RESOLUTION 90-20179 RESOLUTION NO. 90-20179
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH AFFIRMING THE
DECISION OF THE PLANNING BOARD WHICH DENIED AN
AMENDMENT TO A CONDITIONAL USE PERMIT FOR
EXPANSION OF AN ADULT CONGREGATE LIVING
FACILITY AT 1753 MICHIGAN AVENUE.
WHEREAS, an application was made to the department of Planning
and Zoning for an amendment to a Conditional Use Permit which
sought to allow 19 beds at an Adult Congregate Living Facility
(ACLF) where 12 beds are allowed; and
WHEREAS, on September 25, 1990 a public hearing was held by
the Planning Board which voted 4-2 for the amendment, and as the
request required five affirmative votes the amendment was therefore
denied.s and
WHEREAS, the applicant has appealed the Planning Board ' s
decision to the City Commission pursuant to Section 17-4G of the
City' s Zoning Ordinance; and
WHEREAS, pursuant to the Administration ' s report dated
November 7, 1990 (attached hereto as Exhibit "A") which includes
the basis and grounds for the Planning Board' s decision, the City
Commission desires to affirm the decision of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
Section 1. That the decision of the Planning Board of
September 25, 1990 regarding the Amendment to the Conditional Use
Permit for the ACLF at 1753 Michigan Avenue is hereby affirmed.
PASSED and ADOPTED this 21st day of November
1990.
L L A
YOR
ATTEST:
FORM APPROVED
. - CITY CLERK LEGAL
� DEPT.
By
a: \ACLF.RES e �.
Date f
eat, Neal e Feete%
FLORIDA 3 3 1 3 9
1* INC*ORATED j*: ' V A C°A TIO N1,.4 NIS' U. S. A.
26_--
OFFICE OF THE CITY MANAGER CITY HALL
ROB VV.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. E4qa__-90
DATE: NOV. 7 , 1990
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Rob W. Parkins
City Manager
SUBJECT: APPEAL OF PLANNING BOARD DECISION RELATIVE TO A REQUEST
FOR APPROVAL OF A SUBSTANTIAL AMENDMENT TO AN APPROVED
CONDITIONAL USE FOR THE EXPANSION OF AN ADULT CONGREGATE
LIVING FACILITY AT 1753 MICHIGAN AVENUE. (FILE #1062)
APPEAL SUMMARY
On September 25, 1990, the applicant, Florence Black, came before
the City of Miami Beach Planning Board requesting approval of a
substantial amendment to an approved Conditional Use for the
expansion of an Adult Congregate Living Facility (ACLF) , from 12
to 19 beds at 1753 Michigan Avenue. After the public hearing was
closed and due deliberation, the Planning Board voted four (4) in
favor and two (2) against the request. Accordingly, the item did
not gain approval, since a minimum of five (5) favorable votes from
the Planning Board is required.
On October 2 , 1990, the Planning Director received a request for
an appeal of this decision by the Planning Board from Mr. Nelan
Sweet, Esquire, on behalf of Florence Black. In accordance with
Section 17-4G of the City' s Zoning Ordinance, this appeal letter
was found, to be in good order and was filed appropriately within
the 15 days of the date on which the Board reached a decision. The
Ordinance further requires that an appeal shall be placed on the
City Commission agenda within 45 days of receipt of the appeal
request.
In order to reverse, amend or modify a Conditional Use decision of
the Planning Board or of the Planning and Zoning Director, the
Commission must find that the Board or Director acted arbitrarily
or capriciously in abuse of their/his discretionary powers. A vote
of at least five (5) members of the Commission shall be required
in order to reverse a decision of the Planning Board.
PROPOSED PROJECT ANALYSIS
PROJECT: The proposed project consists of the construction of an
additional 1, 065. 73 square feet of floor area to an existing 3 , 037
square foot structure. The majority of new construction
(approximately 693 . 73 square feet) is located at the rear yard of
the property and incorporates three (3) bedrooms and one (1) bath.
There is a proposed 300 square foot .addition on the northwest
(front) area of the property for an office/reception area and
storage. A 72 square foot addition on the south area provides a
laundry room. The proposed project also includes three (3) off-
street parking spaces.
I
AGENDA 3 •
ITEM r
DATE
V21c;1O
ZONING: The subject property is located in the RM-1, multiple
p P Y
family,
`low intensity zoningzonin .district. .This area permits an ACLF
' under the Conditional Use Review procedure.
.••
LND1JE The .aea --surrounding --the subject property
is
• Predominatel •.sin le .family .reSidences to. the west, with multiple
familystructures to the north and northeast. The proposed reest
isw' the surroundingland uses and is compatible with
_ . .. �, consistent .nth_
•. _ ,the neighborhood. (see .attached Land Use Map)
PROPERTY 'S HISTORY: The property operated as a similar facility
twelve
prior to the CityCommission approving the structure for
P adopted in 1983 .
beds in 1982 . The ACLF Ordinance was subsequently p
Subsequently, property
theowner made application in May 1987 for
the expansion of the ACLF which involved new construction on the
adjacentproperty.
The City Commission approved the application
-for •72 beds on July 1987 , with several conditions and revisions,
• creas in .the number of ACLF beds to 84 .-. I n May 1989, the
. ,_ -, •thereby. �n g
owner re
• - ested.'--two_ after-the-fact nine-month. extensions of time
qu.
- in order. toi.obta in a- building permit and -Certificate -of Occupancy.
.The.- Planning.--Board •granted 'the _two- extensions of time, the last of
;which expires .in November 1990.
bought - the roperty, described
The applicant; _.Florence Black,-., g �P .
all as Lot 14 ' Block 20 in March 1990, and assumed its
- .,.leg � �
. operation the adjoining
as an ACLF with twelve (12) approved beds ;
- ant parcel to the south was not included as part of the sale.
.vac
PLANNING AND ZONING DEPARTMENT'S REVIEW
In accordance with Section 17-4B the Planning and Zoning Department
. applied the review guidelines ines for Conditional Uses to this project.
.
As such, these are as _follows:
. 1. - _ The -application< is -consistent -with the Comprehensive
Plan.
CONS ISTENT - .ACLFs are permissible - in. this- - zoning
district.
- _ _ 2. The, zn tended use will no_t- result _ in an impact that will
- exceed 'the- thresholds for- the levels of service as set
forth in the Comprehensive Plan.
CONSISTENT - The existing infrastructure will not be
adversely affected.
3 . The structure and use associated with the request are
consistent -with. the Zoning Ordinance.
.-CONSISTENT---t . The. proposed .use- is generally -supportive
- _--
o� �i� o �e b' ctive; however-, several- minor variances will
.
- .-..be. required.
-.4 . The -,public health, safety, • morals; and general welfare
will not be adversely affected.
CONSISTENTThe proposed use supports this objective
-
with recommended alterations.
5. Adequate off-street parking facilities will be provided.
INCONSISTENT - The proposed request provides only three
four off-street parking spaces that are required;
of
furthermore, these spaces need to be redesigned so as not
to utilize City property for back-out area.
g
6. Necessary
safeguards will be provided for the protection
of surrounding property, person and neighborhood values.
CONSISTENT -
The proposed intensity of use supports this
objective.
The Planning and Zoning Department made the determination that the
. proposed project generallymeets the mandatory requirements, of a
se and� further, -that it is in substantial compliance
Conditional U withseparate. the. se arate review criteria for .ACLFs. These criteria are
as follows:
1.• scale,Smaller 6-16 resident facilities, are encouraged
- _. in order-to • rovide a non-institutional environment.
Cityshould encourage equal distribution of
2 . The 9
facilities serving various income groups.
3 . Facilities located in newly constructed buildings should
be encouraged.
4 . The location of facilities should be compatible with the
City'sP.Comprehensive Plan and all other adopted
neighborhood plans.
. I�:ander=to .enconra e•gea raphic distribution, facilities should -riot be :located within 1,.500 of another . facility.
'REVIEW -BY Y OTHER"DEPARTMENTS
• - -__Comments- from other 'City .Departments- were as follows:
Code Enforcement - There are no violations at this time.
. Previous, minor violations have been corrected.
Fire - The hydraulic calculations for the sprinkler system need
automatic sprinkler protection
verified. The concealed space
to be P •
to be addressed per the National Fire Protection Association
needs
Paamph l e t 13 .
- Legal - The request-is properly before the Planning Board and does
-not constitute .a variance.
Public Works -- Propergarbage facilities need _to be - provided as
- P under
_well_ as a grease - interceptor,. utilities must be placed underground,
g
and necessary sections of sidewalk, curb and gutter should be
removedP
and. replaced. The parking .area should not allow backing
- --� -' -=�_ the street• = also . the parking area's drainage is not
_ up into
permitted to connect to the City' s storm sewer -it Trust -discharge into a driven drainage well and gas and oil chamber on private
property.
- The parkingarea requires City Commission and/or Public
Zoning �,
Works .a roval ..due to its siting and use of city- property for
PP
- backing out. The roposa.l -also __requires .four (4) 'Nut
-king spaces.
P
- - '-.variances. are-necessary necessa for the-re .d-quire -north,:-east and _south yard
pari �
-- .setbacks. - The recreation room area requires an additional 55
square feet 'to •meet . the City Code requirement established for
-ACCP #
s. Unit - 6 •is. too small (242_ square feet) -- for three . beds,
It must have at least 300 square feet and an additional bath must
be added.
PLANNING AND ZONING DEPARTMENT RECOMMENDATIONS
The Department recommended to the Planning Board that the request
p
for approval of a substantial amendment to an approved conditional
use for the expansion of an adult congregate living facility at the
location
in question should be approved, subject to the following
conditions:
1 . The sprinkler system calculations and its concealed space
automaticP rotection shall be approved by the Fire
Department.
2 . All utilities must be placed underground, propergarbage
grease and interceptor must be provided and
any necessarysections of sidewalk, curb and gutter
replaced.
be redesigned ned to eliminate backing
3 . The parking area shall � I f
• street and to provide proper drainage.
out into the _
cannot accommodate four (4) parking spaces,
such redesign must be
a parking impact fee will be required. Approval
P 9 � of public property
obtained from the city for the use
(right-of-way) for parking .
_
4 . Variances must be approved by the zoning Board of
• the following: northwest side setback,
Adjustment for 9
north concrete air conditioning pad setback, northeast
(rear) setback, east setback and south side ramp and
concrete pad setback.
room must be enlarged The recreation to incorporate an
additional 55 square feet as required by the City Code
for ACLFs.
Unitonlycontain two (2) beds with its 242
6. #6 shall
square feet. and a bath shall be added to serve this unit.
• receive a permanent HRS license prior
� . The applicant shall . anc or
'to 'the Cityissuing a Certificate icate of Occupancy
Occupational License.
PLANNING BOARD ACTION
the PlanningBoard at it' s meeting of
As previously. described,
1990, voted four (4) to two (2) in favor of this
September 2 five (5) members of the
project; a favorable vote e of at least
prod ,
necessary for the approval of the Conditional
Planning Board was ne Y
Use; therefore, the item failed.
• the reasonsgiven by the Planning Board
The following synopsises membersthey � •
as to whyvoted against approving this
Conditional
Use:
a. The site, only 5 0 feet in width, is insufficient in size
to- allow for a 19 bed facility.
insufficient landscape buffers and
where are nd setbacks.• n a roblem
c.
There is inadequate parking, thereby creating P
now or. in the
future as the area becomes more develops .
in the rear is insufficient; it would
d. The 11 ft. setback
deprive the rear adjoining property owner
of normal
setbacks and
therebyadversely affect adjacent property
values. and to
the property owner to the rear wanted to exp
e. If p P y
within 20
ft. of the rear line, that person's light and
air would be jeopardized because of the smaller setback
on the property in question.
f. Additional prop y to
property should be acquired to accomodate
_
parking for both employees and guests.
P g bythe property owner directly
g. Based on a comment made P P, the
street, there was a question raised as to
across the s �
proper management of the facility and to the situation
of certain clients of the ACLF walking around the
neighborhood.
Prior to voting on the matter, it was made clear by one of the
to the
members that he wanted a parking solution to be provided
Board prior to its consideration of granting approval 1 o f the
Conditional Use.
CONCLUSION
Commission must make a
Based on the foregoing, thedecision as toitraril and
whether
or not the Planning Board acted arb Y
• their discretionary powers relative to
capriciously in abuse of
this Conditional Use. A vote of at least five (5) members of the
Commission is required in
order to reverse the decision of the
Planning Board.
It is the opinion of the Planning and Zoning Director that the
Planning Board raid not . act -arbitrarily 'or . capriciously in the
review -sof this .matter and that it's decision should stand. •
• 'ADMINISTRAT1013. yecoggliDATION
. The : Administration concurs with the . Planning and Zoning
. Department's opinion that the Planning . Board did - not act
arbitrarily or capriciously in the review - of - .this - matter.
• - Therefore, it recommends that the decision of the Planning Board
be upheld.
RWP:DJG:jm
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ORIGINAL
RESOLUTION NO. 90-20179
Affirming the decision of the Planning
Board which denied an amendment to a
conditional use permit for expansion of an
Adult Congregate Living Facility at
1753 Michigan Avenue.