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HomeMy WebLinkAboutAnalysis (09-26-19 CC Mtg)Sk-orn -45-Gel CI PI fri :y • f Miami min g Department Submitted Into The Record 05 In ANALYSIS FOR EXCEPTION Staff Analysis Report No. PZ-18-299 (Revised May 24, 2019) Location 4136 N Miami Ave and 20 NW 42 Street Folio Number 0131240201040 and 0131240201020 Miami 21 Transect "T4-L" General Urban Transect Zone — Limited and "T3-L" MCNP Designation Low Density Restricted Commercial and Duplex Residential Commission District Keon Hardemon (District 5) NET District Wynwood-Edgewater Planner Anne -Christine Carrie, Planner II Property Owner Perpetual Love 4136, LLC and Perpetual Love 4128, LLC Project Representative William Riley, Jr., Esq. A. REQUEST Pursuant to Article 4, Table 3 of Miami 21 Code, the property owners Perpetual Love 4136, LLC and Perpetual Love 4128, LLC (collectively, the "Applicant") request an Exception to allow a Pre -School Educational Use (the "Pre -School") on the T4-L property at 4136 N Miami Avenue and on the T3-L property at 20 NW 42 Street. As stated in the Letter of Intent and submitted plans, the Pre -School would have no more than 195 students, and no less than 17 parking spaces. B. RECOMMENDATION Pursuant to Miami 21 Code, Article 7, Section 7.1,2.6 of Ordinance 13114 (Miami 21"), as amended, the Department of Planning recommends an approval with conditions of the request to allow a Pre -School Use based upon the facts and findings in this staff Analysis. Figure 1: Aerial of subject site Figure 2: Zoning designation of subject site StaffAnalysis Report No. PZ-18-299.v3 5-24-2019 Page 1 of 15 C. PROPERTY INFORMATION: The property at 4136 N Miami Ave (the "Eastern Property") is at the southwest corner of NW 42 Street and N Miami Ave. Immediately west of this corner lot lies the property at 20 NW 42 Street (the "Western Property"). The Western Property is designated "T3-L" and is presently developed with a vacant, one-story residential structure; per the Miami -Dade County Property Appraiser. The Eastern Property is designated "T4-L" and is developed with a three-story structure. The two lots currently have individual vehicular access points along NW 42 Street. SURROUNDING USES Miami 21 MCNP / Density Existing Use Nh ort 1T4-L" General Urban — Limited Low -Density Restricted Commercial (36 du/acre) Vacant Land; Single Family; Duplex South "T5-0" Urban Center— Open General Commercial (65 du/ac) Office East "T3-O" Sub Urban —Open and "T4-0" General Urban -Open Low -Density Restricted Commercial (18 to 36 du/acre) Office and Two - Family Dwelling. West "T3-L" Sub Urban -Limited t d s lex R Dupeienial (9 du/ac) Two -Family and Multi -Family Low Density D. BACKGROUND Structure The Eastern Property is developed with an office structure pursuant to Waiver no. 14-0117 (the "Structure'), and consists of an activated rooftop terrace and underground parking. The Structure was conditionally approved with a gross floor area of approximately 15,024 square feet, a parking reduction Waiver for the Office Use, and a Dominant Setback Waiver to allow the structure to be no more than zero feet from the property line. Although the structure received its Certificate of Occupancy, the Applicant indicates that it remained vacant, and City staff confirmed that no Certificates of Use have been issued for that address since the construction of the new building. In support of this request, the Applicant will reconfigure the existing garage to provide seven parking spaces. Additionally, the Applicant will assemble the two properties with a Unity of Title and provide ten additional parking spaces on the Western Property for the sole use Pre - School. Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 2 of 15 Request Date Action 01-21-2015 Waiver No. 2014-0117 to allow a 10% reduction in required parking and to allow a dominant setback of five feet was approved with conditions pursuant to Section 3.3.5 and Section 7.1.2.5.a.28 of Miami 21. 01-23-2019 Building Permit no. BD18-016220-001 is currently under review. 01-23-2019 Building Permit no. BD18-018184-001 is currently under review. 05-01-2019 The Planning and Zoning Appeals Board deferred this item to a date certain of May 15, 05-15-2019 The Planning and Zoning Appeals Board granted the applicant's request for a deferral of this item to a date certain of June 5, 2019. On January 11, 2019, the Applicant submitted an Exception application to establish a Pre - School Use on this site. As part of this request the Applicant prepared a Traffic Operations Plan (the"TOP") which was submitted to the Traffic Engineering Division of the Miami -Dade County Department of Transportation and Public Works (the "Miami -Dade County Traffic Engineering Division"). On March 19, 2019, Miami -Dade County Traffic Engineering Division notified City staff that a Traffic Operations Plan (the "TOP") was approved with conditions. On April 29, 2019, the Applicant submitted a revised site plan for consideration by the Planning Department. On May 1, 2019, at a public hearing before the Planning and Zoning Board of Appeals (PZAB), the Board deferred the Application to a date certain of May 15, 2019. Per the Applicant, a community outreach meeting was held on May 7, 2019 with neighboring properties to discuss the project. On May 15, 2019, at a public hearing before the PZAB, the Board granted the Applicant's request to defer the Application to a date certain of June 5, 2019. Operational Plan The Applicant requests to use 7,038 square feet of classroom space for up to 195 Pre - School aged children. In accordance with the Miami Dade County Code of Ordinances, Section 33-151.18, the Pre -School shall have approximately 4,954 square feet of recreational space, where a minimum of 4,388 square feet are required for children between ages of four and six. As shown in the zoning data table provided on Sheet A1.00 of the submitted plans, the majority of the recreation space will be on the rooftop terrace. The remainder of the recreational area will be on the ground floor between the building and the southern property line. Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 3 of 15 On the ground floor, Sheet A1.00 indicates that the area which currently encloses the mechanical equipment will be modified for use as recreational space. Per the plans, a five- foot tall gate with bars spaced no more than four inches will be added with bars spaced so a 4 diameter ball cannot pass through. This is a building code requirement that guards against children inserting their heads into the fence and not being able to dislodge them. Perthe Applicant's Letter of Intent, the use of the recreational areas will be staggered. The Pre -School will have a total of 12 classrooms. No more than two classrooms will utilize a recreational area at any given time. Since there are two recreational areas, the minimum number of shifts will be three per recreational space. Balls used within the recreational areas will be restricted to the whiffle ball variation, which provides for slow velocity levels and short trajectories, Circulation Per the traffic study reviewed by Miami -Dade County Traffic Engineering Division, student drop-off is staggered and occurs in the underground garage and a surface parking lot. The underground garage plans show a total of seven parking spaces, and the floor plans for Western Property show 10 spaces. As set forth in Section 33-124 of the Miami -Dade County Code of Ordinances, 13 spaces are required for the proposed number of teachers and staff, which leaves a surplus of four parking spaces on the surface lot. Although parking is not required for parents pursuant to Section 33-124, the Applicant proposes to use the additional four parking spaces for visitors to the Pre -School. The Applicant submitted a traffic study that was signed and sealed Iby Joaquin Vargas and dated March 1., 2019 (the "Study"). Per pages 23 and 25 of the Study, traffic control personnel will direct vehicles while standing at the entrance of the parking garage (see Figure 3 below). Circulation within the subterranean garage will consist of two one-way lanes encircling a round -about (see Figure 4 below). Per Sheet A2.00 (see Attachment 1), approximately 12 queuing spaces will be available between the ground floor of the garage and the ramp to access it. In the garage, two staff members will conduct the drop-off and pick-up of children. Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 4 of 15 Figure 3- "On -Site Circulation Diagram no. 1" provided in the TOP. 105 feet Stacking for 4 vehicles LEGEND Parent's Traffic Flow Staff for drop-off/pick-up Traffic Control Personnel af Tech NGINEERING, INC. TRAFFIC OPERATIONS PLAN * According to plans, use of the term "stacking" is synonymous with "queuing". 2 feet ticking for vehicles FIGURE lb CentnerAcademy Miami, Florida Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 5 of 15 Figure 4- "On -Site Circulation Diagram no. 2," provided in the TOP. LEGEND Parent's Traffic Flow Staff for drop-off/pick-up Traffic Control Personnel Tref Tech ENGINEERING, INC. To Underground Drop-off I Pick-up ,., & Staff Parking rt TRAFFIC OPERATIONS PLAN YL •.•rr �-t .11 FIGURE ia. Centner Academy Miami, Florida Staff Analysis Report No. PZ-18-299.v3 5-24-2019. Page 6 of 15 E. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) The Future Land Use Map (FLUM) designates the Eastern Lot as Low Density Restricted Commercial, and the FLUM designation of the Western Lot is Duplex Residential. In accordance with the Interpretation of the 2020 Future Land Use Element of the Miami Comprehensive Neighborhood Plan (MCNP), both Low Density Restricted Commercial and Duplex Residential' FLUM designations allow primary and secondary schools. Per Goal LU-1 of the MCNP, the City shall a[mJaintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods [...J.° In support of this Goal, Policy LU- 1.1.12 states that 'Win order to encourage the development and maintenance of educational facilities in the City of Miami, the City's Land Use policies permit schools in all land use classifications except Conservation, Public Parks and Recreation, and Industrial [„ J." Therefore, the proposed Pre -School is consistent with Policy LU-1.1.12 of the MCNP to encourage the development of education facilities. Miami 21 Code Per Article 4, Table 3 of Miami 21, Pre -Schools are allowed by Exception in the T4-L and the T3-L Transect Zones. Exception Criteria 1: Analysis 1: Per Section 7.1.2.6, the review of an application for an Exception "shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses [...J" Educational facilities tend to support the residential communities in which they are located by providing a safe and easy way for families to access the Pre -School. As indicated in Article 4, Table 3, educational uses are one of the few non-residential uses allowed in the lower density and intensity neighborhoods. Furthermore, the Pre -School is proposed at the intersection of an established residential community and an innovative commercial district. This convergence of uses is consistent with the Miami 21 Zoning Atlas which shows that the Eastern Property is bounded by a different transect in three directions. Given the intensity of several of the current uses in the area, the intensity of the Pre - School use would not further encroach into the abutting T3-L communities. Finding 1: The Pre -School Use is compatible with the less intense T3-L uses in its vicinity. Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 7 of 15 Criteria 2: Section 7.1.2.6 further states that the review of an application for an Exception "shall apply Article 4, Table 12 Design Review Criteria [,..]". Analysis 2: Per the plans and letter of intent submitted to staff, parents will drop off students in the subterranean garage which will minimize the visual impact of the use on the public realm, as well as ensure the safety of pedestrians. This proposal is consistent with Article 4, Table 12 which includes the following design criteria: "Minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties, especially T3 areas.[...] For pedestrian and vehicular safety minimize conflict points such as the number and width of driveways and curb cuts." Furthermore, because of the physical constraints of the existing site, the Applicant has agreed to install a boom barrier at the entrance of the parking lot. The lot will be dosed during the pickup and drop off periods. By preventing the drop-off and pickup of students on the surface lot during the busiest time of day, the number of conflicts between the vehicles and pedestrians will be minimized. Given the operational measures and site improvements proposed by the Applicant for the site, the request for a Pre -School Use is consistent with Article 4, Table 12, as required by the Exception criteria established in Section 7.1.2.6. Finding 2: The application .is consistent with the criteria for an Exception. Miami -Dade County Code of Ordinances Per Section 33-151.11 of the Miami -Dade County Code of Ordinances (the "County Code"), "jnJo 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." As stated herein, the request was analyzed for consistency with the County Code. Educational and Childcare Facilities, Nonpublic Criteria (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. Analysis: Not Applicable Finding: Not Applicable Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 8 of 15 Criteria (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: Per the documents submitted to Staff, no recommendation or application has been submitted to the Board of County Commissioners. However, consistent with Article XA, Section 33- 151.22 of the Miami -Dade County Code of Ordinances, Planning Staff finds that the proposal sufficiently satisfies the County's criteria for the purpose of this Exception analysis. Finding: Therequest to operate a Pre -School is consistent subject to Conditions (see Conditions no. 1 and 2 listed at the end of this document). Criteria (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 Structure is three -stories tall and less than the maximum height allowed in the T4-L transect where it is located. Findings: The Pre -School request is consistent with the criteria. Criteria (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 Structure was approved by the Office of Zoning and the Building Department. Through the operational plan and proposed physical improvements, the Applicant has minimized the impact of the Pre -School Use to the abutting neighborhood. Findings: The request is consistent with the criteria. Criteria (e): Buffers. Buffering elements shall be utilized for visual screening and substantial reduction of noise levels at all property lines where necessary. Criteria (f) Analysis: The scale of the Structure visually buffers the residential neighborhood to the west by creating a transition from the commercial corridor westward. On the ground floor, the Applicant proposes to create a recreational space 'with concrete walls to buffer potential noise produced during recess periods. During the day, the Applicant indicates in the letter of intent that loud bells will not be used. Findings: The request is consistent with the criteria 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 the Miami -Dade Code. Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 9 of 15 Analysis: The Applicant has submitted a landscape plan. The landscape plan will be evaluated during plan check in accordance with Article 9 of the Miami 21 Code. Findings: The request is consistent subject to Conditions (see Conditions no. 5 and 13 listed at the end of this document). Criteria (q): 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 an automobile queuing area for the drop-off and pick-up of students which was approved with conditions by Miami -Dade County. Sheet A2.00 (provided as Attachment 2) indicates that the ramp and garage will accommodate the stacking of up to 12 vehicles on -site, As previously discussed, the Applicant proposes to provide a boom barrier at the entrance to the Western Property. The barrier will be closed during drop-off and pickup times to protect pedestrians and facilitate vehicular circulation. Findings: The request is consistent subject to Conditions (see Conditions no. 3,4 and 6 listed at the end of this document). Criteria (h): Criteria (1): 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: Noise produced from the traffic circulation will be in the subterranean garage and is not expected to impact neighboring properties. The surface lot may need a buffering element, although the Applicant's proposal to close the boom barrier during pick-up and drop-off minimizes the amount of noise that projected from this lot. Findings: The request is consistent subject to Conditions (see Conditions no. 1, 2 and 7 listed at the end of this document). Service areas. Wherever service areas are provided, they shall be screened and located as to not to interfere with the livability of the adjacent residential properties, Analysis: Per sheets A3.00 and A3.01, the Applicant proposes adequate visual screening methods for service areas. Finding: The request is consistent with the criteria. Criteria (1): 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 to serve the educational facility are located underground and on a surface parking lot immediately Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 10 of 15 Criteria (m): west of the structure. With the use of fences, walls and landscape buffers, the surface lots would not visually impact the neighboring properties nor the public right-of-way. Findings: The request is consistent subject to Conditions (see Conditions no. 1 to 6 listed at the end of this document). Criteria (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 from 7:00 am to 6:00 pm, Monday thru Friday. Per the letter of intent, "the Applicant will have three different arrival and dismissal times which will be separated by at least 45 minutes in order to minimize the overlapping of trips between shifts. Currently, the planned student arrival and dismissal times are as follows: (1) First Shift (67 students) will operate from 7:00 am to 1:00 pm; (2) Second Shift (68 students) will operate from 7:45 am to 2:15 pm and (3) Third Shift (70 students) will operate from 8:30 am to 3:00 pm." Any change in the operation hours will require approval by the Miami- Dade Traffic Engineering Division and shall be submitted to the City of Miami Planning Department and Office of Zoning. Findings: The request is consistent with the criteria. Criteria (1) 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 The Properties have a Low Density Restricted Commercial and a Duplex Residential FLUM designation. To the north, south and east are commercial land uses, and to the west are residential uses. By restricting the parents' access to the surface lot and confining the pick-up and drop-off of students to the subterranean garage, the impact to neighboring land uses is minimized. Findings: The request is consistent subject to Conditions (see Condition no. 6 listed at the end of this document). Fences and walls. Recreation and/or play areas shall be enclosed with fences and/or walls. Analysis: Sheet A1.00 denotes a series of guardrails and gates around the recreational areas. in addition to meeting all safety requirements, all fences and walls are conditioned to meet the design criteria of Article 4, Table 12. Findings: The request is consistent subject to Conditions (see Conditions no. 2 and 7 listed at the end of this document). Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 11 of 15 F. NEIGHBORHOOD SERVICES The divisions, departments, and agencies reviewed request and their response is below: Wynwood-Edgewater NET: No objections Code Compliance: No objections Office of Zoning: Approved with conditions Miami -Dade County Traffic Engineering Division: Approved with conditions G. CONCLUSION In light of the existing mix of uses in the area, a Pre -School use is compatible with this neighborhood. Furthermore, the improvements and operational measures proposed by the Applicant further the intent of Article 4, Table 12 and are consistent with the criteria for an Exception pursuant to Section 7.1.2.6. Based on the findings above and input by consulted parties, the Planning Department recommends that the Exception to allow a Pre -School Use on the properties at 4136 N Miami Avenue and 20 NW 42 Street be approved subject to the following Conditions. Conditions: 1. The project shall substantially comply with the Applicant's Letter of Intent, titled "Amended and Consolidated Letter of Intent", dated May 8, 2019, consisting of 9 pages, and with the notarized signature of William W. Riley, Jr., Esq. 2. The project must substantially comply with the plans titled "Centner Academy", consisting of 10 sheets, digitally signed on May 8, 2019, by Christopher J. Luce, including the Conditions of Approval of this Exception request. 3. The site plan shall show a controlled access device (boom barrier) for vehicles at the entrance of the Western Property. 4. The following note shall be added to the site plan for the Western Property: "`No access to the surface parking lot during drop-off and pick-up times". 5. The plans shall include an elevation and material details for a visual screening measure which shall be used for the parking lot on the Western Property. The screening shall be consistent with Article 4, Table 12. 6. The Applicant shall provide a revised Traffic Operations (TOP) Form indicating that parents may only use the subterranean garage during pickup and drop off. 7. The Applicant shall provide material details on plans of the additional security measures on the rooftop, which shall be consistent with Article 4, Table 12. 8. In accordance with Section 9.7 of Miami 21, the Applicant shall provide a buffer along the western lot line of the Western Property to visually screen the parking lot from dissimilar land uses to the west, 9. Changes to the hours of operation, number of employees and/or pupil's registration shall require City review, and if applicable, County, for compliance with the required standards for schools, as well as to the City of Miami applicable codes. 10. Validation of student enrollment by a Certified Public Accountant is required the first Wednesday of every October to the Planning Department to verify student enrollment. At no time, shall enrollment exceed 195 students of Pre -School Age. 11. The Pre -School Use is granted pursuant to this Exception and is not transferable to another property. Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 12 of 15 12_ Provide a safety plan for the Pre -School, including but not limited to video recording cameras for surveillance covering the exterior of the Pre -School. 13. The Landscape Plan for the Pre -School must be designed pursuant to Article 9 of the Miami 21 Code, Chapter 17 of the City Code and Chapter 18A of the Miami -Dade Code. The Landscape Plan must obtain the correspondent approval from Environmental Resources. 14. Signage must be processed under separate permit. 15. The building permit submittal process for this project shall comply with the requirements of all applicable departments and agencies. 16. As set forth in Section 7.1.1.4.b.8, the Planning, Zoning and Appeals Board, after a quasi-judicial hearing, may rescind, modify or change any resolution granting an Exception if, upon application filed by the Director at any time after the grant of an Exception, the board finds that there has been a violation of any conditions, restrictions or limitations in the subject resolution. Such a hearing shall not be held until published notice (per section 62-129 of the City Code) has first been given. If the Director, upon written request of any aggrieved party, refuses or fails to make an application for such rescission, modification or change, the aggrieved party may request the City Commission, through the City Manager, to instruct the Director to do so. The decision of the board shall be appealable to the City Commission in the same manner as an appeal of a board decision regarding an Exception. 17. Pursuant Article 7 Section 7.1.2.4.c.4 A Warrant shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director, Jacqueline Ellis Chief of Land Development CC: Attachment 1- Approval and Conditions of Traffic Operation Plan by Miami - Dade County Traffic Engineering Division. Attachment 2- On -site vehicle stacking Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 13 of 15 ATTACHMENT 1 • • Approval and Conditions of Traffic Operation Plan by Miami -Dade County Traffic Engineering Division. Carole, Anne -Christine From: Estevez. Sameel Leonidas (DTPW) <Samael Estevez@rniamidade,goo Sent Tuesday, March 19, 2019 1237 PM To: Carrie, Anne -Christine Cc: Orue, Jon (DTPW): Senespletia, Yamilet inmve) Subject: RE: Cetnei Academy - pieschool Attachments: Centner Academyl toffic Operations (TOP) Form Ver 11 - Marh 20194 5.0170AAMOOWOMWIAoiowoomowmoibgotboIomwlwwrm*kow6tTqtomi MMUitiMilliMME11111486M4AAQ4a444WU4CSMMONNOWNWMMIg Good afternoon Anne -Christine, This school application originally came to us justwkh the underground parking which was supposed to be uwd es a mix of drop-off and parking. We rejected that proposal and they came back with the plan that you are now reviewing which added the adjacent lot as additional parking aril patent's parking for student's drop off/pick up. For your ecords I've attached the Traffic Operations Plan (TOP) that we ultimately approved for this site. Also, these were the approval conditions: - Final site plan must be submitted fel- review and approval by Miarni Dade Department of Transportation and Public. Works prior to construction, School speed zone must be provided in accordance with the latest FOOT Speed Zoning Manual. -Submit Plans for review and approval by DTPW prior to construction. If you need sot else please do not hesitate to contact me. We look fotward to this type of collaboration/coordination with the city. Regards, Sarneel L. Estevez, P.E. Professional Engineer Department of Transportation and Public Works Traffic Engineering Division 111 NW 1° Street, Suite 1510, Miami, Florida 33120-1900 Ph. (305) 375-1282 I Fax (305) 372-6004 wwvu miarniclacle got "Delivering Excellence Every Day" Please consider the environment before pi this email Miami -Dade County is o public entity subject to Chapter 119 ofthe Florida Statutes concerning public records. E-mail messoges are covered under such laws and thus subject to disclosure. From: Carrie, Anne -Christine imailto:AcCarrie@rniamigov.corn] Sent: Tuesday, Marth19, 2019 12:21 PM To: Estevez, Samael Leonidas (DTPW}<SamaelEsteve@miantidadeov> Subject Cotter Academy - preschool Staff Analysis Report No. PZ-18-299.v3 5-24-2019 Page 14 of 15 i \ PAR::'5 ZEAL PLAN ecaa,3ro•.14r TOM ronwtiK...nn.., ATTACHMENT 2 On -site vehicle stacking tropw�ntwo mp"n,i-A.o 'nerst«n�,.-um..ou 6.11-10 ¢ IFl4pnlliWO bit 111,01111,..1111 W-vlt! V*11,0 JHrilHilwNiSMIrtV.Y o.ee lAwnCOR Staff Analysis Report No. PZ-18-299.0 5-24-2019 Page 15 of 15 Carrie, Anne -Christine From: Sent: To: Cc: Subject: Worth, Collin Wednesday, June 5, 2019 3:09 PM Carrie, Anne -Christine Ellis, Jacqueline; calba@HNTB.com FW: Centner Academy ::,mitted Into The Record Good Afternoon, I have a community meeting I have to attend this evening and will not be available to attend the meeting at City Hall. We are still waiting for a response from the applicant with the following issues with the last communication below from March 21st. While we have not set any conditions, one that we are considering is to require all school traffic to come from N. Miami Ave and to return to N. Miami Ave rather than going through the Buena Vista neighborhood. There is currently great concern by the residents of Buena Vista regarding cut through traffic, and the school without any conditions would exacerbate this problem. We may set this condition as part of the required sufficiency letter prior to obtaining a building permit. Regards, Collin Worth Transportation Analyst Office of Capital Improvements City of Miami Miami Riverside Center 444 SW 2 Avenue - 8th Floor Miami, Florida 33130 Ph: (305) 416-1022 Email: cworth@miamigov.com From: Carlos Alba jmailto:calba(HNTB.com] Sent: Tuesday, April 30, 2019 1:52 PM To: Worth, Collin Subject: FW: Centner Academy CAUTION: This is aneniail from an external source. Do not click links or:open attachments unless you recognize the sender know the content is safe. Good afternoon Collin, Below is the last email sent to the developer/consultant. Thanks, Carlos A. Alba, PE, PTOE Project Manager Tel (305) 222-1456 Cell (305) 509-9187 Email calba(a�hntb.com 1 Submitted Into The Record Miami, FL PZAB Resolution PZAB-R-19- A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), APPROVING OR DENYING AN EXCEPTION, PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED TO ALLOW A PRE-SCHOOL EDUCATIONAL USE ON THE PROPERTIES GENERALLY LOCATED AT 4136 NORTH MIAMI AVENUE AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner — Keon Hardemon, District 5 NET Office: Wynwood Edgewater APPLICANT(S): Perpetual Love 4128, LLC and Perpetual Love 4136, LLC FINDING(S): PLANNING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: An Exception pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.6 to allow a Pre -School Educational Use in an existing structure, located within a "T4-L" General Urban Transect Zone- Limited, and on the adjacent vacant lot, located in a "T3-L" Sub -Urban Transect Zone -Limited. WHEREAS, Perpetual Love 4128, LLC and Perpetual Love 4136, LLC (the "Applicant") owns the properties located at approximately 4136 North Miami Avenue (the "Eastern Property") and 20 Northwest 42 Street (the "Western Property"), as more particularly described in Exhibit "A"; and WHEREAS, the Applicant has applied for an Exception (PZ# 18-299) to allow a Preschool Use (the "Preschool") on the Eastern Property and the Western Property (collectively, the "Properties") to Section 7.1.2.6 of Miami 21; and WHEREAS, the Eastern Property has a zoning designation of General Urban Transect Zone- Limited "T4-L" and a Future Land Use Map designation ("FLUM") of Low Density Restricted Commercial; and WHEREAS, the Western Property has a zoning designation of "T3-L" Sub -Urban Transect Zone -Limited and FLUM of Duplex Residential; and WHEREAS, a Preschool Educational Use is permitted on the Properties in accordance with Article 4, Table 3 of Miami 21, as well as the Interpretation of the 2020 Future Land Use Map Element of the Miami Comprehensive Neighborhood Plan; and WHEREAS, to the west, the Properties abut a T3-L Zoning Transect and a Duplex Residential FLUM; and WHEREAS, to the north, the Properties abut a "T3-L" and "T4-L" General Urban Transect Zone -Limited designation; and WHEREAS, the Properties also abut a Duplex Residential FLUM and Low Density Restricted Commercial FLUM to north; and WHEREAS, to the south, the Properties abut a "T3-L" and "T5-O" Urban Center Transect Zone -Open designations; and WHEREAS, the Properties also abut General Commercial and Duplex Residential FLUM designations to the south; and WHEREAS, to the east, the Properties abut "T3-O" Sub -Urban Transect Zone -Open, T4- L and T5-O transect zones; and WHEREAS, the Properties also abut Low Density Restricted Commercial and General Commercial FLUM designation to the east; and WHEREAS, on January 21, 2015, the Office of Zoning issued a Waiver, no. 2014-0117, for the Eastern Property to allow an office building with a subterranean garage (the "Structure"), a ten -percent reduction in required parking and a dominant setback of five feet; and WHEREAS, on February 16, 2018, a Certificate of Occupancy, No. BD15005709CO, was issued for the Structure as a "Professional Office / Bank/ Financial Institution;" and WHEREAS, the Western Property is presently developed with a vacant one-story residential structure (the "Vacant Lot"); and WHEREAS, the requested Preschool will have no more than 195 students, approximately 7,038 square feet in classroom space, and a minimum of 17 parking spaces on -site; and WHEREAS, the Structure's garage will be reconfigured to allow up to 7 parking spaces for teachers and staff; and WHEREAS, a two-lane roundabout will be added to the interior garage to facilitate queuing for up to 12 vehicles on -site; and WHEREAS, student drop-off and pick-up shall occur in the subterranean garage; and WHEREAS, on March 19, 2019, the Traffic Engineering Division of the Miami -Dade County Department of Transportation and Public Works (the "Miami -Dade County Traffic Engineering Division") submitted to City staff an approval with conditions for the Traffic Operations Plan ("TOP") of the Preschool; and WHEREAS, on March 21, 2019, the Office of Zoning approved the plans for the Preschool Use with conditions; and WHEREAS, Article XA, Chapter 33, Section 33-151.11 of the Miami Dade County Code of Ordinances states that 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; and WHEREAS, Article XA, Section 33-151.22 of the Miami Dade County Code of Ordinances indicates that the City of Miami shall enforce Article XA, titled "Educational and Child Care Facilities, Nonpublic"; and WHEREAS, the documents submitted to City staff do not show consistency with Article XA of the Miami -Dade County Code; and WHEREAS, the plans and documents provided to City staff showing the reconfiguration of the Structure and Vacant Lot for a Preschool Use are net consistent with Article 7, Section 7.1.2.6 and Article 4, Table 12, of Miami 21; and WHEREAS, the Planning, Zoning and Appeals Board has considered the goals, objectives, and policies of the Miami Comprehensive Plan, Miami 21, and all other regulations of the City of Miami. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD 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 Exception requested pursuant to Article 7, Section 7.1.2.6 of Miami 21, is hereby approved subject to the following conditions: 1. The project shall substantially comply with the Applicant's Letter of Intent, titled "Amended and Consolidated Letter of Intent", dated May 8, 2019, consisting of 9 pages, and with the notarized signature of William W. Riley, Jr., Esq. 2. The project must substantially comply with the plans titled "Centner Academy", consisting of 10 sheets, digitally signed on May 8, 2019, by Christopher J. Luce, including the Conditions of Approval of this Exception request. 3. The site plan shall show a controlled access device (boom barrier) for vehicles at the entrance of the Western Property. 4. The following note shall be added to the site plan for the Western Property: "No access to the surface parking lot during drop-off and pick-up times". 5. The plans shall include an elevation and material details for a visual screening measure which shall be used for the parking lot on the Western Property. The screening shall be consistent with Article 4, Table 12. 6. The Applicant shall provide a revised Traffic Operations (TOP) Form indicating that parents may only use the subterranean garage during pickup and drop off. 7. The Applicant shall provide material details on plans of the additional security measures on the rooftop, which shall be consistent with Article 4, Table 12. 8. In accordance with Section 9.7 of Miami 21, the Applicant shall provide a buffer along the western lot line of the Western Property to visually screen the parking lot from dissimilar land uses to the west. 9. Changes to the hours of operation, number of employees and/or pupil's registration shall require City review, and if applicable, County, for compliance with the required standards for schools, as well as to the City of Miami applicable codes. 10. Validation of student enrollment by a Certified Public Accountant is required the first Wednesday of every October to the Planning Department to verify student enrollment. At no time, shall enrollment exceed 195 students of Pre -School Age. 11. The Pre -School Use is granted pursuant to this Exception and is not transferable to another property. 12. Provide a safety plan for the Pre -School, including but not limited to video recording cameras for surveillance covering the exterior of the Pre -School. 13. The Landscape Plan for the Pre -School must be designed pursuant to Article 9 of the Miami 21 Code, Chapter 17 of the City Code and Chapter 18A of the Miami -Dade Code. The Landscape Plan must obtain the correspondent approval from Environmental Resources. 14. Signage must be processed under separate permit. 15. The building permit submittal process for this project shall comply with the requirements of all applicable departments and agencies. 16. As set forth in Section 7.1.1.4.b.8, the Planning, Zoning and Appeals Board, after a quasi- judicial hearing, may rescind, modify or change any resolution granting an Exception if, upon application filed by the Director at any time after the grant of an Exception, the board finds that there has been a violation of any conditions, restrictions or limitations in the subject resolution. Such a hearing shall not be held until published notice (per section 62- 129 of the City Code) has first been given. If the Director, upon written request of any aggrieved party, refuses or fails to make an application for such rescission, modification or change, the aggrieved party may request the City Commission, through the City Manager, to instruct the Director to do so. The decision of the board shall be appealable to the City Commission in the same manner as an appeal of a board decision regarding an Exception. 17. Pursuant Article 7 Section 7.1.2.4.c.4 A Warrant shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director. Section 3. This Resolution shall be effective immediately upon its adoption. EXHIBIT A LEGAL DESCRIPTIONI20 NE 42 SDAPORTIONT OF): Lot 22 and the South 50 feet of Lots 23 and 24, less the East 10 feet of the South 50 feet of said Lot 24, In Block 5, of AMENDED PLAT BUENA VISTA DEPORTS ADDITION TO THE CITY OF MIAMI, FLORIDA, according to the Plat thereof, as rccordcd in Plat Rook 3, Page of the Public Records of Mianti-Dade County, Florida. LEGAL, DESCRIPTION (4136 N. MIAMI AVE): Pomotwo: The North 44 foot of Lots 23 and 24, and the North 50.50 foot of the South 100.00 foot of Lots 23 and 24, Stook 5, BUENA VISTA HEIGHTS ADDITION, according to the Plat thereof se recorded In Plat Soak 3, at page 22, of the Public Records of SiliernICade County, Florida, loss the East 10.00 feet of the North 44.00 feet of said Lot 24, and less that part of Lot 24 which lies within the external area formed by a 15.00 milt* are, concave to the Southwest, tangent to the North line of Lot 24 and tangent to a line 10.00 feet West of and parallel to the East line of said Lot 24.