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Home My WebLink AboutM-76-10402 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. A RESOLUTION AFFIRMING GRANT OF A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE N0. 6871, ARTICLE VI, SECTION 1(4-A)(d), TO PERMIT RESIDENTIAL SUBSTANCE ABUSE FACILITY FOR 60 OCCUPANTS ON LOTS 4, 5, 6, & 7, BLOCK 6; BROADMOOR (2-37), BEING 3055 N.E. 4TH AVENUE, ZONED R-3 (LOW DENSITY MULTIPLE); SUBJECT TO CONCURRENT PETITION FOR VARIANCES, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. LIMITING OCCUPANCY TO NO MORE THAN 60 RESIDENTS; 2. PROHIBITING COOKING ON PREMISES; 3. SOUNDPROOFING ALL THERAPY ROOMS; 4. PROVIDING IMPROVEMENTS FOR 8 PARALLEL OFF-STREET PARKING SPACES ALONG N.E. 4TH AVENUE & N.E. 30TH TERRACE IN ACCORD WITH OFF- STREET PARKING REQUIREMENTS, SUBJECT TO PLANNING DEPARTMENT APPROVAL; 5. RESTRICTING COUNSELLING AND MEETING SESSIONS TO HOURS BEGINNING NOT EARLIER THAN 10:00 A.M. AND ENDING NOT LATER THAN 10:00 P.M.; 6. PROVIDING FOR LANDSCAPING ALONG N.E. 31ST STREET, SUBJECT TO PLANNING DEPARTMENT APPROVAL; 7. REMOVAL OF MOTEL SIGN & PLACEMENT OF FLAT WALL IDENTIFICATION SIGN NOT GREATER THAN 10 SQ.FT. IN AREA: 8. PROVIDING FOR SCREENING OF REFUSE CONTAINER. WHEREAS, the Miami Zoning Board, at its meeting of September 13, 1976, Item No. 2(a), following an advertised hearing, adopted Resolution No. ZB 138-76 by a 4 to 3 vote granting Conditional Use as provided in Ordinance No. 6871, Article VI, Section 1(4-A)(d) as hereinafter set forth; and WHEREAS, certain objectors who are residents of the neighborhood have taken their appeal to the City Commission; and WHEREAS, the Commission after due deliberation and careful consideration of this matter finds that the use will not be detrimental or injurious to the character or the development of the immediate neighborhood; C - NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The g in Ordinance No. 6871, Articl= I, Section 1(4-A)(d), to permit Residential Subst- ce Abu = _cility for 60 occupants on Lots 4, 5,6, and 7, Bloc MOOR (2-37), being 3055 N.E. 4th Avenue, zoned R-3 (Lo��'ens Multiple); subject to concurrent petition for variances a d subje fr to the following conditions; ,1 7t-Aa‘// "DOCUMENT INDEX ITMi ti9r f Conditi na a5 YLCVided % --/if « v � -�'e 9 Ling oddupandy ti no Mbfe than 60 Residents; 2. prohibiting on premises; 3. Soundproofing all therapy rooms; 4. Provid- rovements for 8 parallel off-street parking spaces along h Avenue and N.E. 30th Terrace in accord with off-street requirements, subject to Planning Department approval; 5. ting lier counselling and than 10:00 A.M. meeting sessions to hours and ending not later than iding for landscaping along N.E. 31st Street, beginning 10:00 P.M.; subject ning Department approval; 7. Removal of motel sign and nt of flat wall identification sign not greater than 10 sq. area; 8. Providing for screening of refuse container; be same is hereby affirmed. PASSED AND ADOPTED this day of .ERK :D AND APPROVED BY: ' ( Jl -f•-c Lw�� E. ANDERSON INT CITY ATTORNEY D AS TO FORM AND CORICTNESS: r�J F. K ►'TORN mmmw MEEK mmmw MEOW P MEW 2. 1 2 3 4 S 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 MEA 10/11/76 7 RtSOtUTION AFFIRMING THE GRANT OF V,RIANCE BY THE ZONING BOARD FROM ORDINANCE NO, 6871, ARTICLE IV, SECTION 41 (4)(6)(7), TO PERMIT USE OF LOTS 4,5,6,and 7, BLOCK 6, BROADMOOR (2-37), BEING 3055 N.E. 4TH AVENUE FOR RESIDENTIAL SUBSTANCE ABUSE FACILITY FOR 60 OCCUPANTS, UNDER CONCURRENT PETITION FOR CONDITIONAL USE, WITH 8 PARKING SPACES (21 REQUIRED), WITH FRONT SETBACK OF 15' (20' REQUIRED), AND WITH NO SHADE PROVIDED, SUBJECT TO REVIEW BY THE ZONING BOARD AFTER ONE YEAR; ZONED R-3 (LOW DENSITY MULTIPLE) DISTRICT. WHEREAS, the Miami Zoning Board at its meeting of Stptember 13, 1976, Item No. 2(b), following an advertised Hearing, adopted Resolution No. ZB 139-76 by a 4 to 3 vote granting variance from Ordinance No. 6871, Article IV, Section 43 (4)(6)(7), as hereinafter set forth; and WHEREAS, certain objectors who are residents of the neighborhood have taken their appeal to the City Commission; and WHEREAS, this Commission after careful consideration and due.deliberation of this matter finds that due to peculiar circumstances affecting this parcel of land practical difficulties and unnecessary hardship would impair the owners right to the reasonable use of the property without the grant of the variance requested; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The variance granted by the Zoning Board from Ordinance No. 6871, Article IV, Section 43 (4)(6)(7), to permit use of Lots 4, 5, 6, and 7, Block 6, BROADMOOR (2-37), being 3055 N.E. 4th Avenue for a Residential Substance Abuse Facility for 60 occupants, under concurrent petition for Conditional Use, with 8 parking spaces (21 required), with front setback of 15' (20' required), with no shade provided, subject to review by the Zoning Board after one year; zoned R-3 (Low Density Multiple), be and the same is hereby affirmed. MEMi MEL mmmm MEEF Emmg MEER mmw mE mw MM M MM MW 1 4 2 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 19,6. PASSED AND ADOPTED this MICHEL E. ANDERSON ASSISTANT CITY ATTORNEY 2. LOCATION/LEGAL APPLICANT DEVELOPER ZONING REQUEST EXPLANATION RECOMMENDATIONS -ADVISORY COMMITTEE ON SUBSTANCE ABUSE ZONING FACT SHEET 3(55 NE 4th Avenue Lots 4 through 7, Block 6, 13 t 3AThM 1 (23 ) Neighborhood petition, 9/27/76 The Village South, Inc. Matthew. Gissen, President R-3, Low Density Multiple Appeal of the Zoning Board's Variance to perdecisibti of tmitthe establish- ment granting Conditional Use a of a Residential Substance Abuse Facility. The applicants are residents and surrounding property owners who are appealing to the City Comrni��svonthe theZoning Cond Conditional Use decisionof September 13, 1976, approving and Variance from Standards (parking and landscaping) for the establishment of an existing drug treatment facility located in the former Seahorse Motel. The Zoning Board after three public hearings, granted the Conditional Use and Variance after a full review of the matter and the favorable recommendation of City and County Departments including Public Health, Fire, Police, Comprehensive Drug Program and the City's Advisory Committee on Substance Abuse. The Advisory Committee on Substance Abuse, an appointed committee of the City Commission, met on 6/4/76 to evaluate the establishment of a Residential Substance Abuse Facility in accordance with standards established in Article IV, Section 4 3 (Ordinance 8386) of the Comprehensive Zoning Ordinance. The Committee voted 3-0, 1 absentee and 1 unfilled membership to recommend to the Zoning Board that the establishment was appropriate on the following conditions: .1) no cooking or. premises 2) soundproofing all therapy rooms limited to sixty (60) occupants. "PLANNING £PARYMRN'' -ZONING BOARD COMMUNITY REACTION Approval subject to the following conditions: I s Lirriiting occupancy to no more than 60 resi( efitg. Prohibiting cooking on premises. Soundproofing all therapy rooms. Providing improvements for 8 parallel oft -street parking spaces along NE 4th Avenue and NE 30th Terrace in accord with off-stret parking requirements, subject to Planning Department approval. Restricting counselling and meeting sessions to hours beginning not earlier than 10:00 AM and ending not later than 10:00 PM. Providing for landscaping along NE 31st Street, subject to Planning Department approval. Removal of motel sign and placement of flat wall identifica- tion sign not greater than 10 square feet in area. 8. Providing for screening of refuse container. APPROVAL: The Zoning Board at its meeting of 9/13/76 adopted Resolutions #ZB-138-76 and #ZB-139-76, approving the Conditional Use and Variance by a 4 to 3 vote subject to the conditions recommended by the Planning Department and review by the Zoning Board after one year. Twenty-six (26) persons attending the Zoning Board hearing expressed objections to the "location" of the facility and cited as their main reasons: Over -concentration of these facilities in the City of Miami. Lowering of property values. Fear of residents to live in the area, especially senior citizens and women. 3055 NE 4th AVENUE LOTS 4-7, BLOCK 6 BROADMOOR (2-37) PPSOPOSEr,) 0\/1„.OPMS1.4-r. MAW -) ST.. 3 4 7 a 111•••••••••• Mintkirit! N v_ az s.rr. 14. 5 ta. N. o si. 3:77.-72-0-1—er ir2 (,),0..1C-1- PRoP'VRTy CITY OF MIA. Avfatio416,44.-ii . at 0 2 10 UNITS POO L. Liam' 0 e s-rofey 5 uNI-re, 2 EyrDRY t 2 uNrTS 2 1. PARK I N Gs . 30 1796„—suam.xam.,=, clrY OF MIAMc. FLORIDA INTEFF.-OFFICE tI Eti10RANOUM Mr• Robert Davis xecutive Secretary Zoning Board Ai,. • 7'.) PROM : earg,a4Jtrcton, Jr. Director, Planning Department July 1 4, 19.76 Zoning Board ittarii 3u1y 19, 1976 ktrFptsict3 tNCLOSUPS8 tat: 6iit goods The City of Miami Planning Department submits the following recommendations for the Zoning Board meeting of July 19, 1976; 1e APPROVAL SUBJECT TO THE FOLLOWING CONDITION: 1) Limiting occupancy to no more than sixty (60) residents, 2) Prohibiting cooking on premises. 3) Soundproofing all therapy roams. Providing, improvements for eight (8) parallel off-street parking spaces along NE 4th Avenue and NE 30th Terrace in accord with off-street parking requirements and subject to Planning Department approval. Restricting counseling and meeting sessions to hours beginning not earlier than S:00 .AM and not later than 10:00 PM. Providing for landscaping along NE 31 st Street subject to Planning Department approval. Removal of motel sign and placement of flat wall identification, sign not greater than 10 square feet in area. Provide for screening of refuse container. The establishment of a residential substance abuse center is substantially in accord with the provisions and standards for these facilities. The Location of th3 center has ben approved by the Advisory Committee on --Substance Abuse at their meeting of June 4, 1976. rabic City mtAisr;i0A _dbiont mt. doteph ot Miati, Florida MtliTIONAL USP1 - GRATS01.1,' .l.tNINCI BOARD t.PPEALTED TO CITY CO:AXISION tIFJGH1.2CL:MCD 03,3L=OP3 3055 N. E. 4th Avenue Lots 4 thru 7, Block 6: BROADMOOR (2-37) Applicant: Villae Foundation Inc. GentleMen: The Miami Zoning otrd tt its meeting of SrTtember 13, 116, Item i't.-2(a), 12011o.A.*inq an ach.rtiMTaring, adopted Pe3olution No. zn 138-76 by a 4 to 3 votc GrnVOI;JO Co-litirrnD1 1.10 1i in Orr:!1:lar.7e 6372, ARTT= VI, S.::ction 1(4-:)(d), 17acility for GO ocf-upnnts on Lots A, 5, G & 7, Bloc'. 6; BaoADmoa (2-37), being 3053 N. E. 4.1.:11 Awanue, zontA R-3 (Low DenJity Nultinlr!); subject to Variance:3 being concurrently pitioned and subj:ect to the following conditions: 1. Limiting oczupancy to no rlorfl then 60 Residents. 2. Prohibiting cooling on pzomiJes. 3. Soundproofing all therapy rooms. 4. Provicln7 i.larovstz parallel oEf-strzat p3r1:in7 spacos ;11Gics U. E. 4-t'n Avenue & N.E. 30th Terrace in accor:2 vftli 0-3treet rogniro- ments, subject to P1::tn,ling D.rpartment Lp:3roval. 5. R;alstricting coc111ing & meting seAs;.on-5 to 1“aars beginning not carlier than 10:00 A. M. & ending not 10:0d !). N. 6. Provi,ain(i L.O 1r33cp..ng.71onri N. E. :31st Street, rifYiot to 21z.trs%in-7, :Tr;l7o-11. 1. Roil of & pl,zc,2ment 02 flat wD11 not gatef tItaq 10 sq.fft. in Providin..7 far sr7r.-.aning of rofuse container. - „, -teitiectioriste tc.4.61edin the Mai14 and.t6.bbjedtOr ,-reserit at the meetifiq. Two letters in taVeir bit thig itttti • receitted ih the maill and 79 persons in #AVOr of this iteettwtte a the tin4, rcso,T4uTto affi=ing the 20111ftg tIoard`s grinting of this Conditional .e has been prcplrod b-2 t City Attorney's offite and submitted for -tonsideration bf th;:t city corAmissioft. Sinderely, Robe/t4/ixt: , ). Department of Administration Planning and Zoning Beards M. 21 ttat,hed: Minutes to: Law DepartMent Planning Department NOTE: Advisory Coilnlittce on Stlbstance Abuse at their meeting of June 4, 1(176 reTo7nendad ‘tly-7.,ov:11 of this item by a 3-0 Vote. Planning Departrccommendltion: APPPOVA7J, ative City Commission date: November 17, 197 r OS tiotiorat 1e City Corr% it;sion :. Attention: Mr. . Joseph "tom. 6 City of Miami, Florida VARIANCE - GRANTED By ZONING :30ARD Ap ?EASED TO CITY COMMISSION BY NEIGHBORHOOD O3JECTOPS 3035 N. E. 4th Avenue Lots 4 thru 7, Block 6; BROADMOOR (2-37) Applicant; Village Foundation Inc. Gentlemen The Miami Zoning L3oard at its meeting of September 13, 1976, Item 42(b), following an advertised Hearing, adopted Resolution No. Zfl 139-76 by a 4 to 3 vote GRANTING 7a:fiance from Ordinance 6871, ARTICLE IV, Section 43 (a) (6) (7) , to per; .i t use Lots 4, 5, 6, & 7, Block 6, B7CaDM00E (7 7� 3 ,• y N. �. f n ',b -3 r � , :� Li'.Cj .ry _� ri ;' r• C7t 1?..�1'�.�' _1^ S::'L'3t,'3n :• use Facility for 60 occupants, uz'_ler concurrent I etiticn for Conditional Use with :3 a :''zing spaces ` 2 front setback , p w _ ( 1 r G•1' i mod) , with f.i l7'1 _b of 15' (20' required), an3 with no -h-ide provided, subject to review by the Zoning Board after ole year; zoned R-3 (Low Density Multiple). T;.penty- :our objections were received in the mail, 26 objectors were present at t' et T;;o 1.,tters in favor of this item were received ,. �. � the n i. , c; . Two � � ; in the mail, 79 persons in favor ware present at the meeting. s ;15:50r I0i affirming the :onin Board's s granting of this Variance h7:13 been p-nared by `-? City Atto;-ney's Office and submitted for. consideration O`_ the City Commission. cm Z. :\ttaC':1"e ?i mutes' cc: La..; Department Planning Departmen Sincerely, .1 !7%I 7 i4.�ia�.....,C..-C...-1 •! . .. is,rector Department of Administration Planning and Zoning 3osrds 1 ;its L a 1 :'F• i, Fiati.ai 3A3+3,' ear 1,Ex4. At t ache l•ihe S etr1 ita ili .tt igyr l i e3 li) the .o i:t o:�x^:►� deci3ion 3jptaabet 13, 1• o o the ;le tC.+.ritia1 Substance _'13tl3e Facility r:noan a3 Village South located at 3305 x•:. a,. �.. �;". r .i ..j� Si.}:... L. 5� .. .i 7; L'i:tct: (r.`-37),• 51 ii Y Li 3,L3t 7.1 33 �-o, cs "'ti y thew GE r'iirie'.at iia:t3s an the ownership 11s t ro,: }3RO \DAOOR (2-- 37 , ' lots 4-7 ac'z. • , i�o6 .3-.�. ,�s�.t s« C.:.:i onmil::. attached itt,LCi3,• Itob4.'t A. Davio, t)iiiectoz