06-16-09 Item 2bSouth Miami
N-AmeficaCity
CITY OF SOUTH MIAMI 11111F
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun , City Manager
From: Thomas J. Vageline, P n i and Zoning Director
Date: June 16, 2009 ITEM NO.
Subject: Current Staus: Report :Retail Use South Miami Hospital Property
SUPPLEMENTAL REPORT
At its meeting on April 7, 2009 the City Commission approved a special use request to allow a
restaurant on the ground floor of the new South Miami Hospital east parking garage at 6200 SW 72 "d
Street. During the discussion information was requested as to whether or not there was additional retail
space planned for this same area of the garage. The following information is provided.
(1) At its December 3, 2002 meeting the City Commission adopted Resolution No. 188 -02 -11537
approving a major modification to the existing Planned Unit Development (Hospital) zoning district
which permitted the construction of a medical office building and an attached parking garage. The site
plan approved at that time indicated that the space for the new restaurant was on the south side of the
garage was designated as retail (2,000 sq. ft.). An additional 2000 sq. ft. of ground floor space
immediately east of the future restaurant, was also designated as future retail space. Attached is a copy
of the ground floor plan for the office /parking garage project as adopted in December 2002.
(2) At its January 21, 2003 the ERPB approved the architectural concept plan for the PUD -H changes
including the new office /parking garage building. A master signage plan and a landscape plan were
deferred until a future date. The site plan document approved on that date continued the designation of
all of the ground floor space on the south side of the garage as future retail space, as had been
approved by the City Commission one month earlier.
(3) Prior to the final approval of the project by the ERPB, the hospital reduced the proposed retail
space on the ground floor of the garage east of the future restaurant, and indicated that it would
become a mechanical area for electrical, boiler and chiller equipment. This is clearly shown on a
revised ground floor plan (dated 3- 17 -03) submitted to the ERPB as part of a request for final approval
of a master signage plan for the complex. The previously labeled retail space was now shown as a
mechanical area for electrical, boiler and chiller equipment. The ERPB at its April 15, 2003 meeting
approved the master signage plan. There is no mention in the file or in the minutes of the Board's
meeting that there had been an adjustment to the proposed uses on the ground floor. In addition, there
is no document in the file indicating that the Planning Director had made a finding that the approved
PUD -H plan was changed.
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(4) There is no record in the Planning and Zoning Department's files of any request by the Hospital or
any action by the City to modify the ground floor uses in the garage building. A change to an approved
PUD -H final plan requires City approval. This adjustment can be a minor change which is done by
Administrative approval, or the adjustment could be a major change which requires approval after
public hearings by the Planning Board and City Commission.
(5) Planning Department staff has contacted South Miami Hospital representatives to determine if they
have any record of an approval of the modification of uses on the ground floor and also to provide an
explanation as to why the change was made.
CURRENTSTATUS
Planning and Zoning Department staff and the City Attorney met with representatives of South Miami
Hospital on June 11, 2009. At that time the Hospital was not able to produce any documents which
allowed for the change of use from retail to mechanical equipment rooms. The Planning and Zoning
Director then determined that the subject change to South Miami Hospital Planned Unit Development
Hospital District (PUD -H) must be approved by the City in accordance with the procedures set forth in
the Land Development Code.
The Code Enforcement Department on Friday, June 12, 2009 issued a courtesy code violation notice to
the Hospital. The Hospital can correct the violation by submitting a PUD -H Amendment application to
the Planning and Zoning Department.
Attachments:
Ground Floor Plans:
City Commission 12 -3 -03
ERPB 1 -21 -03
ERPB 4 -15 -03
TJV /SAY
X: \Comm Items\2009 \6 -16 -09 \South Miami Hosp Revised Retail Use. CM Supplemental Report.doc
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CITY OF SOUTH MIAMI
CODE ENFORCEMENT DIVISION
6130 SUNSET DR., SOUTH ML &MI, FL 33143
PH: 305.668.7335 FAX: 305.668'7356..
COURTESY CIVIL INFRACTION NOTICE CC IN #: 09 -446
NAME: South Miami Hospital Dev Fund DATE: 6 -12 -09 TIME: 2:00
ADDRESS :C /O Vincent R. Cicchino Corporate Assistant Vice President FOLIO NO. 09-4036-040-0131
7400 SW 62 Ave South Miami, FL. 33143
RE: 6200 SW 72 Street South Miami, FL. 33143
DURING AN INSPECTION AT THE ABOVE REFERENCED ADDRESS THE FOLLOWING
VIOLATIONS) WAS (WERE) NOTED:
❑ Section 104. 1.1 Florida Building Code It is unlawful to construct Accordingly, the following corrective measures
enlarge, alter, repair, move, remove, or demolish without first obtaining a must be taken:
permit.
❑ Section 12 -5 and 12 -6 of the City's Code of Ordinances. Overgrown lot.
Existence of excessive accumulation or untended growth of
weeds /undergrowth etc. upon any lot, tract or parcel of land.
❑ Section 15 -72 of the City's Code of Ordinances. Junk. Unlawful to
store /leave any building materials, junk, dismantled equipment or debris
within the City.
❑ Sections 15 -35.1 of the City's Code of Ordinances. Abandoned vehicles. It
is unlawful to park, store /leave any motor or other vehicle in a wrecked,
junked, partially dismantled or abandoned condition on private property.
Vehicle(s) must have a valid tag.
❑ Section 13 -1 of the City's Code of Ordinances. License. No person shall
engage in or manage a business required to be licensed by the City without
first having paid the amount of license tax required and complying with all
zoning requirements.
❑ Section 204.3(1) (1) of the Land Development Code. Sign. One temporary
real estate sign per lot not to exceed two Sq. Ft. in total area.
E3Section 11- 21(b) of the City's Code of Ordinances. Domestic trash shall
be placed at the curb for collection not more than twenty four (24) hours
prior to the scheduled pickup'.
❑ Section 204.7 (D)(8) of the Land Development Code. Depreciation of
Surrounding Property. The exterior of every structure shall be maintained
with reasonable attractiveness so as to not, in the case of excessive scaling
of paint or excessive mildew, cause depreciation in neighborhood property
values.
® Section 20- 3.2(B) of the L D C. Application of district
regulations. Total Compliance. No building, structure,
land or water areas shall be used or occupied...
TO WIT: Failure of Total Compliance by structural
alteration and use of building space not in conformity with
regulations specified for the district in which it is located (i.e.
PUD -H)
CmIccin rev.09 /02
® You must correct this violation immediately.
❑ You have 10 days from the receipt of this notice to correct
this (these) violation(s).
❑ You must stop work immediately and obtain all necessary
permits.
YOU ARE HEREBY NOTIFIED TO CORRECT
THE ABOVE VIOLATION(S). YOU MUST
NOTIFY THE CODE ENFORCEMENT
OFFICER IN WRITING WITHIN THE TIME
LIMITS SPECIFIED. VIOLATIONS) NOT
CORRECTED WITHIN THE TIME LIMITS
SPECIFIED WILL RESULT IN A CITATION FOR
CIVIL INFRACTION AND A FINE WILL BE
ASSESSED.
PLEASE CALL (305) 668 -7335 FOR INFORMATION AND
ASSISTANCE. YOUR'COOPERATION WILL BE
APPRECIATED.
Received /posted:
Date
Received by:
So u'r
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INC0708"TEo
1027
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CITY OF SOUTH MIAMI
CODE ENFORCEMENT DIVISION
6130 SUNSET DR., SOUTH ML &Ml, FL 33143
PH: 305.668.7335 FAX 305.668;7356:.
COURTESY CIVIL INFRACTION NOTICE CCIN #: 09 -446
NAME: South Miami Hospital Dev Fund DATE: 6 -12 -09 TIME: 2:00
ADDRESS:C /O Vincent R. Cicchino Corporate Assistant Vice President FOLIO NO. 09-4036-040-0131
7400 SW 62 Ave South Miami, FL. 33143 RE: 6200 SW 72 Street South Miami, FL. 33143
DURING AN INSPECTION AT THE ABOVE REFERENCED ADDRESS THE FOLLOWING
VIOLATIONS) WAS (WERE) NOTED:
❑ Section 104. 1.1 Florida Building Code It is unlawful to construct Accordingly, the following corrective measures
enlarge, alter, repair, move, remove, or demolish without first obtaining a must be taken:
permit.
❑ Section 12 -5 and 12 -6 of the City's Code of Ordinances. Overgrown lot.
Existence of excessive accumulation or untended growth of
weeds /undergrowth etc. upon any lot, tract or parcel of land.
❑ - Section 15 -72 of the City's Code of Ordinances. Junk. Unlawful to
store /leave any building materials, junk, dismantled equipment or debris
within the City.
❑ Sections 15 -35.1 of the City's Code of Ordinances. Abandoned vehicles. It
is unlawful to park, store /leave any motor or other vehicle in a wrecked,
junked, partially dismantled or abandoned condition on private property.
Vehicle(s) must have a valid tag.
❑ Section 13 -1 of the City's Code of Ordinances. License. No person shall
engage in or manage a business required to be licensed by the City without
first having paid the amount of license tax required and complying with all
zoning requirements.
❑ Section 204.3(1) (l) of the Land Development Code. Sign. One temporary
real estate sign per lot not to exceed two Sq. Ft. in total area.
❑ Section 11- 21(b) of the City's Code of Ordinances. Domestic trash shall
be placed at the curb for collection not more than twent}, four (24) hours
prior to the scheduled pickup.
❑ Section 204.7 (D)(8) of the Land Development Code. Depreciation of
Surrounding Property. The exterior of every structure shall be maintained
with reasonable attractiveness so as to not, in the case of excessive scaling
of paint or excessive mildew, cause depreciation in neighborhood property
values.
® Section 20- 5.12(F)(1) of the L D C. Changes in the
Final plan in Reports.
TO WIT: Failure to request approval of a change in an
approved PUD -H site plan.
Csm/ccin rsv.09 /02
® You must correct this violation immediately.
❑ You have 10 days from the receipt of this notice to correct.
this (these) violation(s).
❑ You must stop work immediately and obtain all necessary
permits.
YOU ARE HEREBY NOTIFIED TO CORRECT
THE ABOVE VIOLATION(S). YOU MUST
NOTI_FY THE CODE ENFORCEMENT
OFFICER IN WRITING WITHIN THE TIME
LIMITS SPECIFIED. VIOLATIONS) NOT
CORRECTED WITHIN THE TIME LIMITS
SPECIFIED WILL RESULT IN A CITATION FOR
CIVIL INFRACTION AND A FINE WILL BE
ASSESSED.
PLEASE CALL (305) 668 -7335 FOR INFORMATION AND
ASSISTANCE. YOUR COOPERATION WILL BE
APPRECIATED.
Received /posted:
Date
Received by:
Wilfred S. Hall
CodfEnforcement Officer