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2011-076-1469-Z-106 - Application of Accelerated Learning Solutions Inc City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: May 4, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X N/A Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: RESOLUTION NO. 2011-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY ACCELERATED LEARNING SOLUTIONS, INC., FOR A MODIFICATION TO THE SECOND CONDITION IN THE DECLARATION OF RESTRICTIVE COVENANT AS PROFFERED BY RESOLUTION NO. 2010-105-128-7-Z-95, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The applicant, Martin Fugardi of Accelerated Learning Solutions, Inc. was granted a waiver of the recreational open space requirements for a proposed charter school at 4692 N.W. 183 Street at the June 10, 2010 City Council Zoning meeting by Resolution No. 2010-105-128-7-Z-95. As a condition of the granting the waiver the applicant proffered a Declaration of Restrictive Covenants to the City, which among other things, restricted the number of students and the hours of operation. ITEM 10-C) RESOLUTION PUBLIC HEARING Application submitted by Accelerated Learning Solutions, Inc Current Situation The applicant has received approval from the Miami-Dade County School Board to operate the proposed charter school, however the approval requires a modification to condition No. 2 to the original Declaration of Restrictive Covenants proffered at the June 10, 2010 zoning meeting. The modifications must first be accepted by the City Council before the applicant can proffer the executed Declaration of Restrictive Covenants and validate the Miami-Dade County School Board approval of the charter school. The requested modifications to condition No. 2 are outlined below (additions are indicated with underlines, deletions are indicated with strikeouts): 2. Student Size and Hours of Operation. That the operation of the charter school be limited to a maximum of 150 175 students at any one time, with class time for a one group of students not to exceed 4.0 5.0 hours, of which the operating hours of the school shall coincide with the operating hours of the shopping center. Analysis The proposed amendments to condition No. 2 of the Declaration of Restrictive Covenant do not significantly change the purpose of and intent of the charter school of which the waiver of recreational open space was granted at the original public hearing on June 10, 2010. The modification increases the total number of students during any one shift by 25 students, and increases the maximum class time by 1.0 hour. The hours of operation of the school to coincide with the shopping center was the original intent of the applicant and has being added to the condition. Proposed Action: Staff recommends the adoption of the Resolution. Attachment: • Letter of Intent • Original Declaration of Restrictive Covenants • Location map