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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 LEGEND Tral Tech Iil Lrtg 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 Page 5 of 8 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 Page 6 of 8 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 Page 8 of 8