HomeMy WebLinkAboutR-23-0552City of Miami
Resolution R-23-0552
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15045 Final Action Date: 12/14/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, PURSUANT TO ARTICLE 4, TABLE 3;
ARTICLE 4, TABLE 4; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("MIAMI 21 CODE"), AN EXCEPTION TO ALLOW A PRE-SCHOOL
USE IN A "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND
AN EXCEPTION TO APPROVE A ONE HUNDRED PERCENT (100%)
PARKING REDUCTION FOR A STRUCTURE OF LESS THAN TEN
THOUSAND SQUARE FEET IN SIZE AND LOCATED IN A TRANSIT
CORRIDOR AREA FOR THE PROPERTY GENERALLY LOCATED AT 411
SOUTHWEST 4 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property located at 411 Southwest 4 Street Southwest, as more
particularly described in Exhibit "A," attached and incorporated, ("Property") is zoned "T4-R,"
General Urban Transect Zone —Restricted; and
WHEREAS, Centro Mater Foundation LLC ("Applicant") applied to the City of Miami
("City") for two Exceptions — one Exception to allow a Pre -School Use and another Exception for
a one hundred percent (100%) parking reduction with by process of Exception with City
Commission approval; and
WHEREAS, the Applicant applied for an Exception pursuant to Article 4, Table 4 of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"), which requires approval of an Exception with City Commission approval to allow a
reduction in the required parking for a property located within a "T4-R," General Urban Transect
Zone —Restricted; and
WHEREAS, the Miami 21 Code allows for a reduction of the required parking spaces for
up to one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000)
square feet or less located in a "T4-R," General Urban Transect Zone —Restricted, site within a
Transit Oriented Development ("TOD") area or Transit Corridor Area, except for sites within five
hundred feet (500') of an ungated "T3," Sub -Urban Transect Zone, by process of Exception with
City Commission approval; and
WHEREAS, the Property site is located within a designated Transit Corridor Area, and is
located approximately a half mile away from the nearest "T3," Sub -Urban Transect Zone, site;
and
City of Miami Page 1 of 4 File ID: 15045 (Revision: A) Printed On: 2/12/2024
File ID: 15045 Enactment Number: R-23-0552
WHEREAS, an Exception for a Pre -School Use is required for a property zoned "T4-R,"
General Urban Transect Zone — Restricted," pursuant to Article 4, Table 3 of the Miami 21
Code; and
WHEREAS, the proposed Pre -School is approximately 7,500 square feet in area; and
WHEREAS, the proposed Pre -School will have 12 teachers and 1 administrative staff
with 6 total classrooms; and
WHEREAS, the proposed Pre -School will operate from 7:00 AM — 6:00 PM Monday —
Friday; and
WHEREAS, the Proposed Pre -School will accommodate 48 students; and
WHEREAS, the Proposed Pre -School will have 1,146 square feet of outdoor play space,
1,758 square feet of classroom space, and 400 square feet of non -classroom space; and
WHEREAS, pursuant to Miami -Dade County Code Section 33-151.18, the amount of
playground space and classroom space will exceed the amount required for the number of
students served; and
WHEREAS, the City Planning Department finds the proposed Pre -School complies, with
conditions, with the all applicable regulations, including the applicable criteria of Article 7,
Section 7.1.2.6 of the Miami 21 Code; and
WHEREAS, the Planning Department finds the proposed Pre -School consistent, with
conditions, with applicable criteria of Chapter 33, Article XA of the Miami -Dade County Code of
Ordinances; and
WHEREAS, the City Planning Department has reviewed the application and finds the
proposed Exceptions consistent with the goals of the Miami 21 Code and the Miami
Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the City Planning Department, pursuant to Article 7, Section 7.1.2.6 of the
Miami 21 Code recommends Approval with Conditions of the Exceptions; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 6, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
118 by a vote of eight to zero (8-0), Item No. PZAB.5, recommending approval of the
Exceptions; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP; the Miami 21 Code; and all other regulations of the City; and
WHEREAS, the City Commission finds that the application complies with all applicable
regulations, including the requirements of the Miami 21 Code, with the conditions as stated in
Section 2 herein; 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 approve with conditions the two requested
Exceptions;
City of Miami Page 2 of 4 File ID: 15045 (Revision: A) Printed on: 2/12/2024
File ID: 15045 Enactment Number: R-23-0552
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 City Commission approves with conditions the two (2) Exceptions
requested herein for the Property pursuant to Article 4, Table 3; Article 4, Table 4; and Article 7,
Section 7.1.2.6 of the Miami 21 Code, subject to the following conditions:
1. The proposed Pre -School facility shall be in accordance with the plans entitled "Centro
Mater" as prepared by Carmen T Diaz, Registered Architect, AR 96290 and bearing the
ePlan approval stamp PZ-23-16208-EX.
2. Pursuant to Article XA, Section 33-151.18(e)(1) of Miami -Dade County Code, as
amended, the Applicant shall provide a revised plan drawing — A1-01, Floor Plan that
shows a total of 1,758 S.F. of Educational Classroom Floor Area, prior to submitting for a
building permit.
3. The proposed Pre -School shall meet all physical, parking, and other regulatory
standards as specified by Miami -Dade County Traffic Engineering Division Review
Comments dated 11.08.2023 (see attachments).
4. The Applicant shall ensure that staff parks in available on -street spaces and/or nearby
parking lots.
5. As a condition of approval, the Applicant is limited to students aged zero (0) years old —
three (3) years old, thirteen (13) staff members, and the number of students is limited to
48.
6. The permitted hours of operation are from 7:00 AM — 6:00 PM, Monday through Friday.
Changes to the hours of operation shall require approval by the Miami -Dade County
Traffic Engineering Division and review by the City of Miami Planning Department.
7. The Applicant shall submit a Signed and Sealed "Landscape Plan(s)" that has been
approved by the City of Miami's Building Department, Environmental Resources Division
(the "Environmental Resources Division"), prior to beginning operations.
8. The Applicant shall comply with the Traffic Operations Plan ("TOP") dated September
25, 2023 and the Miami -Dade County Traffic Engineering Division's conditions of
approval issued in connection with Design Review No. 2023008892 and dated
November 8, 2023.
9. A minimum of five (5) trees and fifty (50) shrubs shall be planted in accordance with
Landscape Sheet L-102 as prepared by Parametrika Land & Design and bearing the
ePlan approval stamp PZ-23-16208-EX.
10. All signage shall be reviewed under a separate permit application.
11. The Applicant shall comply with the requirements of all applicable
Departments/Agencies as part of the City of Miami building permit submittal process.
City of Miami Page 3 of 4 File ID: 15045 (Revision: A) Printed on: 2/12/2024
File ID: 15045 Enactment Number: R-23-0552
12. Ensure fire sprinkler system is in place and/or fire inspection has been conducted for life
safety standards and that client capacity is consistent with maximum capacity standards.
13. Failure to comply with the conditions herein shall result in this Exception permit being
revoked.
14. Any noise generated on -site on the Property shall conform to Chapter 36 of the City
Code, as amended, including any future amendments for noise regulation. Concerns or
complaints related to noise nuisance will be addressed and resolved immediately.
15. The City reserves the right to inspect the Property site to ensure compliance with the
conditions as listed.
16. Pursuant Article 7 Section 7.1.2.6(e), "[a]n Exception 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 (1) time extension, for a period not to
exceed an additional year, may be obtained upon approval by the Planning Director."
17. The Applicant shall provide an annual written confirmation from a certified public
accountant of the total student enrollment by the first Wednesday of every October to the
Department of Planning through Certified Mail delivery service by the United States
Postal Service. At no time shall said enrollment exceed 48 students.
18. The title block for all plan sheets must state that the use is to establish a Pre -School.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
�nde", Ci[y Httor ey 2/6/2024
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 4 of 4 File ID: 15045 (Revision: A) Printed on: 2/12/2024