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5THE CITY OF PLEASANT LIVI NG CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane Tompkins, Planning and Zoning Director Date: October 18, 2016 SUBJECT: 5 A Resolution approving a Special Use application to permit an Office: Business/Professional use at 6001 SW 70 Street, Unit CU-102. BACKGROUND: On October 2, 2001, the City Commission adopted Ordinance #24 -01 -1755 which changed the offi cial zoning map for the property located at 6001 SW 70 Street, identified as the Valencia Condom i nium Building, from "MO" Medium Intensity Office to "TODD MU -5" Transit Oriented Development District Mixed Use -5. As part of the approval , it was specifically designated that all commercial space on the first floor of the building facing SW 59 th Place was limited to retail uses as set forth in the city's Permitted Use Schedule. Due to constant vacancies in th e commercial space, the City adopted Ordinance #06 -10-2031 on February 2, 2010 . Ordinance #06 -10 -2031 amended the site plan for the Valencia Condominium building and allowed retail uses , office , business and personal service s as set forth in the Permitted Use Schedule to occupy the commercial space, provided that each office, business and personal services use is approved via the Special Use Permit process as set forth in Section 20 -5.8 of the Land Development Code (LDC). Because the applicant, Larkin Community Hospital, is proposing to open an "Office : Business/Professional " use at the Valencia Condominium building, it is required that the item be reviewed under the Special Use Permit process . lEWiD o INIOCQIWOoaDOl'I _ "'I.'¥1tc:u11«f lll( VALBNCLA , A CONDOlllN lUli FIRST fLOOR ~"""'BIlQI~qJI"","""gIC J. 10I<fU l l SSOClATt:S. IHt. 1t:::1llr""""-"'l.....E.:JELJ _ ........ .- ,*1" n-ISIllr.."-~ '" (.):0) ~ IN, t»Q *o(W 0l.'It~1 .. '" Sub 'ect location PB-16-026 -Special Use -Office: Business/Professional October 18, 2016 Page 2 0/4 ANALYSIS: Pursuant to the Special Use Conditions, Section 20-3.4 of the LDC, a special use may be approved and permitted by the City Commission at a public hearing, after a recommendation by the Planning Board and that such use complies with the general requirements, special requirements, and any other conditions that the City Commission may consider appropriate and necessary. When reviewing the project, the following items are noted: • Tenant Space #CU-102 is currently vacant and owned by Larkin Community Hospital. • The attached Floor Plan shows that the tenant space is approximately 784 square feet. • The applicant is proposing to use the space as an "Office: Business/Professional" use. • Pursuant to the attached Designation of Right to Use Parking Space, a total of three (3) parking spaces have been designated to Tenant Space #CU-102. As shown on the attached Floor Plan, the applicant is proposing to renovate the tenant space in order to accommodate the use of an administrative office that will be used for staff training, meetings and new employee orientations. Typically the "Office: Business/Professional" use is a use that is permitted by right on properties that are zoned TODD MU-S. However, pursuant to Ordinance #06-10-2031, all office and personal service type uses that wish to operate in the Valencia Condominium building are required to obtain a Special Use Permit from the City Commission prior to commencement, for which the "Office: Business/Professional" use is categorized. PARKING SPACE ANAL YSIS Pursuant to the information provided, the minimum number of parking spaces required for the proposed "Office: Business/Professional" is as follows: Office: Business/Professional Parking Space Requirement 784 ~ 1 Parking Space ---x ~ 4 Parking Spaces 1 2S0~ Based on the calculations listed above, the proposed "Office: Business/Professional" will be required to provide a minimum of four (4) parking spaces. At this time, the applicant has only provided documentation that three (3) of the four (4) parking spaces will be provided. If the owner is unable to provide the fourth parking space on site, the owner may comply with Section 20-4.4(A)(1) and Section 20-4.4(A)(3) of the LDC which respectively state: "On-street parking spaces not currently assigned or credited to other properties adjacent to a lot may count toward the parking requirements for a building set forth below in subsection (B) for that lot, provided that the property owner complies with subsection 20-4.4 (A)(3); a partial space longer than eleven (11) feet shall count as a full space." "An annual fee of one thousand dollars ($1,000.00), per space, which shall increase five (5) percent annually, shall be paid into the Parking Fund for all on-street parking spaces which are credited or counted toward required parking for new structures, or a change PB-16-026 -Special Use -Office: Business/Professional October 18,2016 Page 3 of4 in use that increases the minimum number of off-street spaces required after the date of January 2, 2008. n The owner may also request a variance of off-street parking spaces from the City Commission. SPECIAL USE ApPROVAL After review of the project, the proposed office use complies with the general requirements listed in Section 20-3.4(A) of the LDC in that the proposed use: • Complies with all requirements established in the TODD MU-S zoning district; • Is compatible and complementary to the existing uses within the surrounding areas; Furthermore, the requested special use does not conflict with the Comprehensive Plan and complies with the LDC requirements set forth in Section 20-S.8(B) of the LDC 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. Last, if the special use is, in the future, determined by the Director of Planning and Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. PLANNING BOARD RECOMMENDATION: The Planning Board reviewed the application at a Public Hearing on September 13, 2016 and unanimously recommended approval. RECOMMENDATION: It is recommended that the City Commission approve the Special Use Permit application with the following conditions: 1. The parking space shortage must be resolved prior to occupancy. AnAcHMENTS: • Application, dated August 10, 2016 • Ordinance #06-10-2031 • Ordinance #24-01-1755 • Letter of Intent, dated August 11, 2016 • Warranty Deed • Designation of Right to Use Parking Space • Exhibit "B" -Mailing Label Certification w/Location Map • Affidavit of Mailing Notices, dated August 30, 2016 w/Mailout Letter • Valencia Condominium First Floor Survey PB-16-026 -Special Use -Office: Business/Professional October 18, 2016 Page 40/4 • Building Plan, Sheet A-O • Floor Plan • Draft Resolution • Draft Excerpt of Planning Board Meeting Minutes 1 2 RESOLUTION NO. ------- 3 A Resolution approving a Special Use application to permit an Office: 4 BusinesslProfessional use at 6001 SW 70 Street, Unit CU-I02. 5 6 WHEREAS, even though an office for a business or professional use is permitted by 7 right in the Transit Oriented Development District Mixed Use-5 "TODD MU-5" zoning district, 8 the zoning for the property located at 6001 SW 70 Street was changed from "MO" Medium- 9 Intensity Office Use District to TODD MU-5 by Ordinance #24-01-1755 with the condition that 10 the development of the property be as shown on the approved Site Plan. The Site Plan for 6001 11 SW 70 Street did not provide for any office or personal services type uses on the ground floor or 12 anywhere in the Valencia Condominium building; and 13 14 WHEREAS, due to vacancies on the ground floor commercial area, the City 15 Commission adopted Ordinance #06-10-2031 on February 2, 2010, amending the Site Plan 16 (Section 1, Condition 1) for the Valencia Building (aka Shoal Creek Properties), as submitted to 1 7 the City on September 28, 2001, in order to allow office, business and personal services as set 18 forth in the Land Development Code (LDC) Permitted Use Schedule for the TODD MU-5 19 zoning district in the commercial space of the project; however, due to the concern of several 20 members of the Commission that certain permitted uses in the office, business and personal 21 services category on the Permitted Use Schedule may not be appropriate for this location due to 22 limited parking spaces or incompatibility with the neighborhood, Ordinance #06-10-2031 23 provided that each office, business and personal services use must be approved by the Special 24 Use permit process as set forth in Section 20-5.8; and 25 26 WHEREAS, Larkin Community Hospital, the applicant, is requesting review and 27 approval under the Special Use permit conditions and process set forth in Section 20-5.8 of the 28 LDC to operate an office for business and/or professional use in Unit CU-l 02; 29 30 WHEREAS, the approval of a special use requires a review by the Planning Board, and a 31 recommendation to approve, deny or approve with conditions; as well as the approval of the City 32 Commission after a public hearing; and 33 34 WHEREAS, at the September 13,2016 Planning Board meeting, and following a public 35 hearing, the Board reviewed application PB-16-026 and voted 6 ayes, 0 nays to recommend 36 approval of the request for a special use to operate an office for business and/or professional use; 37 and 38 WHEREAS, the Planning Board also expressed concern about a use that is normally 39 permitted by right in the TODD MU-5 district requiring a special use approval and 40 recommended unanimously that Ordinance No. 06-10-2031 be amended to remove that 41 requirement; and 42 43 44 45 WHEREAS, the City Commission desires to approve the Special Use application. 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 Section 1: Special Use Application (PB-16-026) submitted by applicant Larkin 5 Community Hospital, to operate an office: business/professional use at 6001 SW 70 Street, Unit 6 CU-102, within the Transit Oriented Development District Mixed Use-5 "TODD MU-5" zoning 7 district is hereby approved subject to the following terms and conditions as well as all applicable 8 City ordinances, codes, rules and regulations: 9 loa. That the parking shortage of one (1) space must be resolved, as provided for in the 11 LDC, prior to occupancy. 12 13 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 14 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 15 not affect the validity of the remaining portions of this resolution. 16 1 7 Section 3. Effective Date. This resolution shall become effective immediately upon 18 adoption by the City Commission. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 PASSED AND ADOPTED this ___ day of, _______ , 2016. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: CITY ATTORNEY Commissioner Liebman: CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, September 13, 2016 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most coses pay an annual fee oj $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members oj any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www,southmiamifl.gov). I. Call to Order Action: Mr. Greiner tailed the meeting to order at 7:07 P.M. II. Roll Call Board Members Present Constituting a Quorum: Mr. Greiner (Chairman), Ms. Fischer (Vice- Chairwoman), Ms. Glavey, Ms. Kahn, and Mr. MeJow. Board M~mbers Absent: Dr. Philips City Staff Present: Mrs. Jane Tompkins (Planning DirectorL Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator), Gary Held (Land Use Attorney). City Staff Absent: None City Attorney: Mr. Thomas Pepe III. Administrative Matters Mrs. Tompkins asked the Board if they would like to reschedule the October 11, 2016 Planning Board meeting since it fell on a Jewish holiday. After a discussion, the Board decided to not reschedule the meeting. It will be held on the regular scheduled date of October 11,2016. 1 Mrs. Tompkins informed the Board that an introductory workshop has been scheduled for the LDC/Comp Plan project that the City has initiated. She also informed the Board that it is scheduled for Thursday, October 6,2016 at 7pm. Mr. Greiner informed the Board that on Saturday, October 1, 2016, the Sea Level Solutions Center at FlU along with the City of South Miami will be hosting a community conversation on climate change and sea level rise. Ms. Fischer informed the Board that the University of Miami will be hosting a webinar on sea level rise. IV. Public Hearings 1. PB-16-026 Applicant: Larkin Community Hospital A Resolution approving a Special Use application to permit an Office: Business/Professional use at 6001 SW 70 Street, Unit CU-102. Applicant: Simon Ferro & Aracel Armas (Representative) Ms. Glavey read the item into the record. Mr. Lightfoot presented the PB-16-026 to the Board. Mr. Ferro presented the project to the Board. Ms. Fischer asked about the amount of staff that will occupy the unit. Mrs. Armas informed the Board that the unit will normally be occupied by one to two people only as scheduled. Ms. Fischer then stated that she was considered with where the staff will park. Mrs. Armas informed her that staff will walk over from the main hospital building. The Chairperson opened the floor to public comments on PB-16-026 . • None at this time The Chairperson closed the floor to public comments on PB-16-026 Mr. Basu as.ked about the parking calculations that were done for the building when it was built. He stated that office uses shouldn't be as restrictive as retail uses. Staff responded that based on the parking conditions listed in the LDC; office type uses are more restrictive than retail uses. He then asked if the Metrorail parking was ever counted in the parking calculations for the Valencia Building. Mr. Lightfoot responded that he would have to check to see. Mr. Greiner expressed his concern over the fact that a use that is normally permitted by right in the TODD MU-S zoning district requires a special use approval. Mr. Held responded that this ordinance is not codified, but is tied to the development agreement for the Valencia building. Mr. Held then stated that there should be some discussion on amending this ordinance in order to permit the office uses by right. He then recommended that there be a motion urging the Commission to address this situation. 2 Motion: Mr. Greiner moved to approve PB-16-026 as presented. The motion was seconded by Mr. Basu. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes· Ms. Kahn: Yes Mr. Melow: Yes Motion: Mr. Greiner moved to amend Ordinance #06-10-2031 in order to remove the special use permit requirement. The motion was seconded by Mr. Basu. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Mr. Melow: Yes V. Public Comments/New Business The Chairperson opened the floor to public comments and any new business. Public Comments Section No comments from the public. New Business Section No New Business from the Board The Chairperson closed the floor to public comments and any new business. VI. Approval of the Minutes 1. Planning Board Minutes of August 9, 2016: Motion: Mr. Basu moved to approve the meeting minutes with changes. Ms. Glavey seconded the motion. 3 Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Mr. Melow: Yes VII. Future Meeting Date: A) October 11,2016 at 7:00 P.M. VIII. Adjournment Mr. Greiner adjourned the meeting at 8:55 P.M. 4 City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Applicationfor Public Hearing before Planning Board & City Commission Address of Subject Property: 6001 SW 70 Street, Unit C-102 Lot(s) __ Block --Subdivision South Miami, Florida 33143 PB --- Meets & Bounds: Applicant: Larkin Community Hospital, Inc. Phone: Representative: Simon Ferro, Esq. Organization: Gunster Yoakley & Stewart, P.A. Address: 000 Brickell Avenue, Suite 3500, Miami, Florida 33131 Phone: 3053~ ----.;7 Property Owner: Larkin Community Hospital, Inc. Signa:~ Mailing Address: 7031 SW 62nd Avenue, Miami, Florida 33143 Phone. 305284-7700 ArchitectJEngineer: J . N Phone: 305 298-8720 _.llIS aya AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: ~Owner _Owner's Representative ~Contract to purchase _Option to purchase _TenantJLessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: -Text Amendment to LDC _Variance X Letter of intent _ Zoning Map Amendment .xSpecial Use X Justifications for change _ PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Other (Waiver of Plat) ~ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase Special use to allow an ,office use pursuant to Ordinance 06-10-2031 _ Current survey (1 original sealed and signed/1 reduced copy @ 11" x 17") _ 15 copies of Site Plan and Floor Plans within the Valencia Condominium Building. 24 x 36', 1 reduced copy @ 11" x 17" _ Affidavit-Receipts attesting to mail notices sent Section: --Subsection: __ Page #: __ Amended Date: X Mailing labels (3 sets) and map .x. Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to th I t's knowledge and belief. -~~ "'"'5. M;ch~ osl \0\ ~d'o , Ignature and title Print Name Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE °aL 1: Date Filed ~ ) "5 \ \, Petition Requirec __ _ Date of PB Hearing. _____ Date of Commission ____ _ Petition Accepted, _____ _ Method of Pa ment Z:\Forms\Current Planning Department Forms\Planning Department Forms\Planning Board\PB -Text Amend Application -Revised 4- 30-2013.doc ORDINANCE NO. 06-10-2031 AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70 th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission on October 2, 2001 adopted Ordinance 24-01- 1755 which changed the official zoning map of the City on property at 6001 SW 70 th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MUS), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of the Valencia Building (aka Shoal Creek Properties) a six story residential building with ground floor commercial uses; and WHEREAS, in order to implement a policy of encouraging retail establishments the adopted Site Plan specifically designated that all of the commercial space on the first floor of the building facing SW 59 th Place was to be limited to "Retail" uses as set forth in the Land Development Code Permitted Use schedule; and WHEREAS, over the past eight years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments; and WHEREAS, in order to expand the opportunities for local residents to establish businesses in the building and the community, the City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the adopted site plan to allow other uses (office, business and personal services as set forth in LDC Permitted Use Schedule); and WHEREAS, The Planning Board at its December 22, 2009 meeting, after public hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the proposed amendment as shoWn in the attached draft ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Site Plan (Section 1, Condition 1) for the Valencia Building (aka Shoal Creek Properties), as submitted to the City on September 28, 2001 and adopted by Ordinance No. 24-01-1755 is hereby amended to show that in addition to all YS@S iE:@ly€iillg retail uses, office, business and personal services as set forth in LDC Permitted Use Schedule for the TODD (MU5), Transit Oriented Development District (Mixed Use 5) shall be permitted in the commercial space of the project, provided that each office, business and personal services use is approved by the Special Use permit process set forth in Section 20-5.8." Ord. No. 06-10-2031 2 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordina11ce shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 2 nd , day of February, 2010 ATTEST: APPROVED: r{1A YOR '''''':::;; 1 st Reading -1/26/10 2nd Reading -2/2/10 READ AND APPROVED AS TO FORM AND SUFFICIENCY ) ~ CITY ATTO~NEY X:\Comm Items\20J0\2-2-10ILDC Amend Valencia Site Plan Revised Ord.doc COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Nev,man: Commissioner Sellars: 5-0 Yea Yea Yea Yea Yea ORDINANCE NO. 24-01-1755 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE HMO", MEDIUM-INTENSITY OFFICE DISTRICT TO "TODD(MU-5)", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALL Y DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TII STREET, ON THE EAST BY SW 59 TII PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61 ST A VENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB-OI-015 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.c., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district for property legally described as Lots 1 through 25, Block 15, Larkins Tov.'Osite Subdivision, said site being bounded on the south by S.W .. 70 ili Street, on the east by S.W. 59th Place, on the north by S.W. 69 th Street, and on the west by S.W. 61" Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District.; and WHEREAS, the purpose of the change of zoning is to pennit the construction of a six story residential apartment building with 294 dwelling units and 6,812 square feet of commercial space; and WHEREAS, the proposed rezoning is consistent with the Amended Future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application v.~th conditions; and WHEREAS, on August 28, 200 l, after Public Hearing regarding the proposed rezomng application, the Planning Board recommended approval with conditions by a vote of (5-0); and WHEREAS, the City Conurussion desires to accept the recommendation of the Planning Board and enact the aforesaid amendment NOW, TIIEREFORE, BE IT ORDAINED BY TIlE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 .That the City's Official Zoning Map shall be amended by changing the zoning on properties for property legally described as Lots I through 25, Block 15, Larkins TOv.'llsite Subdivision, said site being bounded on the south by S.W .. 70 th Street, on the east by S.W. 59 th Place, on the north by SW. 69 ili Street, and on the west by S.W. 61'1 Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District, said rezoning to be subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions: Scriber's error corrected 10122/01 (1) The proposed development shall be as ShOV.11 on the Site Plan submitted to the City on September 28, 2001, as may be modified by revisions required by conditions set forth in this section; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement as set forth in the Land Development Code; (3) Applicant to submit a Unity of Title document as required by LDC Section 20-8.16; (4) Applicant shall provide a minimum three-foot buffer between the garage (north side) and the sidewalk; (5) The entrance to the parking garage to be relocated to a position approximately midway between SW 59th Place and the driveway entrance to the Lee Park condominiums, in order to insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on the revised Site Plan as submitted to the City on September 28, 2001; (6) Storefront delivery / service, to comply with City ordinances. (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape elements in order to conform to the City's street tree requirements and the Community Redevelopment Area Streetscape Plans for the area, as follows: 2 • Along SW 59th Place, SW 69 th Street, and SW 61 'l Avenue, the triangular "bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by the property ov.ner to maintain in perpetuity the gutter area between the existing curbing and the self-contained landscape islands. • For the portion of 70th Street between SW 61't Avenue and the building entrance, the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on-street parking and the required street trees. • For the portion of 70111 Street between the building entrance and SW 59111 Place, the sidewalk shall be widened to provide eight (8) feet of sidewalk, said sidewalk to incorporate street trees in tree grates, thereby providing the street trees required by the Land Development Code while allowing a minimum five (5) foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act (ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphlc illustrations contained in Section 20-8.17 of the Land Development Code. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 3 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6 This ordinance shall be effective on the date when the Comprehensive Plan Future Land Use Map amendment application for the same property is effective. PASSED AND ADOPTED this 2nd day of October, 2001 ATTEST: ktl;;;J+ CITY CLERK 1 st Reading -September 18, 2001 2nd Reading -October 2, 2001 (As amended) READ AND APPROVED AS TO FORM: ---£:/ cG. ~//~ CITY ATTORNEY APPROVED: ~ AYOR COMMISSION VOTE: 5-0 Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Yea Yea Yea Yea Yea GUNSTER FLORIDA'S LAW FiRM FOR BUSINESS Jane Tompkins Plmming Director City of South Miami Sylva Martin Building 6130 Sunset Drive South Miami, FL 33143 August 11,20] 6 Letter of Intent Wnter's Direct Dial Number 305-376-6016 \Vriter's E-Mail Addresssferro@gullster.com Re: Special Use Application by Larkin Community Hospital, Inc. to allow an Office use on Unit C-102 (aka CU-102) of Valencia Condominium, located at 6001 S.W. 70 th Street, South Miami, Florida Dear Director Tompkins: Our office represents Larkin Community Hospital, Inc" the applicant ("Applicant") in that certain application for a Special Use to allow an Office use ("Application") on Unit C-I02 (aka CU-I02) of Valencia Condominium ("Property"), located at 6001 S,W, 70th Street, South Miami, Florida, The Propeliy is located on the southeast corner of Valencia Condominium ("Valencia") and fronts on S,W, 59 th Place. Applicant owns and operates a private, for-profit hospital located at 7031 S.W, 62 A venue, South Miami ("Hospital"), which is located approximately two blocks, and within easy walking distance, from the Property. Applicant also owns and operates an imaging center with extensive surface parking at 6129 S.W. 70 Street and an administrative office building at 5996 S.W. 70 Street, both in South Miami and within walking distance from the Property. Applicant purchased the Property, which contains approximately 703.85 SQ. FT., on February 24, 2015, with the intent of using it for certain administrative office uses such as staff training, meetings and orientation for new employee hires. The Property has 3 assigned parking spaces within Valencia (see attached Designation of Right to Use Parking Space). On October 2, 2001 the City of South Miami City Commission ("City Commission") adopted Ordinance No. 24-01-1755, which amended the zoning designation for Valencia to TODD MU-5 in the City's official zoning map. The Property is therefore zoned TODD MU-5. The TODD MU-5 zoning designation permits, as of right, a wide variety of retail, office, business and personal service uses. Specifically, City of South Miami Land Development Code Brickell World Plaza 600 Brickell Avenue. Suite 3500 Hiami. FL 33131 p 305-376-6000 f 305-376-6010 GUNSTER.COH Fort Lauderdaie I Jacksonville I l'-'1iam! I Orlando I Palm Beach I Stuart I Tallahassee I Tampa I The Florida Keys I Vero Beach I West Palm Beach ~tBir!iNiijiT E R Plmmih'g''1YirecmreUSINESS City of South Miami Page 12 ("LDC") Section 20-3.3(D) permits Office, Business and Professional uses by right under the TODD MU-5 zoning designation. However, on February 2,2010 the City Commission adopted Ordinance No. 06-10-2031, which amended the Valencia site plan and required most non-retail uses for the Property, including Office, Business and Professional uses, to be approved only by Special Use, after public hearing. As previously stated, if the Application is approved, Applicant intends to use the Property for administrative office uses such as staff training, meetings and orientation for new employee hires. The requested Office use allows the intended uses. No medical services will be provided from the Property. As previously stated, the Property has 3 assigned parking spaces within Valencia. Section 20-7.12(B) of the LDC requires 1 parking space per 250 sq. ft. for Office, Business or Professional uses. As the Propeliy contains 703.85 sq. f1. the 3 assigned parking spaces comply with the LDC parking requirement. Additionally, the vast majority of people using the Property will walk to it from the nearby Hospital and other administrative offices owned by Applicant. The Application request complies with the Special Use Conditions of Section 20-3.4 of the LDC. The requested use further complies with all requirements established in the TODD MU-5 zoning designation and is compatible and complementary to existing uses within the surrounding areas. The Application also complies with the requirements of Section 20-5.8(B) of the LDC. The requested use will not adversely affect the health or safety of persons residing or working in the vicinity of the Property; will not be detrimental to the public welfare or property or improvements in the neighborhood, and; otherwise complies with all other applicable LDC provlslOns. The requested use will not increase traffic or parking use within the Valencia or the adjoining streets as most, if not all, people using the Property will walk from the Hospital or other administrative offices owned by Applicant. Based on the above justifications Applicant respectfully requests approval of the Application. Since' lY'~" 'J~~~) imon Ferro Enclosure MIA ACTIVE 4500941.2 BI'ickeli World Plaza 600 Brickell Avenue. Suite 3500 Miami. FL 33131 P 305-376-6000 f 305-376-6010 GUNSTERCOM Fort Lauderdale I Jacksonville I Miami I Orlando I Palm Beach I Stuart I Tallahassee I Tampa I The Florida Keys I Vero Beach I West Palm Beach Miami-Dade Official Records -Print Document PREPARED BY AND RETURN TO: Le3Ue Robert Evans; Esq. Leslie Robert Evans & Associates, P.A. 214 Brazilian Avenue, Suite 200 Palm Beach, Florida 33480 Our File No.: 3349-105 Property Appralsers Parcel Identification (Folio) Nwnber: 09~4025-079-2960 Page 1 of2 111111111111111111111111111 1111111111111111 CFN :2015R0185489 OR Bk 295~7 P9S 088~ -885; (2P9 RECORDED 03/23/2015 08:27:34 DEED DOC TAX 1.~~0.00 SURTAX 100BO.00 HARVEY RUVIN. CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA _____________ SPACE ABOVE THIS LINE FOR RECORDINO DATA~ ___________ _ WARRANTY DEED THIS WARRANTY DEED, made the.a1.. day of February, 2015, by GENARSHIP CORP, A FLORIDA CORPORATION, whose post office address Is 9100 S. DADELAND BLVD., SUITE 1500, MIAMI, FL, 33156, herein called the Grantor, to LARKIN COMMUNITY HOSPITAL, INC., A FLORIDA CORPORATION,whose post office address Is 7031 S.W. 62ND A VENUE, SOUTH MIAMI, FL, 33143, hereinafter called the Grantee: (Wherever used herein the 'firms nGrontor" and "Grantee" Include all the parties 10 Ihl3 fnstrumfml tvUI the hBlrs, legal repre.Jentalives atuJ ass;gm aflndividuals. and the successor" and IUs/gns qf corporallons) W· I T N E SSE T H: That the Grantor, for and in consideration of the sum of TEN AND OOIIOO'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, a1iens, remises, releases, conveys and cohfinns unto the Grantee an that certain land situate in MlAM1-DADE County, State of Florida, vIz.: Unit C-I02 (aka CU-I02)of VALENCIA, a Condominium, according to the Dec:Jaration of Condominium thereof, .s recorded In Official Record Book 23468, at Page I, of the Public Recorcb of Miami-Dade County, Florida, and all amendments thereto, together wltb Its undivided share In the common elements.. S·ubJect to easements, restrictions aDd reservations of record and taxes for the year 2015 Bnd thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances· thereto . belonging or In anywise appertainlDg . . TO HAVE AND TO HOLD, the same In fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor Is lawfully seized of said land In fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31 ,2014. Page 1 File No.: 3349-105 Book29547/Page884 CFN#20 150185489 Page 1 of 2 https :llwww2.miami -dadeclerk.com/OfficiaIRecords/PrintDocument.aspx?QS= Y ao U fOzx ... 7118/2016 Miami-Dade Official Records -Print Document Page 2 of 2 OR BK 29547 PG 0885 LAST PAGE . IN WITNESS WHEREOF, the said Grantor bas signed and sealed these presents the day and year first above written. Signed, sealed and delivered In the presence of. ~~~ GENARSHIP====""",,=Cl!!!27§1>~,==AS~=-:-F~ CORP. ORATION By: fEr; -=s Constantino D. Bacouros, President Witness #1 Printed Name LA ndq, Tr ej-o ~ COUNTY OF MIAMI-DADE The foregoing instrument was sworn to. and acknowledged before me this.;)1/ day of Februmy, 2015, by CONSTANTINO D. BACj)l:JROS, PRESIDENT OF GENARSHI:P-CORP, A FLORIDA CORPORATION, who ( ~) is personally known to me or who ( ) has produced ___________________________ 88 identifi tion. ,r'7 SEAL My Commission Expires: File No.: 3349~lOS Page 2 Book29547/Page885 CFN#20150185489 Page 2 of 2 httnc'//wwW! l11i~mi-rl~rlp.('lp.rk c'om/OfficialRecords/PrintDocument.aspx?QS= YaoUfOzx... 7118/2016 Uu uu \:.JU ..1.'-',U..1. DESIGNATION OF RIGHT TO USE PARKING SPACE FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00), the receipt of which from DDJ SUPPLIES INC, a Florida corporation ("Designee") is hereby acknowledged, VALENCIA SOUTH MIAMI, LLC, a Florida limited liability company ("Designor") hereby designates to Unit C-102 (the "Unit") in Valencia, a Condominium (the "Condominium"), as a limited common element appurtenant thereto, the exclusive right to use Parking Space Nos. 3, 4 and 5 (the "Parking Spaces") located within the Common Elements of the Condominium. DESIGNEE ACKNOWLEDGES and agrees that this instrument is only an designation of a use right in and to the Parking Spaces, and does not convey title to the Parking Spaces or any interest in the real property upon which it is located. To the fullest extent pennitted under applicable law, Designee hereby accepts the Parking Spaces in its n AS-IS" condition as of the date hereof. DESIGNEE FURTHER ACKNOWLEDGES and agrees that this designation is subject to, and the use of the Parking Spaces is govemed by and subject to the tenns, conditions, restrictions and provisions of the Declaration of Condominium of Valencia, a Condominium, as recorded in the Public Records of Miami-Dade County, Florida, and as from time to time supplemented and amended, and any and all rules and regulations of the Valencia Condominium Association, Inc. (the "Condominium Association"), as from time to time supplemented and amended. IN ACCORDANCE WITH the foregoing, Designee further acknowledges and agrees that the designation made herein is a designation which attaches to the Unit, and unless previously and properly designated to another unit in the Condominium by DeSignee, will automatically pass with tiUe thereto, rather than being a designation which is personal to Designee. Notwithstanding anything herein contained to the contrary, the Condominium Association shall have the right to relocate any designated Parking Spaces as it may deem necessary in order to satisfy any applicable Federal, State or local accessibility laws, codes, ordinances and/or regulations. THIS DESIGNATION shall be recorded in a log maintained by the Condominium Association, but shall not be recorded in any public records. IN WITNESS WHEREOF, Designor and DeSignee have executed this Designation as of the :s day of -At?-'l.-0 , 2006. DESIGNEE: DDJ SPPP,~IE&I~C, a Florida corporation ~' ~\,'. . By: :;'J-J, ,\ \)~;\.0---1 Delores D. Flowers, President DESIGNOR: VALENCIA SOUTH 'MIAMI LLC, a Florida limited liability company By: 'MERRIT DEVELOPMENT, LLC, a Florida limited liability company, its sale 'Managing Member Henry Torre,' . an aging 'Member July 15, 2016 City of South Miami Planning and Zoning Division 6130 Sunset Drive South Miami, Florida 33143 Re: Property Owners List Within 500 feet of: VALENCIA CONDO EXHIBIT "B" TOWNSITE OF LARKINS PE 2-105 LOTS 1 THRU 25 ELK 15 PER UNITY OF TITLE OR 20624-0799 AS DESC IN DEC OR 23468-0001 1500 West Cypress Creek Rd. Suite 409 Ft. Lauderdale, FL 33309 (954) 761-9003 12230 Forest Hill Blvd. Suite 110-SS Wellington, FL 33414 (561) 798-4423 WWw.FREDlFL.COM This is to certify that the attached ownership list, map and mailing labels* are a complete and accurate representation of the real estate property and property owners within 500 feet of the subj ect property listed above. This reflects the most current records on file in the Miami-Dade County Tax Assessor's office. Sincerely, Maureen E. Hudson cc: Simon Ferro, Esq. GUNSTER 600 Brickell Avenue Brickell World Plaza, Ste 3500 Miami, Florida 33131-1897 Number of Labels: 383 *Duplicates removed. '-E-~ :ano :(.Ia.tl') 1 0230 "'Y" 10240 It-• ,I ~ 'jt) :0280 .,,'" :0270 :"'\!" 028D 0490 :~'W' ~:S'1~: 0200 ,fOa,~) 0-450 '0300 It"~~ "'\I" 04G0 0310 11>11 ... ., 'fD~1 0410 0320 F:I;>t.-., ,&2\1" · .0AiD, JI120 ft~NJ Q2\#.r1 .. 01dn. ~IL ~ .... , ICIH .... , · -'02do-A\llO. 11:#<1 .... , IOn .... ) OS91 (1tl:~) I / /~ I i;... •• -•• ,_ ...... -":'--:-o.L._.,.~ .......... -. ·I~ ... ~-_._._L-,,·.·.,. ...... " - .,0130 1C~~r, i' I' ~ i~:, tL. u:II~· W . I ~'. 1OSUl.S1- tt.:. -:~:'J ~ u ,. 0030 {lWAcJ EXHIBIT "e" """ .J", ~ ,OJ o~ I ~ a:l20 17 " u-:t. ~j!q~21 RM-'1aao .E., l3:!'At) , .f ~ OJ~ " .. OS«> ~lAl 0>J0 .. - J I " J 0180 I 11t·~A:.J I llj 1., \S! ! STATE OF FLORIDA COUNTY OF MIAMI-DADE Affidavit of Mariana Cruz Public Hearing No. PB16-026 Before me, the undersigned notary, personally appeared Mariana Cruz ("Affiant"), who being by me first duly sworn, states as follows: 1. Between the dates of August 19 and August 22, 2016 Affiant personally mailed 383 copies of the notice ("Notice") attached hereto as Exhibit A, to all addresses provided by the Florida Real Estate Decisions, Inc. ("FRED") as reflected in that certain letter and location map from FRED dated July 15, 2016 and attached hereto as Exhibits Band C, respectively. 2. The Notices were mailed through U.S. Postal service as First Class Mail and were postmarked either 8119/2015 or 8/22/2015, which dates comply with the procedures established by the South Miami Code of Ordinances. Notices to the addresses listed in Exhibit D attached hereto were mailed Certified Return Receipt Requested. 3. The Notices relate to Public Hearing No. PB16-026 in the City of South Miami. 4. Under penalties of perjury, Affiant declares that she has read the foregoing document and that the facts stated in it are true. Sworn to and subscribed before me, this & day of August, 2016 by Mariana Cruz, who (v) is personally known or ( ) has produced . ~l as .identifiCatiOn . . (Slgnatm 0 otary PublIc) ~~t.~y.I/l~~t'-' Maylen Reyes f~~\' @.'~'f% Commission II FF978652 %~ .. ~;J Expires: April 4, 2020 ~, 1:.fR~\~'~ Bonded thru Aaron Notary I,,, I H\\ (NOTARY SEAL) MIA_ACTIVE 4514693.1 Jane Tompkins Planning Director City of South Miami Sylva Martin Building 6130 Sunset Drive South Miami, FL 33143 EXHIBIT "A" August 11,2016 Letter ofIntcnt Writer's Direct Dial Number: 305-376-6016 Writer's E-Mail Address:sferro@gunster.com Re: Special Use Application by Larkin Community Hospital, Inc. to allow an Office use on Unit C-I02 (aka CV-I02) of Valencia Condominium, located at 6001 S.W. 70 th Street, South Miami, Florida Dear Director Tompkins: Our office represents Larkin Community Hospital, Inc., the applicant ("Applicant") in that certain application for a Special Use to allow an Office use ("Application") on Unit C-I02 (aka CU-102) of Valencia Condominium ("Property"), located at 6001 S.W. 70th Street, South Miami, Florida. The Property is located on the southeast corner of Valencia Condominium ("Valencia") and fronts on S.W. 59th Place. Applicant owns and operates a private, for-profit hospital located at 7031 S.W. 62 A venue, South Miami ("Hospital"), which is located approximately two blocks, and within easy walking distance, from the Property. Applicant also owns and operates an imaging center with extensive surface parking at 6129 S.W. 70 Street and an administrative office building at 5996 S.W. 70 Street, both in South Miami and within walking distance from the Property. Applicant purchased the Property, which contains approximately 703.85 SQ. FT., on February 24, 2015, with the intent of using it for celiain administrative office uses such as staff training, meetings and orientation for new employee hires. The Property has 3 assigned parking spaces within Valencia (see attached Designation of Right to Use Parking Space). On October 2, 2001 the City of South Miami City Commission ("City Commission") adopted Ordinance No. 24-01-1755, which amended the zoning designation for Valencia to TODD MU-S in the City's official zoning map. The Propeliy is therefore zoned TODD MU-5. The TODD MU-S zoning designation permits, as of right, a wide variety ofretail, office, business and personal service uses. Specifically, City of South Miami Land Development Code Brickell World Plaza 600 Brickell Avenue. Suite 3500 Miami. FL 33131 P 305-376-6000 f 305-376-6010 GUNSTER.COM Boca Raton I Fort Lauderdale I Jacksonville IIVliami I Orlando I Palm Beach I Stuart I Tallahassee Tampa I The Florida Keys I Vero Beach I West Palm Beach I Winter Park J ane Tompkins Plam1ing Director City of South Miami Pane 12 ("LDC") Section 20-3.3(D) permits Office, Business and Professional uses by right under the TODD MU-5 zoning designation. However, on February 2, 2010 the City Commission adopted Ordinance No. 06-10-2031, which amended the Valencia site plan and required most non-retail uses for the Propel1y, including Office, Business and Professional uses, to be approved only by Special Use, after public hearing. As previously stated, if the Application is approved, Applicant intends to use the Prope11y for administrative office uses such as staff training, meetings and orientation for new employee hires. The requested Office use allows the intended uses. No medical services will be provided from the Property. As previously stated, the Property has 3 assigned parking spaces within Valencia. Section 20-7.12(B) of the LDC requires 1 parking space per 250 sq. ft. for Office, Business or Professional uses. As the Property contains 703.85 sq. ft. the 3 assigned parking spaces comply with the LDC parking requirement. Additionally, the vast majority of people using the Property will walk to it from the nearby Hospital and other administrative offices owned by Applicant. The Application request complies with the Special Use Conditions of Section 20-3.4 of the LDC. The requested use further complies with all requirements established in the TODD MU-5 zoning designation and is compatible and complementary to existing uses within the surrounding areas. The Application also complies with the requirements of Section 20-5.8(B) of the LDC. The requested use will not adversely affect the health or safety of persons residing or working in the vicinity of the Property; will not be detrimental to the public welfare or prope11y or improvements in the neighborhood, and; otherwise complies with all other applicable LDC provisions. The requested use will not increase traffic or parking use within the Valencia or the adjoining streets as most, if not all, people using the Prope11y will walk from the Hospital or other administrative offices owned by Applicant. Based on the above justifications Applicant respectfully requests approval of the Application. Enclosure MIA_ACTIVE 4500941.2 Miami-Dade Official Records -Print Document Book23468/Page 7 4 CFN#20050605874 Page 14 of 15 EXHIBIT 1 PAGE 2 OF 21 -y%f l't'i Page 74 of 148 httns://www2.miami-dadeclerk.com/Dublic-records/PrintDocument.asDx?OS= Yao UfOzxrvO... 7/7/2016 Miami-Dade Official Records -Print Document Page 13 of 15 J. BONFILL & ASSOCIATES, INC. ARCHITECTS-LAND SURVEYORS-PLANNERS 9360 S.W. 72nd STREET. MIAMI. FLORIDA 33173 PH. (305) 598-8383. FAX (305) 598-0023 www.jbonfill.com VALENCIA, A CONDOMINIUM LEGAL DESCRIPTION Lots 1 through 25. Block 15. REALTY SECURIllES CORPORA nONN'S TOWNSITE OF LARKINS. according to the plat thereof recorded In Plat Book 2. Page 105. of the Public Records of Miami-Dade County. Florida. containing 122.820 Square Feet or 2.82 Acres more or less by calculations. VICINITY MAP NOT TO SCALE I hereby certify that the construction of the ImproYlilments Is substantially complete so that th ...... materials (Exhibits). tog .. ther with the provisions of the declaration describing the condominium property. Is an accurat .. representation of the location and dimensIons of the improvements. and ISO that the Identification. loeotton and dimensions of common elements of each unlt con bet determined from these materials. PROFESSIONAL SURVEYOR AND MAPPER No. 3179 STATE OF FLORIDA November 5th. 2004 DRAWN BY: J.S.LC. M.P REVISED BY: J.B. Book23468/Page73 CFN#20050605874 EXHIBIT 1 PAGE 1 OF 20 SEAL JOB No. 04-0821 .,3 of l'-\-' Page 73 of 148 httn<;· / /V-.'WVJ? miRmi-nRrleclerk .com/nuhlic-records/PrintDocument.asDx?OS= Y aoU fOzxrvO... 717/2016 VI ..- 4-; o 'T Q) bJ) ro p.., ...... c:: Q) p ;:; () o Q ...... c:: .,..., 0:: VJ '"d ;.... o () Q) r:r:; "@ 'u ~ 4-i o Q) '"d ro Q , .-r< c:: ro ~ ~ ,~-~-*----~-­BaIEIIIS WGUII)ING BIIT HOT lJ.II1TEl) TO STAIRS, ElfYATCfIS. COAIIIlORS. CONCItETE AR<AS, LEGEND D LIMITED COMMON ELEMENTS __ THE UNIT BOUNDARY LINE WAlJllNAYS. _T IlIWEWAYS. Nfl) SERI1Cf R()()MS!fIE eot.I!IaI aaeas OF 11tE CONDOMINIUM. ~ THE OIIIENSIOIIS OF THE UIIlS.IRE CALCUIATEO FIlOM THE UNFINISHEO SlIFACE OF TlE EXTERIOR SURFACES OF THE exTEIOOR WIilS BOUNDING THE UIIl !If) TlE C8iTERI.JIIE OF THE PARTTI10HJHG WALl.S BETWEEN UI<lT~ a CHASE, COLUMNS. AND ALl PROPERT'I AND INSTAUAlDjS, lNCI.LIliNG \\1THOUT UMlTATlOH. THE CONDUITS. DUCTS. PLUMBlNG. WIRING !If) OTHERfACIUTJE5 I,OCATED \\I1lIN TlE lHTS, REOOIREO fOR THE fURNISHING OF UT1lJT1E5 AND OTHER SSM:ES TO MORE THAN ONE UIIl OR TO TlE COIotNON aEMEHIS SHALl BE 0EaIEIl COMMON aDIBIfS. 4. AU BALCOHES AND TERRAC<S.IRE lJIoII6) COIIMOH ElBE1IIa NOTE: THE PAAnnONS WAU.S OF THE COIIhlERCiAl UNITS .IRE PROPos<[). VALENCIA, A CONDOMINIUM FIRST FLOOR IjI"'I\ 0' 5' 10' 20' GRAPHIC SCALE J. BONFILL & ASSOCIATES, INC. ARCHITECTS-lAND SURVEYORS-PLANNERS 9360 S. W. 72nd STREET. MIAMI, FLORIDA PH. (305) 598-838J, FAX (305) 598-0023 DATE: November 5111.2004. MATCH LINE K !mk COIIIERCIIl ClJ-Ia. COIINERCW. k' Iftljll ) ClJ-I03 COIIWERCI.II. J lillIl ClJ-I02 Br~ '1 \J IIII \0 Q. to ..- () -q-0 (f ..... N (\j -----r '0 r-- -----u.. r-- 0 0> l"-f'.. Q) 0 W C> >-. (j ;.... « CO >< a. 0.. N 8 ;::J ~ I 0 ro >--II VJ 0 ('-. >< 0.. VJ -q-ro f'.. .,...; to ~ Q) LO a 0 (!) ;:::l () 0 0 LO Q 0 ...... 0 .8 N ;.... =It P... -----Z VJ ll.. '"d ;.... 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CD I CJ'> .8-,21 . o.D I (ry (') .0h£1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: 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 flk/a 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 NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMt -PLANNING AND ZONING DEPARTMENT -SEPT. 13, 2016 in the XXXX Court, was published in said newspaper in the issues of 0910212016 Affrant 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 offrce In Miami in said Miami-Dade County, Flonda, for a period of one year neX1 preceding the first publication of the attached copy of advertisement; and affrant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thiS advertisement for (S MARIA MESA personally known to me N@'fDCEOIF g»UBUCHEARIINIG CINOf SOUTH MWWU PLANNING AND ZONING DEPARTMENT .. ' . 6130 SUNSET DRIVE; SOUTH MIAMI~FloRrDA 33143 PHONE: (305) 663-6326; FAX #.: (305)~-4591 On Tu.esday, SePt~mbe~1.3,2016 al7:00P.lVi., th~ City of South Miami's 6~nn~ng Board Will conduct public,hl3a rings in the City Commission am ers at the .above addr~ss on the following items: . '. 1. PB"16-025 Applicant Ramon Lastra A Resolirtion approving a Variance of bothihe. front' setback and the side interior setback for the property located at 7400 siN 64 Court. .... . . . . . . 2. PB-16-026 ' .. Applicant Larkin Community Hospital A .Resolution approving a Special Use application to permit an Office: . BusinesslProfessioilal use at ~1 SW70Streeh Unit CU-102. 3. PB-16-Q27 . Applicant City of South Miami An Ordinance ameridi;,g the Land Development .Code,Article VI, Section 20"6.1, and other applicable provisions,to define thetenn "less restrictive" as it appJiesto the vothig requirements of the City Commission. . . . All. interested partieS are urged to attend. Obie~ion~' or expressions of approval may be made in person at the hearing or filed in writing' prior to or at the hearing. The Planning Board reserVes the rigtltto reCommend to the City Commission whatever the board considers in the best.interest for the area involved. Interested parties requesting information are asked to contact the Planning. imdZoningDepartment by ~lIing 305-663-6326 or' writirig to the address indicatedab6ve. You are hereby advised ~hatif any. perso(1 desireS' to'. appeal any decision made with respect to anY matter consider~'atthis meetingorhearirig, such person will neeq:·a record of theproceedirigs. and for such purpose may need to ensure ·ttlata verbatim record of the proceedings is made, which record includes the testimony and evidence. upon which the appeal is to be based (F.S. 286.DiD5). Refer to hearing number when making any inquiry. 9/2 i6-i32/DODDi48954M 36SE I NEIGHBORS CEA is more than (f school. It is (] place where students leunl more abuut more. They are empowered to look for the best in others (mel the71lseiues and urI' shaped into young men and women who actively exploT'e interests, hone talents, and advocate ideas. CEA is proud to see its students become well-rounded individuals who, upon graduCltio11., shine ill the hest high schools across South Florida and not only follow their dreams, but live them. WW'\'\T.CO~taesPinosa.eorn ConchIta Espinosa :'\I.:adcmy IS a..:~rcdjtcd internationally. nationally and repionally by Accreditation Illlerilutinl1al (Ai), ~atlOllal Council for Pri\'ale School ;\('(.'fcdilatiull. National 1nclependellt Private Schooh Association. :;'v1iddlc SI'ltes A:.;...;ociatioll. Southern A...;...;ociati()ll of C(lJl~!-=cs and Schools, A~\.;ociatjon of Independent School~ of):;')orida. and i~ illllemhcr ~'. '~.',liI' of Indcpcmk:nl Schools ()f SOllth Florida. •• ~ 12975 SW 6th Street, Miami, FL 33184 :~~. ~~ I \U~DAY OCTOBER 9 2016 MIAMIHERAlD.COM CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY gl\en Ihal Ihe ('ill' C"m1l11"ion ,d Ihe ('ilO' "I S"ulI1 \1wmi. FloriJa will conduct Public Hl'arin~(s) at ih regular City Commis'\illll mcetin!; sdleclulcd for Tuc\day. ()ctobt~r J S. 21)] 6. bcgjnnlll~ al 7:IH) p.m .. in the City C{)JnmJ\SIOn CIl"mhers. 0] 3() SUJI...;d Thl\'l~. ttl l'(ill,idl~r tIlE' hl]ll1\\ illg l!l~m~ \): A Rt'''O]utjPll appnwing d Vari,.tl1cc ()1 h(lth the frllill "'t~tbdck and the 'ddt' inlnHlI" ,clhad. for Ihe propcrlv Incall'd al 74()() SW 64 ('Durl ( A Re'olulion apprming a Spet ":1 l\e applH':II<,n I" permil an Olli,:c' BU"I1"";\ Prllle"I<lI1al IN' al fllJl1l SW 70 Sm',,!. l'l1ll Cl -11l2. J ALL inlcre'itcd parllL" are JJ)\'!lcd II) attend and \-vlli h~ heilrd F"r fllrlher mlormallUn. pll""" "'l1la('lll>" CII)' Clerk', 0111(',' at: :10S-661-6::"l(l \-Iariil \·1 :"knende/. (:\·1C Cily Clerk PU1\Uilnl tl: FI{'lld;, StdtulL, 2M, fl J ()5. t!l\' ell;' hL'H'h~ dlh I'n lhc )1uhlh !h;llll "p~'J'PllllL, :d:, It, ;ll'p~' .. l jl1l~ Jc',l\llltl lllild[' h~ !hl~ 8oard. :\g,~nlY \If ('(1111Jl11-;,l\lH wllh L"P,l! 1t1 ,IJJ~' lnillh'l ~·'ln'l(I...'r:.?d dllh lIH'l'!J!:;-' Ih'anll~, 11(' (Ij "he v,]ll llC'.::d ,! !"(',,\,rd II/th.' pT(OI..(',',illl~'. ;md that/II! ~lil:h purpu_,', ;;llc':h'd p.T,',11 Ina) Ill'·:ci II' ,'lh\!H [h,ll d \',li,<lllm r,'lt,rJ ,Ii Ih\' j'l<lL'l :d)ll~' I" Illddc' v, hlVlll,T('ld IUl itld', tIL' Ie ,>Llllj{'ll~ ;l11U .'\"ld~'ll( .. ,' nptlll whICh lh~' arre:i! )..: t" h,' h;I~l'd R~ Fait D~ H()~ A weekend of sales and free classes. October 14th, 15th & 16 th 2016 9am -5pm each day. Sale Specials at All 4 Nurseries CaribPJants 26505 sw 203 An, Homestead fL ,~U31 30>-245-556> Motes Orchids 25000 SW 162 Ave. Rcdlaod FL :130:31 305-/47-4 lQ8 Soma. Orchid,,. 25750 SW 177 Ave, ) i{JmesteaJ FL 33031 305247-25M Whimsy Orchids 1~7SS SW Nfl St. HOJne~trad FL 11011 105-242-1111 Pick up an entry coupon & have it stamped at three of our nurseries the sale weekend. " IfIIf/I$'f 0RCI1llIs . . '?'I .... .,~Ll~.l;:..J,,.~.l!~1d' Map at: www.orchidworks.com/redfand LARKIN COMMUNITY HOSPITAL, INC. SPECIAL USE APPLICATION TO PERMIT AN OFFICE: BUSINESS/PROFESSIONAL USE AT 6001 SW 70 TH STREET UNIT C-102 UNIT C-102 VALENCIA CONDOMINIUM LARKIN COMMUNITY HOSPITAL, INC. REQUEST FOR ((OFFICE" SPECIAL USE 1. VALENCIA CONDOMINIUM ADDRESS: 6001 SW 70 STREET 2. UNIT C-102 FRONTS ON SW 59 th PLACE AVENUE, ALMOST AT CORNER WITH SW 70 TH STREET 3. UNIT C-102 CONTAINS 784 SQ. FT. 4. 3 ASSIGNED PARKING SPACES (3.14 SPACES REQUIRED) 5. DIRECTLY ACROSS FROM POST OFFICE 6. ((OFFICE" USE WILL ALLOW LARKIN HOSPITAL TO CONDUCT STAFF MEETINGS, EMPLOYEE TRAINING AND ORIENTATION 7. NO MEDICAL USE, NO PROVISION OF MEDICAL SERVICES OR PATIENT VISITS 8. MOST OCCUPANTS WILL WALK FROM OTHER NEARBY LARKIN HOSPITAL OFFICES OR FACILITIES (SEE LOCATION MAP ATTACHED) WALKING DISTANCE LARKIN FACILITIES A. MAIN HOSPITAL AT 7031 SW 62 AVENUE B. NEUROSCIENCE CENTER AT 6129 SW 70 STREET C. SCHOOL OF NURSING AT 6040 SW 70 STREET D. ADMINISTRATIVE OFFICES AT 5996 SW 70 STREET E. PARTIAL HOSPITALIZATION PROGRAM OFFICE - .. ... .. V) <.;.... o "<j- v 0£) ce ~ -= ... v ... '" .. 6 ~ C) o o ..... c ~ en "'0 5 C) ~ -ce '0 ~ "-' o V "'0 ~ co Q ,.!. 2 w " ~ ~ '~ __ K ______ _ LEGEND o LIMITED COMMON ELEIAENTS -THE UNIT BOUNDARY UNE ELEI8lS IQJIOING sur HQTlIIIlB) lOSTmIS. ~caRlCJIS.~.wAS, W/u'wAYS. ASl'HALTORNaWS.NIIl SEJM:£AOOIISARECXIIICII BBIEIIISOFTHE iXlICXlIoHJII. ~ 1I£_CF lHE\NlSARE CAICUIA1al F!ICIUlI£llIfNStEDSIIF.ocEOFlI£ EXIBIIORSURFACES CFM EXIBIIOR WI<lS IIOIHlIIG tHElNT NfJlI£cooauECFlI£ PNl1lllONllG WI<lS BE:rVomIIHIS. a O<ASE. COWIINS. AN[) AU.PRCPERIY NlDICSTAUAlDtS, r«:U.DIIG l\IIlIOlIrUllrmllf, tHE alNIltJlS, OUCTS.~ _AND OTlERFACIJII!SUlCAlEDlIIIHN1>£1HIS, REIlUIRal F<IIIlHE RllHlSHlNGCF UIlJTIES NIl O1IE\SEJMaSlt) lIllIE llW< OlE INT OR It)1I£_9..DI9IISSlllU.eeDEBlEDCCIAICN~ .. AU. IlAUDGESANO 1BIIW:ES ARElMItDCCIAICN B.BEm MATCHUNE Nore 1HE PARUllONS WAU.S rF 1HE toIIIEROAl UNITS ARE PRa'OSED. VALENCIA, A CONDOMINIUM FIRST FLOOR O~~O ' GRAPHIC SCAL£ J. BON FILL & ASSOCIATES, INC. ARCHITErn-LANO SURVEYORS-PlANNERS 9360 S. W. 72nd SlREET. t.l1AM1. flORJDA PH. (305) 598-8383. FAX (305) 598-0023 DATE: November 5111,2004. VALENCIA CONDOMINIUM FLOOR PLAN CCIIIIIlICW. Cll-1C2 TOl£TS flt1llWll$ N I..L. 0 I' w " < a. ~I C.I. co 0 V ..-CS" .... r 0 0) I"- (!) C) ~ a.. V l"-co I.!) a co a I.!) a a ~ Z LL () 0) I"- Q) C) ~ a.. ....... co co v C') C\I ~ 0 0 III \0 0 N --e----e-- 0 >. '-' x N 2 :J 0 ro >-II rn CI c-' x 0.. en ce ..... c v 6 ~ C) 0 9 c ~ --en "'0 '-' 0 C) v '-' , .~ 2i ~ 0---::::: 0 ~ ...:><: ~ <3 v "'0 ro "'0 , ::::: a °6 N ~ ~ ~ ~ en = :=: "'~'. <"" -'--'.". "" '-"" "',-' ~''I..., """ ", ADJACENT TENANT }-y; ! ! ~ lil iii ii; 11l.,/<--__________ 1::..::5~'-_=1_=__O'+_--------_,I<,I<_4-=--'--+_--=---_H_____lJ.lJli;VI iii iii Ii! !.u i i .... .... • L--______ -I , ; 4'-11' 12'-8' : i*--~-=--~-----4-~=-~-----_+~~-~~-=----_¥: : j j 1 j:, t:' 14'-8' 4' ADJACENT TENANT :::: • h--------t: (p -t a 5'-6' ~ m (p -t a IU ~ 7'-5' m 1_1 - ----------------------------------.. --~----~~::::::'WH::·::::::;:;;;;;;;;;;;;;;;;;;;;;;iiiiiii ' :_:'0.-.• "",-;..,..,: " ••. ~- ~?Y-. ',r;.... • .- \& rI MACDONALD DRY CLEANERS UNIT C-I03 ABUTTING C-I02 TO NORTH e z -..., z o ~ e:z:: o ~ ('j I -o N