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HomeMy WebLinkAboutR-91-0324a - a-91-398 4/25/91 RESOLUTION NO. 9 1_ 324 A 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 STRUCTURES 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 105871098 NORTHWEST 7 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 8 AND 9, BLOCK 1 AND SOUTH 46' OF LOTS 1 AND 2 BLOCK 2, 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, on February 28, 1991 the City Commission adopted Resolution No. 91-177; and WHEREAS, on March 14, 1991 the City Commission adopted Resolution No. 91-237, to reconsider this item; and WHEREAS, the City Commission after careful reconsideration of this mattes, 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 again affirm the decision of the Zoning Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 1 OF. MIAMI, FLORIDA: section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference 1 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 95000 as amended, the 20ning Ordinance of the City of Miami, Schedule of District Regulatiohs, Page 2 of 6, Principal Uses and Structures 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 2, 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 immediately upon its adoption. PASSED AND ADOPTED this 25th day of ATTES MATTY-HIRAI, CITY CLERK PREPARED AND APPROVED BY: �\Nq� �\ W- G'. MI RI AM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED S TO FORM AND CORRECTNESS: J04G9 F31PANDEZ City ATTORN Y GMM/rma/M2185 �x R .3 e 2 `t LOCATION/LEGAL PZNI2 ZONING FACT SHEET 626 NW 11 Avenue 8 627-699 NW 11 Avenue 4 1058-1098 NW 7 Street Lots 8 b 9 Block 1 and S 46' of lots 1 8 2 Block 2. LAWRENCE ESTATE LAND CO. (2-46) P.R.D.C. APPLICANT/OWNER George C Stubbs (Owner of record) 627 NW 11 Avenue. Miami Fl 'Phone 757-8222 ZONING REQUEST Inter american Engineering Corp. c/o Jorge Laoadrid (Contract to purchase for 627 NW 11 Avenue and Power of Attorney for Interamerican Engineering Corp. 5288 Alton Road Miami, Beach, FL 33140 Phone 864-6321 RO-3/6 Residential Office. Special Exception as listed in Ordinance 95009 as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page i of 6, Principal Uses and Structures to allow the construction and operation of an 189883 sq. ft. extended care facility for 56 substance abuse clients on above site, as per plans on file. 1- 32- ,: PUBLIC WORKS 10' dedication needed for lots 1 .8 2 and a 25' radius dedication needed for lots 1 82 (located in SW corner of 7 Street and 11 Avenue). iAz il- A 25' radius corner dedication needed for lots 8 A 9 0 ocated in SE corner of 7 Street and it !t Avenue. DADE COUNTY TRAFFIC AND TRANSPORTATION No objection. ZOItING BOARD At its ■eating of November 19, 1990, the Zon 38ard's notion to den the above fair by a 4-4 vote which EE CONSTITUTES A.TECSNICAL DENIAL. - Thirty-seven OPPONENTS and two P$ppOBSATS were present at the meeting. Forty- even replies by mail. -A—GA-3-B_ST were received Letter dated November 20, 1990 from Jorge Lamadrid. At its meeting of February 28, 1991, the City Commission denied the appeal. At its -meeting of March 14,;1991, the City Commission adopted Resolution No. 91-237, to reconsider this item. F r ErnN AV trr•aiarssl i..rr„E,,,r.. ST. 1 i arraEn.rt.,rtr Lot a • .., ... ..,AM M.—Wrl Of �14 401 l t'w Zalm TEI Oro WF- . s T ,{ R• 0 on e�c v 'aaooaoe en I ��de seas .s.mo�mm.� �n eveesedv 4en nee vei �rovIris 0000I9 � �omm�iomm�aa��o��<��a� oo miveoeiAll � oeo�,oes ane�4iie � F»�yo �mmumm� �qm �mmm �mmmammm �omomamp:m:: meoo�div �ivomne oonaoviu �m mmmuam� 0mn�m��: �mmmememm cPARK i,t,k;y. g�,-t`$�+� ,�. 3;�•M yn (-�j.ii �G: C'Y r. iG"yS: � jet !',' J'�] �� p�":`ib.. 'k"�' ( t�r G 4 . �.,rt�,�itv:.♦i•.a.✓ru.S' { t t(, 3"21t k ;„.. '�i-''„, 4 i ■ ot lot, ,. aP low fter♦ {u `;y"�ta'ti� `� .e + 4! � r ^"k pE �ry M �Y;� t,�bl�^' f YLf[3 t t r 4 � �+• - .F_ `!Eis...§iv�ri'e�:. .. _.�— �:'.`_.. r � - r' - "--.—•tar•:,-�.,F X+-`•^-•..,n.MTna..., w,+"..;. _ t:' ��. �. i�-r.- aP!1! ry,� < i a 1ca,:•.r?, £,. , tx... ti d:. �Y +t�,9Ae•{; i+.>*.nr..t-+;. tr 7�; t-,trsy k. hv�+ :., a .. y . - ' # - ..a;ar''%�., tr,,:.. Y - r ::. tl�hv �.f34 s+: iz.•i.-a 'A,.sa7S:k5F t...s `�,•<a.Y ^ H.�.?Y�,yY,c,"..4+ �.,�.-,...... w�..:..�-.....w,�S`w+.+4wGrwrw.rr.»„w.w.., �,..-..xt «. s'♦:rt.i. «s,:�.._, ➢rCMs,..1'>.:i4�.••+'a+i ..+h-K....VA'rJ.Y}ai., .� 4 S,j ..r.":?M6li{l` u1.Eif/iw�t3lV.�rr ♦^��J,n..�.y'N'� a.y�p':.ti-. ,,,,,�+ � _ - _�!R .R fi 5lft! `.. �•.x RUl +Y� .r, s_,. .fir+ l �Jrr tom', Ny!�i �♦ !-.. .�• ;�+✓�'}.� - -—r------•{ :-a�\.i r � fr �7i.. ..a.r�•r.m.: ate•• n®P r, .':40 Avic IL i R � �' � ,._.L"; { X"• �.��� y+ 5 r t iaT.Y r� ! '�. ..F ��i tc,+. ♦ .w,"rr.�:F _F.- .xilU!#r.^w .:'fr "!� t w.r - _ a ivkt i + •s . � e Y.tv„ „,r; r � it .�#� �� � ��.�' �'�. �-�•s � F'ry�4t. �' ZT- 4V r0 gl� CITY OF MIAMI, FLORIDA i INTER -OFFICE MEMORANDUM TO MattY Hirai DATE March 25, 1991 V91-257 Cit C1 SUBJECT Resolution No. 91-237, 3/14/91, reconsidering Resolution 91-17�. adopted February 28, 1991 FROM Jo a L. Fernandez REFERENCES Ci At rney Denial of Request for ENCLOSURES Special Exception/Extended Care Facility The attached Resolution (No. 91-237) Commission action on a non-scheduled Agenda March 140, 1991 City Commission Meeting.' By copy hereof to Gloria Fox and the Agenda Office, we' are informing them of the need for early placement on the Agenda for a Planning and Zoning Commission Meeting of the identical measure which originally appeared as Item #PZ-17 on the February 28, 1991 Commission Meeting, Agenda. cc: Mayor -Xavier L. Suarez Vice -Mayor J.L. Plummer, Jr. Dr. Miriam'Alonso, Commissioner Commissioner Miller J. Dawkins Commissioner Victor H. De Yurre Cesar H. Odio, City Managert .V Aurelio Perez-Lugones, Legislative Administrator Sergio Rodriguez, Director - vJ Department of'Planning` Building and Zoning Guillermo Olmedillo, Deputy Director Department of Planning, Building and Zoning Gloria Fox, Chief, Hearing Boards Division Department of Planning, Building and Zoning J-41-257 3/14/91 i:,D�.j d914 •., , • . A PaSaU TION R=MIDERING RESCUMON NO. 91-177, ADOPTED FURUARY 28, 1991" AS ALA► ITEM #PZ-17, IN REGARD TO A REQUESTED SPECIAL MtCEPTION FOR THE OO11 -,11-ION AND OPERATION OF AN EXTENDM CARE FACILITY AT THE FCELOiW33 G ADDRESS (ES) : 626 NORT1*MS"T 11TH AVENUE, 627-699 NO1M1WEST 11TH AVENUE AND APPROXIMMMY 1058-1098 BEST 77H S FM, MUM, FLORIOA; FURTHER DIRECTING THAT THIS ITE K BE PLACED ON THE EARLIEST AVAILABLE CITY cm aSSION mmTnG AGENDA, SUBJECT TO APPLICABLE zcNn G OFMINANCE AND CITY CODE PROVISICNS OQaCEttNING NOTICE TO THE PUBLIC, WITH THE COSTS OF SUCH RECONSIDERATION AND AGENDA PLACEMENT TO BE BORNE BY THE APPLICANT. BE IT RLSCLV'ED BY THE CMMISSICN OF THE CITY OF MUM I FLORIOA: Section 1. The action of the City Commission in its adoption of Resolution No. 91-177, on Febnary 28, 1991, said Resolution appearing as Item #PZ-17 on the Caemission Meeting Agenda for that date, in regard to a requested Special Mweption for the construction and operation of an extended. care facility at the following address(es): 626 Northwest filth Avenue, 627-699 Northwest llth Avwm and Cwwoximately 1059-1098 Northwest 7th Street, Miami, Florida,, is hereby reconsidered. Section 2. This Item shall be placed on the earliest available City Co mission Meeting Agenda subject to applicable Zoning Ordinance and City r Code•.provisicks conce S notice to the public, with the costs of such reconsideration and Agenda placement to be borne by the Applicant. Section 3. This Resolution shall became effective immediately upon its adoption. PAS= AND ADOPTED this 14th day of March , 1991. XAVISR L. S[1AREZ, MA= ATIMs NM i s Hsi Crrr CLIM s I tS i. �5: t` ;j' i fi= I. �r • s s r PAX 373•9759 1 soo 1 w.0921 TtL. t nor t a7a•06l1 INTERAMERICAN ENGINEERING CORP; a..l. s.><•s• 1 ): 1;f 2n P O y .r too •. s. *no AVKNU[ • •UITS 702 ! 04IAM1. FLORIDA 321111 November 20. 1990 Gloria Fo3i Planning i Zoning Boards Administration Deportment 275 IN Wo 2nd 3t•rset / P.O. Box 330708 Miami. _Florida 33233-0708 Dear No. Fos. { I ., respet-tfully zequost an appool of our psaposal ; to 3 the.City Coawission. This was item $2 of the Zoning Board sooting of November 19. This item has-been staff rememondod by the City of Miami subject to a . on (1) year review after the issuance of the ? certificate of occupancy, and five t3) day maximumstay fair - cl i enta . _ 4 I; -am mskivy this request to be heard in 3sont of the Cow»tission ,baoeuse, I fool that the technical denial as o 'rosult of a s to s vote of the Zoning Board is,inccnclusive. • a Thnk YO1<t . n l y, ro:yy �' L�aa�dsid 3� f4 } PwW x�X 4psn APPLICATION FOR A CLASS 0 SPECIAL PERMIT OR SPECIAL EXCEPTION File Number OSE-83-......_ Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this aidinance 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 Zoning Ordinance, and, in particular, to protect cooining properties and the neighborhood from avoidable potentially adverse of f eels, tt is further intended that the expertise and judgement of the Zoning Board be exercised in mddng such determinations, in accordance with the rules, considerations and limitations relating to Class D Special Permits and Special Exceptions. (See Article 26J Formal public notice and hearing is not mandatary for Class D Special Permits, but is mandatory for Special Exceptions. lh other respects, these classes of special permits are the same. The Zoning Board shall be solely responsible for determinations on applications for Class D Special Permits and Special Exceptions. AU 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. 1, Jor e S. Lamadrid hereby apply to the City of Mien ' ing Board for approve o , check ones _ Class D Special Permit Special Exception for property located©: Lts. 8 do 9 Lawrence Estate Land Co. 5ubdivis on 4b Miami. according t of the public records of Dade County, 6 S 46' of Lots 1 S 2, Bilk - Nature of Proposed so (Be specific) Construction and operation of a substance abuse detoxification facility fo 5Oolients and 7 staff w (shift only) with an outpatient/aftercare program according to the Dept. of Health and AEhabilitative Standards and the Joint Commission on Accre- ditation of Hospitals Alcohol and Drug Abuse Facilities requirement stds. Form 1 "3 0 1 attach the following in support or explanation of this application: E 1. Two surveys of the property prepared by a State of Florida Registered Land Surveyor. 2. Four copies of: 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. Sao 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 37S' radlous 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 O (b) Special Exception (c) Surcharge equal to applicable fee from (a) or (b) ve not to ex o be refunded if there Is no appeal (City C e Secti 2-61). Signature or ut iz gent Name Jorge Iamadrid Address 5288 Alton ,Road Clty, State, Zip Miami Beach, Fla. 33140 Phone 305-864-6321 STATE OF FLORIDA) SS: COUNTY OF DADE ) .�urv-G �r1ir► i� being duly sworn, poses and soya that he is(Owner) (authorized agent of tFWreal property described aibove; that he has read the foregoing answers and that the same are true and complete; and (if octing 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 91- J 7 LU-......,(SEAL) (NMe) SWORN TO AND SUBS BED befo a me this /day off• ar e of F loricla at Large MY COMMISSION EXPIRES: ' FLORIDA.111 rwuc tip. c R f�NIgI00 tip. OEC. �.1011 v c smo 11l URINAL INS. M, F • l Form I U3 Page 3 of 3 324 TRH i STATE C:' : l.Iw=A ) SS. t'Ai= OF DAB ) - Before me. W e =erstaned a\utnority, t:s days Pe-` SMILUT appearc : d who mo.. r ft e f duly swor:p.. q= oath, deposes ate says: 1. That he is the -mew, or the legal r_preserrrrative of the owner, mtmlting the acemp aging apps.ication for a public heaftzZ as re*dred by Ordl&=e No. 9500 of the Code of the City of Miaed, Floei a, effecting the real property located in the City of Miami as described and Lated on the pages attached to this affidavit arm Cade a part thereof. 2. That a3.1 owners which he represents. !X any, have given their = and complete permission for him to act in their behalf for the &jr:ge or modifl cation of a classificaticm or regulation of zoning as set out iZ r 3. That the pages attached hereto and made a pare of this affidavit contain the =T= names, "ai-� addresses, phone mu:aber s and UPI deacripciarzs for the real prapercy► 4d ch he is the awmer or legal representative. 4. The facts -as r�epxes�ated in the application and docks submitted in conjunction with this affidavit are true and correct Further Af:larrr sayeth not. SEAL) Sworn to and Su scritmed before me this 3 day of , Q- N F .�.c, Staid of Florida at G OW W S LIST OYlfte:" ` s game Nsi 1 inc Address _ � e l eonone Nusmer 4_1 -- .9Qal :escrlot2cn: 4-G' Lv4s i % 2 Owner's Name Mailing Address ► i -" A10e___ w� ..►-• Telephone Number_ Legal Description: 5 I. 811712 5. Owner's Name k+re r Sp' 04- 1 o-�-S S � Q c,o. Sv\ Ca -4-(.) v+-,e r . .0-4, -CA Cc"C Mailing Address_�S-o SC- Ate. -j�- :I10 Z Vv` t eev% 1 Telephone Number 31 -�j G Z 5 3 Legal Description: 'too" o C.o As�- (�Rrw.e.►..-art L fib • J Jb _ CA c�, L /1-4 �- Any other real estate property owned .individually, jointly, or severally (b ti i i 1 % withi 375' of the subject y corpora on, rartnersh p or pr vats y n site is listed as follows: Street Address Legal Description W LAA. - �s "os go . S, S �N4Co %e,.►,...e�. o�.c.�•�� Street Address Legal Description Street Address Legal 0escription,� 91- 324 yW DISCUSURE OF OWEILRIP 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 ded int o0k 2 a e 46, of th Public REco d Dade County, Fla. AlowneL s� ofbsu6jec+ fe� property and percentage o ownership. Note: City of Miami ordinance No. 9419 requires disclosure of all parties axing a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 62 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. Srubbs (see contract for affidavit/Pow of Atty 626 hIW llth Ave. - Jorge Lamadrid owner of record corner of llth Ave & NW 7th Street - Interamerican Engineering Corp. (see affidavit and power of atty.) ��•w awn �-��e%v� � � �rc� — D"/• 3. Legal description and street address of any real propezt•r (x) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. . �z� riw ► t �► ,��e.. (��•c� \o A l004•l l.a.w", ��1._�e z ,. � Ca-SL STATE OF FLORMA ) SS: COMM OF DADE ) being duly sworn, deposes and says that is the ,wner 4WnrF) of the real property described in answer to question #1, abovet 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. L 9??A . 0 (SEAL) SWORN TO AND SQ6SC1iI8ED before me this Apr day ot_, 9�4. P i7 1 7 • . I/ t . ��iii1��� �Qt1F� �l�1� ilAt� 4i %�41►106 JONK; tell glElsk Ps, , STATE Cp FL PIDA ) SS: CbtT M OF DADE ) • , ing duly sworn deposes and Obi eays at e _ e duly appoint _ of the owner of the real property described in answer to question nt aw4jej that he has read the foregoing answers that the same are true and com- plete$ and that he has the authority to execute this Disclosure of Owner- ship form on behalf Of the owner. SWRN M AM SUBSCRISED before this J s day of MY CQMMISSIC I WIRES: MARY PORIC STAR OF FIONIOA :Y COSH N141 Ix►. "I. 5,1M • CrIN OF MIAMI, FLORIDA INYER43FFICE MEMORANDUM 1 u�5y TO: Guillermo L. Olmedillo DAMOctober 309 1990 nit, Deputy Director Planning, Building do Zoning Dept • suuccr, Special Exception for — ( 0�_ if L_ rhom. se A. Genuardi, 4P.- Extended Care Facility at 626 N.W. 11 Ave. 627-699 N.W. 11 Ave. _ RereRemcce, and 1058-98 N.W. 7 St. in Administrator 9"CLOsuR68: 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-3/69 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:. Nursing home or extended care faeilityr "A nursing home.or 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 1f management to provide for a period exceeding twenty-four } (24) bourse maintenance, personal care, or nursing for three (3) or more persons not related by blood or marriage to the operator, who by reason of illnese, physical infirmity, or advanced age are unable to care for themselves". Hospital: "An institution having an appropriate license or p Certi,fidate of Need issued by the State of Florida and providing primary health, medicial, or surgical ears to F t t