Loading...
Res No 187-13-14005RESOLUTION NO. 187 —1 3 -1 4 0 0 5 A Resolution related to a request pursuant to Ordinance 06 -10 -2031 of the City of South Miami to locate a professional office for counseling services within a first floor unit of the Valencia Condominium located at 6001 SW 70 Street Unit 105 in the TODD MU -5 zoning district; provided the use is approved via the Special Use Permit process set forth in Section 20 -5.8 of the City's Land Development Code. WHEREAS, although professional services is a use permitted by right in the TODD MU -5 zoning district, the restrictions adopted in the original development agreement for the Valencia Condominium prohibited this and other non commercial /retail uses on the ground floor, which was to be limited to retail uses set forth in the land development code permitted use schedule; and WHEREAS, over the years since the development was built most of the commercial space on the ground floor has remained vacant. In order to attract tenants and businesses to the building, the City Commission in November 2009 adopted Resolution 196 -09- 13005, directing the Planning Board and the Planning Department to initiate legislation to amend and expand the allowable uses within the building; and WHEREAS, on February 2, 2010 the City Commission adopted Ordinance 06 -10 -2031 amending the allowable uses on the ground floor of the Valencia Condominium to include professional services as set forth in the land development code Permitted Use Schedule for the TODD MU -5, Transit Oriented Development District (Mixed Use 5), provided that each office, business or professional service use is approved by the special use permit process set forth in Section 20 -5.8 of the land development code; and WHEREAS, pursuant to Ordinance 06 -10 -2031, adopted February 2, 2010, the applicant is requesting review and approval under the special use permit process pursuant to Section 20 -5.8 of the City's Land Development Code (LDC), to locate a professional office for counseling services at 6001 SW 70th Street, Unit 105 - Valencia Condominium; and WHEREAS, the special use review process requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at the July 9, 2013 regular meeting, the Planning Board following a public hearing, voted to recommend approval of the request by a vote of 5 ayes, 0 nays; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: Application PB -13 -021 submitted by applicant Larkin Community Hospital for review and approval under the special use review process pursuant to Ordinance 06 -10 -2031, to locate and operate a professional office for counseling services at 6001 SW 70th Street, Unit 105 - Valencia Condominium is hereby approved Res. No. 187 -13 -14005 Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this3rd , day of Sept. , 2013. ATTEST: APPROVED: r� CITY CLERK P044zlej MAYIOR Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea South Miami r C CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICP Planning Director OOV Date: September 3, 2013 ITEM No.___ _ A Resolution related to a request pursuant to Ordinance 06 -10 -2031 of the City of South Miami to locate a professional office for counseling services within a first floor unit of the Valencia Condominium located at 6001 SW 70 Street Unit 105 in the TODD MU -5 zoning district; provided the use is approved via the Special Use Permit process set forth in Section 20 -5.8 of the City's Land Development Code. BACKGROUND Pursuant to Ordinance 06 -10 -2031, adopted February 2, 2010, the applicant is requesting review and approval under the special use permit process pursuant to Section 20 -5.8 of the City's Land Development Code (LDC), to locate a professional office for counseling services at 6001 SW 70th Street, Unit 105 - Valencia Condominium. (Figure 1). Figure 1. A Larkin Hospital special use review - Professional Services(Valencia) Sept. 3, 2013 Page 2gf3 STAFF ANALYSIS The City Commission on October 2, 2001 adopted Ordinance 24 -01 -1755 amending the official zoning map from MO - Medium Intensity Office, to TODD MU -5 - Transit Oriented Development District, for property located at 6001 SW 70th Street to permit the development of a six -story residential building with ground floor commercial uses known as the Valencia Building (Figure 2). In order to implement a policy of encouraging retail establishments, the adopted site plan that was part of the Valencia approval specifically designated that all the commercial space on the first floor of the building facing SW 59th Place was to be limited to retail uses set forth in the land development code permitted use schedule. Over the years since the development was built most of the commercial space on the ground floor has remained vacant. In order to attract tenants and businesses to the building, the City Commission in November 2009 adopted Resolution 196 -09- 13005, directing the Planning Board and the Planning Department to initiate legislation to amend and expand the allowable uses within the building. Although professional services is a use permitted by right in the TODD MU -5 zoning district, the restrictions adopted in the original development agreement prohibited this and other non commercial /retail uses at the Valencia. On February 2, 2010 the City Commission adopted Ordinance 06 -10 -2031 amending the allowable uses on the ground floor as follows: "...is hereby amended to show that in addition to retail uses, office, business and professional services as set forth in the LDC Permitted Use Schedule , for the TODD MU -5, Transit Oriented Development District � w Aed We ✓j snail be per mucl' in the Cuiiimei'ciai 5puce of the pru%eci, provided into each office, business or professional service use is approved by the special use permit process set forth in section 20 -5.8. " The surrounding area is comprised multi- family residential, medical rr..,... +.,..... '+ 1'...1..+ ' ..1...,4....1 ..� mi_ _ ollicc, t ansil, light industrial, inst11uti—onal and commercial office. 111116 proposed us'e is compatible with the surrounding uses. Figure 2. Larkin Hospital Special use review - Professional Services(Valencia) Sept. 3, 2013 Page 3 of 3 Special Use Approvals: In addition, the overall purpose of going through the special use process is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20-5.8(B) in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. Additional Conditions. The city commission may designate such additional conditions in connection with a special use as will, in its opinion, assure that such use will conform to the foregoing requirements, Abandonment of Special Use. Failure to continuously operate a special use for a period of six (6) months shall be considered an abandonment of the use and render the special use status null and void .Pursuant to the requirements of Ordinance 06 -10 -2031, application PB -13- 021 was reviewed by the Planning Board at their July 9, 2013 regular meeting. Following a public hearing and public comments, the Board voted to recommend approval of the request by a vote of 5 ayes, 0 nays The proposed use meets the requirements of the special use conditions review and the provisions; of Ordinance 06- 10- 2013.' Parking, for this use shall be accommodated within the on -site parking structure of the Valencia. Attachments: Application /Payment Letter of Intent Property Owner Authorization Affidavit of Public Notice 2001 site Plan ` City of Son't [ ' RECEIVED Sri -,I � el ")qtr tr�ent ®�# { ryrye} r}� ar��ri utrs, City1jally 6:130 aj €1 ott�dvt� ,cSoutl N- liarni Florida 7�i "lt [�!'''� � 1 L��J tri phcre;( 3 { 5) 663-63'116; I t,3t1�)tfi= 73.:; Zoning. 1 ictrtio t fi r f'tIl?lic 11c, car rt ; 7 1 l'Ic�rzr�ilr, Ls'oard & C`i1y (:.A.)rrwakV10 ftt —s of ' it -,,Ptoperty 74) .��c � ��� ��(�� ., �!�c� �uhcilVisiG�n . �_ 3f �`1 ttrbt �r _ tvl"A% & Bounds, Y Ap p,ant, R ro ntativo, 10- r9 f` iz atl e_ cirir ss / Phone: 'rotrt. O'vnrvrc d `'� . %ttie 9 °' j Text Amendment to LDG _ \18rience l eit r" i lnt n ; _ Zoning Map Arnendment Spaclia! Use t tt ti sr for challoo, '. _ PUD Approval —.Special Exception � Statement of hardship PUD lrtajor c;honge Other (Waiver of Plat) Prnof of otivlaetship or letter from owner Power er of vuornoy 860fly explain application and ,cite speci-fic Cads scctlans, — Conlrelct to purchase ' dts air U S rdz rtuas �f t.c "To is uS t3 z. lfiusi t71t Ccc Aisc[tN; Current survey (1 original sealed and ,'�-St D e W c�}'�`'. iWIA ( �r j�C? ,c 0 ) U,• E s c 7 1 M X 7/tAfl signed1i reduced copy 11 "' x 17 ") rAf -MOt- /4AY eccuty 1r ,cL og g VAU -,vr. fA GtP4G 171 4, AA/ Of )%,e — 15 copies of Site Plan �nci Floor Puns S "fit tdstKNir t C 3r��dJ r re w _: 24 x 36 1 reduced copy @ l ' x 17" v 7i Sarta t r_�_� . � f, d r r � �. �t � a 1 , A«-t" f�r�s F� €7i�at rt€celpts attesting to mail. noices sent r c tirafi Saat�se;c c ri ....._.._ Pzigea Atnond Kl Date: ZMsOing k-jb€ lIs (3 Sias) anti mall a Required Iee(s) M t;t•i 'r trl r i tas tit ta;asi tis con1PIC10 applicstidadf <rad rep- rcscnts that t1he information 'mld all tn<antrials are woo ,atacl f T to the } cA of f -ie ,a ,p icalit's katowk , t,4 and bcl f. A i�l.at1 'a"111 *s gd;, +Otakt9d[` tttrld 0 itt - Print f`tikfne ,.�.• Du)te l.ljzat _ rcc tz ipt, al :lake;. taut... and :ill subtoilk -d m wri'01 ., will bo rcvie;wdd I'm complianco. -,vith the l..aod Coclo and tallier tataia ivilblo rq, ltaltraw, Applicalicitas t lurid not in cel'alplianc:a will ho ic;jua t r! f "dt NO tfae A?,)) =lzd ,1tti, i3 i �l C tl 101 A Y: � a Date Ffl :e;t c",)f 11E:3 of i,t,i..iiEa �n pefition Petition Accepted Method c,! f'alfj4tit �}t Q L_ARKIN' H'OSPIT'AL April 14, 2013. City of South Miami planning Department City Hall 6130 Sunset Drive South Miami, FL 33143' RE: Justification Letter Special Use Permit Larkin Community Hospital, Inc Folio: Addresses: 09- 4025- 079 -2990 6001 SW 70 Street CU -105 As member of the South Miami community, Larkin Community Hospital, Inc. has been serving the medical needs of its neighbors for over 35 years. Commercial unit 105 within the Valencia mixed use building was purchased by the hospital with the intention of using the space for its needs without the knowledge that an ordinance had been passed restricting the use of the space to retail. Through the special' use permit process, we would like you to allow the space be used as a counseling office for the hospital. The limitations of the Hospital campus have driven the need for additional space to accommodate the hospitals ancillary needs. The limited space within the hospital's existing campus must be reserved for the clinical needs of its patients. This space will not be used for clinical treatment of patients. Considering the difficulty experienced by Valencia property management in filling most of the vacant commercial spaces on the ground floor of the building, we believe the office use proposed for the space fulfills the intent of the original ordinance, not only by inhabiting an otherwise unused space, but by generating the desired pedestrian traffic in the transit oriented mixed use neighborhood. Sincerely, ':Jack J. Michel, M.D. President 1 Larkin Hospital Justification Letter I L A R K I N N ........... H O S P I T A L April 14, 2013 City of South Miami Planning Department City Hall 6130 Sunset Drive South Miami, FL 33143 RE: Letter of Intent Special Use Permit Larkin Community Hospital, Inc. properties Folio: Addresses: 09-4025-079-2990 6001 SW 70 Street CU -105 .Larkin Community Hospital, Inc., as owner of the property listed above, is requesting approval via a Special Use permit process to allow the space located. at 6001 SW 70 Street, commercial unit 105, South Miami, F1 33143 (folio 09- 4025 -079 -2990) to be used as a counseling office for the Hospital. Sincerely, Ick"J. Michel, M.D, President CARLOS J. IVIARADIAGA i EORGIN,a, CABRE(RA Property Owners Data Research Services 3802 SW 79th Avenue, #117 Miami, Florida 33155 PHONE. (305) 262 - 8965! (305)207 -1412 • FAX: (305), 269 -3801 E -MAIL: DataResearchAssociates @gmaii.com Date: February 19, °201,3 Number of Owners: 378 (including Subject) migall To: CITY OF SOUTH MIAMI Planning & Zoning Department 61 *rl RI Incrzt r)rivP South Miami, FL 33143 RI-: Property Owners within a 500' Foot Radius of 6100 f SW 170"' STREET / SOUTH MIAMI, FL 33143 VRLCNLIH UUNUU UNIT 1. U -'I U3 UNUIV 0.416428% INT IN COMMON ELEMENTS OFF REr 23468_0001 COC 24864 -1195 08 2006 1 I hereby certify that I have prepared the attached ownership list, map, and mailing labels which are a ,complete and accurate representation of all real estate property and property owners who live (or own) real estate property within a 500' foot radius of the external boundaries of the subject property listed above. All of which reflects the latest ad- valorem tax records on file in the Miami -Dade County Tax Assessor's Office. NOTE: Unless otherwise specified, all property owners are listed in numerical order by folio number, Sincerely, Goo rgina C; Iera, Data Rescar"��le w, I. Call to Order and the Pledge of Allegiance to the Flag Action.: The meeting was called to order at 7:3 1 PM Pledge of Allegiance was recited in unison II. Roll Call Action: Mr. Brimo requested a roll call. Board Members present constituting a quorum:, Mr. Greiner (Chairman), Ms. Fischer, Mr. Carrieras, Dr. Philips, and Mrs. Beckman, Board Member absent: Mr. Furhman. City staff present: Mr. Christopher Brimo.(Planning Director) and Ms. Tiffany Hood (Board Secretary). City staff absent: Mr. Marcus Lightfoot (Permit 'Facilitator) City Attorney-, Mr. Thomas Pepe. Ill. Administrative Matters There was the election of the Chair and the Vice-Chair. Motion: Dr. Philips motioned for the nomination of TvIr, Greiner as the Chair ror the Board, Mrs. Beckman seconded the motion. Vote: Yes 5, No 0 .Mr. Greiner: Yes Mr. Carreras: Yes Mrs. Beckman: Yes Dr. Philips: Yes Ms. Fischer: Yes Motion: Mrs. Beckman motioned for the nomination of Dr. Philips as the Vice-Chair for the Board. Mr. Greiner seconded this motion, Mr. Carreras: Yes Mrs. Beckman; Yes Dr. Philips: Yes Ms. Fischer: Yes 2. PB-13-021 Applicant. Larkin Community Hospital A Resolution related to a request pursuant to Ordinance 06-110-2031 of the City of South. Miami to locate a professional office for counseling services within a first floor unit of the Valencia Condominium located at 6001 SW 70 Street Unit 105 in the TODD MU-5 zoning district; provided the use is approved via the Special Use Permit process set forth in Spctinn 20-5.8 of the Citv's Lanni Dpvelanment Code, Applicant: Simon Ferro/ Natasha Anderson/ Sandy Sousa (CEO of Larkin Hospital) Mr. Greiner read, the item into the record, Mr. Brimo presented the item to the Board. Dr. Philips asked the applicant if this request is an extension of the counseling services across the street from where this item is located. The applicant responded no, the location across the street serve a more acute population with a dual diagnosis of mental and substance abuse issues. He also stated that this request would serve a higher functioning population of geriatric care. Mrs. Beckman stated that she understands that the patients will be seen by doctors from Larkin Hospital at this site. Ms. Anderson stated, that the referrals will come from the community, providers, and different hospitals for patients that need the service. Mrs. Beckman stated her concern of the hospital becoming a non-profit organization. Ms. Sandy Sousa the CEO of Larkin Hospital stated that they do own this building and that this is a for profit hospital with no plans of changing that in the future. The Chairman opened the public hearing. Name Lourdes Alvarez-Acosta (Unit owner) Address 6001 SW 70 Street Support/Opposed Opposed She stated her concern of the patients that will utilize this facility and if,' it will impact the Valencia Condos negatively. She stated that she rents her unit to University of Miami students who feel that the area is safe. Ms. Anderson responded to her concern and stated that the patients would be geriatrics who suffer from depression, anxiety, who are having difficulty accepting where they are in life, their age, loneliness and ending life. Ms. Sousa addressed the concerns of Ms. Alvarez - Acosta as well in stating that Larkin Hospital awns units within the Valencia Condos that are used for the residency program that they have. She also stated that the medical students and residents use the units to rest /sleep after a long shift at the hospital before driving hone; so safety is a concern for us as well. She then stated that the patients would be elderly people with Alzheimer's. Mr. Ferro stated that these people are not any danger to anyone arid, related that his mother has Alzheimer's and does not pose a threat to the building or anyone. The Chairman closed the public hearing. Mr. Greiner stated that this is a low intensity population and feels that there is not presently a. concern. He then stated now should the population shift some time later there maybe need for concern. Mr. Ferro stated that this use is permitted within the TODD and brought forth to Board because the owners of the Valencia Condo only wanted retail on the first floor. Motion: Ms. Fischer motioned for approval of the item as presented. Mrs. Beckman seconded. the motion. Vote: Yes 5, No 0 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal l' loridays' Miami, Miarni -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADEt Before the.undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /kla Miami Review, a daily (except Saturday; Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - SEPT. 3, 2013' in the XXXX Court, was published in said newspaper in the issues of 08123/2013' Affiant further says that the said Miami Daily business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday; Sunday and Legal Holidays). and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, c s missfo r refund for the purpose of securing this a rtfsement for p blication in the said ttev,sc W Sworn to ,and subscribed before me this 23 "O�AU T A.D. 2013 (SEAL) MARIA MESA personally known to me rill B. THOMAS ,z Commission f# DD 937532 • . _ Expires November 2, 2013 M40 (Tmw I 'l-T I vaa 90 69 I�0 OF SwEfTS SITE PLAN NTS E. o 1'r? o C 2�a n .d �'=� • �'2 � C�,S.Cf fad '� °�,a, �` t t n _.a r.: « e Ilk i .a >, "Y,k1 s„33 ri q � c dT In LOCATION MAP` xrs CU 1 1'r? o C