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Resolution
Legislation
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3500 Pan American Drive
Miami, FL 33133
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File Number: 6486 Final Action Date: 10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING OR DENYING THE APPEAL FILED BY OSCAR RODRIGUEZ AND
ALBERT A. RINCON OF AN EXCEPTION AND A WARRANT PURSUANT TO
ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTIONS 7.1.2.4 AND 7.1.2.6 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO ALLOW A PRIVATE SCHOOL FOR A MAXIMUM
OF ONE HUNDRED FIFTY NINE (159) STUDENTS ON A SITE LOCATED
WITHIN A "T4-R," GENERAL URBAN CORE TRANSECT ZONE, AND "T5-O,"
URBAN CENTER TRANSECT ZONE, LOCATED AT APPROXIMATELY 3030
SOUTHWEST 22 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 18, 2019, Bomart, Inc. ("Applicant") applied for an Exception and a
Warrant to the City of Miami ("City") to allow a private school ("Project") on a site located at
approximately 3030 Southwest 22 Street, Miami, Florida, as more particularly described in
Exhibit "A," attached and incorporated ("Property"); and
WHEREAS, the Property consists of a single -story multifamily residential structure
constructed in 1976 fronting Southwest 22 Terrace and a two (2) story commercial building
constructed in 2004 fronting Southwest 22 Street; and
WHEREAS, the Project proposes an adaptive reuse of the two (2) existing structures to
accommodate a private school for 159 students, grades pre-k through 12th, in accordance with
Article XA, Section 33-151 of the Code of Metropolitan Dade County, Florida ("County Code")
and Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended
("Miami 21 Code"); and
WHEREAS, the Southern portion of the Property is zoned "T4-R," General Urban
Transect Zone, which requires an Exception for the school use and has a Future Land Use Map
("FLUM") designation of Restricted Commercial; and
WHEREAS, the Northern portion of the Property is zoned "T5-O," Urban Center
Transect Zone, which requires a Warrant for the school use and has a FLUM designation of
Restricted Commercial; and
WHEREAS, the FLUM designation of this Property, Restricted Commercial, allows for
primary and secondary schools; and
WHEREAS, Policy LU-1.1.12 indicates that in order to encourage the development and
maintenance of educational facilities in the City, the City's Land Use policies permit schools in
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all land use classifications except Conservation, Public Parks and Recreation, and Industrial;
and
WHEREAS, the proposed Project is not in a Conservation, Public Parks and Recreation,
or Industrial Land Use classification and the Project is consistent with the Miami Comprehensive
Neighborhood Plan ("MCNP"); and
WHEREAS, the Planning Department conducted a review of the request for an
Exception and a Warrant pursuant to Article 4, Table 3 and Article 7, Sections 7.1.2.4 and
7.1.2.6 of the Miami 21 Code to the Project in accordance with Section 33-151, Article XA of the
County Code, titled "Educational and Childcare Facilities Nonpublic"; and
WHEREAS, the Planning Department recommended to the Planning, Zoning and
Appeals Board ("PZAB") that the Project be approved with conditions as it was found to comply
with all applicable criteria and compatible with its specific location and the less intense Uses in
the neighborhood as the Property is situated along the Coral Way corridor, which presently
hosts a variety of Uses; and
WHEREAS, the Planning Department found that the physical improvements proposed
for the Project further the intent of Article 4, Table 12 of the Miami 21 Code; and
WHEREAS, in the Planning Department's analysis found that the request satisfied the
criteria provided in Article 7, Sections 7.1.2.4 and 7.1.2.6 of the Miami 21 Code for an Exception
and a Warrant; and
WHEREAS, Section 7.1.2.6.c.2 of the Miami 21 Code, titled "Review and Findings,"
indicates that the PZAB shall give full consideration to the Planning Director's recommendations
and shall determine whether to grant the Exception, to grant the Exception with conditions and
safeguards, or to deny the Exception; and
WHEREAS, on July 31, 2019, pursuant to Article 7, Section 7.1.2.6.c.2 of the Miami 21
Code, PZAB gave full consideration to the Planning Director's recommendations and found that
there was competent substantial evidence in the record to unanimously approve, with
conditions, the Exception and Warrant on the Property after due notice and an opportunity to be
heard was afforded to all parties and members of the public; and
WHEREAS, the PZAB adopted Resolution No. PZAB-R-19-035 by a vote of nine to zero
(9-0), Item No. 3, approving, with conditions, the Exception and a Warrant to allow the Project
on the Property; and
WHEREAS, the PZAB adopted the following conditions as part of the Exception:
1. The development shall be substantially in accordance with the plans titled "Brito
Miami Private School" as prepared by Fausto Guerrero consisting of ten (10) sheets
dated stamped received by Hearing Boards on June 26, 2019.
2. The Applicant shall comply with the requirements of all applicable
departments/agencies as part of the City's building permit process.
3. As a condition of approval, the Applicant shall agree not to have a child mix that
requires more than seventeen (17) staff members and at no time shall the number of
students exceed 159.
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4. The hours of operation of the Project are from 7:30 a.m. to 6:00 p.m. Monday
through Friday. Changes to the hours of operation shall require the approval by the
Miami -Dade Traffic Engineering Division and by the City's Planning Department.
5. The Applicant shall submit a final landscape plan in accordance with Chapter 18A of
the County Code and Article 9 of the Miami 21 Code to be approved by the Director
of the Planning Department prior to submitting for a building permit.
6. The Applicant shall obtain approval and comply with recommendations from the
Miami -Dade County Department of Transportation and Public Works and the City's
Office of Capital Improvements.
7. The Applicant shall maintain an active annual park permit with the City's Parks and
Recreation Department for the use of Douglas Park or alternate recreational park as
means of compliance with recreational space requirements. The Applicant shall
provide a copy of said permit by the first Wednesday of every October to the
Planning Department via certified mail.
8. The Applicant shall comply with the provisions of Chapter 36 of the Code of the City
of Miami, Florida, as amended ("City Code"), titled "Noise."
9. Changes to the hours of operation, number of employees, and/or number of children
shall require the Planning Department's review to verify whether a modification or a
new Exception pursuant to Article 7, Section 7.1.3.5 of the Miami 21 Code for the
school use will be required.
10. The Applicant shall provide annual written confirmation from a certified public
accountant of the total student enrollment by the first Wednesday of every October to
the Planning Department via certified mail. At no time, shall said enrollment exceed
159 students.
11. This Exception and Warrant approval are valid for a period of two (2) years during
which a building permit, Certificate of Use, or Temporary Certificate of Use must be
obtained.
12. No cartoon caricature(s) shall be placed on the walls or facades and all signage is
subject to the Miami 21 Code; and
WHEREAS, on August 15, 2019, W. Tucker Gibbs, Esq., on behalf of Oscar Rodriguez
and Albert A. Rincon ("Appellant"), filed an appeal with the Office of Hearing Boards of the
PZAB approval of the Exception to the City Commission; and
WHEREAS, the Appellant claims that the Project is inconsistent with the goals,
objectives, and policies of the MCNP, the Miami 21 Code, and the County Code; and
WHEREAS, the Appellant claims that the Applicant failed to demonstrate that the
Property, approximately 39,450 square feet in area, complies with all requirements pursuant to
the County Code; and
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WHEREAS, the Appellant specifically claims that the Applicant failed to comply with the
requirements regarding adequate space for a recreational area for the students as described in
the County Code and Section F of the Planning Department's analysis; and
WHEREAS, the Appellant claims that due to the Applicant's inability to provide adequate
recreation space as required by the County Code, the Applicant will bus students over a mile
and a half to and from Douglas Park, which is located at approximately 2755 Southwest 37
Avenue; and
WHEREAS, the Appellant also claims that the additional traffic in the morning and
afternoon in addition to the transporting of students to and from the park throughout the day will
impact the health and safety of the neighbors and will further deteriorate the tranquility of the
neighborhood; and
WHEREAS, the Appellant further claims that the Project will use Southwest 31 Avenue
and Southwest 22 Terrace as access points to and from the Property, which will adversely
impact the single-family residential neighborhood; and
WHEREAS, pursuant to Section 33-151.18(a) of the County Code and as further
outlined in Section F of the Planning Department's analysis, 67,035 square feet of recreational
space is required; and
WHEREAS, the Applicant proposed 2,859.5 square feet of recreational space onsite and
ten (10) acres (435,600 square feet) of recreational space off -site via an annual agreement with
the City's Department of Parks and Recreation to use Douglas Park; and
WHEREAS, based on the testimony and evidence presented, after due notice, an
opportunity to be heard has been afforded to all parties and members of the public, and having
considered the testimony of the various witnesses, there is competent substantial evidence in
the record to deny/grant the appeal and affirm/reverse the approval with conditions of the
Exception and Warrant of Resolution No. PZAB-R-19-035;
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 hereby denies/grants the appeal of Resolution No.
PZAB-R-19-035 approving with conditions the Exception and Warrant to allow the Project on the
Property, as more particularly described in Exhibit "A", attached and incorporated, and
affirms/reverses the decision of the PZAB to approve with conditions the Exception and
Warrant.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon its adoption and
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signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
end e ezCiity Attor ey 9/12/2019
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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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