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7000 SW 62 AVE PB-94-018-000 err.;, �t3k City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 APPL2CAT=ON FOR TREE REMOVAL PERM 2T SITE LOCATION AND DESCRIPTION Owner ,C-P t'--�tA s ow.-z 0 Address "A C> 2-17-k 9P<b(- �, ►Q� Zip Zoning Phone } CONTRACTOR/AGENT Name AS C- nN Address ?.O• '�dc l`-l-�12�'� �ov� �a,���S F Zip 3314 Phone WORK DESCRIPTION & APPROVAL CONDITIONS Reason for removal: R AZ Shads Tree 12. OAR (overall bsigbtl --- 900 eq.tt. canopy credit Shade Tree 81 OAR (overall height) - 300 sq.tt. canopy credit Palo Tree 10, OAR (overall height) --- 300 aq.tt. canopy credit Approved: Date: Fee: FAILURE TO COMPLY WITH THE CONDITIONS OF THIS TREE REMOVAL PERMI VIOLATION FOR EACH OFFENSE. T MAY RESULT IN THE ISSUANCE OF NOTICE OT ALL REPLACEMENT TREES SEALL RE PLANTED WITHIN 90 DAYS AFTER ISSUANCE OF TIM TREE REMOVAL PERMIT. TREES SRALL REMAIN UNDEM THE CARE OF THE ENTITY OR PERSON RESPONSIBLE FOR THE PLANTING FOR A PERIOD OP ONE YEAR. ANY TREE THAT DIES OR BECOMES NONVIABLE WITHIN ONE YEAR SULU BE REPLACED ACCORDING TO THE STANDARDS SET FORTH ZN THE CITY OF SOUTH MIAMI ORDINANCE NO. 4-92-1199. I UNDERSTAND THAT IN SIDZtIN(j THIS PERMIT, I AM RESPONSIBLE FOR THE SUPERVISION IN ACCORDANCE WITH THE PLANS AND ABOVE CONDZTZ FOR WITH ALL FEDERAL, STATE, COUNTY, AND CITY LAWS APPLICABLE. 2 �- 91) DATE HIGH= -Te C2TY OF SOUTH M=AM= yj- Building, Zoning and Community Development Department . 6130 Sunset Drive, 2nd Floor t �Q South Miami, Florida 33143 Phone: 305 663-6327 Fax 305 666-4591 COVER �-4- -Z X42 f FAX DATE:. � l8./`� � 7C A o^A•p -7 QO.,S 6ys LOCATION: . eoo -41 lr j-y ,PHONE: b ,�t"F'R. QM: war DEPARTMENT: PHONE: MESSAGE: P&7L i NUMBER OF PAGES, INCLUDING COVER SHE T: = CITY OF SOUTH MIAMI Building, Zoning & Community Development Department ® 6130 Sunset Drive, 2" Floor; South Miami, Florida 33143 Phone: (305) 663-6327; Fax #: (305) ,666-4591 June 30, 1995 Mr. Jeff Lane 7000 S.W. 62 Avenue Penthouse A South Miami, Florida 33143 Dear Mr. Lane: It has come to my attention that the City has not yet received a recorded unity of title for the property at 6210 S.W. 70 Street, linking the property to 7000 S.W. 62 Avenue. In addition, the recorded "Declaration of Restrictions has not yet been received. Certified copies of these recorded documents (indicating Dade County recording number) must be submitted, in order to fmalize approval of the Special Use Permit granted by the Commission. A copy of Resolution No. 15-95-9564 which approved the Special Use is enclosed. This is a serious matter that needs prompt attention. Thank you for your cooperation. Sincerely, Fo P Dean L. Mimms, AICP Director of BZCD Dept. enclosure c: Eddie Cox City Manager Ronetta Taylor City Clerk c:\wpdocs\p1anningVVort.018 (p.10) r RESOLUTION NO. 15-95-9564 A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A SPECIAL PARKING PERMIT PURSUANT TO SECTION 20-4.4 (F)(2)(a) OF THE LAND DEVELOPMENT CODE TO ALLOW AN OFF-SITE PARKING LOT TO BE LOCATED ON PROPERTY IN THE RO (RESIDENTIAL OFFICE) DISTRICT, AND SPECIFICALLY LOCATED AT 7000 S.W. 62 AVENUE, SOUTH MIAMI, FL, 33143, AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, HealthSouth Corporation made application for a Special Parking Permit to allow an off-site parking lot to be located oa-property in the RO (Residential Office) district, as provided for under Section 20-4.4 (F)(2)(a) of the Land Development Code. WHEREAS, the property is located at 6210 S.W. 70 Street, South Miami, Florida, 33143, and is legally described as follows: The North 115.00 feet of the East 'h of the Southeast '/a of the Southeast '/a of the Southwest '/a less the East 149.00 feet and the East 137.00 feet of the North 150.00 feet of the West '/z of the Southeast '/a of the Southeast '/a of the Southwest '/a, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade. County, Florida, subject to a dedication of the North 25 feet for road purposes; and, WHEREAS, upon approval this property is considered to be part of the property located at 7000 S.W. 62 Avenue via recorded unity of title; and, WHEREAS, the Building, Zoning & Community Development Department staff recommend approval of the application upon evaluating the application for (a) consistency with the Comprehensive Plan and (b) compliance with the requirements contained in Sections 20-4.4 (F)(2)(a), 20-3.4 (13)(15) and 20-3.6 (0) of the Land Development Code; and, WHEREAS, on December 13, 1994, the Planning Board voted to recommend approval of the application (6-0) with the following conditions: (1) That every effort be made to provide irrigation and to utilize porous asphalt; (2) That the chain-link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; (3) That any extremely hazardous parking spaces be either re-configured or eliminated upon final approval; (4) That the chain-link fence be vinyl coated, black in color; (5) That the said fence be limited to four feet in height; and, WHEREAS, the Mayor and City Commission accept the recommendation of the Planning Board. HealthSouth Parking Permit Resolution Page # 1 M NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. The application by HealthSouth Corporation for a Special Parking Permit to allow an off-site parking .lot to be located on property in the RO (Residential Office) district, as provided for under § 20-4.4 (17)(2)(a) of the Land Development Code is hereby granted with the following conditions: (1) That every effort be made to provide irrigation and to utilize porous asphalt; (2) That the chain-link fence be erected two feet behind the property line, to include the planting of shrubbery-on the outside edge of the fence; (3) That any extremely hazardous parking spaces be either re-configured or eliminated upon final approval; (4) That the chain-link fence be vinyl coated, black in color; (5) That the said fence be limited to four feet in height; (6) That the applicant record a unity of title in the public records of Dade County to join this property with the property located at 7000 S.W. 62 Avenue; and, (7) That the applicant record a signed copy of the "Declarations of Restrictions" prepared by BZCD staff (EXHIBIT A) in the public records of Dade County. (8) The hours of operation of the parking garage are 'ted to 7:00 A.M. until 9:00 P.M. The applicant shall take appropriate on to-assure compliance with this condition. PASSED AND ADOPTED THIS 17b DAY F JAN ARY, 1995. Neil Carver,,Mayor A T: os ary J. Wascur , City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop, City Attorney cAplanninglreport.018 HealthSouth Parking Permit Resolution Page # 2 DECLARATION OF RESTRICTTONS KNOW ALL BY THESE PRESENTS that the undersigned, Owner(s) of the following described property (the "Property"), lying,being situated in the City of South Miami,Dade County,Florida, to-wit: The North 115.00 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 less the east 149.00 feet and the east 137.00 feet of the North 150.00 feet of the West 1/2 of the Southeast 114 of the Southeast 1/4 of the Southwest 1/4, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade County, Florida,subject to a dedication of the North 25 feet for road purposes. IN ORDER TO ASSURE the City of South Miami, Florida, that the representations made to them by the Owner during consideration of a special use permit, the property will be abided by the Owner,freely,voluntarily and without duress makes the following Declaration of Restrictions covering and running with the property: (1) That said property shall be developed substantially in accordance with the spirit and intent of the plans previously submitted,prepared by Consulting Engineering and Science,INC., dated the 15 day of APRIL . 1924, said plan being on file with the City of South Miami Building and Zoning Department, and by reference made a part of this agreement. (2) The Property Owner(s) must comply with the architectural and landscaping plans offered as part of this covenant. (3) Perpetual maintenance of landscaping as shown on the landscaping plans submitted with this Declaration of Restrictions must be maintained by the Owner(s). Inspection. As further part of this agreement it is hereby understood and agreed that any official inspector of the City of South Miami Building and Zoning and Community Development Department, or its agents duly authorized, may have the privilege at any time to enter and inspect the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. The Declaration on the part of the Owner shall constitute a covenant running with the land and will be recorded in the public records of Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date of this Declaration is recorded after which time it shall be extended automatically for Declaration of Restrictions Page Two successive periods.of ten years each, unless an instrument signed by the majority of the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of South Miami. Modification. Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the,then, owner or a majority of the owners of all of the Property provided that the same is also approved by the Director of the Building and Zoning Department of the City of South Miami. Should this Declaration of Restri ctions be so modified, amended or released, the Director of the City of South Miami Building and Zoning Department, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or.release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. Authorization for Building and Zoning Department to Withhold Permits and Inspections. In the event payments or improvements are not made in accordance with the terms of this declaration, in addition to any other remedies available, the City of South Miami Building and Zoning Department is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. Election of Remedies. All rights, remedies granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspections and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and the spirit of this Declaration. DECLARATION OF RESTRICTIONS PAGE THREE Severability. Invalidation of any one of these covenants, by judgement or Court, in no way shall affect any of the other provisions which shall remain in full force and effect. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost of the Owner following the approval of the Application by the Director of the City of South Miami Building and Zoning Department. 3 IN WITNESS WHEREOF, the party agrees to abide by all terms and accepts the Declaration of Restrictions to the date and year fast written above. PROPERTY OWNER Witness: 6210 S.W. 70 Street Witness: HEALTHSOUTH CORPORATION City of South Miami Director of Building and Zoning and Community Development Dean L. Mimms, AICP C\WpWORRWORMSVMAL n1SO.COV DECLARATION OF RESTRICTIONS KNOW ALL BY THESE PRESENTS that the undersigned, Owner(s) of the following described property (the 'Property"), lying,being situated in the City of South Miami,Dade County, Florida, to-wit: The North 115.00 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 less the east 149.00 feet and the east 137.00 feet of the North 150.00 feet of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade County, Florida, subject to a dedication of the North 25 feet for road purposes. IN ORDER TO ASSURE the City of South Miami, Florida, that the representations made to them by the Owner during consideration of a special use permit,the property will be abided by the Owner,freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the property: (1) That said property shall be developed substantially in accordance with the spirit and intent of the plans previously submitted,prepared by Consulting Engineering and Science, INC., dated the B day of APRIL , 1994, said plan being on file with the City of South Miami Building and Zoning Department, and by reference made a part of this agreement. (2) The Property Owner(s) must comply with the architectural and landscaping plans offered as part of this covenant. (3) Perpetual maintenance of landscaping as shown on the landscaping plans submitted with this Declaration of Restrictions must be maintained by the Owner(s). Inspection. As further part of this agreement it is hereby understood and agreed that any official inspector of the City of South Miami Building and Zoning and Community Development Department, or its agents duly authorized, may have the privilege at any time to enter and inspect the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. The Declaration on the part of the Owner shall constitute a covenant running with the land and will be recorded in the public records of Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date of this Declaration is recorded after which time it shall be extended automatically for Jr ., Declaration of Restrictions Page Two successive periods of ten years each, unless an instrument signed by the majority of the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of South Miami. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner or a majority of the owners of all of the Property provided that the same is also approved by the Director of the Building and Zoning Department of the City of South Miami. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of South Miami Building and Zoning Department, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable-for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. Authorization for Building and Zoning Department to Withhold Permits and Inspections. In the event payments or improvements are not made in accordance with the terms of this declaration, in addition to any other remedies available, the City of South Miami Building and Zoning Department is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. Election of Remedies. All rights, remedies granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspections and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and the spirit of this Declaration. A f. DECLARATION OF RESTRICTIONS PAGE THREE Severability. Invalidation of any one of these covenants, by judgement or Court, in no way shall affectt any of the other provisions which shall remain in full force and effect. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost of the Owner following the approval of the Application by the Director of the City of South Miami Building and Zoning Department. IN WITNESS WHEREOF, the party agrees to abide by all terms and accepts the Declaration of Restrictions to the date and year first written above. PROPERTY OWNER Witness: 6210 S.W. 70 Street Witness: HEALTHSOUTH CORPORATION. City of South Miami Director of Building and Zoning and Community Development Dean L. Mimms, AICP C:\WPW0RKW0RMSV1EALTHS0.00V nW- � �ny RESOLUTION NO. 15-95-9564 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A SPECIAL PARKING PERMIT PURSUANT TO SECTION 20-4.4 (F)(2)(a) OF THE LAND DEVELOPMENT CODE TO ALLOW AN OFF-SITE PARKING LOT TO BE LOCATED ON PROPERTY IN THE RO (RESIDENTIAL OFFICE) DISTRICT, AND SPECIFICALLY LOCATED AT 7000 S.W. 62 AVENUE, SOUTH MIAMI, FL, 33143, AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, HealthSouth Corporation made application for a Special Parking Permit to allow an off-site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20-4.4 (F)(2)(a) of the Land Development Code. WHEREAS, the property is located at 6210 S.W. 70 Street, South Miami, Florida; 33143, and is legally described as follows: The North 115.00 feet of the East '/2 of the Southeast '/a of the Southeast '/a of the Southwest '/a less the East 149.00 feet and the East 137.00 feet of the North 150.00 feet of the West t/2 of the Southeast '/a of the Southeast '/a of the Southwest '/a, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade County, Florida, subject to a dedication of the North 25 feet for road purposes; and, WHEREAS, upon approval this property is considered to be part of the property located at 7000 S.W. 62 Avenue via recorded unity of title; and, WHEREAS, the Building, Zoning & Community Development Department staff recommend approval of the application upon evaluating the application for (a) consistency with the Comprehensive Plan and (b) compliance with the requirements contained in Sections 20-4.4 (F)(2)(a), 20-3.4 (B)(15) and 20-3.6 (0) of the Land Development Code; and, WHEREAS, on December 13, 1994, the Planning Board voted to recommend approval of the application (6-0) with the following conditions: (1) That every effort be made to provide irrigation and to utilize porous asphalt; (2) That the chain-link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; (3) That any extremely hazardous parking spaces be either re-configured or eliminated upon final approval; (4) That the chain-link fence be vinyl coated, black, in color; (5) That the said fence be limited to four feet in height; and, WHEREAS, the Mayor and City Commission accept the recommendation of the Planning Board. HealthSouth Parking Permit Resolution Page # 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. The application by HealthSouth Corporation for a Special Parking Permit to allow an off-site parking lot to be located on property in the RO (Residential Office) district, as provided for under § 20-4.4 (17)(2)(a) of the Land Development Code is hereby granted with the following conditions: (1) That every effort be made to provide irrigation and to utilize porous asphalt; (2) That the chain-link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; (3) That any extremely hazardous parking spaces be either re-configured or eliminated upon final approval; (4) That the chain-link fence be vinyl coated, black in color; (5) That the said fence be limited to four feet in height; (6) That the applicant record a unity of title in the public records of Dade County to join this property with the property located at 7000 S.W. 62 Avenue; and, (7) That the applicant record a signed copy of the "Declarations of Restrictions" prepared by BZCD staff (EXHIBIT A) in the public records of Dade County. (8) The hours of operation of the parking garage are 'mited to 7:00 A.M. until 9:00 P.M. The applicant shall take appropriate ction to-assure compliance with this condition. PASSED AND ADOPTED THIS 17`h DAY F JAN ARY, 1995. Neil Carver, Mayor A T: ' � CSC os ary J. Wascur , City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop, City Attorney c:\planning\report.018 HealthSouth Parking Permit Resolution Page # 2 1 1 RESOLUTION NO. 15-95-9564 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A SPECIAL PARKING PERMIT PURSUANT TO SECTION 20-4.4 (17)(2)(a) OF THE LAND DEVELOPMENT CODE TO ALLOW AN OFF-SITE PARKING LOT TO BE LOCATED ON PROPERTY IN THE RO (RESIDENTIAL OFFICE) DISTRICT, AND SPECIFICALLY LOCATED AT 7000 S.W. 62 AVENUE, SOUTH MIAMI, FL, 33143, AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, HealthSouth Corporation made application for a Special Parking Permit to allow an off-site parking lot to be located on*property in the RO (Residential Office) district, as provided for under Section 20-4.4 (F)(2)(a) of the Land Development Code. WHEREAS, the property is located at 6210 S.W. 70 Street, South Miami, Florida, 33143,.and is legally described as follows: The North 115.00 feet of the East '/z of the Southeast '/a of the Southeast '/a of the Southwest '/a less the East 149.00 feet and the East 137.00 feet of the North 150.00 feet of the West 1/z of the Southeast '/a of the Southeast 1/a of the Southwest 1/a, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade County, Florida, subject to a dedication of the North 25 feet for road purposes; and, WHEREAS, upon approval this property is considered to be part of the property located at 7000 S.W. 62 Avenue via recorded unity of title; and, WHEREAS, the Building, Zoning & Community Development Department staff recommend approval of the application upon evaluating the application for (a) consistency with the Comprehensive Plan and (b) compliance with the requirements contained in Sections 20-4.4 (17)(2)(a), 20-3.4 (13)(15) and 20-3.6 (0) of the Land Development Code; and, WHEREAS, on December 13, 1994, the Planning Board voted to recommend approval of the application (6-0) with the following conditions: (1) That every effort be made to provide irrigation and to utilize porous asphalt; (2) That the chain-link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; (3) That any extremely hazardous parking spaces be either re-configured or eliminated upon final approval; (4) That the chain-link fence be vinyl coated, black in color; (5) That the said fence be limited to four feet in height; and, WHEREAS, the Mayor and City Commission accept the recommendation of the Planning Board. HealthSouth Parking Permit Resolution Page # 1 f a a NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. The application by HealthSouth Corporation for a Special Parking Permit to allow an off-site parking lot to be located on property in the RO (Residential Office) district, as provided for under § 20-4.4 (F)(2)(a) of the Land Development Code is hereby granted with the following conditions: (1) That every effort be made to provide irrigation and to utilize porous asphalt; (2) That the chain-link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; (3) That any extremely hazardous parking spaces be either re-configured or eliminated upon final approval; (4) That the chain-link fence be vinyl coated, black in color; (5) That the said fence be limited to four feet in height; (6) That the applicant record a unity of title in the public records of Dade County to join this property with the property located at 7000 S.W. 62 Avenue; and, (7) That the applicant record a signed copy of the "Declarations of Restrictions" prepared by BZCD staff (EXHIBIT A).in the public records of Dade County. (8) The hours of operation of the parking garage are 'mited to 7:00 A.M. until 9:00 P.M. The applicant shall take appropriate ction t ssure compliance with this condition. PASSED AND ADOPTED THIS lTh DAY F JAN ARY, 1995. Neil Carver, Mayor A T: Coary J. Wascur , City Clerk READ AND APPROVED AS TO FORM: J Earl G. Gallop, City Attorney c:\planning\report.018 HealthSouth Parking Permit Resolution Page # 2 DECLARATION OF RESTRICTIONS KNOW ALL BY THESE PRESENTS that the undersigned, Owner(s) of the following described property (the "Property"), lying,being situated in the City of South Miami, Dade County,Florida, to-wit: The North 115.00 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 less the east 149.00 feet and the east 137.00 feet of the North 150.00 feet of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade County, Florida, subject to a dedication of the North 25 feet for road purposes. IN ORDER TO ASSURE the City of South Miami, Florida, that the representations made to them by the Owner during consideration of a special use permit, the property will be abided by the Owner,freely,voluntarily and without duress makes the following Declaration of Restrictions covering and running with the property: (1) That said property shall be developed substantially in accordance with the spirit and intent of the plans previously submitted,prepared by Consulting Engineering and Science, INC., dated the 15 day of APRIL , 1994, said plan being on file with the City of South Miami Building and Zoning Department, and by reference made a part of this agreement. (2) The Property Owner(s) must comply with the architectural and landscaping plans offered as part of this covenant. (3) Perpetual maintenance of landscaping as shown on the landscaping plans submitted with this Declaration of Restrictions must be maintained by the Owner(s). Inspection. As further part of this agreement it is hereby understood and agreed that any official inspector of the City of South Miami Building and Zoning an d Community Development Department, or its agents duly authorized, may have the privilege at any time to enter and inspect the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. The Declaration on the part of the Owner shall constitute a covenant running with the land and will be recorded in the public records of Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date of this Declaration is recorded after which time it shall be extended automatically for Declaration of Restrictions Page Two successive periods of ten years each, unless an instrument signed by the majority of the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of South Miami. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner or a majority of the owners of all of the Property provided that the same is also approved by the Director of the Building and Zoning Department of the City of South Miami. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of South Miami Building and Zoning Department, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. Authorization for Building and Zoning Department to Withhold Permits and Inspections. In the event payments or improvements are not made in accordance with the terms of this declaration, in addition to any other remedies available, the City of South Miami Building and Zoning Department is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. Election of Remedies. All rights, remedies granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspections and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and the spirit of this Declaration. i DECLARATION OF RESTRICTIONS PAGE THREE Severability. Invalidation of any one of these covenants, by judgement or Court, in no way shall affectt any of the other provisions which shall remain in full force and effect. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost of the Owner following the approval of the Application by the Director of the City of South Miami Building and Zoning Department. IN WITNESS WHEREOF, the party agrees to abide by all terms and accepts the Declaration of Restrictions to the date and year first written above. PROPERTY OWNER Witness: 6210 S.W. 70 Street Witness: HEALTHSOUTH CORPORATION City of South Miami Director of Building and Zoning and Community Development Dean L. Mimms, AICP CAWPW0FX 0RMSVMALTHSO.COV 1 Vice-Mayor Young applauded the Mayor's position and moved to K:..-. 2 amend the ordinance to include property on S. W. 62nd Avenue (i. e. = 3 Melton) which property could be subdivided to two small lots which €s 4 would be conforming with the neighborhood. Commissioner Cunningham 5 seconded the motion for discussion. 6 7 Commissioner Cooper stated support for the variance and for an 8 administrative variance of up to 10% reduction in lot size, but 9 questioned whether or not the Commission could consider a second 10 property at this time. City. Attorney explained that to add the 11 second property would be a substantive change in the resolution. 12 Additionally, it would change what ' had been advertised for the 13 public hearing and the second property should be considered 14 separately. 15 16 Commissioner Bass stated her opinion that the curvature of the 17 road does make a hardship and she will support the variance. 18 19 Motion on amendment (to add a second property) failed 1/4 : 20 Vice-Mayor Young, yea; Mayor Carver, nay; Commissioner Bass, nay; 21 Commissioner Cooper, nay; Commissioner Cunningham, nay. 22 23 Motion on resolution passed 5/0: Mayor Carver, yea; Vice-Mayor 24 Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; 25 Commissioner Cunningham, yea. 26 27 #10) out of sequence 28 29 RESOLUTION NO. 15-95-9564 30 31 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 32 SOUTH MIAMI, FLORIDA, GRANTING A SPECIAL PARKING PERMIT 33 PURSUANT TO SECTION 20-4 . 4 (F) (2) (a) OF THE LAND DEVELOPMENT 34 CODE TO ALLOW AN OFF-SITE PARKING LOT TO BE LOCATED ON 35 PROPERTY IN THE RO (RESIDENTIAL OFFICE) DISTRICT AND 36 SPECIFICALLY LOCATED AT 7000 S.W. 62ND AVENUE, SOUTH MIAMI, 37 FLORIDA, 33143 , AND PROVIDING A LEGAL DESCRIPTION. 38 -39 Motion by Vice-Mayor Young, seconded by Commissioner 40 Cunningham, that the resolution be adopted and assigned the next 41 number by the City Clerk (refer to page 6) . 42 43 Mayor Carver deemed public hearing in session. 44 45 1) Mr. Jeff Lane, representing Healthsouth, Inc, stated that most 46 of the substantive issues had been addressed at the Planning Board, 47 but he will be happy to respond to any other questions or issues 48 that the Commission may have. 49 50 2) Mr. David Landau, 6926 S. W. 62nd Court, stated his support 51 for the resolution if the resolution incorporates no overnight or 52 nighttime parking- 8 1 Mr. Lane responded that he has no objection to adding a 2 condition to the resolution that the parking will be from 7 : 00 A.M. 3 until 9 : 00 P.M. , Monday through Friday. There may be one or two 4 cars on Saturday from those who are working over the weekend, and 5 almost never a car on Sunday. 6 7 No one else wished to speak and the public hearing was deemed 8 closed. 9 10 Discussion was held with regard to inspection and enforcement 11 and any signage that may be necessary. Vice-Mayor .Young said that 12 those in the area may not wish a sign as it is one more piece of 13 metal; Commissioner Cooper concurred. Mr. Lane responded that 14 there will be a gate and someone will be on the premises until 9 : 30 15 P.M. 16 17 Mayor Carver questioned the height of the landscaped buffer. 18 Building, Zoning & Commu)1ity Development Director stated Staff if 19 comfortable with a 5' 6gh)buffer; there will also be 2 ' of hedge 20 on the outside of the c'ing. There will be sod between the hedge 21 and the pavement. Trees that are there will be saved; new trees to 22 be planted will be 10 - 12 feet tall and there will not be egress 23 or ingress into the residential area. 24 25 26 Moved by Commissioner Bass, seconded by Commissioner Cooper, 27 to amend the resolution be adding a subsection (8) , in Section 1. 28 on page 2 : 29 30 to (8) The hours of operation of the parking garage are limited 31 to 7 : 00 A.M. until 9 : 00 P.M. The applicant shall take 32 appropriate action to assure compliance with this 33 condition" . 34 35 There would then be an amendment to paragraph 3 of the 36 Declaration of Restrictions under "Inspection" , end of third line 37 eliminate: 38 -39 "At any time during normal working hours" . 40 41 This will allow Code Enforcement Officers to inspect at any 42 time. 43 44 Motion on amendment passed 5/0 : Mayor Carver, yea; Vice-Mayor 45 Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; 46 Commissioner Cunningham, yea. 47 48 Motion on resolution, as a whole, passed 5/0 : Mayor Carver, 49 yea; Vice-Mayor Young, yea; Commissioner Bass, yea; Commissioner 50 Cooper, yea; Commissioner Cunningham, yea. 51 9 CITY OF SOUTH MIAMI ® INTER-OFFICE MEMORANDUM To: Mayor & City Commission Date: January 13, 1995 From: Eddie Cox Re: 01/17/95 City Commission Agenda City Manager Item # : HEALTHSOUTH Pkg Lot Background: The applicant desires to improve a vacant parcel located adjacent to 7000 S.W. 62 Avenue (an existing office building and parking garage). The applicant desires to construct a parking lot for the employees of the offices in the 7000 building. The subject property at 6210 S.W. 70 Street is vacant due to destruction by Hurricane Andrew of the day care center previously on this site. The applicant has taken various measures to provide for the screening, buffering and landscaping of the property to decrease any disturbance to adjacent residents that the project might cause. The BZCD staff memoranda detail these provisions and set forth the basis for a recommendation of approval. Planning Board recommended approval with five specific conditions (see below). The Resolution presented to the City Commission includes these five conditions and two additional conditions which require recording of the official agreements approved by this action. Recommendation: Approval, subject to conditions. 1. Advantage to City: Improves the use of currently vacant land. 2. Disadvantage to City: No disadvantage is foreseeable. 3. This Resolution is pursuant to § 20-4.4 (17)(2)(a), § 20-3.4 (13)(15) and § 20-3.6 (0) of the Land Development Code. 4. The Planning Board voted 6-0 to recommend approval with the following conditions: (1) That every effort be made to provide irrigation and to utilize porous asphalt; (2) That the chain-link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; (3) That any extremely hazardous parking spaces be either re-configured or eliminated upon final approval; (4) That the chain-link fence be vinyl coated, black in color; and, (5) That the said fence be limited to four feet in height. 5. BZCD staff recommended approval as set forth in the attached memoranda. 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA GRANTING A.SPECIAL PARKING 4 PERMIT PURSUANT TO SECTION 20-4.4 (17)(2)(a) OF THE LAND 5 DEVELOPMENT CODE TO ALLOW AN OFF-SITE PARKING LOT TO 6 BE LOCATED ON PROPERTY IN THE RO (RESIDENTIAL OFFICE) 7 DISTRICT, AND SPECIFICALLY LOCATED AT 7000 S.W. 62 AVENUE, 8 SOUTH MIAMI, FL, 33143, AND PROVIDING A LEGAL DESCRIPTION. 9 WHEREAS, HealthSouth Corporation made application for a Special Parking Permit 10 to allow an off-site parking lot to be located on property in the RO (Residential Office) 11 district, as provided for under Section 20-4.4 (F)(2)(a) of the Land Development Code. 12 WHEREAS, the property is located at 6210 S.W. 70 Street, South Miami, Florida, 13 33143, and is legally described as follows: 14 The North 115.00 feet of the East '/2 of the Southeast '/a of the Southeast '/a of the Southwest 15 '/a less the East 149.00 feet and the East 137.00 feet of the North 150.00 feet of the West '/2 16 of the Southeast '/a of the Southeast '/a of the Southwest 1/a, less the West 54.00 feet of the 17 North 88.00 feet all lying and being in Section 25, Township 54 South; Range 40 East, Dade 18 County, Florida, subject to a dedication of the North 25 feet for road purposes; and, 19 WHEREAS, upon approval this property is considered to be part of the property 20 located at 7000 S.W. 62 Avenue via recorded unity of title; and, 21 WHEREAS, the Building, Zoning & Community Development Department staff 22 recommend approval of the application upon evaluating the application for (a) consistency 23 with the Comprehensive Plan and (b) compliance with the requirements contained in Sections 24 20-4.4 (17)(2)(a), 20-3.4 (13)(15) and 20-3.6 (0) of the Land Development Code; and, 25 WHEREAS, on December 13, 1994, the Planning Board voted to recommend 26 approval of the application (6-0) with the following conditions: 27 (1) That every effort be made to provide irrigation and to utilize porous asphalt; 28 (2) That the chain-link fence be erected two feet behind the property line, to 29 include the planting of shrubbery on the outside edge of the fence; 30 (3) That any extremely hazardous parking spaces be either re-configured or 31 eliminated upon final approval; 32 (4) That the chain-link fence be vinyl coated, black in color; 33 (5) That the said fence be limited to four feet in height; and, 34 WHEREAS, the Mayor and City Commission accept the recommendation of the 35 Planning Board. HealthSouth Parking Permit Resolution Page # 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 SECTION 1. The application by HealthSouth Corporation for a Special Parking Permit to 4 allow an off-site parking lot to be located on property in the RO (Residential Office) district, 5 as provided for under § 20-4.4 (F)(2)(a) of the Land Development Code is hereby granted 6 with the following conditions: 7 (1) That every effort be made to provide irrigation and to utilize porous asphalt; 8 (2) That the chain-link fence be erected two feet behind the property line, to 9 include the planting of shrubbery on the outside edge of the fence; 10 (3) That any extremely hazardous parking spaces be either re-configured or 11 eliminated upon final approval; 12 (4) That the chain-link fence be vinyl coated, black in color; 13 (5) That the said fence be limited to four feet in height; 14 (6) That the applicant record a unity of title in the public records of Dade County 15 to join this property with the property located at 7000 S.W. 62 Avenue; and, 16 (7) That the applicant record a signed copy of the "Declarations of Restrictions" 17 prepared by BZCD staff (EXHIBIT A) in the public records of Dade County. 18 PASSED AND ADOPTED THIS lr DAY OF JANUARY, 1995. 19 20 Neil Carver, Mayor 21 ATTEST: 22 23 Rosemary J. Wascura, City Clerk 24 READ AND APPROVED AS.TO FORM: 25 26 Earl G. Gallop, City Attorney c:\planning\report.018 HealthSouth Parking Permit Resolution Page # 2 EXHIBIT A DECLARATION OF RESTRICTIONS KNOW ALL BY THESE PRESENTS that the undersigned, Owner(s) of the following described property (the 'Property"), lying,being situated in the City of South Miami,Dade County,Florida, to-wit: The North 115.00 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 less the east 149.00 feet and the east 137.00 feet of the North 150.00 feet of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade County, Florida, subject to a dedication of the North 25 feet for road purposes. IN ORDER TO ASSURE the City of South Miami, Florida, that the representations made to them by the Owner during consideration of a special use permit, the property will be abided by the Owner,freely,voluntarily and without duress makes the following Declaration of Restrictions covering and running with the property: (1) That said property shall be developed substantially in accordance with the spirit and intent of the plans previously submitted,prepared by Consulting Engineering and Science, INC., dated the 15 day of APRIL , 1994, said plan being on file with the City of South Miami Building and Zoning Department, and by reference made a part of this agreement. (2) The Property Owner(s) must comply with the architectural and landscaping plans offered as part of this covenant. (3) Perpetual maintenance of landscaping as shown on the landscaping plans submitted with this Declaration of Restrictions must be maintained by the Owner(s). Inspection. As further part of this agreement it is hereby understood and agreed that any official inspector of the City of South Miami Building and Zoning and Community Development Department, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. The Declaration on the part of the Owner shall constitute a covenant running with the land and will be recorded in the public records of Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date of this Declaration is recorded after which time it shall be extended automatically for Declaration of Restrictions Page Two successive periods of ten years each, unless an instrument signed by the majority of the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of South Miami. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner or a majority of the owners of all of the Property provided that the same is also approved by the Director of the Building and Zoning Department of the City of South Miami. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of South Miami Building and Zoning Department, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. Authorization for Building and Zoning Department to Withhold Permits and Inspections. In the event payments or improvements are not made in accordance with the terms of this declaration, in addition to any other remedies available, the City of South Miami Building and Zoning Department is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. Election of Remedies. All rights, remedies granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspections and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and the spirit of this Declaration. Declaration of Restrictions Page Three Severability. Invalidation of any one of these covenants, by judgement or Court, in no way shall affect any of the other provisions which shall remain in full force and effect. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost of the Owner following the approval of the Application by the Director of the City of South Miami Building and Zoning Department. IN WITNESS WHEREOF, the party agrees to abide by all terms and accepts the Declaration of Restrictions to the date and year first written above. PROPERTY OWNER Witness: 6210 S.W. 70 Street Witness: HEALTHSOUTH CORPORATION City of South Miami Director of Building and Zoning and Community Development Dean L. Mimms, AICP C:W0RMS\HEALT1fS0.00V = CITY OF SOUTH MIAMI ® INTER-OFFICE MEMORANDUM To: Dean Minims, AICP Date: December 9, 1994 Director of BZCD Dept From: Bill Mackey Re: PB-94-018: HEALTHSOUTH Planner j� Special Parking Permit for RO REQUEST: Applicant: HEALTHSOUTH CORPORATION Request: Application for Special Parking Permit to allow an off-site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20-4.4 (17)(2)(a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami, Florida 33143 (A commercial property). BACKGROUND & ANALYSIS: The applicant originally applied under Section 20-3.4 (B)(15) [Attachment 11 for approval of a Special Use Permit (See attached memorandum by Brian T. Soitz). The item was deferred at the September 27, 1994 Planning Board Meeting due to the lack of a completed submission by the applicant at that time. On September 27, 1994, the Planning Board did review an item to amend the parking provisions of the Land Development Code. On November 1, 1994, the City Commission adopted these amendments, creating alternate approval avenues for parking in the City. One of these is contained in the revised provisions of Section 20-4.4 (17)(2)(a) [Attachment 21 which requires a special use proceeding in order for off-site parking to be approved on RO zoned properties. The applicant's original submission is satisfactory to meet with the previous requirements under Section 20-3.4 (B)(15) with the following provisos: 1. That the term "residential" in the first paragraph of sub-section (15) refers to single-family residential only; 2. That sub-section (15)(c) is not applicable to existing structures; and, 3. That a second-level is not required to be built under these provisions, despite the use of the term "parking structure" within the provisions. The Planning Board may vote to recommend the approval of this application by the City Commission on the basis that the Planning Board does find that the application does meet the requirements of Section 20-3.4 (13)(15)(a) through (k). In addition, the Land Development Code contains provisions for all RO zoned properties which are contained under Section 20-3.6 (0) [Attachment 31. The applicant's original submission is satisfactory to meet with the previous requirements under Section 20-3.6 (0) with the following provisos: 1. That the dedicated right-of-way of 50 feet suffices to relieve the applicant of the requirements set forth in sub-section (1); 2. That the term "wall" in sub-section (3) [underlined in Attachment 31 does specifically refer to solid walls, that this provision does not provide a four foot height limit for chain link fences, and that, therefore, such height limit is not applicable to this application (which contains a six-foot high fence); and, 3. That Quercus virginiana is on the Commission approved City Tree List [Attachment 4] and is therefore a valid tree species substitution, as provided for in the second footnote under sub-section (5). The Planning Board may vote to recommend the approval of this application by the City Commission on the basis that the Planning Board does find that the application does meet the requirements of Section 20-3.6 (0)(1) through (5). As a result of the adoption of the revised Section 20-4.4 (F)(2)(a), advertising for this item was changed to include the application under this revised portion of the Land Development Code, in order to avoid conflicts as to the applicability and supersedence of the newly adopted legislation. Staff is confident that: 1. The application is advertised properly; 2. The application may be approved under Section 20-4.4 (F)(2)(a); and, 3. The application does comply with Sections 20-3.4 (B)(15) and Section 3.6 (0). RECOMMENDATION: Staff recommends that the Planning Board vote to recommend approval of this application under the provisions set forth in Section 20-4.4 (F)(2)(a). COMPREHENSIVE PLAN: The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. APPLICABLE REGULATIONS: Section 20-4.4 (F)(2)(a), Section 20-3.4 (B)(15) & Section 20-3.6 (0) of the Land Development Code. ATTACHMENT 1: Section 20-3.4 (B)(15) (15) PARKING STRUCTURE IN RO DISTRICTS'. Parking structures in RO Districts are permitted provided that parking is not more than two levels on RO property where an RO property abuts a MO property and where the RO property is to be used solely to provide off-street parking to serve a building or a portion of a building to be constructed solely on the MO property, and when RO property will not abut residential property subject to the following conditions: (a) a unity of title linking the RO and MO properties shall be provided; (b) no main building shall be constructed on the RO property; (c) the square footage of the building(s) to be constructed on the MO property shall not exceed what is permitted by the zoning regulations to be constructed on the MO property; (d) the finished floor elevation of the second level of parking shall be no higher than four (4) feet six (6) inches above grade; (e) the second parking level shall conform to all setback requirements of the RO district except that it shall be permitted at five (5) foot interior side setback; (f) the second parking level shall meet all the requirements of Section 20-4.5, Vehicular Use Area Landscaping, as if it were at grade parking, including, but not limited to, required landscape islands; (g) the ingress and egress to the RO property shall be solely from the MO property and shall not be permitted from right-of- way(s) abutting the RO property and shall not create adverse traffic conditions; (h) the second parking level shall be designed, landscaped and screened from view, to the maximum extent possible; (i) the proposed plans shall be subject to complete review, approval, modification or denial by the Environmental Review and Preservation Board pursuant to Section 20-6 (C) to ensure the preservation of the residential character of the RO property, and the overall integrity of the development; (j) a Declaration of Restrictive Covenants providing for substantial compliance with the architectural and landscaping plans offered as part of the application and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan, shall be submitted as part of the application and review of the City Attorney and of the City Commission. The Declaration of Restrictive Covenants shall be recorded in the Public Records of Dade County, at the owner's expense, immediately following any approval of the application; (k) a Public Hearing by the City Commission shall be held to determine the overall compatibility of the proposed use with the neighborhood. The application for a Special Use Permit, as provided herein, shall only be granted if the City Commission affirmatively finds, in its discretion, that the application meets the criteria (a) through (j) listed above and further affirmatively finds that the application preserves and enhances, to the maximum extent possible, based upon the merits of the landscaping and architectural plans submitted, the residential character of the RO property as it relates to the surrounding neighborhood. In the making of the above finding, the City Commission may consider, among other evidence presented; the testimony of affected neighboring property owners. ATTACHMENT 2: Section 20-4.4 (F)(2)(a) (2) Spaces Located Off-Site (a) Off-site parking spaces shall not be permitted in R&,-R-T, RM. and RO, LQ- MO NR SR G t—i. H PR and PI districts with Provision that if off-street parking is adi ed VLQ roes and/or RO zoned Properties_ -,necial use process would be =licable for aPPrQYz1. (b) e- -isan4nerease-i&4he-nu o€-spw-es- a cle -eollec el -�e•nse"r-es hments; [RleNired off-street parking spaces may be located and maintained up to 600 feet from a residential institutional served and un to 1.000 feet three-Im dFed-(30%-few from (�� uw v !� �* an non - institutional and non-residential use served + and- L � Ems}•feet--€Fenn aaotl $onFes}des -$ad use-ser ed: (c) Off-site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist ender a unity of title insuring that the reauired P�rii' g will be pr i _ or held-undue a-1ease-witlheFgaioing Wriwi3ftwefKy f 20)- -eP-mffe;-and efwhie 4he4essee4s- #he-evvneF o€-ttte --. �s�aitheF�ase7 as a condition of the issuance of the building permit for the principal use, the owner of the off-site parking shall record a covenant in form and substance satisfactory to the City Attorney and City Commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time such off-site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, Certificate of Use and Occupancy for the principal use shall be subject to revocation by the City Manager Gemmissien, after notice and hearing. ATTACHMENT 3: Section 20-3.6 (0) (0) RO RestL-ctions2l (1) In addition to all other requirements, a continuous visual buffer shall be provided whenever an RO use abuts or faces directly (within 50 feet) a property zoned for single family residential purposes. To accomplish this, the normally required perimeter landscaped buffer shall be increased from five (5) to eight (8) feet in width and trees from Table 20- 3.6 (0)(5) shall be planted according to the spacing listed. These trees shall be a minimum of 10 - 12 feet tall immediately after- planting. (2) No structure shall be constructed or altered to produce a store front, display window, or any other feature that would detract from residential character except that, in areas where RO zoned property abuts the MetroRail right-of-way, it shall be left to the discretion of the Environmental. Review and Preservation Board as to whether strict compliance shall be necessary on that side abutting the MetroRail right-of-way, providing that all other sides are residential in character. (3) A decorative wall or fence of masonry, reinforced concrete, precast concrete, chain link, wood, or other like material that will be compatible with the main structure, five (5) feet in height shall be erected along all interior property lines, including the rear property line; provided, however, that in the event that the rear property line abuts a secondary road, said wall shall be set in ten (10) feet from the official right-of-way of the secondary road, and said ten (10) feet shall be landscaped; provided, further, in the event that the interior side property line abuts the same or more liberal zoning district, the requirement for the wall along said common interior property line shall not apply. Walls within or extending into the required 25 foot front setback area shall be no more than four (4) feet in height. Further, individual buildings shall not be connected by fences, walls, breezeways or any other structures which make the building appear to have a single facade more than eighty (80) feet. in width, provided that buildings may be connected by a breezeway at the first level only of no more than eight (8) feet in width. (4) No accessory buildings, or storage of supplies, heavy equipment, or large vehicles shall be permitted anywhere on the lot. In addition, air conditioning equipment may not be placed in the required front setback area. (5) TABLE 20-3.6 (0) (5) Tree Species* and Required Spacing for Continuous Visual Buffer Recru'red Spacing Aralia (Polyscias balforiana) 3' Beauty Leaf (Callophyllum antillianum) 10' Buttonwood (Conocarpus erectus) 5' Carrotwood (Cupaniopsis spp. ) 10' Madagascar Olive (Noronhia emarginata) 101, Pink Trumpet Tree (Tabebuia pallida) 10' Spicewood (.Calyptranthes pallen) 10, Vitex (Vitex gnus castus) 10' Wax Myrtle (Myrica cerifera) 10, Yew (Podocarpus spp. ) 10' * cr substitute to be approved by the Envlrormentai eerier Beard. * Or substitution to be lade Eros Cossimmion approved tram list sudltted by the Tres Cssslttes. ATTACHMENT 4: City Tree List (excerpt) CITY OF SOUTH MIAMI TREE LIST page 2 Large Native Trees (more than 30' overall) Ecosystem: Pineiand or Hammock Botanical Name Common Name Max. Size Rate Bumeiia salicifolia med.* Willow Bustic 40' x 20' M Bursera simaruba * Gunbo Limbo 50' x 40' F Canella winterana med. Wild Cinnamon 40' x 30' S Chrysophylum oliviforme med.* Satinleaf 40' x 20' M Conocarpus erectus* Green Buttonwood 60' x 40' F Cocoloba uvifera * Seagrape 40' x 30 M Cocoloba diversifolia * Pigeon Plum 40' x 20' M Cordia Sebestena med. * Orange Geiger 40' x 30' S Clusia rosea med. Signature Tree 50' x 50' M Exothea paniculata Inkwood 40' x 30' M Ficus citrifolia Short Leaf Fig 50' x 40' F Guapira longifolia med. Blolly 40' x 30' M Ilex cassine med. * Dahoon Holly 40' x 20' M Licaria Triandra med. Gulf Licaria 40' x 30' M Matichodendron foetidissium Mastic 80' x 60' F Pinus eliottii "Densa" Parks Dade County Pine 80' x 40' M Piscidia piscipula # Jamaca Dogwood 40' x 30' F Lysiloma latisiliqua *# Wild Tamarind 60' x 40 F INWuercus virginiana * Live Oak 80' x 80' S Simarouba glauca * Paradise Tree 60' x 40' F Swietenia mahogoni * Mahogony Tree 60' x 40' M Ecosystem: Wetland of edge of fresh water body Red Maple 80' x 40' F Ficus citrifolia Short Leaf Fig 50' x 40' F Ficus aurea Strangler Fig 80' x 80' F Fraxinus caroliniana Pop Ash 60' x 40' F Ilex cassine * Dahoon Holly 40' x 20' M Magnolia virginiana Sweet Bay 40' x 20' M Paurotis wightii * Paurotis Palm 40' x 20' M Bald Cypress 90' x 40' M Sabal palmetto * Sabal Palm 60' x 12' M Roystonea regia * Royal Palm 90' x 20' M Medium & Small Native Trees (less than 30' overall) Acacia farneseana Sweet Acacia 20' x 20' F Ateramnus lucidus Crabwood 20' x 10' M Calyptranthes pallens Spicewood 20' x 10' M Calyptranthes zuzygium Myrtle-of-the-River 20' x 10' M Capparis cynoph allophora Jamaca Caper 20' x 10' M Conocarpus erectus "sericeous' Silver Buttonwood 25' x 20' M Eugenia axillaris White Stopper 20' x 10' M Eugenia confusa Red Stopper 25' x 15' S Eugenia foetida Spanish Stopper 20' x 10' M Juniperus silicicola Southern Red Cedar 25' x 20' M Guaiacum sanctum Lignum Vitae 15' x 10' M Krugiodendron ferreum Black Ironwood 25' x 15' M Myrica cerifera Wax Myrtle 20' x 15' M Myrcianthes fragrans Simpson Stopper 20' x 10' M Myrsine floridana Myrsine 20' x 10' M Picramnia pentandra Bitterbush 15' x 10' M Pithecellobium guadalupense Blackhead 20' x 15' M Coraiia boissieri Texas Wild Olive M Capparis cynophalophora Jamaican Caper M CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Dean Mimms, AICP Date: October 4, 1994 Director of Building, Zoning & Community Development Dept From: Brian Soltz Re: HEALTHSOUTH Corporation Planning Tec caan Special Use Permit This memorandum concerns HEALTHSOUTH Corporations request for a special use permit. HEALTHSOUTH is located at 7000 S.W. 62 Avenue. HEALTHSOUTH is requesting a special use permit to build a parking lot adjacent to their existing office building. The subject property is zoned "RO" Residential Office and the existing office building is zoned "MO" Medium- Intensity Office. The subject property is presently vacant and the applicant believes that the proposed use will enhance the area. A Special Use Permit allows the city to determine whether or not a certain use is compatible with the surrounding uses. Parking lots are permitted in the "RO" Residential Office district with the following conditions: 1) The property is to be used solely to provide off street parking to serve a building or a portion of a building to be constructed solely on the "MO" property. 2) A unity of title linking the "RO" and the "MO" properties should be provided. 3) No main building shall be constructed on the "RO" property. 4) The ingress and egress to. the "RO" property shall be solely from the "MO" property and shall not be permitted from right-of-way(s) abutting the "RO" property and shall not create adverse traffic conditions. 5) The proposed plans shall be subject to complete review, approval, modification or denial by the Environmental Review and Preservation Board pursuant to Section 20-6 (C) to ensure the preservation of the residential character of the RO property, and the overall integrity of the development. 6) A Declaration of Restrictive Covenants providing for substantial compliance with the architectural and landscaping plans offered as part of the application and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan, shall be submitted as part of the application and review of the City Attorney and of the City Commission. The Declaration of Restrictive Covenants shall be recorded in the Public Records of Dade County, at the owner's expense, immediately following any approval of the application. 7) A Public Hearing by the City Commission shall be held to determine the overall compatibility of the proposed use with the neighborhood. The application for a Special Use Permit, as provided herein, shall only be granted if the City Commission affirmatively finds, in its discretion, that the application meets the criteria listed above and further affirmatively finds that the application preserves and enhances, to the maximum extent possible, based upon the merits of the landscaping and architectural plans submitted, the residential character of the RO property as it relates to the surrounding neighborhood. In the making of the above finding, the City Commission may consider, among other evidence presented, the testimony of affected neighboring property owners. The following are supplemental regulations (Section 20-3.6 (0))specifically for the "RO" Residential Office district that relate specifically to the proposed use: 1) In addition to all other requirements, a continuous visual buffer shall be provided whenever an RO use abuts or faces directly (within 50 feet) a property zoned for single-family residential purposes. To accomplish this, the normally required perimeter landscaped buffer shall be increased from five (5) to eight (8) feet in width and trees from Table 20-3.6 (0)(5) shall be planted according to the spacing listed. These trees shall be a minimum of 10 - 12 feet tall immediately after planting. 2) A decorative wall or fence of masonry, reinforced concrete, precast concrete, chain link, wood, or other like material that will be compatible with the main structure, five (5) feet in height shall be erected along all interior property lines, including the rear property line; provided, however, that in the event that the rear property line abuts a secondary road, said wall shall be set in ten (10) feet from the official right-of-way of the secondary road, and said ten (10) feet shall be landscaped; provided, further, in the event that the interior side property line abuts the same or more liberal zoning district, the requirement for the wall along said common interior property line shall not apply. Walls within or extending into the required 25 foot front setback area shall be no more than four (4) feet in height. Further, individual buildings shall not be connected by fences, walls, breezeways or any other structures which make the building appear to have a single facade more than eighty (80) feet in width, provided that buildings may be connected by a breezeway at the first level only of no more than eight (8) feet in width. The applicant claims that the property is presently being used in a hazardous fashion. Staff has observed the current practice of cars illegally parking on the vacant lot. The applicant believes that the proposed parking lot will provide a safer and a more residential like use. The owner HEALTHSOUTH Corp. does own both the "RO" and the "MO" properties and has provided a unity of title linking the two properties together. The applicants site plan does show that there will be no ingress or egress from the "RO" property to the adjacent right-of-way. The applicant has enclosed a covenant providing for substantial compliance with the architectural and landscaping plans offered and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan. However the landscaping plan does not provide a continuous 8 foot landscaping buffer for the "RO" property on the side facing the single-family residential district as called for in Section 20-3.6 (0) (1) of the Land Development Code. But does meet all landscaping height regulations set forth in the Land Development Code. The applicant has also proposed a chain link fence as required in Section 20 - 3.6 (0) (3). The staff does believe that the proposed application meets the regulations of the Land Development Code and would recommend the following conditions of approval: 1) The applicant must have a 8 foot landscaping buffer on the 70 Street property line side. 2) In regards to the applicants proposal of a fence surrounding the "RO" property. Staff would recommend that the fence be located within the shrub border and the green vinyl coated type chain link fence be used. This would add security to the parking lot with out disturbing the visual aspect of the area. 3) The applicant must place sod within the 25 foot dedication area. Staff believes that with the applicants proposal and the staff recommendations the proposed use will be compatible with the surrounding neighborhood. The parking lot will provide the necessary parking so that the residents will not have to deal with people illegal parking on their lawns and on the presently vacant lot. The proposed use is compatible with the Comprehensive Plan and the Land Development Code. Staff also believes that a highly landscaped parking lot will provide the necessary buffer between the office district and the "RS-3" Low-Density Residential neighborhood. cc: Bill Mackey, Planner Attachments HEo4LTH o nY Corporation" TO: City of South Miami FROM: HEALTHSOUTH Corporation DATE: September 2, 1994 REFt Special Use Permi - Letter of Intent. HEALTHSOUTH Corporation is making applicatioq for a special use of land, zoned R Of for parking adjacent to our M O zoned office structure. The land is currently vacant as the structure on it was destroyed by hurricane Andrew .1n 1992. The use of the land in a properly constructed parking lot (structure) will enhance the area and provide control on property which is currently being used in a hazardous fashion despite attempts by owner to discourage such use. The improved property will have an immediate and positive impact on the neighborhood. It will change from an un$ightly, unorganized, hap-hazard environment- to a well designed,' well secured, well landscaped property, utilized only during office operation by tenants or visitors to the building proper. , The current rash of burglaries and car theft should be quickly eliminated. HEALTHSOUTH CORPORATION t 7000 S.W. 62nd Avenue, Suite 405 • South Miami, FL 33143 • (30,5) 666-6650 Fax (305) 669-1396 APPLICATION F PUBLIC HEARING BEFORE P7 MING BOARD Applicant: HEALTHSOUTH CORPORATION Phone: (205) 969-4739 Property Owner: HEALTHSOUTH CORP. Signature: vie_ Address: Two Perimeter Park South Birmingham, AL 35243 phone td er• (205 ) 969-4739 Represented By: L. Jeffrey Lane Organization: Weissenhorn Enterpr. Address:7000 S.W. 62nd Ave, Miami, FL Phone: (305 ) 665-9880 Architect/Engineer: Concreting Enginee nt5hone: (305) 378-5555 Owner _JL Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s) Block Subdivision PB - Metes and Bounds: Township 54 So, Section 2s Range 40 East APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance _ X Special Use Rezoning Text Amendment to LDC Text Amendment to Comp Plan PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: To use R O zoning for parking. SECTION: 20-3 . 4 SUBSECTION: 15 PAGE AMENDED DATE: 1i -r,-91 SUBMITTED MATERIALS x Letter of intent Statement of hardship Reasons for change: from owner/tenant inherent in the land list justifications Proof of ownership Power of attorney Contract to purchase 'y survey 7 copies of Site Plan X Required fee(s) for within 3 years 1 reduced @ 8 .5" x 11" cost of advertising The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's knowled a and belief. , � '.� -- Date applicant's Signature and title P r W P jc ' 1 � q i Ili i I I II . In tp k I S.W. 62nd COURT z I it �RR i N ljI I I I I I m Pp x I O I u O S Ij l I xEE —1 I m � N I FY I I II I I II I EXISTING OFFICE BUILDING NORICE OF PUBLIC HEABAG CITY OF SOUTH NIIANH ® Building, Zoning & Community Development Department 6130 Sunset Drive, 2°`' Floor; South Miami, Florida 33143 Phone: (305) 663-6325; Fax #: (305) 666-4591 On Tuesday, December 13, 1994, at 7:30 P.M. in the Commission Chambers the Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. On Tuesday, January 3, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of the City of South Miami will conduct a Public Hearing on the following matters. PB-94-018 Applicant: HEALTHSOUTH CORPORATION Request: Application for Special Parking Permit to allow an off-site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20-4.4 (F)(2)(a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami, Florida 33143. (A commercial property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS 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 RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATE ER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA IN OL ED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663-6325 OR BY WRITING TO THE BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. -' BE-N TICE OF PUBLIC HEAR, NG CITY OF SOUTH MIAMI Building, Zoning & Community Development Department 6130 Sunset Dave, 2"a Floor; South Miami, Florida 33143 Phone: (305) 663-6325; Fax #: (305) 666-4591 THE FOLLOWING ITEM HAS BEEN RESCHEDULED: On Tuesday, January 17, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of the City of South Miami will conduct a Public Hearing on the following matter. PB-94-018 Applicant: HEALTHSOUTH CORPORATION Request: Application for Special Parking Permit to allow an off-site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20-4.4 (F)(2)(a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami, Florida 33143. (A commercial property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS 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 RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663-6325 OR BY WRITING TO THE BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. e w .. ., ,. 1 1 1 • 1 • N � t +�w Ic • 'n . \ i ' 1 . �NnNtur I u w •i /t .• i J ♦ �/ ♦ ♦ • 11 !•f 1 I 1 1 6AAOJM r 1 u A J% w �vr� v,1 • •• , . . . •• •IAl'f/ • n•C ' ! I IIW I.Af cw • f ZI t , r I7 w 1 l v n t t 1 nAC l e. rr i I J j f, %rl ^ ;� /, . I , J I AAJNAI{ l Iw.i.,•.j..„1 • ! I . t • " f 1 ,. J •. h 1 , /IAA r 0 f M 7 1 • I .•,1 7 •t I 1 1 r � `t ,i � ♦ 1 C • . 11 n • J•Acs r ,,.rNterr r•Aee c t \' 1 l I I 1 r N / / I• r 0,1411 I{{I IA.•OJNJ NO ♦ ! `1 ,w �.. . >r 1l 1 PAO I ''� It ~ r , I • ♦ I ~ • I wwwraserr IAAOINJ 1 •I I•!�}1}•Ir•►1• � J, � • V T , IAAt1 ♦ IIACI • •• , . ..r •••.• , 1 1 Q ' 1 � 1 + r 1 1 , I� J e• • .I , •r I.O+ .. •�..}• J 2 M'R•aM'r •h r r . • � � � •sue v it t v r `yI it TIP r r • 1 , t , J� 1 • e y � � .1 Iv r " � l r .. •t . • ., •• i . u w ♦ 1 r j u � ` ' • '1r , A N I 11 I '\• • • 1• If .� _ 1 � :, is• 1, 1.'•,I., e:. 4� •,, '• '� '` —,. ,, 5N '47, c . w �0' 1• AN114,I 1 .• I•� 17 r . I I, I oP9 �,••• ,r , APPLICANT: HoC-A4..r HSoar / CAP. OWNER: SAM _ ASP REFERENCE: �. 9'a Dtr _ ;s 7oo(;> Avemv-& COMMENTS : S-a l 4>~ �fw»-•�,. Us a Pep.*-t,, Dste : 9`1 . . . D r n ,a-r. .Chk . . . CITY OF MUT9 MIAMI ^* PLANNING 500 RD Hearing NO. Qlgi . III . Public Hearin PB-94-018 Applicant: HEALTHSOUTH CORPORATION Request: Application for Special Parking Permit to allow an off- site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20-4 .4 (F) ( 2) (a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami , Florida 33143 . (A commercial property) Ms. Thorner read the request. Staff recommended approval of the application. Public hearing was opened. Mr. Christopher Cooke-Yarborough, architect, spoke before the Board. Mr. Cooke-Yarborough stated his concern about the close placement and compacted base of impervious asphalt to the existing trees located on the premises. He stated that it is important the City examine the adverse impact of such placement and base on the remaining trees by incorporating viable alternatives, such as pervious asphalt, into consideration of the application. He further stated his concern regarding the possible erection of a six foot chain-link fence which is out of character with the appearance of . a residential neighborhood. Mr. Jeff Lane, who signed in as the representative for HealthSouth, spoke before the Board, stating that the applicant had taken special efforts to save many of the existing trees and would consider modifying, i.e. , reducing the height of and adding additional hedges to, any chain-link fence prior to its erection on the property. Mr. Christopher Cooke-Yarborough responded by asking the applicant, in modifying plans to the fence, to consider: 1) Erecting the chain-link fence two feet behind the property line, and 2) Planting a hedge in front of the chain-link fence. Mr. David Tucker Sr. , 6556 SW 78 Terrace, asked that the applicant consider Mr. Cooke-Yarborough's suggestions regarding the erection of any chain-link fence on the subject property. Mr. Bill Mackey, City Planner, read a letter from Ms. Linda Tobin into the record, which contained four areas of primary concern regarding the parking lot: 1) The impact upon property values in surrounding neighborhoods; 2) The impact upon the quality of life in surrounding neighborhoods; 3) The physical "look" and operating hours; 4) The consideration of citizens' rights and concerns in surrounding areas. PB Min 12/13/94 1 Public hearing was closed and executive session was convened. Mr. Basu stated the Board's concern that trees on the property be saved. Mr. Lane responded that the applicant was saving as many trees as possible. Mr. Basu further stated that irrigation of landscaping be considered and included by the applicant. Mr. Lefley inquired about the possibility of using porous asphalt for the parking lot. Mr. Lane stated that while the technology for porous asphalt exists, it is generally not utilized in the State of Florida. In response to Mr. Lefley's question regarding the placement of the fence two feet behind the property line, Mr. Lane explained that they would not object to doing so and that they would consider placing shrubbery in front of the fence, thereby enhancing the aesthetics of the property. Motion: Mr. Lefley moved to approve the application, based on the following conditions: 1) That every effort be made to provide irrigation and to utilize porous asphalt; 2) That the chain-link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; 3) That any extremely hazardous parking spaces be either re-configured or eliminated upon final , approval. Mr. Basu seconded the motion, to include two additional conditions 1) that the chain-link fence be vinyl coated, black in color, and 2) that the said fence be limited to four feet in height. Vote on motion, inclusive of five conditions: Approved: 6 Disapproved.: 0 At the close of the vote, the Board recessed for four minutes at 8: 30 PM. (Mr. Lefley returned at 8: 35. ) PB Min 12/13/94 2 CL I a.a. . n ^ i 1 ok 1 1 a 1 1 ;Z UQ v ilaz J ^ �•�6-0 � v O ° `rl� ' UAA etu 1 / QA -Q- - :a-tASL�! JQ CJIAj { � 1 �1 - mod- c � - � �--� - �• .> - -illAz - r � , ' w-9 � r 'rlC. t r . ?..r ' Iff . III Z,4 III �II �I I►i ► a � II! til 1c, W-k-'o.I-, )R6 /1-9no - I/ / 644,y -lam JI, . 89ei e;o� Ip ii• IE, _ I!� `i f ,I i .4 ir2bs t ; ►tt - }f' �.�� ��YZa (/_2'•c��C`9 G?_ :Cam• S a�-c�_.,S° I C-A4-- r�_a C�z i� r" 7 k -vJ 1-41,do-vv- rc-E-� O� kO�- 130 } sue Sc �— �GII�3/ l do )— #r t iFFF{ . .+r , rl CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Dean Mimms Date: October 5, 1994 Director of Building, Zoning & Community Development Dept From: Brian Soltz Re: 10/11/94 Planning Board Agenda Planning Technician Item #1 : HEALTHSOUTH Special Use Permit REQUEST: Applicant: HEALTHSOUTH CORPORATION Request: An application for a Special Use Permit to allow for a parking lot, on property located in the "RO" Residential Office zoned district, as provided for in Section 20 - 3.4 (B) (15) of the Land Development Code. Location: 7000 S.W. 62 Avenue BACKGROUND & ANALYSIS: See attached memorandum by Brian Soltz, Planning Technician. RECOMMENDATION: That the Plaiming Board vote to recommend approval of the proposed ordinance. COMPREHENSIVE PLAN: This application is consistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. APPLICABLE REGULATIONS: The Land Development Code: Section 20-3.3 (D) Section 20-3.4 (B) (15) Section 20-3.6 (0) Section 20-4.5 (B) (2) (b) �I CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Dean Minims, AICP Date: October 4, 1994 Director o,f Building, Zoning & Community Development Dept From: Brian Soltz Re: HEALTHSOUTH Corporation Planning Technician Special Use Permit This memorandum concerns HEALTHSOUTH Corporations request for a special use permit. HEALTHSOUTH is located at 7000 S.W. 62 Avenue. HEALTHSOUTH is requesting a special use permit to build a parking lot adjacent to their existing office building. The subject property is zoned "RO" Residential Office and the existing office building is zoned "MO" Medium- Intensity Office. The subject property is presently vacant and the applicant believes that the proposed use will enhance the area. A Special Use Permit allows the city to determine whether or not a certain use is compatible with the surrounding uses. Parking lots are permitted in the "RO" Residential Office district with the following conditions:. 1) The property is to be used solely to provide off street parking to serve a building or a portion of a building to be constructed solely on the "MO" property. 2) A unity of title linking the "RO" and the "MO" properties should be provided. 3) No main building shall be constructed on the "RO" property. 4) The ingress and egress to the "RO" property shall be solely from the "MO" property and shall not be permitted from right-of-way(s) abutting the "RO" property and shall not create adverse traffic conditions. 5) The proposed plans shall be subject to complete review, approval, modification or denial by the Environmental Review and Preservation Board pursuant to Section 20-6 (C) to ensure the preservation of the residential character of the RO property, and the overall integrity of the development. 6) A Declaration of Restrictive Covenants providing for substantial compliance with the architectural and landscaping plans offered as part of the application and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan, shall be submitted as part of the application and review of the City Attorney and of the City Commission. The Declaration of Restrictive Covenants shall be recorded in the Public Records of Dade County, at the owner's expense, immediately following any approval of the application. 7) A Public Hearing by the City Commission shall be held to determine the overall compatibility of the proposed use with the neighborhood. The application for a Special Use Permit, as provided herein, shall only be granted if the City Commission affirmatively finds, in its discretion, that the application meets the criteria listed above and further affirmatively finds that the application preserves and enhances, to the maximum extent possible, based upon the merits of the landscaping and architectural plans submitted, the residential character of the RO property as it relates to the surrounding neighborhood. In the making of the above finding, the City Commission may consider, among other evidence presented, the testimony of affected neighboring property owners. The following are supplemental regulations (Section 20-3.6 (0))specifically for the "RO" Residential Office district that relate specifically to the proposed use: 1) In addition to all other requirements, a continuous visual buffer shall be provided whenever an RO use abuts or faces directly (within 50 feet) a property zoned for single-family residential purposes. To accomplish this, the normally required perimeter landscaped buffer shall be increased from five (5) to eight (8) feet in width and trees from Table 20-3.6 (0)(5) shall be planted according to the spacing listed. These trees shall be a minimum of 10 - 12 feet tall immediately after planting. 2) A decorative wall or fence of masonry, reinforced concrete, precast concrete, chain link, wood, or other like material that will be compatible with the main structure, five (5) feet in height shall be erected along all interior property lines, including the rear property line; provided, however, that in the event that the rear property line abuts a secondary road, said wall shall be set in ten (10) feet from the official right-of-way of the secondary road, and said ten (10) feet shall be landscaped; provided, further, in the event that the interior side property line abuts the same or more liberal zoning district, the requirement for the wall along said common interior property line shall not apply. Walls within or extending into the required 25 foot front setback area shall be no more than four (4) feet in height. Further, individual buildings shall not be connected by fences, walls, breezeways or any other structures which make the building appear to have a single facade more than eighty (80) feet in width, provided that buildings may be connected by a breezeway at the first level only of no more than eight (8) feet in width. The applicant claims that the property is presently being used in a hazardous fashion. Staff has observed the current practice of cars illegally parking on the vacant lot. The applicant believes that the proposed parking lot will provide a safer and a more residential like use. The owner HEALTHSOUTH Corp. does own both the "RO" and the "MO" properties and has provided a unity of title linking the two properties together. The applicants site plan does show that there will be no ingress or egress from the "RO" property to the adjacent right-of-way. The applicant has enclosed a covenant providing for substantial compliance with the architectural and landscaping plans offered and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan. However the landscaping plan does not provide a continuous 8 foot landscaping buffer for the "RO" property on the side facing the single-family residential district as called for in Section 20-3.6 (0) (1) of the Land Development Code. But does meet all landscaping height regulations set forth in the Land Development Code. The applicant has also proposed a chain link fence as required in Section 20 - 3.6 (0) (3). The staff does believe that the proposed application meets the regulations of the Land Development Code and would recommend the following conditions of approval: 1) The applicant must have a 8 foot landscaping buffer on the 70 Street property line side. 2) In regards to the applicants proposal of a fence surrounding the "RO" property. Staff would recommend that the fence be located within the shrub border and the green vinyl coated type chain link fence be used. This would add security to the parking lot with out disturbing the visual aspect of the area. 3) The applicant must place sod within the 25 foot dedication area. Staff believes that with the applicants proposal and the staff recommendations the proposed use will be compatible with the surrounding neighborhood. The parking lot will provide the necessary parking so that the residents will not have to deal with people illegal parking on their lawns and on the presently vacant lot. The proposed use is compatible with the Comprehensive Plan and the Land Development Code. Staff also believes that a highly landscaped parking lot will provide the necessary buffer between the office district and the "RS-3" Low-Density Residential neighborhood. cc: Bill Mackey, Planner Attachments 4y' aIL d - .aa ;� • s Z46:z t-^i1' Yfi Y h�l• ro' S 't 4y" .s ' VRX �' iR �� '� �' Y: �i��R•4 ttTY 4 t a�'J r 1r ry. p �tt tia - a `� f 1;��- �r,�,��,1�' J�Tft,��r't'�"�y��.ftl t�4�r:3y,s4•,� ro�r��6+r;W��w ",' 6 �A,�1F�t}swcm, -v r ��• 4 Wf9 :M. 1t c3x 5*k �nr�`_,,,t WA f H� u� i`•t]lei t "� t ^tG .gA "riMy VF'.r:'a'z � +� 1• t �.. r1,t�`a: t 1{t'E•6� ,L.�s�}d��� � 6 t y' ' ^~ CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING Building , Zoning & Community Development Department 6I30 Sunset Drive , 2nd Floor ; South Miami , Florida 33143 Phone : ( 305 ) 663-6325 ; Fax 4 : ( 305 ) 666-4591 On Tuesday , September 27 , 1994 , at 7 : 30 P .M . in the Commission Chambers , the Planning Board of the City of South Miami will ~~''~~~^ a Public Hearing on all of the following matters ' On Tuesday , October 18 , 1994 , at 7 : 30 P .M . in the Commission Chambers , the City Commission of the City of South Miami will conduct a Public Hearing on all of the /following matters . pS-94-018 Applicant : MEALTHSOUTH CORPORATION Request : An application for a Special Use Permit to allow for a parking lot , on property located in the "RO" Residential Office zoned district , as- provided for in Section 20 - 3 '4 ( B )( 15 ) of the Land Development Code . Location: 7000 S .W . 62 Avenue ' YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING , SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS , AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE , WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL It TO BE BASED ( FLORIDA STATUTES 286 .0105 ) . PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN THE CITY HALL , LOCATED AT 6130 SUNSET DRIVE , SOUTH MIAMI FLORIDA 33143 , AT THE AFOREMENTIONED T `,E5 AND DATES ' , ALL INTERESTED PARTIES ARE URGED TO ATTEND . OBJECTIONS 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 RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED THE BOARD 'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE ' CITY COMMISSION AT THE TIME AND DATE STATED ABOVE COPIES OF ANY PROPOSED ORDINANCES CAN BE INSPECTED I � THE CITY CLERK 'S OFFICE INTERESTED PARTIES REQUESTING INFORMAT'� ON ARE ASKED TO CONTACT ' THE BUILDING , ZONING & COMMUNITY DEVELOPMENT DEPARTMENT B - ' CALLING 663-1-6325 OR BY WRITING TO THE DEPARTMENT AT CITY HALL 6130 SUNSET DRIVE , SOUTH MIAMI , FLORIQA 33143 . " � REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY ' � THIS IS A COURTESY NOTICE � �g MGM p oa Oa o Q. �I�� �� 4 RQr 0 0 �oO M an CIA VICE gym! 1�1 OW 0a o�� � uuEr�a��e�ccc ° our IwAq Km ��n1 O�Cn . 7EOV .�iE' •Ilr lb v \�� �,��a ■�i0 �OaO �a - .r�i Ohm ��: 00 -Zity of South Miami 6130 Sunset Drive.South ii.Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Applicant: HEALTHSOUTH CORPORATION Phone: (205) 969-4739 Property Owner: HEALTHSOUTH CORP. Signature: Address: Two Perimeter Park South Phone N rer: (205) 969-4739 Birmingham, AL 35243 Represented By: L. Jeffrey Lane Organization: Weissenhorn Enterpr. Address:7000 S.W. 62nd Ave, Miami FL Phone: (305) 665-9880 Architect/Engineer: Consulting Enginee Ehone: (305) 378-5555 Owner _, Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s) Block Subdivision PB Metes and Bounds: Township 54 so. Section 9s Range 40 East APPLICATION IS HEREBY MADE FOR THE FOLLOWING: _ Variance �_ Special Use _ Rezoning Text Amendment to LDC Text Amendment to Comp Plan _, PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: To use R O zoning for parking. SECTION: 20-3.4 SUBSECTION: IS_ PAGE #: sa AMENDED DATE: 11-5-91 SUBMITTED MATERIALS g Letter of intent _ Statement of hardship _ Reasons for change: from owner/tenant inherent in the land list justifications Proof of ownership — Power of attorney — Contract to purchase t _X._ Current survey _ 7 copies of Site Plan X Required fee(s) for within 3 years 1 reduced @ 8.5" x 11" cost of advertising The undersigned has read this Completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant0s knowled a and belief. 9-2-94 //�`�C Date pplicant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY DATE FILED ACCEPTED REJECTED DATE PB HEARING COMMISSION PETITION REQUIRED ADVERT DEADLINE OTHER INFO PETITION ACCEPTED r d' HEALTH Corporation TOt City of South Miami FROM: HEALTHSOUTH Corporation OATB: September 2, 1994 REFt Special Use Permi - Letter of Intent. HEALTHSOUTH Corporation is making appli.catioq for a special use of land, zoned R O, for parking adjacent to our M 0 zoned office structure. The land is currently vacant as the structure on it was destroyed by hurricane Andrew in 1992. The ;use of the land in a properly constructed parking lot (structure) will enhance the area and provide control on property which is currently being used in a hazardous fashion despite attempts by owner to.diseourage such use. The improved property will have an immediate and positive impact on the neighborhood. It will change from an unoightly, unorganized, hap-hazard environment to a well designed,'; well secured, well landscaped property, utilized only during office operation by tenants or visitors to the building proper. The current rash of burglaries and car theft should be quickly eliminated. HEALTHSOUTH CORPORATION y 5 7000 S.W. 62nd Avenue, Suite 405 • South Miami, FL 3314,3 • (305) 666-6650 Fax (305) 669-1396 SECTION 20-3.3 (D) ZON2NG D= STR= CT R L M N S G I H P P C P USE TYPE 0 0 0 R R R I R O A N R D K BUSINESS AND PROFESSIONAL SERVICES Accessory Medical Services jjjj 1 I S 11118 7 Accounting & Auditing Services P P P P P 10 Acupuncturist P P P 9 Advanced Registered Nurse Practitioner P P P 9 Advertising Agency P P P P 1PI 10 Animal Hospital or veterinarian P 12 Architectural Services P P P P P 10 Automobile Parking Structure S 15 Automobile Rental Agency P ill Automobile Repair & Body Shop P 11 Automobile Upholstery & Top Shop P 11 Automobile Washing/Detailing Washing/Detailing Operation I 1P 10 11 Bank or Savings Institution P P P P 11 Beauty or Barber Shop S SIP P P. P 16 11 Billiard Parlor PI 1 11 Ill Bowling Alley or Skating Rink S S 11 16 Building Contractors Office P P P P 10 Carpet Cleanin Service P 1111 Catering Services P 11 Chiropractic Office or Clinic P P P P P P S 11419 counseling Services P P P P P P P 10 Contractor Plant & Storage P 14 Computer Supplies & Services P P P P P 11 Credit Reporting Services P P P ._ P 10 Dentist Office PP P P p P 1IP , 9 Dry Cleaning Substation (no processing) S S P P P 16 11 Dr . Cleanin Plant S P 7 11 Employment Agency. P P P P 10 Engineering Services P P P P P 10 Film Processing Substation S S Pip p 16 11 Funeral Home S S P 3 11 Hotel or Motel p p p p 4 Insurance Agency pip P P P IP 110 Interior Decorator, Showroom & Salesroom P P P P 10 Interior Decorator, Office only P P P p 10 Investigative Services P P P P P 10 Investment & Tax Counseling PIP 1PI 10 e LDC: UPDATED JUNE 1993 4 2 CITY OF SOUTH MIAMI SECTION 20-3 . 4 SPECIAL USE CONDITIONS ( 15) PARKING STRUCTURE IN RO DISTRICTS'. 'Parking structures in RO Districts are permitted provided that parking is not more than two levels on RO property where an RO property abuts a MO property and where the RO property is to be used solely to provide off-street parking to serve a building or a portion of a building to be constructed solely on the MO property, and when RO property will not abut residential property subject to the following conditions : (a) a unity of title linking the RO and MO properties shall be provided; (b) no main building shall be constructed on the RQ property; (c) the square footage of the building(s) to be constructed on the MO property shall not exceed what is permitted by the zoning regulations to be constructed on the MO property; (d) the finished floor elevation of the second level of parking shall be no higher than four: ( 4 ) feet six ( 6 ) inches above grade; (e) the second parking level. shall . conform to all setback requirements of the RO district except that it shall be permitted at five (5) foot interior side setback; (f) the second parking level shall meet all the requirements of Section '20-4 . 5, Vehicular Use Area Landscaping, as if it were at grade parking, including, but not limited to, required landscape islands; 6 Revised 7124190 by Ord. # 12-90-1452 Revised 1115191 by Ord. # 26-91-1490- LDC: UPDATED JUNE 1993 5 4 CITY OF SOUTH MIAMI SECTION 20-3 . 4 SPECIAL USE CONDITIONS (g) the ingress and egress to the RO property shall be solely from the MO property and shall not be permitted from right-of- way(s) abutting the RO property and shall not create adverse traffic conditions; (h) the second parking level shall be designed, landscaped and screened from view, to the maximum extent possible; ( i ) the proposed plans shall be subject to complete review, approval , modification or denial by the Environmental Review and Preservation Board pursuant to Section 20-6 (C) to ensure the preservation of the residential character of the RO property, and the overall integrity of the development; ( j ) a Declaration of Restrictive Covenants providing for substantial compliance with the architectural and landscaping plans offered as part of the application and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan, shall be submitted as part of the application and review of the City Attorney and of the City Commission. The Declaration of Restrictive Covenants shall be recorded in the Public Records of Dade County, at the owner's expense, immediately following any approval of the application; (k) a Public Hearing by the City Commission shall be held to determine the overall compatibility of the proposed use with the neighborhood. The application for a Special Use Permit, as provided herein, shall only be granted if the City Commission affirmatively finds , in its discretion, that the application meets the criteria (a) through ( j ) listed above and further affirmatively finds that the application preserves and enhances , to the maximum extent possible, based upon the merits of the landscaping and architectural plans submitted, the residential character of the RO property as it relates to the surrounding neighborhood. In the making of the above finding, the City Commission may consider, among other evidence presented, the testimony of affected neighboring property owners. ( 16 ) ACCESSORY RETAIL AND SERVICE USES. Within any permitted principal building in LO or MO, districts , accessory retail or service uses may be permitted provided that: (a) such uses are located '' entirely within the principal building for the convenience of the occupants of or visitors to the principal use; LDC: UPDATED JUNE 1993 5 15 CITY OF SOUTH MIAMI SECTION 20-3 . 6 SUPPLEMENTAL REGULATIONS (0) RO Restrictions21 ( 1 ) In addition to all other requirements, a continuous visual buffer shall be provided whenever an RO use abuts or faces directly (within 50 feet) a property zoned for single family residential purposes. To accomplish this , the normally required perimeter landscaped buffer shall be increased from five ( 5 ) to eight ( 8 ) feet in width and trees from Table 20- 3 . 6 (0) ( 5) shall be planted according to the spacing listed. These trees shall be a minimum of 10 - 12 feet tall immediately after planting. ( 2) No structure shall be constructed or altered to produce a store front, display window, or any other feature that would detract from residential character except that, in areas where RO zoned property abuts the MetroRail right-of-way, it shall be left to the discretion of the Environmental Review and Preservation Board as to whether strict compliance shall be necessary on that side abutting the MetroRail right-of-way, providing that all other sides are residential in character. ( 3 ) A decorative wall or fence of masonry, reinforceq concrete, precast concrete , chain link, wood, or other like material that will be compatible with the main structure, five ( 5) feet in height shall be erected along all interior property lines , including the rear property line; provided, however, that in the event that the rear property line abuts a secondary road, said wall shall be set in ten ( 10 ) feet from the official right-of-way of the secondary road, and said ten ( 10 ) feet shall be landscaped; provided, further, in the event that the interior side property line abuts the same or more liberal zoning district, the requirement for the wall along said common interior property line shall not apply. Walls within or extending into the required 25 foot front setback area shall be no more than four ( 4 ) feet in height. Further, individual buildings shall not be connected by fences , walls , breezeways or any other structures which make the building appear to have a single facade more than eighty ( 80 ) feet in width, provided that buildings may be connected by a breezeway at the first level only of no more than eight ( 8 ) feet in width. 21 Revised 8 120191 by Ord. # 21-91-14,86 LDC: UPDATED JUNE 1993 -7 ,4 CITY OF SOUTH MIAMI SECTION 20-3 . 6 SUPPLEMENTAL REGULATIONS ( 4 ) No accessory buildings , or storage of supplies , heavy equipment, or large vehicles shall be permitted anywhere on the lot. In addition, air conditioning equipment may not be placed in the required front setback area. (5 ) TABLE 20-3 .6 (0) ( 5 ) Tree Species* and Required Spacing for Continuous Visual Buffer Required Spacing Aralia ( Polyscias balforiana) 3 ' Beauty Leaf (Callophyllum antillianum) 10 ' Buttonwood (Conocarpus erectus) 5' Carrotwood (Cupaniopsis spp. ) 10 ' Madagascar Olive (Noronhia emarginata) 10 ' Pink Trumpet Tree (Tabebuia pallida) 10 ' Spicewood (Calyptranthes pallen) 10 ' Vitex (Vitex gnus castus ) \ 10 ' Wax Myrtle (Myrica cerifera) 10 ' Yew ( Podocarpus spp. ) 10 ' * or substitute to be approved by the Environmental Review Heard. * Or substitution to be made from Commission approved tree list submitted by the Tree Committee. LDC: UPDATED JUNE 1993 7 5 CITY OF SOUTH MIAMI SECTION 20-4 .5 LANDSCAPING ( f) The remainder of the buffer strip shall be landscaped with grass , ground cover, shrubs or other treatment, excluding pavement or sand. Necessary accessways shall be permitted to traverse required perimeter buffer strips and provide access to the vehicular use area. ( 2 ) Interior Improvements ( a) When the interior of any vehicular use area is designed for purposes other than off-street parking, such as a service station, drive-in banking or drive-through retailing, an area or combination of areas equal to not less than ten ( 10 ) per cent of the total vehicular use area, exclusive of perimeter landscape buffers as required in subsection ( 1 ) above, shall be devoted to interior landscaping. (b) When the interior of any vehicular use area is designed for off-street parking purposes , the following landscaping elements shall be required in lieu of percentage requirements: i . Curbed terminal islands shall be located at both ends of rows of contiguous spaces. Such, islands shall be not less than five ( 5) feet in width and extend the entire length of the spaces. Each terminal island shall have at least one ( 1 ) tree for every ninety (90 ) square feet of area, or portion thereof, and be covered with grass or ground cover. ii . Curbed interior islands , which measure not less than five ( 5 ) feet in width and extend the entire length of the parking space , shall be located within rows of contiguous spaces. There shall be at least one ( 1 ) interior island for every eight ( 8 ) spaces within each row. Interior islands shall be placed at intervals of not less than six ( 6 ) nor more than ten ( 10 ) spaces , but shall not be required in rows containing six ( 6 ) contiguous spaces or less . Each interior island shall have at least one ( 1 ) tree for every ninety ( 90 ) square feet of area, or portion thereof , and be landscaped with grass or ground cover. Interior islands need not be placed directly opposite each other when in abutting parking rows. Any design arrangement which relieves` monotony or increases tree coverage of the vehicular use area is permissible. LDC: UPDATED JUNE 1993 1 2 0 CITY OF SOUTH MIAMI SECTION 20-4 .5 LANDSCAPING ( 3 ) Tree Requirements Trees shall be of the species that will normally grow to a minimum height of twenty ( 20 ) feet with a mature crown spread of twenty ( 20 ) feet or greater in Dade County and have trunks which can be maintained with over seven (7 ) feet of clear trunk. Required trees shall have a minimum diameter at breast height (D.B.H. ) of three ( 3 ) inches and be not less than ten ( 10 ) feet in overall height at the time of planting. The number of different species required shall be as follows: Required Trees Minimum Species 1 - 10 1 11 - 30 2 31 - 60 3 61 - 100 4 101 + 5 Selected trees shall be from the following list of native or exotic broadleaf species, except that the Environmental Review and Preservation Board shall have the authority to approve other species in addition to those listed below based on its determination that the alternative species will satisfy, to an equal or greater degree, the same objectives as would those listed. Native Exotic ` Live Oak (Quercus virginiana) Beauty L e a f ( C a l o p h y l l y r. Black Olive ( Bucida buceras ) ionophyllum) Mahogany (Swietenia mahogani ) Vitex (Vitex quinata) Laurel Oak (Quercus laurifolia) Queens Crape Myrtle (Lagerstroemiz: Geiger Tree (Cordia sebestena) speciosa) P i g e o n P l u m ( C o c c o l o b i s Tree of Gold (Tabebuia argentea) diversifolia) Pink Tabeuia (Tabebuia pallida) Silver Buttonwood (Conocarpus Golden Shower (Cassia fistula) erectus ) Bottle Brush (Callistemon species) Sea Grape (Coccolobis uvifera) Buttercup Tree (Cochlospermur Satin Leaf ( Chrysophyllum vitifolium) oliviforme) Toog (Bischofia javanica) Paradise Tree (Simarouba glauca) Noronhia (Noronhia emarginata) Pitch Apple (Clusia rosea) Pongam (Pongamia pinnata) Yellow Elder (Stenolobium stans) Sapodilla (Archras sapota) Cherry Laurel (Prunnus caroliniana) Orchid Tree (Bauhinia species ) Bontia (Bontia daphnoides) Lace Flower (Pithecellobium dulce) Sweet Acacia (Acacia farnesiana) Fern Podocarpus ( Podocarpus Buttonwood (Conocarpus erectus) gracilior) LDC: UPDATED JUNE 1993 1 2 .1 CITY OF SOUTH MIAMI "••:• C% of South Miami INTER—OFFICE MEMORANDUM TO: Brian Soltz Planning Techn FROM: Earl G. Gallop RE: Declaration of Restrictions DATE: October 11, 1994 ------------------------------------------------------------------ I reviewed the two draft declarations of restrictions attached to your October 4, 1994 inter-office memorandum. The documents are suitable in form and substance. EGG/sgs soltz.� Y f, r p y DECLARATION OF REST I DNS KNOW ALL BY THESE PRESENTS that the undersigned, Owner(s) of the following described property (the "Property"), lying,being situated in the City of South Miami, Dade County,Florida, to-wit: The North 115.00 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 less the east 149.00 feet and the east 137.00 feet of the North 150.00 feet of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade County, Florida, subject to a dedication of the North 25 feet for road purposes. IN ORDER TO ASSURE the City of South Miami, Florida, that the representations made to them by the Owner during consideration of a special use permit, the property will be abided by the Owner,freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the property: (1) That said property shall be developed substantially in accordance with the spirit and intent of the plans previously submitted,prepared by Consulting Engineering and Science, INC., dated the 15 day of APRIL , 1994, said plan being on file with the City of South Miami Building and Zoning Department, and by reference made a part of this agreement. (2) The Property Owner(s) must comply with the architectural and landscaping plans offered as part of this covenant. (3) Perpetual maintenance of landscaping as shown on the landscaping plans submitted with this Declaration of Restrictions must be maintained by the Owner(s). Inspection. As further part of this agreement it is hereby understood and agreed that any official inspector of the City of South Miami Building and Zoning and Community Development Department, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. The Declaration on the part of the Owner shall constitute a covenant running with the land and will be recorded in the public records of Dade County, Florida and shall remain in full,force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date of this Declaration is recorded after which time it shall be extended automatically for Declaration of Restrictions Page Two successive periods of ten years each, unless an instrument signed by the majority of the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of South Miami. Modification, Amendment Release This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner or a majority of the owners of all of the Property provided that the same is also approved by the Director of the Building and Zoning Department of the City of South Miami. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of South Miami Building and Zoning Department, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. i Authorization for Building and Zoning DeQartment to Withhold Permits and Inspections. In the event payments or improvements are not made in accordance with the terms of this declaration, in addition to any'other remedies available, the City of South Miami Building and Zoning Department is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as_this declaration is complied with. Election of Remedies All rights, remedies granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Presumption of Compliance Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspections and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and the spirit of this Declaration. i i DECLARATION OF RESTRICTIONS PAGE THREE Severability. Invalidation of any one of these covenants, by judgement or Court, in,no way shall affect any of the other provisions which shall remain in full force and effect. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost of the Owner following the approval of the Application by the Director of the City of South Miami Building and Zoning Department. IN WITNESS WHEREOF, the party agrees to abide by all terms and accepts the.Declaration of Restrictions to the date and year first written above. PROPERTY OWNER Witness: 6210 S.W. 70 Street Witness: HEALTHSOUTH CORPORATION City of South Miami Director,of Building and Zoning and Community Development Dean L. Mimms, AICP CAFORMSVIBALTHSO.COV h NbfICE OF PUBLIC HEARING CITY OF SOUTH NHANH Building, Zoning & Community Development Department 6130 Sunset Drive, 2' Floor; South Miami, Florida 33143 Phone: (305) 663-6325; Fax #: (305) 666-4591 On Tuesday, December 13, 1994, at 7:30 P.M. in the Commission Chambers the Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. On Tuesday, January 3, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of the City of South Miami will conduct a Public Hearing on the following matters. PB-94-018 Applicant: HEALTHSOUTH CORPORATION Request Application for Special Parking Permit to allow an off-site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20-4.4 (F)(2)(a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami, Florida 33143. (A commercial property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS 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 RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663-6325 OR BY WRITING TO THE BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. x`t -•r' ' )'k I I I I k—Lj�-^ .. 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Q f + ' •r -�.• u ,.. ew 7iJ . r . $6 �o' !• sw t 7 ' ! ` n I ' I p.�r9t • \••, 'v o-y, s� 1 • � Y I ' •tl 7f '�-� x1 �\ SOYIM MIAMI ` ',• /+'4 fl w `II11►�III't s ! , n ! Mo•.PIT^L 5,�p1 ft �.. -� ,• •• •! ! S 0 f 1 S •1'(\ S wA�,• • dA _�C A♦V 1, _L? rte. !t 1 iI�4�. MATI-11AI& /4N.=/4 APPLICANT: HoC—n LTHSOGG r/ '/ W''`,�• OWNER: cm C MAP REFERENCE: C , � A Compass COMMENTS : Scale.A U$ ea Pere" '. � Date. Drn !.ors. .Chk. . . . . CITY OF MUTH AMAMI ^a PLANNING DOIhQD Hearing No. 01, . DOCTORS HOSP OF S MIA W LEVIN M TINSLEY 7031 SW 62 AVE 5996 PARADESE POND DR 1600 S BAYSHORE LN MIAMI FL 33143 MIAMI. FL 33157 APT 3C MIAMI FL 33133 S MEKRAS M SONTAG M QUINLAN 4220 GRANADA BLVD 14540 SW 63 CT 7001 SW 61 AVE CORAL GABLES FL 33146 MIAMI FL 33158 S MIAMI FL 33143 KLIE ASSOCIATES - G EILAS S MIA PROFESSIONAL 7330 NW 12 ST #1106 555 PIGEON PLUM LN 1150 SW 1 ST #214 MIAMI FL 33126 MIAMI FL 33137 MIAMI FL 33130 C ROSENBAUM CHAR--BETT INC SECISH INTER . PO BOX 2000 1055 PONCE LEON BLVD 5975 71 ST S MIAMI FL 33143 BELLEAIR FL 34616 MIAMI FL 33143 CAUSEWAY NV SUNSET MIA INVESTMENT 5995 REALTY CORP 2012 SW 124 PL 7450 NW 5 ST STE#1 5995 SW 71 ST MIAMI FL 33175 PLANTION FL 33317 MIAMI FL 33143 M SCHECHTER W JONES R BERKOWITZ 6161 SUNSET DR 7440 S OCEAN DR #223A 7000 SW 59 PL S MIAMI FL 33143 JENSEN BEACH FL 34957 S MIAMI FL 33143 PLAZA BANK OF MIAMI C ROSENBAUM TR R SPIEGEL 1505 NW 167 ST PO BOX 430082 12101 SW 100 ST MIAMI FL 33169 MIAMI FL 33243 MIAMI FL 33186 I SARSOUR MASONIC LODGE #308 T JACKSON - 14856 SW 82 ST PO BOX 43149 6171 SW 69 ST #1-1 MIAMI FL 33193 S MIAMI 33241 S MIAMI FL 33143 A BUILDING INC D SHUEY R KING 2424 S DIXIE HWY 15831 SW 97 AVE 6113 SW 69 ST MIAMI FL 33133 MIAMI FL 33157 MIAMI FL 33143 M MONTANA C TARAFA J LARKINS 3450 RABBIT HALLO CIR 10404 SW 87 CT 6133 SW 69 ST DELRAY BEACH FL 33445 MIAMI FL 33176 MIAMI FL 33143 B GIRWARR S ANDERSON H CARTER 7030 SW 63 CT 149 MORNING SIDE DR 7601 SW 60 AVE MIAMI FL 33143 CORAL GABLES FL 33133 MIAMI FL 33143 A ROJAS K HANSON RR FEDER 7040 SW 63 CT 12580 GRIFFEN BLVD 7311 SW 62 AVE MIAMI FL 33143 -- MIAMI FL 33161 MIAMI FL 33143 W MARKS J BRUCE M SEVIER 7110 SW 63 CT 6721 SW 63 AVE 7211 SW 62 AVE MIAMJI FL 33143 MIAMI FL 33143 MIAMI FL 33143 M BAHNEY M DURYEE SUNSET AUTO CENTER 6710 5W 62 CT 6731 SW 63 AVE 6180 SW 72 ST MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33143 C POSTELL D COHEN ROSENBAUM 6720 SW 62 CT 6720 SW 63 AVE 6150 SUNSET- DR MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33143 C CHRISTIE D MOHONEY I EHRENKRANTZ 6730 SW 62 CT 6730 SW 63 AVE 7340 SW 61 CT MIAMI FL 33143 - MIAMI FL 33143 MIAMI FL 33143 E WHITE G SHAW M ROSEN 6711 SW 62 CT 6731 SW 63 CT 1 SE 3 AVE STE 2600 MIAMI FL 33143 MIAIMI FL 33143 MIAMI FL 33131 M AL-HAMOND J WEISS J ETALS % E LASHINS 6721 SW 62 CT 1320 S DIXIE HWY 80 BUSINESS PARK DR MIAMI FL 33143 CORAL GABLES FL 33146 ARMONK NY 10504 L BURNETTE S MIA MEDICAL OFFICE HEALTHSOUTH 6731 SW 62 CT 7231 SW 63 AVE TWO PERIMETER PARK S . MIAMI FL 33143 MIAMI FL 33143 BIRMINGHAM AL 35243 CONSOLIDATED RESEARCH W KRUEGER M QUINLAN 6795 SW 62 CT 8081 SW 86 TERR 6239 SW 70 ST MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33143 F JANSSENS NAFO CORP G LAJONCHERE 6841 SW 63 AVE 7670 NW 55 ST 6900 SW 63 AVE MIAMI FL 33143 MIAMI FL 33166 MIAMI FL 33143 D COHEN VANDERBUILT SQUARE A CARRILLO 6825 SW 63 AVE 6201 SW 70 ST #205 6944 SW 63 AVE MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33143 R GIBBS R SEVIGNY G FRANK 6815 SW 63 AVE 6912 SW 62 CT 6941 SW 63 CT MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33143 W BROWN D LANDOWNE S DENIGHT 6801 SW 63 AVE 6926 SW 62 CT 6925 SW 63 CT MIAMI FL 33143 S MIAMI FL 33143 MIAMI FL 33143 H MCGINNIS H WHITE N HOPKINS 8220 SW 63 CT 6940 SW 62 CT 6901 SW 63 CT MIAMI FL 33143 S MIAMI FL 33143 MIAMI FL 33143 HAPAN 56 CORP F PICHE A BUTLER p BRENNAN REALTY 7231 SW 70 ST #F-5 6390 SW 69 ST 225 ARAGON AVE MIAMI FL 33143 MIAMI FL 33143 CORAL GABLES FL 33143 M MILLER M HODGES M BECKER 6825 SW 62 CT 6285 SW 70 ST 6380 SW 69 ST MIAMI FL 33143 S MIAMI FL 33143 MIAMI FL 33143 ORCHARD INC D ECHEMENDIA J LYNSHEY 225 ARAGON AVE 6941 SW 63 AVE 6940 SW 63 CT CORAL GABLES FL 33134 MIAMI FL 33143 MIAMI FL 33143 A SMITH R STRATTON PRIME PROPERTIES 1301 ASTURIA AVE 6929 SW 63 A'VE 7000 SW 63 CT CORAL GABLES FL 33134 MIAMI FL - 33143 MIAMI FL 33143 B SCHWARTZ H FARFAN J MARRASE 6931 SW 62 CT 6917 SW 63 AVE 6438 SW 39 ST MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33155 DADE COUNTY HUD M TCHAKARIAN L JOHNSON 1401 NW 7 ST BLDG C 7107 SW 63 AVE 6812 SW 63 AVE MIAMI FL 33125 MIAMI FL 33143 MIAMI FL 33143 W SANDRA T THOMAS G TAYLOR 6901 SW 72 CT 78105 SW 63 AVE 6840 SW 63 AVE MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33143 B SHAW C HORNE R QUIDIELLO 7040 SW 63 AVE 7101 SW 63 AVE 6333 SW 69 ST S MIAMI FL 33143 S MIAMI FL 33143 S MIAMI FL 33143 J BOSCH T LIETCH J COLEMAN 7030 SW 63 AVE 7015 SW 63 AVE S 6337 SW 69 ST MIAMI FL 33143 - MIAMI FL 33143 S MIAMI FL 33143 C CARTAVA M VA'LLADARES H HENRY 7000 SW 63 AVE 7003 SW 63 AVE 6339 SW 69 ST MIAMI FL 33143 S MIAMI FL 33143 MIAMI FL 33143 S HOWE G NORBRATEN J STEVENSON JR 6320 •SW 70 ST 6290 SW 70 ST 6377 SW 69 ST MIAMI FL 33143 S MIAMI FL 33143 MIAMI FL 33143 R BERNDT A SCOTT S QUINTANA 6295 SUNSET DR 6350 SW 68 ST 6800 SW 62 CT MIAMI FL 33143 MIAMI FL 33143 S MIAMI FL 33143 VEROLI7 MGMT G MARSHALL J BIEBEL 7100 W 20 ST 6340 SW 68 ST MIAMI 6810 SW 62 CT HIALEAH FL 33016 FL 33143 MIAMI FL 33143 I WHITTAKER R BUNYAN J JACKSON 7121 SW 63 AVE 6330 SW 68 ST 801 NW 207 ST S MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33169 F IGLESIAS W JOHNSON A MOSSBERG 7111 SW 63 AVE 6300 SW 68 ST 6255 SW 69 ST S MIAMI FL 33143 MIAMI FL 33143 MIAMI FL 33143 CHEVRON USA INC PROP TAX DEPT PO BOX 285 HOUSTON TX 77001 V ELIAS 7150 SW 62 AVE MIAMI FL 33143 B DICK 1015 NE 92 ST MIAMI SHORES FL 33138 S MIA HOSP DEV FUND 7400 SW 62 AVE S MIAMI FL 33143 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING Building , Zoning & Community Development Department 6130 Sunset Drive , 2nd Floor ; South Miami , Florida 33143 Phone ( 305 ) 663-6325 ; Fax # ( 305 ) 666-4591 On Tuesday , September 27 , 1994 , at 7 : 30 P .M . in the Commission Chambers , the Planning Board of the City of South Miami will conduct a Public Hearing on all of the following matters . On Tuesday , October 18, 1994 , at 7 : 30 P .M . in the Commission Chambers , the City Commission of the City of South Miami will conduct a Public Hearing on all of the following matters . PB-94-018 Applicant : HEALTHSOUTH CORPORATION Request : An application for a Special Use Permit to allow for a parking lot , on property located in the "RO° Residential Office zoned district , as provided for in Section 20 - 3 .4 ( B )( 15 ) of the Land Development Code . Location ; 7000 S .W . 62 Avenue YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING , SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS , AND FOR SUCH PURPOSE MAY - NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE , WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED ( FLORIDA STATUTES 286 .0105 ) . PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN THE CITY HALL, LOCATED AT 6130 SUNSET DRIVE , SOUTH MIAMI , FLORIDA 33143 , AT THE AFOREMENTIONED TIMES AND DATES . ALL INTERESTED PARTIES ARE URGED TO ATTEND . OBJECTIONS 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 RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED . THE BOARD 'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE . COPIES OF ANY PROPOSED ORDINANCES CAN BE INSPECTED IN THE CITY CLERK 'S OFFICE . INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING , ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663-6325 OR BY WRITING TO THE DEPARTMENT AT CITY HALL , 6130 SUNSET DRIVE , -SOUTH MIAMI , FLORIDA 33143 . REFER TO HEARING NUMBER WHEN MAKING, ANY INQUIRY . THIS IS A COURTESY , NOTICE OCT 111994 D mom SE WIN MEN WE Kinsdaw wn EM WRE AM 0 0 d i� X10➢ MM 0 Mme �o ME 13FM MUM, MAN UUM MA © ov cam v® m Ulm ©F �Do ma ©Q� IIIIEE6ce94 @EQE! BE wo o® m USE �IOIII��II�1��11 �g1e IN B o� o� MIA as Pao E ilium GRIP 1,511al alm nun myL Kj' O® �v �■ � o a 10/03/94 13:09 WEISSENHQRN ENTERPRISES, INC. 002 t Corporation" TO: City of South Miami FROM: HEALTHSOUTH Corporation DATE: September 2, 1994 REF: Special Use Permi - Letter of Intent. HEALTHSOUTH Corporation is making applicatioq for a special use of land, zoned R O, for parking adjacent to our M O zoned office structure. The land is currently vacant as the structure on it was destroyed by hurricane Andrew in 1992. The .use of the land in a properly constructed parking lot (structure) will enhance the area and provide control on property which is currently being used in a hazardous fashion despite attempts by owner tm.discourage such use. The improved property will have an immediate and positive impact on the neighborhood. it will change from an unOightly, unorganized, hap-hazard environment- to a well designed,'; well secured, well landscaped property, utilized only during office operation by tenants or visitors to the building proper. The current rash of burglaries and car theft should be quickly e� minated. HEALTHSOUTH CORPOfWrION 7000 S.W. 62nd Avenue, Suite 405 • South Miami, FL 33143 • (30,5) 666-6650 Fax(305)669-1396 10/03/94 13:08 WEISSENHQRN ENTERPRISES, INC. 001 WEISSENNORN ENTERPRISES, tKC. 7000 S.W.- 62ND AVENUE, PENTE(OUSE A SOUTH MIAMI, FL 33143 ' TELEPHONE: (305) 665-98$0 FACSIMILE: (305) 666-1533 t Telecopier Cover phle t r t U ►� TO. �? �. Z. NAME OF COMPANY awxA FAX TRANSMITTAL NUMBER: - 1 PHONE NUMBER TO CONFIRM RECEIPTS (305)_ 66§^9860 FROM: DATE: 1 Y. PAGE: OF__- �i' INCLO DING THIS COVER SHEET WE ARE TRANSMITTING FROM A MULTIFAX IMAGE MATE SHOULD YOU HAVE ANY PROBLEMS RECEIVING THIS 'TELECOPYt PLEASE CALL US. THANK YOU. BRIEF DESCRIPTION OF TRANSMITTAL: TO: Planner Mackey FROM: City Clerk RE: Amendment to Healthsouth, agenda of January 17th. DATE: January 24 , 1995 -------------------------------------------------------- Bill: Attached please find amendments for Healthsouth from the agenda of January 17th. One amendment is for the resolution; the second amendment is for the attached Exhibit "A" , the Declaration of Restrictions. If these items are not in your computer, please let me know and I will retype. Thanks. f ib 1 property at this time. City Attorney explained that to add the 2 second property would be a substantive change in the resolution. 3 Additionally, it would change what had been advertised for the 4 public hearing and the second property should be considered 5 separately. 6 7 Commissioner Bass stated her opinion that the curvature of the 8 road does make a hardship and she will support the variance. 9 10 Motion on amendment (to add a second property) failed 1/4 : 11 Vice-Mayor Young, yea; Mayor Carver, nay; Commissioner Bass, nay; 12 Commissioner Cooper, nay; Commissioner Cunningham, nay. 13 14 Motion on resolution passed 5/0: Mayor Carver, yea; Vice-Mayor 15 Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; 16 Commissioner Cunningham, yea. 17 18 19 20 21 22 23 #10) out of sequence 24 25 RESOLUTION NO. 26 27 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 28 SOUTH MIAMI, FLORIDA, GRANTING A SPECIAL PARKING PERMIT 29 PURSUANT TO SECTION 20-4 . 4 (F) (2) (a) OF THE LAND DEVELOPMENT 30 CODE TO ALLOW AN OFF-SITE PARKING LOT TO BE LOCATED ON 31 PROPERTY IN THE RO (RESIDENTIAL OFFICE) DISTRICT AND 32 SPECIFICALLY LOCATED AT 7000 S.W. 62ND AVENUE, SOUTH MIAMI, 33 FLORIDA, 33143 , AND PROVIDING A LEGAL DESCRIPTION. 34 35 Motion by Vice-Mayor Young, seconded by Commissioner 36 Cunningham, that the resolution be adopted and assigned the next 37 number by the City Clerk (refer to page 6) . 38 39 Mayor Carver deemed public hearing in session. 40 41 1) Mr. Jeff Lane, representing Healthsouth, Inc, stated that most 42 of the substantive issues had been addressed at the Planning Board, 43 but he will be happy to respond to any other questions or issues 44 that the Commission may have. 45 46 2) Mr. David Landau, 6926 S. W. 62nd Court, stated his support 47 for the resolution if the resolution incorporates no overnight or 48 nighttime parking. 49 50 Mr. Lane responded that he has no objection to adding a 51 condition to the resolution that the parking will be from 7 : 00 A.M. 52 until 9 : 00 P.M. , Monday through Friday. There may be one or two 8 a a1 1 cars on Saturday from those who are working over the weekend, and 2 almost never a car on Sunday. 3 4 No one else wished to speak and the public hearing was deemed 5 closed. 6 7 Discussion was held with regard to inspection and enforcement 8 and any signage that may be necessary. Vice-Mayor Young said that 9 those in the area may not wish a sign as it is one more piece of 10 metal; Commissioner Cooper concurred. Mr. Lane responded that 11 there will be a gate and someone will be on the premises until 9: 30 12 P.M. 13 14 Mayor Carver questioned the height of the landscaped buffer. 15 Building, Zoning & Community Development Director stated Staff 4 16 comfortable with a 5' high buffer; there will also be 2 ' of hedge 17 on the outside of the fencing. There will be sod between the hedge 18 and the pavement. Trees that are there will be saved; new trees to 19 be planted will be 10 - 12 feet tall and there will not be egress 20 or ingress into the residential area. 21 22 23 Moved by Commissioner Bass, seconded by Commissioner Cooper, 24 to amend the resolution be adding a subsection (8) , in Section 1. 25 on page 2 : 26 27 (8) The hours of operation of the parking garage are limited to 28 7 : 00 A.M. until 9 : 00 P.M. The applicant shall take appropriate 29 action to assure compliance with this condition" . 30 31 There would then be an amendment to paragraph 3 of the 32 Declaration of Restrictions under "Inspection" , end of third line: 33 34 eliminate "At any time during normal working hours" . This 35 will allow Code Enforcement Officers to inspect at any time. 36 Motion on amendment passed 5/0: Mayor Carver, yea; Vice-Mayor 37 Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; 38 Commissioner Cunningham, yea. 39 40 Motion on resolution, as a whole, passed 5/0: Mayor Carver, 41 yea; Vice-Mayor Young, yea; Commissioner Bass, yea; Commissioner 42 Cooper, yea; Commissioner Cunningham, yea. 43. 44 45 ORDINANCES - FIRST READING 46 47 48 ORDINANCE NO. 49 50 12) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 51 SOUTH MIAMI, FLORIDA, CREATING THE OFFICE OF DEVELOPMENT, 9 O I I I 1 l 1 Qr-7 al r° 0 co w � w O I �R. 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