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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: -2- L] 0 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 EZ 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, -2- 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 -3- 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 .4- V 1 mi -f of �fitoanv 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 q l- 21 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 «� r r, � r ` r. co tj 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 JWM/RL/rl _- UJ i ~ nY' 1•e ~ ­4 -` _ ' y Z a V On (V 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. �1- 81 I W i�9ftl�'!161 NEW '11, 1 Malik SLLW u +1 TE T 4 �'U q + 7 i • • • iil i! M 1• !{ t! I! H LO •t •[IF TWA i ta.r\ i • f I to tr I li 4s�'• • N.W 16 TE ' 2 2 21It0'/ /)•ft W d N I • _ ._ o � I 9 so • .4407I=0 . ,� • � . Y ' r ' '' t •3 2 ! x � t • � • iS ST. I.W. 1 w.' 3 .x s s•+�s 3 ' N. 14 RR K•W• I 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) C�r =RMT C? :ADE sal % •, : 9 ae re wee t e • •...,e..er ....� .... ate.. _ r. � 1 �C. G • v..� ww.r r�/r.�r 6iiY..v. r� , v..�i �+Gr +��+�Y���� J cLw.M3 r—" Cesar Odi o -"no c �. -- I •. �. me .:n Vr-. 11DQL1 ca a. Gm -Doses ar. swn: 1. '^•.at s w: t::e rwrler.:r. the lei :--pre=emazive c: ;,:.e maned. =mittir.g the acc==ying appi:caricn for a pudic hearr.; as 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. dw= rnz:bP--s aad 10=1. des=-:f,,tio= for the real prcpeszy which he is the owner or legal & Gin esemative. submitted !a cm- with this are true and come= I 1 I �L Swom. to aa3 ..ubsc-ftri c rcrr me dsy 19 v. i 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. y1.— oil 7 E _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 E Kra Atn�jo M= CF FWRMA ) SS: III = Oc DADE ) 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 c nanda at Lazge MTARY PUBLIC STATE OF FLORIDA My MWISSION LIP. ARY.20 'GU S 7q