HomeMy WebLinkAboutReso 2015-2451 _RESOLUTION NO. 2015- z4 5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, REQUESTING A REVISION
TO THE DECLARATION OF RESTRICTIONS TO MODIFY THE
'LIMITATION ON DAYCARE USES ON THE PROPERTY
LOCATED AT 17395 NORTH BAY ROAD, SUBJECT TO
CERTAIN CONDITIONS, ATTACHED HERETO AS EXHIBIT
"A"; PROVIDING THE CITY MANAGER AND THE CITY
ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner of the property located at 17395 North Bay Road ("Property")
agreed to restrict via a Declaration of Restrictions the daycare type of uses on the Property as a
condition of the approval of a daycare under Zoning Resolution No. 12-Z-128, adopted on March
15. 2012; and
WHEREAS, the owner of the Property is now seeking to modify the Declaration of
Restrictions to permit the expansion of the approved daycare facility; and
WHEREAS, the City Commission is required to modify the Declaration of Restrictions
before a public hearing is held on Zoning Application No. PZ2015-01.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Request for Modification of Declaration of Restrictions. The City Commission
hereby ag J,D the request to modify the Declaration of Restrictions.
Section 2. Authorization of City Manager and City Attorney. The City Manager and the City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 114' day of September
Geor - H. Scholl, Mayor
ATTEST: , •
Jane A. Hines. City Clerk. MMC
\fodiftins Restrictive Cotenant SIB Daycare I of 2
APPRO ' D AS TO FORM
AN A f L .UFFICIENCY:
Oki
H. s Ottinot. City Attorney
Moved by: t 0� 101
Seconded by: 'A'i MAT Garr TO
Vote: 6-b
Mayor Scholl ✓(Yes) (No)
Vice Mayor Gatto V(Yes) (No)
Commissioner Aelion ✓(Yes) _ (No)
Commissioner Goldman ✓,(Yes) (No)
Commissioner Levin ✓(Yes) (No)
Modifying Restrictive Covenant SIB Daycare 2 of 2
111101 1111111111100111111111111111lilt llil
CFN 2012R0234821
mis instrament.was prepared by: OR Bk 28057 Pss 4560 - 4563; (floss)
Stanley B.Price,Esq. • RECORDED 04/03/2012 12:20:19
HARVEY RUVIN, CLERK( OF COURT
1450 Snmbe:A Avenue, Price l Axelrod LLP MIAMI-DADE COUNTY, FLORIDA
1450 Brickell Avenue,23rd Floor
Miami,Florida 33131-3456
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned owner("Owner")holds the fee simple title to the land in City
of Sunny Isles Beach, Florida, ("City") described in Exhibit "A," attached hereto, and hereinafter
called the"Property," and
IN ORDER TO ASSURE the City that the representations made to the City during
consideration of Public Hearing Application No. Z2012-04 (the "Application"), filed by Sunny
Isles Daycare Corp., will be abided by, the Owner freely, voluntarily, and without duress makes
the following Declaration of Restrictions covering and running with the Property
("Declaration"):
(1) Limitation on Daycare-type Uses and Parking. No more than one facility used for
daycare purposes may operate on the Property, and no such facility may comprise more than
.4,000 square feet of usable interior space. Further, any daycare facility must give priority in
enrollment to Winston Towers residents. The Owner shall provide four (4) parking spaces for
ekclusive use by the daycare facility.
(2) City Inspection. It is hereby understood and agreed that any official inspector of the
• City, or its agents duly authorized, may have the privilege at any time during normal working
hours of entering and inspecting the use of the premises to determine whether or not the Owner is
complying with the requirements of the building and zoning regulations and the conditions in this
Declaration.
(3) Covenant Running with the Land. This Declaration on the part of the Owner shall
constitute a covenant running with the land and may be recorded, at Owner's expense, in the
public records of the City and shall remain in full force and effect and be binding upon the
undersigned Owner, until such time as the same is modified or released.These restrictions during
their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the
Property and for the benefit of the City and the public welfare. Owner acknowledges that
acceptance of this Declaration does not in any way obligate or provide a limitation on the City.
MIAMI 29103I I.1 7957936929
3/228/1211:19AM34s1-12-104-sA1032sWs?-le l&M4 Exhibit "A„
1GIIAMI 988929
3/28/12 11:40 AM
Book28057/Page4560 CFN#20120234821 Page 1 of 4
Declaration of Restrictions
Page 2
(Space reserved for Clerk)
(4) Term. This Declaration is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years from the date this Declaration is
recorded after which time it shall be extended automatically for successive periods of ten (10)
years each, unless an instrument signed by the, then, owner(s)of the Property, in accordance with
paragraph 5 below, has been recorded agreeing to change the covenant in whole, or in part,
provided that the Declaration has first been modified or released by the City.
(5) Modification, Amendment, Release. This Declaration may be modified, amended or
released as to the land herein described, or any portion thereof, by a written instrument executed
by the,then,owner(s) of all of the Property, including joinders of all mortgagees, if any,provided
that the same is also approved by the City Commission after public hearing.
Should this Declaration be so modified, amended or released, the Director of the City
Department of Community Development, or the executive officer of the successor of such
Department, or in the absence of such director or executive officer by his assistant in charge of
the office in his absence, shall forthwith execute a written instrument effectuating and
acknowledging such modification, amendment or release.
(6) Enforcement. Enforcement shall be by action against any parties or person violating, or
attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or
arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements
allowed by law, such sum as the Court may adjudge to be reasonable for the services of his
attorney. This enforcement provision shall be in addition to any other remedies available at law,
in equity or both.
(7) Authorization for City (or successor municipal corporation) to Withhold Permits
and Inspections. In the event the terms of this Declaration are not being complied with, in
addition to any other remedies available, the City (or any successor municipal corporation) is
hereby authorized to withhold any further permits; and refuse to make any inspections or grant
any approvals,until such time as this Declaration is complied with.
(8) Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights,remedies or privileges.
MIAMI 2910311.1 7957936929 2
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FMIAW2988
.929
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Book28057/Page4561 CFN#20120234821 Page 2 of
Declaration of Restrictions
Page 3
(9) Presumption of Compliance. Where construction has occurred on the Property or any
portion thereof, pursuant to a lawful permit issued by the City for a daycare or school facility
described herein, and inspections made and approval of occupancy given by the City, then such
• construction, inspection, and approval shall create a rebuttable presumption that the facility thus
constructed and permitted complies with the intent and spirit of this Declaration.
(10) Severability. Invalidation of any one of these covenants, by judgment of Court,shall not
affect any of the other provisions which shall remain in full force and effect. However, if any
material portion is invalidated, the City shall be entitled to revoke any approval predicated upon
the invalidated portion
(11) R ecordation and Effective Date. This Declaration shall be filed of record in the public
records of Miami-Dade County, Florida, at the cost of the Owner following the approval of the
Application. This Declaration shall become effective immediately upon recordation.
Notwithstanding the previous sentence, if any appeal is filed, and the disposition of such appeal
results in the denial of the Application, in its entirety,then this Declaration shall be null and void
and of no further effect. Upon the disposition of an appeal that results in the denial of the
Application, in its entirety, and upon written request, the Director of the Community
Development Department or the executive officer of the successor of said department, or in the
absence of such director or executive officer by his/her assistant in charge of the office in his/her
absence, shall forthwith execute a written instrument, in recordable form, acknowledging that
this Declaration is null and void and of no further effect.
(12) Acceptance of Declaration of Restrictive Covenants. Approval of the Application and
acceptance of the Declaration does not entitle the Owner to a favorable recommendation or
approval of any application, zoning or otherwise, and the Board of City Commissioners retains
its full power and authority to deny each such application in whole or in part. The term "Owner"
shall include the undersigned,their heirs, successors and assigns.
(13) Owner. The term Owner shall include the Owner,and its heirs, successors and assigns.
[Execution Page Follows]
MIAMI 291031 1.1 7957936929 3
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fi1IA1cw29g8273.1 ,1 7957936929
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Book28057/Page4562 CFN#20120234821 Page 3 of 4
OR BK 28057 PG 4563
• LAST PAGE
Declaration of Restrictions
Page 4
Witnesses: BY: PRINCE OF SUNNY ISLES,LLC,
/ g , a Florida limited liability company
l IJC51 ( BY tk
Print Name: WEr:3 t r9C•1AS
Print NamcD4J1G1 ( 'GitV
(ipoi
Title:
Print Name: X rI L/r4 L)Q n hike,t c�
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE ) •
Sworn to and subscribed before me this e9-R day of yhia1 , 2012. The foregoing
instrument was acknowledged before m ,�eao c, . who has produced
as identification and/or is personally kn wn t me and who did/did not take an oath.
•
Print Name: /Ye Tie 6ip - e-1
My Commission Expires: //Z 6 /tom
Serial No. (None,if blank):
,a tl1. NETTA GIDALI
it ` ary Pobi1e-Stale of Florida
•i My Comm.Expires Jan 26.2015
1 `-'S Commission d EE 59047
.;:a;e,,^,.', Ended Tiara Mdional Netary Assn.
I MIAMI 291031 1.1 7957936929 4
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Book28057/Page4563 CFN#20120234821 Page 4 of 4
0 Bi&in Sumberg
•
ATTORNEYS AT LAW
Stanley B.Price,Esquire
Tel 305-350-2374
Fax 305-351-2204
• sprice(plbilzin.com
August 20, 2015
Ms. Claudia Hasbun
Planning and Zoning Administrator
City of Sunny Isles Beach '
Sunny Isles, FL 33160
Request for Modification of Declaration of Restrictions
Sunny Isles Academy Corp.
17395 North Bay Road, Sunny Isles Beach, Florida 33160
Dear Ms. Hasbun:
Please accept this as a request on behalf of our clients, Sunny Isles Academy Corp.,
("SIAC") and Sunny Isles Daycare Corp. d/b/a Sunny Isles Kids' Club as co-applicants
(collectively, the "Applicant"), for approval of a modification to an existing Declaration of
Restrictions in connection with proposed expansion of an existing daycare and the
establishment of prekindergarten and afterschool program (collectively the "Academy").
As a companion to this request, our client is seeking a modification of the previously
issued conditional use approval on the property, along with related variances.
Modification of Declaration of Restrictions
The Property is currently subject to a Declaration of Restrictive Covenants, recorded
April 3, 2012 in Official Records Book 28057 at Page 4560 of the Public Records of Miami-Dade
County, Florida, entered into in connection with the 2012 approvals, that limits the Property to a
single daycare facility of no more than 4,000 square feet. To effectuate the approvals requested
by this Application, the Owner has proffered a first amendment to the covenant, which would
increase the daycare use of the Property to 8,500 square feet of childcare- and school-related
uses and require the exclusive use of eighteen (18) parking spaces. The proposed increased
square footage would allow our client to accommodate between 20 to 25 additional children
above the 25 currently at the daycare, and would additionally allow both pre-kindergarten and
afterschool care uses to be provided on site. SIAC requests the approval of the proffered
modification to the declaration in conjunction with the requested Conditional Use and Variance
approvals.
MIAMI 4713476.1 81266/45338
BILZIN SUMBERG BAENA PRICE 8 AXELROD LLP
1450 Brickell Avenue.23rd Floor,Miami,FL 33131-3456 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com
Ms.Claudia Hasbun
Planning and Zoning Administrator
August 20,2015
Page 2
The reasoning set forth in the Second Amended Letter of Intent accompanying
Application PZ2015-01 is incorporated into this request.
Thank you for your consideration of the above, and please do not hesitate to contact me
by phone or email with any questions that you may have.
Sincerely,
Stanley . Price
SBP/ebl
MIAMI 4713476.1 81266/45338
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue,Suite 2300,Miami, FL 33131-3456
9/10/2015 Item Coversheet
SV�///
= ;rA City of Sunny Isles Beach
18070 Collins Avenue
1‘. '3. Sunny Isles Beach, Florida 33160
•
\t±a"soa • (305)947-0606 City Hall
'0,, s, (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia Hasbun, Planning and Zoning Administrator
DATE: 9/17/2015
Request to Modify Recorded Declaration of Restrictions
RE: Sunny Isles Kid's Club a/k/a Sunny Isles Academy Corp.
("Applicant")
17395 N Bay Rd, Sunny Isles Beach
RECOMMENDATION:
The City Commission is presented with the request to modify this
recorded Declaration of Restrictions which was agreed upon a
condition of the approval of a daycare pursuant to Zoning Resolution
No. 12-Z-128, adopted on March 15, 2012.
REASONS:
The Applicant is seeking the modification of the recorded Declaration
of Restrictions to permit the expansion of the approved daycare
facility. This declaration shall be modified before application PZ2015-
01 is heard.
ATTACHMENTS:
Description
Request
Current recorded Declaration of Restriction
Item Number: 10.1.
http-J/sunnyisles.novusagenda.com/agendaveb/CoverSheet.aspx?ItemID=1728 1/1