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HomeMy WebLinkAboutO-13735City of Miami Ordinance 13735 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3277 Final Action Date: 1/25/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE RANSOM EVERGLADES SCHOOL UPPER CAMPUS SPECIAL AREA PLAN ("SAP") FOR THE PROPERTIES GENERALLY LOCATED AT 3552, 3575, 3695, AND 3575 MAIN HIGHWAY AND 3171, 3173, 3175, AND 3183 ROYAL ROAD, MIAMI, FLORIDA, BY ADDING AN ADDITIONAL PROPERTY GENERALLY LOCATED AT 3551 MAIN HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; SPECIFICALLY PROPOSING A) THE ADDITION OF THE PROPERTY KNOWN AS "LA BRISA" THAT WILL INCREASE THE LOT AREA OF THE SAP BY APPROXIMATELY 302,527 SQUARE FEET (6.945 ACRES) PROVIDING A TOTAL LOT AREA OF 801,319 SQUARE FEET; B) AN INCREASE IN THE MAXIMUM STUDENT ENROLLMENT BY SIXTY-SEVEN (67) STUDENTS FOR A TOTAL OF SEVEN HUNDRED TWENTY-SIX (726) STUDENTS; C) AN INCREASE IN THE NUMBER OF STAFF FROM ONE HUNDRED FORTY (140) TO ONE HUNDRED SIXTY (160); AND D) AN INCREASE IN THE SURFACE PARKING LOT BY THIRTY-ONE (31) SPACES FOR A TOTAL OF TWO HUNDRED FORTY-ONE (241) SPACES; MAKING FINDINGS OF FACT; STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October 18, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-073 by a vote of seven to zero (7-0), Item No. PZAB. 2, recommending approval with conditions of the amendment to the Ransom Everglades School Upper Campus Special Area Plan ("Amended SAP"); and WHEREAS, the original Ransom Everglades School Upper Campus Special Area Plan ("SAP") is an 11.45 acre Special Area Plan located approximately at 3552, 3575, and 3695 Main Highway and 3171, 3173, 3175, and 3183 Royal Road, Miami, Florida; and WHEREAS, the SAP was adopted by the City Commission on May 22, 2014 pursuant to Ordinance No. 13456; and WHEREAS, Ransom Everglades School, Inc. ("Applicant ") has voluntarily proffered a Covenant in Lieu of Unity of Title, attached and incorporated as Exhibit "B," to join the property located at 3551 Main Highway, Miami, Florida ("La Brisa"), more particularly described in Exhibit "A," attached and incorporated, into the SAP; and WHEREAS, the Applicant is proposing amendments to the Regulating Plan and Concept Book as a consequence of the proposed addition of La Brisa, which consists of an additional 302,527 square feet of lot area for a new lot area total of 801,319 square feet (approximately City of Miami Page 1 of 4 File ID: 3277 (Revision: B) Printed On: 3/28/2025 File ID: 3277 Enactment Number: 13735 18.396 acres); and WHEREAS, expansion of the SAP will easily accommodate the proposed increase of students from six hundred fifty-nine (659) students to a total of seven hundred twenty-six (726) students, related staff from one hundred forty (140) to one hundred sixty (160), and surface parking spaces from two hundred ten (210) to two hundred forty-one (241); and WHEREAS, La Brisa is currently designated with the "Single -Family Residential" Future Land Use Map ("FLUM") designation and "T3-R," Sub -Urban Transect Zone -Restricted, zoning classification with a "NCD-3," Neighborhood Conservation District Overlay; and WHEREAS, as part of the Amended SAP, the Applicant will continue providing its traditionally well-known quality education and public benefits to the community; and WHEREAS, the Amended SAP will benefit the area by providing more interior room to further internalize the operation of the school, thereby decreasing the possibility of any adverse impact to the adjacent neighborhood; and WHEREAS, the Amended SAP is appropriate in light of the intent of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and particularly in relation to the effects on adjoining properties; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other regulations of the City of Miami ("City"); and WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Amended SAP and the related Regulating Plan and Concept Book, attached hereto and incorporated herein, are hereby recommended for approval subject to the following conditions and proffers provided by Applicant's counsel on the record: 1. The Applicant shall comply with all applicable building codes, land development regulations, ordinances, and other laws and pay all applicable fees due prior to the issuance of any building permit. 2. The Applicant shall allow the Miami Police Department ("MPD") to conduct a security survey, at the MPD's discretion, and to make recommendations concerning security measures and systems. A report regarding the MPD's review must be submitted to the Planning Department prior to commencement of construction demonstrating how the MPD's recommendations, if any, have been incorporated into the Amended SAP's security and construction plans or demonstrate to the Planning Director why such recommendations are impractical. 3. The Applicant shall coordinate with the Fire -Rescue Department a review for compliance and further approval, including any specific requirements for fire protection and life safety systems, exiting, vehicular access, and water supply. City of Miami Page 2 of 4 File ID: 3277 (Revision: B) Printed on: 3/28/2025 File ID: 3277 Enactment Number: 13735 4. The Applicant shall obtain approval from or provide a letter of assurance from the Solid Waste Department that the Amended SAP has addressed all concerns of the Solid Waste Department prior to the obtaining of a shell building permit. 5. The Applicant shall comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval with the understanding that the Applicant must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide, as applicable. 6. The Applicant shall record the following in the Public Records of Miami -Dade County, Florida prior to the issuance of any building permit: (a) A Declaration of Covenants and Restrictions providing that the ownership, operation, and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner's association in perpetuity; and (b) A Unity of Title or a Covenant in Lieu of a Unity of Title, if applicable, subject to the review and approval of the City Attorney's Office. 7. Prior to the issuance of a shell building permit, the Applicant shall provide to the Planning Department a recorded copy of the documents mentioned in condition (6) above. 8. The Applicant shall provide to the Planning Department a temporary construction plan that includes the following. The temporary construction plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during all construction activity. All construction activity shall remain in full compliance with the provisions of the submitted temporary construction plan and failure to comply may lead to a suspension or revocation of this Amended SAP. (a) Temporary construction parking plan with an enforcement policy; (b) Construction noise management plan with an enforcement policy; and (c) Maintenance plan for the temporary construction site; 9. Prior to the issuance of any building permit, the Applicant shall provide the Planning Department for review for compliance and further approval: (a) An economic study report inclusive of fiscal impact (magnitude and time of the investment, Full Time Employees ("FTE") average during construction period, current and future employment, recurring City taxes, or exception statement). (b) Provide within the "Civic Engagement and Public Benefits Statement" the Public Benefits provided by the Amended SAP depicting services and or programs, including scholarships, specifying the beneficiaries in underserved areas or neighborhoods within the City, and quantifying the dollar amount of each service or programs as the minimum committed by the Amended SAP to be provided yearly. (c) An Environmental Impact Statement for lots included in the Amended SAP site including the coastal part of the bay abutting the site. (d) If student registration increases to a number equal to or greater than five percent (5%) over the approved registration/enrollment, it shall be reviewed and approved by the Planning Department through a SAP Permit. (e) A Conservation Assessment Report as the project location is within a high Archeological Probability Zone. 10. Pursuant to the SAP: (a) The approved Setback shall not be decreased by this Amended SAP. (b) Prior to the issuance of any SAP Permit and/or building permit, the proposed building shall comply with Shoreline Board and Miami -Dade County Department of Regulatory and Economic Resources' recommendations and conditions. 11. The Applicant shall match the setback restrictions of the Amended SAP with the "T3-R," Sub -Urban Transect Zone -Restricted, zoning classification with a "NCD-3," Neighborhood Conservation District Overlay, regulations. City of Miami Page 3 of 4 File ID: 3277 (Revision: B) Printed on: 3/28/2025 File ID: 3277 Enactment Number: 13735 12. The Amended SAP shall comply with the conditions of the Historic, Environmental, and Preservation Board in Resolution No. HEPB-R-17-022. Section 3. The findings of fact set forth below are made with respect to the proposed Amended SAP: 1. The Amended SAP is consistent with the adopted MCNP. 2. The Amended SAP will: (a) Efficiently use public transportation facilities; (b) Mitigate any potentially adverse effects of the development through compliance with the conditions; (c) Efficiently use necessary public facilities; (d) Not negatively impact the environment and natural resources of the City; (e) Not adversely affect living conditions in the neighborhood; (f) Not adversely affect public safety; (g) Based on the record and evidence presented, serve the public welfare; and (h) Mitigate any potentially adverse effects to safety and security, fire protection, solid waste, heritage conservation, and trees through compliance with the conditions of this Amended SAP. Section 4. This Ordinance shall become effective upon adoption.' APPROVED AS TO FORM AND CORRECTNESS: Barnaby I_. Min, Deputy City Attorney 4/12/2018 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File ID: 3277 (Revision: B) Printed on: 3/28/2025