HomeMy WebLinkAboutAnalysis (Obsolete; 09-12-19 CC Mtg)City of Miami
Planning Department
ANALYSIS FOR
EXCEPTION
Staff Analysis Report No.
PZ-18-299
Location
4136 N Miami Ave and 20 NW 42 Street
Folio Number
0131240201040 and 0131240201020
Miami 21 Transect
General Urban Transect Zone — Limited ("T4-L")
MCNP Designation
Low Density Restricted Commercial
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 Preschool Educational Use (the "School") on the properties at 4136 N Miami Avenue
and 20 NW 42 Street.
As stated in the Letter of Intent and submitted plans, the School would have no more than
195 students, and no less than 13 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 a denial of the request based upon the
facts and findings in this staff report.
Figure 1: Aerial of subject site
C. PROPERTY INFORMATION:
The property at 4136 N Miami Ave (the "Eastern Property") is at the southwest corner of NW
42nd Street and N Miami Ave. Immediately west of this corner lot lies the property at 20 NW 42
Street (the "Western Property").
Staff Analysis Report No. PZ-18-299
Page 1 of 8
The Western Property is designated Sub -Urban Transect Zone — Limited (T3-L), and is
presently developed with a vacant, one-story residential structure; per the 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 to the north, along NW 42 Street.
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
General Urban — Limited
(T4-L)
Low -Density Restricted
Commercial (36 du/acre)
Vacant Land; Single
Family; Duplex
South
Urban Center —Open
(T5-O)
General Commercial
(65 du/ac)
Office
East
Suburban —Open (T3-O)
and General Urban -Open
(T4-O)
Low -Density Restricted
Commercial
(18 to 36 du/acre)
Office and Two -
Family Dwelling.
West
Single Family -Limited
(T3-L)
Duplex Residential
(9 du/ac)
Two -Family and
Multi -Family Low
Density
D. BACKGROUND
Structure
The Eastern Property was originally developed for an office pursuant to Waiver no. 14-0117,
and consists of an activated rooftop terrace and underground parking. The structure was
conditionally approved and proposed 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 staff
confirmed that no Certificates of Use have been issued for that address since the construction
of the new building.
On the Western Property, the Applicant proposes a surface parking lot with 10 parking
spaces. Per Miami 21, a Unity of Title will be required for the surface lot to be taken into
consideration.
Request
The Applicant submitted application for the Exception for a Preschool on January 11, 2019.
On March 19, 2019, the Dade County Department of Transportation and Public Works
Traffic Engineering Division notified City staff that a Traffic Operations Plan was approved
with conditions.
No Code violations were reported on the property at this time.
Operational Plan
Staff Analysis Report No. PZ-18-299
Page 2 of 8
The Applicant requests to use 7,208 square feet of classroom space for up to 195 preschool
aged children. In accordance with Section 33-151.18, the School will have a little over 5,000
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 on the zoning data provided by the Applicant, the majority of the recreation space
will be on the rooftop terrace, and the remainder will be provided on the ground floor against
the southern property line of the Eastern Site. No safety measures on the rooftop nor ground
floor were submitted to staff.
Circulation
Per the traffic study reviewed by Dade County Transportation, student drop-off will be
staggered and occur in the underground garage and a surface parking lot. The underground
garage plans show a total of 7 parking spaces, and on the surface lot are 10 spaces. No
more than 13 teachers and administrative staff will be allowed at the school, which thereby
leaves an extra 4 parking spaces on the surface lot. The Applicant proposes to
accommodate parents by using the additional four parking spaces on the surface lot, as well
as the newly configured garage.
As indicated on the traffic study the parents who use the surface lot will walk their children
to the building. Traffic Control Personnel will direct the remaining parents to the underground
garage where there will be two separate one-way lanes encircling a round -about (see the
"On -Site Circulation Diagram" below). Per the Traffic form submitted to the County,
approximately 10 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. Per the plans, no pedestrian or vehicular cross -access is proposed
between the school and the parking lot.
N
105 feet 192 feel
SNIn Slacking for
LEOEND
Trel Ted'
TRAFFIC OPERATIONS PLAN
FIGURE lb
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TRAFFIC OPERATIONS PLAN
5.
FIGURE la
Table 5.3-2 Automobile Loading Zone Vehicle Capacity Summary (Automobiles and Vans)
Route Name Stacking Space Capacity Queuing Spaces Capacity Total Capacity
Garage 2 6 (underground) * 4 (ramp)
Lot
ISee note below I
12
NOTE: The underground garage will provide parking spaces for staff only. Drop-off is available
at the underground garage. The surface parking lot is available for parents. It is anticipated
that most parents will park and then walk their children to class.
Figure 2— On -site Circulation Diagram
Staff Analysis Report No. PZ-18-299
Page 3 of 8
RELATED APPROVALS
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.
E. ANALYSIS
Miami Comprehensive Neighborhood Plan (MCNP)
The Future Land Use Map (FLUM) designates this lot for Low Density Restricted Commercial. In
accordance with the Interpretation of the 2020 Future Land Use Map Element of the Miami
Comprehensive Neighborhood Plan (MCNP), among the uses allowed in areas designated as
Low Density Restricted Commercial are primary and secondary schools.
Miami 21 Code
Per Article 4, Table 3 of Miami 21, pre-schools are allowed by Exception in the T4-L transect.
Exception
Criteria 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 [...]"
Criteria 2:
Analysis 1:
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 school. As indicated in Article 4, Table 3,
educational uses are one of the few non-residential uses allowed
in the lower density neighborhoods.
Furthermore, the 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
Preschool use would not further encroach into the neighboring
communities.
Finding 1: The Preschool Use is compatible with the less intense uses in its
vicinity.
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 [...]".
Staff Analysis Report No. PZ-18-299
Page 4 of 8
Analysis 2:
Per the plans submitted to staff, parents dropping off students
from the Western Property would need to personally walk their
child through the drive isle, onto the five-foot wide public sidewalk
and past the two-way garage entrance. This proposal is
inconsistent 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."
To satisfy this criteria, a redesign based on recommendations by
the County and City Staff may be required.
The property is in the General Urban Transect Zone — Limited
(T4-L). As indicated in the Waiver decision, the structure where
the pre-school would operate was approved and built to conform
to the T4 transect standards of Miami 21.
Finding 2: Consistent with conditions.
Miami -Dade County Code of Ordinances
Per Section 33-151.11 of the Miami -Dade County Code of Ordinances (the "County Code"),
"[n]o 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
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: The Applicant has not provided a recommendation from the Board
of County Commissioners for this site.
Finding: Pending receipt of this recommendation, the request is
inconsistent with the criteria.
Staff Analysis Report No. PZ-18-299
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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 3 stories tall and Tess than the maximum height
allowed in this transect. Within the property's immediate vicinity,
buildings range from one up to three stories.
Findings: Consistent.
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 zoning and building
departments pursuant to the Miami 21 standards for this location.
Findings: Consistent.
Criteria (e):
Criteria (f)
Buffers. Buffering elements shall be utilized for visual screening
and substantial reduction of noise levels at all property lines
where necessary.
Analysis: The scale of the structure visually buffers the neighborhood to the
west by creating a transition from the commercial corridor
westward.
At this time, no noise buffering efforts were submitted to staff for
the classrooms and recreation space. Although the structure's
numerous windows provide a great deal of natural light for
students, there is no indication that they would cancel out
outgoing noise.
Findings: The request is consistent subject to the condition that the
applicant addresses the lack of noise buffering.
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.
Analysis: The applicant has submitted a landscape plan. The landscape
plan will be evaluated during plan check in accordance with of the
and Miami 21 Code, Article 9, Landscape Requirements and
Miami -Dade County Code, Chapter 18A, Landscape Ordinance.
Findings: Conditionally complies.
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 designated stacking area for the drop-
off and pick-up of students which was approved with conditions
Staff Analysis Report No. PZ-18-299
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Criteria (h):
Criteria (i):
by the City and County. The proposed walkways between the
surface parking and the building require additional review and
possible re -design.
Findings: Conditionally complies.
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: At this time, no noise mitigation effort has been submitted to staff
for review.
Findings: Does not comply
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: The project will be conditioned to provide screening that is
consistent with Article 4, Table 12 or Waiver no. 2014-0117.
Finding: Conditionally complies.
Criteria (I):
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 to the west.
Although the garage is adequately screened, additional revisions
will be needed for the surface parking lot.
Findings: Conditionally complies.
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 submitted to the City of
Miami Planning and Zoning Department.
Findings: Complies
Criteria (I) Industrial and commercial. Where schools are permitted in
industrial or commercial areas it shall be clearly demonstrated in
Staff Analysis Report No. PZ-18-299
Page 7 of 8
graphic form how the impact of the commercial or industrial area
has been minimized through design techniques.
Analysis: The property is in a Low Density Restricted Commercial Future
Land Use District. This Exception would be conditioned on the
Applicant sufficiently demonstrating that the impact of
neighboring commercial and industrial areas shall be minimized.
Findings: Consistent with conditions.
Criteria (m): Fences and walls. Recreation and/or play areas shall be enclosed
with fences and/or walls.
Analysis: Insufficient information was provided regarding this requirement
on the plans.
Findings: Inconsistent.
F. EIGHBORHOOD SERVICES
What Divisions / Departments / outside agencies reviewed request and what was
outcome.
Wynwood-Edgewater NET: No objections
Code compliance: No objections
Zoning: Approved with conditions
Miami -Dade County Traffic: Approved with conditions
G. CONCLUSION
In light of the existing uses of the area, a Preschool would be consistent with the Exception
criteria as a Use. However, based the location of the Preschool, the existing structure, and
the plans submitted to staff, the request does not meet the standards of Article 4, Table 12
and are thereby inconsistent 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 a denial of the Exception to allow a Preschool on the properties generally
located at 4136 N Miami Avenue and 20 NW 42 Street.
N�Q
Jacqueline"Ellis
Lard Development Chief
Staff Analysis Report No. PZ-18-299
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