miami. Fiarelda9
effecting the real prommy located in the City of Minad as described and
listed on the pages attached to this affidavit and Cade a part thereof.
2. That all owners which he represents. if any, have given their
full and complete permission for him to act in them behalf for the change
or modlficatiaa of a classification or regulation' of zoning as set out in,
the accoganying petition.
1
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses, ph=e miml ers and
legal descriptions for the real property which he is the owner or legal
representative.
4. The facts -as represented in the application and doc=e=
submitted in conjunct ion with this affidavit are true and correct.
F=TA r A:f art sayeth not.
Swom to and Subscribed before me
this 3\QV
day of _ 9�0,.
..Y"�I1,LGZ
Nwr s-,r Pub2ic, State of Florida at Large
IOTAAY PYILiC STATE OF FLOOIOA
Rf C adS3i= Expires: MY COmosiol EXP. low. $1109O
Mai 1 i nn Address 1
eleonone Number 30C 16to4—(o3Z1
2
..ega i �escrl of ; an: �
• c.,,,,,1-,-c�.c..� fro � �..(t•c..it.)
e�
Owner's N.
Mailing Address % �.? nl .J 1 �" �v,_ =^ '
Telephone Number "15 • 8 ZZ'L
Legal Description:
Owner's Na-�+•a� ,rr C�
Mailing Address � , Q S 2..1 A..o-.. 4—, Ih'Z VA er"A i
Telephone Number 31 '2, G "7 J 3
Legal Description: to p o f Lo �S 8
�.a,w re�.•.Jz c i��es L.c� �.� C. o . ��" _ CP e, 2- I Z { to>
Any other real estate property owned .individually, jointly, or severally
(by corporationg partnership or privately) within 375' of the subject
site is listed as follows:
Street Address Legal Description
�Z. t.:�. Cc..w► i►-v�c,� �o Q u n,� 1 —
Street Address j Legal Description
Street Address Legal Description'
DISCLDSURE OF CWNEMNIP
1. Legal description and street address of subject real property:
Lots 8 and 9, Block 1, Lawrence Estate Land Co, Subdivision, according
to the plat thereof, as recorded in Plat Book 2, Page 46, of the Public
records of Dade County, Fla. and the South 46 feet of lots 1 & 2, Block
2, Lawrence Estate Land Co. Sub., according to the plat thereof as
reco d+eddin l t book 2 a e 46, of th Public SEco d bade County, Fla.
Owrret s� of subject tie i property and percentage of � ownership..
Nate: City of Miami ordinance No. 5419 requires disclosure of all parties
iia7v ng 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 all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
627 NW llth Ave. - George C. STubbs (see contract for affidavit/Pow of Att
626 XW llth Ave. - Jorge Lamadrid owner of record
corner of llth Ave & NW 7th Street - Interamerican Engineering Corp.
(see affidavit and power of atty.)
3. Leval description and street address of any real propett•r (.A)
owned by any party listed in answer to question #20 and (b) located within
375 feet of the subject real property.
loz" Kw t M rQ--e- w ; \ ,/1� ioo�c-1 �,�,14�2� i.05L
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ATMrRVgEY E OR
STATE OF FLORIDA ) SS:
_ COUNTY OF DADE )
Ar
a , being duly sworn, deposes and
says that he is the (Cwner) (Oblumcp Ow fwrr) 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 this Disclosure of Ownership
form on behalf of the owner.
(SEAL)
amQ
SWDR1 TO AND SUBSCRIBED
before me this /I
day of AW
NCtWry " . o
Florida at •9-- 177
M)l C ISSION WIRES:
19Tpt ►46LIC SEAT; Of :LGR1aA 1
'I tlr 0"ISSION f", pfc. $,tool / 1.
�G1PEQ lNAy tE/ERAI .•NS. JND. +
(over)
U
ro. Guillermo L. Olmedillo DAM October 30, 1990
Deputy Director
Planning, Building & Zoning Dept. suuccT: Special Exception for
Extended Care Facility
at 626 N.W. 11 Ave.
627-699 N.W. 11 Ave.
FROM:Wse'A. Genuardi, P. R[F[R[NCu: and 1058-98 N.W. 7 St.
ministrator
[NCLOSURIM
This is to confirm that the proposed facility at subject location is classified as an Extended Care Facility and not a CBRF.
It is not a CBRF, in that, it is not operated as a residential
facility with' a' homelike atmosphere and become part of the
community:- The patients will be referred to the facility by
hospitals, clinics or physicians and.will be receiving medical
_ care from resident physicians for a period of approximately 28
days or less. A CBRF usually is for much longer periods and does
not provide medical care.
Also, as in a hospital or nursing home, the patients in this
facility will be confined to the premises and may not leave until
they are discharged. In a CBRF they are free to come and go each
day.
After treatment at this facility, it would be recommended that
they then enter a drug or alcohol rehabilitation residential
facility (CBRF).
The district is zoned RO-3/60 which permits uses permitted in an
RG-3 district.
Among the uses permissible by special exception are; hospitals,
convalescent homes and nursing homes.
The definition of a nursing home and hospital in Ordinance 9500
is as follows:
r
Nursing home or extended care facility: "A nursing home or
n�
extended care facility is a private home, institution,
building, residence, or other place, whether, operated for
profit or not, including those places operated by units of
government, which undertakes through its ownership or,
management to provide for a period exceeding twenty-four,
(24) hours, maintenance, personal care, or nursing for three
(3) or more persons not related by blood or marriage to the
operator, who by reason of illness, physical infirmity, or
advanced age are unable to care for themselves".
Hospitals "An institution having an appropriate licsnae mr.
Certificate of Need issued by the State of Florida all
providing primary health, a►edicial, or aurgisal c o
.,. h
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