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HomeMy WebLinkAboutPZAB (5691) Resolution06 q� FFFF R City of Miami PZAB Resolution Enactment Number: PZAB-R-19-022 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 5691 Final Action Date: 6/5/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS 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. 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," attached and incorporated; and WHEREAS, the Applicant has applied for an Exception (PZ# 18-299) to allow a Pre - School Use (the "Pre -School") on the Eastern Property and the Western Property (collectively, the "Properties") pursuant to Article 4, Table 4 and Section 7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, as amended (the "Miami 21 Code"); and WHEREAS, the Eastern Property has a zoning designation of "T4-L," General Urban Transect Zone - Limited and a Future Land Use Map ("FLUM") designation of Low Density Restricted Commercial; and WHEREAS, the Western Property has a zoning designation of "T3-L," Sub -Urban Transect Zone — Limited, and FLUM designation of Duplex Residential; and WHEREAS, a Pre -School Educational Use is permitted on the Properties in accordance with Article 4, Table 3 of the Miami 21 Code, as well as the Interpretation of the 2020 Future Land Use Map Element of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, to the west, the Properties abut a property that is designated "T3-L," Sub - Urban Transect Zone — Limited and Duplex Residential; and WHEREAS, to the north, the Properties abut property that is designated "T3-L," Sub - Urban Transect Zone — Limited and "T4-L," General Urban Transect Zone - Limited with FLUM designations of Duplex Residential and Low Density Restricted Commercial; and WHEREAS, to the south, the Properties abut property that is designated "T3-L," Sub - Urban Transect Zone — Limited and "T5-O," Urban Center Transect Zone -Open with FLUM designations of General Commercial and Duplex Residential; and City of Miami Page 1 of 5 File ID: 5691 (Revision: B) Printed On: 6/17/2019 WHEREAS, to the east, the Properties abut property that is designated "T3-O," Sub - Urban Transect Zone - Open, "T4-L," General Urban Transect Zone — Limited, and "T5-O," Urban Center Transect Zone -Open with FLUM designations of Low Density Restricted Commercial and General Commercial; and WHEREAS, on January 21, 2015, the Office of Zoning issued a Waiver, Waiver No. 2014-0117, for the Eastern Property to allow an office building with a subterranean garage (the "Structure"), a ten -percent (10%) reduction in required parking, and a dominant setback of five (5) 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 Pre -School shall have no more than 120 students, approximately 7,038 square feet in classroom space, and a minimum of 17 parking spaces on - site; and WHEREAS, the Structure's garage would 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 Miami -Dade County Traffic Engineering Division submitted to the City of Miami's ("City") Planning staff an approval with conditions for the Traffic Operations Plan ("TOP") of the Pre -School; and WHEREAS, on March 21, 2019, the City's Office of Zoning approved the plans for the Pre -School with the conditions listed in Section 2 of this Resolution; and WHEREAS, Chapter 33, Article XA, 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 that Article, whether more or less restrictive than the standards contained therein; and WHEREAS, Chapter 33, Article XA, Section 33-151.22 of the Miami -Dade County Code of Ordinances indicates that the City shall enforce Article XA, titled "Educational and Child Care Facilities, Nonpublic"; and WHEREAS, the documents submitted to the City's Planning staff show consistency, with conditions, with Chapter 33, Article XA of the Miami -Dade County Code; and City of Miami Page 2 of 5 File ID: 5691 (Revision: B) Printed On: 6/17/2019 WHEREAS, the plans and documents provided to the City's Planning staff showing the configuration of the Structure and Vacant Lot for a Pre -School Use are consistent with Article 4, Table 12, and Article 7, Section 7.1.2.6 of the Miami 21 Code, with conditions; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other regulations of the City; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to request to approve the Exception, with conditions, for the Pre -School at the property located at approximately 4136 North Miami Avenue and 20 Northwest 42 Street, as more particularly described in Exhibit "A"; 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 Ordinance No. 13113, the Zoning Code of the City of Miami, as amended, 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., except as modified herein, specifically as to the number of students and the shifts. 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. City of Miami Page 3 of 5 File ID: 5691 (Revision: B) Printed On: 6/17/2019 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 120 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. 18. Prior to the issuance of a building permit, the Applicant shall obtain a Traffic Sufficiency Letter from the City of Miami. City of Miami Page 4 of 5 File ID: 5691 (Revision: B) Printed On: 6✓17/2019 19. As voluntarily proffered during the public hearing, arrival and dismissal times shall be staggered as indicated in the Letter of Intent and each shift shall have no more than forty (40) students per shift with a maximum of one hundred and twenty (120) students total. Section 3. This Resolution shall be effective immediately upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. ancisco Garc- ia, Director Department of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE ) .-1/7/2-01 Execution bate Personally appeared before me, the undersigned authority lCa limit- , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS �� DAY OF �'(� , 201 _ iYT] q_ Y abet. Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Florida My Commission Expires: �`�1pPVP • BEATRIZALVAREZ ... • Commission # GG 153775 :s,'= • Expires November20, 2021 P,f fig` aaruM't! i Ttpy Figs Inwreneo BOG.3J yo1Q City of Miami Page 5 of 5 File ID: 5691 (Revision: B) Printed On: 6/17/2019 MAP COF EOTJNDARY SURVEY NORTH SCALE: 1"=30' NW 42ND STREET 20. ASPHALT PAVEMENT • 411•. : N90°00'00"E 50.00'•M=*. *t. : N90°00'00'W 85.09' • sID6wri(K ONLNF- 10 • • FIP I/O' N0 ID UNLESS OTHERWISE NOTED ON LINE ONE STORY CBS RES. a 20 ; roNlA*O CONOITI0Y) LOT 22 N90°00'00"E 50.00' LOBLOCK 5 PORTION OF LOT 20 BLOCK 5 HIGHER FLOOR OVERHANG 50.00ag01 GHER FLGGR ERHANG PORTIONOF LOT 24 BL00(5 — NE 42ND STREET N91 °00'OTE 100.00' ql NA,NDER Of REMAINDER MAINDE OF N CK6 LOT J J LEGAL DESCRIPTION (20 NE 42 S'f) )(PORTION OF): Lot 22 and the South 50 feet of Lob 23 and 24, less the East 10 feet of the South 50 fat of said Lot 24, In Block 5, of AMENDED PLAT BUENA VISTA HEIGHTS ADDITION TO THE CITY OF MIAMI, FLORIDA, according to the Plat thereof, as recorded in Plat Book 3, Pape 22, of the Public Records of Miami -Dade County, Florida. LEGEND ABBREVIATIONS: • ARC DISTANCE AC AIR CONOTIONER PAD BCR BROWMD COUNTY RECORDS BLDG • BUILDING BENCH MARK BOB - BASIS OF BEARINGS CBS CONCRETE BLOCK @ STUCCO (C) • CALCULATED C `G • CURB k GUTTER N FENCE COL - COLUMN D.E. - DRAINAGE EASEMENT D.M.E. • DRAINAGE @ MAINTENANCE EASEMENT D/VI • DRIVEWAY EB • ELECTRIC BOX ENC = ENCROACHMENT EP • EDGE OF PAVEMENT EW - EDGE OF WATER FOH - FOUND DRILL HOLE FF - FINISHED FLOOR ELEVATION FIP - FOUND IRON PIPE (NO ID) FIR • FOUND IRON RW (NO 10) FN • FOUND NAIL (ND ID) FPL • FLORIDA POWER & LIGHT TRANSFORMER PAD LE. • LANDSCAPE EASEMENT L.M.E. -LANE MAINTENANCE EASEMENT MEASURED MD MDCR • MIAMIGRILSE RECORDS MH • MAN HOLE ML • MONUMENT LINE • PLAT PEI PN • PUT BOON PC • PORT 05 NRNRf CO PCP -PERMANENT CONTROL POINT PE • POOL EQUIPMENT PAD P• PAGE PI • POINT 0R INTERSECTION PL • PLANTER POB • PONT 0E COMING P• PONT OF COMMENCEMENT PRE - POINT OF REVERSE CURVATURE • - PERMANENT REFERENCE MONUMENT Pi •PgNS OF TANGENCY RECS DISTANCE (R) • RECORD R• RIGHT-OF-WAY REP ES - RESIDENCE SIP - SP LNA S- NAG @ DISK LB/8023 STL TL • SURVEY 0E LINE SWN • 9CEWALK (r1 (TW) -TYPICAL U utlutt B U.. E. • UTILUTILITYEA EASEMENT W/F • W0 01) FENCE SYMBOLS: 03 TELEPHONE RISER O CABLE TV RISER B WATER METER X 0.00 ELEVATION (00') ORIGINAL LOT DISTANCE @ CENTRAL ANGLE - CENTER LINE IX = WATER VALVE • CURB INLET • FIRE HYDRANT LIGHT POLE 0 = CATCH BASIN 'Ty • UTILITY POLE ® • DRAINAGE MANHOLE ®= SEWER MANHOLE - -- - IRON FENCE - -- • WOOD FENCE —•—•— - CHAIN LINK FENCE - — - - OVERHEAD UTILITY WIRE ASPHALT CONCRET PAVERS TILES COVER Survey Pr 8306 MILLS DRIVE SUITE 14 Tel: 305.767. w w w,s u ry ey-p PROPERTY ADDRESS: 4136 N MIAMI AVENUE, MIAMI, FL. 33127 10 NE 42ND STREET, MIAMI, FL. 33127 a ,<.�•,.SP,a� �p51.1 Imo= 9 ' 03/25/19 / vI 1/M C I.EGAL DESCRIPTION (4136 N. MIAMI AVE): Parcel two: Theo North 44 fiat of Lob 23 and 24, and the North 50.00 feet of the South 100.00 feet of Lob 23 end 24. Block 5, BUENA VISTA HEIGHTS ADDITION, according to the plat thereof as recoiled In Plat Book 3, at page 22, of the Public Racwde of Miami -Dade County, Monde, less the Etna 10.00 feet of the North 44.00 bet o/ Rid Lot 24. and lees that part of Lot 24 which Ila within the •Xtemal area formed by • 16.00 radios arc, concave to the Southwest, Unborn to the North One Of Lot 24 and tangent to a Ilse 10.00 feet West of and parallel to the East line Of Rid Lot 24. FLOOD ZONE INFORMATION: BASED ON 111E FLOOD INSURANCE RAZE MAP OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY REVISED ON 09/11/09 AND INDE4 MAP REUSED ON 09/11/09 THE GRAPHICALLY DEPICTED BUILDING(S) SHOWN ON THIS MAP OF SURVEY IS WITHIN ZONE X BASE FLOOD ELEVATION 5/9 COMMUNITY NAME @ NUMBER 99991L_)2.050 MAP k PANEL NUMBER I20116C0304 SUFFIX L. SURVEYOR'S NOTES: 1. ELEVATIONS WHEN SHOWN REFER TO 1929 NATIONAL GEODETIC VERTICAL DATUM (NOVO 1929). 2. NO ATTEMPT WAS MADE TO LOCATE FOOTINGS/FOUNDATIONS, OR UNDERGROUND UTILITIES UNLESS O'HERWSE NOTED. 1 THE LANDS SHOWN HEREON HAVE NOT BEEN ABSTRACTED IN REGARDS TO MATTERS OF INTEREST BY OTHER PARTIES. SUCH AS EASEMENTS, RIGHTS OF WAYS, RESERVATIONS, ETC. ON, PLATTED EASEMENTS ME SHOWN. 1. THIS SURVEY WAS PREPARED FOR AN0 CERTIFIED TO THE PARITIES) INDICATED HEREON ANO IS NOT TRANSFERABLE GR ASSIGNABLE WITHOUT WRITTEN CONSENT OF MIS FIRM. 1 ALL BOUNDARY LIMIT INDICATORS SET ARE STAMPED LBY 5023. 6. THE BOUNDARY LIMITS ESTABLISHED ON THIS SURVEY ARE BASED ON THE LEGAL DESCRIPTION PROVIDED BY THE VENT OR ITS REPRESENTATIVE. 7. FENCE OVNERSHIP IS NOT DETERMINED. 8 ADDITIONS OR DELETIONS TO THIS SURVEY MAP AND/OR REPORT BY SOMEONE OTHER THAN THE SIGNING PARTY(IES) IS PROHIBITED WITHOUT WRITTEN CONSENT Of THE SIGNING 108PARTNIES). 18,HEN 9. BEARINGS WSHOWN ARE TO AN ASSUMED MERIDIAN. THE CENTERLINE OF NW 42ND STREET HAS BEEN ASSIGNED A BEARING OF 11170100'00%. CERTIFIED TO: PERPETUAL LOVE 4128, LLC SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AN0 BELIEF AS RECENTLY SURVEYED AND ORAVN UNDER MY DIRECTION AND MEETS TIE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA STATE BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATME CODE PURSUANT TO SECTION 472.027 FLORIDA STAKE. AUTHENTIC COPIES OF THIS SURVEY SHALL BEAR THE ORIGINAL SIGNATURE AND RAISED SEAL OF THE ATTESTING REGISTERED SURVEYOR AND MAPPER NICOLAS DEL VENTO PROFESSIONAL SURVEYOR B MAPPER STATE OF FLORIDA LIC ( 6945 DATE Or FIELD WORK: 09/12/18 ✓D9/.• 18093429 DRAW BY• NICK CAD FILE: PERPETUAL SWEET 1 Cf 1