HomeMy WebLinkAboutSubmittal - Ulysses Kemp - PZAB Resolution R-19-022Submitted into the blic
Men for i em(s) - 1 4 z2.9.
on S City Clerk
City of Miami
PZAB Resolution
Enactment Number: PZAB-R-19-022
City Hall
3500 Pan Pmencen Drive
Miami, FL 33133
v .miarmgov.com
File ID: 5691 Final Action Date: 6/5/2019
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATT'ACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION,
PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF MIAMI
21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
TO ALLOW A PRE-SCHOOL EDUCATIONAL USE ON THE PROPERTIES
GENERALLY LOCATED AT 4136 NORTH MIAMI AVENUE AND 20 NORTHWEST 42
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Perpetual Love 4128, LLC and Perpetual Love 4136, LLC (the "Applicant")
owns the properties located at approximately 4136 North Miami Avenue (the "Eastern Property")
and 20 Northwest 42 Street (the "Western Property"), as more particularly described in Exhibit
"A," attached and incorporated; and
WHEREAS, the Applicant has applied for an Exception (PZ# 18-299) to allow a Pre -
School Use (the "Pre -School") on the Eastern Property and the Western Property (collectively,
the "Properties") pursuant to Article 4, Table 4 and Section 7.1.2.6 of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, as amended (the "Miami 21 Code"); and
WHEREAS, the Eastern Property has a zoning designation of "T4-L; General Urban
Transect Zone - Limited and a Future Land Use Map ("FLUM") designation of Low Density
Restricted Commercial; and
WHEREAS, the Western Property has a zoning designation of "T3-L.- Sub -Urban
Transect Zone — Limited, and FLUM designation of Duplex Residential; and
WHEREAS, a Pre -School Educational Use is permitted on the Properties in accordance
with Article 4, Table 3 of the Miami 21 Code, as well as the Interpretation of the 2020 Future
Land Use Map Element of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, to the west, the Properties abut a property that is designated 73-L, Sub -
Urban Transect Zone — Limited and Duplex Residential; and
WHEREAS, to the north, the Properties abut property that is designated "T3-L," Sub -
Urban Transect Zone — Limited and 74-1_," General Urban Transect Zone - Limited with FLUM
designations of Duplex Residential and Low Density Restricted Commercial; and
WHEREAS, to the south, the Properties abut property that is designated "T3-L," Sub -
Urban Transect Zone — Limited and 75-0" Urban Center Transect Zone -Open with FLUM
designations of General Commercial and Duplex Residential; and
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WHEREAS, to the east, the Properties abut property that is designated "T3-0," Sub -
Urban Transact Zone - Open, "T4-L," General Urban Transact Zone — Limited, and "T5-O,"
Urban Center Transect Zone -Open with FLUM designations of Low Density Restricted
Commercial and General Commercial; and
WHEREAS, on January 21, 2015, the Office of Zoning issued a Waiver, Waiver No.
2014-0117. for the Eastern Property to allow an office building with a subterranean garage (the
"Structure"), a ten -percent (10%) reduction in required parking, and a dominant setback of five
(5) feet; and
WHEREAS, on February 16, 2018, a Certificate of Occupancy, No. BD15005709CO,
was issued for the Structure as a "Professional Office / Bank/ Financial Institution,' and
s WHEREAS, the Western Property is presently developed with a vacant one-story
residential structure (the "Vacant Lot"); and
WHEREAS, the requested Pre -School shall have no more than 120 students,
approximately 7,038 square feet in classroom space, and a minimum of 17 parking spaces on-
site�and
WHEREAS, the Structure's garage would be reconfigured to allow up to 7 parking
spaces for teachers and staff, and
WHEREAS, a two-lane roundabout will be added to the interior garage to facilitate
queuing for up to 12 vehicles on -site; and
WHEREAS, student drop-off and pick-up shall occur in the subterranean garage; and
WHEREAS, on March 19. 2019, the Miami -Dade County Traffic Engineering Division
submitted to the City of Miami's ("City") Planning staff an approval with conditions for the Traffic
Operations Plan ("TOP") of the Pre -School; and
WHEREAS, on March 21, 2019, the City's Office of Zoning approved the plans for the
Pre -School with the conditions listed in Section 2 of this Resolution; and
WHEREAS, Chapter 33, Article XA, Section 33-151.11 of the Miami -Dade County Code
of Ordinances states that no municipality shall adopt physical standards governing day
nurseries, kindergartens or after school care that are in conflict with or in addition to the
standards contained in that Article, whether more or less restrictive than the standards
contained therein; and
WHEREAS, Chapter 33, Article XA, Section 33-15122 of the Miami -Dade County Code
of Ordinances indicates that the City shall enforce Article XA, titled "Educational and Child Care
Facilities. Nonpublic"; and
WHEREAS, the documents submitted to the City's Planning staff show consistency, with
conditions, with Chapter 33, Article XA of the Miami -Dade County Code; and
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WHEREAS, the plans and documents provided to the City's Planning staff showing the
configuration of the Structure and Vacant Lot for a Pre -School Use are consistent with Article 4,
Table 12, and Article 7, Section 7.1.2.6 of the Miami 21 Code, with conditions; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all
other regulations of the City; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to request to approve the Exception, with
conditions, for the Pre -School at the property located at approximately 4136 North Miami
Avenue and 20 Northwest 42 Street, as more particularly described in Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2*The Exception requested pursuant to Article 7, Section 7.1.2.6 of Ordinance
No. 13113, the Zoning Code of the City of Miami, as amended, is hereby approved subject to
the following conditions:
1. The project shall substantially comply with the Applicant's Letter of Intent, titled
"Amended and Consolidated Letter of Intent", dated May 8, 2019, consisting of 9
pages, and with the notarized signature of William W. Riley, Jr., Esq., except as
modified herein, specifically as to the number of students and the shifts.
2. The project must substantially comply with the plans titled "Centner Academy",
consisting of 10 sheets, digitally signed on May 8, 2019, by Christopher J. Luce,
including the Conditions of Approval of this Exception request.
3. The site plan shall show a controlled access device (boom barrier) for vehicles at
the entrance of the Western Property.
4. The following note shall be added to the site plan for the Western Property: "No
access to the surface parking lot during drop-off and pick-up times".
5. The plans shall include an elevation and material details for a visual screening
measure which shall be used for the parking lot on the Western Property. The
screening shall be consistent with Article 4, Table 12.
6. The Applicant shall provide a revised Traffic Operations (TOP) Form indicating
that parents may only use the subterranean garage during pickup and drop off.
7. The Applicant shall provide material details on plans of the additional security
measures on the rooftop, which shall be consistent with Article 4, Table 12.
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8. In accordance with Section 9.7 of Miami 21. the Applicant shall provide a buffer
along the western lot line of the Western Property to visually screen the parking
lot from dissimilar land uses to the west.
Changes to the hours of operation, number of employees and/or pupil's
registration shall require City review, and if applicable, County, for compliance
with the required standards for schools, as well as to the City of Miami applicable
codes.
10. Validation of student enrollment by a Certified Public Accountant is required the
first Wednesday of every October to the Planning Department to verify student
enrollment. At no time, shall enrollment exceed 120 students of Pre -School Age.
11. The Pre -School Use is granted pursuant to this Exception and is not transferable
to another property.
12. Provide a safety plan for the Pre -School, including but not limited to video
recording cameras for surveillance covering the exterior of the Pre -School.
11 The Landscape Plan for the Pre -School must be designed pursuant to Article 9 of
the Miami 21 Code, Chapter 17 of the City Code and Chapter 18A of the Miami -
Dade Code. The Landscape Plan must obtain the correspondent approval from
Environmental Resources.
14. Signage must be processed under separate permit.
15. The building permit submittal process for this project shall comply with the
requirements of all applicable departments and agencies.
16. As set forth in Section 7.1.1.4.b.8, the Planning, Zoning and Appeals Board, after
a quasi-judicial hearing, may rescind, modify or change any resolution granting
an Exception if, upon application filed by the Director at any time after the grant
of an Exception, the board finds that there has been a violation of any conditions,
restrictions or limitations in the subject resolution. Such a hearing shall not be
held until published notice (per section 62-129 of the City Code) has first been
given. If the Director, upon written request of any aggrieved party, refuses or fails
to make an application for such rescission, modification or change, the aggrieved
party may request the City Commission, through the City Manager, to instruct the
Director to do so. The decision of the board shall be appealable to the City
Commission in the same manner as an appeal of a board decision regarding an
Exception.
17. Pursuant Article 7 Section 7.1.2.4.c.4 A Warrant shall be valid for a period of two
(2) years during which a building permit or Certificate of Use must be obtained.
This excludes a demolition or landscape permit. A one-time extension, for a
period not to exceed an additional year, may be obtained if approved by the
Planning Director.
18. Prior to the issuance of a building permit, the Applicant shall obtain a Traffic
Sufficiency Letter from the City of Miami.
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19. As voluntarily proffered during the public hearing, arrival and dismissal times
shall be staggered as indicated in the Letter of Intent and each shift shall have no
more than forty (40) students per shift with a maximum of one hundred and
twenty (120) students total.
Section 3. This Resolution shall be effective immediately upon its adoption.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION
WITHIN FIFTEEN (15) DAYS.
1 Ffancisco Garcia Director Execution Date
." Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
r�,l
PersonallyCiyof appeared i odors me. the undersigned authority,µ iCa - , Clerk ti the Planning, Zoning and Appeals Board of
the City of Miami. Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS �� DAY OF ���201_` I
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PnM Notary Name / Nol ry Public Slateof Florida
Personally know _ or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
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