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Res No 117-16-14672RESOLUTION NO.117-16-14672 A Resolution amending Resolution 084-16-14639 and urging the Miami-Dade County Board of County Commissions to reject the request to change existing zoning of the University Baptist Church property folio 30-4035-052-0010 WHEREAS,on September 9,2015 Somerset Academy ("Somerset")filedavariancetoa 1997 Miami-Dade County Resolution No.Z-18-97 to build a charter school with 2500 students on Sunset and 73rd Court;and WHEREAS,under the1997 Resolution aschoolis prohibited inthisareawiththe exception of aday nursery limited to96 children;and WHEREAS,under the 1997 Resolution a school can only be operated from 9:00a.m.to 1:00 p.m.but the Somerset proposal would callfor school be opened from 7:00a.m.to 4:00 p.m.; and WHEREAS,the traffic study provided totheCity of South Miami Commission isover two-years old;and WHEREAS,onP21 of the traffic study under the heading "School Operations"it states "the School willbe using vehicular stacking areasforthefew parents that will use their private passenger vehicles asa means (of)transportation";and WHEREAS,onP21 of the traffic study it states,"The School will have a large percentage of the student body transported onlarge yellow busses;and WHEREAS,Table 5.4 A-2 states that 375 of the 2,500 students will arrive and depart on school busses;and WHEREAS,on P53 of the traffic study it states "The School is committed to having 15%of the student population using busses;and WHEREAS,on P24 it states,"The School SHALL not allow for students to walk to or from this site alone;and WHEREAS,the traffic report listsonly24asthe number of bicycle parking spaces fora school with 2,500;and WHEREAS,the traffic report listsZERO(0)asthe number of school crossing guards provided by the school;and WHEREAS,on P54 it states "the intersection of Sunset and SW 74rd Court will require tobe controlled bya police officer during the arrival of students";and WHEREAS,Table 9-0.2 Traffic Control Resource Officer Commitment requires the Schooltohavean officer atthe intersection of SunsetandSW 73rd Court for ONLY thefirsttwo weeks of every semester;and Res.No.117-16-14672 WHEREAS,the City Manager of South Miami has made repeated attempts to contact JulioRobaina,the representative of SomersetandpriorMayor of Hialeah,todeterminethe number of children receiving reduced rate/freeschoollunches.WhileMr.Robaina finally responded,onoraboutJune7,2016,itwasnotresponsivetotherequestandthereforethe Commission canonly presume thattheschooldoesnot provide anyreducedrate/freelunches; and WHEREAS,theTrafficReportdonetwoyearsagodidnot measure any volumes of traffic WEST of the Palmetto Expressway;and WHEREAS,according to Mayor Stoddard,the traffic study estimated that 25%of the students will arrive from thenorth,but thetraffic study DID NOT count the volume of southbound Palmetto traffic existing eastonto Sunset northe frequency to which this traffic presently "blocks the box"of the intersection preventing westbound traffic from entering theon- ramp to the southbound Palmetto;and WHEREAS,emergency vehicles routinely transport patients along Sunset toSouth Miami Hospital,and should the addition of vehicles transporting 2,500 children tothe proposed charter school happen and negatively impact Sunset traffic,a patient's chances of dying inthe ambulance onthe way to South Miami Hospital increase;and WHEREAS,the proposed school willbe built onthe south side of Sunset Drive directly adjacenttoone of thelast protected rock pinelands in Miami-Dade County -Trinty Pineland County Park;and WHEREAS,the South Miami City Commission has been a strong proponent of protecting threatened rock pinelands andweare concerned thatthis proposed school may harm the Trinity Pinelands;and WHEREAS,in2014,aftera number of complaints bylocal residents,South Miami's City Commission instructed city government officials to investigating why just 1%of Somerset Academy South Miami Charter School's students are African-American when 17%of South Miami residents are African-American;and WHEREAS,2%of SOMI Somerset's students receive special education and District 6 of Miami-Dade Public Schools has16%of its students receiving special education;and WHEREAS,the South Miami City Commission is concerned that this new charter school on Sunset willnot provide equal opportunity access toall families and students inthe community. Itisourhopethatthe admissions processwouldbeopenand if thisschoolisapproveditwould become a community asset;and WHEREAS,dueto proposed drastic zoning changes,concernsregardingincreased traffic, environmental concerns,andconcernsregardingwhetherthisschoolwillhaveanopenaccess admission policy.WehopetheCounty Commission willgivethis proposal morescrutinyand reject the request for rezoning of the property inquestion. Page 2 of 3 Res.No.117-16-14672 NOW,THEREFORE,BE RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1.TheCity of SouthMiamiherebyrequeststhattheMiami-DadeCountyBoardof CountyCommissionsrejectany of thezoningchangesbeingrequestedfortheUniversityBaptist Church property folio 30-4035-052-0010. Section 2.TheCity Clerk isherebydirectedto transmit this resolution toall members of Miami-Dade County Board of County Commission andall members of the Miami-Dade School Board. Section 3.Severability.Ifanysectionclause,sentence,orphrase of this resolution isfor anyreasonheldinvalidor unconstitutional byacourt of competent jurisdiction,theholdingshall not affect the validity of the remaining portions of this resolution. Section 4.Effective Date.This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this21st day of June ,2016. Page3 of 3 APPROVED: lAYORmayo: commission vote:4-0 Mayor Stoddard:Yea Vice Mayor Welsh:Yea Commissioner Harris:Yea Commissioner Edmond:Yea Commissioner Liebman:absent