HomeMy WebLinkAboutR-91-0081p
J-90-1052
1/24/91
RESOLUTION NO. 91 81
A RESOLUTION, WITH ATTACHMENT, APPROVING A
MAJOR USE SPECIAL PERMIT WITH CONDITIONS, AS
AMENDED, PURSUANT TO ARTICLE 17, ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, FOR THE
ALLAPATTAH CHILD CARE CENTER PROJECT TO BE
LOCATED AT APPROXIMATELY 1500-38 NORTHWEST
16TH AVENUE (ALLAPATTAH MINI -PARK; MORE
PARTICULARLY DESCRIBED HEREIN), TO BE
COMPRISED OF A NONPROFIT CHILD CARE FACILITY
FOR AREA RESIDENTS, WITH CAPACITY FOR 80
CHILDREN AND MAXIMUM OF 5,000 SQUARE FEET OF
BUILDING AREA ON ONE LEVEL AND INCLUDING A
PARKING AREA COMPRISED OF EIGHT PARKING
SPACES AND A DROP-OFF AREA; ESTABLISHING AN
EXPIRATION DATE; MAKING FINDINGS; DIRECTING
THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO
THE DEVELOPER; PROVIDING THAT THE MAJOR USE
SPECIAL PERMIT SHALL BE BINDING ON THE
APPLICANT AND SUCCESSORS IN INTEREST;
PROVIDING FOR RELIANCE ON THE APPLICATION AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Allapattah-Wynwood Community Development
Center, Inc. has filed a Major Use Special Permit application
pursuant to Articles 4 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, the preliminary plans for a day care facility
tentatively called "the Allapattah Child Care Center" have been
reviewed, and it has been determined that it is efficient,
convenient and accessible; and
WHEREAS, development of the Allapattah Child Care Center
requires the issuance of a Major Use Special Permit pursuant to
Article 17 of Ordinance No. 11000, the Zoning Ordinance of the
City of Miami, Florida, as amended; and
WHEREAS, the Allapattah-Wynwood Community Development
Center, Inc. representatives and Cesar H. Odio, City Manager of
the City of Miami, have jointly submitted an application for a
Major Use Special Permit for the Allapattah Child Care Center;
and
CITY CaMaI�dISSION
MEETIEG OF
J A N 24 1991
91- 81
RESOLUTION No.
WHEREAS, the City of Miami Commission, at its meeting of
January 12, 1989, adopted Resolution No. 89-42, APPROVING IN
PRINCIPLE, the use of city -owned Allapattah mini -park for the
purpose of providing a low cost day care-4 center; and
WHEREAS, the City of Miami Commission, at its meeting of
November 8, 1990, adopted Resolution No. 90-853 APPROVING
issuance of a REVOCABLE PERMIT for the use of space in Allapattah
Mini -Park by the Allapattah-Wynwood Community Development Center,
Inc. ("Applicant/Permittee") for the development of a Child Care
facility; and
WHEREAS, it is understood that the City of Miami's sole
interest in joining said application for this Major Use Special
Permit is based on the fact that the City owns the subject land
upon which the project is to be constructed; and
WHEREAS, the City of Miami has no proprietary interest in
the proposed project or any of the applications for this Permit;
and
WHEREAS, it is clearly intended and understood by all
parties that all conditions herein applying to the
Applicant/Permittee shall be the sole responsibility and
obligation of the Applicant/Permittee, Allapattah-Wynwood
Community Development Center, Inc., as grantees under Resolution
No. 90-853, and Developers of the Project; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of December 5, 1990, Item No. 3, following an advertised public
hearing, adopted Resolution No. PAB 80-90 by a vote of 9 to 0,
RECOMMENDING APPROVAL of the Major Use Special Permit for the
Allapattah Day Care Center; and
1
WHEREAS, the City Commission, during a public hearing, has
considered the Application for Major Use Special Permit; and
WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
- thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A Major Use Special Permit, attached hereto as
Exhibit "A" and made a part hereof, is hereby approved with
conditions pursuant to Article 17 of Zoning Ordinance No. 11000,
for the Allapattah Child Care Center Project (the "PROJECT") to
be developed by Allapattah-Wynwood Community Development Center,
Inc. ("Applicant/Permittee") at approximately 1500 Northwest 16th
Avenue, Miami, Florida, more particularly described as Lot 43,
BLANTON PARK SUBDIVISION, as recorded in Plat Book 9, at Page 58,
of the Public Records of Dade County, Florida, together with Lot
1 in Block 2 of ALLAPATTAH MANOR, as recorded in Plat Book 16, at
Page 6, of the Public Records of Dade County, Florida.
Section 3. The City Commission hereby finds that the
addition of a Day Care Center in the Allapattah Mini Park is
consistent with PR Zoning designation and the Recreation land use
designation.
Section 4. The City Commission hereby makes these findings
of fact, set forth below, with respect to the subject PROJECT.
a. The PROJECT is in conformity with the adopted
Miami Comprehensive Neighborhood Plan 1989-2000,
as amended.
b. The PROJECT is in accord with the district zoning
classification of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as
amended.
C. Pursuant to Section 1305 of the Zoning Ordinance
i
of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and
egress, off-street parking and loading, refuse and
service areas, signs and lighting, utilities,
drainage, preservation of natural features and
control of potentially adverse effects generally,
have been considered and will be further
considered administratively during the process of
issuing a building permit and a certificate of
occupancy.
d. The PROJECT is expected to cost $316,000.00, to
employ a full time equivalent of approximately 28
workers during construction, and to result in the
creation of 13 permanent new jobs.
Section 5. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on
the economy of the City;
(2) the PROJECT will efficiently use public
transportation facilities;
(3) the proposed parking for the PROJECT is
efficient, convenient and accessible;
(4) the PROJECT will favorably affect the need
for people to find adequate day care services
reasonably accessible to their places of
employment;
(5) the PROJECT will efficiently use necessary
public facilities;
(6) the PROJECT will not negatively impact the
environment and natural resources of the
City;
(7) the PROJECT will not adversely affect living
conditions in the neighborhood;
(8) the PROJECT will not adversely affect public
safety;
(9) the public welfare will be served by the
PROJECT; and
(10) any potentially adverse effects of the
PROJECT arising from safety and security,
fire protection and life safety, solid waste,
trees, minority participation and employment,
and minority contractor/subcontractor
participation will be mitigated through
compliance with the conditions of this Major
Use Special Permit.
Section 6. The Major Use Special Permit, as approved herein
shall be binding upon the Applicant/Permittee and any successors
in interest.
Section 7. The application for Major Use Special Permit
which was submitted by the Applicant/Permittee on
November 14, 1990, and which is on file with the Planning,
Building and Zoning Department of the City of Miami, Florida,
shall be relied upon for administrative interpretations and is
made a part hereof by reference.
Section 8. This Major Use Special Permit will expire two
(2) years from its effective date.
Section 9. The City Clerk is directed to transmit a copy of
this Resolution and attachment to the developers:
Allapattah-Wynwood Community Development Center, Inc., 2653
Northwest 22nd Court, Miami, Florida 33142.
Section 10. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day 9* January , 1991.
PREPARED AND APPROVED BY:
L E. MAXWELL
y
EF ASSISTANY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
I 1'\ /\A
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CI ATTORNE
JEM/db/M1944
EXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO. 91-81
ALLAPATTAH CHILD CARE CENTER MAJOR USE SPECIAL PERMIT
Let it be known that pursuant to Articles 4 and 17 of Ordinance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended, the Commission of the City of Miami, Florida has
considered in a public hearing, the issuance of a Major Use
Special Permit to Allapattah-Wynwood Community Development
Center, Inc. ("Applicant/Permittee") for development and
operation of a Day Care Center in the Allapattah area
("PROJECT"). The PROJECT will be located at approximately 1500
Northwest 16th Avenue, Miami, Florida, more particularly
described as Lot 43, BLANTON PARK SUBDIVISION, is recorded in
Plat Book 9 at Page 58 of the Public Records of Dade County,
Florida, together with Lot 1, in Block 2 of ALLAPATTAH MANOR, as
recorded in Plat Book 16, at Page 6 of the Public Records of Dade
County, Florida.
After due consideration of the recommendations of the Planning
Advisory Board and after due consideration of the consistency of
this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission hereby takes the following
actions:
Approval of the subject Application for a Major Use Special
Permit, is subject to the following:
SUBSTANTIALLY IN CONFORMANCE WITH THE SUBMITTED PLANS.
The PROJECT conforms to the requirements of applicable zoning
district(s), as contained in Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended. No zoning
variances or special exceptions are contemplated for execution of
the PROJECT. The comprehensive plan future land use designation
allows the proposed use. The PROJECT also contains suggestions
received from the Miami Large Scale Development Committee
Meeting. The PROJECT will be constructed substantially in
accordance with plans and design schematics on file and prepared
by Octavio A. Santurio, A.I.A. dated November 20, 1990.
The PROJECT, as defined above, meets the requirements for the
designation and for the issuance of a Major Use Special Permit
Development Order.
CONDITIONS
THE APPLICANT/PERMITTEE, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY
OR SEVERALLY, SHALL:
1. meet all requirements of applicable building codes, land
development regulations, ordinances and other laws;
2. provide a list of agencies from which approvals and/or
permits must be obtained prior to initiation of development
and the permit or approval required of each within six (6)
months from the issuance of this Major Use Special Permit;
3. provide a letter from the Fire, Rescue and Inspection
Services Department indicating APPLICANT/PERMITTEE'S
coordination with members of the Fire Plan Review Section at
the Fire Rescue and Inspection Services Department in the
review of the scope of the PROJECT, owner responsibility,
building development process and review procedures, as well
as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply within
six (6) months from the issuance of this Major Use Special
Permit;
4. provide a letter of assurance from the Solid Waste
Department within six (6) months from the issuance of this
Major Use Special Permit;
5. plant and/or relocate all required trees at the
APPLICANT/PERMITTEE'S expense and such trees shall be
maintained alive and healthy for one year, provided further,
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that if the one existing oak tree, now scheduled for
removal, is actually removed, then another oak, satisfactory
to the Planning, Building and Zoning Department, shall be
planted either on the site or at a location designated by
the Department, by way of mitigation;
6. prepare a Minority Participation and Employment Plan which
shall be submitted within ninety (90) days of the issuance
of this Major Use Special Permit to the City's Director of
Minority and Women Business Affairs for review and comments,
it being understood that the City's Minority/Women Business
Affairs and Procurement Ordinance 10538 is a guide that the
APPLICANT/PERMITTEE shall use its best efforts to follow;
7. prepare a Minority Contractor/Subcontractor Participation
Plan within ninety (90) days of the issuance of this Major
Use Special Permit to the City's Director of Minority and
Women Business Affairs for review and comment, it being
understood that the City's Minority/Women Business Affairs
and Procurement Ordinance 10538 is a guide that the
APPLICANT/PERMITTEE shall use its best efforts to follow;
8. with respect to the revocable permit, granted, in principle,
by Resolution 89-42 dated January 12, 1989, and confirmed by
Resolution 90-853; dated November 8, 1990, hereby agree that
if the City, for any reason, revokes the permit, then the
day care facility and furnishings shall, concurrent with
said revocation, revert to the City at no cost to the City,
and the APPLICANT/PERMITTEE shall not contest said
revocation in court;
9. permit the general public to use the facility at any time,
when not in actual use for day care purposes, and hereby
agrees to same;
10. give priority to children of families of residents of the
City of Miami, and hereby agrees to same;
11. furnish a copy of the annual audit, which is otherwise
required by grant agencies, to the City Manager; and
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91- 81
12. obtain a building permit within one year from the effective
date of this Major Use Special Permit.
THE CITY SHALL:
1. Subject to payment of all applicable fees due, establish the
effective date of this Major Use Special Permit as being the
date of City Commission approval, with said effective date
constituting the commencement of the 30 day period to appeal
from the provisions of this Permit.
All Conditions Accepted By
Applicant/Permittee:
ALLAPATTAH-WYNWOOD COMMUNITY
DEVELOPMENT CENTER, INC.
By:
President
By:
Secretary
STATE OF FLORIDA)
)S.S.
COUNTY OF DADE )
I hereby certify that on this day, before me, officers duly
authorized in the county and state aforesaid, personally appeared
Lilian Fernandez and Jesus R. Salvador , to me known to
be the persons described in and who executed the foregoing
instrument, and they acknowledged that they executed this
document for the purposes therein expressed.
WITNESS MY HAND and official seal on this 27th day of
February , 1991.
N tary Public, State of Flor a
at Large
My commission expires:
'OFFICIAL NOTARY SEAL'
MISLEYDI MMTECELO
NOTARY PUBLIC STATE OF FLORIDA
nY Canmiatinn Ems. OCT 20,1992
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MA1TY HIRAI
City Clerk
February 25, 1991
Allapattah-Wynwood Community Development Center, Inc.
2653 N.W. 22nd Court
Miami, FL 33142
RE: ALLAPATTAH CHILD CARE CENTER PROJECT
Dear Sirs:
CESAR H. ODIO
City Manager
Enclosed herein please find a copy of Resolution No. 91-81, which
was passed and adopted by the City of Miami Commission at its
meeting held on January 24, 1991, and which is self-explanatory.
On behalf of the City of Miami, thank you for your attention.
V truly yours,
TTY HI
City Clerk
MH:vg
Enc. a/s
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OFFICE OF THE CITY CLERK/35W Pan American Drive/P.O. Box 330700/Miami, Florida 33233-0708/(30S) 250-S360
91- 81
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Matty Hirai DATE : March 6, 1991 FILE
Cit Clerk
At .:lvia Lowman SUBJECT : Allapattah Child Care
GKC . 40 Center MUSP
FROM: Gel E . Maxwell REFERENCES
Chief Assistant City Attorney
Planning/Development Division ENCLOSURES: 1
i
Enclosed please find the Major Use Special Permit for the
Allapattah Child Care Center Project which has been properly
executed by the President and the Secretary of the
Allapattah-Wynwood Community Development Center, Inc. If you
should have any further questions, please feel free to contact me
at Extension 6700.
JEM/db/P1242
Attachment
413
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91- 81
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Joel Maxwell, Chief Asst. City Att. DATE:
Law Department
SUBJECT
Joseph rjd� A s i �1!a- 'bi rector
FROM: Planning, Building and Zoning DepartmenAFERENCES
ENCLOSURES:
March 1, 1991 FILE
Allapattah Child Care Center
Project
Attached, for transmittal to the City Clerk, is the original of Resolution 91-
81 (J-90-1052) for the Allapattah Child Care Center Project signed by the
President and the Secretary of the Allapattah-Winwood Community Development
Center, Inc., Applicant/Permittee for the Major Use Special Permit on this
project.
Attachments
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91- 81
APPLICANT
PETITION 3.
REQUEST
RECOMMENDATION
PLANNING DEPARTMENT
BACKGROUND
PZNI5
PLANNING FACT SHEET
City of Miami Planning, Building and Zoning
Department: November 14, 1990
Lot 43
BLANTON PARK (9-58) PRDC
Lot 1
Block 2
ALLAPATTAH MANOR (16-6) PRDC
Consideration of recommending approval of a
Major Use Special Permit, per Article 17 of
Zoning Ordinance 11000, to permit construction
and operation of a major structure in an
existing park --a day care facility in Allapattah
Mini -Park.
To construct and operate a child day care
facility in Allapattah Mini -Park.
Approval.
ANALYSIS This proposal is to construct and operate a day
care center for lower income families in the
Allapattah Mini -Park. The 5,000 square foot one
story building and the paved parking lot for 8
vehicles will occupy a substantial portion of
the 13,000 square foot lot.
The facility will accommWate 80 children and 5
staff members. The operation of this facility
should not result in any adverse impact -
considering that children will be housed in the
facility whMas they may formerly have played -
in the mini -park.
RECOMMENDATION
PLANNING ADVISORY BOARD At its meeting of December 5, 1990, the Planning
Advisory Board adopted Resolution Number PAB 80-90
by a 9 to 0 vote, recommending approval of the
above.
Three replies AGAINST and thirteen in FAVOR were
received by mail.
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APPLICATION FOR A MAJOR USE SPECIAL PERMIT
File Number MU- -
It is intended that major use special permits be required where specified
uses and/or occupancies involve matters deemed to be of citywide or area -wide
importance.
The City Commission shall be solely responsible for determinations on applica-
tions for major use special permits. (See Article 17)
The City Commission shall refer all applications for major use special permits
to the Planning Advisory Board and to the Director of the Department of
Planning, Building and Zoning for recommendations, and may make referrals
to agencies, bodies, or officers, either through the Department of Planning,
Building and Zoning or directly for review, analysis, and/or technical
findings and determinations and reports thereon. (Section 1301.S.)
I, Cesar Odio , hereby apply to the Director of Planning, Building
and Zoning of the City of Mimi for approval of a Major Use Special Permit
under the provisions of Article 17 of the City of Mimi Zoning Ordinance.
Address of Property: 1500 NM 16th Avenue Miami F1 33142
Nature of Proposed Use (Be specific):
Construction of a child care facility for the area residents
Preliminary Application
I attach the following ift support or explanation of the Preliminary Applica-
tion:
1. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor. W _
2. Affidavit disclosing ownership of property covered by application and
disclosure of interest form (attach Forms 4-83 and 4a-83 to application.
3. Certified list of owners of real estate within a 375-foot radius from
the outside boundaries of property covered by this application (attach
Form 6-83 to application).
4. Maps of: (a) existing zoning and (b) adopted comprehensive plan designa-
tions for areas on and around the property covered by this application.
S. General location map, showing relation to the site or activity to major
streets, schools, existing utilities, shopping areas, important physical
features in and adjoining the project, and the like.
6. Concept Plan
(a) Site plan and relevant information. Section 1304.2.1 (d through h).
b Relationships to surrounding existing and proposed future uses, and
activities, systems and facilities (Section 1702.3.2a).
(c).Hm concept affects existing zoning and adopted comprehensive plan
principles and designations; tabulation of any required variances,
special permits, change of zoning or exemptions (Section 1702.3.2b).
7. Developmental Impact Study (an application for development approval for
a Development of Regional Impact may substitute).
Page 1 of 2 9 -- 81
APPLICATION FOR A MAJOR USE SPECIAL PERMIT (Continued)
8. Other (Be specific):
9. Fee of $3,000 , based on Ordinance 10396. (See Attached Nemo)
Additional fees for any required special perimits, changes of zoning, or
variances shall be in accord with zoning fees as listed in Section 62-61 of
the City Code and Ordinance 10396.
Fee tabulation:
Buildin (s):
Other Specify):
Total:
Final Application
I attach the following additional information in support or explanation of
the final application:
See Attached Copies
Signature A�Z�
owner or Authorized Agent
Name: Cesar Odio, City of Mimi ManagerAddress: 3500 Pan American Drive
City, State, Zip: ,Niamit FL 33133 Phone:
This application is [ ] approved [ ] denied
in accord with City Commission Resolution Number:
Other:
Sergio Rodriguez, Director
Planning, Building and Zoning Department
Date:
Page 2 of 2
The purpose for our request for a major use permit is to build a Non -Profit
Child Care Center for the area of Allapattah and Wynwood. This low-income area;
needs a project like this one for the residents of the area.
The Allapattah-Wynwood Community Development ,Inc. is committed in making
this project a reality.
The city of Miami has granted our organization the use of this Mini -Park
located at 1500 N.W. 16th Ave. Miami,Florida. Resolution 89-42 explains the
approval of the use of space in principle,to provide Day Care for the low income
families of the area. Our firm has been awardelfunding by the State of Florida
for the construction of this facility. And finally the City of Miami Commission
passed a final resolution on November 8th,1990 (Item CA-9) J-90-940, approving
the use of space and issuance of a Revocable Permit.
(SEE COPIES BELOW)
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req n --: h-1 Cr�".�e No. l l000 c£ the Code of the Cif of Miaaa. 710:7 .;a.
effetm! g ha real proper v... lc=ed ::. the Citq of M11-jla as desc. ibed and
listed ca the pages a�Yac:�.� to tris a+:i avic a."= zade a part- ,».ereof .
2. 'Prat &U owmem wni&. he reprezc=. _= any, rave g=vwi L:ieir
_f LL 1. and caamiete p--tsioa for him to a= in the; behalf £or the (=mp
or m-A4 f! i= of a cI mssification or of zort4 as set cat :,a
the acc�.......�r3 'mg petiYian.
3. That the Fages atra== hereto and made
a part
of t."is
affidavit
cam; n the cz.^ze= = mes, = I'rg adds ernes.
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submitted !a cm- with this are true and come=
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Notary ftbMx, State of Florida at Lame
V Cccild 41:!d = •fames:
NOTARY PUBLIC STATI OF n*&MA
:R CtfMISSION EXP. APR.26,1994
BONDED THRU CENTRAL ::IS. UND.
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_ecal description and st_-*et address of s='-ec. real prcoerr.�:
Lot 43, Blanton Park (9-58) and Lot 1, Block 2, Allapattah Manor
(16-6) 1550 NW 16 Avenue
2. Ownerts) of subject real crvoerty and percentage of owneranin.
Vote: City of Miami Ordinance No. .419 requires disclosure of all parties
na ina a financial interest, either direct or indirect, in the suojecr-
matter of a presentation, request or petition to the City Commission.
accordingly, question *2 requires disclosure of all sharenolders of
corporaticns, taneticiaries of trusts, and/or any other interomed parties,
together with their addresses and proportionate interest.
City of Miami, FLorida-100%
c/o Cesar Odio, City Manager
3500 Pan American Drive
Miami, Florida 33133
3. Legal description and street address of any real property (a)
;caned by any pasty listed in answer to question s2, and (b) located within
175 feet of the subject real property.
None
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0 v . being duly mc=, deposes and
tys trat no is the (•wner j t Attorney =or Owner) of the real property
:scri ed in answer to question vl, abmej that he has red the f - gaing
wars am that the same are true and c=ga*tes and (if acting as attorney
)r owner that he has authority to execute this 0 of Ownership
on oehalf of the owner.
(SEAL)
�: amen
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nanda at Lazge MTARY PUBLIC STATE OF FLORIDA
My MWISSION LIP. ARY.20 'GU
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