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HomeMy WebLinkAboutSubmittal - Ulysses Kemp - PZAB Resolution R-19-022• . - f, g Submitted into the .ublic record for ijem(s) 0 (•r} S22 - a on -. i ..t,r . ill ? City Clerk 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: 8) Printed On: 6/17/2019 lio8d. itc(n3S UL4sLY p2A6 rus6o)r a_A-0a Submitted into the public on 4i I record for 'tem(s) I -V City 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: 8) Printed On: 6✓17/2019 lerk Submitted into the public ecard for itern(s) ' l 1 -� (Y-2 i t' City Clerk' 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 2.6The 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. 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 Submitted into the public record for item(s) 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: 8) Printed On: 6/17/2019 Submitted into the public record for item(s) on City erk 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. "/ 'rancisco Garcia, Director Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Execution Date Personally appeared before me, the undersigned authority.1:—V 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 1� j DAY OF )(".Q.. . 201q I 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 My Commission Expires: ,o«"'' BEATRIZALVAREZ Commission # GG 153775 '0`Expires November 20, 2021 ."4.rfON' `"� Beaded TIvu Troy FFIn tntun!nco 80.384.7glg City of Miami Page 5 of 5 File ID: 5691 (Revision: 8) Printed On: 6/17/2019 NORTH Sf,AI(: 1'4'3w • /V • . In . 01,01*4I un ONE S f(MY CPS • PI geS.420 N00'00y00'C50.00* NW 42ND STREET A5•.An M(A5. 01 • »90'00'OOINBS00'• 14024* f , 7. ra '�•� N.Clr,,l0 M1A( II, • O 3 S7ORV CPS COMN[A61AL .....I...,Y 04100 m • MMA..Inn Or 110p(> f') ,Vnntwn. -e,1(UM \O.:N.10as, • a N90'0(r.,r, 100.00' loth ne rt,Y WI> LK(;M. UES('RIPI'Ur* (2O NE 42. NI))(p11121103 OF): Mat 22 .nil the So.,Ih 50 feet of Loin 23 sod 24, k11 Mr En, AMENDED PLAT BUENA VISTA IIKIC1(TS ADDITI01 Pht Ihrreof, 4s recorded in RIM) Bonk t„ PeyS 22, of the P4 S RVEY t11N I. 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