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Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6528 Final Action Date: 10/8/2020
MAY BE WITHDRAWN
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
GRANTING OR DENYING THE APPEAL FILED BY VILLAGE MONTESSORI
SCHOOL OF A PLANNING, ZONING AND APPEALS BOARD ("PZAB") DECISION
AND AFFIRMING OR REVERSING PZAB'S DENIAL OF AN EXCEPTION PURSUANT
TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO ALLOW A PRE-SCHOOL/CHILD CARE FACILITY FORA MAXIMUM
OF 186 CHILDREN ON THREE (3) PARCELS LOCATED WITHIN A "T4-R," GENERAL
URBAN TRANSECT ZONE - RESTRICTED, AND "T6-8-O," URBAN CORE
TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1267 SOUTHWEST 22 STREET, 1292 SOUTHWEST 21
TERRACE, AND 2149 SOUTHWEST 13 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 6, 2019, the Village Montessori School ("Applicant") applied for an
Exception to allow a Pre-School/Child Care Facility ("Pre -School Use") on three (3) parcels
located at approximately 1267 Southwest 22 Street, 1292 Southwest 21 Terrace, and 2149
Southwest 13 Avenue, Miami, Florida, as more particularly described in Exhibit ""A", attached
and incorporated ("Property"); and
WHEREAS, following a publicly noticed hearing on July 17, 2019, the Planning, Zoning
and Appeals Board ("PZAB") failed to approve the Exception to allow the Pre -School Use by the
required supermajority vote as there was a motion to approve with conditions wherein four (4)
members voted in favor and three (3) members voted against (4-3) as memorialized in
Resolution No. PZAB-R-19-029 and as further described below; and
WHEREAS, following the public hearing, having heard concerns expressed by the
neighbors and the PZAB, the Applicant revised the plans for further review by the City of
Miami's ("City") Planning Department and filed an appeal for the City Commission's
consideration; and
WHEREAS, the Applicant's revised site plan internalizes stacking on site, reduces the
number of children from 190 to 186, eliminates the existing building that was to house the infant
class and offices on the "T4-R," General Urban Core Transect Zone — Restricted, portion of the
Property, and allocates all educational classes and administrative offices for the Pre -School Use
within the "T6-8-O," General Urban Transect Zone — Open, portion of the Property; and
WHEREAS, the Planning Department's analysis contained in the Amended Analysis for
Exception is based on the revised plans submitted by the Applicant as outlined in Subsection E,
titled "Analysis", of the analysis; and
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WHEREAS, the Property consists of a single -story residential structure constructed in
1939 and a two-story commercial building constructed in 1937; and
WHEREAS, the northern portion of the Property consists of two (2) northern parcels
located at 2149 Southwest 13 Avenue and 1292 Southwest 21 Terrace, which are zoned "T4-
R," General Urban Core Transect Zone — Restricted, have a Future Land Use Map ("FLUM")
designation of Restricted Commercial, and require an Exception for the Pre -School Use; and
WHEREAS, the southern portion of the Property consists of one (1) parcel located at
1267 Southwest 22 Street, which is zoned "T6-8-O," General Urban Transect Zone — Open, has
a FLUM designation of Restricted Commercial, and allows the Pre -School Use by right; and
WHEREAS, the Applicant's amended plans propose the demolition of the single -story
structure and the adaptive reuse of the existing commercial structure to accommodate the Pre -
School Use for one hundred eighty six (186) children ages three (3) months to six (6) years of
age and twenty three (23) staff members pursuant to Article 4, Table 3 and Article 7, Section
7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), and Chapter 33, Article XA of the Miami -Dade County Code of
Ordinances ("County Code"), titled "Educational and Child Care Facilities Nonpublic"; and
WHEREAS, Section 7.1.2.6 of the Miami 21 Code indicates that, as identified in Article
4, Table 3 of the Miami 21 Code, a Use may be permitted by Exception in specific Transect
Zones if it conforms to criteria of the Miami 21 Code; and
WHEREAS, the City's Planning Department conducted a review of the request for an
Exception pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.6 of the Miami 21 Code to
allow the Pre -School Use in accordance with Chapter 33, Article XA of the County Code; and
WHEREAS, Chapter 33, Article XA of the County Code is applicable in the incorporated
areas of Miami -Dade County ("County"), including the City, and no municipality shall adopt
physical standards governing child care facilities that are in conflict with or in addition to these
standards; and
WHEREAS, the term "child care facility" is used throughout Chapter 33, Article XA of
the County Code; and
WHEREAS, the City's Planning Department recommended to the PZAB that the Pre -
School Use be approved with conditions as it was found to comply with all applicable criteria
with conditions; and
WHEREAS, the City's Planning Department recommended to the PZAB that the Pre -
School Use be approved with conditions as it was found compatible with its specific location and
the less intense uses in the neighborhood as it is located along the Coral Way corridor, which
presently hosts a variety of uses; and
WHEREAS, the City's Planning Department's Amended Analysis for Exception, attached
and incorporated as Exhibit "B," found the Exception request to allow a Pre -School Use is
consistent with the goals of the Miami 21 Code and the Miami Comprehensive Neighborhood
Plan ("MCNP"); and
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WHEREAS, the City's Planning Department recommended approval of the Applicant's
previous and current amended request for an Exception with the following revised conditions to
permit a Pre -School Use for up to one hundred eighty six (186) children and twenty three (23)
staff members:
1. The development shall be substantially in accordance with the plans titled "Village
Montessori School" as prepared by WHA Designs, which consists of thirteen (13)
sheets batched stamped by the City on April 29, 2020 as well as site survey
information included on two (2) sheets batch stamped by the City on April 30, 2020
and one (1) sheet batch stamped by the City on June 26, 2019.
2. The Applicant shall comply with the requirements of all applicable
departments/agencies as part of the City's building permit process.
3. As a condition of approval, the Applicant shall agree not to have a child mix that
requires more than twenty three (23) staff members and at no time shall the number
of children exceed one hundred eighty six (186).
4. The hours of operation are from 7:30 a.m. to 6:00 p.m., Monday through Friday.
Changes to the hours of operation shall require the approval of the County's Traffic
Engineering Division and the City's Planning Department.
5. The Applicant shall submit a final landscape plan in accordance with Chapter 18A of
the County Code and Article 9 of the Miami 21 Code to be approved by the City's
Planning Director prior to submitting for a building permit.
6. The Applicant shall incorporate landscaping in the center circle located within the
parking area.
7. The Applicant shall obtain approval and comply with all recommendations from the
County's Department of Transportation and Public Works and the City's Office of
Capital Improvements.
8. The Applicant shall comply with the provisions of Chapter 36 of the Code of the City
of Miami, Florida, as amended ("City Code"), titled "Noise".
9. Changes to the hours of operation, number of employees, and/or children shall
require the Planning Department's review to verify whether a modification or a new
Exception pursuant to Article 7, Section 7.1.3.5 of the Miami 21 Code for the Pre -
School Use will be required.
10. The Applicant shall provide an annual written confirmation from a certified public
accountant of the total student enrollment by the first Wednesday of every October to
the City's Planning Department via certified mail. At no time shall said enrollment
exceed 186 students; and
WHEREAS, on July 17, 2019, the PZAB held a public meeting regarding the Exception
application and the PZAB considered the goals, objectives, and policies of the MCNP, the Miami
21 Code, and all other City regulations; and
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WHEREAS, PZAB members indicated on the record during the public hearing that the
Property was inappropriate for the Pre -School Use as it would have a negative adverse impact
on the immediate residential neighborhood; and
WHEREAS, PZAB members further indicated on the record during the public hearing
that the site layout would affect traffic patterns along the residential street of Southwest 21
Terrace; and
WHEREAS, on August 23, 2019, the Applicant filed with Hearing Boards an appeal of
the PZAB's denial of the Exception to the City Commission; and
WHEREAS, the Applicant claims that it is entitled to a decision in quasi-judicial matters
and the failure of a motion to approve does not constitute a decision on a quasi-judicial matter;
and
WHEREAS, the Applicant claims that because a motion to deny was not made and
adopted, the Applicant's application was not decided; and
WHEREAS, the Applicant further argues that in deeming the application denied because
a motion to approve failed, the Applicant was denied due process; and
WHEREAS, the Applicant additionally claims that Section 7.1.2.6(c)(2) of the Miami 21
Code provides that the PZAB "shall issue written findings that the applicable requirements of the
Miami 21 Code have or have not been met" and "shall include a citation to legal authority for any
denial of an Exception;" and
WHEREAS, the Applicant alleges that the application was deemed denied when the
motion to approve failed but the PZAB gave no findings, reasons, or legal authority to support a
denial of the application; and
WHEREAS, the Applicant further argues that the record below does not contain any
substantial competent evidence to support a denial of the Applicant's application; and
WHEREAS, based on the testimony and evidence presented, after due notice, an
opportunity to be heard has been afforded to all parties and members of the public, and having
considered the testimony of the various witnesses, there is competent substantial evidence in
the record to deny/grant the appeal and affirm/reverse the denial of the Exception under
Resolution No. PZAB-R-19-029;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 City Commission hereby denies/grants the appeal filed by the Applicant
and affirms/reverses the PZAB decision regarding an Exception pursuant to Article 4, Table 3
and Article 7, Section 7.1.2.6 of the Miami 21 Code to allow a Pre -School Use for a maximum of
one hundred eighty six (186) children on three (3) parcels located within a "T4-R," General
Urban Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone - Open, for the
Property, as more particularly described in Exhibit "A", attached and incorporated.
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Section 3. The Exception is hereby approved/denied/approved with the conditions as
stated herein.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 5. This Resolution shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within
ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission or upon
the effective date stated herein, whichever is later.
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