2011-0721 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting July 21, 2011 City of Sunny Isles Beach, Florida Public Speakers: Wendy Rivas, Vice President; Juan S. Calderon, Project Manager; Elena Dannikova, President; Raphael Cruz; Chaim Gidali; Natasha Reinhard; Silvia Penvela; Marht Freedland; Tony LoCastro; Andrei Nedzvetsky; Igor Resmirutser; Bob Welsh; Olga Shimansky; Melissa Mackin-Bolies; Corbin Bolies; Gueria Parrik; Arie Steiger; Gerry Goodman; Svetlana Bazil; Anastasiya Boikova; Wendy Rivas, Vice President of Sunny Isles Daycare Corp, reported and presented renderings of the project. She said that they are allowed 59 children but are only asking for 40 children, and noted that food would be catered to the Center. Juan S. Calderon, P.E., Project Manager, distributed a Traffic Analysis and reported there would be no traffic impact to the area. Elena Dannikova, President, said the Daycare Center would be for Sunny Isles Beach residents only. Mayor Edelcup asked staff for clarification particularly Section IV, as it relates to Section 265-44, and also the general standards for which a variance can be granted, and the staffs conclusions as to how they handle each ofthose standards. Assistant City Manager Vera said they looked at the use and then at the variance that they were requesting. We went into the General Standards for variances, and went down the line of seven (7) Standards, the Special Conditions that exist on the property, circumstances that are not the fault of the petitioner. Mayor Edelcup asked how many children are allowed as we are hearing conflicting amounts. Assistant City Manager Vera said six (6) children are permitted under the RMF-2 Zoning District (Residential Multi-Family), they are requesting 40 children, and 59 children are permitted under the City Code as per our Check List of the number of children that are permitted in Day Care. The Petitioner is trying to prove the needs for the City are more important then on the economic issue on the variance here. We looked at it from a Zoning standpoint and felt that the hardship is an economic hardship because if they don't put the 40 children on board, there is no money to be made. Their argument is the opposite, they need to have the 40 children to make some money, that is the economic hardship. Mayor Ede1cup said that the economic hardship is not there for the landlord because he can rent it to somebody else, it is basically an economic hardship on the individual who is applying for this. If you look through the different standards they all state the economic hardship is if it is granted to somebody else within that same zoning district. If it is granted here then somebody else within that same zoning district, has that same use. Granted that they do have this special circumstance that they are in a residential zone, with a business running within there. Mayor Edelcup opened the hearing for public input. After discussion, and in response to resident's concerns on traffic, Mr. Calderon said the children will not all arrive at the same time; regarding speeders, traffic calming devices could be considered. He noted on page 5 of the Traffic Analysis Report a picture of the parking lot showing 17 parking spaces empty. He said they had a concern at the beginning regarding parking, one way in and out, if that is something that needs to be addressed there is stacking per Miami-Dade County Section 33, stacking regulations for a daycare center with 2 to 40 children will need a two-vehicle stacking area, and the Applicant is requesting six (6) parking spaces, four (4) assigned parking spaces plus two (2) parking spaces for a stacking area. Commissioner Gatto asked what the hours of operation are, and the Applicant said they are planning to be open five (5) days a week from 7:30 a.m. to 6:30 p.m. with no set hours for drop-off or pickup. Commissioner Scholl noted there was no recommendation from staff, and Assistant City Manager Vera said under that Section of the Code, the Standards, staff could not support those Standards. Commissioner Scholl said the zoning ofthat center is a technical 3