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HomeMy WebLinkAboutR-91-0778J-91-807(b) 10/24/91 RESOLUTION NO. 1- 7'7 8 El A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE SPECIAL EX09PTION 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, CONDITIONAL PRINCIPAL USES, TO ALLOW THE CONSTRUCTION AND OPERATION OF A PUBLIC HEALTH CLINIC (LITTLE HAVANA HEALTH CARE CENTER), WITH APPROVAL BY THE CITY COMMISSION ONLY, 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 HEALTH CLINIC ON NORTHWEST 3RD STREET. WHEREAS, the Miami Zoning Board at its meeting of September 23, 1991, Item No. 4, duly adopted Resolution ZB 58-91 by a seven to one (7-1) vote, denying a special exception 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 Zoning Board's decision; and CITY 0XVITNUSSION MF.rmiG OF OCT U 1991 FIRM f, WHEREAS, the City Commission after careful consideration of this matter, notwithstanding the decision of the Zoning Board, finds that the application for a Special Exception does meet the applicable requirements of Zoning Ordinanoe No. 11000; 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 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, Conditional Principal Uses, to allow the construction and operation of a public health clinic (Little Havana Health Care Center), with approval by the City Commission only, 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 reversed and the special exception is hereby granted, 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 88-91 shall be brought back to the City Commission for its :W�= 778 review: (1) relocate service entrance and loading dook away from Victoria Hospital; (2) relocate trash receptacles away from Victoria Hospital; (3) provide a landsoape buffer; and (4) there shall he only one entrance to the public health clinic on Northwest 3rd Street. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of , 'ot ber--, 1991. ATT MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: 0, `c P. G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: :ter,c'Ar"'r ii_i? QUIUN•.` CITY &� u�u u VIER L . SUjkREZ , 3 - y -- 778 z=10 ZONING FACT SHEET LOCATION/LEGAL Approx. 981 NW 2 Street Lots 7-14 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, PR 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. 91- 778 k (t RECOMMENDATION PLANNING, BUILDING AND ZONING DEPARTMENT APPROVA EXCEPTI CONSTRU A PUBLI PLANNING DIVISION; DENIAL OF THE REQUESTED SETBACK 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 meting of Septeuber 239• 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�. — y1._ "7'78 0 z l W rr rrs rrr � 3 It It I/ se voa;aed veee udeMR -_' �i veee udeMR -_' �i �NN�nll 1 mmmm���n I �va�aee / It t • 1 13 M i It s 2 t 10 11 I= 1) 1• IT li I III �� w i.\ ; . i t t 1 •!! t 0 w r r ST riin��i I MJ*I Itit I, LT `406 — W > 1 4 2 I Q/ • T 1 • 1 2 1 18 17 46 1t IT I It 20 1 10 11111111 141• 1•1It 1• i 1 1 1• 111 , 1= 1 It 1:• p1 I E E V, . 701 P-1 -.FIRM to 0 �� �avee meu pill goo �� �etrailo'daq, pop F L A G L E R g O111IP�91491 W 10 1 t T • 1 • 3 1 2 1 > O t 4 i �: 11 12 Is 1• it li "Lee 10 st 0 to R 11 1• 1= INC 91 - 77 _� 10 t i .T i t• f t II r 1 11 12 11 14 Ili to It 1*Iloilo rs I li �N6if 1 W 10 1 t T • 1 • 3 1 2 1 > O t 4 i �: 11 12 Is 1• it li "Lee 10 st 0 to R 11 1• 1= INC 91 - 77 _� 10 t i .T i t• f t II r 1 11 12 11 14 Ili to It 1*Iloilo rs I li �N6if 1 »- • M Li i `Tits,., / _ lie 7 i1 . { I•t•, 1 i ,i I _ I Un =s� Nil" = W . 'ip� a .U, sit •,''.. ® -* ' R t `�'t . 1� I j'3,$}-r } ask � '� � 8��;: � � �• .., - � i ��`` + A�y.61 ■ � / Dry 8 � t Al 2'q !r I r is � � ,� j '�' ,�y.• n - J + � •.,�..„ . *• t� w I Rai �, a e t �.,i, f � i•' -74 l NO l �m r�'- �'1 . • r'�-_�s.r _�, , ter• ut-�-/` 5, z� � -1, t ` • V X• 1! RM 44 ,gy ti b, o- ' i �-eM +� T - �� �S- L'tt , swV«a W _...q�•t • - . �. V^t�}1f�� �:� • . ":�� �• _ -i.�.. �"3 Eti• I ..� � . .try. _ �_ f �1,- 1. !♦t1 .,'1 AM J.'*a+ pm 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 facility is justified by the provision of primary medical services in Pequena Habana It is estimated that the number of - individuals needing care in these categories annually are: ... PAB 10/ 16/91 Item #16 91_ 7 % 8 Page 1 of 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 Par 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 be demolished; its essential functions should a replaced. This 2,860 square facility currently houses restrooms, locker rooms, offices and meeting rooms. To replace only essential functions, such as restrooms and an office, will require a � 7 - 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 space. 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 Pequena Habana. The city-wide adopted 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. Pequena Habana had the greatest open space deficiency in 1988 in the City among districts; it had a deficit of 121.3 acres; loss of open space in this park will increase this deficit to 122.86 acres. PAB 10/16/91 Item #1 Page 3 of 3 9 - 778 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 public 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 7 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). APPLICATION FORA CLASS D SPECIAL PERMIT OR SPECIAL EXCE TION - ...ter... File Number OSE-83. Within the City generally, or within certain toning districts. Certain stmiewrt& uses, and/or occt4rt9tss spsctf led in this ordinance are of a nature mM& np special and intensive review to determtne whether or not they should be permitted in specific locations, and it so, the speetaL limitations, condition& and safeguards which should be applied as reasonably nseessary to promote the generad purpo»s of this Zonmg Ordinance, and, in partseular. to protect adjoin mg properties end the •neighbornood from avoidable potennaily adverse effects. It is further intestdsd that the expertise and Judgement of the Zoning Boors be axe cased in mmdnq swdt deterrntnatiom% in accoraretce with the rules. cotisideranons and ltmitations relatinq to Class D Spsetal ... Permits arts Special Exceptions. (Sao AructeaX.JL Format public notice and hewing is not mandatory for Class D Special Permits, but is mandatory for Special Exceptions. Ln other respeots, these classes of special perMUS are the same. The Zoning Board shall be solely roaponsiltis for determinations on application for C14» D Special Permits and Special E=opttw.& All applicattans in these classes of special permits shall be referred to the director of the Department of Planning for Its "recommendations and the dlreclor Malt make any further ref srrau required by there regulations Altert,.� Armada, ✓rcn, & Lease,Manager for City of Miami I, Diana �1. Gonzalez, Director_, DDR/M-Dade ,Chereby apply to the City of Miami Zoning moo for pr vas ot, cnecx ones Class D Special Permit _,X Special Exception for property located at ''pproximatel.y 9-1 Northwest 2 Street, Miami, Florida Miami. '."�'.� .■r �+rrrr Nature of Proposed Use (Be specific) A two-story, 22, 500 square foot primary —realth care fa-i1itY (out-pat:.ent treatment Orly) for child and a�.i_ health, chronic disease prevention, family planning, immunization ..a _ t a r, n >> hn;�lrE. Form 10.83 .'t;dm me fadawu,q in mccor't tr exweiru2n n of thb- tevi m .Wmm1,W_1 `surom of the oracerty pt +a+o by = of 111ovide Regiatem L:rttt wry 2. tow raft site otart snawurq (ae fftfirw m00mory batrmtaeri6L axurtirtq an Ireenases smmmirets). ccrttim, lammus2mrW4 seebnrtq, aft bAlcling etwm"ons of I eel Al2W with dim arts consmnrtnna of lot onto tgrees arm Mal. LUl racists (oesn soots6 ilaor auto. corning, aMJ. butidinq 3;00 4 Bata h11119M enwtaos. See Seossors =2013.:1a1. .3. Aifldam aiseio "owraw%jo of prcowr ► eoversa by epoduWon raid dLtatasuas of kriwarr (mi..-tram 443 arts amium to i ta=ons. 4. Carttfied list of owners of romme sts within 372r roei" fmm ilia &jadds beuttrseriss of P10Mtr eWMW by this ggUiCCMWt. (See Fstar 0043 suet aims td 9. At l "m that sham ttte entire P C= l y flaw oriel irnpre W"Im rsL '6. Olhw ($mcf91 d0=8F7. Fee of $�.._..� boeeaton foilawings (aa Clms O MOM M Qti Soeeiat E,oewtfan 6650.00 Stsrettotgs squad to aoolo®ts (m from (a) or 6) abom trot to stoond S6500c be retu ss if then LT no cRrpeet (=y Coda SmM 024LL s +ee ar � erostssa Nance �.''I Q 0J Z A L-C l_z Parw W,60!5 (" A4*m Sut' rRr 2930. ) t 1 "W- I r mr, Stotts. �"� i /� wt', j--t.0 R,'On 3 31 Z.}3 Phase STATE OF FLORIDA) Sys COUNTY of DACK ) R n - ZAuc I -- beinq duly swat+, aeoosas am son im no q me twwnert totrrncrizzma;aatr or the rem proaestY dent= M GWvm trot he nos reap the iare"nc answers and that iris sarrts on true ono eerttoietw acid (it a=m9 as agent for owner) that hs has awthonry, to essays this application form on behalf of the owner. _Rrr.,J.l', CY A�t�X-nSa� (SEAU sr SW0M TO AND SUBSi"rtMM bokw me this 4 ` dcW of .. Notcry co re. s ate or r tortaa at c.orpe MY COMMISSION QVIRMS- �� ND!ARY pt1011C St0.IE Or FLO410A ao wco �j UNEII u�t%s?� yI. -. 778 i (VCrna ALBERTO J. ARMADA PROPERTY & LEASE MC A4*83i300 BISCAYNE BOULEVARD WAY, SUITE 400 Cjtyq State, = MIAMI, FLORIDA 33131 phWW (305) 372-4640 STATE OF FLORIDA 1 Sys COUNrf OF DADS ALBERT J. ARMADA, CITY OF MIAMI PROPERTY & LEASE MGR. being �ceoosee cna sw a tno: re is cre %owner; toutncrt eo.o�antt of the remprooern►tdas mbut abavfet trot nq.h= re= Tre icregotnq answers ann that tr behot f of the . awnlr. a score are true and C=Wistet eno (if acr:nq cs agent for owner) that, he has outhartty ro aarsevt• this appitcaTion form on :WORN TO ANO SLr'BSCRip Before me this 6t;l dal► f .1 L Ay COMMISSION 0PI e. PUBLIC. &TATC or 4 r '••-EMISSION exr-11tSa: APRtL ^. '•nht� �hUli11 THRY ,"Aq, ►bp4O • rvotarr r cwic, :; ct or r iortaa of 6rrTV . I! 91— 778 i STATE OF FLORIDA) )88 COUNTY OF DADS ) before se, the undersigned authority, this day personally ALBERT J. ARMADA, PROPERTY & LEASE appeared yuiNacER FOR rT'ry nr MTftu-r r# wino being by N first duly worn, upon oath, deposes and sayet 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 !liasi, Florida, effecting the real. property located in the City of Miaai, as described and listed on the pages attached to this affidavit and wade a past thereof. 2. That all owners which he representa, if any, have given their full and casplete permission for his to act in their behalf for the cbagp, or modification 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 mad legal descriptions for the real property which he is the owner or legal representative. 4. The facts as represented in the application and doevments submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Sworn to and Subscribed before me this LL.LV day of AUGUST ,19M. ase ) ALBERT J. ARMADA, CITY JF i---A,'1I PROPERTY & LEASE MANAGER 14Z 778 !- C""Y ��F �1IA�II PRQ�(;.Asc !1�+� GLR . Own~ioa A Nailing Addrls1300 92SCAYNE BOULEVARD WAY SUITE 300, �' ,IA.�1: TlIteMone Mu�blr (303) 372-4640 �1911 Dasertption: A portion of City -owned Henderson Park locals-4 a: 9.91 N.W. 2 Street, Lot 7 less the East 10', Lots 8, 9, 13, Lot 14 :___ East 10' and less the South 10', Lots 11, 12 and 13 less the ::' thereof; all in Block G, of "Riverview," as recorded :n bade u::ty ..e Plat Book 5 at Page 43. Owner' s Nana Maiiing Address Telephone Number Legal Description: Owner's Now Mailing Address . Telsohone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as tolls": Street Address LNaI 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 Logal Description Street Address Legal Oeseriotion 13 N U. • • 1. Ltga1 dascrtptun and street address of wojeet :'eel pt+opss'ty: A cortion of Cit•-owned Henderson Park located at 981 N.W. 2 St_e__ legall described as; Lot 7 less the East 10', Lots 8, 9, 10, less t�e East 10' and less the South 10' thereof, Lots 11, 12, anal less the South 10' thereof, all in Block G, of"Riverview," as rec:;_. in Dade County Records Plat Book 5 at Page 43. 2.. Oatiri s) od subject real property sad percentage of ownership. Notes City of Miai Ordinmnos too. $419 96*UM disaloruce ad all parties Mving • financial interest, tither direat of Indirect, in the woject mettsr of a presentation, request or petition to t" City Cassaission. Aaoosdinefly, question r2 eequsres disclosure of all shareholders of asepocecians, bensliciwt of trusts, a war a w otha interested paatiss, toQettser wita their addrssess and prapat lame 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 3. teal 4 cl iptian ad street address of our real property ( a ) 0-1 by aw PW1.1 listed In WAMM to question 12, ad (b) 3oasu d within 373 feet oc the arojecs real property. Lots 1-6 and Lots 15-20, Block G Riverview, as recorded in Plat Book 5 at Page 43. 971 N.W. Second Street sm (W f Ax= ) as =on Q MQ ) -7il i7 s ALBERT J. ARMADA, CITY OF MIAMI PROPERTY & LEASE MANAGER ALBERT J. ARMADA, CITY OF MIAMI MANAGER slam* dsum" and "re em &S to s to tosney oe Anrs) 09 do seai ptogsstp qu�ti+an as aw er tba be has rod tho foregoing ans om and thm the sae at true and aosplass ad (U sotley a attaem far aftm) thm be bas autbaftw to essonts this Discide a �t faa as behalf al the Clever. 9nmAm3=13M 91 w 778 ALBERT J . ARMADA r a" iuly &A t`n r91ai to t= no LA trA GUy L•EASR Ng.04 �.G/ 'F IAMI the OwNY of the teal per.+Opl tY loser' rUM sn arw t co gaattaon p Sam; that ne nu read tM lorewt" &nMrs i that the same are true and mm- plip e l t behalf be ho the of Onmr-wity to th" Dincloom Ot QMZ- CITY OF MIAMI PROPERTY & Lr,ASE am TOO MANAGER aaf re ar Ulu 14 th n day at AUGUST airy C� plod" at Lmp MR MY CQ*MsZQd cup= t NOTARY PUSLT.:?:.T: OF rl0i•0l.. Hy UINWSSION EXPIRES. A,*i2:L • 2. 199L ROMOso T44RU kGTART .USuc UNCtRWRITSM. 91 °- 778 /FJ 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 DORM $B MEMOAANDUM OF VOTING CONFLICT FOR OUNTyl MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS W MAME-1?1aST NAM!—MID00 NAME MAME OF WARM COUNCIL, COMMISSION, AUTHORITY, OR COMMITT, YAIUMKI ♦OWtEX� THk IBM= COUNCIL. COMMISSION. AUTHMITV, Olt COMMITTEE ON wHlt'H 1 salivk O A UNIT OF: 3500 Pan American Drive X cIIV ;,"XWTV tamilt 10CAI AGENcv cIT1 cwtorn NAM► Of POLrtICAI. wwlvltuoN: Miami Dade Mayor PAU ON WHICH Will cWtVaREO YV POSITION IS: October 24, 1991 X:aLWTIVE APPOINTIVE WHO MUST FILE FOAM W This form is 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, of committee. It applies equally to members of advisory and non -advisory bodies who arc presented with a voting confect of interest udder Section 112.3143, Florida Statutes. The requirements of this law an 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 measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. Vthis reason, please pay close attention to the instructions on this form before completing the m-erse side and riling the form. INSTRUCTIONS FOR COMPLIANCE WITH UCTiON "2.3443, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, munidpal, 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 %thich you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the mating, who sho.11d incorporme the form in the minutes. APPOINTED OFFICERS: A person holding appointive county. municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private pin. 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. 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 snaking any attempt to influence the decision by oral or written communication, whether made by the officer or aI 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 rile 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. 1Y YOU MAKE NW AraMpT TO INFLUENCE THE DECISION EXCEPT 8Y DISCUSSION AT TH S' You ditW distim orally the nature of E MEETINd: your taottAict in the measure before particlpatirtd. a You "Id eotn*e the form and file it within IS days after the vote occurs with the Of the Meeting, who Should Incorporate the form in the minutes. res ;bitfor r+ecording the minutes "CLOWNS OF LOCAL OFFICER'S MMINST L . bereby disclose that on , ,.. .Q�tober 4 . 1991..._. (a) A measure come or will come before my agency which (check one) ...._ Inured to tny� t�Wt,�' Nam: or t • Inured to the SpeeiaFoin or . by whom 1 am retained. tel The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Siinat ure I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f 112.317 (19115). A FAILURE Tb MAKE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT THE FOLLOWING: ANY REQUIRED SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5,ppp . DEMOTION, REDUCTION IN rt rO1tM as .d2. PAGE I