HomeMy WebLinkAboutR-90-0910J-90-910(c)
11/8/90
RESOLUTION NO. 90- 1910
A RESOLUTION, WITH ATTACHMENT(S), MODIFYING
THE DECISION OF THE HERITAGE CONSERVATION
BOARD WHICH HAD MODIFIED THE DECISION OF THE
ZONING ADMINISTRATOR CONCERNING THE LOSS OF
13 TREES AT THE DADE COUNTY HUMAN RESOURCES
CENTER, LOCATED AT 2500 NORTHWEST 22ND
AVENUE, MIAMI, FLORIDA.
WHEREAS, on or about August 1, 1990, t Zoning
Administrator made a decision (Exhibit 'B') conc ng t loss
of 13 oak trees at the Dade County Human ourc Cen
located at 2500 Northwest 22nd Avenue, Mia orid by
approving the landscape plan as submit et 1* Dade
County; and
WHEREAS, Veronica Nagymihaly /b agymi y Properties,
(hereinafter "Nagymihaly"), pursuant Sec -15 of the Code
of the City of Miami, Flori appealed the decision
of the Zoning Administra to Heritage Conservation Board;
and
WHEREAS, th Heritage ervation Board at its duly
convened meeting f Septe r 18, 1990, adopted Resolution
No. HCB-90 xh' 'A' y a unanimous vote (9-0), modifying
the deci n of on ng Administrator; and
ER Nag aly has taken an appeal to the City
issi se eview of Resolution No. HCB-90-29; and
EAS, the City Commission after careful consideration of
thl atte inds that peculiar circumstances exist upon which to
modify e decision of the Heritage Conservation Board, as
qftafter setforth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMIr FLORIDA:
______�' ATTACHMENTS
CONTAINED
RESCMED BY
CITY COMMISSION
MEETING OF. -
'40V 8 =
R114=0 0-
Rescinded by R-91-76
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 Heritage Conservation Board
which modified the decision of the Zoning Administrator
concerning the loss of 13 trees at the Dade County Human
Resources Center, located at 2500 Northwest 22nd Avenu is
Florida, is hereby modified in the following manner:
a. In lieu of the concrete masonry 1 a the
property line, there will be a six foot high rati al
fence. I&
b. The masonry decorative wao, blePtIF40trd only
44 to c% .v k he echa
on the eastern half of the south fa to cov nical
area.
C. Five oak trees, twent ve height, will be
i C
nterspersed with the existi trees.
t 0 on
Section 3. This s IN shall become effective
immediately upon it ti
P '
PASSED AND PTED DNthiis�— day of 1990.
ATT T XAVIER L. UAREZ, MAYOR
Clerk
PROVED BY:
t City'Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
LIX
41 R.—El. NAND
City Attar y
LKK/pb/bss/M1827
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IM
Rescinded by R-91-76
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RESOLUTION MCB-90-29
A RESOLUTION MODIFYING THE DECISION OF THE ZONING
ADMINISTRATOR AS SET FORTH IN A LETTER DATED AUGUST 1,
19901 CONCERNING MITIGATION FOR THE LOSS OF 13 OAK
TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, 2500
N.N. 22ND AVENUE, BY APPROVING THE LANDSCAPE PLAN, AS
MODIFIED BY THE FOLLOWING ADDITIONAL CONDITIONS:
1. THE 15 NEW OAK TREES, 16'-18' IN HEIGHT, TO BE
PROVIDED UN IHE SOUTH PROPERTY LINE BY WAY OF
MITIGATION SHALL 8L PLANTED IN A 5' WIDE PLANTING
AREA AND SHALL BE 4 112" IN CALIPER;
2. AS FURTHER MITIGATION, METRO-DADE SHALL PLANT THREE
20' OAK TREES ON THE APPELLANT'S PROPERTY TO THE
SOUTH, SUBJECT TO THE OWNER'S CONSENT, WITH NO
OBLIGATION ON THE PART OF METRO-DADE FOR
MAINTENANCE; AND
3. AN EXTENSION OF THE EXISTING DECORATIVE WALL, AT
THE SAME HEIGHT AS THE EXISTING, SHALL BE
CONSTRUCTED IN FRONT OF THE SOUTH FACADE OF THE
BUILDING TO SCREEN MECHANICAL EQUIPMENT.
PASSED AND ADOPTED THIS 18TH DAY OF SEPTEMBER, 1990.
/ L ".�
wCHAIRMAN
EXHIBIT "A"
90-- 910
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August Is 1990
Mr. Na rinder S. Jolly, Director
Department of Development and
Facilities Management
Facilities Development Division
111 N.W. 13t Street
Miami, FL 33128-1988
Re. Dade County Human Resources Health Center at
2500 N.W. 22 Avenue, Permit No. 89-185
Dear Mr. Jolly:
r have reviewed your letter and landscape plan (dater! July 24,
1990) you delivered to my office on July 24, 1990 and find it
acceptable with the following conditions:
1. Transplant eight (8) existing Gumbo Limbo trees along
south property line to locations shown on the plan.
2. Plant rifteen (15) new oak trees along the mouth
property line, fifteen (is) feet on center. The trees
shall be at least 181 high. If they cannot fir obtained
by a landscape contractor within the Dade/Broward/Monroe
county area, then we will accept a minimum of 16, high
oaks.
This will be accepted to replace the oak trees that were Lc) be
transplanted according to the plans approved by the City of Miami
but did not survive.
In order to approve a Temporary Certificate of Occupancy prior to
the necessary planting and transplanting, a bond must be posted
to cover the roll cost of ootaining, planting and transplanting
the trees.
Please he advised that aecordtng to the City of Miami Code
Chapter 17, Environmental Preservation, ,Sec,. vr-15: Any citizen
may appeal any decision made by this department in enforcement or
the term or provision of the Chapter to the Heritage Convers»tion
Board Dy filing within ten (10) days after date of this initial
decision, a written notice of appeal to the City Manoam"g"Tr with a
OURnING ANO 9r9NING 01PARTMtNT
Mrs%?
0Oi3 IT "B"
•
Cal
Narinder S. J011y
August 1, 1990
Page 2
copy to the City Clerk and the Heritage conversation Officer,
Which shall set forth precisely the decision appealed from and
the reasons and grounds for the appeal. Each appeal shall be
accompanied by the applicable fee.
If you have any questions, please contact me as soon as possible.
Very truly yours,
i A. GENUARDI, P.E.
Sr
Zoning Administrator
JAGi1g
cc: Sergio Rodriguez, Director
Warren Bittner, Ass't. City Attorney
Joe McManus, Ass't. Deputy Director
Santiago Jorge -Ventura, Aas't. Director
v.►Anthony J. O'Donnell
Akerman, Senterfitt & Eidson
One Rrickell Square - 24th floor
601 Briekell Avenue
Miami, FL 33131-2948
90 - 910
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,.,AKERMAN. SENTERFITT a EIDSON
_ . ATTORNEYS AT LAW
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♦CLCCOPY (]05) 374-SCOS
September 28, 1990 I�
Hand -Delivery
Mr. Cesar H. Odio
City Manager
3500 Pan American Drive
Miami, Florida 33133
Re: Notice of Appeal to City Commission Pursuant
to Section 17-15(b), City of Miami Code -
(Resolution HCB-90-291
Dear Mr. Odic:
This notice of appeal is filed on behalf of Veronica
Nagymihaly, d/b/a Nagymihaly Properties ("Appellant"), the owner
of the real property located at 2201 N.W. 23rd Street, Miami,
Florida, pursuant to Section 17-15(b), City of Miami Code.
This appeal seeks modification of Resolution HCB-90-29,
adopted by the Heritage Conservation Board on September 18, 1990,
as follows:
1. Paragraph 1 of the Resolution should be modified to
require the 15 new oak trees on the south property line
to be a minimum of 25 feet in height ( instead of 18 feet)
with a minimum 6-inch caliper (instead of 4-1/2 inch)
planted in an 8 foot wide planting area (instead of 5
feet), pursuant to the filed site plan entitled
"Nagymihaly Property," prepared by Sasaki and Associates,
dated September 17, 1990, including 2 sheets. (the "Site
Plan").
2. In addition to the conditions set forth in the
Resolution, Dade County should be required to plant new
oak trees in modified parking lot center planting islands
which are a minimum of 18 feet in height with a 4 inch
caliper and additional new oak trees a minimum of 25 feet
in height in front of the proposed extended decorative
wall along the south facade of the building to screen
mechanical equipment higher than the decorative wall
pursuant to the filed Site Plan.
90- 910
L]
El
3. Finally, Dade County should be required to install
an architectural fence along the south property line
similar to the ones used at Jackson Memorial Hospital
and at the HUD apartment project on U.S. 1 in Coconut
Grove, as well as a four -feet high wall along the parking
lot pavement to screen out car lights during the night-
time operations of the County's facility. These items
are also shown on the filed Site Plan.
The above restoration conditions are supported by the filed
documentation before the Heritage Conservation Hoard as well as
our previously filed notice of appeal dated August 9, 1990, a copy
of which is attached hereto and incorporated by reference herein.
We would request a hearing be held on this appeal so that
additional documentation, expert opinions and sworn testimony can
be presented to the City Commission.
Res ectfully submitted,
14 4 n�eS-V�l
AJO/rr Anthony J. O'Donnell, Jr.
Enclosure
cc: Joseph W. McManus, Heritage Conservation Office{
Matty Hirai, City Clerk
90- 910
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AKERMAN. SENTERFIiT 8 EIDSON
ArmRNEY3 AT L-AW
ONC •RICKCLL SQUARC
Sol" FLOOR
s01 SIRICIIeL .toque
041ANI.FLORIa J4131-80'60
(2061 374.9400
TCLCCOP► (30e1 376.4090
August 9, 1990
Mr. Cesar Odic
City Manager
3500 Pan American Drive
Miami, Florida 33133
Re: Notice of Appeal to Heritage Conservation Board Pursuant
to Section 17-15. City of Miami Code
Dear Mr. Odic:
This notice of appeal is filed on behalf of Veronica
Nagymihaly d/b/a Nagymihaly Properties ("Appellant"), the owner of
the real property located at 2201 N.W. 23rd Street, Miami, Florida,
pursuant to Section 17-15, City of Miami Code. `
The Appellant seeks review by the City of Miami Heritage
Conservation Board of a decision by the City's Building and Zoning
Department set forth in a letter from Joseph A. Genuardi, Zoning
Administrator, dated August 1, 1990, a copy of which is attached
hereto as Exhibit "A."
The reasons and grounds for the appeal are as follows:
(1) The original tree removal and relocation plan approved
by the City for Metropolitan Dade county's Human Resources Center
required the preservation and replanting of thirteen (13) large
live oak trees originally located in a 65-feet wide open space
buffer which separated Appellant's property from the Center. (f_e
copies of landscape plan attached hereto as Exhibit "B.")
(2) The thirteen (13) large oak trees which were to be
replanted ranged in size from 20 feet to 36 feet in height (after
being "heavily pruned") with calipers ranging from 12 inches to 48
inches. (Am Exhibit "Be" Tree Relocation List).
(3) The originally approved plan showed that of the thirteen
large oak trees to be relocated, ten trees, 20 to 36 feet in height
were to be planted along the south property line for the purpose
of buffering the Appellant's property from the expansion of Dade
County's facility. However, the plan showed that the proposed
landscaped area where these large trees were purportedly to be
planted was only three tegt wjdS which made any such relocation
physically impossible. When the relocation was attempted in this
3-feet wide area and later in the 5-feet wide interior landscape
90- 910
islands, all the large oak trees quickly died. Dada County should
be held fully accountable for what can only be described as an
intentional destruction of the trees. The Appellant advised Dade
County in writing as early as February 22, 1989, that it was
unlawfully destroying the trees - yet no corrective action was
taken to avoid the losses.
(4) The new plan now approved by the Building and Zoning
Department fails to compensate for the County's destruction of the
13 large oak trees, fails to provide a proper planting area for the
proposed fifteen new oak trees and fails to provide a reasonable
buffer for the Appellant's residential property which faces
directly into the parking lot of Dade County's facility.
Accordingly, the Appellant requests the Heritage Conservation
Board to impose the following requirements on Dade county's
facility:
A. Require that the fifteen (15) oak trees be a minimum of
20 feet in height with at least five trees being 30 to 35 feet in
height. This would mean that most of the new trees would only meet
the smallest tree size of those removed and destroyed by Dade
County.
B. Eliminate the condition that the new trees must be
available in Dade, Broward or Monroe Counties. The major source
of such larger oak trees is outside these three counties.
C. Require that the 3-feet wide landscape area along the
south property line be increased to eight (8) feet. This would
provide an adequate planting space for the new oak trees as well
as provide a more reasonable buffer for the Appellant's property.
To .accomplish this increase, the 5-feet wide interior landscape
islands running east/west in the parking lot would be eliminated
and the existing parking spaces along the south border would be
moved back five feet (See Exhibit "C"). This would leave two 5-
feet wide islands at the center of the lot with space for at least
four (4) additional oak trees twenty to thirty-five feet in height
so that a total of nineteen or twenty such trees should be required
for the site.
We would also request a hearing be held on this appeal so that
additional documentation, expert opinions and sworn testimony can
be presented for the Board's consideration.
AJO/rr
Enclosure
Respectfully submitted,
Anthony J. O'Donnell, Jr.
90--- 910
cc: Mr. Joe McManus, heritage
Conservation Officer, Planning Department
Sarah Eaton, Planning Department
City Clerk, City of Miami
90- 910
August 1, 1990
Mr. Narinder S. Jolly, Director
Department of Development and
Facilities Management
Facilities Development Division
111 N.W. 1st Street
Miami, FL 33128-1988
Re: Dade County Human Resources Health Center at
2500 N.W. 22 Avenue, Permit No. 89-185
Dear Mr. Jolly:
? have reviewed your letter and landscape plan !dated July 24,
1990) you delivered to my office on July 24, 1990 and find it
acceptable with the following conditions:
1. Transplant eight (8) existing Gumbo Limbo trees along
south property line to locations shown on the plan.
2. Plant fifteen (15) new oak trees along the south
property line, fifteen (15) feet on center. The trees
shall be at 'east 18' high. If they cannot he ohtainel
by a 'landscape contractor within the ^ade/9rcwart,lllcr.roe
county area, then we will accept a minimum of '6' high
oaks.
This will be accepted to replace the oak trees that were to be
transplanted according to the plans approved by the City of Miami
but did not survive.
:n order to approve a Temporary Certificate of Occupancy prior to
the necessary planting and transplanting, a bond must be posted
to cover the full cost of obtaining, planting and transplantinq
the trees.
Please be advised that according to the City of Miami Code
Chapter 17,-nvironmental Preservation, Sea. rj-15: Any citi^en
may appeal any decision made by this department in Anforcemrnt of
the term or provision of the Chapter to the Heritage Conversation
Hoard by filing within ten (10) days after date of this initial
decision, a written notice of appeal to the City Manager with a
90- 910
R ILDING AND ZONING DEPARTMENT
A
z
Narinder S. Jolly
copy to the City Clerk and the
which shall set forth precisely
the reasons and grounds for the
accompanied by the applicable fee.
August 1, 1990
Page 2
Heritage conversation Officer,
the decision appealed from and
appeal. Each appeal shall be
If you have any questions, please contact me as soon as possible.
Very truly yours,
S� A. GENUARDI, P.E.
Zoning Administrator
JAG/jg
cc: Sergio Rodriguez, Director
•Warren Bittner, Ass't. City Attorney
Joe McManus, Ass't. Deputy Director
Santiago Jorge -Ventura, Ass't. Director
Anthony J. O'Donnell
Akerman, Senterfitt h Eidson
One Arickell Square - 24th floor
801 Brickell Avenue
Miami, FL 33131-2948
90 - 910
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TREE REIAXATION I.tSI
NUMER SPECS GL—"T IICICfri 6 SPREAD
i OAK 28" 3L' x 3t)'
2 OAK 40•. 3n' xX'
3 OAK 30•' 21)' x 16' Czi A,X74
4 OAK 3?" 24' x 24'
5 OAR 48" 36' x 30'
6 OAK 16- 20' x 21'
I OAK 24" 20' x 20'
8 OAK 14•1 22' x 18'
9 OAK 12" 26' x t0'
t0 OAK 24" 26, x 24'
It Of! 24" 24' x 24'
12 on 16" 20' x 12e
13 OAK 16- 2C' x 26'
WOTES:
I. All listed trees have heen heavily pruned ultfoln tf.e
Post the ,years, ulth suMtantial tree canopy remuvad.
2. All calipers sad hel6ht and spread measurem-ents are
"Proximate only, and contractor should veifty hetore
Uddlns.
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COUNTY ATTORNEY
METROPOLITAN DADE COUNTY, FLORIDA
SUITE 2810
METRO.OAOE CENTER
111 N.W. 1st STREET
MIAMI. FL 33128-1993
(305) 375.5151 September 26, 1990
FAX (305) 375.5634
Anthony J. O'Donnell, Jr., Esquire
Akerman, Senterfitt & Eidson
801 Brickell Avenue
Miami, Florida 33131
Re: Dade County Human Resources Health Center
2500 N.W: 22 Avenue
Dear Tony:
Enclosed for your information is a copy of a letter from
County Manager Joaquin Avino delivered to Mr. Joseph Genuardi on
September 25, 1990.
Sincerely,
J?`lti-
.l
J; i Armstrong J, f fey
Assistant County Attorney
JAC/bc
Enclosure
cc: Joel Maxwell, Esquire
Warren Bittner, Esquire
Miriam Maer, Esquire
90-- 910
0 t"
METROPOLITAN DADE COUNTY, FLORIDA ��1%
rpu
METROOAM rA►
AmIiiiiiffb METRO•OADE CENTER
OFFICE OF COUNTY 111""EII
su1T! "10
111 N.W. Ist STREET
MIAMI. FLORIDA 33IM1104
OM 3Ts6311
September 20, 1990
Mr. Joseph A. Genuardi, P.E.
Zoning Administrator
City of Miami
Building and Zoning Department
275 N.W. 2nd Street
Miami, Florida 33233-0708
Re: Dade County Human Resources Health Center,
2500 N.W. 22 Avenue
Dear Mr. Genuardi:
Pursuant to the provisions of Section 1803, Zoning Ordinance
of the City of Miami (Ord. No. 11,000)L, Dade County respectfully
requests that, by reason of the facts described below, you
immediately lift the automatic stay of the temporary certificate
of occupancy for the referenced project, issue a temporary
certificate of occupancy, and certify to the City of Miami Zoning
Board that you have done so due to imminent peril to life and
property.
Each day of delay poses a literal risk of life or death to
AIDS patients needing nursing home beds, and already this
project's certificate of occupancy has been delayed for months
pending resolution of a landscaping matter which does not pose
any threat to the safety of the facility. All that remains is
the City Zoning Board's review of a new landscaping plan that you
have already approved. We sought that review on September 17,
1990, but the Zoning Board deferred action until October 15,
1990. On September 18, 1990, the City's own expert Heritage
Conservation Board considered the same plan you have approved and
approved it on a modified basis acceptable to Dade County. In
1The -previous Zoning Ordinance of the City, of Miami, Ord.
No. 11,000, which was in effect until September 4, 1990, included
an identical provision.
90-- 910
4V
yr. Joseph A. Genuardi, P.E.
September 20, 1990
Page No. 2
view of these circumstances, we urge you to issue the certificate
of occupancy without any further delay. You currently hold Dade
County's bond to insure completion of the landscaping
requirements.
IMMINENT PERIL TO LIFE AND PROPERTY
HRHC has been nationally recognized for its ground breaking
efforts in the care of AIDS patients. HRHC was the first nursing
home in the Southeast United States to accept AIDS patients, and
it has done so since at least 1983. HRHC currently dedicates
twelve of its 150 beds to AIDS patients.
In 1987, Dade County obtained a $2.3 million state grant to
expand its facility to increase the number of nursing home beds
available for indigent AIDS patients. The expansion which is the
subject of this action was funded with that grant. The expansion
contains thirty beds.
HRHC is the only nursing home in all of Dade County,
including 2the City of Miami, that serves indigent AIDS
patients. As you are doubtless aware, the symptoms of
full-blown AIDS are devastating to its victims, and may include
severe weight loss, life -threatening respiratory illnesses, and
damage to the central nervous system, sometimes resulting in
disorientation and inability to care for personal needs.
Although AIDS patients suffering from such symptoms may not
require continuous hospitalization, many obviously need
around -the -clock institutionalized nursing care. As will be
explained later, substitutes for such care, including hospice and
home care, fall critically short of their needs.
2In fact, only one other nursing home will accept even
non -indigent AIDS patients, the North Shore Nursing Home.
Because of the often astronomical costs of treating AIDS,
patients who at early states of the disease may have had the
financial means to cover costs of treatment may at later stages
become indigent. Medicaid is not a satisfactory solution either.
It pays only a small percentage of actual costs of treatment, and
is not available to a great many of the patients who are not
eligible for a variety of reasons, including the fact that many
of the patients are undocumented aliens.
90-- 910
Mr. Joseph A. Genuardi, P.E.
September 20, 1990
Page No. 3
The number of diagnosed cases of full-blown AIDS in Dade
County is rising rapidly. The South Florida AIDS Network, an
agency of Jackson Memorial Hospital, provides referral services,
transportation, and other social services to patients with AIDS
or positive HIV tests. Currently, SPAN is serving approximately
6,800 patients, and is processing 180 new applications every
month, 1/3 of which have full-blown AIDS. The 70 hospital beds
at Jackson Memorial Hospital that are dedicated to AIDS patients
operate continuously at 120% occupancy, with patients being
housed in the emergency room and other holding facilities.
A very critical point arrives at the time an indigent AIDS
patient who, though ill, is able to be discharged from hospital
care. The decision :gust be made whether to keep that patient in
the hospital, thus depriving another prospective AIDS patient of
a bed, or to discharge him to one of a variety of unsatisfactory
care options. Other than the existing twelve beds at HRHC, the
only options for indigent AIDS patients are hospice care, home
care with visiting nurses, family care and no care. Any patient
discharged to one of these care options will likelIx die ear ier
because no around -the-clock institutionalizedinstitMionalized nursing home care
is available. Not one of these facilities has vents ators or
other egyipment necessary to resuscitate a patient who enters a
crisis. Further, home care is not satisfactory because nursing
care in the home is provided only on an hourly basis, leaving the
bed -ridden patient helpless to fend for himself in the hours when
the nurses are not there. Also, it will probably come as no
surprise to you that there are some locations in this county
where nursing services simply will not go. A final problem with
horse care is that disoriented AIDS patients may simply leave home
and be unable to find their way back, exposing themselves to
infection and quicker death. This last problem is not
hypothetical. It happens on a more regular basis that might be
thought.
we believe you can see from this discussion that indigent
patients with AIDS are literally facing a risk to their lives
because of the shortage of nursing home care. Medical decisions
3Indeed, the whole philosophy of hospice care is not to
undertake. extraordinary efforts to prolong life, which may be
appropriate for patients in the very late stages of the disease
who have so opted, but which is entirely inappropriate for other
patients at early stages.
90- 910
1
Mr. ,;oseph A. Genuardi, P.E.
September 20, 1990
Page No. 4
are now being made to release patients to one of the
unsatisfactory care options that have been described.
We therefore respectfully request that without any further
delay you grant a certificate of occupancy so that the County can
go forward with construction of this much -needed facility.
JGA/JAC/bc
Very truly yours,
Joaquin G. Avino, P.E. P.L.S.
County Manager
90- 910
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