HomeMy WebLinkAboutR-05-0356City of Miami
Legislation
Resolution: R-05-0356
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00352 Final Action Date: 5/26/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD
AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
TO ALLOW A CHILD DAYCARE FOR 85 CHILDREN, WITH A TIME LIMITATION OF
TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED,
SUBJECT TO CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 2280 SOUTHWEST 17TH
AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on March 28, 2005, Item No. 7, adopted
Resolution No. ZB 2005-1014, by a vote of six to two (6-2), GRANTING a special exception as
hereinafter set forth; and
WHEREAS, on April 12, 2005, Maria Belkis de Cardenas and Harry F. Robinson appealed the
decision of the Miami Zoning Board; and
WHEREAS, the City Commission after careful consideration of this matter, finds the application
for the Special Exception meets the applicable requirements of Zoning Ordinance No. 11000, as
amended, and deems it advisable and in the best interest of the general welfare of the City of Miami
and its inhabitants to affirm the decision of the Zoning Board and grant the Special Exception as
hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 denies the appeal and affirms the decision of the Zoning Board,
Resolution No. ZB 2005-1014, adopted March 28, 2005, thereby granting the Special Exception from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
to allow a child daycare for 85 children, with a time limitation of twelve (12) months in which a building
permit must be obtained, for the property located at approximately 2280 Southwest 17th Avenue,
Miami, Florida, more particularly described in "Exhibit A," subject to the following conditions by the
Planning and Zoning Department:
1) a new landscape plan, with specifications, shall be submitted for review and approval;
City of Miami
Page 1 of 2 File Id: 05-00352 (Version: 41 Printed On: 11/16/2016
File Number: 05-00352 Enactment Number: R-05-0356
2) paint color samples and sign specifications shall be submitted for review and approval;
3) a cbs fence shall be placed around the playground;
4) the number of children shall be reduced from 85 to a maximum of 65 children;
5) egress from the site shall be limited to left turns only;
6) the adjacent house under the same ownership shall not be used for any child daycare or
related activities;
7) the applicant shall give priority placement to children that reside within a 4 mile radius of the
proposed child daycare center;
8) the applicant shall plant trees as a buffer to the adjacent residential property;
9) the applicant shall provide a minimum of four, 4 inch diameter by 12 foot high (minimum at
planting) hardwood trees acceptable to the City of Miami landscape code (not palms) along the
North property line adjacent to the proposed 6 foot cbs wall, separating the properties in question;
10) the applicant shall amend the site plan to reflect that the proposed cbs wall adjacent to the
North property line be a 6 foot high wall, as shown on the detail, and not a 5 foot wall as shown
on the site plan, and that any exposed portion of the wall, when reviewed from the adjacent North
property be finished and painted;
11) the applicant shall provide a solid 5 foot cbs wall around the designated outside playground
area, as requested by the City of Miami, for protection and for noise abatement;
12) the applicant shall be limited to one business sign facing 17th Avenue and said sign will not
be higher than 6 feet above the finished grade of the property and will be limited to the name of the
business only;
13) the applicant shall abide by all City of Miami Zoning ordinances as well as other state and
local code requirements for the operation of a child daycare center located in an "R-1" zone, without
variances, as described in Ordinance No. 11000, as amended, the zoning ordinance of the City
of Miami;
14) the applicant shall provide for and agree, "for all time" that the child daycare business is
operated, that the outside play time will be limited to no more than 20 children at any one time,
and that the outside play will be limited to the area designated as "playground - 1230 square feet,"
shown in the site plan and that the area designated at "additional playground" will be removed
and not used for outside play; and
15) the applicant shall limit the child daycare operating hours, "for all time" that the daycare
business is operated, to no earlier than 7:00 a.m. for drop off and no later than 6:30 p.m. for
pickup, Monday through Friday, 52 weeks per year.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.
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