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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET ;1Ca1B�:= DS19191 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY PROSPERO MUNGUTA, DARINA MUNGUTA, KIRK MUNGUTA, ULYSSES KEMP, ROSA RAMOS, GENA VEILLARD, BUENA VISTA HEIGHTS NEIGHBORHOOD ASSOCIATION, AND BUENA VISTA EAST HISTORIC NEIGHBORHOOD ASSOCIATION (COLLECTIVELY, "APPELLANT') OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB") AND AFFIRMING PZAB-S APPROVAL, WITH CONDITIONS, OF AN EXCEPTION TO ALLOW A PRE-SCHOOL EDUCATIONAL USE 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, ON LOTS ZONED "74- L," GENERAL URBAN TRANSECT ZONE -LIMITED, AND 73-L," SUBURBAN TRANSECT ZONE -LIMITED, AND 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. LOCATION(S): 4136 N. Miami Av and 20 NW 42 St [Commissioner Keon Hardemon- District 5] APPLICANT(S): William Riley, Jr., Esq. on behalf of perpetual Love 4136 LLC and Perpetual Love 4128, LLC APPELLANT(S): Prospero Munguia, Darina Munguia, Kirk Munguia, Ulysses Kemp, Kirk Munguia, Rosa Ramos, Gena Veillard, Buena Vista Heights Neighborhood Association, and Buena Vista East Historic Neighborhood Association PURPOSE: The appellant seeks to have the City Commission reverse the PZAB decision. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING, AND APPEALS BOARD: Approved with conditions the Exception on June 5, 2019, by a vote 6-0. File Number: 6342 City of Miami Legislation Resolution Enactment Number: R-19-0433 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:10/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY PROSPERO MUNGUTA, DARINA MUNGUTA, KIRK MUNGUTA, ULYSSES KEMP, ROSA RAMOS, GENA VEILLARD, BUENA VISTA HEIGHTS NEIGHBORHOOD ASSOCIATION, AND BUENA VISTA EAST HISTORIC NEIGHBORHOOD ASSOCIATION (COLLECTIVELY, "APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB") AND AFFIRMING PZAB'S APPROVAL, WITH CONDITIONS, OF AN EXCEPTION TO ALLOW A PRE-SCHOOL EDUCATIONAL USE 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, ON LOTS ZONED "74-1_," GENERAL URBAN TRANSECT ZONE -LIMITED, AND 73-L," SUBURBAN TRANSECT ZONE -LIMITED, AND 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 4136, LLC and Perpetual Love 4128, LLC (collectively, "Applicant") submitted an application (ePlan PZ -18-299) to the City of Miami ("City") 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"), for an Exception to allow a Pre - School Educational Use ("Pre -School") on the properties generally located at 4136 North Miami Avenue, Miami, Florida ("Eastern Property") and 20 Northwest 42 Street, Miami, Florida ("Western Property"), as more particularly described in Exhibit "A", attached and incorporated (collectively, "Property"); and WHEREAS, the Eastern Property has a zoning designation of 74-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 73-L," Sub -Urban Transect Zone—Limited, and a FLUM designation of Duplex Residential; and WHEREAS, the Property is surrounded by properties that are designated 73-L," Sub - Urban Transect Zone—Limited; 73-0," Sub -Urban Transect Zone—Open; 74-L," General Urban Transect Zone—Limited; and 75-0," Urban Center Transect Zone -Open; and WHEREAS, the Property is surrounded by properties with FLUM designations of Duplex Residential, Low Density Restricted Commercial, and General Commercial; and WHEREAS, pursuant to Section 7.1.2.6. of the Miami 21 Code, an Exception application shall be reviewed for compliance with the regulations of the Miami 21 Code, a traffic study shall be provided as required by the Planning Director, the review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses, and Article 4, Table 12 Design Review Criteria of the Miami 21 Code shall be applicable; and WHEREAS, on November 8, 2018, a Traffic Study prepared by Traffic Tech Engineering, signed and sealed on October 29, 2018, was provided by the Applicant and reviewed by both the City and Miami -Dade County ("County"); and WHEREAS, on March 19, 2019, the County's Traffic Engineering Division submitted to the Planning Department an approval with conditions for the Traffic Operations Plan ("TOP") of the Pre -School; and WHEREAS, on May 1, 2019, the Planning Department found that the documents initially submitted failed to show compliance with the standards of Article 4, Table 12 and the criteria listed in Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code for an Exception and recommended that the Planning, Zoning, and Appeals Board ("PZAB") deny the request for an Exception; and WHEREAS, the Applicant indicated that a community outreach meeting with the neighboring property owners was held on May 7, 2019 to discuss the Pre -School; and WHEREAS, on May 9, 2019, the Applicant submitted revised plans and documents which complied with the criteria for the review of an Exception request; and WHEREAS, Chapter 33, Article XA, Section 33-151.11 of the Miami -Dade County Code of Ordinances, as amended ("County Code"), 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 County Code indicates that the City shall enforce Article XA, titled "Educational and Child Care Facilities, Nonpublic"; and WHEREAS, the documents submitted to the Planning Department show consistency, with conditions, with Chapter 33, Article XA of the County Code; and WHEREAS, the plans and documents provided to the Planning Department showing the configuration of the Structure and Vacant Lot for a Pre -School are consistent with Article 4, Table 12 and Article 7, Section 7.1.2.6 of the Miami 21 Code, with conditions; and WHEREAS, Goal LU -1 of the Miami Comprehensive Neighborhood Plan ("MCNP") indicates that the City shall maintain a land use pattern that protects and enhances the quality of life in the City's neighborhoods; and WHEREAS, in support of the aforementioned Goal to protect and enhance quality of life, Policy LU -1.1.12 indicates that in order to encourage the development and maintenance of educational facilities in the City, the City's Land Use policies permit schools in all land use classifications except Conservation, Public Parks and Recreation, and Industrial; and WHEREAS, the proposed Pre -School is not in a Conservation, Public Parks and Recreation, or Industrial Land Use classification; and WHEREAS, accordingly, the Planning Department recommended to the PZAB that the Pre -School Use be approved with conditions as it was found to be compatible with its specific location and the less intense Uses in the neighborhood for it is situated along the Northwest 7 Avenue corridor, which presently hosts a variety of Uses; and WHEREAS, the recommendation from the Planning Department to the PZAB during the June 5, 2019 hearing found that the operational measures and physical improvements proposed for the Pre -School furthered the intent of Article 4, Table 12 of the Miami 21 Code; and WHEREAS, the Planning Department also found that the request satisfied the criteria provided in Article 7, Section 7.1.2.6 of the Miami 21 Code for an Exception, with conditions; and WHEREAS, Section 7.1.2.6.c.2 of the Miami 21 Code, titled "Review and Findings," indicates that the PZAB shall give full consideration to the Planning Director's recommendations and shall determine whether to grant an application for Exception, to grant with conditions and safeguards, or to deny the application; and WHEREAS, pursuant to Article 7, Section 7.1.2.6.c.2 of the Miami 21 Code, PZAB gave full consideration to the Planning Director's recommendations and found that there was competent substantial evidence in the record to unanimously approve the Exception with conditions after due notice and an opportunity to be heard was afforded to all parties and members of the public; and WHEREAS, on June 5, 2019, the PZAB adopted Resolution No. PZAB-R-19-022, which approved the Exception contingent upon compliance with 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 of the Miami 21 Code. 6. The Applicant shall provide a revised 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 of the Miami 21 Code. 8. In accordance with Section 9.7 of the Miami 21 Code, 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 students' registration shall require City review and County review, if applicable, for compliance with the required standards for schools as well as all City codes and regulations. 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 is granted pursuant to this Exception and is not transferable to another property. 12. The Applicant shall 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 Code of the City of Miami, Florida, as amended ("City Code"), and Chapter 18A of the County Code. The Landscape Plan must obtain approval from Environmental Resources. 14. Signage must be processed under separate permits. 15. The building permit submittal process for the Pre -School shall comply with the requirements of all applicable departments and agencies. 16. As set forth in Section 7.1.1.4.b.8 of the Miami 21 Code, the PZAB, after a quasi- judicial public hearing, may rescind, modify, or change any resolution granting an Exception if, upon application filed by the Planning Director at any time after the granting of an Exception, PZAB finds that there has been a violation of any conditions, restrictions, or limitations. Such a hearing shall not be held until published notice pursuant to the City Code has first been given. If the Planning 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 Planning Director to do so. The decision of PZAB shall be appealable to the City Commission in the same manner as an appeal of a PZAB decision regarding an Exception. 17. Pursuant Article 7, Section 7.1.2.6.e. of the Miami 21 Code, an Exception 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, signage, 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. 19. As voluntarily proffered during the public PZAB 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 twenty (120) students total; and WHEREAS, on July 1, 2019, an appeal of PZAB Resolution No. R-19-022 was submitted to the Office of Hearing Boards by Allen McPhee (on behalf of Sylvia Abraham — abutting property owner), Prospero, Darina, Kirk Munguia, Ulysses Kemp, Rosa Ramos, Gena Veillard, Buena Vista Heights Neighborhood Association, and Buena Vista East Historic Neighborhood Association (collectively, "Appellant') indicating that the application failed to comply with all applicable regulations as shown by two (2) staff analyses and other evidence that will be presented at the hearing; and WHEREAS, on July 15, 2019, Allen McPhee submitted a voluntary withdrawal letter of Sylvia Abraham's participation in the appeal; and WHEREAS, consideration has been given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other regulations of the City; 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 the appeal and approve the Exception with conditions; 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 the appeal of Resolution No. PZAB-R- 19-022 approving the Exception, with conditions, to allow a Pre -School on the Property and affirms the decision of the PZAB to approve the Exception with all the conditions provided by the PZAB as well as the following two (2) additional conditions: 1. Upon approval of this Exception, the Applicant shall perform a study of the pick-up and drop-off component of the building and test for safety levels, specifically for Carbon Monoxide, with an inspection to be performed by the City's Fire -Rescue Department to deem any such levels safe. 2. Signage shall be put in place on site directing any and all traffic emerging from the site to Miami Avenue Section 3. 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 4. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i . nd` ez, Ciky Attor t ey 8/3012019 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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.