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HomeMy WebLinkAboutR-91-0776J-91-808(b) 10/24/91 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, ZONING DISTRICTS, SCHEDULE OF DISTRICT REGULATIONS, PR PARKS, RECREATION AND OPEN SPACE, TO ALLOW A REDUCTION OF THE REQUIRED SIDE SETBACKS FROM 10' TO 5' FOR THE PROPOSED PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER), FOR THE PROPERTY LOCATED AT APPROXIMATELY 981 NORTHWEST 2 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 7-14 INCLUSIVE, BLOCK G, RIVERVIEW, AS RECORDED IN PLAT BOOK 5 AT PAGE 43, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ZONED PR, PARKS, RECREATION AND OPEN SPACE, SUBJECT TO THE CONDITION THAT THE FOLLOWING FOUR (4) ISSUES SHALL BE RESOLVED PRIOR TO NOVEMBER 14, 1991 OR THE APPEAL FROM ZONING BOARD RESOLUTION NO. ZB 58-91 SHALL BE BROUGHT BACK TO THE CITY COMMISSION FOR ITS REVIEW: (1) RELOCATE SERVICE ENTRANCE AND LOADING DOCK AWAY FROM VICTORIA HOSPITAL; (2) RELOCATE TRASH RECEPTACLES AWAY FROM VICTORIA HOSPITAL; (3) PROVIDE A LANDSCAPE BUFFER; AND (4) THERE SHALL BE ONLY ONE ENTRANCE TO THE PUBLIC CLINIC ON NORTHWEST 3RD STREET. WHEREAS, the Miami Zoning Board at its meeting of September 23, 1991, Item No. 5, duly adopted Resolution ZB 59-91 by a seven to one (7-1) vote, denying a variance as set forth herein; and WHEREAS, the Dade County Department of Development and Facilities Management has taken an appeal to the City Commission from the denial of the variance; and CITY CC MDMSSION MEETING OF 0 CT 24 1991 WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the zoning Board, finds that there are peculiar circumstances affecting this parcel of land and that practical difficulties and unnecessary hardships exist which would impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; 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 Miami Zoning Board in this matter is reversed and the request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Zoning Districts, Schedule of District Regulations, PR Parks, Recreation and Open Space, to allow a reduction of the required side setbacks from 10' to S' for the proposed public health clinic (Little Havana Health Care Center), for the property located at approximately 981 Northwest 2 Street, Miami, Florida, also described as Lots 7-14 inclusive, Block G, RIVERVIEW, as recorded in Plat Book S at Page 43, of the Public Records of Dade County, Florida, Zoned PR Parks, Recreation and Open Space, is hereby granted, subject to the condition that the following four (4) issues shall be resolved prior to 91.-- 776 -2- November 14, 1991 or the appeal from Zoning Board Resolution ZB 88-91 shall be brought baok to the City Commission for its review: (1) relooate servioe entranoe and loading look away from Viotoria Hospital; (2) relooate trash reoeptaoles away from Viotoria Hospital; (3) provide a landsoape buffer; and (4) there shall be only one entranoe to the publio health olinio on Northwest 3rd Street. Seotion 3. This Resolution shall beoome effeotive immediately upon its adoption. PASSED AND ADOPTED this 24th day ofez-Q- 1991. ATT MATT HIRAI CITY CLERK PREPARED AND APPROVED BY: , )W. ww,�, . MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: . QUI14K JO II CITY ATTO GMM/ra/M28 9 XAVIER L. Z, MAYOR y1 -.76 - 3 - Pzft ZONING FACT SHEET LOCATION/LEGAL Approx. 981 NW 2 Street Lots 1-14 inclusive Block G RIVERVIEW (5-43) APPLICANT/OWNER City of Miami Property and Lease Manager 300 Biscayne Boulevard Way#300 Miami, Florida 33131 Phone 372-4640 and Alberto Armada 300 Biscayne Boulevard Miami, Florida 33131 ZONING PR Parks, Recreation and Open Space REQUEST Special Exception as listed in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Zoning Districts, Schedule of District Regulations, FR Parks, Recreation and Open Space, Conditional Principal Uses, to allow the construction and operation of a public health clinic (Little Havana Health Care Center) on above site, as per plans on file; Zoned PR Parks, Recreation and Open Space. This item is filed in conjunction with a variance request. . and Variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Zoning Districts, Schedule of District Regulations, PR Parks, Recreation and Open Space to allow a reduction of the required side setbacks from 10, to 0' for the proposed public health clinic(Little Havana Health Care Center) on above site, as per plans on file; Zoned PR Parks, Recreation and Open Space.This petition is filed in conjunction with a Special Exception application. 776 r y RECOMMMATION PLANNING, BUILDING AND ZONING DEPARTMENT APPROVAL OF THE SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION AND OPERATION OF A PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER) ON THE ABOVE SITE SUBJECT TO PLANNING DIVISION: DENIAL OF VARIANCE. The construction of the new Public Health Clinic, per plans on file, would meet the intent of the Zoning Ordinance 11000. It is also uncertain if existing trees on the site will be preserved. However, there is no hardship to justify the requested variance to allow a reduction of the required west side setback of 10, especially since this is new construction. The large northwest column(s) should be relocated behind the setback line. The granting of the requested side setback variance would impact the adjacent residential structures to the west. PUBLIC WORKS No Comment. DADE COUNTY TRAFFIC AND TRANSPORTATION No Comment. ZONING BOARD At its meeting of September 23, • 1991, the Zoning Board adopted Resolution ZB 58-91, by a 7-1 vote, denying the Special Exception. At its meeting of September 23, 1991, the Zoning Board adopted Resolution ZB 59-91, by a 7-1 vote, denying the Variance. Six PROPONENTS were present at the meet ng. APPEAL Letter from Department of Development and Facilities Management of Dade County, dated September 25, 1991. 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X Literal interpretation of the provisions of Zoning Ordinance 11000 deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on. the petitioner. X Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. X The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. X The grant of this variance is in harmony with the general intent and purpose of this zoning ordinance, and is not injurious to the neighborhood or otherwise detrimental to the public - welfare. ATTACHMENT LITTLE HAVANA HEALTH CLINIC BACKGROUND During the 1989-90 legislative session, a proposal for the planning of primary care health clinics, to be located in La Pequena Habana and Overtown, was approved by the Legislature, and $400,000 was appropriated in 1989-90 and $1 million in 1990-91 for both clinics. In addition, $700,000 was appropriated for the replacement of the Metropolitan Dade County Liberty City Health Clinic, to be operated by Metro Dade County/Public Health Trust. The Pequena Habana and Overtown Clinics are HRS- County Health Units and will be operated by HRS. (See Attachment - BACKGROUND) This proposal is to construct and operate a health clinic in Henderson Park for lower income families in Pequena Habana. This two-story facility will have a gross building area of 22,488 square feet, excluding the parking structure. The bi-level parking structure will accommodate 107 vehicles. Background documents indicate that the total construction costs are $2.3 million including parking but excluding furniture and equipment. The health facility site occupies the westerly 190 lineal feet of the Park or 55,100 square feet leaving 328 lineal feet or 98,400 square feet for the Park, itself. (See plan attached) ANALYSIS This analysis is a balancing test, weighing the demand of present users of the park against the demand for health care in Pequena Habana, as follows: - Construction and operation of this accilit s usi:t ie y t e provision of primary medica serviccs in Pequena Habana It is estimated that the number of individuals needing care in these categories annually are: PAP 10/16/91 Item 1 91 — 776 Page 1of 3 - maternity care 2,087 - pediatric care 11,224 - adult care 60,383 - a total of 74,000 persons would be eligible Based on a projected average of 4 client visits annually, then there is an unsatisfied demand of 480,000 client -visits annually (Data from HRS). The clients who will use this clinic will satisfy only a part of this total demand. This clinic is planned to serve 10,000 clients. Based on 4 client visits annually, there will be 40,000 client visits annually or 160 client visits per day (Data from HRS). - There is no great demand for tennis During program hours in the last six months, a total of approximately 1900 tennis players have requested to use the courts. (Parks Department). There are certain other long-term impacts which must be understood in evaluating this project, as follows: Tennis play will be curtailed: Henderson Park has ten tennis courts. Two courts will be eliminated. Moreover, the west apron on the next two tennis courts to remain on the west will be reduced by approximately 4.0' leaving a substandard 7.2' apron; hampering play on these two courts and eliminating their use in tournament play. Alternatively, these two tennis courts could be eliminated and replaced by a 1,000 square foot recreation building, leaving six tennis courts.* (see later) The Henderson Park Community Center will e demolished: its essential functions sNo—u-TU be replaced. This 2,800 square foot facility currently houses restrooms, locker rooms, offices and meeting rooms. To replace only essential functions, such as restrooms and an office, will require a PAB 10/16/91 Item #1 y_- 776 Page 2 of 3 t c^ replacement building of 1,000 square foot at an estimated cost of $75,000 - 100,000. The Parks Development has $50,000 available for the improvement from a State of Florida legislative grant. Alternatively, the clinic itself may have the ability to provide the space in their new facility. There is a potential loss of playground spy. If, in the alternative, two more tennis courts were to be eliminated (leaving six) and the vacated area used for the 1,000 square foot replacement facility, there is no loss of playground space. However, if the 1,000 square feet replacement facility is constructed in the playground area, then the 12,640 square foot playground will be reduced by 1,000 square feet. - There is a net loss of public open space in La Peguena Habana. The city-wide adopt open space standard is 1.3 acres per 1,000 population. Using that basis, there is a city-wide surplus of open space, and there would be no violation of the required levels of service by approval of this proposal. However, the Little Havana neighborhood itself has a severe shortage of available park land for its residents, and this should be taken into account when considering further reduction of the supply. (71 ATTACHMENT BACKGROUND Since 1989, the City.Commission has taken the following actions: Resolution Motion Date Description M-89-1157 Dec. 14, 1989 Motion identifying Henderson Park as one of two sites for the establishment of two public health clinics within the City through a joint venture with the State of Florida. R-90-17 Jan. 11, 1990 Resolution authorizing the City Manager to enter into a lease agreement with Metro -Dade County for the use of a portion of Henderson Park for construction and use of a E health clinic; said lease being for a period of twenty years at $1 per year (lots 9 and 10 and W. 20' of lot 8, block G Riverview) being 120' frontage on N.W. 3rd Street only). R-90-134 Feb. 7, 1990 Resolution amending Resolution 90-17 by modifying the lease agreement to provide for the use of a larger portion of Henderson Park for the construction and use of the public health clinic. (Lots 1 less E 10', Lots 8 and 9, Lot 10 less W 25', Lot 11 less W 25' and less S 10' , Lots 12 and 13 less S 10', Lots 14 less E 10' and S 10', Block G Riverview - being 165' frontage on both streets). R-91-255 April 11, 1991 Resolution amending Resolution 90- 134 by modifying the lease agreement to provide for the use of a larger portion of Henderson Park for the construction and use of a public health clinic (lot 7 less E 10', lots 8, 9 and 10, lots 11, 12 and 13 less S 10' , Lot 14 less E 10' and S 10' Block G Riverview - being 190' frontage on both streets). y .... 776 00FM DEPARTMENT OF DEVELOPMENT AND FACILITIES MANAGEMENT DIRECTOR'S OFFICE Suite 29M 111 N.W. tat Street Miami, Florida V28.1914 (305) 3754514 September 25, 1991 Ms. Gloria Fox Planning, Building and Zoning Department Hearing Boards Division 275 N.W. 2nd Street - 2nd Floor Miami, Florida 33130 Re: APPEAL OF ZONING BOARD DECISION CONCERNING VARIANCE FOR 981 N.W. 2nd Street "LITTLE HAVANA HEALTH CENTER" r�tRaasa� Dear Ms. Fox: I wish to appeal a denial decision made by the Zoning Board of September 23, 1991 on Agenda Item #5, a variance from Ordinance 11000, regarding Lots 7-14 inclusive, Block G of Riverview (approximately 981 N.W. 2nd Street, Miami). Sincerely, Diana M. Gonzalez Director DMG/JAG/cn I i PETITION FOR VARIANCE 6` File Number V— A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, literal enforcement of this ordinance would result in unnecessary. and undue hardship on the property. As used in this ordinance, a variance is authorised. only for height, area, size of structure, dimem tons of yards acid other open spaces and of fstreet oarwng or loading requirements. (S ettonPol� Alberto Armada, �rop. a se Manager for City of Miami Diana Gonzalez, Director of DDFM for Metropolitan eerretiition thede n0ty of Miami Zoning 5oora for a variance from the terms of the "Zoning Ordinance of the City of Miami," affecting property located at Annroximately 981 N.W. 2nd Street Miami, as specified below. In support of this application, the following material is submitted with this applications x I. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. x 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, ate; building elevations and dimensions and computations of lot area (gross cnd net), building spacing, LUI ratios, and height envelope. x 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4a83, attach to application). ...� 4. Certified list of owners of real estate within 375' radius from the outside boundaries of property covered by this application. (Form 6.83 and attach to application.) S. At least two photographs that snow the entire property (land an.i improvements). 6. Other (Specify) 7. Fee of $ 2,443.00 to apply toward the cost of processing, based of the following (a) RS, RG- l (residential uses) $ 200.0 0 (b) For penetration of Plane 111 by antennas and the like $ 500.0 0 (c) All other applications for each request variance $0.0 7 per sq.ft. of floor area of building(s) from the ordinance minimum - $550.00 (d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $550.00; to by refunded if there is no appeal. (City Cede - Section 62-61) i 8. The Variance requested is for relief from the provisions of Section of E the City of Miami Zoning Ordinance as follows: i Interior side setback: 10' required 5' proposed to allow the construction of a parking deckas an accessory structure to encroach in required interior side yard. The parking �i deck will be recessed 6' feet below grade with only a 3' foot projection above grade, which consequently greatly reduces its impact on adjacent properties. A 3'-6" high parapet wall is provided above. Heavy landscaping will also serve to visually obsecure i, the structure. 9. In support of this application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance: Note: This application cannot be accepted for Zoning Board action unless all of the f oUowing six items are completed. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the some zoning district In that: (list evidence to be produced and use additional sheets, if necessary.) Because of the limited site area, there is no other reasonable location for the parking structure except below grade and off N.W. 2nd Street. The parking structures size is dictated by large amount of required parking. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The required parking is absolutely necessary in order for the building to function properly and it cannot be provided on -grade because of the limited site area. y 776 • ....... (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: it isvirtually impossible to design the.parking structure in a more efficient and unobstrusive way. (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the some zoning district in that: Parking requirements must be satisfied. (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: The parking structure is required in order to satisfy the building- requirement. It has been designed as efficient and unobtrusive as possible, with only a minimal encroachment. (f) The grant of the variance will be in harmony with the general intent one purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The parking structure 'is'designed to be partially recessed into the ground to reduce its impact on the neighborhood. The parking deck above is designed as a plaza with a fountain, landscaping, colorful pavers and decorative wrought -iron walls. The Spanish flavor of the design will greatly harmonize with the adjacent Latin quarter districts. yj - 7 7s l3 crate: Al. daaWr •'tts, reports. Stud" eshtbits 0 o hatrr Fitt'° ap Irdowe material to be subrrtittea: to the C Board shall be swbmitted Wtth thL U6116 `VwSignature ner or Au1nOr129a Agent Name e ;J. 214-z"L Address STATE OF FLORIDA) S5: 5 �(r 3� / l / /U, COUNTY OF DADE -3 r 2- 't'T `` being doily sworn, depom and says that he is the vthorizea t of of the real property described in answer to question ! I, above; that he has read the foregoing wdwers and that the same are true and ca.. late; and (if acting as agent for owner) that he has authority to execute this petition an behalf of the owner. m r— (SEAL) el L ) SWORN TO AND SUB CRISED befor me this _ day of TuS 197 r' w Mary ublic, tote or Iaa at Large MY COMMISSION EXPIRES: r NOTARY PUBLIC STATE OF FLORIDA BWNDEO THRUON EXP. GENERALAINS.ZUtID 4 Nome Of o' Address CA'e , STATE OF FLORIDA) SS: COUNTY OF DADE ) -I- being duly sworn, depoen and sarys that he is the uthorized Agent o ) of the feoi property described in Drawer to question #I, above; that he hale read the foregoing answers and that the acme are true and cornpiete; and Of Denting as agent for that he has authority execute this petition an behalf of the owner.�- SWORN TO AND SUBSCRIBED before roe this d of .i 9�. MY COMMISSION EXPIRES: NOTARY PU9LIC. STATE OF FLORIDA. NY COMMISSION EXPIRES; APRIL 12. 1991, •OND<D TMRU NOTARY rUvWC UNDLRWRRBR/; Form I -83 Z-?�- blz� Notary c, rat t Florica at Large 7`f STATE or FLORIDA) )Sa Mum or "Ds ) Miore not the undersigned authority, this day personally ALBERT J. ARMADA, PROPERTY 6 LEASE i appeared MbNAGFA rr)V C'TTY r% MTAUT.;T-A-- who being by me first duly worn, 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 Masi, Florida, effecting the real. property located in the City of Masi, as described and listed - on the pages attached to this .. affidavit and made a part thereof. 2. That all ombra which he s+epaeeseats, if any, have given their full and complete permission for him to act in their behalf for the chaege•or modifieatioA of a classifUsti= or repletion of soning u set out in the accompanying petition. 3. That the pages attached hereto and srde a part of this affidavit contain the current names, mailing addresses, phone ambers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts u represented in the application and doc=wnts submitted in conjunction with this affidavit are true and Correct. Further Affiant sayeth not. Sworn to and subscribed before me this AAV day of AUGUST _ ,193E ame) ALBERT J. ARMADA, CITY JF i'_AMI PROPERTY & LEASE MANAGER �.._ 776 OOtA. be_ CITY OF MIAMI PROPERTY RISAU- MANAGER Nailing Add"S1300 BISCAYNE BOULEVARD WAY SUITE 300, MIAMI ,FL. 331 Ttl/pnOnt NUMr (305) 372-4640 L291) OOMPtl0tt: A portion of City -owned Henderson Park located at 9.81 N.W. 2 Street, Lot 7 less the East 101, Lots 8, 9, 10, Lot 1.1 les; East 10' and less the South 10', Lots 11, 12 and 13 less the youth 1.' thereof, all in Block G, of "Riverview," as recorded :n Dade 1.,inty RE Plat Book 5 at Page 43. Owner's Name Mailing Address r..� r Telephone Nu■ber Legal Description: Owner's Neese wiling Address Telephone Mober Legal Description: My other reel "tau property owned individually.intly, or severally ('y corporation, p� tnerohip or privately) within 34, of the subject site s listed as ollews: Strut Address Weal Description Lots 1-6, and 15-20, Block G 971 N.W. 2 Street Riverview, as recorded in Plat Book 5 at Page 43. Street Address •1,Na1 Description Street Address - Leval Descriptiln .4 1. L"at description and street address of suojact real papacy A portion of City -owned Henderson Park located at 981 N.W. 2 Street - legally described as: Lot 7 less the East 10', Lots 8, 9, 10, Lot 14 less the East 10' and less the South 10' thereof, Lots 11, 12, and 13 less the South 10' thereof, all in Block G, of"Riverview," as recorded in Dade County Records Plat Book 5 at Page 43. 2.• •Ownsr(s) o9 subjsCt reel praparty and Percentage of ownership. Note: City of Mimi ordinwm No. 9419 rsgtiises disclosure of all parties si a 'ng a financial interest, either dire t or 4ndirm, in the suojsct roettar of a Presentation, request or petition to the City Caeeission. Acoordingly, question 92 requires disclosure of all shareholders of aoeposseions, bawficiari.as of trusts, endlac any other intasested parties, together with their addresses and propoe ionste interest. CITY OF MIAMI PROPERTY & LEASE MANAGEMENT DIVISION 300 BISCAYNE BOULEVARD SUITE 400 MIAMI, FLORIDA 33131 OWNED BY THE CITY OF MIAMI LEASED TO METROPOLITAN DADE COUNTY FOR A MEDICAL CLINIC 100% ownership by City of Miami owned by eeY puty listed in anwwr to qusstian 2• amend b) loma within 373 fast oe the snbjO= real prapesty. Lots 1-6 and Lots 15-20, Block G Riverview, as recorded in Plat Book 5 at Page 43. 971 N.W. Second Street ALBERT J. ARMADA, CITY OF MIAMI 9 Cr run= PROPERTY & LEASE MANAGER =MN Cr 01= j ALBERT J. ARMADA, CITY OF MIAMI LEASE MANAGER , bebo duty s1=no depooks acd SOP ton CIO is tas year torney car owner) of des real property described in ans+wr to question A, abcwet tbst he has reed the fango" assr and that the sass an true and aasgStet WA (i! &WArq a WAMMsy for owner) thm he has authority to 0=01 a this Dinjogmg ip fous on beh alf o! the owner. � ;r-r 1 ALERT J. ARMADA r baitfq 6dy a+ r e a Mis W ne u the cuy wpvLm@cRRnpERjV L T..A-q..MrR1af C�t �tMI the owner of the seal pggmcy► descriM in ■own to fpJl8T4CM ,,&r aaoaes that he hat rOd the farvgoJM armors s that the sage are true and oan- plete t ind that he bat the antharity to esleone this Diselossrs at Owner- r Ship faoo an behalf at tbs &AM. i CITY OF MIAMI PROPERTY & LhASE _ MANAGER AmToAM solocRm Won = this 14th e day at AUGUST 'sue C• Iltm at fladda at Limp lu CoMs IQt 011 0i = hOlARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES. Ai RsL i2, 192L SONO[D TMAU NOTARY •USUC UNO[RWR IT[A.. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: THE HONORABLE XAVIER L. SUAREZ Mayor FROM ATTY HIRAI City Clerk DATE: October 25, 1991 FILE: SUBJECT : Memorandum _of_Voti nq conflict_ REFERENCES: ENCLOSURES: At the Commission meeting of October 24, 1991, you abstained from voting on item PZ-11, PZ-8, PZ-9, and PZ-10, namely: "Withdrawal of a proposed resolution amending restrictive covenant at approximately 2226 S.W. 25 Avenue and 2511-2575 S.W. 22 Terrace, owned by Federal Deposit INsurance Corporation, as Receiver for Sunrise Savings and Looan Association." "Reversing the Zoning Board's decision to deny the variance to reduce the required side setbacks at 981 N.W. 2 Street." "Authorizing construction of a health clinic (Little Havana Health Care Center) in Henderson Park (981 N.W. 2 Street). Kindly fill out parts (a) and (b) in the back of said forms (one for each item) under "Disclosure of Loca' Officer's Interest." Once both portions are duly filled, kindly sign, date and return to our office at your earliest possible :.onvenience. Your continued cooperation is greatly appreciated. MH:sl ENC: a/s M c �C a Lft b '�-'VA FORM 8B MEMORANDUM OF VOTING OONFLICT FOR OOUNTY, MUNICIPAL, ,AND OTHER LOCAL PUBLIC OFFICERS LAST NAM[ —"AST NAML—MIDULR NAME wwwor a,r wP%nL1% w• ----- - — - ••• 5UAREZ, XAVIER L. cot of Mi i omm' ion MA1lINt� ♦ONREfS • TN! KiAto, COUNCIL.. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH 1 KKV& a A UN11 OF: 3500 Pan American Drive XCI1♦ :,EfVMV Ie HLIt10CA1 WANCv COT% Ca wet 1iAMC Of POLITICAL SUOVWON: Miami Dade Mayor 047E Cob WNWN voll cWtvRaEV MY POSITION K: <, . ttLECT1VE APPOINrrIVE V040 MUST FILE FORM a This form h for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council, commission, authority. or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law. you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a easure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position -this reason. please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 412.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly mating to the assembly the nature of your interest in the measure on %hick you are abstaining from voting; and M'ITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOI%TED OFFICERS: A person holding appointive county, municipal, or other loch public office MUST ABSTAIN from voting on a measure which inures to his Special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the especial gain of a principal (other than a gom ment agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. tt�. W YOU MAKE NO A`1"'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: t +► You tsf"Id disclose orally the mature of your monk, In the measure berom panidpatlnS. 1 • You should come the form and fik it within IS days after the vole mum with the person reaponslbk for recording the minutes of the mining, who should incorporate the form In the minutes. I OISCLO=VRE Of LOCAL OFFICER1 DMINIT 1. X ay_e, r r.. Suarez hereby disclose that on Qom.#. amber 7d .1991r: Cal A Measure came or will come before my agency which (check ON) .,,_. inu w to my Wecial ppv#tc gat : r 14, Zinurtd s by whom I am retained. to the specialt+.of (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed ure r NOTICE: UNDER PROVISIONS OF FLrORIDA STATUTES 1112.317 (1985L A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 115.000. (I FORM Is W1M FAGE