HomeMy WebLinkAboutAnalysis, Maps & PZAB ResolutionCity of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR
EXCEPTION
File ID#:14-00084x1
Request: Exception pursuant to Article 4, Table 3 of the Miami 21 Code, to allow a pre-
school within the T3-R (Sub -Urban Transect Zone) in accordance with Section 33-151
Article XA entitled "Educational and Childcare Facilities Non -Private" of Miami -Dade
County Code of Ordinances.
Project: El Avila Child Development Center, LLC
Location: 2475 and 2485 SW 22 Avenue
Net District: Coral Way NET
Folio # 0141150020050 & 0040 Square footage: 14,042.50 s.f. = 0.322 acre
Current Zoning Designation: T3-R (Sub -Urban Transect Zone- Restricted)
A. BACKGROUND:
The applicant is requesting an Exception pursuant to Article 4, Table 3 of the
Miami 21 Code, to allow for the change of use from an existing childcare facility
to a pre-school facility expanding the use onto the adjacent parcel located within
the T3-R (Sub -Urban Transect Zone), increasing the number of children from 20
to 49, between the ages of eighteen (18) months and five (5) years in
accordance with Section 33-151 Article XA entitled "Educational and Childcare
Facilities Non -Private" of Miami -Dade County Code of Ordinances.
B. ZONING HISTORY:
On April 30, 2014 the Planning and Zoning Appeals Board pursuant to
Resolution PZAB-14-030 denied the applicants request for an Exception to
permit a pre-school in T3-R (Sub -Urban Transect Zone) for the properties located
at 2475 and 2485 Southwest 22nd Avenue, Miami, Florida. Staff recommended
approval under Miami 21.
On June 26, 2014, the applicant withdrew the appeal of the Boards denial,
requesting the Miami City Commission to reconsider the decision of the Planning
and Zoning Appeals Board, and approve the Exception to permit a Pre -School in
T3-R (Sub -Urban Transect Zone) for the properties located at 2475 and 2485
Southwest 22nd Avenue, Miami, Florida.
Subsequently the City was informed that Miami -Dade County through its home
rule authority prohibits additional development standards beyond what they
provided for in the County's code of ordinances, as it relates specifically to Pre -
Page 1 of 8
City of Miami
Planning and Zoning Department
Land Development Section
Schools. In fact Sec. 33-151.11 of the County Code states "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 then the standards contain herein."
Previously this application was reviewed under Miami 21 of the City of Miami
Code of Ordinances. Due to the County's home rule authority, the request has
been resubmitted for review for compliance with the County's criteria for a non-
public school use.
C. SITE AND BUILDINGS:
Site Plan Review:
Scale/Utilization of Site:
Location of Building(s):
Compatibility:
Buffers:
Landscape Treatment:
Circulation:
Noise:
Service Areas:
Parking Areas:
Operation Time:
Fences and walls:
Visual Screening:
D. ANALYSIS:
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
with conditions
with conditions
with conditions
with conditions
The following is a review of the request for an Exception pursuant to Article 4,
Table 3 of the Miami 21 Code, to allow a pre- school within the T3-R (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.
The following review standards for nonpublic schools shall be utilized by the
Planning and Zoning Department, and where a hearing is required, by the
Planning and Zoning Appeals Board.
(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.
Page 2 of 8
City of Miami
Planning and Zoning Department
Land Development Section
Analysis: Not Applicable
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.
Analysis: Not Applicable
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.
Analysis: The project is an adaptive reuse of an existing residence along a
major thoroughfare. The applicant currently operates from the
adjacent property to the south and seeks to expand the use while
maintain the existing structures on site in an effort to preserve the
overall scale of the neighborhood.
Findings: Consistent
(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.
Analysis: The project is an adaptive reuse of an existing residence. The
applicant currently operates an existing childcare facility for 20
children from the adjacent property to the south located at 2485 SW
22 Avenue. The applicant seeks to expand and modify the use onto
the adjacent property to the north into a pre-school and seeks to
add an additional 29 children. The children increase complies with
classroom size and outdoor recreation space on the site. The
Miami Comprehensive Neighborhood Plan has recommended that
this area be marked utilized for Single -Family residential uses.
Uses in this area include supporting services such as foster home
and family day care homes for children and/or adults. The Miami
Page 3of8
City of Miami
Planning and Zoning Department
Land Development Section
21 Zoning Code may allow child day care/pre-school uses via an
Exception.
Findings: Consistent
(e)
Buffers. Buffering elements shall be utilized for visual screening
and substantial reduction of noise levels at all property lines where
necessary.
Analysis: The project will be conditioned that the applicant, install and
maintain a coco plum hedge or its equivalent along the (northern)
side property line and the (eastern) rear property line as to
minimize the visual and noise impact onto the adjacent neighbors.
The hedge shall be installed in accordance with Chapter 18A of the
Miami -Dade County Code.
Findings: Consistent
(f) 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.
Analysis: The applicant shall provide a landscape plan in accordance with
Chapter 18 A of the Miami -Dade County Code and Article 9 of
Miami 21 Code.
Findings: Consistent
(g)
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.
Analysis: The applicant has provided designated stacking lanes for the drop-
off and pick-up of students. Number of stacking and parking spaces
are in accordance with Section 33-151 of the Miami -Dade County
Code. Designated walkways to and from parking and building is
layout in a manner as to not interfere with vehicular traffic on site.
Page 4 of 8
City of Miami
Planning and Zoning Department
Land Development Section
Findings: Consistent
(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.
Analysis: The project shall be conditioned to comply with the provisions of the
Miami Municipal Code Chapter 36 entitled "Noise".
Findings: Consistent
(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.
Analysis: The project will be conditioned to comply with the services area
such as (refuse and recycling) requirement and show the location
of each on the site prior to submitting for a building permit.
Finding: Consistent
U)
Parking areas. Parking areas shall be screened and so located as
not to interfere with the livability of the adjacent residential
properties.
Analysis: Parking areas proposed are located between Building A and
Building B, away from the adjacent residential structures, as
identified on Sheet A-1 of the planes dated July 7, 2014.
Findings: Consistent
(k) Operating time. The operational hours of a nonpublic educational
facility shall be such that the impact upon the immediate residential
neighborhood is minimized.
Analysis: The proposed hours of operation are Monday thru Friday from 7:30
a.m. until 5:30 p.m.
Findings: Consistent
Page 5 of 8
(I)
City of Miami
Planning and Zoning Department
Land Development Section
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.
Analysis: Not applicable this is a property in a residential area.
Findings: Consistent
(m) Fences and walls. Recreation and/or play areas shall be enclosed
with fences and/or walls.
Analysis: All recreational areas will be secured with a six (6) foot high fence
to keep the children clear of vehicular movements.
Findings: Consistent
E. NEIGHBORHOOD SERVICES:
Code Compliance: No Objection
DERM: Required
Building: Required
Public Works: Not Applicable
Historic Preservation: Not Applicable
F. FINDINGS AND COMMENTS:
The following is a review of the request for an Exception pursuant to Article 4,
Table 3 of the Miami 21 Code, to allow a pre-school within the T3-R (Sub -Urban
Transect Zone).
1. The proposed pre-school use is compatible with the uses under the Sub -Urban
Transect Zone - Restricted and will benefit the area by providing a service to the
community.
2. The existing site of 2485 SW 22 Avenue (Building B) has legally functioned as
a day care facility for several years, which under Miami 21 Code is not allowed
within the T3 Transect Zone.
3. Through the Exception process, the applicant seeks to change the use of the
existing child day care to a pre-school and expand the operation to the abutting
property located at 2475 SW 22 Avenue (Building A) and will also increase the
Page 6 of 8
City of Miami
Planning and Zoning Department
Land Development Section
number of children served from twenty (20) to forty-nine (49) of eighteen (18)
months to five (5) years of age.
4. The applicant will combine the two lots, through the instrument of a Unity of
Title, that will create a unified campus. The proposed plans also includes a drop-
off area at the front of Building B and four (4) parking spaces, which will include
an ADA, compliant space at the southeast rear of Building B, adjacent to the
existing ADA access ramp. A sidewalk will be added that will connect the rear of
Building B to the rear of Building A and its proposed ADA access ramp. The
proposed sidewalk will also serve as access to the play areas between Buildings
A and B and at the rear of Building A.
3. The applicant has provided a curriculum and will meet Florida Statues
governing pre-school/child daycare facilities.
4. With respect to all additional criteria as specified on Section 4, Table 12 of
Miami 21 Ordinance, the proposal has been review and found to be adequate.
G. RECOMMENDATION:
Staff recommends approval, with conditions pursuant to Article 4, Table 3 of the
Miami 21 Code and Section 33-151 Article XA of Miami -Dade County Code of
Ordinances, the following plans entitled "El Avila Child Development Center, LLC
2475 & 2485 SW 22nd Ave, Miami, FL 33145" consisting of nine (9) sheets as
prepared by Gerald F. De Marco Architect dated stamped received December
19th, 2014; as amended on July 8th, 2014; indicating student, classroom and
recreation calculations including vehicle stacking attached hereto as Exhibit 1
entitled "Revised Plans".
1. The Applicant shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit
submittal process.
2. As a condition of approval, the Applicant shall agree not to have a child
mix that requires more than 4 staff members and at no time shall exceed
49 children.
3. The Applicant shall submit a final landscape plan in accordance with
Chapter 18A of the Miami -Dade County Code to be approved by the
Planning and Zoning Department prior to submitting for a building permit.
4. The applicant shall install and maintain a coco plum hedge or its
equivalent along the (north) side property line and (eastern) rear property
line in accordance with Chapter 18A of the Miami -Dade County Code.
Page 7 of 8
City of Miami
Planning and Zoning Department
Land Development Section
5. The applicant shall comply with all other applicable conditions as part of
the review standards under Section D above entitled "Analysis".
E Nunez
7/08/2014
Page 8 of 8
EXHIBIT 1
"Revised Plans"
El Avila Child Development Center, LLC amended July 8, 2014
EL AVILA CHILD DEVELOPMENT CENTER, LLC
2475 & 2485 S.W. 22ND AVENUE
MIAMI, FLORIDA 33145
SCOPE OF WORK:
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Pictures
Vegetation Inventory
El Avila Child Development Center, LLC
RU1IDING OSVOGT1G
Trees
Foxtail Palm
1
Lychee
1
Mango
2
Sapodilla
1
Sugar Apple
1
Building A
6
Avocado
1
Mahogany
2
Monkey Apple
1
Palms
4
Tamarind
1
Ylang Ylang
2
Areca palm
1
Christmas
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Palm
Bridal Veil
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Building B
14
Total
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24 5S\C'2:,—ND AVE
MAUL FL
EXIST. CONCRETE. I)RI\' I.\\ \\
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BUILDING B
EXISTING ONE
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24S5 SW 22ND AVE.
MIAMI. FL
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Mahogany - Swietenia mahagoni
Tamarind - Tamarindus indica
Ylang Ylang - Cananga Odorata
Ylang Ylang - Cananga Odorata
Lychee - Litchi chinensis
Mahogany - Swietenia mahagoni
Mango - Mangifera indica
Sugar Apple - Annona squamosa
Sapodilla - Manilkara zapota
Lychee - Litchi chinensis
Mango - Mangifera indica
Avocado - Persea americana
Bridal Veil - Caesalpinia granadillo
Chirstmas Palm - Veitchia merrillii
Ylang Ylang - Cananga Odorata
4 Other Palms
monkey's apple - Mimusops coriacea
Shrubs
2
Banana
1
Bougainvillea
6
Dracaena
8
Dracaena Fragans
2
Dracaena Marginata
5
Hibiscus
1
Lychee
1
Passion Flower Vine
1
Plumeria
7
Rhoeo
34
2475 sw 22nd
2
Allamanda Cathartica
(yellow bell)
1
Areca Palm
1
Blue Sky
2
Dracaena Deremensis
1
Hibiscus
3
Ixora
2
Palm
4
Passion Flower Vine
1
Plumeria
35
Rhoeo
14
Surinam Cherry
2
Travelers Palm
1
Ylang Ylang
69
2485 sw 22nd
103 Total
GATi>
PLAY ARRA
3.484 SQ. FT.
BUILDING A
EXISTING ONE
SThRY RFS,
2475 SIC 22ND ALE
MIAMI. FL
rORc1I
GATE V
Dracaena
Dracaena Marginata
Bouganvillea
Rhoeo
PL%Y AREA
BUILDING B
Dracaena deremensis 1
1
•
I I.NG ONE
1 RES.
2483 S.t 22ND AVE
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.; EXIST. DROPOFF AREA
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FRONTAGE
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Passion Flower Vine
Passion Flower Vine
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ZONING HISTORY
"PZAB Resolution"
El Avila Child Development Center, LLC
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Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-030
File ID 14-00084x April 30, 2014 Item PZAB.3
Mr. David H. Young offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD 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-R), FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 2475 AND 2485 SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA.
WHEREAS, the Board has considered the manner in which the proposed use will operate given its
specific location and proximity to the adjacent T-3R uses; and
WHEREAS, the Board has considered the requirements of Miami 21 and Article 4, Table 12 Design
Review Criteria; and
WHEREAS, the Board considered the application, the staff report, and all evidence and testimony
presented at the public hearing on April 30, 2014; and
THEREFORE, for the reasons stated on the record at the public hearing on April 30, 2014, the Board
finds that the proposed use is not compatible with the adjacent T-3R uses and does not comply with the
criteria for an Exception set forth in Miami 21 Section 7.1.2.6.
Upon being seconded by Mr. Daniel Milian, the motion passed and was adopted by a vote of 8-
3:
Ms. Jennifer Ocana Barnes Yes
Mr. Chris Collins No
Ms. Maria Lievano-Cruz No
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Yes
Ms. Maria Beatriz Gutierrez No
Mr. Ernest Martin Yes
Mr. Daniel Milian Yes
Mr. Juvenal Pina Yes
Ms. Janice Tarbert Yes
Ms. Melody L. Torrens Absent
Mr. David H. Young Yes
Franeisco Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
5 9())/
Execution Date
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 2-1D Y OF 2014.
VUkiteS.SCi IAA i I I I o — t
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 '-
Notary Public State of Florida
EXPIRES: July 11, 2015
.. of ••q Bonded Thru Notary Public Underwriters
M IAM 121 MAP
0
ti
J
SW 25TH ST
i
SW 25TH TER
111111111�
150
300
4-R
SW 22ND AVE
SW 23RD TE
SW 24TH ST
W 24TH TER
w
a
T3-R
J
V
N
y
SW 25TH ST
SW 25TH TER
600 Feet
SW 26TH ST
T5-R
Coconut Grove
Neighborhood
Conservation
District
T4=0.
ADDRESS:2475 & 2485 SW 22 AV
0 150 300
I
I
600 Feet
1
ADDRESS:2475 & 2485 SW 22 AV
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-050
File ID 14-00084x1 July 16, 2014 Item PZAB.3
Mr. Chris Collins 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-R), FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2475 AND 2485
SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA.
WHEREAS, the PZAB considered and denied a motion to defer the application to allow for the
preparation of a traffic study and consultation with the Department of Children and Families; and
WHEREAS, the PZAB considered and denied a motion to approve with the conditions that (a) a
traffic study shall be submitted to the Planning Director, additional conditions would be imposed
by the Planning Director if necessary as indicated by the traffic study; and (b) 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
WHEREAS, the PZAB considered and denied a motion to approve the application with the
condition that the operation of the preschool is limited to no more than 40 students; and
THEREFORE, since the aforementioned motions 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. Juvenal Piria, the motion fails by a vote of 5-5:
Ms. Jennifer Ocana Barnes Absent
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz No
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Yes
Ms. Maria Beatriz Gutierrez Yes
Mr. Ernest Martin No
Mr. Daniel Milian No
Mr. Juvenal Pina Yes
Ms. Melody L. Torrens No
Mr. David H. Young No
File ID 14-OOO84x1
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-050
July 16, 2014 Item PZAB.3
,f Fran co Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
pli /4
Execution ate
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.
1 R SWORN AND SUBSCRIBED BEFORE ME THIS I DAY OF t9l/`2014.
VG/�ess� rt"r�S� Ili ,
Print Notary Name Nota IPUaState of Florida
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath v`
My Commission Expires:
.......... VANESSA TRWILLO
44 .. MY COMMISSION # EE 105250
of
_;•.ram; o EXPIRES: July 11, 2015
�' ;of �{y;:�' Bonded Thru Notary Public Underwriters