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HomeMy WebLinkAboutExhibit BJ-96-1147(b) 1/23/97 RESOLUTION NO. 97- 73 A RESOLUTION, WITH ATTACHMENT(S), REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO PERMIT A HEALTH CLINIC (MEDICAL OFFICE) FOR THE PROPERTY LOCATED AT 1900 BRICKELL AVENUE, MIAMI, FLORIDA (THE "PROPERTY"), ZONED R-3 MULTI -FAMILY MEDIUM - DENSITY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO THE FOLLOWING CONDITIONS, ALL OF WHICH SHALL BE INCLUDED IN A RECORDED COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY: (A) THE HEALTH CLINIC (MEDICAL OFFICE) SHALL BE USED ONLY FOR CONSULTATION RELATING TO PLASTIC SURGERY; NO MEDICAL OR SURGICAL PROCEDURES OF ANY KIND SHALL BE PERFORMED ANYWHERE ON THE PROPERTY; (B) THERE SHALL BE NO OVERNIGHT STAYS IN THE FACILITY; (C) THE CONSULTATION AT THE HEALTH CLINIC (MEDICAL OFFICE) SHALL OCCUR BETWEEN THE HOURS OF 9:00 A.M. TO 6:00 P.M. ONLY; (D) AT NO TIME MAY PROPERTY OWNER MAKE ANY CHANGES TO THE EXTERIOR OF THE BUILDING OR THE SITE PLAN WITHOUT PRIOR CITY COMMISSION APPROVAL AT A PUBLIC HEARING, ALL EXPENSES OF WHICH SHALL BE BORNE BY THE PROPERTY OWNER; (E) THE TITLE TO THE PROPERTY SHALL NOT BE TRANSFERRED WITHOUT PRIOR APPROVAL OF THE COMMISSION AT A PUBLIC HEARING, ALL EXPENSES OF WHICH SHALL BE BORNE BY THE PROPERTY OWNER; (F) THERE SHALL BE NO MORE THAN THREE PERSONS EMPLOYED BY THE HEALTH CLINIC (MEDICAL OFFICE): THE PROPERTY OWNER/PLASTIC SURGEON, ONE NURSE, AND ONE CLERICAL PERSON; (G) THERE SHALL BE NO OVERFLOW PARKING ON THE GRASS; AND (H) PARKING AT THE FACILITY SHALL BE LIMITED TO THE TWELVE (12) PARKING SPACES PRESENTLY REFLECTED ON THE SITE PLAN, OF WHICH EIGHT SHALL BE PAVED AND FOUR SHALL BE "TURF -BLOCK" (GRASS). ATTACHMENT (S) CCONTAIINED This submittal needs tote scheduled bra public hearing h accordance with timelines set forth In the City of Miami Code. The appticcabe decision -making body wilt review the information at the pubc hearing to render a recommendation or a Anal decision. :CITY COMMISSION. MEETING OE JAPE 2 3 1997 Resolution No. 97- 73 WHEREAS, the Miami Zoning Board at its meeting of September 16, 1996, Item No. 5, duly adopted Resolution No. ZB 106-96 by a six to three (6-3) vote, denying a special exception as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the special exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds that the application for a special exception meets the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the special exception and to reverse the decision of the Zoning Board; 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 requiring City Commission approval, as listed in Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, R-3 Multi -Family Medium -Density Residential, to permit a health clinic (medical office) for the property - 2 - This submftal needs to be scheduled fora public hearing In accordance whh tl mein. set forth In the City of Miami Code. The applicable decision -making body rvill review the information at the pu blx hearing to rendera recommendation or a final decision. 97- 73 located at 1900 Brickell Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof, zoned R-3 Multi -Family Medium -Density Residential, per plans on file, is hereby reversed and the Special Exception is hereby granted, subject to the following conditions, all of which shall be included in a recorded covenant in a form acceptable to the City Attorney: (a) the health clinic (medical office) shall be used only for consultation relating to plastic surgery; no medical or surgical procedures of any kind shall be performed anywhere on the property;; (b) there shall be no overnight stays in the facility; (c) the consultation at the health clinic (medical office) shall occur between the hours of 9:00 A.M. to 6:00 P.M. only; (d) at time may property owner make any changes to the exterior no of the building or the site plan without prior City Commission approval at a public hearing, all expenses of which shall be borne by the property owner; (e) the title to the property shall not be transferred without prior approval of the commission at a public hearing, all expenses of which shall be borne by the property owner; (f) there shall be no more than three persons employed by the health clinic (medical office): the property owner/plastic surgeon, one nurse, and one clerical person; (g) there shall be no overflow parking on the grass; and (h) parking at the facility shall be limited to the twelve (12) parking spaces presently reflected on the site plan, of which eight shall be paved and four shall be "turf - block" (grass). - 3 - This submittal needs to to scheduled bra public hearing VI accordance with timelines set forth In the City of Miami Code. The appticca be decision -making body wilt review the information at the pubc hearing to render a recommendation or a Anal decision. 97- 73 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of January , 1997 WALTER CITY CLERK PREPARED AND APPROVED BY: %\\\\\A\m‘v\ G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QU CITY W1179 : GM : JMx - 4 - JOE CAROLLO, MAYOR This submftal needs to be scheduled fore public hearing In accordance whh tlmein. set forth In the City of Miami Code. The applicable decision -making body rill review the information at the public hearing to rendera recommendation or a final decision. 97- 73