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Home My WebLink AboutPZAB Appeal LetterHolland & Knight 701 Brickell Avenue, Suite 3000 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799 Holland & Knight LLP I www.hklaw.com Ines Marrero-Priegues 305.789.7776 ines.marrero@hklaw.com@hklaw.com July 12, 2010 VIA HAND DELIVERY Mr. Anel Rodriguez Office of Hearing Boards Department of Planning & Zoning 444 S.W. 2nd Avenue, 7rd Floor Miami, FL 33130 Re: Appeal of Resolution No. PZAB-R-10-017 of the Miami Planning Zoning and Appeals Board on June 30th , 2010 denying the Special Exception Application for Daycare for 30 children at 1806 S.W. 2nd Court, Miami. Dear Mr. Rodriguez: This firm represents Ms. Natalia Montano and Mr. Rafael Salazar and Mr. and Mrs. Bonet, the owners of 1800 S.W. 2nd Court and 1806 S.W. 2nd Court, respectively, (collectively referred to as "Applicants"). The Applicants filed an application for a special exception to permit a day care center of 30 children at the property owned by Mr. and Mrs. Bonet at 1806 SW 2nd Court. On June 30th 2010, the Planning, Zoning and Appeals Board denied the Applicants request, PZAB-R-10-017. This letter constitutes the Applicants' appeal of that decision, PZAB- R-10-017, to the City Commission. The subject properties are zoned R-1 and are designated as Single Family Residential land use category in the Miami Comprehensive Neighborhood Plan (February 2010). The Miami Comprehensive Neighborhood Plan (February 2010) specifically allows child day care centers as well as primary and secondary school: Supporting services such as foster homes and family day care homes for children andlor adults; and community based residential facilities2 (8 clients or less, not including drug, alcohol or correctional rehabilitation facilities also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. In addition, Ordinance 11000, under which this application is filed, permits daycare facilities of more than 20 children pursuant to a special exception. The newly adopted Miami 21 Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach Mr. Anel Rodriguez July 12, 2010 Page 2 code permits primary and secondary schools in the T3-R transect, which is the transect designation for the properties formerly zoned R-1. We respectfully appeal the decision of the Planning Zoning and Appeals Board. The Staff recommendation stated that the request, which would increase the daycare by 30 children, would "have further impact on the residential designated neighborhood by increasing the vehicular traffic along S.W. 18th Road during drop-off and pick up hour, which will affect negatively the surrounding residential areas." The Applicants submitted that the additional 30 children requested for the daycare would replace the 30 children presently registered at Gym II by Aguamarina, a children's gym located at the Coral Ritz Shopping Center, across the existing Aguamarina daycare, All the vehicular access for the Coral Ritz Shopping Center is through S.W. 18th Road. As a result, there is no net increase in traffic as a result of the relocation of the 30 children to the daycare. In addition the site plan has been designed to minimize impact on parking and driveways on the pedestrian environment and adjacent properties by eliminating all parking and driveways along S.W. 2nd Court and consolidating all parking, ingress and egress through the existing entrance on S.W. 18th Road, across from the existing shopping center. Based on the foregoing, we hereby appeal the decision of the Planning, Zoning and Appeals board and respectfully request the appeal be scheduled for hearing before the City Commission. Sincerely, Ines Marrero- iegues cc: Ms,Natalia Montano and Mr. Rafael Salazar Mr. and Mrs. Alejandro Bonet Planning, Zoning and Appeals Board Meeting Minutes June 30, 2010 PZAB.5 06-00840x1 PZAB RESOLUTION A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), APPROVING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOW A CHILD DAY CARE CENTER OF MORE THAN TWENTY (20) CHILDREN, IN ACCORDANCE TO ZONING ORDINANCE SECTION 936 AND SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT, MIAMI, FLORIDA. LOCATION: Approximately 1800 & 1806 SW 2nd Court [Commissioner Frank Carollo - District 3] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Natalia Montano & Roberto Salazar and Alejandro & Ellen Bonet FINDING(S): PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will allow an increase in the number of children of an exixting daycare center by 30 for a total of 60 children. 06-00840x1 Analysis.pdf 06-00840x1 Zoning Map.pdf 06-00840x1 Aerial Map.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Letter of Intent.pdf 06-00840x1 Application & Supporting Docs.pdf 06-00840x1 Plans.pdf 06-00840x1 Fact Sheet PZAB 06-30-10,pdf Motion by Member Lopez, seconded by Member Goggins, that this matter be DENIED BY PZAB, PASSED by the following vote. Votes: Aye: 8 - Member Goggins, Member Tarbert, Member Lopez, Member Garavaglia, Member Gutierrez, Member A. Revuelta, Member Schiff and Alternate Member Milian Absent: I - Member Martin Vacant: 0 - **Vacancy, **Vacancy and **Vacancy PZAB-R-10-017 City of Miami Page 7 Printed on 7/7/2010