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HomeMy WebLinkAboutPZAB (5691) ResolutionG�qY UF�i City of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL 33133 www.miamigov.com Enactment Number: PZAB-R-19-022 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 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 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 "73-1_," Sub - Urban Transect Zone — Limited and Duplex Residential; and WHEREAS, to the north, the Properties abut property that is designated 73-L," Sub - Urban Transect Zone — Limited and 74-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 73-L," Sub - Urban Transect Zone — Limited and 75-0," 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: 6/1712019 WHEREAS, to the east, the Properties abut property that is designated 73-0," Sub - Urban Transect Zone - Open, 74-L," General Urban Transect Zone — Limited, and "75-0," 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: 611712019 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". 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: 611712019 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: 611712019 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 Garcia, Director Execution bate t `l' Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority�VlCa l� , 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 F� DAY OF 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 201 Not ry Public State of Florida My Commission Expires: ��4P?YP BEATRIZALVAREZ" Y114. - _ Commission # GG 153775 's �P: Expires November 20, 2021 P, f fig` know T% Tmy 1`0 Inwror" B"fr7019 _- j City of Miami Page 5 of 5 File ID: 5691 (Revision: B) Printed On: 6117/2019 MAP OF gOLTNDARY SURVEY NORTH SCALE: 1"=30' LEGEND r a'a qP °J15 ABBREVIATIONS: NW 42ND STREET - ARC DSTANCE SPAVE P❑ AC - AIR CONDITIONER PAD BBROWMD COUNTY RECORDS - BUILDING BM -BENCHMARK BOB- a_ Or BEARINGS www -survey -p"::' CBS - CONCRETE BLOCK a STUCCD `� I$ '• al. •; N90°0000 E50.00"' M N90°00_'00'VJ 05.09' DE Z D/Y, - DRI WAY EB - ELECTRIC BOX ENC - ENCROACHMENT ) 50DOD 1 EP - EDGE OF PAWM[No EW - EDGE OF WATER FOM - FOUND DRILL HOLE A- FINISHED FLOOR ELEVATION ;—� I IBHANG R ONLINE FPL - TLGR DA POWER A LIGHT TRANSFORMER PAD - L.E.- LANDSCAPE EASEMENT LME - E MAINTENANCE EASEMENT I (M) - MEASURED MDC! . MAM-DACE COUNTY RECORDS MHM N HOLE pi PLAMMENT sent AT PROPERTY ADDRESS: PB - PLAT BON PC -PONT Or CURVATURE PCP - PERMANENT CONTROL PONT ♦ 351 nA• Tn I 3 PL - PLANTER POB - PONT OF BEGINNING TIP arra la fart of OSouth 10000 feet of Lab 23 and 24. Block 5. BUENA PRM - PERMANENT REFERENCE 1 PI_POT NT Q TANGENCY VISTA HEIGHTS ADDITION, according to ttw plat thereof as recorded In u O In Plat Book 3, at f the Public Records of Warrg-Data R - RADIUS OSTANCE County. Hlorl3a, lase the Eget 10.00 hat of Mm North 44.00 het or y I € I � P 3 IT - R[SDENCE 2`4--no a Ilne tO.OD Rat SNO - SET NAD a DISK Ue Nso2J STE - SURVEY TIC LINE Want of and Parallel To theEast IN, ofSaidLet 24.E SW - SGEWALK (TYR) - TYPCAL �, US -UTILITY BOX U.S. - UTILITY EASEMENT W/F - W000 FENCE .. ONESTORYCBS .' $' >A 3STORYCBS O E THE GRAPNCALLY DEPICTED BUILDING(S) SHOWN ON NIS MAP OF SURVEY IS MTHIN M • TELEPHONE RISER O - CABLE TV RISER RD 4 ata INS } 11 - WATER METER Z PORION OF COMMERCIAL O 0.4160 8 % 0.00 - EI.EVAnON (OO) - ORIGINAL LOT DISTANCE \ - 0 CENTRAL ANGLE OOR CONOITIDN) f�, Lore BLOGco n ��. III I c'1 y j - CURB INLET .:$ PORTIONOF JJ NIGHER FLOOR L -11-5L-11-5 !Clj2 C } -LIGHT POLE NIS low. NIS BOUNDARY LIMIT INDICATORS SET ARE STAMPED LB/ a02J. O = CATCM BASIN 6. THE BOUNDARY LIMITS ESTABLISHED ON THIS SURWY APE BASED ON THE LEGAL GEPROVIDED BY THE CLIENT OR ITS REPRESENTATW. OVERHANG EIS - n. BLOOCKrb a ADDITIONS OR DELETIONS TO THIS SURWY MAP AND/OR REPORT BY SOMEONE OTHER IMAM THE SIGNING PARTY(RES) 15 PROHIBITED WN0U7 WRITTEN CONSENT OF ®- SEWEfl MANHOLE THE SIGNING PARTY(IES). +e r 9. BEARINGS WHEN SHOWN ARE TO AN ASSUMED MERIOAN. THE CENTERLIKE OF NW 42ND STREET HAS BEEN ASSIGNED A BEARING OF N90tl0'OO-E. - CHAIN LINK FENCE - OVERHEAD UTILITY WIRE CERTIFIED TO: ® PERPETUAL LOVE 1126. LLC f� i� PAVERS TILES COVER SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY NAT THIS SURWY IS TRUE AND CORRECT DATE a HELD NORW: DATE Or TD THE BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY SURVEYED AND ORAVM UNDER MY DIRECTION AND D MEETS THE MINIMUM TECHNICAL STANDARDS SET FORK BY THE FLORIDA STATE BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5M-17 FLORIDA ADMINISNATW ,pB/. NM9J429 CODE PURSUANT TO SECTION 472.027 FLORIDA STATUE. ���...ppp Dk oRANN BY MCK NE 42ND CAO FILE: PERPENAC SURVEY SHALL BEAR THE H• ORIGINAL SIGNATURE AND aor SHEET I CY r RAISED SEAL OF THE RRM` 4'T@ NICOLAS DEL VENTO ATTESTING REGISTERED ys,X,G+` PROFESSIONAL SURVEYOR @ MAPPER SURVEYOR AND MAPPER STATE OF FLORIDA LIC. / 6945 STREET T -Cal. M to a--{ D5 ° - ✓ N A00'0(*E 100.00' '0 UI 0 REMAINDER OF REMAINDICR OF LOT23BLOCKS T24 BLOCK - FIP I/2' NO ID �UNLE55 OIHERNISE •' Ip, NOTED m ,' OR LINE TIL. —---J------�J • hN90.00'00'E 50.00' BLOCKS 2 3 LEGAL DESCRIPTION (20 NE 42 ST) )(PORTION OR: Lot 22 and the South 50 fat of Lots 23 and 24, rev the East 10 feet of the South 50 feet of said Lot 24, in Block 5, of AMENDED PLAT BUENA VISTA HEIGHTS ADDITION TO THE CITY OF MIAMI, FLORIDA, according fn the Plat thereof, as recorded in Plat Book 3, Pace 22, of the Public Records of Miaml-Dade County, Florida. LEGEND r a'a qP °J15 ABBREVIATIONS: Survoy Pr � '£ - ARC DSTANCE AC - AIR CONDITIONER PAD BBROWMD COUNTY RECORDS - BUILDING 8306 MILLS DRIVE SUITE 14 1{,y�w u •• N Tel: 305.767, -' ^�'•""'�r. BM -BENCHMARK BOB- a_ Or BEARINGS www -survey -p"::' CBS - CONCRETE BLOCK a STUCCD (C) - CALCULATED CRC - CURB A GUTTER 03125/19 CLF - CHAIN LINK FENCE COL • COLUMN W D.E.- DRAINAGE EASEMENT D.N.E, - DRAINAGE a MAINTENANCE EASEMENT D/Y, - DRI WAY EB - ELECTRIC BOX ENC - ENCROACHMENT EP - EDGE OF PAWM[No EW - EDGE OF WATER FOM - FOUND DRILL HOLE A- FINISHED FLOOR ELEVATION TIP- FOUND IRON PIPE (No 10) FIR • r'NO IRON Me (NO 10) IN •FOUND NAIL (NO ID) FPL - TLGR DA POWER A LIGHT TRANSFORMER PAD L.E.- LANDSCAPE EASEMENT LME - E MAINTENANCE EASEMENT (M) - MEASURED MDC! . MAM-DACE COUNTY RECORDS MHM N HOLE pi PLAMMENT sent AT PROPERTY ADDRESS: PB - PLAT BON PC -PONT Or CURVATURE PCP - PERMANENT CONTROL PONT 4136 N MIAMI AVENUE, MIAM, iL 3312) n0 NE 42ND STREET, MIAMI. FL. JJ12) PE - POOL EQUIPMENT PAD PC - PACE P - PONT OF INTERSECTION LEGA I. DFSCRIPTION (4136 N. SI IA SII AS I'.): PL - PLANTER POB - PONT OF BEGINNING Pagel hwo: The North M feet of Lob 23 sod 24, and the North 50.00 xPONT G' - COMMENCEMENT - MR OF REVERY CURVATURE RC E la fart of OSouth 10000 feet of Lab 23 and 24. Block 5. BUENA PRM - PERMANENT REFERENCE 1 PI_POT NT Q TANGENCY VISTA HEIGHTS ADDITION, according to ttw plat thereof as recorded In u O In Plat Book 3, at f the Public Records of Warrg-Data R - RADIUS OSTANCE County. Hlorl3a, lase the Eget 10.00 hat of Mm North 44.00 het or (R) RECORD se1d Lot 24, and less that part of Lot 24 "Ich Ila within the aabrnal R/W - RIGHT -O' -WAY aM formed by • 16.00 ROIYe R, COrlCave to, the SOudWWit, IT - R[SDENCE 2`4--no a Ilne tO.OD Rat SNO - SET NAD a DISK Ue Nso2J STE - SURVEY TIC LINE Want of and Parallel To theEast IN, ofSaidLet 24.E SW - SGEWALK (TYR) - TYPCAL US -UTILITY BOX U.S. - UTILITY EASEMENT W/F - W000 FENCE H FLOOD /O\N I\ORMATIO1N: BASED ON THE ': INSURANCE RALE MAP OF THE FEDERAL EMERGENCY MANAGEMENT ACE C VISED ON OB/tH/O9 AND INDEX MM RINSED ON ./IT/. SYMBOLS: THE GRAPNCALLY DEPICTED BUILDING(S) SHOWN ON NIS MAP OF SURVEY IS MTHIN M • TELEPHONE RISER O - CABLE TV RISER ZONE 3 BASE FLOOD ELEVATION WA COMMUNITY NAME a NUMBER WAM1 LEQW MAP Is PANEL NUM— 120AMXK SUFFIX L 11 - WATER METER % 0.00 - EI.EVAnON (OO) - ORIGINAL LOT DISTANCE SURVEYOR'S NOTES: - 0 CENTRAL ANGLE EtEVAS N5'IOEFER TO 1929 NATIONAL GEODETIC (RACAL DATUM (NCM 1928). Q • CENTER LINE 2. NO AREMPT WAS MADE TO LOCATE FOOTNCS/FOUNDATIONS, OR UNDERGROUND • NATER VALVE UTILITIESUNLESS OTHER SE NOTED. 1 THE LAND5 SHOWN HEREON HAW NOT BEEN ABSTRACTED N REGARDS TO j - CURB INLET MATTERS OF INTEREST BY OTHER PARTES, SUCH AS EASEMENTS, RIGHTS OF WAYS, RESERVATIONS, ETC ONLY PLATTED EASEMENTS ME SHOWN. • FIRE HYDRANT 4. THIS SURVEY WAS PREPARED FOR AND CERTIFIED TO ME PARTY(EES) Y(IES) INDICATED HEREON ANO IS NOT TRANSFERABLE OR ASSIGNABLE YKNOUI PA1 TEN CONSENT OF } -LIGHT POLE NIS low. NIS BOUNDARY LIMIT INDICATORS SET ARE STAMPED LB/ a02J. O = CATCM BASIN 6. THE BOUNDARY LIMITS ESTABLISHED ON THIS SURWY APE BASED ON THE LEGAL GEPROVIDED BY THE CLIENT OR ITS REPRESENTATW. UTILITY POLE 7. FENCE OWNERSHIP 1S NOT DETERMINED. - DRAINAGE MANHOLE ® a ADDITIONS OR DELETIONS TO THIS SURWY MAP AND/OR REPORT BY SOMEONE OTHER IMAM THE SIGNING PARTY(RES) 15 PROHIBITED WN0U7 WRITTEN CONSENT OF ®- SEWEfl MANHOLE THE SIGNING PARTY(IES). --- - IRON FENCE • WOOD FENCE 9. BEARINGS WHEN SHOWN ARE TO AN ASSUMED MERIOAN. THE CENTERLIKE OF NW 42ND STREET HAS BEEN ASSIGNED A BEARING OF N90tl0'OO-E. - CHAIN LINK FENCE - OVERHEAD UTILITY WIRE CERTIFIED TO: ® PERPETUAL LOVE 1126. LLC ASPHALT CONCRETE PAVERS TILES COVER SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY NAT THIS SURWY IS TRUE AND CORRECT DATE a HELD NORW: DATE Or TD THE BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY SURVEYED AND ORAVM UNDER MY DIRECTION AND D MEETS THE MINIMUM TECHNICAL STANDARDS SET FORK BY THE FLORIDA STATE BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5M-17 FLORIDA ADMINISNATW ,pB/. NM9J429 CODE PURSUANT TO SECTION 472.027 FLORIDA STATUE. ���...ppp Dk oRANN BY MCK AUTHENTIC COPIES OF THIS a'AW\ CAO FILE: PERPENAC SURVEY SHALL BEAR THE H• ORIGINAL SIGNATURE AND aor SHEET I CY r RAISED SEAL OF THE RRM` 4'T@ NICOLAS DEL VENTO ATTESTING REGISTERED ys,X,G+` PROFESSIONAL SURVEYOR @ MAPPER SURVEYOR AND MAPPER STATE OF FLORIDA LIC. / 6945