HomeMy WebLinkAboutPZAB (5691) Resolution06 q�
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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
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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:
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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.
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PROPERTY ADDRESS:
4136 N MIAMI AVENUE, MIAMI, FL. 33127
10 NE 42ND STREET, MIAMI, FL. 33127
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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