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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR EXCEPTION File ID#:13-01454x1 Request: Exception pursuant to Article 4, Table 3 of the Miami 21 Code, to allow a pre-school within the T3-L (Sub -Urban Transect Zone) in accordance with Section 33-151 Article XA entitled, Educational and Childcare Facilities Nonpublic of the Miami Dade County Code of Ordinances; and Waiver pursuant to Article 7, Section 7.2.8 (a) and (b), to allow modifications to an existing site improvement that will result in the same or a reduced degree of nonconformity, specifically adding a driveway and surface parking lot. Project: Studio Kids Location: 537 N.E. 70 Street Net District: Upper East Side NET Folio # 0132180040600 Square footage: 5,100 sq./ft. = .117 acres Current Zoning Designation: T3-L (Sub -Urban Transect Zone - Limited) PROJECT DESCRIPTION: The request is to operate a pre-school for 26 children within an existing residential structure. The site is located within a Historic District (Palm Grove) on a 5,100 square foot lot. The proposed hours of operation for the pre-school are Monday through Friday from 7:30 a.m. until 6:30 p.m. Two parking spaces will be provided on the site behind the residence. Stacking (drop-off/ pick-up) spaces will be located in front of the site. All nonpublic schools, including but not limited to pre-school facilities, are required to be reviewed in accordance with Section 33-151 Article XA entitled, Educational and Childcare Facilities Nonpublic of the Miami Dade County Code of Ordinances. Additionally, under the Miami 21 Code an Exception is required to allow a pre-school use within the T3-L (Sub -Urban Transect Zone). BACKGROUND: The item was submitted for an Exception to allow a pre-school use and a waiver for modification to an existing site improvement (driveway and surface parking) to the Planning and Zoning Department on December 23, 2013. The case was scheduled for the February 5, 2014, Planning, Zoning and Appeal Boards (PZAB) agenda and was continued. Page 1 of 6 City of Miami Planning and Zoning Departmen% Land Development Section On March 4, 2014, the exterior changes proposed for the site were reviewed by the Historic, Environmental and Preservation Board (HEPB). The Board approved the changes to the site with two conditions related to parking and landscaping. On April 30, 2014 the project was reviewed by the Planning, Zoning, and Appeals Board (PZAB). The PZAB recommended denial for the proposed pre-school use. The applicant appealed the PZAB denial and was placed on the City Commission agenda for the June 26, 2014 public hearing. The item was withdrawn from the June 26, 2014 agenda to allow for further review. After the project was withdrawn it was brought to the City's attention that all nonpublic schools, including but not limited to pre-school facilities, are required to be reviewed in accordance with Section 33-151 Article XA entitled, Educational and Childcare Facilities Nonpublic of the Miami Dade County Code of Ordinances. ANALYSIS OF MIAMI-DADE COUNTY ZONING CODE CRITERIA: Provisions of this article relating to day nurseries, kindergartens and after school care shall be applicable in the unincorporated areas of Miami -Dade County and specifically in the incorporated areas of Miami -Dade County in accordance with Section 33-151 of the Miami -Dade County Code of Ordinances. No municipality shall adopt physical standards governing day nurseries, kindergartens or after school care that are in conflict with or in addition to the standards contained in this article, whether more or less restrictive than the standards contained herein. The following review standards for nonpublic schools shall be utilized by the Planning and Zoning Department, and, where a hearing is required, by the PZAB. (a) Study guide. The study entitled "Physical Standards for Proposed Private Educational Facilities in Unincorporated Miami -Dade County," date 1977, shall be used as a general guide in the review of proposed nonpublic educational facilities; provided, however, that in no case shall the educational philosophy of a school be considered in the evaluation of the application. Finding: Not applicable. (b) Planning and neighborhood studies. Planning and neighborhood studies accepted or approved by the Board of County Commissioners that include recommendations relevant to the facility site shall be used in the review process. Finding: Not Applicable. (c) Scale. Scale of proposed nonpublic educational facilities shall be compatible with surrounding proposed or existing uses and shall be made compatible by the use of buffering elements. Finding: The project will be located within an existing residence without the physical expansion of the house. The site will remain residential in appearance and will be used as a pre-school for a limited number of days and hours per week. To mitigate any impacts of the proposed pre-school, the applicant will increase the amount of Page 2of6 City of Miami Planning and Zoning Department Land Development Section landscaping on property. Specifically, the planting of bushes at the property lines as shown on Sheet LP-1. Landscaping as required by the Miami -Dade County Zoning Code Chapter 18A and as conditioned by the City of Miami HEPB shall be provided. Staff has also added a condition that a hedge or additional landscaping be planted at the northwest property line behind the house to reduce potential noise from the children's play area. (d) Compatibility. The design of the nonpublic educational facilities shall be compatible with the design, kind and intensity of uses and scale of the surrounding area Finding: The project is adaptive reuse of an existing structure in a residential neighborhood. The proposed pre-school use does not include any expansion of the structure, only exterior changes are proposed (driveway, paving, fencing and landscaping). The Miami Comprehensive Neighborhood Plan (MCNP) has recommended that this area be utilized for single-family residential uses and supporting services such as foster home and family day care homes for children and/or adults. The Miami 21 Zoning Code allows pre-school with the approval of an Exception. The use is consistent with planning and neighborhood studies. (e) Buffers. Buffering elements shall be utilized for visual screening and substantial reduction of noise levels at all property lines where necessary. Finding: Landscaping and fencing at the property lines as conditioned by the HEPB will be utilized on the site at the front and rear yards. Visually the site will continue to look as a residence from the street. Staff has added a condition that a hedge or additional landscaping be planted at the northwest property line behind the house to reduce potential noise from the children's play area. (f) (9) Landscape. Landscape shall be preserved in its natural state insofar as is practicable by minimizing the removal of trees or the alteration of favorable characteristics of the site. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code. Finding: The applicant has submitted a Landscape Plan (Sheet LP-1) stamped and sealed by Derick Lange!, RLA. Additionally, the project has been conditioned to comply with Chapter 18A (Landscape Code) of the Miami Dade County Zoning Code and is comparable to Article 9, Miami 21 Code. Circulation. Pedestrian and auto circulation shall be separated insofar as is practicable, and all circulation systems shall adequately serve the needs of the facility and be compatible and functional with circulation systems outside the facility. Finding: The applicant's plans indicate that two (2) designated stacking lanes for the drop-off and pick-up of students will be located in front of the site. The number of stacking and parking spaces are in accordance with Section 33-151 of the Miami - Dade County Code. The project is conditioned to show the location of designated walkways to and from parking and the building. Page 3 of 6 City of Miami Planning and Zoning Department Land Development Section (h) Noise. Where noise from such sources as automobile traffic is a problem, effective measures shall be provided to reduce such noise to acceptable levels. Finding: The project shall be conditioned to comply with the provisions of the Miami Municipal Code Chapter 36 (Noise). (i) Service areas. Wherever service areas are provided they shall be screened and so located as not to interfere with the livability of the adjacent residential properties. Finding: The project will be conditioned to comply with the services area (refuse and recycling) requirement and show the location of each on the site plan prior to issuance of any building permit. (j) Parking areas. Parking areas shall be screened and so located as not to interfere with the livability of the adjacent residential properties. Finding: The two (2) required parking spaces for the use will be screened from the street as they are located behind the residence. Additionally, the driveway area and parking areas will be screened from the adjacent neighbor to the east by a row of bushes and fencing. Stacked parking at the front of the site will be intermittent (not permanent). (k) Operating time. The operational hours of a nonpublic educational facility shall be such that the impact upon the immediate residential neighborhood is minimized. Finding: The proposed hours of operation are 7:30 a.m. until 6:30 p.m., Monday through Friday. The proposed hours of delivery/drop-off are 7:30 a.m. through 8:45 a.m. Pick-up of children is in three shifts: 11:50 a.m. - 12:05 p.m.; 2:40 p.m. - 3:00 p.m.; and 5:30 p.m. - 6:30 p.m. (I) (m) Industrial and commercial. Where schools are permitted in industrial or commercial areas it shall be clearly demonstrated in graphic form how the impact of the commercial or industrial area has been minimized through design techniques. Finding: Not applicable this is a property in a residential area. Fences and walls. Recreation and/or play areas shall be enclosed with fences and/or walls. Finding: The recreation and play area is located at the rear of the site. This area will be enclosed with fences and new landscaping. SITE AND BUILDINGS: Site Plan Review: Scale/Utilization of Site: Location of Building(s): Compatibility: Acceptable with Conditions Acceptable with Conditions Acceptable Acceptable with Conditions Page 4 of 6 City of Miami Planning and Zoning Department Land Development Section Landscape Treatment: Open Space: Buffering: Access: Visibility/Visual Screening: Circulation: Service Areas: Noise: Acceptable with Conditions Acceptable Acceptable with Conditions Acceptable Acceptable Acceptable with Conditions Acceptable with Conditions Acceptable with Conditions STAFF FINDINGS AND COMMENTS: 1. The proposed pre-school is an allowed use under the T3-L (Sub -Urban Transect Zone - Limited) by the Exception process. 2. The existing site, 537 NE 70 Street, is a contributing single family residence within the Palm Grove Historic District. 3. Pursuant to Chapter 23 of the City Code any exterior improvements within Historic Districts require review and approval by the Historic, Environmental, and Preservation Board (HEPB). 4. On March 4, 2014, the HEPB reviewed the applicant's site for approval. The Board approved the proposed site plan with the following conditions: brick pavers to be used on -site, landscaping to be provided, and that one (1) parking space will be allowed on -site for handicap purposes, on the side of the property in the Second Layer removed from the front. 5. Through the Exception process, the applicant seeks to allow the use of the existing single-family residence to be a pre-school facility for twenty-six (26) children and two (2) staff members. The number of children or staff member may not be increased without a new Exception to verify compliance with applicable Code. 6. Pursuant to the Miami -Dade County Zoning Code, the use requires the total number of parking spaces required for the use equal to the combined total of personnel and transportation vehicles for the use. There are two (2) staff members and no related transportation vehicles for the pre-school use. As such, only two (2) parking spaces are required for the use. 7. In order to preserve the contributing character of the house within a locally designated historic district, the applicant will provide site improvements consistent with the HEPB's conditional approval by modifying the site with additional landscaping meeting Chapter 18A of the Miami -Dade County Code Ordinances installing and two (2) parking stalls at the rear of the site along with an accessible ADA compliant ramp. 9. Additionally, the applicant provided a letter from the Miami Parking Authority stating that two (2) parking spaces are available for the applicant's use directly in front of the proposed site. Page 5 of 6 City of Miami Planning and Zoning Department Land Development Section 10. The proposed site plan also will provide one outdoor play area located at the rear of the property for a total of 609 square feet. 11. The rear play area will be enclosed with a five feet (5'-0") high wood fence. A four feet (4'-0") high metal picket fence at the front. Fencing will require a Certificate of Appropriateness through the Historic Preservation Office. 12. The applicant has provided a school curriculum that meets Florida Statues governing pre-school/child pre-school facilities. 13. The applicant shall submit updated plans that indicate the location of service areas, and labeled and dimension stacking spaces. 14. The landscaping and trees shall be provided in accordance with Chapter 18A (Landscaping Code) of this Miami - Dade County Zoning Code. 15. The plans shall indicated the location of designated walkways to and from parking and building in a layout that shall not to interfere with vehicular traffic on site 16. The applicant shall provide a hedge and or heavy landscaping at the northwest corner of the site to screen the play area from the abutting property to the west. 17. Changes to the hours of operation, number of staff and/or pupils shall require staffs review to verify whether a modification or a new Exception (see Miami 21 Article 7, Section 7.1.3.5) for the pre-school use, shall be required as determine by the Planning Director. 18. The applicant shall comply with all requirements of all applicable department and agencies as part of the City of Miami building permit submittal process. RECOMMENDATION: Based on the above comments and findings, the Planning and Zoning Department recommends Approval of the application with the following condition(s) pursuant to numbers 4, 5, 6, 7, 14, 15, 16,17 and 18 are met. 7/7/2014 J. Ellis Page 6 of 6 Miami Historic and Environmental Preservation Board Resolution: HEPB-R-14-013 File ID 14-00160 March 4, 2014 Item HEPB.4 Mr. Gerald C. Marston offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, APPROVING WITH CONDITIONS AS DESCRIBED IN EXHIBIT "A" (HEREBY ATTACHED), AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR NEW OFF-STREET PARKING AND A NEW DRIVEWAY AT 537 NORTHEAST 70TH STREET WITHIN THE PALM GROVE HISTORIC DISTRICT. Upon being seconded by Ms. Lynn B. Lewis, the motion passed and was adopted by a vote of 6-3: Mr. Timothy Barber No Mr. David Freedman Yes Mr. Robert John Graboski Not In Panel Mr. Gary Hecht Yes Mr. William E. Hopper, Jr. No Mr. Jorge Kuperman Yes Ms. Lynn B. Lewis Yes Mr. Gerald C. Marston Yes Mr. Hugh Ryan Yes Mr. Todd Tragash No Lev'` ( s Megan, Schmitt Execution bate Preservation Officer STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, Megan Schmitt, Preservation Officer of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OFYY . -r fr 2014. t, / 'S.S it J i i l Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath c>"--- Notary Public State of Florida My Commission Expires: 2[7,71.. Z'. VANESSATRlJJILLO A;?i�•'''• b; • '; = MY COMMISSION EE 105250 • ,ate.: = EXPIRES: July 11, 2015 Bonded Thru Notary Public Underwriters EXHIBIT "A" File ID 14-00160 1. The driveway and one (1) handicapped parking space onsite shall be constructed with concrete pavers and the handicapped parking space shall be located on the building's side behind the front facade. 2. The applicant shall provide detailed landscape and fence screening for the driveway and the handicapped parking space plans by a registered landscape architect to be administratively approved by the preservation officer; the plans shall be signed and sealed. M IAM 121 MAP Coppertone Girl and Dog Sign 11211M1111 t3T4-R W )1 I CI NE 72ND S I 1I 1 NE 71ST ST IIIIu 1 iM T3-L ' Ell E3 misT5-O NE 70TH ST - P Gr•v:. NE 69TH ST NE 68TH ST 11111 T5-L NE 67TH ST II i T 0 R~ 0 150 300 600 Feet ADDRESS: 537 NE 70 ST 0 150 300 600 Feet ADDRESS: 537 NE 70 ST t,I11 ie <R`9 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-051 File ID 13-01454x1 July 16, 2014 Item PZAB.4 Ms. Maria Lievano-Cruz offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), DENYING AN EXCEPTION AS LISTED IN ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, TABLE 3, TO ALLOW A PRE-SCHOOL IN A SUB -URBAN TRANSECT ZONE (T3-L), FOR THE PROPERTY LOCATED AT APPROXIMATELY 537 NORTHEAST 70TH STREET, MIAMI, FLORIDA. WHEREAS, the PZAB considered and denied a motion to approve with the conditions that (a) the approval of the application would be exclusive for the current operator, so that the transfer of the preschool use to a new operator would required public hearing approval of an exception by the PZAB; and (b) the operation of the preschool is limited to no more than 22 students; and THEREFORE, since the aforementioned motion to approve with conditions failed and no additional motions were offered by the PZAB, the application was DENIED by the PZAB. Upon being seconded by Mr. Charles Gibson, the motion fails by a vote of 3-6: Ms. Jennifer Ocana Barnes Absent Mr. Chris Collins No Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia No Mr. Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez No Mr. Ernest Martin No Mr. Daniel Milian Absent Mr. Juvenal Piro Yes Ms. Melody L. Torrens No Mr. David H. Young No Fran isco.Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) OF 1 Execution D e 1 Personally appeared before me, the undersigned authority, Olga Zamora Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS i14-1 DAY OF 111114-0"` 2014. Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath —1 Nota tate of Florida My Commission Expires: etjsk. ;:^ VANESSA TRUJILLO Sq' - b MY COMMISSION # EE 105250 r.��ti •a EXPIRES: July 11, 2015 pF Fyn' Bonded Thru Notary Public Underwriters