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HomeMy WebLinkAboutZoning Resolution 26-Z-227RESOLUTION NO. �k- Z,,, 9;L7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION FOR CONDITIONAL USE APPROVAL (PZ2026-07), SUBMITTED BY SUNNY SMART CORP, TO ALLOW A CHILD DAYCARE FACILITY AT THE PROPERTY LOCATED AT 17395 NORTH BAY ROAD, SUITE 103; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sunny Smart Corp ("Applicant") submitted a zoning application (PZ2026-07) ("Application"), to the City of Sunny Isles Beach, Florida ("City") for a child daycare facility to be located at the following property: LEGAL: A PORTION OF LOT 3, TATUMS SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 64 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 AND THE WEST RIGHT OF WAY LINE OF STATE ROAD A1A; THENCE SOUTH 87°17'35" WEST, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 1547.07 FEET; THENCE NORTH 02°42'25" WEST, A DISTANCE OF 106.00 FEET OF THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING FURTHER DESCRIBED AS BEING ON THE EAST LINE OF THAT PARCEL OF LAND KNOWN AS NORTH BAY ROAD AND DESCRIBED IN THE CLERK'S FILE NO. 7011-112692, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE ALONG THE LAST DESCRIBED COURSE ALONG SAID EAST LINE OF SAID NORTH BAY ROAD, A DISTANCE OF 229.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURE TO THE RIGHT; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25 FEET, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 87°17'35" EAST, ALONG THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND KNOWN AS WINSTON BOULEVARD AND DESCRIBED IN CLERK'S FILE NO. 70R-112693, A DISTANCE OF 190.20 FEET; THENCE SOUTH 02°42'35" EAST, A DISTANCE OF 254.00 FEET; THENCE SOUTH 87°17'35" EST, ALONG A LINE PARALLEL TO AND 106.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID TATUMS SUBDIVISION, A DISTANCE OF 215.20 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE AND BEING IN MIAMI-DADE COUNTY, FLORIDA. 39 ADDRESS: 17395 North Bay Road, Suite 103 FOLIO: 31-2211-004-0222 WHEREAS, the Applicant's conditional use application requests approval of a child day care facility, pursuant to Sections 265-13 and 265-34 of the City of Sunny Isles Beach Land Development Regulations; and WHEREAS, a public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the information contained in the City's Planning & Zoning Department Staff Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on August 20, 2026, the City Commission conducted a public hearing on the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Planning & Zoning Department and finds that the Application meets the criteria for conditional use under the Land Development Regulations and the Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Findings and Conclusions. Based upon an analysis of the application and the standards for approval for a conditional use approval under the Land Development Regulations and the Comprehensive Plan of the City, the City Commission makes the following findings and conclusions: The Application for conditional use approval for a child day care facility to be located on a RMF-2 zoned property located at 17395 North Bay Road, Suite 103, is consistent with the Land Development Regulations and the Comprehensive Plan of the City of Sunny Isles Beach. Section 3. Approval. The Applicant's request for approval of a conditional use for a child day care facility to be located on a RMF-2 zoned property located at 17395 North Bay Road, Suite 103, is hereby APPROVED, subject to the following conditions: 2 40 1. Upon the submittal of an application for a building permit or certificate of use, the materials submitted shall be approved by the Planning and Zoning Department and be consistent with the specific plan presented to the City Commission. That the submittals in the approval be substantially in accordance with that submitted for public hearing, the plans are entitled "Sunny Smart Fence Plans", "Sunny Smart Floor Plan", "Sunny Smart Parking Plan", and "Sunny Smart Site Plan (Plaza)", prepared by Luis Uriarte, stamped received July 16, 2026, and July 22, 2026, consisting of four sheets. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. 2. That the Applicant shall obtain all necessary permits and licenses from all external agencies, including, but not limited to Department of Business and Professional Regulations (DBPR), Department of Environmental Protection (DERM), Florida Department of Health (DOH), Florida Department of Children and Families (DCF) standards, etc. for a child day care facility. 3. That the proposed child day care facility, stipulated in the application, shall comply with Specific Use Regulations of City Code Section 265-44.D for child day care facilities. No more than fifteen (15) day nursery/kindergarten and preschool children or one (1) elementary school child shall be permitted in the outdoor play area at one time. No more than sixty (60) children shall be enrolled at any one time. The five (5) dedicated parking spaces shall be maintained for the duration of the child day care facility use. 4. The Amended Declaration of Restrictions shall be recorded with the Miami -Dade Clerk of Court prior to the issuance of a certificate of use. 5. That the approved conditional use shall remain valid for a period of 24-months from the date of the conditional use approval. If no building permit or certificate of use is issued within the 24-month time period, the conditional use shall be considered null and void and of no force and effect. 6. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provisions and such holding shall not affect the validity of the remaining potions of this Resolution. Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Ica 41 Section 7. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 2day of August 2026. CITY OF SUNNY ISLES BEACH, FLORIDA By its Cityj(r mission CA r y t � Y wh" Larisa vechin, Mayor AiTFES :F APPROVED AS TO FORM AND LEGAL SUFFICIENCY: t Mauric o Betancu , CIVIC, City Clerk A ain E. BALA, City Attorney Nabors, Giblin & Nickerson, P.A. Moved bye kl Zg1-43.4k Seconded by) fj','��_ j!jjj!,j,4jE_ Vote: Mayor Svechin (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph Yes) (No) Commissioner Lama x(Yes) (No) Commissioner Stuyvesant (Yes) (No) 4 42 yF 9 y��Q SAP FLD C,Ty OF SUN PLO CITY OF SUNNY ISLES BEACH STAFF REPORT CONDITIONAL USE APPLICATION CHILD DAYCARE FACILITY I. APPLICATION SUMMARY Application Number: PZ2026-07 Application Summary: The Applicant, lessee of the property, is seeking approval of a conditional use to allow a child daycare facility. The Applicant has renovated the interior of the existing 4,167 sq. ft. suite and does not propose any building additions or exterior improvements. Applicant: Sunny Smart Corp. C/O Wendy Gell 17395 North Bay Road, Suite 103 Sunny Isles Beach, FL 33160 Page 1 of 12 8 August 20, 2026 PZ2026-07 Owner: Kerem Sunny Isles, LLC. 350 NE 75th Street, Unit 105 Miami, FL 33138 SITE INFORMATION Location: 17395 North Bay Road, Suite 103 Property Size: 54,623 sq. ft. (1.25 acres) Building Size: 28,855 sq. ft. Unit Size: 4,167 sq. ft. Folio: 31-2211-004-0222 Legal Description: A PORTION OF LOT 3, TATUMS SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 64 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DSCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 AND THE WEST RIGHT OF WAY LINE OF STATE ROAD A1A; THENCE SOUTH 87°17'35" WEST, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 1547.07 FEET; THENCE NORTH 02°42'25" WEST, A DISTANCE OF 106.00 FEET OF THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING FURTHER DESCRIBED AS BEING ON THE EAST LINE OF THAT PARCELOF LAND KNOWN AS NORTH BAY ROAD AND DESCRIBED IN THE CLERK'S FILE NO. 70R-112692, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE ALONG THE LAST DESCRIBED COURSE ALONG SAID EAST LINE OF SAID NORTH BAY ROAD, A DISTANCE OF 229.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURE TO THE RIGHT; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLYALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25 FEET, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 87°17'35" EAST, ALONG THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND KNOWN AS WINSTON BOULEVARD AND DESCRIBED IN CLERK'S FILE NO. 70R-112693, A DISTANCE OF 190.20 FEET; THENCE SOUTH 02042'35" EAST, A DISTANCE OF 254.00 FEET; THENCE SOUTH 87017'35" EST, ALONG A LINE PARALLEL TO AND 106.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID TATUMS SUBDIVISION, A DISTANCE OF 215.20 FEET TO THE POINT OF BEGINNING, Page 2 of 12 9 August 20, 2026 PZ2026-07 SAID LANDS SITUATE AND BEING IN MIAMI-DADE COUNTY, FLORIDA. Site Description: The Winston Towers Shopping Plaza is a rectangular, corner lot adjacent to the Winston Towers condominiums with frontage on the North Bay Road right of way and 174th Street. The property was improved with a 28,855 square foot community service building and surface parking lot in 1975 as part of the Winston Towers Master Plan. On December 18, 1979, a declaration of Covenant was recorded, restricting the center's tenants only to those which service the needs of the residents and guests of the Winston Towers Complex. On November 20, 1996, the Metropolitan Dade County Zoning Appeals Board approved Resolution No. 5-ZAB-342-96 allowing the modification of a previously approved floor plan, relocation of an extant religious institution, and a non-use variance from parking requirements. On March 15, 2012, the City of Sunny Isles Beach City Commission approved Resolution No. 12-Z-128 allowing a conditional use for a child daycare facility to operate in Unit #102. The approval also permitted a variance in the maximum number of children, from six to twenty five. On June 21, 2018, the City of Sunny Isles Beach City Commission approved Resolution 2018-2833, which increased the maximum number of children for the daycare operating in unit #102 from 25 to 50. Future Land Use: Medium to High Density Residential This category is generally characterized by mid to high-rise multifamily developments, and may include the following non- residential uses: ancillary convenience retail services serving the principal residential use, publicly owned recreation buildings and facilities, playgrounds, playfields, and parks scaled to the needs of the surrounding neighborhood, and schools serving the surrounding residential area. Zoning District: RMF-2 (Medium High Density Multifamily Residential) The Medium High Density Multifamily Residential District (RMF-2) provides for single-family, duplex, townhouse, medium -density and high -density residential development of multifamily dwellings at a maximum density of 60 dwelling units per net acre consistent with the City's Comprehensive Plan Land Use Element and the corresponding Medium - High Density Residential land use category. Typical uses to be found in the Medium High Density Multifamily Residential District include residential uses, accessory uses associated with residential uses, wet dockage or moorage of private, Page 3 of 12 10 August 20, 2026 PZ2026-07 noncommercial pleasure craft, and convenience retail and office uses in condominium commercial units. Adjacent Properties: Existing Use Zoning District Future Land Use North High-rise residential towers RMF-2 Medium to High Density Residential East High-rise residential towers RMF-2 Medium to High Density Residential South Water way Right of way Right of way West High-rise residential towers RMF-2 Medium to High Density Residential III. REQUEST Pursuant to Sections 265-13 and 265-34 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of a conditional use to allow a child day care facility on a RMF-2 zoned property. IV. CONDITIONAL USE REVIEW The following are the standards of review for conditional use applications from City Code Sec. 265-13.C. and the respective staff findings: In addition to the standards set forth in these LDRs for the particular use, all proposed conditional uses should meet each of the following standards: (1) The proposed use shall be consistent with the Comprehensive Plan; The proposed child day care facility use is consistent with Comprehensive Plan Policy 14B, which states the Medium to High Density Residential land use category may include, "schools serving the surrounding residential area". In the Letter of Intent (LOI), received on August 11, 2026, the Applicant writes that the purpose of the daycare is to expand the educational and childcare services to meet the needs of local residents. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare, The proposed child day care use must comply with all local and state regulations to obtain the requisite licensure. The licensing and permitting processes are designed to ensure that businesses operating within the city shall not be detrimental to or endanger the public health, safety, and general welfare. The conditional use application addresses both facility safety and traffic induction and mitigation requirements. Child day care facilities are required to meet Page 4 of 12 11 August 20, 2026 PZ2026-07 physical standards for child safety gates and barriers in outdoor play areas. Restrictions are also placed on the number of children permitted outside at one time, to mitigate both safety and noise concerns. Parking and stacking requirements must also be met to further mitigate the impacts of pick-up and drop-off activities on the surrounding neighborhood. Beyond the requirements of the City's Land Development Regulations, the Applicant must meet the health and safety requirements of the Florida Building Code, the Florida Fire Prevention Code, the Florida Department of Children and Families (DCF) standards, and the Department of Health (DOH). (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; The community character of the immediate neighborhood is defined by high-rise residential developments. The high -density development has units that range in size, up to three bedrooms, designed for families with multiple children. The "Service Center" located at 17395 North Bay Road is contemporary to the Winston Towers development and was a part of the original 1968 master plan. In 1979, a Declaration of Covenant was recorded, restricting the center's tenants only to those which serve the needs of the residents and guests of the Winston Towers Complex. The Declaration was borne of concerns regarding parking availability, and the restriction mitigates traffic and parking concerns by increasing the likelihood of pedestrian access. In 2012, a Declaration of Restrictions was recorded after approval by City Commission to allow a child daycare facility to operate in Unit #102, which restricted the property to have one (1) day care business and required four (4) dedicated parking spaces for the exclusive use of the day care facility. The proposed second amendment (not yet recorded) to the Declaration of Restrictions provided by the Applicant states, "No more than two (2) facilities used for daycare purposes may operate on the Property, and no such facility may comprise more than 5,471 square feet of useable interior space. Further, any daycare facility must give priority in enrollment to Winston Towers residents. The Owner shall provide five (5) parking spaces for exclusive use of the daycare facilities." The Declarations running with the land provide additional protection to the character of the immediate neighborhood. The day care facilities are required to give priority to Winston Towers residents, providing for their childcare needs, and requires dedicated parking for drop-off and pick-up activities, thereby addressing the historic parking and traffic concerns. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs, Page 5 of 12 12 August 20, 2026 PZ2026-07 The proposed use will not create additional demand on utilities, roadway capacity, drainage or other necessary public facilities, as the business will be located within an existing building and is not proposing additional floor area. (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, The immediately adjacent right of ways (174th Street and North Bay Road) have sidewalks, crosswalks, and pedestrian amenities that lend to the walkable character of the neighborhood and encourage non -vehicular access to the center. In the LOI received on August 11, 2026, the Applicant states that all six full-time staff members live in Winston Towers. Additionally, the Amended Declaration of Restrictions provided by the Applicant states that five parking spaces shall be reserved for the day care facility. These spaces satisfy the stacking requirements of the applicable Miami -Dade County Zoning Code, Sec. 33-151.18.(c). A reduction in the required number of parking spaces approved by a non-use variance in 1996 is still in effect. Resolution No. 5-ZAB-342-96 provides that the center is required to maintain a minimum of 48 parking spaces. Currently, 51 spaces are provided, thus satisfying the minimum parking requirement. The Applicant has provided adequate measures to reduce the amount of vehicular traffic to and from the site and provide for stacking within the site to minimize -traffic congestion in public streets. (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and The proposed use does not impede the development of surrounding properties for uses permitted in the RMF-2 zoning district. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The existing building frontage is oriented to the interior of the parcel, facing away from the right of way. No additional signage is proposed, nor are any exterior renovations. The outdoor play areas are screened from the North Bay Road pedestrian right of way by landscaping. Additionally, the North Bay Road pedestrian area is set at a higher elevation from which the outdoor play area is not easily seen. V. SPECIFIC USE REGULATIONS REVIEW The specific use regulations in the City's Code (Sec. 265-44.D) state child day care facilities, "must meet the physical standard requirements of the Miami -Dade County Page 6 of 12 13 August 20, 2026 PZ2026-07 Chapter 33, Article XA." The following are the physical standard requirements per the County's Code as they apply to City applications: (a) Outdoor areas. Outdoor recreation/play areas shall be in accordance with the following minimum standards, calculated in terms of the proposed maximum number of children for attendance at the school at any one (1) time unless otherwise indicated. Minimum Standards for Outdoor Recreation Playground/Play Areas School categories Re uired area Day nursery/kindergarten and 45 square feet per child calculated in terms preschool and after -school care of half of the proposed maximum number of children for attendance at the school at one 1 time Elementary school (grades 1-6) 500 square feet per student for the first 30 students, thereafter, 300 square feet per student Junior and senior high school 800 square feet per student for the first 30 (grades 7-12) students, 300 square feet per student for the next 300 students, thereafter, 150 square feet per student Where there are category combinations, each classification shall be calculated individually. The LOI received on July 16, 2026, provides that the facility will enroll a maximum of 63 children (page 3); thirteen children up to two -years old, twenty- five children between three- and five -years old, and twenty-five children between six- and nine -years old. On the floor plan provided by the Applicant on July 16, 2026, the occupancy table provides that there will be 50 children total. Since the two submittals by the Applicant provide conflicting information, the greater and more detailed breakdown will be reviewed as follows: Required Amount of Outdoor Playground/ Play Areas by Aqe Group School categories Required area Provided Day nursery/kindergarten 855 square feet 712 square feet and preschool and after - school care Elementary school (grades 12,500 square feet 712 square feet 1-6 The application does not meet the minimum requirements for outdoor play area. However, the Applicant is able to meet the minimum outdoor play area requirement by staggering the number of children outside at one time. The following is the maximum number of children that are permitted in the outdoor playground at any one time. Page 7 of 12 14 August 20, 2026 PZ2026-07 Maximum Number of Children Allowed in 712 SF of Playground by Age Group School categories Required area Maximum Number of Children at One Time Day nursery/kindergarten 45 square feet per child 15 children and preschool and after- calculated in terms -of half of school care the proposed maximum number of children for attendance at the school at one 1 time Elementary school 500 square feet per student 1 child (grades 1-6) for the first 30 students, thereafter, 300 square feet per student (c) Auto stacking. Stacking space, defined as that space in which pickup and delivery of children can take place, shall be provided for a minimum of two (2) automobiles for schools with twenty (20) to forty (40) children; schools with forty (40) to sixty (60) [children] shall provide four (4) spaces, thereafter there shall be provided a space sufficient to stack five (5) automobiles. The parking plan provided by the Applicant provides five (5) dedicated spaces to meet the stacking requirement for pickup and delivery of children for both the proposed conditional use and previously approved conditional use from 2012. (e) Classroom size. All spaces shall be calculated on the effective net area usable for instruction or general care of the group to be housed. This space shall not include kitchen areas, bathrooms, hallways, teachers' conference rooms, storage areas, or any other interior space that is not used for instruction, play or other similar activities. The minimum classroom space shall be determined by multiplying the maximum proposed number of pupils for attendance at any one (1) time by the minimum square footages, (1) through (4) below. Where a private educational facility is nongraded, calculations shall be based on the age level that corresponds to the grade level in the public school system. Where a school includes more than one (1) of the following categories, each category shall be individually computed: The Floor Plan provided by the Applicant on July 16, 2026, proposes 2,900 square feet of classroom, dance, ballet, gym, and yoga space. However, once all hallways, storage, and non -instructional use areas are subtracted from the area calculation, there is 2,007 square feet of "effective net area useable for instruction or general care of the group to be housed." Maximum Number of Children Allowed in 2,007 SF of Space by Age Group Page 8 of 12 15 August 20, 2026 PZ2026-07 School categories Required area Maximum Number of Children at One Time (1) Day nursery and 38 children proposed kindergarten, 35 square feet per pupil Minimum 1,330 SF preschool and required afterschool care (2) Elementary (grades 30 square feet per pupil 25 children proposed 1-6) Minimum 750 SF required (3) Junior high and senior 25 square feet per pupil Per the Applicant's LOI, high (grades 7-12) no children in this age group are proposed to attend. (4) Baby-sitting service 22 square feet of room area Per the Applicant's LOI, per child no baby-sitting service is proposed. To provide for the attendance of thirty-eight children between the ages of two - and five -years old and twenty-five children between the ages of six- and nine - years old, as provided in the LOI, a total area of 2,080 square feet is required. The space provided can accommodate a maximum of 60 children. The conditional use application does not meet the classroom size minimum area requirement for the enrollment numbers proposed by the Applicant. (i) Child care facilities as described in Section 33-151. 11 (a), (b) and (0, shall be prohibited from operating on property abutting or containing a water body such as a pond, lake, canal, irrigation well, river, bay, or the ocean unless a safety barrier is provided which totally encloses or affords complete separation from such water hazards. Swimming pools and permanent wading pools in excess of eighteen (18) inches in depth shall be totally enclosed and separated from the balance of the property so as to prevent unrestricted admittance. All such barriers shall be a minimum of forty-eight (48) inches in height and shall comply with the following standards: The Fence Plans provided by the Applicant on July 22, 2026, propose a minimum fence height of four feet, meeting the minimum height requirement. (1) Gates shall be of the spring back type so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safe lock and shall be locked when the area is without adult supervision. A spring back mechanism and lock are installed on the gate and in working condition, meeting the minimum closure requirements. Page 9 of 12 16 August 20, 2026 PZ2026-07 VI. FINAL ANALYSIS Based on the above review, the application is consistent with the City's Comprehensive Plan and the conditional use standards of City Code Section 265-13.C. for a child day care facility in the RMF-2 zoning district. The application is consistent with many, but not all of, the specific use standards for child day care facilities of City Code Section 265-44.D. and Miami -Dade County Code Chapter 33, Article XA. Specifically, the minimum classroom size and outdoor playground area requirements. Therefore, the conditions of approval outlined in Section VII limit the maximum number of children to 60 and establishes a maximum number of children that may use the outdoor play area at one time. Staff has compiled the relevant facts of the requested conditional use and recommends the application be presented to the City Commission for consideration. Approval of the application is contingent upon satisfaction of the conditions listed below. VII. CONDITIONS Contingent upon approval of the conditional use application by City Commission, the following conditions are recommended to ensure continued compatibility with the City's Land Development Regulations and characteristics of the surrounding neighborhood: Upon the submittal of an application for a building permit or certificate of use, the materials submitted shall be approved by the Planning and Zoning Department and be consistent with the specific plan presented to the City Commission. That the submittals in the approval be substantially in accordance with that submitted for public hearing, the plans are entitled "Sunny Smart Fence Plans", "Sunny Smart Floor Plan", "Sunny Smart Parking Plan", and "Sunny Smart Site Plan (Plaza)", prepared by Luis Uriarte, stamped received July 16, 2026, and July 22, 2026, consisting of four sheets. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. 2. That the Applicant shall obtain all necessary permits and licenses from all external agencies, including, but not limited to Department of Business and Professional Regulations (DBPR), Department of Environmental Protection (DERM), Florida Department of Health (DOH), Florida Department of Children and Families (DCF) standards, etc. for a child day care facility. 3. That the proposed child day care facility, stipulated in the application, shall comply with Specific Use Regulations of City Code Section 265-44.D for child day care facilities. No more than fifteen (15) day nursery/kindergarten and preschool children or one (1) elementary school child shall be permitted in the outdoor play area at one time. No more than sixty (60) children shall be enrolled at any one time. The five (5) dedicated parking spaces shall be maintained for the duration of the child day care facility use. 4. The Amended Declaration of Restrictions shall be recorded with the Miami -Dade Clerk of Court prior to the issuance of a certificate of use. Page 10 of 12 17 August 20, 2026 PZ2026-07 5. That the approved conditional use shall remain valid for a period of 24-months from the date of the conditional use approval. If no building permit or certificate of use is issued within the 24-month time period, the conditional use shall be considered null and void and of no force and effect. 6. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. VIII. MAP REFERENCES Zoning Map Page 11 of 12 18 Future Land Use Map Z; ,t �e I gArm 16. LOW TO MEDIUM DENSITY RESI i MEDIUMENTIAL ,,�.kL\ RESIDENTIAL MD(ED USE - BUSINESS NEIGHBORHOOD - BUSINESS OA, COMMUNITY FACILITIES 051 CONSERVATION TOWN CENTER - NORPi F®RR, TOWN CENTER - SOUMMTH WATER IF 0/01 August 20, 2026 PZ2026-07 Page 12 of 12 19 City of Sunny Isles Beach Planning and Zoning Department 18070 Collins Avenue Sunny Isles Beach, FL 33160 c111 O y \SLEse n RECEIVED PZ2026-07 8/11/2026 PLANNING & ZONING DI Re: Response to Sufficiency Review Comments — Conditional Use Application for Sunny Smart Daycare Dear Planning Staff, Sunny Smart Corp respectfully submits this response to the Application Sufficiency Review Comments regarding the Conditional Use Application for the operation of Sunny Smart Daycare at 17395 North Bay Road, Suite 103, Sunny Isles Beach, Florida 33160. Sunny Smart currently operates at this location as a licensed Activity Center, serving children and families in the Sunny Isles Beach community. Through this application, Sunny Smart seeks approval to transition its operations from an Activity Center to a fully licensed Daycare Center in order to expand the educational and childcare services currently provided to local families. In accordance with Section 265-13(C) of the City of Sunny Isles Beach Code of Ordinances, the Applicant addresses the standards of review for conditional uses as follows: 1. Consistency with the Comprehensive Plan The proposed daycare use is consistent with the City of Sunny Isles Beach Comprehensive Plan by supporting community -serving educational and childcare facilities that meet the needs of local residents and working families. The proposed use contributes to the availability of essential childcare services within the community and promotes a balanced residential environment by providing accessible early childhood education and care. 2. Protection of Public Health, Safety, and Welfare The establishment, maintenance, and operation of Sunny Smart Daycare will not be detrimental to nor endanger public health, safety, or general welfare. The facility will comply with all applicable requirements of: • The City of Sunny Isles Beach Code of Ordinances; • The Florida Department of Children and Families (DCF) licensing requirements; • Florida Fire Prevention Code requirements; • Building and life safety regulations; and • All applicable health and sanitation standards. The daycare will maintain appropriate staffing ratios, security procedures, emergency preparedness plans, and operational policies designed to ensure the safety and wellbeing of all children, staff members, and visitors. 3. Compatibility with the Surrounding Neighborhood The proposed daycare use is compatible with the character of the surrounding neighborhood and the existing mixed residential and community -serving uses within the area. Childcare facilities provide an important neighborhood service that supports local residents, particularly families living within Sunny Isles Beach. 20 Additionally, Sunny Smart has already been operating successfully at this location as an Activity Center without adverse impacts on neighboring properties or surrounding residents. The proposed transition to a daycare use represents a continuation and expansion of existing educational services rather than the introduction of a new incompatible use. 4- Public Facilities and Services The proposed daycare facility will utilize the existing infrastructure and public services currently serving the property, including utilities, roadway capacity, drainage systems, police, fire protection, and emergency services. We believe the existing levels of service are adequate to accommodate the proposed use. 5- Traffic Circulation and Access The facility will continue to utilize the existing ingress and egress points currently serving the property. Drop-off and pick-up procedures will be managed to minimize traffic congestion and ensure safe circulation for families and neighboring properties. Most of our families are walking distance, no cars need it. 6- Compatibility with Surrounding Properties The proposed daycare use is compatible with surrounding land uses and will not impede the development or use of adjacent properties permitted within the zoning district. 7- Visual Impacts The facility will operate within the existing building footprint and will not create adverse visual impacts on adjacent properties. 13-1(b). Exterior Alterations No exterior alterations are proposed for the property. The existing building, parking layout, landscaping, and signage will remain unchanged. No structural modifications or site improvements are planned as part of this application. 1(c). Business Operations Plan Our facility currently operates as an Instructional School, and we are applying to transition to a licensed Child Care Facility. Hours of Operation: Monday through Friday 8:00AM-7:00 PM Anticipated Number of Staff: 6 full-time staff members. All staff leaves in Winston tower buildings plus coaches. Maximum Number of Children: 63 children. 21 Age Groups Served: Children from 18 month to 9 years old Our program will provide age -appropriate educational activities, supervised play, meals and snacks, rest periods, and indoor learning experiences in a safe and nurturing environment. All operations will comply with the licensing requirements of the Florida Department of Children and Families (DCF) and all applicable local regulations. 2(a). Outdoor Recreation Area The proposed facility will serve the following age groups • Toddlers (2 years): 13 children • Preschool (3-5 years): 25 children • School -age (6-9 years) 25 children The total maximum enrollment will be 60 children. Based on the requirements of Miami -Dade County Chapter 33, Article XA, Section 265- 44(D), the required outdoor recreation area has been calculated accordingly. Our facility will comply with all applicable outdoor recreation requirements established by Miami -Dade County. Thank you for your consideration. Please let us know if any additional information or documentation is required. Sincerely, Director Wendy Gell 22 4. Traffic and Parking Impacts The proposed daycare operation is not expected to create significant traffic or parking impacts beyond those associated with the current use of the facility. Drop-off and pick- up activities will be managed through staggered scheduling procedures to minimize congestion and ensure safe circulation within the site and surrounding area. 5. Adequacy of Public Facilities and Services The site is adequately served by existing public facilities and services, including roads, utilities, emergency services, and infrastructure necessary to support the proposed use. 6. Compliance with Applicable Regulations The proposed daycare use will comply with all applicable provisions of the City Code, Land Development Regulations, and all state licensing requirements governing childcare facilities. 7. Compatibility with Adjacent Uses and Community Interests The daycare will provide a valuable community service by expanding access to childcare and early education opportunities for families residing in Sunny Isles Beach and surrounding areas. The proposed use supports the City's objectives of maintaining a family -friendly community and enhancing the quality of life for residents. Sunny Smart appreciates the City's consideration of this application and looks forward to continuing to serve the families of Sunny Isles Beach through the provision of high - quality childcare and educational services. Should you require any additional information or documentation, please do not hesitate to contact us. Respectfully submitted, 23 Sunny Smart Corp Wendy Gell Authorized Representative Sunny Smart Corp 17395 North Bay Road, Suite 103 Sunny Isles Beach, FL 33160 24 CITY OF SUNNY ISLES BEACH DEVELOPMENT REVIEW PROCESS City Code Sec. 265.11 The following items must be submitted. Check if completed: b V Letter of Intent. listing «vhat is being requested, and reasons why applicant feels the CITY op y \SLES� n` RECEIVED PZ2026-07 6/17/2026 PLANNING & ZONING DEPT. Public Hearing Application completely tilled out anti pruperiv executed. The folio number(s) for the subject proper is mandatory, b Ownership Aliidavit. u Disclosure of interest. if owner and or applicant are a corporation. trusted or parumr,hip and for Contract Purchaser. if any. o V Copy of lease tier one year or more, if applicant is lessee. Prior to issuance of recommendation approval front the Department of Environmental Protection (DEP), and.or Department of Environmental Resources Management (DERltt), Florida Department of Transportation (F DOT) for the preliittinairy review of" plans of the proposed project Miami -Dacia County Biscayne Bay Shoreline Development Review Committee and approval (iom the Nliatni-Dade County fire Department jNIDF13) for the staging area.of the proposed project. — Exterior coloring shall be approved by the City Commission, in accordance with a palette of colors that will be available for public consumption ai the Zoning Department, for every site applicant. FURNISH: One (1) set of folded and collated plans (size 24"x G"). Plans mast be at 1-20' scale with the initial application. Six (6) full sets of plans size I 1 "x 17". Current (b months) land survey of the property, sealed and signed by a registered �nginecr or surveyor. Certified sketch survey indicating radius distances, sealed and signed by a registered engineer or surveyor. Z Digital copies of all plans, including the land survey and sketch survey of the property. Demolition/Construction Staging and Traffic Management Plans as provided by the City and attached to this document. Estimated construction schedule and fees. Aitwork proposal and appraised value (Public Art Advisory Committee} When applying for Transfer of Development Rights (TDRs), the applicant shall comply with the requirements in Section 265-23.7 of the Code of Sunny Isles Beach. A three dimensional model of the proposed development without 'I'DRs and a separate three dimensional model showing the development potential utilizing the proposed transfer of d%:0>pment rit ltts. Both construtxed ol'balsa wood, foam board, corrugated or like material. Cky Of SWW 109 Such Public Hearing Application Package Page 3 of 23 25 1NV , PUBLIC HEARING APPLICATION J flearing tf • •,, ,_;, Date Received -- Folio Number Y C• fltu 5 I . Proposed Project Name: 2. Name of Applicant— t 1111c _ 1 �a>i a, If applicant is Hie owner, give nano exactly as recorded on cited. b. if applicant is lessee, attaeli copy of vafid lease of one (i) year or more and Property Owners Sworn -to -Consent. C. If applicant is a cot7ioratiou. partnership, limited partnership, or trustee, a separate Disclosure of Interest fora must be comple(ed. 3. Applicant Mailing Addre`ss_ City T� _ -State — lip�� 1 Tel. # (during working hours) � 6Si S� Zic. � e-mail 4. Name of Property 9�yner iLlv)�'}l�` icy , u L_ L City l�.i NQU A -A_ _State f—1 4tp t Tel. # (during working hours) ��! �� __e-mailVtCis �.th C431 S. Contact Person W Mailing Address CiState zip 33 Cam• Tel. # (during working hours) ' —PR (Q 201?5 b: LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION V1 S. a. if subdivided, provide lot, block, complete name of subdivision, plat book and page number. b. if metes and bounds description, provide complete legal description (including section, township and range). e. if separate request apply to different areas, provide the legal description of each area covered by a separate request. d.attach a separate, typed sheet if necessary. Verify the legal description is correct. Size of property: `k ft. x R. acres 0*4(* MlyWNrill Public Harkv AppAeatktn Package Page 4 of 23 26 9. Date bjecti op�e-.y acquiredQor leased®__ —L—day of ac =F M V 1,0 20SO term of lease 6 ,year months. 10. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If lengthy, please type on a sheet labeled "Contiguous Property". 11. Is there an option to purchaser lease Othe subject property or property contiguous thereto? 13Yes or [3No If yes, who are the potential purchasers or lessees? (Complete section .Of Disclosure of Interest form also). 12. Present zoning classification (s): gig -P — z 13, REQUEST (S) COVERED UNDER THIS APPLICATION: Please check the appropriate box and give a brief description of the nature of the request in the space provided: ❑ Comprehensive Plan Amendment o District Boundary Change (s) o Site Plan Approval % Conditional Use o Variance o Plat Approval ❑ Transfer Development Rights • Vested Rights o Appeals ❑ Other: 14. Has a public hearing been held on this property within the last year aM a half? o yes ¢t no If yes, applicants name Date of hearinlx Nature of hearing Decision of hearing_ Resolution 4 City of Sunny Isles Beach Public Hearing Application Package Page 5 of 23 27 Date nthjcct pmpepy acquired ❑or (cased®.____ day a of '� J_._._... of lease____ year months. 10. Does property oN n}er own contiguous property to the subject property" If so, give complete legal description of entire contiguous property. (if lengthy, plcase type on a sheet labeled "Contiguous Property'. 1 t . is there an option to purchascQnr lease Othc sul}iect property or property contiguous thereto? Dyes or []No If yes. who are the potential purchasers or lessees'? (Complete section of Disclosure of Interest form also). 11 Present zoning classification (s): 13. REQUEST (S) COVERED UNDER THIS APPLICATION: Please check the appropriate box and give a brief description of the nature of the request in the space provided: tj Comprehensive Plan Amendment • District. Boundary Change (s) ❑ Site Plan Approval F1 Conditional Use o Variance o Plat Approval ❑ Transfer Development Rights ❑ Vested Rights o Appeals ❑ Other. 14. Has a public hearing been held on this property within the last year and a halt'.? a yes Kno If yes, applicants name Date of hearing Nature of hearing Decision of hearing Resolution # city of 6WW WIN Beach PW* Hmbv AppticatW Rackapa Page 5 o179 28 15. Is this li nring being requested as a resuh of violation notice?© yes ®no if ves. give lt[lme to which violation notice was served Nature of viol 16. Arc there any existuig structures pn the�iy`? ycs E] no If yes, briefly describe �L C�t,s�? 17. Is there any existing use on the property? 0 yes 0 no If yes, Nvat ik-t c iA ano whe[l.: was it es al lis i d? - use /t c �.k^'c (ice 66e Established aq►dt';www" PUW H*WkV Applicaton Packago Page 6 of 23 29 PROPERTY 0IN"NER'S SWORN-To-cONSENT PERT ITT[NG"TENANT TO FILE FOR HEARING On behalf of 1 dV-,M C--ALUIJ V �cx�. j,(� f,, ProPerty Owner of the property legally described below- and which is the subject property of the proposed hearing, does hereby grant consent to 5- as Tenant to file this application for a public hearing, — — Legal Description: a i/�, ' �.l Ii • ' •/ ! � + � ..Ii �� O- ' .� ' � /mil r Witnesses: Signature Print Name Signature Print Name Sworn to and a me on the -_ 13 Tdav of giant is Krsonally known to me has produced Commission Expires: Propert. wner's Signature - /(I I Print ; ame M Av7 ' 20 as identification. .01 OF FLQ����� Page 8 of 23 30 DISCLOSURE OF .INTEREST If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and principal officers or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). sA a Q9A2 6orporatio-n Name Name, Address and Office t f Percentage of Stock If the property which is the subject of the application is owned or leased by a LIMITED LIABILITY COMPANY list: the members or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). LLC Name Name, Address and Office f Percentage of Stock j. City of Sunny Isles Beach Public Hearing Application Package Page 14 of 23 31 NAMEADDRESS AND OFFICE (if applicable) Percentage of Interest Date of Contract: if any contingency clause or co tract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in the p�icatioR to the bes�pf my knowledge and belief Sworn to and subscribed before me, -L`rr!� This , day pf fp Notary Nblic, State of Florida at Large f^• My Commission Expires: (Applicant) 20 L Ijc Icuss" Iq i LL/IRIMWIoN# HH681(Mb/�A . ar ` EXPRE&Aupd7,2028MI * Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities inarket in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. Public Hearing No: City of Sunny fates Beach Public Hearing Applicatlon Package Page 16 of 23 32 RESPONSIBILITIES OF THE .APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that I am aware of the preliminary review of plans of the proposed project by the Department of Environmental Protection (DEP), and/or the Department of Environmental Resources Management (DERM), the Florida Department of Transportation (FDOT). In addition,. the Miami -Dade County Fire Department (MDFD) for the staging area of the proposed project along with the Miami -Dade County Biscayne Bay Shoreline Development Review Committee will review and comment for approval all development applications. These comments sometimes include requirements for an additional public hearing before (DERNI) and the Environmental Quality Control Board, (EQCB) in the preparation and execution of agreements to run with the land, which. are recorded, prior to obtaining a building permit. I understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT requirements or to advise this office in writing If the application will not go forward and may be considered withdrawn. Contact with the above -mentioned agencies is advised: during, the hearing process. Permit requirements: I also understand that the Florida Building Code, DEP, DEW MDFD, and /or Florida Department of Transportation FDOT imay contain requirements that affect my ability to obtain a required building permit for my project, even if the zoning applicationds approved at public hearing. I am aware that a Building Permit is required for all construction and'that I am responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for any and all structures and additions whether proposed or existing without permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property. Fees; I understand that the heating fees paid at the time of filingly a the total cost of the hearing and that I will be advised of any other fees that can be a th bloc hearing application. , tt�� Notary; Sworn to and subscribed before Notary Public -State of Florida r RIGHAM nAS,SMIW W CoM, MlSSM i HH 6$i$04 ;'•' I oP EXPIRM Baguet 7, 2M Print Name t me thisday of f` l f f r' j: , Z02� f t My commission expires 0 � Jj City of Sunny Isles Beach Public Nearing Application Package Page 17 or 23 33 ' CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on THURSDAY, AUGUST 20, 2026, AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2026-07 Application: Sunny Smart Daycare Conditional Use Applicant: Sunny Smart Corp. Property Location: 17395 North Bay Road, Suite 103, Sunny Isles Beach, FL 33160 Folio: 31-2211-004-0222 Size of Property: 54,623 sq. ft. (1.25 acres) Zoning District: RMF-2 (Medium -High Density Multifamily Residential) Summary: The Applicant, lessee of the property, is seeking approval of a conditional use to allow a child daycare facility. The Applicant has renovated the interior of the existing 4,167 sq. ft. suite and does not propose any building additions or exterior improvements. Request: Pursuant to Sections 265-13 and 265-34 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of a conditional use to allow a child day care facility on a RMF-2 zoned property. The plans reviewed are on -file and may be examined in the City Clerk's Office. The plans are entitled "Sunny Smart Daycare Site Plans," stamped received July 22, 2026; and July 28, 2026, consisting of four (4) sheets prepared by Luis Uriarte of Architectural USA Concepts Corporation and one (1) survey prepared by Fernando Fernandez Professional Surveyor and Mapper., stamped received July 16, 2026, consisting of one (1) sheet. Plans are subject to revisions based upon comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. Legal: A PORTION OF LOT 3, TATUMS SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 64 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DSCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 AND THE WEST RIGHT OF WAY LINE OF STATE ROAD AIA; THENCE SOUTH 87°17'35" WEST, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 1547.07 FEET; THENCE NORTH 02°42'25" WEST, A DISTANCE OF 106.00 FEET OF THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING FURTHER DESCRIBED AS BEING ON THE EAST LINE OF THAT PARCELOF LAND KNOWN AS NORTH BAY ROAD AND DESCRIBED IN THE CLERK'S FILE NO. 70R-112692, OF THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA; THENCEALNG THE LAST DESCRIBED COURSE ALONG SAID EAST LINE OF SAID NORTH BAY ROAD, A DISTANCE OF 229.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURE TO THE RIGHT; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLYALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25 FEET, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 87°17'35" EAST, ALONG THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND KNOWN AS WINSTON BOULEVARD AND DESCRIBED IN CLERK'S FILE NO. 70R-112693, A DISTANCE OF 190.20 FEET; THENCE SOUTH 02°42'35" EAST, A DISTANCE OF 254.00 FEET; THENCE SOUTH 87°17'35" EST, ALONG A LINE PARALLEL TO AND 106.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID TATUMS SUBDIVISION, A DISTANCE OF 215.20 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE AND BEING IN MIAMI-DADE COUNTY, FLORIDA. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 or by sending an email to PublicComments@sibfl.net. All written comments and questions will be made part of the record at the meeting. All written comments and questions must be received prior to the commencement of the meeting. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. The hearing on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, it is the responsibility of such person to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Clerk at 305-792-1703, TTY 305-792- 1589 no later than 48 hours prior to the proceedings. 34 ♦______ 4I I N I EXISTING 1 STORAGE PROPOSED z YOGGA I CLASSROOM N ® EXIST. closet 1 I Elosei ( c�Isef I s,DN.ee L _ _ _ _ _ _� EXISTING STORAGE faw -------------------- PROPOSED q 1 VPK CLASSROOM FOR DCF PROGRAM Li ---------- (------- ----- 9 EXISTING EXERCISE ROOM 15 PROVIDE NEW CERTIFICATE OF USE FOR UNNY SMART CORP .me ^ w uxcot (wxMDE OSCNEP.xa S.aE� >NwED 4DN) °—Dn�ENEE1 '^+'rnE Folo.af }21t�.O}]2 rECrq—xEE DE RECI MEN'S _ aN ❑ aDNaww,. aw,.t woof ,N . wR, N N,. o EXISTING PANTRY 01 \STLES AREAS & o,xenw.x.s.mcwsorEwes Nun--- Em,n.ueanw� c�weu,Dwe »M aE+mot RECEIVED �.,�w„w. Ewu�µammnww.ww.a a �a� w PZ2026-07 s..ceuxoen uctaeo.Nouxwciaamaruww.ra°�+•+'+•• ------------ I „G eN a xen ww.waaanE 7/16/2026 KI fI ail GYM I I Lu I I I AREA I , Ili PROPOSED �T.R,� $ 2 — VPKCLASSROOM WAITING AREA _____—_—___., rxµu.n E I TRAVEL DISTANCE: 5S'=0m'F1`---------------- r— AaR„a ® I EXISTING EXISTING 1 EXIS ING COMPUTER HOME WORK I RECEPTION ROOM ROOM LL �N O FIRST FLOOR PLAN -PROPOSED ve' = n(r' PLANNING & ZONING DEPT. DOOR SCHEDULE (EXIT DOORS ON DOOR PE TW1D H T.DW.R MARKS 1. .0 .wemwacv,mswwaeewertmaartss«www FBC 2M 4TH EDITON °^co-" seE.cnavi OPLOT PLAN NTS OLOCATION PLAN NTS AREA OF WORK o SUNNY SMART CORP. LIFE SAFETY PLAN � m $ _ '^ - o � � � � � Ilsw3 LOBB OBZ 99L 3NOHd LOL46 Zib'# ��ll "Id yaeeg seisl �tuung �all4yt/ BPPoId 'd2fOO ,W�� HOd36 SCSI Nf1S 905 # erns 312�VRJf1 '3 Slfl"I v 12lt/WS ANNf1S 42i ,1H8 N 56EL6 plenelnog oguepy pp�g� i 10MMEN, I� , ■\\ • , �. � BSI �l I� "�� �= � • ■ S1N 3lVOS �ZOZ l£ 8 31F/0 woa•etil¢ijesnnul : Mx : Q a PG" W O � J� N� N N �Nns u a 36 9-0-0 MISO llG9MS HEU3N NOLLtltlOdN00 S1d30N0'J ®W®C7 AVE G8bM®P9 95M Tugs O gp n S 9 v=i 2® 6® vsnlVMn10311NOHV HW'Ud emom led t} y Q LL O= Q¢ Y m J my K N N O y N J Z O W �m O Q Z 0 cn Z CN N�"5 W W Y H W (n W ' d � N -p C O 70 3 d W Q O o 4 N N x - - N N x M 0 r N N s ® N N s � O o; N Cl) O r- E 3J O Cl) z �i e M Z g � 5 n ® M a o �U OJ o II III�IIII I Lo OLL 9 ❑ M i �U � �b Cl) ti ® � M 9 �" co Cl) O Cl) N O o d � � Q q H N w� tT1 ace M .Y ya lA O OJ to d' O ® Cl) O O N r- N 37ry me ac.N Nm O ❑ 4O—yO f ¢¢Y Z❑ ¢Y¢ W N F (Wj z `m N Z22Z ZZZ ZZ �2 � 0y� z 37 EXHIBIT B SITE PLAN iaao: E3i}ft O RO'= SURE l 3 5tltTE`102 mow � �tJtiE 4gEi; rLE, GROW AREA 4 12" AFT.L%A-BLS LEAl WFr. EA4,M A,M ET #BE 2iM SQ FY: CITY Op y \SLESB F j �� LLL�n N _ RECEIVED E7/1 2026-07 6/2026 PLANNING & ZONING DEPT. Retail Lease — Page 21 38 Government L A W G R O [7 P W W W. G O V L A W .G R O U P C O M Richard Dewitt, Esq. 1 (954) 909-0593 office I rdewitt@govlawgroup.com August 20, 2026 Larisa Svechin I Mayor City of Sunny Isles Beach 18070 Collins avenue) Sunny Isles Beach, FL 33160 Re: SUNNY SMART CORP. (17395 +Ce 2� ) Agenda item 5.A PZ2026-07 (Conditional Use for A Child Day Care Facility) Dear Mayor: This firm represents Sunshine State Academy ("Sunshine"), owner and operator of early childhood, elementary and middle schools within the vicinity of the proposed child day care facility. While Sunshine does not oppose the Request for a Conditional Use for a Child Day Care Facilily, Sunshine does have serious concerns that warrant the Commission's attention and review mandating a condition of approval in order to protect the health, safety and welfare of the children attending the facility. Specifically, Sunshine is concerned, and has heard from different sources, that the applicant is merely a strawman utilized solely to obtain the conditional use as a bait and switch, at which point the properly will be leased to a new unscrupulous operator, who would be unvetted, and outside of the review and approval of the City Commission. The majority of municipalities in Miami -Dade County tie the approval of a Conditional Use to the actual applicant. However, the City's code ties the approval to the actual property, which opens the door for abuse and the concerns of a bait and switch to an unscrupulous operator. Accordingly, we implore the Commission to add, as a condition of approval, that the Conditional Use solely authorizes Sunny Smart Corp., to operate the facility, and any change of the lease or operator requires the submittal of a new application. Thank you for your assistance in this matter. Very truly yours chard Dewitt 9`Sr Ty Os sup+ j�0 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Brittany Austin, Assistant Planning and Zoning Director DATE: August 20, 2026 RE: Zoning Application for Conditional Use of Child Day Care Facility Located at 17395 North Bay Road RECOMMENDATION: The application is consistent with the City's Comprehensive Plan -and the conditional use standards of City Code Section 265-13.C. for a child day care facility in the RMF-2 zoning district. The application is consistent with many, but not all of, the specific use standards for child day care facilities of City Code Section 265-44.D. and Miami -Dade County Code Chapter 33, Article XA. Specifically, the minimum classroom size and outdoor playground area requirements. Therefore, the conditions of approval limit the maximum number of children to 60 and establish a maximum number of children that may use the outdoor play area at one time. Staff has compiled the relevant facts of the requested conditional use and presents the application to the City Commission for consideration. Approval of the application is contingent upon satisfaction of the conditions listed in Section VI I of the staff report. REASONS: The Applicant, lessee of the property, is seeking approval of a conditional use to allow a child day care facility on a property zoned RMF-2 (Medium High Density Multifamily Residential). The Applicant has renovated the interior of the existing 4,167 sq. ft. office building and does not propose any building additions or exterior improvements. ADDITIONAL INFORMATION: The application as submitted, would not be eligible for a Certificate of Use to operate the facility as proposed. The conditions of this approval provide for 60 children maximum as well limitations on Item Number: 5.A 6 outdoor play areas whereas 63 children are proposed in the application. This conflict must be addressed before a Certificate of Use can be issued. ATTACHMENTS: Staff Report Letter of Intent Application Public Notice Floor Plan Fence Plans Parking Plan Site Plan (Plaza) Resolution Item Number: S.A N