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HomeMy WebLinkAboutMercy Hospital MUSP Resolution 93-608 (9.27.93)03/16/2006 THU 17 FAX E oo5/016 J-93-644 10/5/93 r RESOLUTION NO 9 3-- 608 A RESOLUTION, WITH ATTACHMENT'(S), AUTHORIZING THE MERCY HOSPITAL NURSING HOME AND PARKING GARAGE MAJOR USE SPECIAL PERMIT, FOR THE PROPERTY LOCATED AT 3663 SOUTH MIAMI AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), PURSUANT TO AN APPLICATION FOR MAJOR USE SPECIAL PERMIT PROPOSED BY MERCY HOSPITAL; APPROVING SAID MAJOR USE SPECIAL PERMIT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE DEVELOPMENT ORDER. WHEREAS, on June 14, 1993, Mercy Hospital submitted a complete Application for Major Use Special Permit for an additional 120-bed nursing home and 650-car parking garage pursuant to Article 17 of Zoning Ordinance No. 11000, for that parcel located at 3663 South Miami Avenue, Miami, Florida, as legally described in the Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 8, 1993, Item No. 2, following an advertised public hearing, adopted Resolution No. PAB 30-93 by a vote of Seven to two (7-2), RECOMMENDING ABPROvAL of the Major Use Special Permit Development Order as attached hereto; and f f•� r nJ (r(r., CITY COMMISSIOW MEETING OF S E P 27 7293 Revolution No. 93608 03/16/2006 THU 16:07 FAX 0006/016 WHEREAS, on September 27, 1993, the City Commission conducted an advertised public hearing to consider the Application for Major Use Special Permit determined that all requirements of notice and other legal requirements for the issuance of the proposed Major Use Special Permit Development Order had been complied with; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to. issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the Mercy Hospital Nursing Home and Parking Garage, which is attached hereto as Exhibit "A" and made a. part hereof by reference, as more particularly described in Exhibit "A". Section 2. The Major Use Special Permit Development Order for the Mercy Hospital Nursing Home and Parking Garage, (Exhibit "A"), is hereby granted and issued. Section 3. The City Manager is hereby directed to take all actidns necessary to fulfill the City's obligations under the terms of the Development Order (Exhibit "A"). Section 4. In the event that any portion or section of this Resolution or the Development Order (Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner -2- 608 03/16/2006 THU 16:08 FAX IZ007/016 r affect the remaining portions of this Resolution or Development Order (Exhibit "A"), which shall remain in full force and effect. Section 5. The effective date of this development order shall be thirty (30) days from date of adoption hereof; provided, however, that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved. PASSED AND ADOPTED this27th day of September 1993. VIER MA TY HIRAI CITY CLERK PREPARED AND kPPRO NDA K. I<E2SON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A Q CITY ATT LICK:bse:M 24- 608 03/16/2006 TIIU 16:08 FAX Z008/016 STATE OF FLORIDA COUNTY OF DADE CITY OF MIAMI I, MATTY HIRAI, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 3, inclusive, constitute a true and correct copy of a Resolution passed and adopted by the City Commission at the meeting held on the 27th day of September, 1993. SAID RESOLUTION WAS DESIGNATED AS RESOLUTION NO. 93-608. IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami,. Florida this 3rd day of November, 1993. 1 1.* • v F.?4 (OFFICIAL SEAL) 13y: MATTY HIRAI City Clerk Miami, Florida 03/16/2006 THU .16:08 FAX feJ 000/016 EXHIBIT "A" ATTACHMENT TO RESOLUTION NO. 93- SEPTEMBER 27, 1993 MERCY HOSPITAL NURSING HOME AND PARKING GARAGE MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Axticle 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, the Commission of the City of Miami, Florida, has considered in a public hearing hei.d on September 27, 1993, the issuance of a Major Use Special Permit for the Mercy Hospital Nursing Home and Parking Garage, to be located at 3663 South Miami Avenue being THAT PORTION OF TRACT 4, OF "VIZCAYA - JAMES DEERING ESTATES", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34 AT PAGE 46 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST WESTE LY CORNER OF SAID TRACT 4, THENCE RUN N52 47'45"E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT 4, ALSO BEING THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SOUTH MIAMI AVENUE, FOR A DISTANCE OF 40.00 FEET; THENCE RUN S37©12'15"E, ALONG A LINE 40 FEET NORTHEAST OF AND PARALLEL WITH THE SOUTHWEST LINE OF SAID TRACT 4, FOR A DISpNCE OF 962.22 FEET; THENCE RUN N52 47'45"E, PARALLEL WITH THE NORTHWEST LINE OF SAID TRACT 4, FOR A DIS�ANCE OF 324.41 FEET; THENCE RUN N37 12'15"W, PARALLEL WITH THE SOUTHWEST LINE OF SAID TRACT 4, FOR Pd DISTANCE OF 297.22 FEET; THENCE RUN N52 47'45"E FOR,A DISTANCE OF 3.11 FEET; THENCE RUN N37o12'15"W FOR A DISTANCE OF 215.00 FEET; THENCE RUN N52 47'45"E, ALONG A LINE 450.00 FEET SOUTHEAST OF AND PARALLEL WITH THE NORTHWEST LINE OF SAID TRACT 4, FOR A DISTANCE OF 397.77 FEET TO A POINT OF INTERSECTION WITH A CIRCULAR CURVE, FROM SAID POINT OF INTERSECTION THE CENTER OF THE NEXT DESCRIBED CURVE BEARS S43e38'43"W; THENCE 608 03/16/2006 TIN 16:08 FAX j010/013 RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, BEING CONCAVE TO THE SOUTHWEST AND HAvQI NG FOR ITS ELEMENTS A CENTRAL ANGLE OF 4 34'08", A RADIUS OF 1351.97 FEET, FOR AN ARC DISTANCE OF 107.81 FEET TO TFIE POINT OF REVERSE CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, BEING CONCAVE TO THE NORTHEAST AND HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 13°43'10', A RADIUS OF 1451.97 FEET, FOR AN ARC DISTANCE OF 347.67 FEET TO THE POINT OF INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID TRACT 4; THENCE RUN N52 47'45"E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT 4, FOR A DISTANCE OF 470.00 FEET; THENCE RUN S37°12'15"E, AT RIGHT ANGLES, FOR P DISTANCE OF 1020.00 FEET; THENCE RUN S82 12'15"E FOR A DISTANCE OF 431.34 FEET; THENCE RUN S37°12'15"E FOR A DISpNCE OF 502.09 FEET; THENCE RUN S54 03'23"W FOR A DISTANCE OF 1173.19 FEET; THENCE RUN N71°07'14"W FOR A DISTANCE OF 545.86 FEET; THENCE RUN N37°12'15"W, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 4, FOR A DISTANCE OF 1348.30 FEET TO THE POINT OF BEGINNING. CONTAINS 40.742 ACRES OF LAND, MORE OR LESS. ALL OF THE FOREGOING SUBJECT TO ANY. DEDICATIONS, LIMITATIONS,- RESTRICTIONS, RESERVATIONS OR EASEMENTS OF RECORD. FINDINGS OF FACT NAME OF DEVELOPMENT: The Mercy Hospital Nursing Home and Parking Garage NAME.OF DEVELOPER: Mercy Hospital. AUTHORIZED AGENT Ed Rosasco, Jr., CEO OF DEVELOPER: Mercy Hospital PROJECT DESCRIPTION: The Mercy Hospital Nursing Home and Parking Garage development consists of expanding Mercy Hospital to -2 - 93-- fi08 03/16/2006 THU 16:08 FAX Z011/016 accommodate a 120-bed nursing home and a 650-car parking garage. The project conformsto the requirements of Zoning District G/I Government Institutional District as contained in Zoning Ordinance No. 11000 The Comprehensive Plan Future Land Use designation for the parcel is Major Public Facilities, Transportation and Utilities which allows the proposed parking and nursing home as integral components of the surrounding medical complex. The project also reflects recommendations, received at the Mimi Large Scale Development committee meeting of June 30, 1993. The project will be constructed substantially in accordance with plans and design schematics on file prepared by Hellmuth, Obata & Kassabaum, Inc., dated August 1993. THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL: 1. Meet all applicable building -codes, land* development regulations, ordinances and other laws. 2. Prior to any Building Permit being issued, provide a letter assuring that the Mercy Hospital Nursing Home and Parking Garage development has addressed all concerns of Dade County Water and Sewer Authority. 3. Prior to any Building Permit being issued, provide a letter assuring that the Mercy Hospital Nursing Home and Parking Garage development has addressed all concerns of Metro-- Dade's Department of Environmental Resources Management. 4. within six (6) months from the issuance of the Major Use Special Peimit, provide a letter indicating coordination with members of the Fire Plan Review Section to discuss the scope of the project, owner responsibility, • building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 93- 608 03/16/2006 THU 16:08 FAX [a012/016 r 5. Within six (6) months from the issuance of the Major Use Special Permit, provide a letter assuring that the Mercy Hospital Nursing Home and Parking Garage development has addressed all concerns of the Solid Waste Department. 6. Prior to issuance of a building permit, allow the Miami Police Department to conduct a security survey, at the option of the Department, and make recommendations concerning security measures' and systems. Submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the project security and construction plans, or demonstrate to the Planning Director how such recommendations are Impractical. 7. Within six (6) months, provide evidence of reimbursement in the amount of $2,500 to the City of Miami Department of Off - Street Parking (DOSP) for the amount advanced by the (DOSP) for the parking feasibility study prepared pursuant to the request for proposals for leased operation of the parking garage. Prior to issuance of a building permit, provide letters from the Metro -Dade Public Works Department Traffic Division and the City's Public Works Department assuring that Mercy Hospital has addressed all traffic concerns of the respective departments, 9. Incorporate the following into the project design and operation to minimize the cumulative adverse regional impact of the project, its traffic and associated pollutant emissions on air quality: a. Actively encourage and promote ridesharing by establishing a car and van pool information program; b. Provide local and regional mass transit route and schedule information in convenient locations throughout the project, including office complex lobbies and within and adjacent to retail areas; C. Encourage transit use by provision of bus shelters, development of turnout lanes, or provision of other amenities to increase ridership; and d. Provide on -site bicycle storage facilities to encourage use of alternative modes of transportation. 10. For the purposes of water conservation, utilize low water use plumbing fixtures, self -closing and/Or metered faucets, and other water conserving devices. -4- 608 03/16/2006 TIIU 16:08 FAX U013/016 r 11. Incorporate the use of water sensors and other low water volume landscape irrigation techniques to reduce the project demand on the region' s potable water supply. 12. If, in the future, daycare i5 to be included in the project and is located in space above the second floor, prior to commencement of construction of the project, submit a letter of approval from the State of Florida Department of Health and Rehabilitative Services for the location of a day care facility and submit detailed plans. If located elsewhere on the subject property, then submit detailed plans for the proposed day care center to the City of Miami. Section 936.5 of zoning Ordinance No. 11000 requires outdoor play area of a minimum size of 400 square feet or 45 square feet per child, whichever is greater and the National Fire Protection Association (N.F.P.A.) 101 Life Safety Code requires a minimum of thirty-five (35) square feet per child of indoor floor area; design plans for the day care facility shall be revised to accommodate these minimum requirements. Within tWenty-four (24) months from approval of a certificate of occupancy or when the building is 50% occupied, whichever comes first, ensure that a day care center is open during noilual work week hours and continuously operating with a minimum capacity for one hundred (100) children, unless the Planning Advisory Board relieves the Applicant of all or part of such requirements upon a showing that there is insufficient demand to justify the operation of such day care facility. 13. Record, within 30 days of the effective date of the development order, notice of the adoption of the development order with the Clerk of the Dade County Circuit Court pursuant to Section 380.06(15), F.S., specifying that the development order runs with the land and is binding on the applicant, its successors," and assigns, jointly or severally. 14. Prior to issuance of a building permit replat the property, if determined by the City's Department of Public Works to be necessary purusant to the applicable provisions of the City Code 15. Pursuant to a zoning determination by the Director of the Planning, Building and Zoning Department dated September 1, 1993, relocation of required offsite parking during construction shall be permitted with the following conditions: (1),applicant shall provide to the City a copy of the lease or the parking agreement which will fulfill the parking requirement during construction; (2) if offsite parking is to be provided across an adjoining street or alley, parking for the project shall only be provided in a similarly zoned district; (3) the relocation shall be limited to the duration of construction up to the issuance of a Certificate of Occupancy; and (4) the distance between -5- 608 03/16/2006 THU 16:09 FAX Z014/016 r the principal entrances of the temporary parking facility and the use being served shall be limited to six hundred (GOO) feet. 16. Participate in the financing of widening South Bayshore Drive should such widening occur. THE CITY SHALL: 1. Establish the effective date of the Major Use Special Permit as the date the thirty (30) day appeal period for such permit ends. 2. Initiate the Street closure process and schedule public hearing for the following purposes: a. b. c. d. To make permanent the one-way direction of Alatka Street- from Tigertail Avenue to South Bayshore Drive. To make permanent the one-way direction of Halisee Street from Micanopy Avenue to South Bayshore Drive. To make permanent the closure of Halisee Street at U.S. 1 from both ingress and egress to and from Natoma Manors. To place a planter across half of Halisee Street and Atlatka Street at SOuth Bayshore Drive, so as to assist with traffic control, thereby keeping a portion of the street egressing Natoma Manors to South Bayshore open and preventing ingress to Natoma Manors. Periodically request status reports from Mercy Hospital, Inc., Bay Heights Improvement Associates and Natoma Manors Homeowners Association as the parties to that certain Agreement dated September 27, 1993 to report to the City Commission the progress of the terms and provisions set forth in -said Agreement. RECOMMENDATION: 1. Applicant, to the extent feasible, shall prepare a Minority Participation Plan to be submitted within ninety (90) dayu of the issuance of this Major Use Special Permit; it being understood that the City' u Minority/Women Business Affairs and Procurement Ordinance No. 10062, as amended, is a guide. 608 03/16/2006 THU 16:09 FAX 12015/016 CONCLUSIONS OF LAW The Mercy Hospital Nursing Home and Parking Garage compiies with the Miami Comprehensive Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of Zoning Ordinance No. 11000: (1) The project will have a favorable impact on the economy (2) (3) of the City; and The project wili efficiently use public transportation facilities; and The project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) The project will efficiently use necessary public facilities; and (5) The project will not negatively impact the environment and natural resources of the City; and (6) The project will not adversely affect living conditions in the neighborhood; and (7) The project will not adversely affect public safety; and -7- 9 608 03/16/2006 THU 16:09 FAX PJ016/016 (8) The public welfare will be served by the project; and (9) Any potentially adverse effects of the project will be mitigated through conditions of this Major Use Special Permit, The 'Proposed development does not unreasonably interfere with tne achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami; and a Pursuant to Section 1705, Zoning Ordinance No. 11000, the specific site plan aspects of the project i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and li hting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing a building permit and certificate of occupancy. 608